2021 General Assembly Update
Key Education-Related Subjects
Week ending Friday, February 12, 2021

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.

Preliminary Information on General Assembly Recommended Budget Amendments

The House and Senate have both approved their own sets of recommendations for changes to the budget bills HB 1800 (Torian) and SB 1100 (Howell).  The differences between the two will now be addressed by a conference committee of House and Senate members, who will reconcile the bills into a final budget (hopefully) by the scheduled end of the Special Session, February 27. Note that if an amendment was included in the Governor’s Introduced budget and was not specifically referenced by either House or Senate amendments, it remains in both budgets.  Also note that as of this writing, comprehensive financial impact information regarding the specific impact that each set of proposed amendments would have on FCPS was not available.

House Proposed Amendments to HB 1800 of Interest to FCPS

• 5% Salary Increase - This amendment would fund the state’s share of funding for a 5% pay increase, effective July 1, 2021 for SOQ recognized instructional and support positions, which would have to be matched with each locality’s Local Composite Index adjusted local share. This increase would be in lieu of the Governor’s proposed 2% bonus.

• Cost of Competing Adjustment (COCA) - This amendment would increase the COCA rate for support positions in Northern Virginia from 10.6% to 18.0%.  The amendment would provide COCA increases of 2.65% to 4.5% for outlying Northern Virginia localities.  The amendment also would add Eastern Shore to localities receiving partial COCA rate, recognizing higher teacher salaries in Maryland.

• No Loss Payments - This amendment would reduce the Governor’s proposed No Loss payments by an amount equal to 25 percent of each school division's ESSER II federal relief distribution

• Learning Loss Supplemental Payments - This amendment would propose $51.1 million to support local efforts to address COVID-19 learning loss.  Funds could be used for extended school year, summer school, tutoring, remediation and recover, counseling and student supports.  No local match would be required with payments distributed based on At-Risk Add-On formula, using a range of 0% to 6% Add-On Basic Aid, based on concentration of poverty. School divisions would be permitted to carryover funds from FY 2021 to FY 2022.

• COVID-19 Learning Loss Remediation and Recovery Grants - this amendment would propose $30.0 million from federal ESSER II state set-aside funds to support competitive grants to support innovative COVID-19 learning loss programs aligned with best practices. Such grants would be awarded by the Department of Education, in consultation with a stakeholder workgroup convened to focus on remediation and recovery needs.

• Infrastructure & Operations Per Pupil Payments – This amendment would include $30.0 million to increase payments to meet the House’s goal to distribute 40% of lottery proceeds through these funds.

• Special Education Eligibility Extension – This amendment would require school divisions to provide any student with a disability who receives special education and related services, reaches age 22 after September 30, 2020, and is scheduled to complete high school in the spring of 2021 with the option for an extension to attend high school for the duration of the 2021–22 school year.

•  Growth Assessments – This amendment would fund a redesign of grades 3-8 math and reading SOL assessments, as a growth assessment system, as directed by HB 2027.
   
• Publish Academic Year Governor's Schools Diversity Planning and Progress Information Online – this amendment would require each Academic Year Governor's School to post their diversity goals and implementation plans, and related annual progress reports to their websites. In 2020, language was added to the Appropriation Act requiring Academic Year Governor's Schools to (i) establish diversity goals for its student body and faculty, (ii) to develop a plan to meet such goals, and (iii) provide an annual progress report to the Governor including information about admissions processes, outreach and demographics; however, no requirement was included to make such information easily accessible to the public.

• JLARC review of K-12 Special Education in Virginia – a number of amendments would implement various recommendations from the JLARC report on special education, including development and implementation of a statewide strategic plan for recruiting and retaining special education teachers; embedding additional special education requirements in K-12 teacher and administrator prep programs; development of Individualized Education Program (IEP) training for teachers for licensure renewal; implementation of a plan to improve VDOE's approach to oversight and technical assistance related to postsecondary transition planning for students with disabilities; improving state monitoring of compliance with special education requirements; improving the state’s process to address special education complaint procedures and practices; and matters related to the applied studies diploma.

• Plan for Monitoring School Division Compliance with State Standards – this amendment would implement JLARC recommendations regarding the Virginia Department of Education’s supervision of school division compliance with a subset of key standards by requiring (i) the submission of more comprehensive compliance information, (ii) selective independent verification of compliance, (iii) monitoring of corrective action implementation, and (iv) analysis of compliance trends and issues.
• CTE Resource Center Database Replacement – this amendment would fund a replacement for Virginia's Career and Technical Education (CTE) curriculum database and content management system managed by the Virginia CTE Resource Center.

• Virginia Preschool Initiative Payments – This amendment would reduce the proposed per pupil increase in VPI Per Pupil Amounts to a 10% (instead of the proposed 21%) increase.

• Albuterol Supplemental Grant – This amendment would provide $120,000 to purchase albuterol for public schools as required by HB 2019.

Senate Proposed Amendments to SB 1100 of Interest to FCPS

• In Person Instruction – This amendment would require all school divisions to offer in-person instruction options in the 2021-2022 school year to a student if the parent or guardian requests.

• 3% Salary Increase – This amendment would fund the state’s share of funding for a 3% pay increase, effective August 1, 2021 for SOQ recognized instructional and support positions, which would have to be matched with each locality’s Local Composite Index adjusted local share.  This increase would be in lieu of the Governor’s proposed 2% bonus.

• Learning Loss Instructional Supports – This amendment would provide $30.0 million the second year to support one-time programs and initiatives to address learning loss experienced by students due to the COVID-19 pandemic.  Divisions could use these funds to support summer learning opportunities, extended school year programs, and additional instructional supports for the youngest learners, English language learners, and special education students. 

• Specialized Student Support Positions – This amendment would provide $49 million to fund the state’s share of three specialized student support positions per 1,000 students.  Specialized student support positions, consistent with Senate Bill 1257, includes school social workers, school psychologist, school nurses, licenses behavior analysts, licensed assistant behavior analysts, and other licensed health and behavioral positions.  A separate amendment would fund one additional specialized support position contingent on the availability of additional state revenue from revenue reforecasts prior to the close of the fiscal year.

• School Nurse Workgroup – this amendment would direct the Superintendent of Public Instruction to convene a workgroup to make recommendations on the staffing standards for school nurses. The recommendations shall include the appropriate school nurse staffing ratio and the required qualifications and training for school nurses.

• Student Growth Assessment System – this amendment would fund the provision and administration of a diagnostic assessment tool for use in the 2021-22 and 2022-23 school year pursuant to the provisions of Senate Bill 1357.

• JLARC review of K-12 Special Education in Virginia – a number of amendments would implement various recommendations from the JLARC report on special education, including development and implementation of a statewide strategic plan for recruiting and retaining special education teachers; embedding additional special education requirements in K-12 teacher and administrator prep programs; development of Individualized Education Program (IEP) training for teachers for licensure renewal; implementation of a plan to improve VDOE's approach to oversight and technical assistance related to postsecondary transition planning for students with disabilities; improving state monitoring of compliance with special education requirements; improving the state’s process to address special education complaint procedures and practices; and matters related to the applied studies diploma.

K-12 Education Related “Companion” Bills – Key Previously Reported Bills with Status Updates

The following bills have both House and Senate versions which cover similar if not identical topics.  If a bill passes the House and Senate with differences, and each chamber insists on its own version, such bills are sent to a conference committee, made up of three members from each chamber (usually including the bill’s patron).  If a conference committee comes to a resolution, that resolution is sent to the floor of each chamber for a straight up or down vote.

Teachers and Other Licensed School Board Employees; Cultural Competency HB 1904 (Jenkins) and SB 1196 (Locke) would require teacher, principal, and division superintendent evaluations to include an evaluation of cultural competency. The bills would require every person seeking initial licensure or renewal of a license from the Board of Education to complete instruction or training in cultural competency and with an endorsement in history and social sciences to complete instruction in African American history, as prescribed by the Board. The bills would also require each school board to adopt and implement policies that require each teacher and any other school board employee holding a license issued by the Board to complete cultural competency training, in accordance with guidance issued by the Board, at least every two years.  Note:  These bills remain identical.  The Senate Education and Health Committee reported HB 1904 (Jenkins) for consideration by the Senate, while SB 1196 (Locke) was reported by the House Education Committee for full House consideration.

Public Institutions of Higher Education; Certain Students; Financial Assistance Programs HB 2123 (Lopez) and SB 1387 (Boysko) would provide that students who meet the criteria to be deemed eligible for in-state tuition regardless of their citizenship or immigration status shall be afforded the same educational benefits, including financial assistance programs administered by the State Council of Higher Education for Virginia, the State Board for Community Colleges, or a public institution of higher education, as any other individual who is eligible for in-state tuition. The bills would have a delayed effective date of August 1, 2022 and would direct the State Council of Higher Education for Virginia, in coordination with institutions of higher education in the Commonwealth, to promulgate regulations to implement the provisions of the bills.  Note: these bills remain identical.  The Senate Education and Health Committee reported HB 2123 and referred it to Senate Finance and Appropriations, while SB 1387 was reported by the House Education Committee for House floor consideration.   

Get Skilled, Get a Job, Give Back (G3) Fund and Program Established HB 2204 (Filler-Corn) and SB 1405 (Saslaw) would establish the Get Skilled, Get a Job, Give Back (G3) Fund and requires the Virginia Community College System to establish the G3 Program for the purpose of providing financial assistance from the Fund to certain low-income and middle-income Virginia students who are enrolled in an educational program at an associate-degree-granting public institution of higher education that leads to an occupation in a certain high-demand field. The bills would contain provisions for student eligibility, financial assistance award amounts, and data reporting.  Note:  these bills remain identical.  The Senate Education and Health Committee reported and rereferred HB 2204 to Senate Finance and Appropriations while House Education reported SB 1405 for consideration on the House floor.

Public Schools; Severe Weather Conditions and Other Emergency Situations; Unscheduled Remote Learning Days HB 1790 (McNamara) would  provide that when severe weather conditions or other emergency situations have resulted in the closing of any school in a school division for in-person instruction, the school division may declare an unscheduled remote learning day whereby the school provides instruction and student services, consistent with guidelines established by the Department of Education to ensure the equitable provision of such services, without a reduction in the amount paid by the Commonwealth from the Basic School Aid Fund. The bill would prohibit any school division from claiming more than 10 unscheduled remote learning days in a school year unless the Superintendent of Public Instruction grants an extension.  Note:  The Senate Education and Health Committee reported this bill for consideration by the Senate.

Public Schools; Severe Weather Conditions and Other Emergency Situations; Unscheduled Remote Learning Days SB 1132 (Suetterlein) would  provide that when severe weather conditions or other emergency situations have resulted in the closing of any school in a school division for in-person instruction, the school division may declare an unscheduled remote learning day whereby the school provides instruction and student services, consistent with guidelines established by the Department of Education to ensure the equitable provision of such services, without a reduction in the amount paid by the Commonwealth from the Basic School Aid Fund. The bill would prohibit any school division from claiming more than 10 unscheduled remote learning days in a school year unless the Superintendent of Public Instruction grants an extension.  Note:  The House Education Committee amended the bill to put it into alignment with HB 1790 (McNamara) and reported it for consideration by the House.

Guidelines on Excused Student Absences; Civic or Political Engagement HB 1940 (Rasoul) would provide that, subject to guidelines established by the Department of Education, each school board shall permit one school day-long excused absence per school year for any middle school or high school student in the local school division who is absent from school to engage in a civic or political event and  may permit additional excused absences for such students who are absent for such purposes.  Note:  The Senate Education and Health Committee conformed this bill to SB 1439 (McClellan) and reported it for consideration by the Senate.

Guidelines on Excused Student Absences, Civic Engagement SB 1439 (McClellan) would require, subject to guidelines established by the Department of Education, each local school board to permit at least one school day-long excused absence per school year for any middle school or high school student in the local school division who is absent from school to engage in a civic event. The bill would allow local school boards to require that a student provide advance notice of the intended absence and documentation of participation in a civic event to be granted an excused absence.  Note:  The House Pre K-12 Subcommittee reported this bill for consideration by the House Education Committee.

Student Driver Safety HB 1918 (Mugler) would require driver education programs to include instruction on the dangers of distracted driving and speeding and a student to submit a standard application form developed by the Department of Education by which the student provides evidence that he possesses of a valid driver's license or driver privilege card before being issued a pass to park a vehicle on high school property.  Note:  The Senate Education and Health Committee conformed this bill to SB 1169 (Norment) and reported it as amended for consideration by the Senate.

High School Student Parking Passes; Valid Driver's License or Driver Privilege Card Required SB 1169 (Norment) would require each public high school to require any student who applies to obtain a pass to park a vehicle on school property to provide evidence that the student possesses a valid driver's license or driver privilege card. Note:  The House Pre K-12 Subcommittee recommended conforming this bill to HB 1918 (Mugler) and reported it for consideration by the House Education Committee.

Children's Services Act; Special Education Programs HB 2117 (VanValkenburg) would require that funds expended for special education services under the Children's Services Act only be expended on educational programs that are licensed by the Department of Education. The bill would add children and youth previously placed in approved private school educational programs for at least six months who will receive transitional services, as that term is defined in the bill, in a public school setting to the target population for eligibility for the state pool of funds, provided, however, that such funds shall be allocated for such transitional services for no longer than 12 months. The bill would require the Secretary of Education, in conjunction with the Office of Children's Services and the Department of Education, to establish a work group (the Work Group) with, at minimum, certain identified stakeholders to develop a detailed plan to direct the transfer of Children's Services Act funds currently reserved for children requiring an educational placement in a private special education day school or residential facility to the Department of Education and to develop a standardized reporting process, template, and reporting requirement for private special education day school tuition rates to ensure that tuition rates can be accurately compared across schools and over time, among other duties. The bill would require that the Work Group submit its plan and recommendations to the Chairmen of the House Committee on Appropriations and Senate Committee on Finance and Appropriations by November 1, 2021.  Note:  The Senate Education and Health Committee conformed this bill to SB 1313 (Mason) and reported and rereferred the bill to Senate Finance and Appropriations.  SB 1313 has yet to be heard by House Education.

Special Education, Department of Education; Duties; HB 2299 (Carr) would require the Department of Education to provide training and guidance documents to local school divisions on the development of Individualized Education Programs (IEPs) for children with disabilities, develop a training module for each individual who participates in an IEP meeting, with the exception of parents, annually conduct structured reviews of a sample of IEPs from a sufficiently large sample of local school divisions to verify that the IEPs are in compliance with state and federal laws and regulations, develop and maintain a statewide plan for improving (a) its ongoing oversight of local practices related to transition planning and services for children with disabilities and (b) technical assistance and guidance provided for postsecondary transition planning and services for children with disabilities, develop and maintain a statewide strategic plan for recruiting and retaining special education teachers, and conduct a one-time targeted review of the transition sections of a random sample of students' IEPs in each school division; communicate its findings to each local school division, school board, and local special education advisory committee; and ensure that local school divisions correct any IEPs that are found to be out of compliance no later than the end of the 2021-22 school year.  Note:  The Senate Public Education Subcommittee conformed this bill to SB 1288 (Dunnavant) which is not identical to HB 2299 and reported it for consideration to the Senate Education and Health Committee.  SB 1288 has not yet been heard by the House Education Committee.

Special Education Regulations;; Amendment HB 2314 (Mugler) would require the Board of Education to amend a certain regulation relating to special education to remove the word "component" following the word "evaluation," thereby ensuring compliance with the relevant federal regulation and clarifying that the parent of a child with a disability has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the local educational agency.  Note:  The Senate Education and Health Committee reported this bill for consideration by the Senate.

Special Education and Related Services for Students With Disabilities HB 2316 (Mundon King) would require the Department of Education to update its special education eligibility worksheets as necessary, including clarifying any ambiguity or vagueness in eligibility criteria, and provide to each local school division the appropriate level of guidance on eligibility determinations for special education and related services. The bill would require the Board of Education to amend its regulations to ensure that each education preparation program graduate in a K-12 general education endorsement area demonstrates proficiency in understanding the role of general education teachers on the individualized education program (IEP) team.  Note:  The Senate Public Education Subcommittee reported this bill for consideration by the Senate Education and Health Committee.

Standards of Learning Assessments; Reading and Mathematics; Grades Three Through Eight; Individual Student Growth HB 2027 (Coyner) would require the Board of Education to establish, in lieu of a one-time end-of-year assessment and for the purpose of providing measures of individual student growth over the course of the school year, a through-year growth assessment system, aligned with the Standards of Learning, for the administration of reading and mathematics assessments in grades three through eight. The bill would require such through-year growth assessment system to include at least one beginning-of-year and one end-of-year assessment in order to provide individual student growth scores over the course of the school year, provided that the total time scheduled for taking all such assessments shall not exceed 150 percent of the time scheduled for taking a single end-of-year proficiency assessment. The bill would require the Department of Education to ensure adequate training for teachers and principals on how to interpret and use student growth data from such assessments to improve reading and mathematics instruction in grades three through eight throughout the school year. The bill would require such through-year growth assessment system to be fully implemented in each local school division no later than the 2024-2025 school year.  Note:  The Public Education Subcommittee reported this bill for consideration by the Senate Education and Health Committee. HB 2027 is similar to SB 1357 (Dunnavant), which has already passed the Senate.  A decision whether the Senate will conform the bills will not be made until prior to the meeting of the full Senate Education and Health Committee.  SB 1357 has yet to be considered by the House Education Committee.

K-12 Education Related Bills – Key Bills Previously Reported with Status Updates

Student Driver Education Program; Parent Participation Exemption HB 2119 (Keam) would exempt students who are at least 18 years old, emancipated minors, or (iii) unaccompanied minors who are not in the physical custody of their parent or guardian from the requirement to participate in the parent/student component of a school's driver education program.  Note:  The Senate Education and Health Committee reported this bill for consideration by the Senate.

Lock-Down Drills; Annual Requirement HB 1998 (Murphy) would reduce from three to two the minimum number of mandatory annual lock-down drills in each public elementary and secondary school in the Commonwealth.  Note:  The Senate Education and Health Committee reported this bill for consideration by the Senate.

Electronic Meetings, Virginia Freedom of Information Act HB 1931 (Levine) would authorize a public body to conduct through electronic communication means a meeting for which, on or before the day of the meeting, a member of the public body holding the meeting notifies the chair that such member is unable to attend the meeting due to a family member's medical condition that requires the member to provide care for such family member, thereby preventing the member's physical attendance. The bill would also clarify that participation in an electronic meeting by a member of a public body due to the inability to attend because of a personal matter is limited each calendar year to two such meetings, which is current law, or 25 percent of the meetings held that calendar year rounded up to the next whole number, whichever is greater. This bill is a recommendation of the Virginia Freedom of Information Advisory Council.  Note the bill was reported from the Senate General Laws and Technology Committee and will now be considered by the full Senate.

Temporary Extension of Certain Licenses HB 1776 (Ward) would require the Board of Education to grant a two-year extension of the license of any individual licensed by the Board whose license expires on June 30,2021, in order to provide the individual with sufficient additional time to complete the requirements for licensure. Note: The Senate Education and Health Committee reported and rereferred this bill to Senate Finance and Appropriations.

Certain Students in Kindergarten Through Grade 3; Reading Intervention Services HB 1865 (Delaney) would require reading intervention services for students in kindergarten through grade three who demonstrate deficiencies based on their individual performance on the Standards of Learning reading test or any reading diagnostic test that meets criteria established by the Department of Education to be evidence-based, including services that are grounded in the science of reading, and include explicit, systematic, sequential, and cumulative instruction, to include phonemic awareness, systematic phonics, fluency, vocabulary development, and text comprehension as appropriate based on the student's demonstrated reading deficiencies. The bill would require the parent of each student who receives such reading intervention services to be notified before the services begin and the progress of each such student to be monitored throughout the provision of services.  Note:  The Public Education Subcommittee reported this bill for consideration by the Senate Education and Health Committee.

Public Elementary and Secondary Schools; Possession and Administration of Undesignated Stock Albuterol Inhalers and Valved Holding Chambers HB 2019 (McQuinn) would require each local school board to adopt and implement policies for the possession and administration of undesignated stock albuterol inhalers and valved holding chambers in every public school in the local school division, to be administered by any school nurse, employee of the school board, employee of a local governing body, or employee of a local health department who is authorized by the local health director and trained in the administration of albuterol inhalers and valved holding chambers for any student believed in good faith to be in need of such medication. The bill would require the Department of Health, in conjunction with the Department of Education, to develop and implement policies for the administration of stock albuterol in public schools.  Note:  The Public Education Subcommittee reported a substitute for consideration by the Senate Education and Health Committee.  The substitute would delay implementation until January 1, 2022.

Public Schools; Seizure Management and Action Plans, Biennial Training, Effective Date SB 1322 (DeSteph) would provide for the submission and utilization of seizure management and action plans for students with a diagnosed seizure disorder. The bill would require that school nurses and certain school division employees biennially complete Board of Education-approved training in the treatment of students with seizure disorders. The bill would provide immunity from civil liability for acts or omissions related to providing for the care of a student under a seizure management and action plan. The bill would have a delayed effective date of July 1, 2022.  Note:  The House Pre K-12 Subcommittee reported this bill as amended for consideration by the House Education Committee.  The amendment would clarify that each seizure management and action plan is separate from any individualized education program (IEP) or Section 504 Plan that is in place for the student and that nothing in such a plan shall be construed to abrogate any provision of any IEP or Section 504 Plan that is in place for the student.

School Board Policies; School Meal Debt; Enforcement HB 2013 (Roem) would require each school board to adopt a policy that prohibits the board from filing a lawsuit against a student or the student's parent because the student cannot pay for a meal at school or owes a school meal debt.  Note:  The Public Education Subcommittee reported this bill for consideration by the Senate Education and Health Committee.

Guidance on the Governance of Academic Year Governor's Schools HB 2305 (Tyler) would require the Board of Education to issue guidance on the governance of academic year Governor's Schools, including communication and outreach practices, admissions policies, and guidelines on diversity, equity, and inclusion training. The bill would require such guidance to focus on the importance of increasing access to Governor's Schools for historically underserved students and to include best practices on conducting information sessions about the school and the availability of gifted, advanced, and specialty education program opportunities for feeder public middle schools; strengthening the student pipeline in feeder public middle schools, prioritizing the most underserved and underrepresented students and public middle schools; and conducting programs related to and evaluations of diversity, equity, and inclusion. The bill would require the Board of Education, in developing such guidance, to collaborate with relevant stakeholders representing the geographical areas served by the Regional Governor's Schools, including local school boards representing the geographical areas served by the Regional Governor's Schools, Regional Governor's School boards, and Governor's School directors.  Note:  The Senate Public Education Subcommittee reported this bill for consideration by the Senate Education & Health Committee.

School-based health services; telemedicine SB 1307 (Dunnavant) would direct the Board of Medical Assistance Services to amend the state plan for medical assistance services to provide for payment of medical assistance services delivered to Medicaid-eligible students when such services qualify for reimbursement by the Virginia Medicaid program and may be provided by school divisions, regardless of whether the student receiving care has an individualized education program or whether the health care service is included in a student's individualized education program. The bill would specify that such services shall include those covered under the state plan for medical assistance services or by the Early and Periodic Screening, Diagnostic, and Treatment benefit as specified in § 1905(r) of the federal Social Security Act, and shall include a provision for payment of medical assistance for health care services provided through telemedicine services. The bill also would require the Department of Medical Assistance Services to provide technical assistance to the Department of Education and local school divisions to facilitate their understanding of and compliance with federal ordering, referring, and prescribing provider screening and enrollment requirements.  Note the bill was reported by the House Health, Welfare, and Institutions Committee for consideration by the full House.

Electric school bus projects SB 1380 (Lucas) would authorize electric utilities to partner with school divisions to implement projects designed to encourage the proliferation of school buses that are fueled in whole or in part by electricity, along with associated charging and other infrastructure, for the purpose of transporting students and that may also serve as electric grid stabilization or peak-shaving resources. The bill would provide that if an electric school bus project meets the requirements in the bill, then it is in the public interest and may constitute an energy storage resource. The bill would require an electric school bus project and its corresponding agreement to include a provision to compensate a participating school division for the use of the school bus battery by the electric utility as a grid stabilizing or peak-shaving resource and a provision that the electric school buses shall be titled under the participating school division, but the utility shall own the associated batteries and charging stations. The bill also would provide a tax exemption for electric school buses and associated charging and other infrastructure that is related or incidental to an authorized electric school bus project.  Note the bill was amended by the House Labor and Commerce Committee and passed for consideration by the full House.

Board of Education; Membership; Geographic Representation HB 1827 (Austin) would require the nine-member Board of Education to include at least five members, appointed by the Governor, who each reside in different superintendent's regions in the Commonwealth.  Note:  The Senate Education and Health Committee reported this bill, a JLARC recommendation, for consideration by the Senate.

Computer Science Standards, Courses, and Pathways in Public Schools; Comprehensive Review HB 1885 (Simonds) would require the Department of Education to perform a comprehensive review of the ongoing implementation of mandatory computer science standards in elementary schools and middle schools and the alignment of middle school and high school computer science courses and course pathways.  Note:  The Senate Education and Health Committee reported this bill for consideration by the Senate.

Economic Education and Financial Literacy Required in Middle and High School Grades; Employment Arrangements HB 1905 (Cole, J.G.) would add to objectives developed and approved by the Board of Education for economics education and financial literacy at the middle and high school levels the implications of various employment arrangements with regard to benefits, protections, and long-term financial sustainability.  Note:  The Senate Education and Health Committee reported this bill for consideration by the Senate.

Virginia STEM Education Advisory Board; Established; Report HB 2058 (Simonds) would create the Virginia Science, Technology, Engineering, and Mathematics (STEM) Advisory Board to create a unified vision regarding STEM education initiatives, language, and measures of success to promote a culture of collaboration for STEM programming in the Commonwealth.  Note:  The Senate Education and Health Committee reported and referred this bill to Senate Finance and Appropriations.

Definition of "Traumatic Brain Injury" HB 2182 (Wilt) would require the Board of Education to amend its regulatory definition of "traumatic brain injury," for the purpose of the provision of special education for children with disabilities, to include an acquired injury to the brain caused by a medical condition, including stroke, anoxia, infectious disease, aneurysm, brain tumors, and neurological insults resulting from medical or surgical treatments.  Note:  The Senate Education and Health Committee reported this bill for consideration by the Senate.

School Nurses; Nomenclature HB 1736 (Adams) would prohibit any individual who provides nursing services in a public elementary or secondary school as a school board employee or through a contract with the local health department from using the title of school nurse unless such individual is a registered nurse who possesses an active license to practice in the Commonwealth.  Note:  The Public Education Subcommittee reported the House substitute for consideration by the Senate Education and Health Committee.

Carbon Monoxide Detectors Required HB 1823 (Askew) would require each building that was built before 2015 and that houses any public school classroom for students, licensed child day program, or other program that serves preschool-age children to be equipped with at least one carbon monoxide detector.  Note:  The Public Education Subcommittee reported this bill for consideration by the Senate Education and Health Committee.

Loudoun County School Board; Staggered Terms HB 1838 (Reid) would enable the Loudoun County school board to stagger the terms of its members at the November election immediately preceding the end of the board's term and upon the board's prior vote for staggered terms.  Note:  The Public Education Subcommittee reported this bill for consideration by the Senate Education and Health Committee.

Certain School Board Property; Establishment of Gun-Free Zone Permitted HB 1909 (Subramanyam) would permit any school board to deem any non-school zone property that it owns or leases as a gun-free zone and prohibit any individual from knowingly possessing, purchasing, transferring, carrying, storing, or transporting firearms, ammunition, or components or combination thereof while such individual is upon such property, except certain individuals such as law-enforcement officers and qualified retired law-enforcement officers.  Note:  The Public Education Subcommittee reported this bill for consideration by the Senate Education and Health Committee.

Early Childhood Education; Quality Rating and Improvement System Participation; School Readiness Committee HB 2105 (Bulova) would delay until the 2022 - 2023 school year the requirement for all publicly funded early childhood education providers to participate in a quality rating and improvement system to be established by the Board of Education by July 1, 2021. The bill would also delay from the fall of 2023 to the fall of 2024 the publication of initial quality ratings for such providers. The bill would reinstate the School Readiness Committee and alter the composition and scope of the work of the School Readiness Committee.  Note; The Public Education Subcommittee reported this bill for consideration by the Senate Education and Health Committee.

Certain School Boards; Student Meals; Participation in the Afterschool Meal Program HB 2135 (Roem) would require each school board that governs a local school division that has a student population that qualifies for free and reduced-price meals at a minimum percentage of 50 percent in the prior school year and simultaneously offers educational or enrichment activities and is consequently eligible to participate in the Afterschool Meal Program administered by the U.S. Department of Agriculture Food and Nutrition Service (FNS) Child and Adult Care Food Program to apply to the Department of Education to participate in the Afterschool Meal Program for each such school to subsequently and simultaneously serve federally reimbursable meals and offer an afterschool education or enrichment program, pursuant to FNS guidelines and state health and safety standards. The bill would require the Department of Education to administer the Afterschool Meal Program on behalf of the U.S. Department of Agriculture. The bill would provide that the Superintendent of Public Instruction shall issue a waiver to this requirement upon determination that participation is not financially viable for a school or group of schools. The bill would require the Department of Education to develop a process and criteria for evaluating such waivers. The bill would have a delayed effective date of July 1, 2022.  Note:  The Public Education Subcommittee

School Board Policies; Abusive Work Environments; Definitions HB 2176 (Torian) would define, for the purposes of mandatory school board policies relating to abusive work environments, the terms "abusive conduct," "abusive work environment," "physical harm," and "psychological harm." The bill would clarify that the requirement to adopt such policies shall not be construed to limit a school board's authority to adopt policies to prohibit any other type of workplace conduct as the school board deems necessary.  Note:  The Senate Public Education Subcommittee reported this bill for consideration by the Senate Committee on Education and Health.

Public School Assistance Fund and Program; Created SB 1106 (Stanley) would create the Public School Assistance Fund and Program, to be administered by the Department of Education, for the purpose of providing grants to school boards to be used for the purposes of repairing or replacing the heating, ventilation, air conditioning, electrical, or plumbing systems or the roofs of public elementary and secondary school buildings in the local school division, including financing costs for such repairs and replacements. The bill would permit any school board in the Commonwealth to apply for Program grants but requires the Department of Education to give priority in the award of grants to school boards that demonstrate the greatest need based on the condition of existing school building roofs and the ability to pay for the repair or replacement of such roofs.  Note:  The House Pre K-12 Subcommittee reported this bill for consideration by the House Education Committee.

Broadband Services; School Boards to Appropriate Funds for Expansion of Services for Education SB 1225 (Boysko) would authorize school boards to appropriate funds for the purposes of promoting, facilitating, and encouraging the expansion and operation of broadband services for educational purposes. The bill would authorize school boards to partner with private broadband service providers to promote, implement, and subsidize broadband for educational purposes to the households of students who would qualify for a child nutrition program or any other program recognized or adopted by the local school board as a measuring standard to identify at-risk students. Note:  The House Pre K-12 Subcommittee reported this bill for consideration by the House Education Committee.

K-12 Education Related Bills - Failed Legislation

Department of Health; certain communication prohibited SB 1235 (Peake) would have prohibited any person employed by or who has entered into a contract to provide services on behalf of the Department of Health or a local department of health from initiating communication regarding the following matters with a minor on behalf of the Department or local department of health without the consent of the minor's parent or guardian or person serving in loco parentis: family living and community relationships; the benefits, challenges, responsibilities, and value of marriage for men, women, children, and communities; the value of family relationships; abstinence education; the value of postponing sexual activity; the benefits of adoption as a positive choice in the event of an unwanted pregnancy; human sexuality; human reproduction; the prevention of human trafficking; dating violence, the characteristics of abusive relationships, steps to take to deter sexual assault, the availability of counseling and legal resources, and, in the event of such sexual assault, the importance of immediate medical attention and advice, as well as the requirements of the law; the etiology, prevention, and effects of sexually transmitted diseases; and mental health education and awareness. The bill would have clarified that its provisions do not apply to school nurses, physicians, or Department employees or agents who are inquiring about medical conditions, outbreaks, pandemics, or any other declared state of emergency relating to a communicable disease or public health threat.  Note the bill was not reported from the House Health, Welfare, and Institutions Committee.