2020 General Assembly Special Session Update
Fairfax County Public Schools, Office of Government Relations

Education-Related Legislation

The Virginia General Assembly continues to meet in Special Session.  No new education related legislation was introduced in the past week, so the following is a status report on the K-12 education legislation already reported in previous updates. All previous 2020 Special Session updates are available at: https://www.fcps.edu/about-fcps/departments-and-offices/chief-operating-officer/virginia-general-assembly-0

It is not clear that there will be a formal “crossover” date, which is traditionally the date by which each chamber must finish its own legislation and can consider only bills that have passed on the other side.  So it is possible that legislation adopted in one chamber can and will be immediately be taken up by the other.

Remember that legislation designated as an “emergency” requires a 4/5 majority for passage and if passed would go into effect immediately upon the Governor’s signature.  It is our current understanding that all other legislation passed during Special Session would go into effect January 1, 2021 but note that may be subject to change depending on ongoing negotiations on the Session’s procedural resolutions and on the ultimate length of the Special Session.

Updates on Previously Reported Legislation/Legislative Topics

Student Meals - Community Eligibility Provision

HB 5113 (Roem) would require each school board that governs a local school division that contains any public elementary or secondary school that is eligible to participate in the Community Eligibility Provision (CEP) administered by the U.S. Department of Agriculture Food and Nutrition Service (FNS) to apply to FNS to participate in CEP for each such school.

• Update 09/03 The legislation was amended by the House Appropriations Committee to allow school divisions to appeal to the Virginia Department of Education whether required participation was “financially viable.”  The term “financially viable” is not defined, so it would be left to VDOE to make such a determination based on whatever criteria they set.   The legislation is currently under consideration on the House floor.

Workers Compensation

The following bills would establish a presumption that COVID-19 causing the death or disability of specified employees is an occupational disease compensable under the Workers’ Compensation Act.  Most of the bills include a clause that would make the provisions of the bill effective retroactive to January 1, 2020.  HB 5028 (Jones), SB 5022 (Kiggans), SB 5066 (Saslaw), SB 5097 (Vogel),  SB 5104 (Deeds).

• Update 08/26 HB 5028 passed the House Committee on Labor and Commerce and was re-referred to the House Appropriations Committee. 
• Update 09/03 HB 5028 passed the House Appropriations Committee and is up for consideration by the full House.
• Update 08/26 SB 5066 incorporated SB 5097, SB 5104, and SB 5022,  passed the Senate Commerce and Labor Committee, and was re-referred to the Senate Finance and Appropriations Committee.  Also note that SB 5066 as amended does not include school board employees as a covered employee category.

Posting of Virus Mitigation Plans

SB 5083 (McClellan & Hashmi, emergency) and HB 5096 (Carroll Foy, emergency) would require each school board to post in a publicly accessible and conspicuous location on its website the plan outlining its strategies for mitigating the spread and public health risk of the COVID-19 virus, consistent with the Centers for Disease Control and Prevention and Virginia Department of Health mitigation recommendations, that the school board is required to submit to the Department of Education before reopening schools in accordance with Phase II and III guidelines pursuant to the June 8, 2020, order of the State Health Commissioner.  

• Update 08/26 SB 5083 passed the Senate Education and Health Committee and is pending consideration on the Senate floor.
• Update 09/03 SB 5083 passed the full Senate and is awaiting House consideration.

Paid Leave

HB 5116 (Guzman) would require public and private employers to provide eligible employees paid quarantine leave. The bill would provide that such paid quarantine leave would be available for immediate use by the employee, regardless of how long the employee has been employed by the employer. The bill would provide that such paid quarantine leave may be used for (i) an eligible employee's illness or health condition related to the COVID-19 virus; an eligible employee's need for medical diagnosis, care, or treatment of an illness or health condition related to the COVID-19 virus; or an eligible employee's need for preventive medical care related to the COVID-19 virus; (ii) care of a family member with an illness or health condition related to the COVID-19 virus; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness or health condition related to the COVID-19 virus; or care of a family member who needs preventive medical care related to the COVID-19 virus; or (iii) or care for oneself or a family member when it has been determined by the health authorities having jurisdiction or by a health care provider that the eligible employee's or family member's presence in the community may jeopardize the health of others because of his exposure to the COVID-19 virus, whether or not the eligible employee or family member has actually contracted COVID-19.  The bill would prohibit employers from taking certain retaliatory actions against an employee related to paid quarantine leave or because the employee is ineligible for or has exhausted his paid quarantine leave and is absent from work without compensation for the same purposes an employee may use paid quarantine leave. The bill would provide that an employee is authorized to bring a civil action against the employer for violations of the bill's provisions. The bill would sunset upon the expiration of the state of emergency declared by the Governor in response to the COVID-19 pandemic in Executive Order 51 (2020). 

• Update 08/26 The legislation passed the House Labor and Commerce Committee and was re-referred to the House Appropriations Committee.
• Update 09/03 The legislation was amended by the House Appropriations Committee to specify that employers who already provide leave comparable to that required by the legislation would not have to provide additional leave above and beyond what was already provided.  The legislation passed the Appropriations Committee and now awaits House floor action.

HB 5078 (Coyner) would require each school board to provide to each teacher or other school board employee who is employed in a public elementary or secondary school in the local school division up to 14 days of paid leave, in addition to any other paid leave to which such individual is otherwise entitled, that may be used in the event that the employee (i) contracts COVID-19, (ii) is required to self-quarantine while awaiting the results of diagnostic testing for an active infection with COVID-19, or (iii) is required to provide care for a family member who contracts COVID-19. 

SB 5094 (Dunnavant, emergency) would require each school board to provide to each teacher in the local school division up to 14 days of paid leave, in addition to any other paid leave to which such individual is otherwise entitled, that may be used in the event that the teacher (i) has been exposed to the COVID-19 virus and is required to self-quarantine, (ii) contracts COVID-19, or (iii) is required to provide care for a family member who contracts COVID-19. 

• Update 08/26 The legislation passed the Senate Education and Health Committee and was re-referred the Senate Finance and Appropriations Committee. 
• Update 09/03 The legislation failed to report from the Senate Finance and Appropriations Committee.

SB 5076 (Favola) would more generally require public and private employers to provide eligible employees paid sick time that can be used during a pandemic. The bill would have a delayed effective date of January 1, 2021.

• Update 08/26 The legislation failed to report from the Senate Commerce and Labor Committee. 

Outbreak Reporting

HB 5048 (Sickles) and SB 5081 (Barker) would require the Department of Health to make information about outbreaks of communicable diseases of public health threat at any medical care facility, residential or day program, service or facility licensed or operated by any agency of the Commonwealth, school, or summer camp currently required to report an outbreak of a communicable disease to the Department available to the public on a website maintained by the Department. Such information would include the name of the place at which the outbreak has occurred and the number of confirmed cases of and deaths resulting from such communicable disease reported by each such place.

• Update 08/26 HB 5048 was amended to include an emergency clause, passed the House Health, Welfare and Institutions Committee, and is pending on the House floor.
• Update 09/03 HB 5048 has passed the House and awaits Senate action.
• Update 08/26 SB 5081 passed the Senate Education and Health Committee and is pending on the Senate floor. 
• Update 09/03 SB 5081 was amended to include an emergency clause and passed the Senate. It awaits House action.

SB 5090 (Dunnavant, emergency) would require that upon the declaration of a public health emergency related to a communicable disease, the Commissioner of Health weekly make available to the public information about confirmed cases of the communicable disease among the total population of the Commonwealth and separate information about total confirmed cases of the communicable disease among the general population of the Commonwealth displayed in comparison to total confirmed cases of the communicable disease among persons living in confined spaces within the Commonwealth. The bill would define "confined spaces" as nursing homes, jails and prisons, and group homes. The bill also would require the Commissioner to publish confirmed cases of communicable disease by age group in increments of 10 years. The bill would direct the Commissioner to develop and make available to the public on a website maintained by the Department of Health COVID-19 pandemic progress benchmarks that include progress benchmarks for percent positivity rates, percent ventilator utilization, percent intensive care unit utilization by COVID-19 patients, and other variables as deemed appropriate.  

• Update 08/26 The legislation passed the Senate Education and Health Committee and is pending on the Senate floor.
• Update 09/03 The legislation has passed the full Senate and awaits House action.

SB 5064 (Lewis) would require employers to report for each worksite with 30 or more employees, or for any multi-employer worksite with 30 or more combined employees, to the local health department when the worksite has had five or more confirmed cases of the COVID-19 virus. The employer would be required to make such report within 24 hours of becoming aware of such cases. The bill would require the State Department of Health to compile such reports and to make a weekly report available to the public with the compiled information.

Rapid Diagnostic Testing

SB 5095 (Dunnavant, emergency) and HB 5105 (Robinson, emergency) would require that when the Commissioner of Health determines that a communicable disease of public health significance exists in the Commonwealth, he shall ensure that any available rapid diagnostic testing indicating the existence of such communicable disease is readily available to all essential workers in the Commonwealth. Priority for access to such testing shall go to (i) health care providers, (ii) law-enforcement officers, (iii) emergency medical services personnel and emergency medical services providers, (iv) patients in nursing homes who are determined by the nursing home to be high-risk patients, (v) public and private elementary and secondary schools in the Commonwealth, and (vi) public institutions of higher education and private institutions of higher education in the Commonwealth. 

• Update 08/26 SB 5095 passed the Senate Education and Health Committee and is pending on the Senate floor. 
• Update 09/03 SB 5095 passed the Senate and awaits House action.
• Update 08/26 HB 5105 failed to report from the Health, Welfare and Institutions Committee.

Civil Claims Immunity

A number of bills would provide immunity from civil claims related to the transmission of or exposure to the COVID-19 virus, including HB 5019  (Runion, emergency), HB 5037 (Miyares); HB 5040 (O’Quinn, emergency), HB 5074 (Sullivan, emergency), HB 5110 (Ransone, emergency), SB 5067 (Saslaw, emergency), SB 5098 (Vogel, emergency), SB 5099 (Vogel, emergency).

• Update 09/03 HB 5074 incorporated HB 5019, HB 5040, and HB 5110; passed the House Labor and Commerce Committee; and is now up for consideration on the House floor.
• Update 09/03 SB 5098 and SB 5099 both failed to report from the Senate Commerce and Labor Committee
• Update 09/03 SB 5067 passed the Senate Commerce and Labor Committee but was stricken from the Senate floor calendar.  It is not clear if the legislation will be reconsidered.

Student Attendance

SB 5100 (Dunnavant) would excuse from school attendance children diagnosed with COVID-19 or children with a household member diagnosed with COVID-19 while the child or household member is suffering from COVID-19.

• Update 08/26 The legislation passed the Senate Education and Health Committee and is pending on the Senate floor.
• Update 09/03 The legislation passed the Senate and awaits House action.

Waiver of Safety Drills and Required Health Screenings

SB 5068 (Peake, emergency) would permit any school board to waive any mandatory student safety drill and any mandatory student health screening until such time as the General Assembly reconsiders such waivers during the 2021 regular session of the General Assembly.

• Update 08/26 The legislation passed the Senate Education and Health Committee and is pending on the Senate floor.
• Update 09/03 The legislation passed the Senate and awaits House action.

 Executive Authority Under State of Emergency

HB 5050 (Helmer) and SB 5039 (Marsden) would grant the Governor authority during a disaster caused by a communicable disease of public health threat for which a state of emergency has been declared to establish a program through which the Governor may purchase personal protective equipment (PPE) for private, nongovernmental entities and distribute the PPE to such private, nongovernmental entities. The bill would exempt the Governor's procurement of such PPE from the provisions of the Virginia Public Procurement Act. In addition, a significant number of bills were introduced that relate more generally to various limitations on executive authority during states of emergency.

• Update 08/26 HB 5050 passed the House General Laws Committee and was re-referred to the House Appropriations Committee.
• Update 09/03 HB 5050 passed the House Appropriations Committee and is up for consideration on the House floor.
• Update 09/03 SB 5039 passed both the Senate General Laws and Technology and Finance and Appropriations Committees and awaits action by the full Senate.

State Holiday - Juneteenth

HB 5052 (Bagby) and SB 5031 (Locke) would recognize the nineteenth day of June of each year, also known as Juneteenth, as a legal holiday in the Commonwealth to commemorate the announcement of the abolition of slavery in Texas, the last of the former Confederate States of America to abolish slavery, and to recognize the significant roles and many contributions of African Americans to the Commonwealth and the nation.

• Update 08/26 HB 5052 passed the House General Laws Committee and is pending on the House floor. 
• Update 09/03 HB 5052 passed the House and awaits Senate action.
• Update 09/03 SB 5031 passed the Senate General Laws and Technology Committee and awaits consideration on the Senate floor.

Unemployment Compensation

HB 5087 (Tran, emergency) and SB 5107 (McPike) would repeal two sunset provisions from legislation enacted during the 2020 Regular Session of the General Assembly that, among other things, established a short-time compensation program that provides employers with the option of reducing the hours worked by employees while permitting the employees whose hours are reduced to receive partial compensation for lost wages. The bill also would extend the date by which the Virginia Employment Commission is required to establish and implement such short-time compensation program from January 1, 2021 to January 1, 2022.

• Update 08/26 HB 5087 passed the House Labor and Commerce Committee and was re-referred to the House Appropriations Committee. 
• Update 09/03 HB 5087 passed the House Appropriations Committee and is awaiting action on the House floor.
• Update 09/03 SB 5107 passed both the Senate Commerce and Labor Committee and the full Senate and awaits House action.

HB 5054 (Subramanyam) would provide that under specific conditions related to COVID-19 work will not be deemed suitable and benefits will not be denied to any otherwise eligible individual for refusing to accept new work (i) if the individual has been diagnosed with COVID-19 or is experiencing symptoms of COVID-19 and has been advised by a health care professional not to attend work; (ii) if a member of the individual's household has been diagnosed with COVID-19 or the individual is providing care for a family member or a member of his household with COVID-19; (iii) if during the COVID-19 pandemic the individual is an elevated risk of severe illness from the COVID-19 virus; (iv) if the individual is the primary caregiver for a child or other individual in his household who is unable to attend school or another facility that is closed as a direct result of the COVID-19 pandemic and the individual requires the school or facility in order to work and is unable to find a reasonable alternative; or (v) if the individual has a reasonable belief that his workplace is not in compliance with the Department of Labor and Industry's standards for the prevention of COVID-19.  

HB 5118 (Hudson) would eliminate the one-week waiting period for an eligible unemployed individual to receive benefits.

Failed Legislation

Education Funding – Average Daily Membership

SB 5069 (Ruff) would have provided that in the event that a declared state of emergency causes a disruption in the provision of in-person instruction for students that affects the calculation of average daily membership in a local school division as of March 31 in any school year, such membership shall consist of the greater of the average daily membership as of March 31 in the affected school year and the average daily membership as of March 31 in the immediately preceding school year.  Update 08/26 The legislation passed the Senate Education and Health Committee and has been referred to the Finance and Appropriations Committee. Update 09/03 The legislation failed to pass the Senate Finance and Appropriations Committee.  During the bill discussion, it was mentioned that this was an issue that could potentially be addressed during the regular 2021 General Assembly Session.

School Nurses

SB 5004 (Kiggans) would have required each local school board to employ at least one full-time equivalent school nurse position in each elementary school, middle school, and high school in the local school division.  Update 08/26 The legislation passed the Senate Education and Health Committee and was re-referred the Senate Finance and Appropriations Committee.  Update 09/03 The legislation failed to pass the Senate Finance and Appropriations Committee.

Student Home Internet Access – In-Person Instruction

SB 5021 (Chase, emergency) would have provided that if a school board requires students to engage in virtual learning for any reason, whether full time or part time, and a computer and Internet service to connect to the curriculum is required, then the school board must provide appropriate technology devices to every student enrolled in the school system so they may access the learning platform. Additionally, the bill would have required school boards to provide adequate Internet service to a student's household at no cost if a student's family income is below 125 percent of the federal poverty guidelines. Update 08/26 SB 5021 failed to report from the Senate Education and Health Committee. 

SB 5114 (McDougle, emergency) would have required each school board to make available in-person instruction to each enrolled student when any residential area in the local school division is not capable of receiving Internet access at speeds greater than 10 MBps download speed and one MBps upload speed.   Update 08/26 SB 5114 failed to report from the Senate Education and Health Committee.

Dual Enrollment, Virtual Virginia

SB 5093 (Dunnavant, emergency) would have required the Department of Education to make community college dual enrollment courses for students in grades 11 and 12 available through the Virtual Virginia program. The bill would have directed the Department of Education to prioritize the provision of community college dual enrollment courses that are included in the Passport Program, the Uniform Certificate of General Studies Program, and courses that lead to workforce credentials. Update 08/26 The legislation failed to report from the Senate Education and Health Committee.

Student Growth Measures

SB 5091 (Dunnavant, emergency) would have directed the Department of Education to create or obtain an individualized student growth measurement system that evaluates, tracks, and analyzes student grade-level proficiency and progress for use in public schools during the COVID-19 pandemic.  Update 08/26 The legislation failed to report from the Senate Rules Committee.

Immunizations

HB 5070 (LaRock) would have eliminated the authority of the Board of Health or Commissioner of Health to require, during an epidemic of a disease of public health importance for which a vaccine exists, that a person receive such vaccine despite the person's objection to the vaccine on the grounds that administration of such immunizing agents conflicts with his religious tenets or practices. Update 08/26 HB 5070 failed to report from the House Health, Welfare and Institutions Committee.  

HB 5016 (Cole, ML) would have eliminated the authority of the Commissioner of Health to require immunization of individuals who object to such administration on religious grounds more generally.  Update 08/26 HB 5016 failed to report from the House Health, Welfare and Institutions Committee.

HB 5082 (LaRock) would have provided that no vaccine shall be added to the list of required vaccines if (i) the vaccine is derived from human fetal tissue, (ii) the vaccine modifies the ribonucleic acid (RNA) or deoxyribonucleic acid (DNA) of the person to whom it is administered, or (iii) development of the vaccine did not include preclinical testing of on laboratory animals prior to clinical trials involving human testing. The bill would also have required the Department of Health to shall make data and information about the safety and efficacy of each vaccine required pursuant to this section and regulations of the Board, including data and information about any risk of harm associated with administration of the vaccine, available to the public on a website maintained by the Department. Such data and information would have been required to be presented in a manner that is easily understandable and accessible to all individuals. Update 08/26 HB 5082 failed to report from the House Health, Welfare and Institutions Committee.

Vouchers

SB 5020 (Chase) would have created vouchers to provide state funding for use by individual students for private or home instruction who choose to withdraw from public education in the event that their local school division does not provide a full time, in person educational option for enrolled students during a public health emergency. Update 08/26 SB 5020 failed to report from the Senate Education and Health Committee.

Legislation Not Yet Considered

The following legislation has not yet been considered by any House or Senate Committee.

Budget Bill

HB 5005 (Torian) and SB 5015 (Howell) which reflect the Governor’s proposed budget amendments.

Impact of Distance Learning

HB 5095 (Hodges, emergency) would direct the Department of Health to work with the Department of Education and representatives of the Virginia Chapter of the American Academy of Pediatrics and other appropriate stakeholders to develop specific criteria for assessing the long-term impact of distance learning on students in the Commonwealth during the COVID-19 public health emergency, including the impact of distance learning on students' health, mental health, social and emotional development, and academic achievement, and provides that any school board that considers such criteria and information in determining whether to offer in-person education shall be immune from civil liability for any civil cause of action arising from any act or omission alleged to have resulted in the contraction of or exposure to COVID-19, absent gross negligence or willful misconduct. The bill would require school boards that opt to allow in-person education to provide distance learning options for students who choose not to return to school for in-person education during the COVID-19 public health emergency.

School Quality Profiles

HB 5107 (Subramanyam) would require the Department of Education to include on each School Quality Profile data on teachers' race and proficiency in any language other than English.

Privacy Training for Teachers

HB 5123 (Kory, emergency) would require each school board to provide to any teacher in the school division who teaches an online course training on the Family Educational Rights and Privacy Act and related regulations, including training on the identification and protection of students' personally identifiable information.

School Resource Officer Duties

HB 5126 (Kory) would clarify that a school resource officer is a certified law-enforcement officer who is hired by the local law-enforcement agency for the singular purpose of providing law-enforcement and security services to Virginia public elementary and secondary schools and is prohibited from enforcing school board student discipline policies that have no connection to the provision of such law-enforcement and security services.

School Resource Officer Training Requirements

HB 5061 (Kory, emergency) would require the compulsory minimum training standards for school security officers and school resource officers to include identifying and working with students with intellectual and physical disabilities, including exercising the appropriate level of caution and understanding during interactions with such students and employing condition-appropriate de-escalation techniques with such students, when necessary.

Tax Credit - Pandemic-Related Education Expenses

HB 5129 (McGuire) would establish a refundable income tax credit for taxable years 2020 and 2021 for pandemic-related education expenses incurred and paid between August 1, 2020, and July 31, 2021, due to the closure of a primary or secondary school or such school not offering in-classroom education as a result of the COVID-19 pandemic. The amount of the credit would be 50 percent of expenses up to a maximum of $4,500.

Health Insurance - Prescription Drugs

HB 5094 (Hodges) would prohibit health insurers from requiring prior authorization for the use of any prescription drug in the treatment of COVID-19 that has received an Emergency Use Authorization from the U.S. Food and Drug Administration for such treatment.

Virginia Retirement System – Average Final Compensation

SB 5119 (Ruff) would direct the Virginia Retirement System to use a furloughed member's compensation in place the month prior to the declared statewide emergency that resulted in the furlough in calculating a member's average final compensation for purposes of determining retirement benefits.

Collective Bargaining

HB 5021 (Davis) would prohibit any local ordinance or resolution granting or permitting collective bargaining from permitting consideration during collective bargaining negotiations of any action or discussion regarding the hiring, firing, or discipline of a local employee. All such actions and discussions would be exempt from all collective bargaining negotiations.

Executive Authority Under State of Emergency

SB 5028 (Newman) would prohibit the Governor from issuing any rule, regulation, or order pursuant to his powers under the Emergency Services and Disaster Law affecting the operation of any public or private elementary or secondary school in the Commonwealth. The bill would also prohibit the State Board of Health from making any emergency order or regulation affecting the operation of any public or private elementary or secondary school in the Commonwealth. 

Alternative Supervision of Public Schools (not-for-profit operating entities)

HB 5022 (Davis) would permit any school board to enter into an operating contract with a not-for-profit entity (operating entity) to (i) require the school board to transfer its constitutional authority to supervise a public elementary or secondary school in the local school division in which at least 50 percent of enrolled students are eligible for free or reduced price lunch (qualified school) to the operating entity, including its authority relating to personnel and curriculum, for an initial period of at least two years, provided, however, that the qualified school shall be subject to all federal and state accountability requirements prescribed by law or regulation; (ii) require the operating entity to make available services that contribute to a clean and safe environment for in-person instruction in a qualified school during a pandemic or nutritional support, after-school academic and mentorship services, health care support by licensed nurse practitioners or doctors, and dental care by dental hygienists or dentists to each student enrolled in the qualified school; (iii) permit the operating entity to seek reimbursement under Medicaid for all services described in clause (ii) that are provided to eligible students; (iv) require the operating entity to establish performance metrics for the qualified school and biannually report to the school board on its compliance with such metrics; and (v) require the supervision of the qualified school to be transferred back to the school board if the operating entity breaches the operating contract or fails to meet the performance metrics established in the operating contract. The bill would permit any such operating contract to contain provisions for the use of local school division services for the qualified school, including transportation, food services, and extracurricular activities. The bill would provide that each operating entity is entitled to matching state funds pursuant to the general appropriation act in an amount equal to 25 percent of all funds that the operating entity invests to provide the services described in clause (ii) in the qualified school.

School Security Officers - VRS

SB 5071 (Cosgrove) would provide that if a retired law-enforcement officer was employed by a local school division as a school security officer on January 1, 2020, and had a bona fide break in service of at least one month between retirement and employment as a school security officer, such person is not required to establish a 12-month break in service that would otherwise be required by law. The bill would have a delayed effective date of July 1, 2021.

Vouchers

HB 5008 (Cole, ML, emergency); HB 5011 (Webert, emergency); HB 5056 (Freitas, emergency); would all create vouchers to provide state funding for use by individual students for private or home instruction who choose to withdraw from public education in the event that their local school division does not provide a full time, in person educational option for enrolled students during a public health emergency.

Student Home Internet Access – In-Person Instruction

HB 5009 (Cole, ML, emergency) would require each school board to provide in-person instruction to any student whose primary residence is not capable of receiving Internet access at speeds greater than 10 MBps download speed and one MBps upload speed. The bill would sunset upon the expiration of the state of emergency declared by the Governor in response to the COVID-19 pandemic in the Commonwealth.