May 16, GENERAL ASSEMBLY UPDATE D. PATRICK LACY, JR. STACY L. HANEY REED SMITH, LLP © 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 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 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 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 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 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