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2012 GENERAL ASSEMBLY
UPDATE
D. PATRICK LACY, JR.
STACY L. HANEY
REED SMITH, LLP
804.344.3400
[email protected]
[email protected]
© Reed Smith, LLP
July 20, 2015
WHAT A DIFFERENCE A YEAR MAKES
YEAR OF CHOICE
WHAT TO EXPECT NEXT YEAR
(2012)
 65% REQUIREMENT
 PHYSICAL EDUCATION REQUIREMENT
 PARENTAL NOTIFICATION
 AUTISM TRAINING
 OPEN ENROLLMENT
 TAX CREDITS
 VRS
HOW DID WE FARE?
65%
HB 250 (Del. Cline)
The Department shall include in the annual School Performance
Report Card for school divisions the percentage of each
division’s annual operating budget allocated to instructional
costs. For this purpose, the Department shall establish a
methodology for allocating each school division's expenditures
to instructional and noninstructional costs in a manner that is
consistent with the funding of the Standards of Quality as
approved by the General Assembly. Further, at the discretion
of the Superintendent, the Department may also report on
other methods of measuring instructional spending such as
those used by the U.S. Census Bureau and the U.S.
Department of Education.
PHYSICAL EDUCATION
HB 1092 (Del. O’Bannon)
1. § 1. That the Board of Education shall develop physical
education program guidelines for public elementary and middle
schools.
2. That the Board of Education, in developing the guidelines
pursuant to this act, shall work with the American Heart
Association, the American Cancer Society, the American
Academy of Pediatrics, Virginia Chapter, the Virginia
Association of School Superintendents, the Virginia School
Boards Association and other interested stakeholders.
3. That the Board of Education shall develop the guidelines
pursuant to this act prior to January 1, 2014.
PARENTAL NOTIFICATION
A Slew of Student Discipline Bills
HB 365, 366, 367, 656, 887, 1080
SB 167, 168
AUTISM TRAINING
HB 325 (Del. Massie)
 By September 1, 2014, each school board shall
ensure that aides assigned to work with a teacher
who has primary oversight of students with autism
spectrum disorders receive training in student
behavior management within 60 days of assignment
to such responsibility. School boards may provide
such training to other employees, including
transportation employees.
 The Board of Education shall provide training
standards that school divisions may use to fulfill the
requirements of this section.
OPEN ENROLLMENT
HB 603 (Del. LeMunyon)
Any local school board may establish and
implement policies to provide for the open
enrollment to any school of any student
residing within the school division upon the
request of a parent or guardian.
Sets forth conditions and limitations that
such policies “may” include.
TAX CREDITS
HB 321 (Del. Massie)
SB 131 (Sen. Stanley)
Low income students
Students with disabilities.
VRS
SB 497 (Sen. Watkins)
Requires employees to pay the 5% member
contribution and that school boards give an
offsetting 5% increase in creditable
compensation.
OTHER NOTABLE BILLS THAT PASSED
APRIL 15 NOTIFICATION DATE
HB 76/SB 278
Changes notification date in Section 22.1304 for non-renewal of probationary
teachers from April 15 to June 15.
MANDATES
HB 1295/SB 679
Product of Governor’s Commission on mandates on
localities and school boards
Unfortunately, many recommendations stripped
from bills.
Procurement
Advisory committees on gifted education and health
Estimated per pupil cost of education
Surplus school property
Teacher licensure
EPINEPHRINE
HB 1107/SB 656
By the beginning of the 2012-13 school year,
local school boards shall adopt and
implement policies for the possession and
administration of epinephrine in every
school, to be administered by a school nurse
or an employee of the school board who is
authorized and trained in the administration
of epinephrine to any student believed to be
having an anaphylactic reaction.
READING INTERVENTION SERVICES
HB 1181
Requires reading intervention services to
students in 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.
Must review budget language.
CHARTER SCHOOLS
HB 1173/SB 440
May negotiate for use of vacant or unused property
Exempt from Procurement Act, unless otherwise
negotiated
Submit documentation to BOE for denial or
revocation of charter
Employees may be employed by charter school at
discretion of school board
Funding “shall be commensurate with the average
school-based costs of educating the students in the
existing schools in the division or divisions unless
the cost of operating the charter school is less than
that average school-based cost.”
HOME SCHOOLING
SB 564
Parents need only provide a list of the
subjects to be taught rather than the actual
curriculum.
COLLEGE LAB SCHOOLS
HB 765/SB 475
Extended authority to operate lab schools to
private colleges and universities
Programs provided by the lab school
pursuant to a partnership with a school
board shall be considered programs of the
school board for SOA purposes
DUAL ENROLLMENT
HB 1184
Requires each school board and community
college to enter into an agreement by April,
2013, specifying the options for students to
complete an associate's degree or a oneyear Uniform Certificate of General Studies
concurrent with a high school diploma and
the credit available for dual enrollment
courses and Advanced Placement courses.
School boards must notify parents of these
agreements.
ASSISTIVE TECHNOLOGY
HB 382
Authorizes school boards to transfer for fair
market value assistive technology devices
Requires the BOE to develop a uniform
agreement and guidelines for determining
the fair market value of devices
SCHOOL RECORDS
HB 424
Allows the self-authentication of student
records.
SYNTHETIC MARIJUANA
HB 508
Broadens the definition of synthetic
cannabinoids in an attempt to stay current
with the marketplace for drugs.
FAILED LEGISLATION
WHAT TO EXPECT NEXT YEAR
 SCHOOL CALENDAR
 TEACHER CONTRACTS
 VIRTUAL SCHOOL FUNDING
 VHSL
 DEAF AND HARD-OF-HEARING STUDENTS
 KINSHIP CARE