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2011 GENERAL ASSEMBLY
UPDATE
D. PATRICK LACY, JR.
STACY L. HANEY
REED SMITH, LLP
804.344.3400
[email protected]
[email protected]
© Reed Smith, LLP
July 21, 2015
PASSED
WAIVERS
HB 2494
Any school board, on behalf of one or more of its
schools, may request the Board of Education for
releases from state regulations and for approval of
an Individual School Accreditation Plan for the
evaluation of the performance of one or more of its
schools as authorized for certain other schools by
the Standards of Accreditation pursuant to 8 VAC
20-131-280 C of the Virginia Administrative Code.
PRE-LABOR DAY OPENING
HB 1483
Adds to the definition of “good cause” for
granting a waiver to the post-Labor Day
opening requirement:
A school division is entirely surrounded by a
school division that has an opening date
prior to Labor Day in the school year for
which the waiver is sought. Such school
division may open schools on the same
opening date as the surrounding school
division.
CTE CERTIFICATION
HB 1493
Where there is an accepted national industry
certification for career and technical
education instructional personnel and
programs for automotive technology, such
certification shall be mandatory.
SOL TEST SECURITY
HB 2077
 §§ 22.1-19.1, 22.1-253.13:3, and 22.1-292.1
 Excluding students from testing who are
required to be assessed
 For the purpose of this section, "person"
shall not mean a student enrolled in a public
school.
DELAYED IMPLEMENTATION OF
ACCREDITATION STATUTES AND
REGULATIONS
HB 1554/SB 810
Regulations prescribing economics and
financial literacy as a graduation requirement
and related changes to the standard and
advanced studies diplomas, pursuant to §
22.1-253.13:4 of the Code of Virginia, shall
become effective July 1, 2011.
FLEXIBILITY IN USE OF FUNDS
HB 1792/SB 1270
Codifies in the SOQ the flexibility to use
funds provided in the appropriation act and
provided to local school divisions for certain
staffing standards related to instructional
staff in mathematics, limited English
proficiency, reading, technology, and
assistant principals.
Also amends the definition of "support
services."
COLLECTION OF VRS OVERPAYMENTS
HB 1794
VRS is authorized to recover any overpayments,
from an employer found to be responsible for such
overpayments, to a member or beneficiary (i) whose
average final compensation exceeds the limitation in
§ 51.1-152, (ii) who receives in-service distributions
because the member or beneficiary is rehired by the
employer without either a bona fide break in service,
as determined by the Board, following retirement, or
the break in service required under subdivision B 3
(a) of § 51.1-155, or (iii) who the Board determines
was in service as an employee covered for
retirement purposes as prohibited by subdivision B 1
of § 51.1-155.
FOSTER CHILDREN
SB 1038
 The child shall be allowed to continue to attend the
school in which he was enrolled prior to the most
recent foster care placement, upon the joint
determination of the placing social services
agency and the local school division that such
attendance is in the best interest of the child.
 Before placing a child of school age in a foster care
placement the local social services agency making
such placement shall, in writing, determine jointly with
the local school division whether it is in the child's best
interests to remain enrolled at the school in which he
was enrolled prior to the most recent foster care
placement, pursuant to § 22.1-3.4.
ELECTRONIC SIGNATURES
HB 2243
F. Local school boards may adopt and
implement policies pursuant to which
electronic records and electronic signatures
may be accepted from any parent, guardian,
or other person having control or charge of a
child enrolled in the relevant school division,
provided such policies are consistent with
the provisions of Chapter 42.1 (§ 59.1-479 et
seq.) of Title 59.1.
VIOLENT SEX OFFENDERS
HB 2066/SB 1185
Adds school buses and any public/private
property being used solely for schoolsponsored or school-related purposes to the
list of places where violent sex offenders are
prohibited.
COMPREHENSIVE SERVICES ACT
HB 1679
SECTION 2648 (20)
Deny state funding to a locality… where the
CPMT fails to provide services that comply
with the Comprehensive Services Act … in
accordance with subdivision 19, any other
state law or policy, or any federal law
pertaining to the provision of any service
funded in accordance with § 2.2-5211
STUDIES/LETTERS
 BULLYING – HJ 625
 YEAR ROUND SCHOOLS – HJ 646
 VHSL-PRIVATE STUDENTS – HB 2395
 UNIFORM GRADING – HB 2044
FAILED LEGISLATION
WHAT TO EXPECT NEXT YEAR
WHAT TO EXPECT NEXT YEAR
 65% RULE - HB 1416 (Loupassi)
 Passed by the House Education Committee 11Y-9N
 Passed by the House 48Y-46N
 The patron attempted to amend the bill in the
Senate Committee on Education and Health to
eliminate the 65% requirement and leave only a
reporting requirement
 Failed to report from Committee 5Y-10N
WHAT TO EXPECT NEXT YEAR
 PHYSICAL EDUCATION SB 966 (Northam)
 Also HB 1644 (O’Bannon)
 Vetoed by Governor
 Attempt to override the veto was killed in the
Senate
WHAT TO EXPECT NEXT YEAR
 PARENTAL NOTIFICATION – HB 1548
(Kory)
 Required principal to notify the parents of
any student who violates a school board
policy or the compulsory attendance
requirements when such violation "is likely
to" result in the student's suspension or the
filing of a court petition
 Killed in Senate 12Y-22N
WHAT TO EXPECT NEXT YEAR
 AUTISM TRAINING – HB 1720 (Massie)
 Required school divisions to provide 80 hours of
training in student behavior management to any
aide assigned to work with a teacher who has
primary responsibility for students with an autism
spectrum disorder
 Tabled by the Elementary and Secondary Education
Subcommittee of the House Appropriations
Committee
WHAT TO EXPECT NEXT YEAR
 OPEN ENROLLMENT – HB 2009
(LeMunyon)
 Amended to allow, but not require, school
boards to adopt open enrollment policies
and listing certain items that a school board
may, but is not required to, consider when
adopting such a policy
 Failed to report from Senate Education and
Health Committee
WHAT TO EXPECT NEXT YEAR
 TAX CREDITS/VOUCHERS – HB 2314 (Massie)
 One of Governor’s initiatives.
 Provided a tax credit for companies that donate
money for scholarships for kindergarten and first
grade students eligible for free and reduced lunch to
attend private schools
 Passed by indefinitely by Senate Finance
Committee, 9Y-6N
WHAT TO EXPECT NEXT YEAR
 VRS
 Defined Benefit v. Defined Contribution
 HB 1784 (Tata), 2410 (Putney), 2465
(Jones)
 SB 861 (Wagner), 1008 (Watkins and
Stosch), 1115 (Watkins)
 Establish either optional or mandatory DC
plans