Work Session

The Board’s work session included a presentation on the benefits of diverse schools as well as presentations and follow-up items from the Board’s July work session related to school funding and the budget. Copies of the presentations and reading materials are available on the Board’s webpage at http://www.doe.virginia.gov/boe/meetings/index.shtml#worksession.

Dr. Genevieve Siegel-Hawley presented on the benefits of diverse schools and how to achieve them. Her presentation included the context for school integration and the social science case for school integration as well as policy options, attitudes and policy levers for school integration. Dr. Siegel-Hawley’s research has found that socially diverse schools and classrooms nurture critical and creating thinking, promotes equity of opportunity and collaboration and communication across racial lines, and helps close the achievement gap and improve student achievement. Policy options include magnet schools, managed school choice, and inclusionary housing policy. Dr. Siegel-Hawley shared the connections between school policy and housing policy. Other policy levers for integrating schools include convening stakeholders, issuing guidance or utilizing the bully pulpit. Discussion items on this subject from Board members included the potential impact of diverse staff, the need for meaningful community buy-in, and whether/how to hold schools accountable for diversity.

The Committee received an overview of Virginia’s Public Education Funding System, which included a review of the mechanics of funding formulas and possible entry points to drive additional funding based on student needs to ensure educational equity. During discussion, the Board requested more information on:

• Required local effort and required local match
• Per pupil amounts by divisions for FY ’19 for each SOQ account
• Total inflation-adjusted Basic Aid distributions from FY’07 to FY’18
• Per-pupil expenditures by LCI tier and source, including federal dollars

The Board also received an update on the Every Student Succeeds Act (ESSA) School Level Expenditure and Reporting Requirements. ESSA states that the state education agency must report the “per-pupil expenditures of federal, state and local funds, including actual personnel expenditures and actual non-personnel expenditures of federal, state, and local funds, disaggregated by source of funds, for each local educational agency and each school in the state for the preceding fiscal year.”

VDOE staff has taken several steps to ensure implementation including:

• Participating with other states in national Financial Transparency Working Group convened by CCSSO;
• Conducting survey of divisions to assess capacity;
• Publishing chart of accounts and business rules for school-level expenditures collection for FY19;
• Partnering with VASBO in development of business rules for school-level collection; and
• Stakeholder communications to encourage appropriate local data interpretation and utilization critical going forward.

The first school-level expenditure data collection in Virginia will be for the fiscal year 2019 reporting period. Per-pupil expenditure calculations must be published annually by June 30, 2020.  Board discussion included encouragement for the Department to think further about separating state and local funding in the school level expenditures report. 

The Board received a presentation on ESSA Resource Allocation Review requirements. Section 1111 (d)(3)(A)(ii) of ESSA states that state education agencies must, “. . periodically review resource allocation to support school improvement in each local educational agency in the State serving— (I) a significant number of schools identified for comprehensive support and improvement . . and (II) a significant number of schools implementing targeted support and improvement plans . . .” 

To all schools that submit an application for school improvement grant funds, the Office of School Improvement provides:

• Technical assistance on conducting a needs assessment and using the results to develop the School Improvement Grant application;
• Technical assistance to local divisions regarding initial alignment, use, and processing of SIG funds in the VDOE’s financial management system to ensure that resources are appropriately aligned to the school’s approved application;
• Technical assistance to local divisions regarding initial alignment, use, and processing of SIG funds in the VDOE’s financial management system to ensure that resources are appropriately aligned to the school’s approved application; and
• Review, approve, and track local division expenditures via the VDOE financial management system; send mid-year and end-of-year grant spend-down notifications to the local division.

For local divisions that have a significant number of schools that are identified as comprehensive support and improvement or targeted support and improvement, the office of school improvement will:

• Provide one-to-one technical assistance to local divisions upon request/as needed; and
• Conduct asset mapping evaluations and their use in schools with an identified need as part of periodically reviewing resource allocation.

Committee on Evidence-based Policymaking

The Committee received a presentation from Leah Walker, Community and Minority Affairs Liaison on equity and a student perspective panel discussion from members of Girls for a Change. The committee agreed to advance strategic goals with a narrow focus around teacher quality and all student quality access. In addition to gathering research and perspectives from experts in the field, the committee is moving forward to recommendations to advance strategic priorities around these areas.  Based on the meeting, it was proposed that the committee host a half-day work session in October to begin drafting recommendations.

Business Meeting

Proposed Changes to the Board of Education Approved Courses to Satisfy Graduation Requirements for the Standard, Advanced Studies, and Modified Standard Diplomas in Virginia Public Schools for World Languages

This item was removed from the Board’s agenda.  It is anticipated that it will be taken up at the Board’s October meeting.

Autism Training for Transportation Providers

The Board approved online autism training modules for transportation providers in response to Senate Bill 229 as passed during the 2018 General Assembly Session.  The Department, through the Virginia Commonwealth University Autism Center for Excellence (VCU-ACE) developed online training modules to meet the requirements outlined in §22.1-298.3 of the Code of Virginia. The 2017 General Assembly Autism Advisory Council had determined that since school transportation providers have daily contact with children with autism, they should have training to effectively interact with them and other professionals to maintain a safe environment while children are being transported.

Revisions to the Regulations Governing Pupil Transportation (8VAC20-70-350)

The Board of Education approved revisions to the Regulations Governing Pupil Transportation (8VAC20-70-350) to conform to various legislation that passed during the 2018 Session.  Changes required by SB 229 are related to autism training for transportation providers, as described in an earlier agenda item.  Changes required by SB 557 and HB 810 require any school bus operator applicant who does not possess a commercial driver's license to receive (i) a minimum of 24 hours of classroom training and (ii) six hours of behind-the-wheel training on a school bus that contains no pupil passengers and requires any school bus operator applicant who possesses a commercial driver's license to receive (a) a minimum of four hours of classroom training and (b) three hours of behind-the-wheel training on a school bus that contains no pupil passengers. Previous law left the setting of such hourly training requirements to the Board of Education, so Board regulations had to be updated with the new requirements.

Addition of Special Permission Credit Accommodations to the Guidelines for Standard Diploma Credit Accommodations for Student with Disabilities

The Board approved the addition of special permission credit accommodations to the guidelines for standard diploma credit accommodations for students with disabilities.  The accommodations were developed as a response to feedback received by VDOE from the United States Department of Education’s Peer Review Process on State Assessments that the Virginia Substitute Evaluation Program (VSEP) would no longer be permissible for use in Virginia’s federal accountability system.  Special Permission Credit Accommodations are intended to provide those students with disabilities who previously might have used the VSEP with a pathway to earn the necessary locally awarded verified credits to obtain a standard diploma.

The special permission credit accommodation permits local school boards to award locally awarded verified credits in reading, writing, mathematics, science and history, to certain students with disabilities based on the following eligibility criteria.  A student must:

• have passed the high school course based on a non-modified curriculum,
• have scored below 375 on the SOL test,
• have a documented disability that presents a unique or significant challenge to the degree that the student is unable to demonstrate knowledge of the course content on the SOL test using available accommodations, and
• demonstrate achievement in the academic content through an appeal process administered at the local level.

The decision to consider a special permission credit accommodation should be made through the IEP and/or 504 review process.  School divisions must submit a Special Permission Credit Accommodation Form to the Virginia Department of Education (VDOE) for each student being considered for a locally awarded verified credit with an SOL scaled score below 375.  Documentation regarding the disability that prevents the student from fully demonstrating their knowledge of the course content on the SOL test even with accommodations must be included on the form. This documentation should include evidence of the use or consideration of other credit accommodations and other substitute assessment options. VDOE staff will review the submitted documentation and will return forms that do not meet the requirements included in these guidelines to the school division for additional work.

Board discussion of the agenda item included clarifications that the accommodations outlined in the guidelines would be retroactive to the testing that occurred in spring 2018, but that further consideration would need to be given on how to best implement for students who have exited or already graduated. It was also clarified that each local division, with their school board’s approval, would develop a policy to verify the credit in which the student has achieved.

Note that a parent from Fairfax testified in favor of the credit accommodations during the public comment period.

Proposed Procedural Guidelines for Conducting Licensure Hearings

Due to a Board member absence, consideration of this item was postponed to the Board’s October meeting. 

Guidelines for the Use of Local Performance Assessments to Verify Credits in Writing

The Board approved the Guidelines for the Use of Local Performance Assessment in Verifying Credits in Writing.  The 2017 Standards of Accreditation at 8VAC20-131-110 B5 permit local school divisions to award a verified credit in writing to a student who “meets the criteria for the receipt of a verified credit in English (writing) by demonstrating mastery of the content of the associated course on an authentic performance assessment, that complies with guidelines adopted by the board.”  The Guidelines for the Use of Local Performance Assessment in Verifying Credits in Writing provide guidance to school divisions that choose to use local performance assessments to verify credits in writing to meet the graduation requirements for a standard or advanced studies diploma.

An appendix to the agenda item includes a listing of writing tasks that could be used as part of the body of evidence required for a verified credit in writing and can be found at: http://www.doe.virginia.gov/boe/meetings/2018/09-sep/item-h.docx

Proposed Amendments to the Regulations Establishing Standards for Accrediting Public Schools in Virginia (8VAC20-131) to Comport with Legislation Passed by the General Assembly under the Fast Track Provisions of the Administrative Process Act
The Board accepted for first review fast track regulatory actions to address legislation that was approved by the General Assembly during the 2018 Session and 2018 Special Session I.  The following legislation included provisions requiring Board action:

• HB 167 (Miyares) requires the Board of Education to establish criteria for awarding a diploma seal for science, technology, engineering, and mathematics (STEM).
• HB 329 (Yancey) permits students to exceed a full course load in order to participate in courses offered by an institution of higher education that lead to a degree, certificate, or credential at the institution.
• HB 1419 (Delaney) and SB 273 (Petersen) permit unstructured recreational time to be included in the calculation of required instructional time for elementary schools, provided that the unstructured recreational time does not exceed 15 percent of total instructional time.  The bill also reduces the minimum required instructional time in elementary schools for English, mathematics, science, and history and social science.
• Item 130.D of the 2018 Appropriation Act prohibits verified credit in history and social studies from being awarded using a performance-based assessment.  This legislation also provides that the only way to earn a verified credit in history and social science is through successfully completing: (i) a Standards of Learning assessment; (ii) a substitute test that incorporates or exceeds the course content; or (iii) a locally awarded verified credit.

The following are the proposed amendments to the Standards of Accreditation intended to implement changes from the above listed legislation:

Upon Board approval, the proposed regulations will follow the fast-track rulemaking requirements of the Administrative Process Act (APA).  Section 2.2-4012.1 of the Code of Virginia provides that the fast-track rulemaking process may be followed for rules that are expected to be noncontroversial or that are required pursuant to General Assembly action.  The fast-track regulation is submitted for executive branch review, then published in the Virginia Register of Regulations and posted on the Virginia Regulatory Town Hall, along with an agency statement setting out the reasons for using the fast-track rulemaking process.
 

Request to Withhold Accreditation from George Washington Carver elementary School in Richmond City

The Board waived first review and withheld accreditation for the 2018-2019 year for George Washington Carver Elementary School in Richmond City, based on the unavailability of valid test scores and the authority provided to the Board in the Regulations Establishing Standards for Accrediting Public Schools in Virginia. In spring 2018 serious irregularities during the Standards of Learning (SOL) test administration were reported at George Washington Carver Elementary School in Richmond City.  Based on statements from Carver Elementary School students and staff and a review of the school’s student assessment data, the Virginia Department of Education (VDOE) concluded that inappropriate assistance was provided to a significant and undetermined number of Carver Elementary School students during the Spring 2018 Test Administration.  Parents were offered the opportunity for their students to retest under the observation of VDOE staff. However, a significant number of parents refused to permit their students to participate in the retesting, resulting in only a small number of valid test scores.  The available valid test results are insufficient to calculate an accreditation rating for the school.

Reports

The Board received the State Special Education Advisory Committee (SSEAC) 2017-2018 Annual Report