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Virginia Board of Education Meeting Summary

7-24/25-2019

 

Committee on the Standards of Quality

The Committee discussed proposed changes to the draft amendment to the Standards of Quality as discussed by the Board on April 24 and June 19.  The changes recommended by staff are based on feedback received from the Board, stakeholders, and public comments, and the Board continues to encourage public feedback on their proposals.  The draft will be in front of the Board at their regular Thursday meeting for first review, with a goal of final adoption by either the Board’s September or October meeting.

The following details the current status of all Board SOQ recommendations, including any proposed changes at this meeting and the rationale for such changes. Note that all the provided cost estimates detail only the costs to the state, and do not include any potential costs to localities for implementation above and beyond provided state funding.

 

 

Targeted Compensation Adjustments

  • Qualifying school metric amended to percent of students eligible for free lunch
  • Established compensation adjustment bands to provide two bands of compensation adjustments:
    • Schools with 55-69% of students eligible for free lunch: approx. $6,000 adjustment
    • Schools with 70% or more students eligible for free lunch: approx. $12,000 adjustment
  • Adjustment remains with teacher provided the teacher remains in qualifying school and is rated proficient or above.
  • Amends expectation for equitable distribution of staff by consistently referring to “highly effective” teachers instead of “high quality” or “high performing” teachers

Estimated cost 69.9 million/year

 

Rationale for proposed changes:

  • Free lunch metric is consistently used throughout state funding formulas. 
  • Original proposal created a compensation “cliff” where no compensation adjustment was provided in schools with moderate poverty.  Establishing bands reduces this impact.
  • “Highly effective” is the preferred term.

At Risk Add On Programs

  • Requires Add-On to be used to fund additional staff positions, except for schools with 55% or more students eligible for free lunch.  In those schools, funds may be used for additional student support positions or for hiring and retention incentives.
  • Corrected formula to apply the Add-On multiplier to only free lunch eligible students
  • Expanded Add-on range from 1%-16% to up to 40%

Estimated range of costs: $4.92 million to $77.45 million/year in additional state funds

 

Rationale:

  • Incentivizes deployment of funds in the highest poverty schools by providing flexibility of permissible uses in those schools
  • Corrected formula and increased Add-On range directs funding to the divisions with the most poverty

Teacher Leaders and Teacher Mentors

  • Consolidates Teacher Leader and Teacher Mentor proposals
  • Removes expectation for teacher leaders to evaluate other teachers
  • Establishes non-teaching positions, which may be deployed as full time or part time positions shared among several teachers to provide leader and mentor functions.
    • For every 15 first- and second-year teachers, one position
    • For every 25 teachers with three or more years of experience, one position
  • Provides each first- and second-year teacher with one hour of release time weekly to collaborate with mentor
  • Establishes Board’s authority to issue guidelines for leadership programs.
  • Compensation adjustment for these positions would be about $10,000 per FTE

Estimated cost: $106.3 million/year in additional state funds.  Does not include funding for substitute teachers to provide release time for mentees (pending)

 

Rationale:

  • Revised ratios provide local flexibility to determine model of leader and mentor programs, subject to Board’ guidelines.  These ratios are based on best practices for mentorship and programs implemented in other states.
  • Removes teacher evaluation component for teacher leaders to ensure the position functions as a peer-to-peer leader and to comply with Board’s existing requirements for evaluators

 

English Learner (EL) Teachers

  • Technical amendment to provide EL staffing at 1:58 for students that were not tested previously

Estimated cost: $26.7 million/year

 

Rationale:

Without the technical amendment, no staffing would have been provided for these EL students

 

Specialized Student Support Personnel

  • Provides additional flexibility in credentialing requirements, by permitting “licensed school health and behavioral positions” to be deployed to meet the ratio.
  • Permits these positions to be contracted rather than directly employed by the school division.

Preliminary estimated cost: $100+ million/year

 

Rationale

  • Some areas of the state, especially rural areas, are unable to recruit registered nurses, licensed school psychologists, or licensed social workers.  Other credentialed positions could be used to fill these positions, such as LPNs, behavioral specialists, etc.
  • Many school divisions contract out school nurse services or behavioral health services to the local health department or CSB.

 

Reading Specialists (New in July)

  • Shifts the K-3 Early Reading Intervention Program into the Standards of Quality, and:
  • Expands it to encompass grades 4 and 5
  • Requires the funds to be used to employ reading specialists.  Currently the funds may be used for several reading intervention programs.
  • Amends the metric used to distribute funds from the PALS diagnostic to the third-grade reading test

Estimated cost: $36.6 million/year in additional state funds

 

Work Based Learning Coordinators (New in July)

  • Establishes a unit at VDOE to cultivate and maintain statewide and regional business partnerships to provide work based learning opportunities

Estimated cost: $1.24 million/year

 

Class Size Reduction (New in July)

  • Moves the K-3 class size reduction program into the Standards of Quality and expands it to include grades 4-6.

Estimated cost: $213.8 million/year

 

Principal Mentorship (New in July)

  • Establishes a unit at VDOE to coordinate a network of trained principal mentors

Estimated cost: $1.24 million/year

 

The following proposals remain unchanged from the Board’s last meeting:

 

School Counselors

  • Reaffirm the Board of Education’s 2016 recommendation to provide one-full time school counselor for every 250 students.

Estimated cost: $88.2 million/year

 

Elementary School Principals

  • Reaffirm the Board of Education’s 2016 recommendation to provide one-full time principal in every school.

Estimated cost: $7.9 million/year

 

Assistant Principals

  • Reaffirm the Board of Education’s 2016 recommendation to provide one full-time assistant principal for each 400 students.

Estimated cost: $83.9 million/year

 

Recession-Era Savings and Flexibility Strategies

  • Reaffirm the Board of Education’s 2016 recommendation to eliminate the measures that were implemented during the recession: the “support position cap” and the temporary flexibility language waiving certain staffing requirements.

Estimated cost: $371.6 million/year

 

Improve Available Data about Prevailing Practices

  • Enhance VDOE data collections regarding school staffing to provide better information about staffing practices in local school divisions.

 

Board Work Session

The Board received a briefing on the Division Superintendent License/Eligible List of Division Superintendents, which can be found at:

http://www.doe.virginia.gov/boe/meetings/2019/work-session/07-jul/division-superintendent-briefing.docx

 

Board Business Meeting 

 

Guidelines for Providing Loan Interest Rate Subsidy Grant Payments for the Virginia Public School Authority Pooled Bond Program

 

The Board approved the Guidelines for Providing Loan Interest Rate Subsidy Grant Payments for the Virginia Public School Authority Pooled Bond Program that were required by Senate Bill 1093, enacted at the 2019 General Assembly session and codified as Section 22.1-146.1, Code of Virginia.  These guidelines permit the Board to establish a new interest rate subsidy program to subsidize interest payments on certain loans made by the Virginia Public School Authority (VPSA) under its Pooled Bond Program to local governing bodies and school boards for the design and construction of new school buildings and facilities or the modernization and maintenance of existing school buildings and facilities.  Under this program, eligible Literary Fund projects are financed with a loan through the VPSA Pooled Bond Program at a market rate of interest but also receive an interest rate subsidy grant from the Literary Fund (at a 50 or 100 percent rate) for a portion of the project cost reducing the principal amount borrowed.  The combination of the VPSA loan and subsidy grant results in a debt service cost that is equivalent to what would be paid on a direct Literary Fund loan at its lower interest rates.  This financing approach is in lieu of the project receiving a direct construction loan from the Literary Fund.

 

Revisions to the Regulations Governing Reduction of State Aid When Length of School Term Below 180 Teaching Days or 990 Hours to Conform to 2019 General Assembly Legislation (Exempt Action)

 

The Board adopted changes to the Regulations Governing Reduction of State Aid When Length of School Term Below 180 Teaching Days or 990 Hours to comport with House Bill 2124 and Senate Bill 1269 enacted by the 2019 General Assembly and codified in §22.1-98 of the Code of Virginia.  Revisions were made for: (i) the minimum number of instructional days or hours required for each school; (ii) reductions in state aid when the minimum number of days or hours is not met; and (iii) circumstances in which local school boards may apply to have the number of instructional days or hours waived without a reduction in state aid.  The revised regulations will now proceed as an exempt action under the Administrative Process Act (APA).

 

The regulations adopted by the Board can be found at: http://www.doe.virginia.gov/boe/meetings/2019/07-jul/item-c.docx.   

 

Revisions to the Guidelines for Considering and Approving Requests for Pre-Labor Day Openings to Comport with 2019 Legislation

 

The Board adopted changes to the Guidelines for Considering and Approving Requests for Pre-Labor Day Openings to comport with legislation passed by the 2019 General Assembly (HB 1652 and SB 1005).  The approved revisions include: 

  • Removing all guidelines related to the “good cause” waivers that are no longer permitted by law.
  • Establishing guidelines for the Board to grant “good cause” waivers for school divisions providing a year-round instructional program and delegating the authority to grant such waivers to the Superintendent of Public Instruction.

The approved regulations can be found at:  http://www.doe.virginia.gov/boe/meetings/2019/07-jul/item-d.docx.

 

Amendments to Regulations Establishing Standards for Accrediting Public Schools in Virginia (8 VAC 20-131) to Comport with 2019 Legislation Passed by the General Assembly (Exempt Action)

 

The Board approved the following amendments to Regulations Establishing Standards for Accrediting Public Schools in Virginia (8 VAC 20-131) to comport with 2019 legislation passed by the General Assembly (Exempt Action):

  • School Counselors (HB 1729) - changes the name of “guidance counselors” to “school counselors” and requires each school counselor employed by a school board in a public elementary or secondary school to spend at least 80 percent of his staff time during normal school hours in the direct counseling of individual students or groups of students.
  • Exemplar School Recognition Program (HB 1868) - renames the Virginia Index of Performance (VIP) incentive program as the Exemplar School Recognition Program (the Program) and makes several changes to the Program to align it in the revised Standards of Accreditation, including requiring the Program to be designed to recognize and reward: 1) schools that exceed Board-established requirements or show continuous improvement on academic and school quality indicators and 2) schools, school divisions; and school boards that implement effective, innovative practices that are aligned with the Commonwealth's goals for public education.

The adopted regulation revisions can be found at:  http://www.doe.virginia.gov/boe/meetings/2019/07-jul/item-e.docx.

 

Notice of Intent for Regulatory Action (NOIRA) to the Regulations Governing Secondary School Transcripts

 

The Board adopted changes to the Notice of Intent for Regulatory Action (NOIRA) to the Regulations Governing Secondary School Transcripts.  The requirements in 8VAC 20-160-30 will now be reviewed and revised to address outdated language and programs, as well as the need to clarify how specific transcript elements such as absences, previous schools attended, and course work are listed. 

 

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

 

The Board adopted changes to Regulations Governing the Use of Seclusion and Restraint in Public Elementary and Secondary Schools in Virginia.  These regulations resulted from Virginia Code §22.1-279.1:1 enacted by the 2015 Virginia General Assembly and HB 2599 passed by the 2019 Virginia General Assembly requiring the Board to specifically: identify and prohibit the use of any method of restraint or seclusion that it determines poses a significant danger to the student; and establish safety standards for seclusion.  The approved regulations are based on two foundational—and consonant—principles: that schools must be safe for all children and that school personnel must be equipped to address emergencies and disruptions effectively, while protecting the dignity of all students, the integrity of the classroom, and the safety of all persons in our public schools. In its approval of the regulations the Board clarified that prohibited actions in 8 VAC 20-750-30 include the use of seclusion and seclusion prone restraint; i.e., face down restraints or any other restraints that restricts breathing or harm the student.  In the training section 8 VAC 20-750-100 the Board removed the word “initial” to clarify that restraint and seclusion training is to be on-going and that this training needs to address follow-up social/emotional support for students, staff and families. These regulations do not apply to any secure facility or detention home as defined in §16.1-288 of the Code of Virginia, or to any facility operated by the Virginia Department of Behavioral Health and Developmental Services.   Consequently, “Student” or “Students” does not include those who receive instruction in a secure facility or detention home as defined in §16.1-288 of the Code of Virginia or in a facility operated by the Virginia Department of Behavioral Health and Developmental Services. 

 

The approved regulations are available at:  http://www.doe.virginia.gov/boe/meetings/2019/07-jul/item-g.docx

 

Amendment to Virginia’s Consolidated State Plan under the Every Student Succeeds Act of 2015 (ESSA)

 

The Board approved an amendment to Virginia’s Consolidated State Plan under the Every Student Succeeds Act of 2015 (ESSA).  The following summarizes the changes that will be submitted for approval by the United States Education Department (USDE):

  • Use the current year’s cohort data to calculate the Federal Graduation Indicator (FGI);
  • Revise the federal mathematics targets to reflect statewide data from new SOL mathematics tests administered during the 2018-2019 school year;
  • Revise the federal chronic absenteeism targets to calculate the targets using the same methodology used on other federal indicators;
  • Use Title II, Part A, state level set-aside funds to support training and technical assistance to school divisions on upcoming revisions to the teacher evaluation system; and
  • Provide data on teachers identified as both out-of-field and inexperienced during the 2016-2017 school year.

Following approval by USED, accountability changes will be implemented beginning with the accountability ratings for the 2019-2020 school year.

 

Advisory Board on Teacher Education and Licensure (ABTEL) Recommendations for the Annual Education Preparation Program Profile Required by the Regulations Governing the Review and Approval of Education Programs in Virginia

 

The Board adopted the Advisory Board on Teacher Education and Licensure’s recommendations for the Annual Education Preparation Program Profile. The Board will require the first collection on May 1, 2020, for the previous academic year (September 1 through August 30).  This timeline mirrors other educator preparation collections [Board of Education Biennial Reporting for Program (Endorsement) Approval and Federal Title 2 Reporting].

 

The approved revisions to ensure that there is an annual Education Preparation Program Profile published and posted on the Department of Education’s website are available at:  http://www.doe.virginia.gov/boe/meetings/2019/07-jul/item-i.docx.   

 

Revisions to the Standards of Quality

 

The Board received for first review the proposed revisions to the Standards of Quality. Since the Board’s April 24, 2019, retreat, four regional focus group meetings and public hearings were conducted across the state and input was solicited from key statewide stakeholder organizations.  Based upon the feedback received from the Board, stakeholders, and public comments, Department of Education staff proposed adjustments to the April 24, 2019, and June 19, 2019 SOQ proposals. 

 

As discussed at their Wednesday SOQ Committee meeting, the four new proposals presented for consideration were:

  • Reading Specialists - Provide reading specialist positions for students in grades K-5, based upon the number of students failing third-grade Standards of Learning reading assessments. Estimated cost: 36.6 million/year in addition to the $23.5 million currently appropriated for Early Reading Intervention.

Explanation - This proposal would shift the Early Reading Intervention Program into the Standards of Quality, expand it to provide reading specialists in grades four and five, and eliminate the non-staffing permissible expenditures. Students failing the third grade reading assessment would be the metric used to distribute funding, as opposed to the reading diagnostic instrument (typically, PALS) in kindergarten through third grade.

  • Work-Based Learning Coordinators - Establish state-level and regional work-based learning coordinators to foster connections between school divisions and the business community to advance work-based learning opportunities in each school division. Estimated fiscal impact: $1.24 million/year.

Explanation - This proposal would provide work-based learning coordinators who would establish relationships between school divisions and businesses to ensure meaningful work-based learning opportunities are available to students in every high school in Virginia.  Recognizing that many rural school divisions need to cooperate regionally to establish successful work-based learning programs with businesses in their area, developing the infrastructure regionally would be more effective than at the school division level. Instead of allocating positions to school divisions, this proposal would establish a statewide coordinator position, who would oversee several regional coordinators, staffed either through VDOE or contracts with other entities such as workforce investment boards, GO Virginia boards, or community colleges.

  • Class Size Reduction - Move the K-3 Class Size Reduction program into the Standards of Quality, and expand the program to include 4th through 6th grades.  Estimated cost: $213.8 million/year.

Explanation - This proposal would move the K-3 Class Size Reduction program into the Standards of Quality, and mandate reduced class sizes in schools meeting the prescribed poverty thresholds.  The program would be expanded also to include 4th through 6th grades.

  • Principal Mentorship - Establish a statewide principal mentorship program to strengthen and foster the expanding role of quality school leaders that support teacher retention and student achievement. Estimated fiscal impact: $1.24 million/year.

Explanation - This proposal would provide establish a principal mentoring unit at the Department of Education.  This unit would establish a network of seasoned principals across the Commonwealth to serve as mentors to new principals as well as principals of schools.  Creating a principal mentor network at the state-level would be more effective than establishing division-level principal mentor positions in the Standards of Quality, because prospective mentors will frequently need to be matched with mentees from a different school division.  In addition, establishing a state-level program will ensure consistent statewide implementation and quality control

The Standards of Quality areas identified for future Board consideration included:

  • Standards for Facilities
  • Teacher Coaching Programs
  • English Learner ratios for students with interrupted formal education (SIFE)
  • Special Education Staffing Standards
  • Mathematics Specialists
  • Instructional Technology Resource Teachers

Final review of the revisions to the Standards of Quality is tentatively planned for the Board’s September 19, 2019 meeting.
 

The updated draft and matrix showing all proposed changes from the original can be found at: http://www.doe.virginia.gov/boe/meetings/2019/07-jul/item-k-attachment.docx

 

Proposed Amendments to the Licensure Regulation for School Personnel (8 VAC20-23) to Comport with Legislation Passed by the General Assembly Under the Fast Track Provisions of the Administrative Process Act

 

The Board received for first review the Licensure Regulations for School Personnel to comport with Virginia General Assembly legislation related to licensure that was passed in the 2017, 2018, and 2019.   The Licensure Regulations for School Personnel (8 VAC20-22) were repealed, and revised regulations (8 VAC20-23) became effective August 23, 2018.  The regulatory process for the revised regulations needed to conclude before additional amendments could be submitted.  Revisions required by the three General Assembly sessions have been consolidated to streamline the Administrative Process Act.

 

Of particular interest, the draft regulations include language to implement the provisions of SB 1575, passed during the 2019 General Assembly Session, which would create a three-year license to solely teach career and technical education courses or dual enrollment courses at public high schools in the Commonwealth to any individual who is employed as an instructor by an institution of higher education that is accredited by a nationally recognized regional accreditation body, is teaching in the specific career and technical education or dual enrollment subject area at such institution in which the individual seeks to teach at a public school, and complies with certain additional requirements.

 

The proposed regulations along with the legislation requiring the revisions can be found at: http://www.doe.virginia.gov/boe/meetings/2019/07-jul/item-k-attachment.docx.

 

Proposed 2017 Computer Science Standards of Learning Curriculum Framework

 

The Board received for first review the Proposed 2017 Computer Science Standards of Learning Curriculum Framework.  The Computer Science Curriculum Framework structure differs from that of other disciplines.  Since Computer Science concepts may be new to many teachers, the framework is designed to provide support to teachers that have low efficacy in computer science concepts or practices.  Additional resources will be provided to support teachers in the integration of computer science into the instruction of other disciplines.

 

The proposed Computer Science Standards of Learning Curriculum Framework include the following components:

  • Context of the Standard: Provides teachers a general background as to the content of the standard as well as the vertical articulation of the concepts.
  • Essential Skills: Outlines student performance expectations.
  • Essential Questions:  Provides teachers student friendly questions that may be used to drive instruction.
  • Essential Vocabulary: provides teachers with definitions of computer science terminology.

The full draft framework can be found at:  http://www.doe.virginia.gov/boe/meetings/2019/07-jul/item-l-attachment.docx.

 

Reports

 

The Board accepted a written report on the Process for State Approval of Textbooks for K-12 Science.   A copy of this report is available at:   http://www.doe.virginia.gov/boe/meetings/2019/07-jul/item-m.docx.