Stacy L. Haney, Esq. (804) 814-4788 shaney@reedsmith.com 2017 General Assembly Stacy L. Haney, Esq. (804) 814-4788 shaney@reedsmith.com

Virtual Schools Governor McAuliffe vetoed Del. Bell’s HB 8 last year. Del. Bell has already pre-filed HB1400, which would establish the Virginia Virtual School and the Board of the Virginia Virtual School. Creates a statewide virtual school and requires that, for each student enrolled in the school, the average state share of Standards of Quality per pupil funding be transferred to the school. This legislation, if passed, could have a significant financial impact on school divisions.

School Choice/Vouchers/Tax Credits Governor McAuliffe vetoed Del. LaRock’s HB 389 last year. That bill would have established “Virginia Parental Choice Education Savings Accounts.” It is expected that he will file similar legislation in 2017. The bill would allow a parent to remove a student from the public schools and receive the state share of per pupil finding in an account to be used for certain purposes (not limited to providing an education to the child). This legislation, if passed, could have a significant financial impact on school divisions.

Teacher Grievance Procedure The law was changed significantly in 2013, with Gov. McDonnell’s “Teacher Fairness Act.” Since 2013, there have been annual efforts to chip away at the changes that were made. Potential areas of attack in 2017: Hearing officer qualifications and requirements. Timelines. Grounds for termination.

School Security Officers and Firearms Governor McAuliffe vetoed Del. Lingamfelter’s HB1234, which would have permitted school boards to authorize certain school security officers who are former law enforcement officers to carry firearms on school property. Del. Lingamfelter has pre-filed HB1392, which has a similar purpose. Del. Cole has previously filed similar legislation (that was defeated) that would have permitted a school board to authorize any employee who is a former law enforcement officer to carry a firearm on school property.

Board of Education’s Recommendations on SOQ – Assistant Principals Adjust the staffing standard for assistant principals from one per 900 students (elementary) and one per 600 students (middle and high schools) to one per 400 students (all levels). Cost to implement FY2017 - $69.4 million FY2018 - $71.4 million

Board of Education’s Recommendations on SOQ –Elementary Principals Elementary School Principals Adjust the staffing standard for elementary school principals from one half-time principal for schools with up to 299 students and one full-time principal for schools with 300 or more students to one full-time principal at every elementary school. Cost to implement FY2017 - $6.8 million FY2018 - $6.8 million

Board of Education’s Recommendations on SOQ – School Counselors Adjust the staffing standard for school counselors: Current: Elementary Schools - One hour per day per 100 students; one full-time at 500 students; and one hour per day additional time per 100 students or major fraction thereof Middle Schools - One period per 80 students; one full-time at 400 students; one additional period per 80 students or major fraction thereof High Schools - One period per 70 students; one full-time at 350 students; one additional period per 70 students or major fraction thereof

Board of Education’s Recommendations on SOQ – School Counselors Adjust the staffing standard for school counselors: Recommended: All levels – One counselor per 250 students Cost to implement FY2017 - $80.0 million FY2018 - $82.4 million

Board of Education’s Recommendations on SOQ – School Psychologists, Social Workers, and Nurses Set minimum staffing standards for school psychologists, school social workers, and school nurses. Currently, these positions are classified as support services positions and there are no staffing standards for them. BOE recommends setting the following minimum staffing standards: School psychologists at one position per approximately 1500 to 1900 students. School social workers at one position per approximately 1600 students. School nurses at one position per approximately 600 students.

Board of Education’s Recommendations on SOQ – School Psychologists, Social Workers, and Nurses Cost to implement School Psychologists – Not available School Social Workers – Not available School Nurses FY2017 - $1.6 million FY2018 - $1.8 million

Board of Education’s Recommendations on SOQ – “Recession Era Waivers” Eliminate “Recession Era Waivers” In 2010, the General Assembly added language to the Appropriation Act that: Permitted school divisions increase teacher to pupil staffing ratios in kindergarten through grade 7, and in English classes for grades 6 through 12 by one additional student. Waived teacher to pupil staffing ratios for: Elementary resource teachers Prevention, intervention, and remediation teachers English as a second language teachers Gifted and talented teachers Career and technical funded programs (unless federal Occupational Safety & Health Administration safety requirements impose a maximum class size) Instructional and support technology positions (new hires only) Librarians (new hires only) Guidance counselors (new hires only)

Board of Education’s Recommendations on SOQ – Support Staff Cap Eliminate the support staff cap “Support staff” includes superintendents, school board members, central office personnel, social workers, psychologists, nurses, attendance staff, clerical, maintenance, security, and school transportation staff, and others. Prior to 2009, SOQ funds were provided for these positions based upon the prevailing per-pupil rates that school divisions were filling these positions.

Board of Education’s Recommendations on SOQ – Support Staff Cap In 2009, the General Assembly amended the method of funding these positions by limiting the number of positions at 1 support position per 4.03 instructional positions, excluding the positions of division superintendent, school board, school nurse, and school transportation positions. Cost to eliminate: FY2017 - $332.5 million FY2018 - $339.6 million

Budget As usual, even though it is an off year the Budget will play a major role in the GA session. Will raises for teachers be restored? Will funding of public education be cut to make up for shortfall in revenue?