2017 General Assembly Summary

Updated May 8, 2017

2017 General Assembly Summary
Education Related Legislation
Fairfax County Public Schools, Office of Government Relations

This report describes all of the education-related legislation that has passed in both the Virginia House of Delegates and the Senate of Virginia upon adjournment of the 2017 General Assembly Regular Session. Legislation is linked to the Division of Legislative Services’ web pages for text, up to date summary information, and fiscal impact statements. If a bill of interest is not found in one category, please check another as legislation often can fit under multiple labels.

All Adopted legislation will go into effect July 1, 2017, unless otherwise noted in the legislation itself.

BUSES/BUILDINGS/SAFETY – PASSED

Activation of Fire Alarms HB 1404 (Cole) and SB 1054 (Stuart) remove the condition that a building must be for public use in order for the Class 1 misdemeanor for maliciously activating a building's fire alarm to apply. The bill authorizes any locality to provide by ordinance that a person convicted of maliciously activating a fire alarm is liable for the reasonable expense in responding to such a fire alarm.

Confidentiality of Department of Juvenile Justice Records; Gang Task Forces. HB 2287 (Collins) and SB 1288 (McDougle) permit the Department of Juvenile Justice to disclose, at its discretion, the social reports and records of children who are committed to the Department to a gang task force, provided that its membership consists of only representatives of state or local government or includes a law-enforcement officer who are present at the time of the disclosure.

Lead Testing in School Buildings SB 1359 (McPike) requires each local school board to develop and implement a plan to test and, if necessary, remediate potable water from sources identified by the U.S. Environmental Protection Agency as high priority, giving priority in such testing plan to schools whose school building was constructed, in whole or in part, before 1986. NOTE that a related bill, HB 2089 (Kory), did not pass.

Procurement; Energy Performance-Based Contracting HB 1712 (Minchew) authorizes a public body, defined as a contracting entity, to purchase energy conservation or operational efficiency measures from an energy performance-based contract entered into by another contracting entity pursuant to the Energy and Operational Efficiency Performance-Based Contracting Act even if the entity did not participate in the request for proposals if the request for proposals specified that the procurement was being conducted on behalf of other contracting entities. The measure permits the use of cooperative procurement for energy conservation or operational efficiency measures in such instances. The bill provides however, that energy conservation or operational efficiency measures does not include roof replacement project.

School Security Officers Carrying a Firearm in Performance of Duties HB 1392 (Lingamfelter) gives local school boards authority to allow school security officers to carry a firearm in the performance of their duties if they have served as an active law-enforcement officer not less than 10 years prior to being hired as a school security officer; retired or resigned from a law-enforcement position in good standing; provided proof to the Department of Criminal Justice Services (DCJS) of completion of training that includes active shooter emergency response, emergency evacuation procedure, and threat assessment; provided that if he received the training from a local law-enforcement agency, it must have been the law-enforcement agency of the locality in which he would be employed; the local school board must have solicited input from the chief law-enforcement officer of the locality where he will be employed regarding the qualifications of the school security officer and received verification that the applicant is not prohibited from possessing, purchasing, or transporting a firearm. NOTE that a similar bill, HB 1907 (Heretick), did not pass.

Sex Offenses Prohibiting Proximity to Children HB 1485 (Bell, R.P.) includes in the list of certain sex offenses that prohibit a person convicted of such offenses from being or residing in proximity to schools and certain other property where children congregate or from working on school property any offense similar to such offenses under the laws of any foreign country or political subdivision thereof or the United States or any political subdivision thereof. The prohibition only applies to residences established on or after July 1, 2017. NOTE that similar legislation, SB 1072 (Deeds), did not pass.

Training on the Prevention of Trafficking of Children HB 2282 (Leftwich) requires the Virginia Board of Education to develop guidelines for training school counselors, school nurses, and other relevant school staff on the prevention of trafficking of children.

Transmission of Court-Ordered Custody and Visitation Arrangements to a Child’s School HB 1586 (Campbell) provides that, in any custody or visitation case in which an order prohibiting a party from picking a child up from school is entered, the court will order a party to provide a copy of such order to the child's school within three business days of the receipt of the order. The bill also requires that, where a custody determination affects a child's school enrollment, the court order a party to provide a copy of the custody order to the child's new school within three business days of the child's enrollment. The bill further provides that if the court determines that a party is unable to deliver the order to the school, such party will provide the court with the name of the principal and address of the school, and the court will cause the order to be mailed to such principal.

Use of Wireless telecommunications Devices by Persons Driving School Buses HB 1888 (Hugo) allows school bus drivers to use, in addition to two-way radio devices, wireless telecommunications devices that are used hands free to communicate with school or public safety officials.

Vehicle Charging Stations on School Property HB 2431 (Bulova) permits any school board to locate and operate retail fee-based electric vehicle charging stations on school property, provided that the use of each such station during the school day is restricted to school board employees, students, and authorized visitors and each such station is accompanied by appropriate signage that provides reasonable notice of such restriction.

Virginia Freedom of Information Act; Public Procurement Act; Proprietary Records and Trade Secrets; Solar Energy Agreements SB 1226 (Edwards) excludes from the mandatory disclosure provisions of FOIA proprietary information, voluntarily provided by a private business under a promise of confidentiality from a public body, used by the public body for a solar services agreement. The bill requires the private business to specify the records for which protection is sought before submitting them to the public body and to state the reasons why protection is necessary. The bill also authorizes a city to withhold from disclosure such information provided by a private entity in connection with a franchise, lease or use under a solar services agreement.

Virginia Public Procurement Act; Bid, Performance, and Payment Bonds; Waiver by Localities HB 2017 (Villanueva) authorizes a locality, where bid, performance, and payment bond requirements are waived, to waive the requirement for prequalification for a bidder or contractor with a current Class A contractor license for nontransportation-related construction contracts in excess of $100,000 but less than $300,000 upon a written determination made in advance by the local governing body that waiving the requirement is in the best interests of the locality. The bill prohibits localities from entering into more than 10 such contracts per year in which the bidder or contractor's prequalification requirement has been waived.

Virginia Public Procurement Act; Contracts for Architectural and Engineering Services Relating to Multiple Construction Projects; Maximum Fee For Any Single Project HB 1693 (Collins) increases the maximum permissible fee for any single project encompassed in a contract for architectural or professional engineering services relating to multiple construction projects from $100,000 to $150,000. SB 1508 (Cosgrove) includes a school division in a locality with a population in excess of 78,000 under the exception from the $100,000 single-project fee limit for architectural and professional engineering term contracts and the $ 1 million annual aggregate total of all such projects. Under the bill, such school divisions will pay a single-project fee of up to $2.5 million and an annual aggregate of $6 million.

Virginia Public Procurement Act: Requirements for Use of Construction Management Contracts HB 2366 (Albo) and SB 1129 (Ruff) establish requirements for the procurement of construction using the construction management and design-build procurement methods by state and local public bodies and covered institutions of higher education, as defined in the bill, and the conditions under which such methods may be used. Public bodies must comply with procedures adopted by the Secretary of Administration for construction management or design-build projects. State public bodies and covered institutions must adopt procedures that include, among other things, a requirement that the state public body or covered institution make a written determination in advance that competitive sealed bidding is not practicable or fiscally advantageous and document the basis for the determination to use the construction management or design-build procurement method. The bill requires the Department of General Services (DGS) to evaluate the proposed procurement method of state public bodies and covered institutions and provide a recommendation regarding the procurement method within five days of receipt of the written determination. If a state public body or covered institution elects to proceed with the project using a construction management or design-build contract despite a DGS recommendation to the contrary, the state public body or covered institution must provide to DGS in writing its reasons for doing so. For local public bodies, construction management contracts may be used for projects whose cost is expected to be less than $10 million, provided that the project is a complex project and the project procurement method is approved by the local governing body. The bill also requires DGS to report to the Governor and certain General Assembly committees annually by December 1 information pertaining to the agency's evaluation of projects submitted by state public bodies and covered institutions and all completed capital projects in excess of $2 million.

Wireless Communications Infrastructure SB 1282 (McDougle) provides a uniform procedure for the way in which small cell facilities on existing structures are approved by localities and approved and installed in public rights-of-way. The measure includes provisions that will establish requirements applicable to the location of micro-wireless facilities. The measure also addresses restrictions by localities and the Department of Transportation regarding the use of public rights-of-way or easements. NOTE that a similar bill, HB 2196 (Kilgore), failed. NOTE also that a joint subcommittee, made up of members of the House Commerce and Labor Committee, Senate Commerce and Labor Committee, and the Senate General Laws and Technology Committee was created to further consider issues surrounding wireless communications infrastructure, particularly pertaining to zoning and the zoning approval process.

CONDUCT AND DISCIPLINE - PASSED

Board of Pharmacy to Deschedule or Reschedule Controlled Substances HB 1799 (O’Bannon) authorizes the Board of Pharmacy (Board) to designate, deschedule, or reschedule as a controlled substance any substance 30 days after publication in the Federal Register of a final or interim final order or rule designating such substance as a controlled substance or descheduling or rescheduling such substance. The bill also provides that a person is immune from prosecution for prescribing, administering, dispensing, or possessing pursuant to a valid prescription a substance approved as a prescription drug by the U.S. Food and Drug Administration on or after July 1, 2017, in accordance with a final or interim final rule despite the fact that such substance has not been scheduled by the Board. The immunity provided by the bill will remain in effect until the earlier of nine months from the date of the publication of the interim final rule or, if published within nine months of the interim final rule, the final rule or the substance is scheduled by the Board or by law.

Drug Control Act; Schedule I HB 1610 (Garrett) and SB 1546 (Vogel) add certain chemical substances to Schedule I of the Drug Control Act. The Board of Pharmacy has added these substances to Schedule I in an expedited regulatory process. A substance added via this process will be removed from the schedule after 18 months unless a general law is enacted adding the substance to the schedule. The bill also removes two substances, benzylfentanyl and thienylfentanyl, from Schedule I.

Drugs of Concern; Gabapentin HB 2164 (Pillion) adds any material, compound, mixture, or preparation containing any quantity of gabapentin, including any of its salts, to the list of drugs of concern. NOTE that this bill contained an emergency clause and became effective on February 23 upon the Governor’s signature.

Policies and Procedures Prohibiting Bullying HB 1709 (Filler-Corn) requires the policies and procedures prohibiting bullying that are contained in each school board's code of student conduct to direct the principal to notify the parent of any student involved in an alleged incident of bullying of the status of any investigation within 5 school days of the allegation of bullying.

Student Discipline; Alternatives to Suspensions HB 1924 (Bagby) and SB 829 (Wexton) direct the Board of Education to establish guidelines for alternatives to short-term and long-term suspension for consideration by local school boards.

FINANCE - PASSED

Biennial Review of the Standards of Quality HB 2014 (Keam) changes from even-numbered years to odd-numbered years the biennial review of the standards of quality that is required of the Board of Education. NOTE that an identical bill, HB 2082 (Bulova), did not pass.

Breach of Payroll Data HB 2113 (Keam) and SB 1033 (Howell) require employers and payroll service providers to notify the Office of the Attorney General without unreasonable delay after discovery of a breach of computerized employee payroll data that compromises the confidentiality of such data, regardless of whether the breach triggers other database breach notification requirements. These bills require such notice to provide the affected employer's name and federal employer identification number. Upon receipt of such notice, the Office of the Attorney General will be required to notify the Department of Taxation of the breach.

Budget Bill HB 1500 (Jones) amends Chapter 780, 2016 Acts of Assembly (the 2016-2018 Biennial Budget). The following are some of the education-specific amendments found in the adopted budget package:

1 #6c Workgroup on Private Day Educational Program Options

Directs the staff of the Health and Human Resources and Elementary and Secondary Education Subcommittees for the House Appropriations and Senate Finance Committees to facilitate a workgroup, in cooperation with the Office of Children's Services (OCS), the Virginia Department of Education (VDOE), the Department of Planning and Budget, the Department of Social Services, and the Department of Juvenile Justice, to examine options and determine the actions necessary to better manage the quality and costs of private day educational programs currently funded through the Children's Services Act (CSA). A report was issued in November 2016 detailing various options for the General Assembly to consider related to private day educational program placements. This workgroup will move forward with the next step to examine options and determine the actions for consideration by the House Appropriations and Senate Finance Committees to be included in the 2018-20 biennial budget. In light of cost increases in recent years, various options are being considered to ensure appropriate alignment of decision making and the financial responsibility for private day educational program placements.

1 #12c Joint Subcommittee on Local Government Fiscal Stress

Establishes a joint subcommittee of members from the House Appropriations, House Finance and Senate Finance Committees, tasked with identifying issues and potential solutions related to local fiscal stress. The goals and objectives of the Joint Subcommittee is to review (i) savings opportunities from increased regional cooperation and consolidation of services; (ii) local responsibilities for service delivery of state-mandated or high priority programs, (iii) causes of fiscal stress among local governments, (iv) potential financial incentives and other governmental reforms to encourage increased regional cooperation; and (v) the different taxing authorities of cities and counties.

137 #2c Parental Choice Education Savings Accounts/Personalized Instructional and Academic Planning

Would have provided $380,000 the second year from the general fund to the Department of Education for estimated start-up costs in DOE that is needed to administer the Parental Choice Education Savings Account (ESA) program. However, since the underlying legislation creating such savings account failed (HB 1605), the $380,000 in funding was reallocated to the personalized instructional and academic planning initiative.

138 #2c Computer Science Teacher Training (HB 1663/SB 1493)

Directs Northern Virginia Community College, in consultation with the Department of Education, to contract with a partner organization to develop, market, and implement high-quality and effective computer science training and professional development activities for public school teachers pursuant to passage of House Bill 1663 and Senate Bill 1493.

139 #3c eLearning Backpack Initiative Language

Specifies that supplemental grants allocated to school divisions for participation in the Virginia e-Learning Backpack Initiative prior to fiscal year 2017 will be used in eligible schools for (1) the purchase of a laptop or tablet for a student reported in ninth grade fall membership, as well as (2) the purchase of two content creation packages for teachers per grant. This will ensure that laptops or tablets are included as allowable purchases, consistent with future year issuances. The amounts for such grants remains unchanged.

139 #4c State's Share of 2% Raise for Teachers in the 2016-18 Biennium

Provides funding for the state's share of a 2.0 percent compensation supplement, for SOQ instructional and support positions and Academic Year Governor's School instructional and support positions. The amount of state funding is calculated based on an effective date of February 15, 2018. School divisions have the flexibility to qualify for the funds if they certify that they have provided or will provide an increase of at least 2.0 percent at some point during the 2016-18 Biennium.

139 #6c Sales Tax Revenues - Purchase of Cigarettes for Resale - HB1913/SB1390

Adds a net total of $369,848 the second year from the general fund for additional sales tax revenues collected pursuant to and contingent on the passage of House Bill 1913 and Senate Bill 1390.

139 #8c Increase Lottery PPA

Provides $34.1 million the second year from the general fund to increase the Lottery Per Pupil Allocation (PPA), bringing the total up to $191.3 million in the second year, which is 35 percent of the total Lottery Proceeds Fund.) School divisions will be permitted to spend such funds on both recurring and nonrecurring expenses in a manner that best supports the needs of the schools divisions.

139 #9c Small School Division Enrollment Loss Fund

Provides $7.3 million the first year from the general fund to eligible small school divisions that have had a five percent or more decline in their average daily membership from 2011 to 2016 (applies to 42 jurisdictions).

139 #12c Project Graduation

Reduces funding for Project Graduation remedial education by half ($1.4M) with the intent to phase-out the program.

139 #13c Algebra Readiness Diagnostic

Allocates proportionate shares of a portion of the increased cost of the algebra readiness diagnostic assessment to each school division.

Item 478.30 #1c Revenue Cash Reserve

Sets aside $35,000,000 from the general fund the second year to establish a Revenue Cash Reserve to mitigate any potential revenue shortfalls that may arise during the remainder of the Biennium. This appropriation includes an amount, anticipated to be generated by the Virginia Tax Amnesty Program.

In addition, at the Reconvened Session and with a subsequent line item veto, the Governor restored $500,000 in funding in FY 2018 for the Cybersecurity Public Service Scholarship Program, as approved during the 2016 General Assembly; and authorized the Director, Department of Planning and Budget, to transfer associated appropriations and authorized positions supporting the federal Summer Food Service Program (SFSP) and the At-Risk Afterschool Meals Program component of the Child and Adult Care Feeding Program (CACFP) from the Virginia Department of Health to the Department of Education upon the execution of a memorandum-of-understanding between the two agencies and after coordination with the United States Department of Agriculture to ensure a seamless transition.

NOTE that by tradition, while the Senate does consider its own version of the budget bill SB 900 (Norment), only the House version goes forward for final passage.

Comparative Report of Local Government Revenues and Expenditures HB 2003 (Poindexter) requires the submittal of the comparative report by a locality to the Auditor of Public Accounts to include a notarized statement from the chief elected official and the chief administrative officer of the locality that the locality's audited financial report has been presented to the local governing body.

DRIVE SMART Virginia Education Fund HB 2015 (Villanueva) establishes a method by which holders of an account for an electronic toll collection device that is the property of the Commonwealth could make voluntary contributions through electronic means to the DRIVE SMART Virginia Education Fund (the Fund), also as created by the bill. The bill requires that contributions to the Fund be used solely for the purposes of supporting educational projects through DRIVE SMART Virginia focused on safe driving issues such as: work zone safety, sharing the road with bicyclists and pedestrians, teen driver safety, occupant protection, designated driving, and distracted road users.

Student/Teacher Ratios HB 2174 (Murphy) requires each school board to annually report to the public the actual pupil/teacher ratios in middle school and high school in the local school division by school for the current school year.

Teacher Compensation Goal HB 2332 (Tyler) defines, for the purpose of the stated goal of the Commonwealth for teacher compensation that its public school teachers be compensated at a rate that is competitive, the term "competitive" as, at a minimum, at or above the national average teacher compensation. NOTE that an identical bill, HB 2363 (Tyler), did not pass.

Virginia Information Technologies Agency; Procurement of Information Technology HB 2360 (Albo) requires the Chief Information Officer of the Virginia Information Technologies Agency to develop policies, standards, and guidelines that require that any contract for information technology entered into by the Commonwealth's executive, legislative, and judicial branches and independent agencies require compliance with applicable federal laws and regulations pertaining to information security and privacy. The bill applies to contracts for information technology entered into on or after July 1, 2017.

INSTRUCTION AND STANDARDS OF LEARNING - PASSED

Academic Credit for American Sign Language Courses HB 1512 (Bell, R.P.) requires each public institution of higher education to develop policies for counting credit received for successful completion of foreign language courses, including American Sign Language courses, either in a secondary school or another institution of higher education toward satisfaction of the foreign language entrance, placement, and course credit requirements of the public institution of higher education. The bill requires each public institution of higher education to count credit received for successful completion of American Sign Language courses at the institution toward satisfaction of its foreign language course credit requirements.

Certification of Driver Education Courses HB 1705 (Greason) provides that any licensed driver training school is authorized to provide the 90-minute parent/student driver education component in Planning District 8 (Northern Virginia) that is currently required in Planning District 8 public schools.

Commission on Civics Education HB 1718 (Anderson) and SB 840 (Marsden) rename the Commission on Civics Education as the Commission on Civic Education and extends the sunset for the Commission to July 1, 2019.

Computer Science Training and Professional Development for Teachers HB 1663 (Greason) and SB 1493 (McClellan) requires Northern Virginia Community College (i) in consultation with the Department of Education, to contract with a partner organization to develop, market, and implement high-quality and effective computer science training and professional development activities for public school teachers throughout the Commonwealth for the purpose of improving the computer science literacy of all public school students in the Commonwealth. The legislation also establishes an advisory committee for the purpose of advising the college and its partner organization on the development, marketing, and implementation of such training and professional development activities.

Driver Education Programs; Instruction Concerning Traffic Stops HB 2290 (Ward) requires each driver education program in the public school system to include instruction concerning traffic stops, including law-enforcement procedures for traffic stops, appropriate actions to be taken by drivers during traffic stops, and appropriate interactions with law-enforcement officers who initiate traffic stops. The bill requires the Board of Education to collaborate with the Department of State Police in implementing the changes to its driver education program.

Economics Education and Financial Literacy SB 1245 (Dunnavant) requires the Board of Education (Board), by July 1, 2018, to include evaluating the economic value of postsecondary studies, including the net cost of attendance, potential student loan debt, and potential earnings, in the Board's objectives for economics education and financial literacy.

Family Life Education; Curriculum Guidelines and Curricula SB 1475 (McClellan) makes changes to family life education curriculum guidelines and curricula, including requiring family life education curriculum guidelines to include instruction as appropriate for the age of the student in the value of family relationships and permitting the age-appropriate elements of effective and evidence-based programs on sexual violence that are required to be incorporated into any high school family life education curriculum offered by a local school division to include instruction that increases student awareness of the fact that consent is required before sexual activity.

High School Family Life Education Curricula; Elements of Effective and Evidence-Based Programs on Consent HB 2257 (Filler-Corn) provides that any high school family life education curriculum offered by a local school division may incorporate age-appropriate elements of effective and evidence-based programs on the law and meaning of consent.

Licensure Exemptions; Private Preschool and Nursery School Programs HB 1837 (Orrock) modifies licensure exemption requirements for certified preschool programs operated by a private school that is accredited by an organization recognized by the Board of Education. The bill eliminates the current list of accrediting associations from the licensure exemption language and provides a reference to the Code section that establishes the process for recognition of accrediting organizations by the Board of Education. The bill also removes certain licensure exemption requirements that such preschool and nursery school programs must meet and modifies others, including (i) increases the amount of time children may attend such programs per day from four hours to five hours, provided that no more than four hours of instructional time is provided per day; (ii) lowers the minimum age of children permitted to attend the programs from age four to age three; and (iii) requires that the school report to the Commissioner all incidents involving serious injury or death to children attending the school. The bill also empowers the Commissioner of Social Services to inspect such preschool programs to ensure compliance with applicable requirements, either annually or in response to a complaint, and requires such schools to report all incidents involving serious injury to or death of a child attending the school.

National Speech and Debate Education Day HJ 783 (Lopez) designates March 3, in 2018 and in each succeeding year, as National Speech and Debate Education Day in Virginia.

Virginia Board of Workforce Development HB 2106 (Byron) revises the composition of the Virginia Board of Workforce Development (Board) to conform to requirements of the federal Workforce Innovation and Opportunity Act (WIOA) including requiring one member to be a representative of a private career college. The measure also specifies that funding for a full-time Executive Director position provides by Title I of the WIOA and replaces a requirement that industry credentials that align with high-demand occupations include the Career Readiness Certificate with the requirement that such industry credentials include a credential that determines career readiness. The measure will not become effective if prior to July 1, 2017, the U.S. Department of Labor grants a waiver of the State Board membership composition requirements under the federal Workforce Innovation and Opportunity Act that permits the Board to continue with its current composition.

Virginia Driver's Manual Course; Age Requirements SB 1041 (Cosgrove) lowers from 19 to 18 the minimum age of persons who have failed the driver knowledge examination three times who are permitted to take the Virginia Driver's Manual course offered by a licensed and approved driver training school as a prerequisite of attempting the driver knowledge examination a fourth time.

INSTRUCTIONAL TECHNOLOGY - PASSED

Computer Trespass; Government Computers and Computers Used for Public Utilities HB 1815 (Yancey) increases the Class 1 misdemeanor computer trespass crimes to a Class 6 felony if the computer targeted is one that is exclusively for the use of, or used by or for, the Commonwealth, a local government within the Commonwealth, or certain public utilities.

Digital Certification of Government Records SB 1341 (Surovell) provides for the Secretary of the Commonwealth, in cooperation with the Virginia Information Technologies Agency, to develop standards for the use of digital signatures by government agencies on electronic records generated by such agencies. Such agencies may provide copies of digital records, via a website or upon request, and may charge a fee of $5 for each digitally certified copy of an electronic record. Any digitally certified record submitted to a court in the Commonwealth shall be deemed to be authenticated by the custodian of the record. The bill defines "agency" to include all state agencies and local government entities, including constitutional officers, except circuit court clerks.

Online Virginia Network Authority HB 2262 (Cox) establishes the Online Virginia Network Authority as a political subdivision in the Commonwealth. The Authority will coordinate the online delivery of courses that facilitate the completion of degrees at George Mason University and Old Dominion University.

School Service Providers; Student Access to Collected Personal Information SB 951 (Ruff) requires school service providers to provide, either directly to the student or his parent or through the school, access to an electronic copy of such student's personal information in a manner consistent with the functionality of the school service. The bill permits contracts between local school boards and school service providers to require that such electronic copy be in a machine-readable format.

PERSONNEL - PASSED

Advisory Board on Teacher Education and Licensure SB 1160 (Reeves) adds three legislative members, two of whom will be members of the House of Delegates appointed by the Speaker of the House of Delegates and one of whom will be a member of the Senate appointed by the Senate Committee on Rules, to the Advisory Board on Teacher Education and Licensure (Advisory Board).

Assistance With Student Insulin Pumps, Certain Public School Employees; SB 1116 (McPike) authorizes, but does not require, local school board employees who are registered nurses, licensed practical nurses, or certified nurse aides and who have been trained in the administration of insulin and glucagon to assist a student who is diagnosed with diabetes and who carries an insulin pump with the insertion or reinsertion of the pump or any of its parts, provided that assistance has been authorized by the prescriber and consented to by the student's parent.

Certification or Training in Emergency First Aid, Cardiopulmonary Resuscitation, and the Use of Automated External Defibrillators HB 1829 (Dudenhefer) specifies that the certification or training in emergency first aid, cardiopulmonary resuscitation, and the use of automated external defibrillators that is required of every person seeking initial licensure or renewal of a license as a teacher includes hands-on practice of the skills necessary to perform cardiopulmonary resuscitation. The requirement becomes effective on September 1, 2017.

Conflicts of Interest; School Board Employees HB 2354 (Rush) removes the prohibition against hiring a school division employee who is related to a member of the school board under certain circumstances for school divisions located in Planning District 4 (New River Valley).

Dyslexia Advisor HB 2395 (Cline) and SB 1516 (Black) require one reading specialist in any school division in which the local school board employs such a specialist to have training in the identification of and the appropriate interventions, accommodations, and teaching techniques for students with dyslexia or a related disorder and to have an understanding of the definition of dyslexia and a working knowledge of several topics relating to dyslexia.

Licensure Revocation of School Personnel; Investigation of Certain Complaints HB 2432 (Bulova) requires the Board of Education to include in its regulations governing the licensure of teachers and other school personnel procedures for the immediate and thorough investigation by the division superintendent or his designee of any complaint alleging that a license holder has engaged in conduct that may form the basis for the revocation of his license, including requirements for the division superintendent to petition for the revocation of the license upon completing such investigation and finding that there is reasonable cause to believe that the license holder has engaged in conduct that forms the basis for revocation of a license; the school board to proceed to a hearing on such petition for revocation within 90 days of the mailing of a copy of the petition to the license holder, unless the license holder requests the cancellation of his license in accordance with Board regulations; and the school board to provide a copy of the investigative file and such petition for revocation to the Superintendent of Public Instruction at the time that the hearing is scheduled. The bill clarifies that in the case of a teacher who is or becomes the subject of a founded complaint of child abuse and neglect, such teacher will be dismissed after all rights to any administrative appeal have been exhausted.

Policy of the Commonwealth Regarding the Employment of Individuals With Disabilities HB 2425 (Anderson) and SB 1530 (Vogel) provide that it is the policy of the Commonwealth to promote and increase the employment of individuals with disabilities To further this policy, the bill establishes a goal to increase by five percent the level of individuals with disabilities employed by state government by fiscal year 2023. The Secretary of Administration is designated to coordinate efforts to achieve the goal and requires the Secretary to establish a reporting system for tracking and reporting the progress of state agencies toward meeting the employment goals and to report annually on the number of individuals with disabilities employed by the state. The bills require each state agency to submit a plan to increase employment opportunities for individuals with disabilities to the Secretary no later than December 31, 2017, and each July 1 thereafter.

School Counselors; Licensure SB 1117 (McPike) requires every person seeking initial licensure or renewal of a license with an endorsement as a school counselor to complete training in the recognition of mental health disorder and behavioral distress, including depression, trauma, violence, youth suicide, and substance abuse.

Teacher Licensure by Reciprocity HB 2352 (Freitas) exempts from any professional teacher's assessment requirements any individual who has obtained a valid out-of-state license, with full credentials and without deficiencies, that is in force at the time the application for a Virginia license is received by the Department of Education, subject to the approval of the division superintendent or the school board in the school division in which such individual is employed. The bill requires the Department of Education to analyze the current requirements for teacher licensure by reciprocity in the Commonwealth, including the statutory and regulatory requirements for such licensure, and report its findings, including any recommendations for changes to such requirements, to the House Committee on Education and the Senate Committee on Education and Health no later than November 1, 2017.

Teacher Licensure Local Waivers for Career and Technical Education HB 1770 (Freitas) and SB 1583 (Sutterlein) permit each local school board or division superintendent to waive certain enumerated licensure requirements for any individual whom it seeks to employ as a career and technical education teacher and who is also seeking initial licensure or renewal of a license with an endorsement in the area of career and technical education.

Teacher Turnover Exit Questionnaire, Pilot HB 2140 (LeMunyon) and SB 1523 (Mason) require the Department of Education to develop and oversee a pilot program to administer across five geographically and demographically diverse school divisions the model exit questionnaire for teachers developed by the Superintendent of Public Instruction, analyze the results of each such questionnaire, and include such results and analysis in the Superintendent's annual report beginning in 2018. The bill requires the Department to administer such questionnaire to each teacher who ceases to be employed by the relevant school board for any reason and collect, maintain, and report on the results of each such questionnaire in a manner that ensures the confidentiality of each teacher's name and other personally identifying information.

RETIREMENT AND INSURANCE - PASSED

Health Benefit Plans; Coverage for Hormonal Contraceptives HB 2267 (Filler-Corn) requires any health benefit plan that is amended, renewed, or delivered on or after January 1, 2018, that provides coverage for hormonal contraceptives to cover up to a 12-month supply of hormonal contraceptives when dispensed or furnished at one time for a covered person or at a location licensed or otherwise authorized to dispense drugs or supplies. Such a plan will be prohibited, in the absence of clinical contraindications, from imposing utilization controls or other forms of medical management limiting the supply of hormonal contraceptives that will be dispensed or furnished by a provider or pharmacy, or at a location licensed or otherwise authorized to dispense drugs or supplies, to an amount that is less than a 12-month supply. The measure will not require a provider to prescribe, furnish, or dispense 12 months of self-administered hormonal contraceptives at one time. Also, the measure is not be construed to exclude coverage for hormonal contraceptives as prescribed by a provider for reasons other than contraceptive purposes, such as decreasing the risk of ovarian cancer or eliminating symptoms of menopause, or for contraception that is necessary to preserve the life or health of an enrollee.

Health Insurance; Proton Radiation Therapy Coverage Decisions HB 1656 (Yancey) prohibits health insurance policies and plans from holding proton radiation therapy to a higher standard of clinical evidence for benefit coverage decisions than is applied for other types of radiation therapy treatment. The measure apply to policies and plans that provide coverage for cancer therapy. The bill contains an emergency clause and became effective upon the Governor’s signature on March 3, 2017.

Health Insurance Reform Commission; Bureau of Insurance Assessment HB 2107 (Byron) requires that the Chairman of the standing committee requesting that the Health Insurance Reform Commission (the Commission) assess a proposed mandated health insurance benefit or provider shall send a copy of such request to the Bureau of Insurance of the State Corporation Commission (the Bureau). The bill requires the Bureau to prepare an analysis of the proposed mandate upon receipt of the copy of the request. Current law requires the Commission to request the Bureau to prepare such assessment. The legislation also eliminates a sunset clause for the Health Insurance Reform Commission. The bill also repeals the July 1, 2017, sunset provision for the Health Insurance Reform Commission.

Virginia Retirement System; Stress Testing and Reporting Policies HB 1768 (Garrett) requires the Virginia Retirement System (VRS) to formally adopt stress testing and additional reporting policies. The bill requires VRS to analyze and regularly report on projections of benefit levels, pension costs, liabilities, and debt reduction under various scenarios; to provide a detailed online statement of investment policy and include investment performance data in certain timeframes up to 25 years; and to report investment performance and expenses such as carried interest fees.

Workers' Compensation; Employer's Lien; Third Party Actions HB 1659 (Habeeb) and SB 1175 (Chafin) require that any arbitration proceeding regarding an employer's right of subrogation to an employee's claim against a third party shall be limited solely to arbitrating the amount and validity of the employer's lien and does not affect the employee's rights in any way. Such arbitration will not be held unless any contested expenses remaining have been submitted to the Virginia Workers' Compensation Commission (the Commission) for a determination of their validity and the Commission has made such determination of validity prior to the commencement of the arbitration; prior to the commencement of such arbitration the employer has provided the injured employee and his attorney, if any, with an itemization of the expenses associated with the lien that is the subject of the arbitration; upon receipt of the itemization of the lien, the employee will have 21 days to provide a written objection to any expenses included in the lien to the employer, and if the employee does not do so any objections to the lien to be arbitrated shall be deemed waived; and the employer will have 14 days after receipt of the written objection to notify the employee of any contested expenses that the employer does not agree to remove from the lien, and if the employer does not do so any itemized expense objected to by the employee shall be deemed withdrawn and not included in the arbitration.

SCHOOL BOARD GOVERNANCE - PASSED

Arlington County School Board; Maximum Salary of Members HB 2306 (Hope) removes the $25,000 cap on the salary of certain members of the Arlington County School Board, thereby permitting each member of such school board to be paid a salary in accordance with the general procedures and limits that are applicable to elected school boards in the Commonwealth.

Board of Education Membership HB 2341 (Landes) requires at least two of the nine members of the Board of Education to represent business and industry in the private sector in the Commonwealth.

Commending Resolutions:

Commending the Chantilly High School baseball team HJ 558 (LeMunyon)
Commending the Chantilly High School boys' tennis team HJ 559 (LeMunyon)
Commending Cherry Run Elementary School HJ 1047 (Filler-Corn)
Commending Falls Church City Public Schools HJ 1044 (Simon)
Commending Glen Forest Elementary School HJ 1020 (Lopez)
Commending Herndon High School HJ 957 (Boysko)
Commending Lake Anne Elementary School HJ 792 (Plum)
Commending the McLean High School Band HJ 714 (Sullivan)
Commending the McLean High School Gymnastics Team HR 473 (Sullivan)
Commending Robinson Secondary School Wrestling Team HJ 1066 (Filler-Corn)
Commending the Thomas Jefferson High School for Science and Technology STEM All Stars HJ 1000 (Kory)
Commending the Westfield High School Boys' Basketball Team HJ 825 (LeMunyon)
Commending the Westfield High School Football Team HJ 826 (LeMunyon)

Gubernatorial Appointments to Boards; Membership and Terms HB 2285 (Cole) clarifies and correct the statutory requirements for the membership and terms of several boards. The bill also standardizes the term dates for several appointments to several boards, including the Virginia Board of Education, so that all terms begin on July 1 and end on June 30.

Home Instruction Students Participation in Advanced Placement and Preliminary SAT/National Merit Scholarship Qualifying Test Examinations HB 2355 (Pogge) and SB 1414 (Newman) require school boards to make Advanced Placement (AP), Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT), and PreACT examinations available to students receiving home instruction; to adopt written policies that specify the date by which such students will register to participate in such examinations; and to notify such students and their parents of such registration deadline and the availability of financial assistance to low-income and needy students to take such examinations.

Immunity of Persons; Defamation; Statements Regarding Matters of Public Concern Communicated to a Third Party; Statements Made at a public Hearing HB 1941 (Kilgore) and SB 1413 (Sturtevant) add defamation to the causes of action from which a citizen will be immune when making statements regarding matters of public concern to a third party or at a public hearing before the governing body of any locality or other political subdivision, or the boards, commissions, agencies, and authorities thereof, and other governing bodies of any local governmental entity. The bill further provides that the immunity would not apply to any statements made with actual or constructive knowledge that they are false, or with reckless disregard for whether they are false.

Legislative Review of Administrative Rules; Constitutional Amendment (first resolution) SJ 295 (Vogel) grants to the General Assembly the authority to review any administrative rule to ensure it is consistent with the legislative intent of the statute that the rule was written to interpret, prescribe, implement, or enforce. The amendment provides that after such review, the General Assembly may approve or reject, in whole or in part, any rule as provided by law and that the approval or rejection of a rule by the General Assembly shall not be subject to veto by the Governor. NOTE that a similar bill, SJ 311 (Carrico), did not pass.

Public Charter School Applications and Charter Agreements HB 2218 (Miyares) permits the Board of Education to communicate any Board finding relating to the rationale for the local school board's denial of a public charter school application or revocation of or failure to renew the charter agreement based on documentation submitted by the school board in any school division in which at least half of the schools receive funding pursuant to Title I, Part A of the Elementary and Secondary Education Act of 1965, as amended.

Report on the Condition and Needs of Public Education HB 2141 (LeMunyon) requires the Board of Education's annual report on the condition and needs of public education in the Commonwealth to include an explanation of the need to retain or maintain the frequency of any report that local school divisions are required to submit to the Board of Education or any other state agency; any recommendation for the elimination, reduction in frequency, or consolidation of such reports when such elimination, reduction in frequency, or consolidation will require an amendment to the laws of the Commonwealth; and a description of any other such report that the Board has eliminated, reduced in frequency, or consolidated.

School Board Members Who Engage in War Service or Are Called to Active Duty in the Armed Forces of the United States; Appointment of Acting School Board Members HB 1490 (Marshall, R. G.) requires each school board member who is relieved from the duties of his office by reason of engaging in the war service of the United States when called forth by the Governor or being called to active duty in the Armed Forces of the United States to submit to the school board a list of names of suitable persons to perform the duties of such office as acting school board member during the period in which the regular school board member is engaged in such war service or active duty, in which case the school board is required to consider appointing and may appoint an acting school board member from such list of names. If the school board does not make an appointment from such list, the school board shall notify the submitting member in writing of the rationale for its decision. The bill provides that during such period, the acting school board member shall be vested with all the powers, authority, rights, and duties of the regular school board member for whom he is acting.

State and Local Government Conflict of Interests Act, and the General Assembly Conflicts of Interests Act; Lobbyists Reporting Filing HB 1854 (Gilbert) and SB 1312 (Norment) make numerous changes to the laws governing lobbyist reporting, the conflict of interest acts, and the Virginia Conflict of Interest and Ethics Advisory Council (the Council), including (i) allowing the Secretary of the Commonwealth to suspend any penalty that could be assessed against a lobbyist's principal for failing to file the required disclosure if such failure is beyond the control of the principal; (ii) clarifying the procedures for terminating the services of a lobbyist; (iii) requiring that lobbyist registration forms be filed electronically; (iv) eliminating the requirement that a lobbyist list the names, addresses, and telephone numbers of all other lobbyists representing the same principal; (v) creating a separate statement for a lobbyist's principal to waive the principal signature requirement on the lobbyist disclosure form; (vi) granting the clerk of the local governing body or school board the same power as the Council to redact from any disclosure form released to the public any residential address, personal telephone number, or signature; (vii) eliminating the minimum duration of the mandatory refresher ethics orientation session for General Assembly members; (viii) allowing written informal advice from the Council to confer immunity from prosecution upon individuals acting in accordance with such advice; (ix) clarifying the Council's authority to grant extensions from the filing deadline and imposing a $250 civil penalty on agency heads or local clerks who fail to provide the disclosure forms to filers in a timely manner; (x) requiring lobbyists to provide a report of gifts made during a regular session of the General Assembly no later than three weeks after adjournment to legislators and certain executive branch officials who are required to file a session gift report; and (xi) directing that candidates for statewide office and the General Assembly are required to file a disclosure form with the State Board of Elections and candidates for a constitutional office are required to file a disclosure form with the local general registrar. The bill extends the filing deadline for disclosure forms from January 15 to February 1 and clarify the reporting period covered by the disclosure forms. The bill eliminates events open to individuals who share a common interest from the definition of a "widely attended event," attendance at which is not subject to the gift cap. The bill also exempts from the definition of a "gift" (a) gifts from a person's child-in-law; (b) gifts related to a person's volunteer service; (c) meals provided for attendance at an official meeting of the Commonwealth, its political subdivisions, or certain other entities; and (d) attendance at a reception or similar function. The bill exempts members of the judiciary from certain provisions governing prohibited gifts and prohibited personal interests in a transaction where such members are already subject to similar or greater prohibitions under the Canons of Judicial Conduct for the State of Virginia. The bill also clarifies that a legislator may have a personal interest in a contract with a government agency, not including a legislative branch agency, when the Virginia Public Procurement Act allows the award of such contract without competition. The bills further clarify the exceptions that allow state and local officers and employees who have a person interest in a transaction to participate in the transaction. The bill contains an emergency clause that applies to the changes described in clauses (x) and (xi) above, which means they became effective on April 26, 2017, the date the legislation was signed by the Governor.

State and Local Government Conflict of Interests Act; School Boards and School Board Employees HB 1727 (Ransone) provides that school divisions located in Planning District 17 (the Northern Neck) are not subject to the prohibition against hiring a school division employee who is related to a member of the school board under certain circumstances.

Virginia Freedom of Information Act (FOIA); Freedom of Information Advisory Council; Online Public Comment Form HB 2146 (LeMunyon) requires the Freedom of Information Advisory Council to develop an online public comment form to be posted on its official public government website to enable any requester to comment on the quality of assistance provided to the requester by a public body. The bill also requires all state public bodies subject to the provisions of FOIA and any county or city, and any town with a population of more than 250, to post a link on its official public government website to the online public comment form.

Virginia Freedom of Information Act (FOIA); Public Access to Meetings of Public Bodies HB 1540 (LeMunyon) revises FOIA's various open meeting exemptions relating to legal matters, litigation, certain museums, and the Virginia Commonwealth University Health System Authority. The bill also clarifies where meeting notices and minutes are to be posted, requires copies of proposed agendas to be made available, eliminates reporting to the Joint Commission on Science and Technology when a state public body convenes an electronic communication meeting, and makes technical corrections to several open meeting exemptions to provide context for those meeting exemptions that currently only cross-reference corollary records exemptions. The bill also clarifies closed meeting procedures. This bill is the result of a multi-year study conducted by the Freedom of Information Advisory Council pursuant to the HJR 96 FOIA study (2014-2016).

Virginia Freedom of Information Act (FOIA); Public Access to Records of Public Bodies HB 1539 (LeMunyon) clarifies the definition of public record. The bill also defines "personal contact information" that is excluded from FOIA's mandatory disclosure provisions in certain cases; clarifies that a requester has the right to inspect records or receive copies at his option; clarifies language in certain record exclusions under FOIA that certain records will be disclosed at the discretion of the custodian; consolidates the personnel record exclusion with the limitation on the application of that exclusion, and specifically clarifies that the name, in addition to position, job classification, and salary, of a public employee is public information as per opinions of the Attorney General and the FOIA Council; will eliminate, effective July 1, 2018, the exclusion for the Alcoholic Beverage Control Authority relating to operating and marketing strategies; eliminates the exclusion for correspondence of local officials as unnecessary; consolidates various public safety exclusions relating to building plans and drawings and critical infrastructure into a single exclusion; eliminates the exclusion for administrative investigations of the Department of Human Resource Management, as the exclusion is already covered under the personnel records exclusion; expands the exclusion for personal information provided to the Virginia College Savings Plan to cover qualified beneficiaries, designated survivors, and authorized individuals, which terms are defined in the bill; consolidates the various record exclusions for the Department of Health Professions and the Department of Health into single exclusions for each Department; clarifies certain Department of Social Services exclusions; provides an exclusion for local finance boards that provide postemployment benefits other than pensions; and eliminates the record exclusion for Virginia Wildlife Magazine. The bill also limits the application of the working papers exemption by stating that information publicly available or not otherwise subject to an exclusion under FOIA or other provision of law that has been aggregated, combined, or changed in format but does not contain a material revision to such information will not be deemed working papers. This bill is the result of a multi-year study conducted by the Freedom of Information Advisory Council pursuant to the HJR 96 FOIA study (2014-2016).

Virginia Freedom of Information Act; Record and Meeting Exclusions for Multidisciplinary Child Abuse Teams HB 1971 (Massie) excludes the records of a multidisciplinary team as they relate to individual child abuse or neglect cases or sex offenses involving a child from mandatory disclosure under the Virginia Freedom of Information Act. The bill also provides an exemption from open meeting requirements to such teams and sexual assault response teams.

Virginia Freedom of Information Act (FOIA); Record Exclusion for Personal Contact Information SB 1040 (Hanger) provides that personal contact information provided to a public body for the purpose of receiving electronic mail from the public body is excluded from the mandatory disclosure provisions of FOIA, provided that the electronic mail recipient has requested that the public body not disclose such information. The bill defines "personal contact information" as the home or business address, email address, or telephone number or comparable number assigned to any other electronic communication device.

Virginia Freedom of Information Act (FOIA); Training HB 2143 (LeMunyon) requires the Freedom of Information Advisory Council to maintain on its website a listing of all FOIA officers, including name, contact information, and the name of the public body such FOIA officers serve. The bill requires the name and contact information of FOIA officers trained by legal counsel of a public body to be submitted to the Council by July 1 of each year on a form developed by the Council for that purpose and to be updated in a timely manner in the event of any changes to such information. The bill also provides that training through an online course offered by the Council will satisfy the annual training requirement for FOIA officers.

SPECIAL SERVICES - PASSED

Administration of Medications to Treat Adrenal Crisis HB 1661 (Greason) provides that a prescriber may authorize an employee of a school board, a school for students with disabilities, or an accredited private school who is trained in the administration of injected medications for the treatment of adrenal crisis resulting from a condition causing adrenal insufficiency to administer such medications to a student diagnosed with a condition causing adrenal insufficiency when the student is believed to be experiencing or about to experience an adrenal crisis pursuant to a written order or standing protocol issued within the course of the prescriber's professional practice and with the consent of the student's parents and provides that an employee of a school board, a school for students with disabilities, or an accredited private school who is trained in the administration of injected medications for the treatment of adrenal crisis resulting from a condition causing adrenal insufficiency who administers or assists in the administration of such medications to a student diagnosed with a condition causing adrenal insufficiency when the student is believed to be experiencing or about to experience an adrenal crisis in accordance with the prescriber's instructions shall not be liable for any civil damages for ordinary negligence in acts or omissions resulting from the rendering of such treatment.

Certification or Training in Emergency First Aid, Cardiopulmonary Resuscitation, and the Use of Automated External Defibrillators HB 1829 (Dudenhefer) specifies that the certification or training in emergency first aid, cardiopulmonary resuscitation, and the use of automated external defibrillators that is required of every person seeking initial licensure or renewal of a license as a teacher shall include hands-on practice of the skills necessary to perform cardiopulmonary resuscitation. The new requirement becomes effective September 1, 2017.

Comprehensive Community Colleges; Academic Credit HB 1592 (James) and SB 999 (Ruff) require the State Board for Community Colleges to require each comprehensive community college to develop policies and procedures for awarding academic credit to enrolled students who have successfully completed a state-approved registered apprenticeship credential.

Dual Enrollment Courses HB 1662 (Greason) and SB 1534 (Sturtevant) require the State Council of Higher Education for Virginia (SCHEV), in consultation with each public institution of higher education, to establish a policy for granting undergraduate general education course credit to any entering freshman student who has successfully completed a dual enrollment course. These bills require SCHEV and each public institution of higher education to make the policy available to the public on their websites.

Dyslexia Advisor HB 2395 (Cline) and SB 1516 (Black) require one reading specialist in any school division in which the local school board employs such a specialist to have training in the identification of and the appropriate interventions, accommodations, and teaching techniques for students with dyslexia or a related disorder and to serve as an advisor on dyslexia and related disorders and to have an understanding of the definition of dyslexia and a working knowledge of several topics relating to dyslexia.

National Suicide Prevention Week HJ 548 (Bell, R.P.) and SJ 251 (Hanger) designate the week of September 10, in 2017 and in each succeeding year, as National Suicide Prevention Week in Virginia.

Persons With Developmental Disabilities; Terminology HB 1775 (Hodges) corrects numerous sections of the Code of Virginia by replacing the term "intellectual disability" with "developmental disabilities" as appropriate.

Sight and Hearing Testing of Public School Students; Exception HB 1437 (Head) excludes from the requirement that the sight and hearing of public school students be tested any student who has an Individualized Education Program or a Section 504 Plan that documents a defect of vision or hearing or a disease of the eyes or ears when the principal determines that such a test would not identify any previously unknown defect of vision or hearing or a disease of the eyes or ears.

State Council of Higher Education for Virginia; Collection and Publication of Wage Data and the Virginia Longitudinal Data System HB 1664 (Greason) authorizes the State Council of Higher Education for Virginia (Council) to publish data on the proportion of graduates of each public institution of higher education and each nonprofit private institution of higher education eligible to participate in the Tuition Assistance Grant Program who are employed at 18 months and five years after the date of graduation. The bill directs that the data include the program and the program level, as recognized by the Council, for each degree awarded by each institution; the percentage of graduates known to be employed in the Commonwealth; the average salary and the average higher education-related debt for the graduates on which the data is based; rates of enrollment in remedial coursework for each institution; individual student credit accumulation for each institution; rates of postsecondary degree completion; and any other information that the Council determines is necessary to address adequate preparation for success in postsecondary education and alignment between secondary and postsecondary education. The bill requires each such institution of higher education to provide a link to such published postsecondary education and employment data. The Council is also required to administer the Virginia Longitudinal Data System as a multiagency partnership for the purposes of developing educational, health, social service, and employment outcome data; improving the efficacy of state services; and aiding decision making.

Student Vision Screenings HB 1408 (Ware) requires (i) the principal of each public elementary school to cause the vision of students in kindergarten and grade two or grade three to be tested, unless such students are admitted for the first time to a public elementary school and produce a written record of a comprehensive eye examination performed within the preceding 24 months or the parents or guardians of such students object on religious grounds, and (ii) requires the principal of each public middle school and high school to cause the vision of students in grade seven and grade 10 to be tested, unless such students produce a written record of a comprehensive eye examination performed within the preceding 24 months or the parents or guardians of such students object on religious grounds. Any such screenings could be conducted by a qualified nonprofit vision health organization that uses a digital photoscreening method pursuant to a comprehensive vision program or other methods that comply with Department of Education requirements. Notwithstanding any other provision of law, the bill specifies that such screenings may be conducted at any time during the school year; however, the scheduling of such screenings must be completed no later than the sixtieth administrative working day of the school year. The bill defines "qualified nonprofit vision health organization" and "comprehensive vision program." Under current law, the timing and frequency of such vision screenings is determined by the Board of Education pursuant to regulations, and the method and provider of such vision screenings is determined by the local school board.

Substance Abuse, Virginia Foundation for Healthy Youth HB 1751 (O’Bannon) and SB 1050 (Edwards) expand the mission of the Virginia Foundation for Healthy Youth to include the reduction and prevention of substance use by youth in the Commonwealth.

Suicide Prevention HB 2258 (Filler-Corn) directs the Department of Behavioral Health and Developmental Services to report to the Governor and the General Assembly on its activities related to suicide prevention across the lifespan by December 1, 2017.

STANDARDS OF QUALITY/STANDARDS OF ACCREDITATION – PASSED

Career and Technical Education Credential; Armed Services Vocational Aptitude Battery SB 1159 (Reeves) provides that the career and technical education credential, when required for high school graduation, adult education, or an alternative education plan, will be satisfied with the successful completion of the Armed Services Vocational Aptitude Battery. Under current law, the successful completion of an industry certification, a state licensure examination, a national occupational competency assessment, or the Virginia workplace readiness skills assessment satisfy such credential.

Career and Technical Education Programs; Student and Parent Notification HB 1552 (Bulova) requires each local school board to implement a plan to notify students and their parents of the availability of career and technical education programs and to include annual notice on its website to enrolled high school students and their parents of the opportunity for such students to obtain a nationally recognized career readiness certificate at a local public high school, comprehensive community college, or workforce center.

Graduation Requirements; Verified Units of Credit; PSAT/NSMQT and PreACT HB 1982 (Greason) requires the Board of Education, in establishing graduation requirements, to provide for the award of verified units of credit for a satisfactory score, as determined by the Board of Education, on the Preliminary ACT (PreACT) or Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT) examination.

School Divisions of Innovation HB 1981 (Greason) requires the Board of Education to promulgate regulations for the designation of School Divisions of Innovation in which the local school board in the local school division so designated shall, pursuant to a plan of innovation, be exempted from certain regulatory provisions and be permitted to adopt alternative policies for school administrators, teachers, and staff to meet the diverse needs of students and to improve student learning; educational performance; and college, career, and citizenship readiness skills in the local school division or any portion thereof.

Standards for Accreditation; Accreditation Process SB 1098 (Newman) requires that the regulations establishing standards for accreditation adopted by the Board of Education ensure that the accreditation process is transparent and based on objective measurements and that any appeal of the accreditation status of a school is heard and decided by the Board.

Standards of Learning Assessments; Partial Credit HB 1414 (Austin) requires the Department of Education to collaborate with the existing educational advisory committees in the Commonwealth that advise on student assessments to review multipart Standards of Learning assessment questions and determine the feasibility of awarding students partial credit for correct answers on one or more parts of such questions. The bill requires the Department to report its determination to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health by November 1, 2017 and prohibits the Department from taking action regarding the awarding of partial credit prior to the 2018 Session of the General Assembly.

STUDENT ACTIVITIES - PASSED

--NONE--

STUDENT TESTING - PASSED

Career and Technical Education Credential; Armed Services Vocational Aptitude Battery SB 1159 (Reeves) provides that the career and technical education credential, when required for high school graduation, adult education, or an alternative education plan, may be satisfied with the successful completion of the Armed Services Vocational Aptitude Battery. Under current law, the successful completion of an industry certification, a state licensure examination, a national occupational competency assessment, or the Virginia workplace readiness skills assessment satisfy such credential.

TAXATION – PASSED

County Food and Beverage Tax; Referendum SB 1296 (Vogel) prohibits a county from holding a new referendum on the levy of a food and beverage tax in the three calendar years subsequent to its electoral defeat, but only if such referendum is initiated by a resolution of the board of supervisors. The bill also requires the ballot for any such referendum to state the total tax, as a percentage, that will be imposed on food and beverage if the referendum were to pass, based upon a four percent food and beverage tax and any other ad valorem taxes applicable to the purchase of prepared food and beverage in the county.

Neighborhood Assistance Act Tax Credit HB 1433 (Farrell) modifies the requirement that at least 10 percent of all available tax credits be allocated to organizations that have not previously received tax credits by providing that the allocation for such organizations is required only if the General Assembly increases the amount of available credits year over year. The bill requires that the allocation be at least 10 percent of credits created by the increase rather than 10 percent of all available credits. Current law limits credits to $9 million for education proposals approved by the Superintendent of Public Instruction and $8 million for proposals approved by the Commissioner of Social Services. NOTE the Governor added an emergency clause to this bill, so it became effective upon his signature on February 23, 2017.

Neighborhood Assistance Act Tax Credits; Allocation of Credits SB 1165 (DeSteph) requires the Commissioner of Social Services and the Superintendent of Public Instruction to consider, in allocating credits under the Neighborhood Assistance Act tax credit program, the past performance of organizations requesting credits, pursuant to accountability measures established in regulations and guidelines.

Neighborhood Assistance Act Tax Credits; Board of Education HB 1838 (Orrock) requires any neighborhood organization submitting a proposal to the Superintendent of Public Instruction for an allocation of tax credits for the program year beginning July 1, 2017 to include with its proposal a list of all localities in the Commonwealth in which the neighborhood organization provided services during the program year beginning July 1, 2016. Requires the Department of Education to aggregate and report on this information no later than December 1, 2017.

Sales and Use Tax Exemption; Certain Textbooks and Other Educational Materials HB 2377 (Freitas) extends the sunset date from July 1, 2017, to July 1, 2022, for the sales and use tax exemption for textbooks and other educational materials that are withdrawn from inventory at book-publishing distribution facilities for free distribution to professors and other individuals who have an educational focus.

Sales and Use Tax Exemptions; Qualifying Items Including School Supplies HB 1529 (Ward) and SB 1018 (Barker) extend from July 1, 2017, to July 1, 2022, the sunset dates for the sales tax holiday periods for school supplies and clothing, Energy Star and WaterSense products, and hurricane preparedness products.

2017 General Assembly Summary

Updated May 8, 2017

Related Pages

2017 General Assembly Comprehensive Report

2018 General Assembly Approved Bill Report

2018 General Assembly Session

2024 General Assembly Session

2022 General Assembly Session

2024 General Assembly Final Bill report