2022 General Assembly Weekly Update

2-11-2022

Week ending February 11, 2022
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.

This past week was the last full week to complete work on legislation prior to the Crossover deadline on February 15th.  Consequently, Committees dealt with lengthy agendas and in some cases scheduled additional meetings. Each chamber has until Tuesday to complete work on its own bills, excepting the budget.  Post Crossover, the House will only consider bills that passed in the Senate, and vice versa.   All legislation must pass in both the House and the Senate.  If bills pass in different forms in the two chambers, a conference committee will be convened to address the differences.

K-12 Education Related Bills – Current Bill Status

In Person Instruction/Mask Mandates

  • HB 1272 (Batten) and SB 739 (Dunnavant) would, except for 10 allowable unscheduled virtual instructional days, require the offer of full time, in person instruction to all Virginia students. Both were amended to allow parental choice on masking, SB 739 passed Senate and in House Education, HB 1272 still under consideration in House

Academic Year Governor’s Schools Admissions

  • HB 127 (Davis) would prohibit the use of regional allocations of seats or consideration of demographic or socioeconomic factors in the admissions process for academic year governor’s school admissions. Passed House, will be considered in Senate post-crossover

Equity/Curriculum and Instructional Materials Review

  • HB 787 (LaRock) and SB 570 (Kiggans) would prohibit “inherently divisive concepts” from curriculum and instruction and require school principals to ensure compliance. HB 787 still under consideration in House, SB 570 failed in Senate

Instructional/Library Materials Review

  • HB 1009 (Durant) and SB 656 (Dunnavant) would require notification of any potentially sexually explicit instructional material, including identification of specific content, and opportunity to opt out of any related assignments. SB 656 passed in Senate, HB 1009 still under House consideration

Charter Schools

  • Public Charter Schools; Applications; Review and Approval HB 344 (Davis) SB 608 (Suetterlein) would allow charter applicants to bypass local school board approval and go straight to the state Board of Education to seek charters.  HB 344 failed to advance in the House, SB 608 failed to advance in the Senate
  • Regional Charter Schools HB 356 (Tata, Batten) and SB 125 (Obenshain) would bypass local school boards by allowing the state Board of Education to create essentially overlapping school divisions on top of two or more existing districts, which would have a separate governance Board to create and govern charters. SB 125 failed in Senate, HB 356 still under consideration in House.

Collective Bargaining

  • Local Collective Bargaining HB 883 (Byron) and SB 374 (Obenshain) would repeal local authority to authorize collective bargaining.  HB 883 is still under consideration in the House, while SB 374 failed in the Senate.
  • Compensation for Union Activities HB 337 (Freitas) – Reported from House Commerce and Energy, awaiting House floor consideration
  • Labor Union Dues Deduction Authorization HB 341 (Freitas) – Reported from House Commerce and Energy, awaiting House floor consideration

College Partnership Laboratory Schools

  • HB 346 (Davis) and SB 598 (Pillion) would allow the State Board of Ed to grant charters to institutions of higher education (and in the case of HB 346, private businesses) to create and operate K12 lab schools Both are still under consideration, SB 598 has been significantly amended

COVID

  • Immunizations; Authority of the Commissioner of Health; Religious Exception HB 306 (Freitas) – The Health, Welfare and Institutions Committee reported this bill for consideration by the full Committee with an amendment that would permit a person, including a parent or guardian on behalf of a child, who objects on the grounds that the administration of the vaccine conflicts with his religious tenets or practices to be exempt from required immunizations. The bill will now be considered by the full House.
  • Test-to-Stay Guidelines SB 431 (Dunnavant) – The Senate amended this bill on the floor so that it would require the Department of Education and Department of Health to collaboratively develop the required guidelines which would immediately go into effect.  The Senate passed this bill which will now be forwarded to the House for consideration following Crossover.
  • Unemployment Compensation; Disqualification for Benefits; Misconduct Does Not Include Refusing COVID-19 Vaccine HB 1201 (Byron) – The House passed this bill which will now be forwarded to the Senate for consideration following Crossover and SB 646 (Cosgrove) – The Senate Commerce & Labor Committee passed this bill by indefinitely.
  • Virginia Pandemic Response and Preparedness Council; Report; Sunset HB 87 (Ware) – The House passed a substitute of this bill which will now be forwarded to the House for consideration following Crossover.

Cultural Competency/Equity

  • Cultural Competency Training HB 1093 (Batten) would require school boards to conduct a public hearing prior to the adoption of any policies regarding cultural competency training. Still under consideration in the House.
  • Office of Diversity, Equity, and Inclusion SB 735 (Ruff) and HB 1300 (Frietas) would rename the Director of Diversity, Equity, and Inclusion to the Director of Diversity, Opportunity, and Inclusion.  SB 735 was defeated in the Senate, while HB 1300 is still under consideration in the House.

Electronic Meetings

  • FOIA - Meetings Conducted Through Electronic Meetings HB 444 (Bennett-Parker) – Passed the House and is waiting to be heard by the Senate after crossover.  SB 214 (McPike) – This bill was defeated by the Senate. 

Family Life

  • Opt In Provision HB 789 (LaRock) would change current family life opt out provisions to an opt in. Still under consideration in the House
  • Family Life Education Curricula, Certain; Optional Instruction on Human Trafficking HB 1023 (Guzman) – The House Education Committee reported this bill with a substitute for consideration by the full House.

FOIA

  • Records Requests HB 307 (Freitas) would require public bodies to make all reasonable efforts to supply requested records via FOIA at the lowest possible cost and to supply cost estimates to requesters.  Still under consideration in the House.

Instructional Technology/Cybersecurity

  • Broadband; Annual Report. SB 724 (Pillion) The Senate passed this bill, which would require an annual report of households without broadband.  The bill will now be forwarded to the House for consideration following Crossover.
  • Digital tools, accessibility. HB 1246 (Tran) The House Appropriations Committee reported an amended version of this bill that would require convening a work group to provide input and recommendations regarding procurement of accessible digital tools.  The bill will now be considered by the full House.
  • Security of Government Databases and Data Communications SB 764 (Barker) and HB 1290 (Hayes) Both bills were similarly amended and would require reporting of cybersecurity incidents and the establishment of a work group of stakeholders to review cybersecurity reporting and information sharing.  Both bills passed their respective bodies and will now be forwarded to the other body for consideration following Crossover.
  • Statewide Learning Management System Established SB 384 (Dunnavant) – The Senate Finance & Appropriations Committee reported the bill for consideration by the full House.
  • Digital Citizenship, Internet Safety, and Media Literacy Advisory Council; Established, Sunset date HB 1026 (Guzman) – House Education reported this bill for consideration by the full House. 

Instruction/Curriculum

  • Local School Boards and Comprehensive Community Colleges; Compensation Structure HB 271 (Byron) The House passed this bill and forwarded it to the Senate to address following Crossover.
  • Instruction on Climate Change SB 362 (Hashmi) The Senate passed this bill and forwarded it to the House for consideration following Crossover
  • STEM + C; Included in Standards of Learning HB 221 (Davis) – The Appropriations Committee reported this bill for consideration by the full House.   SB 261 (Hashmi) – The Senate Finance and Appropriations Committee reported this bill for consideration by the full Senate.
  • Public Middle Schools; Physical Education to Include Personal Safety Training HB 1215 (Ransone) – Passed the House, will be considered by the Senate.
  • Instruction Concerning Gambling HB 1108 (Rasoul) – The House Education Committee reported an amended version.  This bill is now in the process of being considered by the House.

Interscholastic Sports

  • Home School Participation, Interscholastic Sports - HB 511 (March) Would require the Virginia High School League to deem home instruction students eligible for interscholastic sports (“Tebow” Bill)  Passed the House, will be taken up by Senate post Crossover

Literacy

  • HB 319 (Coyner) and SB 616 (Lucas) would create the Virginia Literacy Act, shifting literacy instruction to science based instructional practices – Both have passed their original chamber, will be considered by the other.

Personnel

  • Rights of State and Local Employees; Freedoms of Conscience and Expression HB 384 (Davis) – The Committee on General Laws reported this bill for consideration by the full House.

School Board Governance

  • Nonvoting Student Advisor; Governor to Appoint to the Board of Education HB 1188 (Davis) – House Education reported this bill for consideration by the full House.

School Buses/Drivers

  • Commercial Driver’s License Examinations SB 301 (Deeds) Passed the Senate and following Crossover will be considered by the House.
  • Driver Training HB 530 (Batten) – The House passed this bill which will now be forwarded to the House for consideration following Crossover.
  • Examinations HB 1146 (Bell) – The House incorporated HB 628 (Hudson) and passed this bill which will now be forwarded to the House for consideration following Crossover.

School Construction and Modernization

  • School Construction Matching Grant Fund and Program HB 563 (O’Quinn) – The House Appropriations committee reported this bill and it awaits floor consideration.

School Health

  • Early Childhood Care and Education Entities Administration of Epinephrine HB 1328 (Delaney) The House Education Committee reported this bill as amended to require an appropriate weight-based dosage of epinephrine.  The bill will now be considered by the full House.  SB 737 (Boysko) – The Senate passed this bill with an amendment that also required an appropriate weight-based dosage.  Following Crossover, the bill will be considered by the House. 
  • Health, Department of; certain communication prohibited. HB 156 (Byron) Awaiting consideration on the House floor.
  • Heat-Related Illness; Guidelines SB 161 (Hashmi) – This bill passed the Senate and following Crossover will be considered by the House
  • School Health Services Committee HB 215 (Robinson) – The House Education Committee reported a substitute for this bill.  It will now be considered by the full House.  SB 62 (Favola) – Waiting to be heard on the Senate floor
  • School Health Services Information; Survey SB 704 (Kiggins) – Awaiting consideration on the Senate floor.

School Meals Program

  • Ability to Pay for Meals and School Meal Debt; Extracurricular School Activities HB 583 (Roem) – This bill passed the House and following Crossover will be considered by the Senate.
  • School Breakfast Program and National School Lunch Program; Processing of Applications HB 587 (Roem) – This bill passed the House and following Crossover will be considered by the Senate.

School Resource Officers

  • School Resource Officers in Every School - HB 873 (Greenhalgh) and SB 415 (DeSteph) would require one School Resource Officer in every school in Virginia. SB 415 failed in the Senate. HB 873, which has been amended to allow for either an SRO or a School Security Officer, is still under consideration in the House

Special Services

  • Children Who Are Deaf or Hard of Hearing; Language Development Assessment Resources HB 649 (Carr) – Under consideration by the full House.  SB 265 (Hashmi) is under consideration on the Senate floor.
  • High School Students; Instruction Concerning Post-Graduate Opportunities HB 1299 (Coyner) – House Education reported this bill for consideration by the full House.
  • Children’s Services Act; Parent Representatives; Community Policy and Management Teams; Family Assessment and Planting Team SB 435 (Barker) – Passed the Senate and following Crossover will be considered by the House.

Standards of Accreditation/Graduation Requirements

  • High School Graduation; Alternative Pathways to the Advanced Studies Diploma;  Associated Diploma Seals HB 340 (Davis) – The House Education Committee reported a substitute that would make the stipulations of this bill effective beginning with the 2023-24 school year.  The bill is now in the process of being considered by the House.
  • Standards of Accreditation/Mathematics Standards HB 938 (Robinson) – The House Education Committee reported this bill as amended with a requirement for involving an expanded group of stakeholders and reducing or eliminating disparities among student groups.  The bill will now be considered by the full House. SB 558 (Suetterlein) – The Senate Education and Health Committee passed this bill by indefinitely.  

Standards of Quality

  • English Language Learners SB 156 (Hashmi) – The Senate Finance and Appropriations Committee amended this bill to match language included in the Governor’s Introduced budget to increase staffing standard for English learner teachers from 20 per 1,000 students to 22 per 1,000.  The bill is on the Senate floor.
  • School Counselors; Staffing Ratios; Flexibility HB 829 (Wilt) – Passed House, will be considered by Senate after crossover
  • Standards of Quality; Board of Education Recommendations Work-Based Learning; Teacher Leaders and Mentors; Principal Mentors; Certain Personnel Positions and Initiatives. HB 1135 (Bourne) – This bill is before the House Appropriations Committee SB 490 (McClellan) – The Senate Finance & Appropriations Committee reported a substitute for this bill, which now only increases staffing for specialized student support positions which will now be considered by the Senate.
  • School Quality Profiles; Teacher Data SB 662 (Lucas) – The Senate passed this bill which will now be forwarded to the House for consideration following Crossover.
  • High School Graduation; Alternative Pathways to the Advance Diploma HB 340 (Davis) – House Education reported this bill with a substitute for consideration by the full House

Student Counseling

  • Parental Consent HB 1034 (Ransone) – The House passed this bill.  It will be considered by the Senate following Crossover.

Student Discipline   

  • Disorderly Conduct HB 89 (Walker) would reinstate the criminal charge of disorderly conduct for high school students on school grounds – Passed House, will be taken up by Senate post Crossover.
  • Incident Reporting HB 4 (Wyatt) and SB 36 (Norment) would require principals to report a broader array of school-based offenses to law enforcement than is currently provided for in law. GOV – HB 4 has passed House, Senate version still under consideration
  • Juvenile Law-Enforcement Records; Disclosures to School Principals SB 649 (Hanger) – The Senate Judiciary Committee reported this bill for consideration by the full Senate.

Student Safety

  • Annual School Safety Audits – Collaboration with Law Enforcement HB 1129 (Taylor) and SB 600 (Pillon) – Both bills were amended to remove required approval of the chief law-enforcement officer.  They have passed their respective bodies and will now be considered by the other body following Crossover.
  • Annual School Safety Audits – Building Blueprints HB 741 (Bell) has passed the House and will now be considered by the Senate.

Student Testing

  • Middle and High School End-of-Course Assessments; Number and Type HB 585 (VanValkenburg) – The bill is under consideration on the House floor.
  • Student Growth Assessment; Alternatives HB 197 (Webert) – The House Education Committee reported a substitute for consideration by the full House. The bill is in the process of being considered by the House.

Taxation

  • Additional Local Sales and Use Tax; Use of Revenues for Construction or Renovation of Schools SB 472 (McClellan) Passed the Senate and will now be forwarded to the House for consideration.  HB 531 (Hudson) and HB 1099 (LaRock) both failed to report from House Finance.
  • Sales Tax; Exemption for Food Purchased for Human Consumption and Essential Personal Hygiene Products HB 90 (McNamara) passed House Appropriations and is under consideration on the House floor.  SB 380 (McDougle) and SB 571, SB 609 (DeSteph) were incorporated into SB 451 (Boysko) The Senate Finance & Appropriations Committee reported SB 451 for consideration by the Senate.

Teacher Licensure Flexibilities

  • Provisional Teacher Licensure; Teachers Licensed or Certified Outside of the United States HB 979 (Tran) –This bill is before the House. SB 68 (Favola) – This bill passed the Senate and will be considered by the House following Crossover.
  • Applications for Teacher Licensure Reciprocity; Military Spouses; Timeline for Determination HB 230 (Coyner) and SB 154 (Locke) Both bills have passed their respective bodies and have been forwarded for consideration by the other Chamber.
  • Authority to Temporarily Extend Certain Teachers’ Licenses HB 236 (Orrock) – Passed the House and has been forwarded for consideration by the Senate.

 Virginia Retirement System (VRS)

  • Employer Contributions HB 473 (Bulova) and SB 70 (Newman) – Both bills have passed their respective bodies and forwarded for consideration following Crossover.

Vouchers/Tax Credits/Education Savings Accounts

  • Scholarship Tax Credit – Unsafe Schools HB 294 (Frietas) would grant a scholarship tax credit to students deemed in need of a safer school environment to be used at another public school either within or outside their home district.  Passed House, will be considered by Senate after crossover.
  • Education Savings Account HB 1024 (LaRock) would create education savings accounts allowing public K12 education funding dollars to be used for private school or home schooling.  Still under consideration in House

Bills not yet acted upon

The following bills have not been acted up in their chamber of origin.  Should they not be taken up prior to crossover, they will fail.

Academic Year Governor’s Schools Admissions

  • Regional Admissions Working Group HB 438 (Subramanyam)

COVID

Family Life

  • Ultrasound Viewing HB 785 (LaRock)

Freedom of Information Act – FOIA Requests

  • Allowable Charges for FOIA Requests HB 599 (Roem)

Instructional/Library Materials Reviews

Personnel

  • Overtime Pay Requirements; Volunteers HB 61 (McGuire)

School Buses/Drivers

  • Public School Buses; Decals; "In God We Trust" and "One Nation Under God HB 113 (March)

School Funding

  • JLARC; True Cost of Education; At-Risk Add-On and Composite Index of Local Ability-To-Pay. HJ 31 (VanValkenburg)
  • JLARC; Increasing the Progressivity of Virginia's Individual Income Tax System; Report HJ 24 (Watts)

Student Safety

  • Control of Firearms by School Boards and Localities HB 391 (Freitas), HB 26 (Anderson), HB 483 (Freitas), and HB 1033 (Davis)

Taxation

  • Sales Tax on Food HB 1008 (Durant) has not been heard in the House. 

Vouchers/Tax Credits/Education Savings Accounts Vouchers

Bills Continued to 2023

In the first year of a biennium, the General Assembly has the option to “continue” legislation to the following year.  Functionally speaking, this means the bill is no longer active during the current Session but can be picked back up for consideration the following year.  Any such legislation would still have to proceed through the entire legislative process (e.g. pass both House and Senate) in the following year.

Instruction/Curriculum

  • Public School Trades Incentive Fund and Program; Established SB 628 (Stanley)
  • Standardized Health Care Academy Program; Established SB 751 (Dunnavant)

Personnel

  • Marijuana Criminal History Information; Disclosure to State and Local Governments by Job Applicants SB 702 (Kiggans)
  • Overtime Pay Requirements; Volunteers SB 454 (Boysko)

School Construction

School Health

  • Virginia Children's Cabinet HB 1149 (Guzman)

Student Discipline   

  • Student Codes of Conduct HB 1124 (Anderson)
  • Parental Notification of Certain Threats, Behavior, and Unlawful Acts HB 1315 (Anderson)

Student Safety

  • Parental Notification of Certain Threats, Behavior, and Unlawful Acts; Panic Alarms HB 1125 (Anderson)

Student Testing

  • Individual Student Growth SB 430 (Dunnavant)

Special Services

  • Children’s Service Act; Special Education Programs SB 356 (Stuart)

Additional K-12 Bills Not Previously Reported

Instruction

Public School Trades Incentive Fund and Program; Established HB 1064 (Brewer) would establish the Public School Trades Incentive Fund (the Fund) and the Public School Trades Incentive Program (the Program) for the purpose of providing grants on a competitive basis from the Fund to any school board that seeks to restore high school programs that teach students skilled trades that lead to earning industry-recognized certifications or credentials or create or restore middle school programs that encourage and recruit students to participate in high school programs that teach students skilled trades that lead to earning industry-recognized certifications or credentials.  Note:  The House Appropriations Committee reported this bill for consideration by the full House.

School Buses/Drivers 

Commercial Driver's Licenses HB 553 (O’Quinn) would direct the Secretary of Transportation, in consultation and working with various agencies of the Commonwealth, to implement various initiatives related to commercial driver's licenses. The bill would sunset on July 1, 2023. Note:  The Appropriations Committee reported this bill for consideration by the full House.

School Buses; Commercial Use SB 774 (Dunnavant) would permit the school board of any school division to enter into agreements with any third-party logistics company to allow for the use of the school buses of such school division by such third-party logistics company.  Note:  The Senate Education & Health Committee reported a substitute for this bill which will now be considered by the full Senate.

School Construction

School Boards and Local Governing Bodies; Unexpended Local Funds; School Maintenance, Renovation, and Construction SB 481 (McClellan) would encourage each school board to enter into a collaborative agreement with the local governing body to set aside in a separate fund any sums appropriated to the school board by the local governing body that are unexpended by the school board in any year in order to use such sums to finance school maintenance, renovation, or construction in the local school division. The Senate Finance and Appropriations Committee reported this bill for consideration by the Senate.

Tax Credits

Education Improvement Scholarships Tax Credits; Sunset SB 27 (Ruff) would allow for judicial appeals regarding the qualifications of a scholarship foundation or award of tax credit as well as allow for the use of scholarship funding for counseling or supportive services.  Note: the bill passed in the Senate and will now be considered by the House.

Bills that FAILED during the week ending 2/11/22

Charter Schools - FAILED

  • Opportunity Classrooms HB 533 (Batten)
  • Public Charter Schools; Applications; Review and Approval SB 608 (Suetterlein) and SB 635 (Chase)

Collective Bargaining - FAILED

  • Right to Unionize HB 1220 (Clark)

COVID - FAILED

  • Unemployment Compensation; Disqualification for Benefits; Misconduct Does Not Include Refusing COVID-19 Vaccine SB 646 (Cosgrove)

Instruction - FAILED

  • Virginia Asian American, Pacific Islander, Latino, and Indigenous Education Advisory Board; Establishment HB 1179 (Clark)

Personnel - FAILED

  • Teacher Training Corps Report HB 860 (Reid)
  • Public School Teachers; Continuing Contract, Resignation HB 1005 (Guzman)
  • Anti-Harassment Training Requirement HB 757 (Krizek)
  • Overtime Pay Requirements; Volunteers SB 331 (Reeves)

Procurement – FAILED

  • Virginia Public Procurement Act; Authority for Localities to use Cooperative Procurement HB 705 (Keam)

School Board Governance - FAILED

  • Public-Private Competition Act HB 119 (March)
  • School Boards Method of Selection, Election Required HB 1284 (Taylor)

School Buses/Drivers - FAILED

  • Display of Advertising; Hiring of School Bus Drivers in the Local School Division HB 452 (Bennett-Parker)
  • School Bus Driver Shortage Study HJ 84 (Guzman)

School Construction and Modernization - FAILED

  • Unexpended Local Funds; Capital Projects HB 608 (Bourne) and HB 251 (Simonds)
  • Standards for the Maintenance and Operations, Renovation, and New Construction of Public Elementary and Secondary School Buildings HB 1100 (LaRock)
  • School Division Maintenance Reserve Tool HB 252 (Simonds)

School Funding - FAILED

  • Composite Index of Local Ability-To-Pay, Required Local Effort HB 559 (O’Quinn)
  • Composite Index of Local Ability-To-Pay; Required Local Effort; Adjustment for Land Use in Certain Circumstances HB 1164 (Runion)

School Health - FAILED

  • Virginia Children's Cabinet HB 1149 (Guzman)

Special Services - FAILED

  • Speech-Language Pathologists, Department of Education to Develop/Maintain Statewide Strategic Plan HB 547 (Hudson) NOTE: While the legislation itself failed, a letter from the Appropriations Chairman will be requested and sent to the Virginia Department of Education requesting a status report be provided by next year’s Session.

Standards of Accreditation/Graduation - FAILED

  • Standards of Accreditation/Mathematics Standards SB 558 (Suetterlein)

Student Safety -FAILED

  • Storage of Firearms in Residence Where Minor Present; Penalty HB 590 (VanValkenburg)

Student Testing - FAILED

  • Task Bank for Performance-Based Assessments SB 760 (Suetterlein)

Transgender Students - FAILED

  • Transgender Students: Model Policies HB 988 (Wyatt)

Vouchers/Tax Credits/Education Savings Accounts Vouchers - FAILED

  • In-Person Instruction; Education Vouchers, etc.  HB 201 (Webert)
  • Student Education Accounts HB 333 (Freitas)
  • Education Improvement Scholarships Tax Credits Program HB 788 (LaRock)