2020 General Assembly Update
Key Education-Related Subjects
Final General Assembly Actions Report, April 22, 2020

Fairfax County Public Schools, Office of Government Relations

Additional information regarding the education-related legislation described below, as well as for all other bills related to education can be found in the thirteen subject categories located on the web pages of the FCPS Office of Government Relations at https://www.fcps.edu/about-fcps/departments-and-offices/government-relations/virginia-general-assembly.  Bills in these categories are linked to the Virginia Division of Legislative Services web pages, which provide up-to-date summary, fiscal impact and bill status information.

The General Assembly completed their Reconvened Session on Wednesday, April 22 where they considered the Governor’s proposed amendments to bills passed during the 2020 General Assembly Session, including both the “caboose budget” (HB 29, which finishes out the current biennium through June 30, 2020) and the budget for Fiscal Years 2021 and 2022 (HB 30). 

Upon final signature, bills passed during the 2020 General Assembly Session become effective July 1, 2020 unless specified in the legislation itself.

The General Assembly adopted the vast majority of legislative and budget changes proposed by the Governor.  However, all indications are that this may not be the last word on the biennial budget which will be effective starting July 1, 2020.  There will be a state revenue reforecast – likely after the close of the fiscal year on June 30 - to assess the impact that the COVID-19 crisis has had on state revenues (including state income tax, sales tax, and lottery proceeds).  Depending on the results of the reforecast, there is a strong possibility that the Governor will call a special session of the General Assembly to consider further revisions to the FY 21 and FY 22 budget based on the reforecast.

The following describes adopted amendments to key education legislation, including to the current and to the FY 21 and FY 22 biennial budgets.

Budget Bill HB 29 (Torian). This is the “Caboose Budget” which closes out the biennium ending June 30, 2020. A number of policy amendments were adopted in this budget, including:

• Provisions allowing public bodies to meet electronically when circumstances related to an emergency—such as social distancing—make it impractical to meet in a single location
• Provisions to allow the Superintendent of Public Instruction to grant temporary flexibility or waivers for certain deadlines and requirements in the 19-20 and 20-21 school years that cannot be met due to the state of emergency or school closures resulting from COVID-19. 
• Authority for the Department of Education to prorate Supplemental Lottery Per Pupil Allocation payments in the event of a Lottery proceeds shortfall.
• Waivers of local school divisions required local effort and required local match obligations for fiscal year 2020 due to the state of emergency and school closures resulting from COVID-19.
• Authority for emergency child-care programs to be set up to care for children of essential workers during the COVID-19 state of emergency.

The General Assembly rejected the Governor’s proposed delay of May elections to November 3, 2020. 

Provisions of HB 29 will become effective upon the Governor’s signature after Reconvened Session and be effective until June 30, 2020.

Budget Bill HB 30 (Torian). This budget covers the upcoming biennium (Fiscal Years 2021 and 2022).  The adopted amendments to this budget include:

• Continuation of provisions allowing public bodies to meet electronically when circumstances related to an emergency—such as social distancing—make it impractical to meet in a single location as well as continuation of provisions to allow the Superintendent of Public Instruction to grant temporary flexibility or waivers for certain deadlines and requirements in the 19-20 and 20-21 school years that cannot be met due to the state of emergency or school closures resulting from COVID-19. 
• Suspension (“unallotment”) of previously allocated funding for FY21 and FY22 for the following items related to K12 education:

• Cost of Competing Adjustment increase for support personnel
• Enrollment loss funding
• At Risk Funding – suspends portion funded via the General Fund, leaves lottery funded portion intact
• Compensation supplement (the proposed 2% salary increases in FY21 and FY22)
• No loss funding
• School meals expansion funding
• Virginia Preschool Initiative – per pupil funding rolled back to FY 20 levels

• A return of school counselors staffing ratios and funding to FY 2020 (school year 2019-2020) levels.
• Suspension of Virginia Department of Education funding related to the development of the Virginia Learner Equitable Access Platform (VA LEAP) and increased support for Virginia Preschool Initiative class observations and professional development.

A proposed provision to allow the Governor to further withhold General Fund allocations (beyond those specifically “unallotted” by this proposal), based on reductions in general fund revenues was withdrawn by the Governor.

Casino Gaming Regulation and Control HB 4 (Knight) and SB 36 (Lucas). The accepted amendment redirects revenue from a proposed state tax on casino gaming revenue from the general fund to programs established to address public school construction, renovations, or upgrades.

Collective Bargaining for Employees of Local Government HB 582 (Guzman) and SB 939 (Saslaw). The accepted amendment delays implementation of the legislation to May 1, 2021.

County Taxing Authority HB 785 (Watts) and SB 588 (Hanger).  The accepted amendments delay implementation of changes to county provisions related to the transient occupancy tax to May 1, 2021 and changes to county provisions related to local cigarette taxes to July 1, 2021. They also preserve authority Fairfax County currently holds to impose a cigarette tax of up to 30 cents per pack until the new provisions allowing the tax to increase to 40 cents becomes effective.

Games of Skill Taxation HB 881 (Bulova) and SB 971 (Howell).  The accepted amendments delay the prohibition on games of skill by one year and in the interim impose a tax on such games with proceeds dedicated solely for the purposes of responding to the Commonwealth's needs related to the Coronavirus Disease of 2019 (COVID-19) pandemic.

Immunizations. HB 1090 (Hope).  The accepted amendments adjust dosing requirements for the human papillomavirus (HPV) vaccine and delay implementation of the legislation to July 1, 2021.

June Primary Date SB 316 (Kiggans). The accepted amendment requires this legislation to be re-enacted in its same form during the 2021 General Assembly session to become effective.

Minimum Wage HB 395 (Ward) and SB 7 (Saslaw).  The accepted amendment delays implementation of an increase in the minimum wage to $9.50 per hour from January 1, 2021 to May 1, 2021.

Project Labor Agreements, Public Works Contracts HB 358 (Lopez) and SB 182 (Saslaw). The accepted amendment delays implementation of the legislation to May 1, 2021.

Prevailing Wage Rate, Public Works Contracts  HB 833 (Carroll Foy) and SB 8 (Saslaw). The accepted amendment delays implementation of the legislation to May 1, 2021.