April 18, 2023

2012 GENERAL ASSEMBLY UPDATE

D. PATRICK LACY, JR.

STACY L. HANEY

REED SMITH, LLP

804.344.3400placy@reedsmith.com

shaney@reedsmith.com© Reed Smith, LLP

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 TRAININGHB 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 DATEHB 76/SB 278

Changes notification date in Section 22.1-

304 for non-renewal of probationary

teachers from April 15 to June 15.

MANDATESHB 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

EPINEPHRINEHB 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 SERVICESHB 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 SCHOOLSHB 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 SCHOOLINGSB 564

Parents need only provide a list of the

subjects to be taught rather than the actual

curriculum.

COLLEGE LAB SCHOOLSHB 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 ENROLLMENTHB 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 one-year 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 TECHNOLOGYHB 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 RECORDSHB 424

Allows the self-authentication of student records.

SYNTHETIC MARIJUANAHB 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