Committee on School and Division Accountability

The Board received an update on proposed amendments to the Regulations Establishing Standards for Accrediting Public Schools in Virginia, the full version of which is available at:

http://www.doe.virginia.gov/boe/committees_standing/accountability/2016/10-oct/updates-to-soa-oct-2016.pdf.  The proposal remains similar to that introduced at the Board’s September meeting, with some additional discussion about the possible impact on academic subject testing if some students are allowed to receive verified credits by other means.

The Committee also received an update on the proposed “accountability matrix” under consideration to measure school and division progress.  Indicators under consideration include both academic outcome indicators (such as pass rates on state assessments) as well as measures of “opportunities to learn” (such as absence and discipline rates).  Measures of school climate, teacher effectiveness and school leadership are also under consideration.

The full presentation on the Board’s progress is available at:

http://www.doe.virginia.gov/boe/committees_standing/accountability/2016/10-oct/update-accreditation-matrix.pdf

Regular Meeting
Consent Agenda

As part of its consent agenda, the Board approved revisions to the Family Life Education Board of Education Guidelines and Standards of Learning for Virginia Public Schools to comply with the requirements in 2016 House Bill 659. The Family Life Education revisions and the Board meeting and standing committee meeting dates for 2017 can be found at:  http://www.doe.virginia.gov/boe/meetings/2016/10-oct/agenda-items/item-c.pdf. 

The Board also set its meeting dates for 2017 which can be found at:  http://www.doe.virginia.gov/boe/meetings/2016/10-oct/agenda-items/item-c.pdf. 

The Board also announced that the term of office for the President and Vice-President of the Board is July 2015 - July 2017 The Board’s Vice-President’s appointment expires January 29, 2017; therefore, an election to fill the Vice-President vacancy may take place at the February 23, 2017, meeting. An election for the President and Vice-President of the Board will take place at the July 27, 2017, meeting.

Requests for Rating of Partially Accredited: Reconstituted School from Thirty-Five School Divisions

The Board approved 65 schools designated with a rating of Partially Accredited:  Reconstituted School to enter an agreement with the Superintendent of Public Instruction that details the essential actions that must occur in 2016-2017 by January 31, 2017.  Mount Vernon Woods Elementary School in Fairfax County was among the schools that were approved.  The Board also denied requests of 32 school divisions for a rating of Partially Accredited:  Reconstituted School.  School divisions in the denied category will enter into a Memorandum of Understanding with the Board of Education which will be presented to the Board for first review on November 17, 2016. 

Local Alternative Assessment Guidelines

The Board approved the proposed local alternative assessment guidelines to replace those adopted by the Board in September 2014.  Approval of the new local alternative assessment guidelines clarifies the expectations for school divisions to implement local performance assessments and provides guidance for them to use in determining where their divisions are in the implementation process.  The Board emphasized the importance of staff development.

A summary of the changes to the Local Alternative Assessment Guidelines since the September 22, 2016, board meeting is as follows: 

• Deleted the term “authentic” in several instances at the advice of Department of Education staff who indicated that this term is confusing to school division staff;
• Provided more detail about the Framework for Local Alternative Assessment Implementation;
• Clarified expectations for content coverage if integrated assessment covering more than one content area are used; and  
• Clarified retention of documents for potential desk reviews.

The approved framework includes seven stages in the implementation of local performance assessments: readiness, design, develop, administer, use, account, and institutionalize/innovate. Included with the framework are two supplements that are intended to assist school divisions in determining in what stage they are in the continuum of implementing performance assessments. The first describes actions associated with each stage in the framework and the second identifies documents that could be used to verify a school division’s placement in each stage. A third supplement provides examples of actions associated with enacting the vision of the Local Alternative Assessment Initiative.

Additional information can be found at:  http://www.doe.virginia.gov/boe/meetings/2016/10-oct/agenda-items/item-e.pdf.

Recommendations to Revise the Standards of Quality

The Board approved the proposed revisions to the Standards of Quality.  The following is a summary of the approved revisions along with the estimated FY 2018 state implementation costs to eliminate the cap on funded support positions:

• Propose legislation to amend the Code of Virginia to ensure that students and parents are made aware of career and technical education opportunities.
• Require one full-time assistant principal for every 400 students in grades K-12 ($71.4 million);
• Require one full-time principal in every elementary school ($6.8 million);
• Require one school counselor for every 250 students in grades K-12 ($82.4 million);
• Require one full-time school psychologist for every 1,000 students ($42.7 million);
• Require one full-time social worker for every 1,000 students ($48.7 million);
• Require one full-time school nurse for every 550 students ($1.8 million);
• Eliminate the flexibility provisions established in the Appropriation Act that waives or override certain staff to student ratios that are established in the Standards of Quality;
• Eliminate the methodology established in the Appropriation Act that artificially caps the number of state-funded support positions at 1 support position for every 4.03 instructional positions; ($339.6 million)
• Propose legislation to shift the review of the SOQ from even to odd-numbered years to be aligned more effectively with the legislative budget process; and
• Propose an in-depth study be conducted to ensure that adequate data is available regarding the local deployment of SOQ positions.

The revisions will be communicated to the Governor and General Assembly for their consideration.

Proposed Regulations Governing the Use of Seclusion and Restraint in Public Elementary and Secondary Schools in Virginia (Proposed Stage)

The Board received for second review the proposed Regulations Governing the Use of Seclusion and Restraint in Public Elementary and Secondary Schools in Virginia.  First review of the proposed regulations took place on February 25, 2016.  Since that time, the Board has held three public forums in October, 2016.  Based upon input from stakeholders, the VDOE has made changes to its initial draft based on comments that were common, shared, and uncontroversial.

The proposed regulations are based on two foundational—and consonant—principles: that schools must be safe for all children and that school personnel must be equipped to address emergencies and disruptions effectively, while protecting the dignity of all students, the integrity of the classroom, and the safety of all persons in our public schools. The proposed regulations attempt to reconcile these two opposing statutes.

The following is a summary of the proposed regulations:

1. Permit, but do not require, school divisions to implement physical restraint and seclusion in public schools. School divisions electing to use physical restraint and seclusion must follow regulations.

1. Preclude the use of seclusion cells; aversive stimuli; and prone, pharmacological, and mechanical restraints. Based upon public comment, we have added a prohibition on supine restraint to the proposed regulations.

1. Prohibit the use of physical restraint and seclusion as (i) punishment or discipline; (ii) means of coercion or retaliation; or (iii) convenience.

1. Exclude from physical restraint: briefly holding student to calm or comfort the student; holding student’s hand or arm to escort the student safely from one area to another; or use of incidental, minor or reasonable physical contact or other actions designed to maintain order and control.

1. Create reporting and notification standards for incidents of physical restraint and seclusion.

• By the end of the school day, school staff must report incident and first aid to school principal/designee;
• Within one calendar day, school principal/designee, other school personnel, or volunteers organized by school administration for this purpose must make reasonable effort to ensure that direct contact is made with parent, either in person or through telephone conversation, to notify parent of incident and any related first aid;
• If any pupil has been physically restrained or secluded outside regular school day, notifications shall be made as soon as practicable pursuant to school division’s school crisis/emergency management plan.

Based upon comment received by VDOE, reference to volunteers providing the notice was stricken from the proposed regulations. In addition, based on discussions at all three roundtable sessions, the requirement to issue incident reports has been broadened to include all students, not just those in a self-contained or other special education setting.  Parents, advocacy groups and school personnel disagreed sharply on the timelines for notification of the incident.

1. Establish specifications for seclusion rooms based on Department of Behavioral Health and Developmental Services Regulations for Children's Residential Facilities 12 VAC 35-46-960. Discussion addressed the specifications for seclusion rooms and the use of sensory objects. VDOE staff also received strong recommendations in favor of banning seclusion altogether. Seclusion is permitted in emergency circumstances under the 15 Principles and the VDOE Guidelines.

1. Provide for continuous visual monitoring of seclusion and physical restraint.

1. Require all school personnel to have initial evidence-based training in physical restraint and seclusion. Commenters were virtually unanimous that initial training should focus on de-escalation and positive behavior supports, with less emphasis on when restraint and seclusion may be used.

1. Require, when physical restraint and seclusion are used in a self-contained classroom or other special education setting:

• Advanced evidence-based training for school personnel assigned to that self-contained classroom;
• Debriefing of staff and, where appropriate, students;
• Incident reporting to principals, division superintendents;
• Copies of incident reports to parents.

Commenters agreed that debriefing should occur and incident reports issued regardless of the setting of the restraint or seclusion.

Stakeholders and commenters were divided on the issue of the level of training required of personnel who do not serve in a self-contained classroom or other special education setting.

1. Establish follow-up/review following three (3) incidents of physical restraint or seclusion for student in special and general education. IEP/504 team or other school team is to consider need for an FBA and a new or revised BIP that addresses underlying causes or purposes of the behaviors.

In response to public comment, staff has revised this section to provide that follow-up occur after two incidents of physical restraint or seclusion, the team may consider other actions, including a referral for special education evaluation or reevaluation. Commenters differed about the triggers, in terms of definition of an incident, and timelines for such review.

1. Require school divisions to adopt policies/procedures.

1. Cannot be construed to restrict initial authority of teachers to remove students from a classroom; authority and duties of SROs and SSOs; or civil immunity afforded teachers employed by local school boards for any acts or omissions resulting from the supervision, care or discipline of students.

Participation in these focus groups was heavily weighted toward special educators, parents of students with disabilities, and advocacy groups.  Strong support for eliminating the distinction between incidents occurring in general education setting and self-contained special education settings in all areas except the requirement for advanced training was expressed.  The draft regulations were modified accordingly.

Given the complexity of this matter, the Board decided to conduct a “Brown Bag” session in November to further study the issue of restraint and seclusion.   Prior to this study session, a detailed summary of stakeholders’ comments will be provided to the Board.  Second review will occur in January with final review of the Regulations Governing the Use of Seclusion and Restraint in Public Elementary and Secondary Schools in Virginia planned for February, 2017.

Memoranda of Understanding as Required of Schools in Accreditation Denied Status for Twelve School Divisions

The Board waived first review and approved the Memoranda of Understanding as required of schools in Accreditation Denied Status for the following twelve schools divisions:   Albemarle County Public Schools, Amherst County Public Schools, Brunswick County Public Schools, Buckingham County Public Schools, Chesterfield County Public Schools, Lynchburg City Public Schools, Lunenburg County Public Schools, Norfolk City Public Schools, Portsmouth City Public Schools, Prince William County Public Schools, and Richmond City Public Schools will meet with the Director of the Department’s Office of School.  Per the Memoranda of Understanding, school divisions and schools agree to comply with all requirements included in the Regulations Establishing Standards for Accrediting Public Schools in Virginia (SOA). Each Memorandum of Understanding outlines responsibilities of the Virginia Board of Education, the Virginia Department of Education, local school boards, school divisions, and schools in Accreditation Denied status.

Revised Corrective Action Plan Required by the Division-level Review for Petersburg City Public Schools

The Board received for first review the Revised Corrective Action Plan Required by the Division-level Review for Petersburg City Public Schools. Final review is expected at the November 17, 2016, Board meeting.

Request for Division-Level Review for Richmond City Public Schools

The Board received for first review the Request for Division-Level Review for Richmond City Public Schools.  Final review is expected at the November 17, 2016 Board meeting.

Progress Report on the Development of the Profile of a Virginia Graduate, as Required by SB 336 and HB 895 (2016)

The Board received for first review a report to the General assembly on the Profile of a Virginia Graduate.  The Profile of a Virginia Graduate is being developed to describe the knowledge, skills, competencies, and experiences students should attain during their K-12 education to make them “life-ready.” The “Profile” is comprised of four domains: academic content knowledge and application; workplace skills; community engagement and understanding of civic responsibility and governmental structure; and career exploration aligned with personal skills, knowledge, and interests. The Profile is the framework and basis for the Board’s revision of graduation requirements that will go into effect for freshmen entering high schools in the fall of the 2018-2019 school year, or the graduating class of 2022.

To date, the Board has discussed, but not yet reached consensus, in the following areas of the draft Profile of a Virginia Graduate:

• Increase Career Exposure, Exploration, and Planning. The Board supported expanding opportunities for career exposure, exploration, and planning for all students;
• Increase Internships and Work-Based Learning Experiences for All Students. The Board supported the use of internships and other work-based learning opportunities as a viable means to meet graduation requirements and to earn standard credits;
• Expand the Use of Locally-Developed Performance Assessments and Reduce the Number of Verified Credits. The Board supported expanding the use of locally-developed performance assessments for demonstration of content mastery in history and social science, and reducing the number of verified credits needed for both the Advanced Studies and Standard Diplomas to four;
• Emphasize the “5 Cs.” The Board supported integrating the key skills of 21st century education– critical thinking, creative thinking, collaboration, communication, and citizenship.

The Board has also identified the following areas that may require further consideration:

• Merging the Advanced Studies and Standard Diploma into a single Virginia Diploma;
• Requiring a capstone project or student participation in experiential learning for graduation;
• Increasing the expectations in mathematics for all students;
• Identifying alternative approaches to science coursework design; and
• Implementing career specific courses/competencies;
• Recognizing that some school divisions do not have the community resources available for internships and that a continuum of strategies will need to be provided.

As the Board continues to study this matter, other areas requiring further consideration may be identified.  Second review by the Board is planned for November 2016 with final approval taking place by the first of 2017.

The changes under consideration can be found at:  http://www.doe.virginia.gov/boe/meetings/2016/10-oct/agenda-items/item-k.pdf. 

Proposed Revised English Standards of Learning

The Board received the proposed revised English Standards of Learning for first review. The Board decided that it will hold a special work session on Wednesday, November 16 to solely focus on the Proposed Revised English Standards of Learning.

The Proposed English Standards of Learning are the first standards to be revised using the guidelines of the Profile of a Virginia Graduate. The Profile, developed by the Board of Education, describes knowledge, skills, competencies, and experiences students should attain during their K-12 education to make them “life-ready.”  

The major elements of the proposed revised English Standards of Learning include:

• Alignment and inclusion of the 5Cs: Critical Thinking, Creative Thinking, Communication, Collaboration, and Citizenship;
• Alignment to the applicable skills within the Virginia Workplace Readiness Skills;
• Reorganization of the K-3 Standards to fully align with the 4-12 Standards and reflect a seamless alignment of the English Standards of Learning from kindergarten through Grade 12;
• Reorganizing the early literacy skills formerly under an Oral Language strand to the Reading strand ensuring that students receive the strong foundation of phonological and phonemic awareness to become fluent readers;
• Creating a Communication strand in K-3, which will focus on the necessary skills to express needs, ask questions, work collaboratively, and present information;
• Creating a Research strand in K-3, which previously began in Grade 4. At the primary level, students will begin to conduct research and use available resources to answer questions, solve problems, and organize information;
• Renaming the Communication: Speaking, Listening, and Media Literacy strand to Communication and Multimodal Literacies to reflect the integration of multiple modes of communication and expression, digital citizenship, and current best practices;
• Expansion of cursive writing standards in grades 2 and 3;
• Expansion of technical reading and writing in grades 9-12;
• Introduction of reflective writing in grades 6-12;
• Expansion of skills for collaboration, consensus-building, team-building, and working toward common goals;
• Creation of standards in reading requiring comparing/contrasting details in literary and informational nonfiction texts;
• Expansion of requirements for nonfiction/informational/technical reading in grades 4-12;
• Emphasis on ethical use of the Internet when gathering and using information;
• Introduction of a focus on a mode or modes of writing at each grade level, increasing in complexity and rigor as students progress through K-12; and
• Edits to enhance clarity, specificity, rigor, alignment of skills and content, and a reflection of the current academic research and practice.

Proposed Revisions to the Guidelines for Policies on Concussions in Students, House Bill 954 Passed by the 2016 General Assembly

The Board received for first review the proposed revisions to the Guidelines for Policies on Concussions in Students to replace the Guidelines for Policies on Concussions in Student-Athletes adopted by the Board in January 22, 2015. 

The 2016 Acts of Assembly required the Board of Education to broaden the scope of the "Return to Learn Protocol" for school division policies and procedures on concussions to include all students and require school personnel to: be alert to cognitive and academic issues that may be experienced by a student who has suffered a concussion or other head injury; and accommodate the gradual return to full participation in academic activities of a student who has suffered a concussion or other head injury.

The proposed revisions can be found at:  http://www.doe.virginia.gov/boe/meetings/2016/10-oct/agenda-items/item-m.pdf 

Proposed Amendments to the Regulations Governing Nutritional Guidelines for Competitive Foods Available for Sale in the Public Schools (Final Stage)

The Board accepted for first review the proposed amendments to the Regulations Governing Nutritional Guidelines for Competitive Foods Available for Sale in the Public Schools (Final Stage).  The language in this final stage of the regulations is updated to align with the federal Smart Snacks in Schools regulations governing competitive foods available to students during the school day to provide clarity and consistency in state and federal regulations. These revised regulations would also incorporate the fundraising exemptions allowed by the federal regulations, mandated by the General Assembly, and initially implemented by a Board of Education resolution in November 2015.

It is anticipated that the adopted regulations would impact all school divisions administratively, as they would be required to adopt the new nutritional guidelines as part of their required local wellness policies and maintain records documenting compliance with the competitive food nutrition standards and the fundraiser exemptions; and possibly financially, as they change the food offerings on the school campus during the regular school day to meet the regulatory requirements. Local staff time would be required in implementing and monitoring the proposed requirements for school-sponsored fundraisers.  Final review of the proposed amendments is planned for the November 17, 2016, meeting.

Information regarding the proposed amendments can be found at:  http://www.doe.virginia.gov/boe/meetings/2016/10-oct/agenda-items/item-n.pdf.

Advisory Board on Teacher Education and Licensure’s Recommendation to Grant Approval to Add New Education (Endorsement) Programs at Shenandoah University and Washington and Lee University (Rockbridge Teacher Education Consortium

The Board received for first review the Advisory Board on Teacher Education and Licensure’s recommendation to grant approval to add new education (endorsement) programs at Shenandoah University and Washington and Lee University (Rockbridge Teacher Education Consortium).  Shenandoah University requested approval for graduate level programs in the areas of Reading Specialist and Early Childhood for Three-and-Four-Year-Olds (Add-on-Endorsement).  Washington and Lee University requested approval for and undergraduate program in Music Education-Vocal/Choral PreK-12.

Advisory Board on Teacher Education and Licensure’s Recommendation to Amend the Licensure Regulations for School Personnel to Comply with House Bill 279 of the 2016 Virginia General Assembly (Exempt Action)

The Board received for first review the Advisory Board on Teacher Education and Licensure’s Recommendation to Amend the Licensure Regulations for School Personnel to comply with House Bill 279 of the 2016 Virginia General Assembly (Exempt Action).  The Licensure Regulations for School Personnel are being revised to provide for the issuance of a three-year license to qualified individuals to teach high school career and technical education courses in specific subject areas for no more than 50 percent of the instructional day or year, on average.

The advantages of this route to licensure include: the applicant may apply directly to the Virginia Department of Education for licensure and the Department would provide a statement of eligibility to facilitate employment; and the applicant may take the Praxis II to meet endorsement requirements without having had five years of teaching experience.

The proposed amendments to comport with House Bill 279 of the 2016 Virginia General Assembly can be found at:  http://www.doe.virginia.gov/boe/meetings/2016/10-oct/agenda-items/item-q.pdf.  Final review by the Board will occur on November 17, 2016.

Virginia Department of Education’s Application for an Annual Waiver of the Teacher Licensure Requirements for Trade and Industrial Education Teachers to Comply with House Bill 682 of the 2016 Virginia General Assembly

The Board received for first review the application process and form for the annual waiver applications of licensure requirements for individuals hired to teach in a trade and industrial education program.

A Virginia school division superintendent may apply to the Department of Education for an annual waiver of teacher licensure requirements who meets specified criteria. Submission of an application for the waiver must include the following:

• Application for a Virginia License (if the individual does not already hold a valid Virginia license);
• Documentation of the completion of child abuse recognition and intervention training and (2) emergency first aid, cardiopulmonary resuscitation, and the use of an automated external defibrillator Training;
• Verification that the school board is hiring or seeks to hire the applicant in a trade and industrial education program;
• Verification of an industry credential or evidence from the credentialing entity that the individual is working toward the industry credential; and
• Documentation of at least two years or 4,000 clock hours of satisfactory occupational experience within the past five years in the teaching specialty for which endorsement is sought. [Please note that individuals whose experience requires a professional license to practice must hold such active Virginia license.]

The application may request a waiver of the following licensure requirements:

• Technology Standards for Instructional Personnel;
• Human growth and development: three semester hours;
• Curriculum and instructional procedures in career and technical education: three semester hours; and
• Applications of instructional technology or classroom and behavior management: three semester hours.

The application process and form for the annual waiver applications of licensure requirements for individuals hired to teach in a trade and industrial education program can be found at:  http://www.doe.virginia.gov/boe/meetings/2016/10-oct/agenda-items/item-r.pdf.

Model Policy Regarding Political Candidates and Public Officials and Model Policy Regarding Controversial Issues

The Board received the model policies at the request of a Board member.  The Virginia Commission on Civics Education believes that teachers need clear guidance in the areas of political campaigns and controversial issues. A team of former Virginia and U.S. Government teachers and Social Studies Supervisors drafted proposed model policies. The Commission requested the Board of Education to share the model policies with local school divisions, with the hope that local school boards would determine if the model policies are of value in reviewing their current policies.  The Board decided to seek public comment regarding the drafted proposed model polices.

Additional information regarding the draft model policy for political candidates and public officials and the draft policy regarding controversial issues can be found at:  http://www.doe.virginia.gov/boe/meetings/2016/10-oct/agenda-items/item-t.pdf.

Reports

The Board received the following reports:

• Annual Progress Report on Memoranda of Understanding as Required for Schools in Accreditation Denied status for Alexandria City Public Schools, Danville City Public Schools, Dinwiddie County Public Schools, Essex County Public Schools, Hampton City Public Schools, Henrico County Public Schools, Newport News City Public Schools, Norfolk City Public Schools, Portsmouth City Public Schools, Richmond City Public Schools, and Staunton City Public Schools; and

• Annual Progress Report on Memoranda of Understanding as Required for Divisions under Division-level Review for Franklin City Public Schools and Sussex County Public Schools.