The General Assembly approved overwhelmingly a $35 billion
state budget for 1996-98 that includes millions of new dollars
for public education. Additional monies are targeted for Standards
of Learning assessments (see below), teacher salaries (state
share of 1.75% the first year and 2% the second year), enrollment
increases, lower class sizes in elementary grades (with emphasis
on schools with high at-risk populations), technology networking
and hardware, school building maintenance (increasing from the
current $5 to $11.50 and then $10) and safe school and truancy
prevention programs.
STANDARDS OF LEARNING ASSESSMENT
The budget designates $12 million for the development and implementation
of new tests to measure student progress on the recently-revised
Standards of Learning (SOL). Tests in the areas of math, science,
English and history can be developed for up to four grade levels.
The budget also stipulates that data generated from these new
tests cannot be used to impose consequences. The State Superintendent
of Public Instruction is directed to apply for federal (Goals
2000) funding ($6.7 million) if petitioned to do so by at least
85 local school boards. This money would be used at the local
level for teacher training, curriculum development and purchase
of materials needed to implement the SOL.
VSBA LEGISLATION
Legislation submitted at the request of the VSBA had much success. Bills were approved that stipulate the following:
1) Allows elected school boards to make interim appointments when there is a vacancy in an elected office on the board.
2) Allows local school boards to honor the length of expulsion of a student from another school division when the student transfers into the division.
3) Allows a local school board to designate the superintendent to approve teacher resignations, with provisions that give the teacher a chance to withdraw the resignation and the school board a chance to reverse the superintendent's decision.
4) Gives school boards 180 days to fill any vacancy in the superintendency and allows reappointments to occur any time prior to expiration of contract.
5) Allows local school boards, rather than governing bodies, to pass a resolution to pay the school board chairman an additional stipend.
6) Allows the school board clerk, rather than the governing body clerk, to maintain financial disclosure forms required to be filed by school board members.
OTHER LEGISLATION
Other bills that were approved include the following:
1) Budget
The summer edition of the VSBA NEWSLETTER highlighted several unsuccessful bills submitted to this past General Assembly that would have restricted local school board authority over school budgets. These came as a result of the budget deficit in Va. Beach and likely will be considered again. One bill would have held school board members and superintendents personally liable for the amount of any deficit. This is exactly what happened earlier this year in one Mississippi district.
Additionally, each VSBA conference this year includes a portion
devoted to discussion of local budget/finance issues. Also, a
manual is being prepared by the VSBA (with assistance from VASS)
for school board members. It contains a wealth of budget and financial
information about school budgeting, how to analyze and monitor
the school budget. questions to ask, sample reports, etc. It is
due out in the fall.
2) School Health Issues
The VSBA staff has met twice with representatives of other statewide
organizations to find solutions to problems in schools with teachers
having to perform certain medical procedures. There is a feeling
among the group to avoid "mandate" bills we've seen
in the past (like requiring school nurses). One potential solution
would be to involve the health department in staffing and funding
school nurses. There are still many questions that have to be
resolved, including liability, supervision. etc. If legislation
and/or budget amendments are pursued, whatever is sought will
have to be flexible for local school divisions that may have something
working well now.
3) Study Commissions
Commission on Educational Infrastructure (HJR 135)
This Commission met July 16 and received disturbing, but not unexpected
news, about the condition of public school buildings in Virginia.
The Department of Education's school facilities report showed
that roughly 60% of the state's schools are in need of renovations,
while one in four are not accessible to the disabled. At an August
meeting, some local technology initiatives were showcased. Two
major issues that will be addressed by the Commission are 1) the
state's role in school construction funding, including use of
the Literary Fund, and 2) upgrading facilities to accept technology.
Commission on Accountability for Educational Excellence (HJR 168)
The work of this panel involves a review of academic standards, testing and accountability in the state. At the initial meeting, staff reported on current provisions of the Standards of Quality, Standards of Learning and the Standards of Accreditation, as well as other states testing and accountability mechanisms. In future meetings, the group will pay particular attention to local school division accountability initiatives, pupil assessments and teacher and parent accountability. The next meeting is October 16.
Commission on the Future of Public Education (HJR 196)
This group is meeting the second Thursday of each month. A three-point
agenda of standards, assessment and consequences will be
the focus for the group over the next 18 months. The Commission
chairman pledged to seek out parents, teachers, students and others
as "full partners in our mission." As a first step,
the Commission will hold seven public hearings in October and
November to receive public input. The dates and locations of the
hearings are listed below. Hearings are slated to begin at 7 p.m.
(with speaker sign-up at 6:30 p.m.).
Tuesday, October 15 Wise Vocational-Technical Center,
Wise
Tuesday, October 29 Lake Taylor High School, Norfolk
Wednesday, October 30 John F. Kennedy High School, Richmond
Wednesday, November 6 Halifax County High School, South Boston
Thursday, November 7 Northside High School, Roanoke
Tuesday, November 12 Harrisonburg High School, Harrisonburg
Wednesday, November 13 Falls Church High School, Falls Church
In addition, the Commission staff will conduct a workshop on
Thursday afternoon (November 14) of the Annual Convention. This
is an additional opportunity for local school board members to
speak about the successful practices in their local schools and
to express their views about the direction that public education
in Virginia should take in the coming years.
Joint Subcommittee Studying the Efficacy and Appropriateness of Creating a School Incentive Reward Program in the Commonwealth (HJR 165)
This panel held its first meeting the end of August and reviewed
information concerning incentive/reward programs in other states.
These programs include such concepts as state grants for schools/divisions
that improve test scores, class sizes, attendance and drop out
rates, parent participation, etc. The subcommittee also is interested
in receiving information regarding current incentives in Virginia
school divisions designed to improve school and pupil performance,
either throughout the division or in individual schools. If such
a program exists in your division, please e-mail a brief description
of it to daveb@comet.net.
4) Standards of Accreditation
The Board of Education (BOE) held a series of public hearings in August to receive early suggestions and guidance about forthcoming revisions to the Standards of Accreditation (SOA).
The BOE also has developed a paper that lists the Board's objectives
in revising the SOA. Those objectives include the following:
strengthening the focus of accreditation and accountability on student achievement in the four core academic areas (English/Language Arts, Math, Science, History/Social Studies);
eliminating prescriptive or redundant requirements;
identifying and incorporating criteria by which the quality of schools are judged;
maintaining current funding support;
providing greater flexibility to meet SOA requirements; and
determining criteria for holding schools accountable for student
achievement.
Currently, the SOA establishes specific input requirements for
instructional programs in the schools, such as course offerings,
delivery of instruction, other services to be offered (guidance,
library services, etc.), staffing and facilities, as well as achievement
standards (components of credit for a diploma). The BOE will receive
a summary of the testimony presented at the seven August hearings
when it meets in Winchester on September 26. A draft proposal
will then be developed and more hearings are then required to
be held before they can become approved regulations. The new regulations
likely will not be approved until next spring.
5) Part-time access by nonpublic school students
A special subcommittee of the House Education Committee met to examine issues related to access to public school programs (specific courses, extracurricular activities, etc.) by non-public school students. The VSBA position (Resolution 4.27) on choice states that any plan allowing non-public school students access to public school programs meet certain conditions, including that state reimbursement is made to school divisions for each student who is admitted. The VSBA Delegate Assembly will consider a proposal to further strengthen and clarify that there be no mandate and that all decisions regarding this issue be left up to local school boards. The subcommittee decided that there was nothing that the state should do in this area other than to keep the decision at the local level. Several members did state that if a division chooses to admit such students, they should be counted in ADM and the school division receive the full state share of funding for such students. The VSBA has developed model policy related to part-time access in the public schools. It is available upon request from the VSBA office.
1) Money Matters
As a result of the process now underway in which Trigon/Blue Cross-Blue Shield plans to convert from a mutual company to a for-profit stock company, entities or individuals who were policyholders as of December 31, 1995, could receive certificates of stock or cash once the conversion is complete. Legal research by VSBA attorneys has concluded that 1) school boards presently have no authority to hold stock, and 2) any money received as a result of the demutualization would revert to and be subject to appropriation by the local governing body, just like any other funds (federal, state or local).
As a result, the VSBA is considering legislation that would allow school boards to receive stock/proceeds and to designate those funds for the construction, renovation, alteration and equipping of school buildings, and already has received a favorable response from the co-chairmen of the Senate Finance Committee about introducing such a bill. It is estimated that more than 70 local school boards could be entitled to shares totaling from 2,000 to more than 200,000.
As you know, each VSBA conference this year includes a portion
devoted to discussion of local budget/finance issues. Also, every
school board members, superitnendent and state legislator in Virginia
recently received a school budget manual. It contains a wealth
of budget and financial information about school budgeting, how
to analyze and monitor the school budget, questions to ask, sample
reports, etc. This special emphasis on budget issues comes on
the heels of the school budget deficits in several school divisions
and the state legislative proposals that resulted.
2) School Health Issues
The VSBA staff has met three times with representatives of other
statewide organizations to find solutions to problems in schools
with teachers having to perform certain medical procedures. There
is a feeling among the group to avoid "mandate" bills
we've seen in the past (like requiring school nurses). One potential
solution would be to involve the health department in staffing
and funding school nurses. The group is working with Delegate
Linda "Toddy" Puller on this issue, as well as with
the House Appropriations Committee staff to devise a budget amendment
designed to provide incentive money for hiring or contracting
to hire school nurses, clinic aides, etc. We are uncertain at
this point if the money would be available in the health, education
or local direct aid to localities budgets. Also, questions still
remain as to liability, supervision. etc. If legislation and/or
budget amendments are pursued, whatever is sought will have to
be flexible for local school divisions that may have something
working well now.
3) Study Commissions
Commission on Educational Infrastructure (HJR 135)
This Commission met in July and received disturbing, but not
unexpected news, about the condition of public school buildings
in Virginia. The Department of Education's school facilities report
showed that roughly 60% of the state's schools are in need of
renovations, while one in four are not accessible to the disabled.
At an August meeting, some local technology initiatives were showcased.
Two major issues that will be addressed by the Commission are
1) the state's role in school construction funding, including
use of the Literary Fund, and 2) upgrading facilities to accept
technology.
Commission on Accountability for Educational Excellence (HJR 168)
The work of this panel involves a review of academic standards, testing and accountability in the state. At the initial meeting, staff reported on current provisions of the Standards of Quality, Standards of Learning and the Standards of Accreditation, as well as other states testing and accountability mechanisms. In future meetings, the group will pay particular attention to local school division accountability initiatives, pupil assessments and teacher and parent accountability.
Commission on the Future of Public Education (HJR 196)
This group is meeting the second Thursday of each month. A three-point agenda of standards, assessment and consequences will be the focus for the group over the next 18 months. The Commission chairman pledged to seek out parents, teachers, students and others as "full partners in our mission." The theme for the upcoming Commission hearings is "Focus on Achievement: What Works and What Doesn't." Specifically, the Commission is seeking testimony that addresses the following:
What are the most important one or two things we should do to improve student learning in the future?
What are we doing right in our public schools at the current time to promote student learning?
Where is our education system falling short in terms of student learning?
Toward which improvements should we commit additional resources?
School administrative staff are being asked to provide detailed information about specific initiatives. Such information should describe the initiative, its implementation, its effect (including criteria used to evaluate and if the result improved student learning or other factors such as attendance, motivation to learn, etc. related to student learning) and constraints to success encountered.
The dates and locations of the hearings are listed below. Speakers
are allowed five minutes each. All hearings begin at 7 p.m. (with
registration starting at 6:30 p.m.).
Tuesday, October 15 Wise Vocational-Technical Center,
Wise
Tuesday, October 29 Lake Taylor High School, Norfolk
Wednesday, October 30 John F. Kennedy High School, Richmond
Wednesday, November 6 Halifax County High School, South Boston
Thursday, November 7 Northside High School, Roanoke
Tuesday, November 12 Harrisonburg High School, Harrisonburg
Wednesday, November 13 Falls Church High School, Falls Church
In addition, the Commission will hold a workshop at the VSBA
Annual Convention to provide school board members an additional
chance to speak. This forum will be held on Thursday, November
14 from 3:15 to 4:15 p.m. in Room A of the Williamsburg Lodge.
Joint Subcommittee Studying the Efficacy and Appropriateness of Creating a School Incentive Reward Program in the Commonwealth (HJR 165)
This panel has met twice to review information concerning incentive/reward
programs in other states as well as in local school divisions
in Virginia. These programs include such concepts as state grants
for schools/divisions that improve test scores, class sizes, attendance
and drop out rates, parent participation, etc.
4) Standards of Accreditation
The Board of Education (BOE) held a series of public hearings in August to receive early suggestions and guidance about forthcoming revisions to the Standards of Accreditation (SOA).
The BOE also has developed a paper that lists the Board's objectives
in revising the SOA. Those objectives include the following:
strengthening the focus of accreditation and accountability on student achievement in the four core academic areas (English/Language Arts, Math, Science, History/Social Studies);
eliminating prescriptive or redundant requirements;
identifying and incorporating criteria by which the quality of schools are judged;
maintaining current funding support;
providing greater flexibility to meet SOA requirements; and
determining criteria for holding schools accountable for student
achievement.
Currently, the SOA establishes specific input requirements for instructional programs in the schools, such as course offerings, delivery of instruction, other services to be offered (guidance, library services, etc.), staffing and facilities, as well as achievement standards (components of credit for a diploma). The BOE received a summary of the testimony presented at the seven August hearings at its last meeting. A draft proposal is to be developed and more hearings are then required to be held before they can become approved regulations. Draft regulations likely will not be released until early spring.
The Board of Education also has awarded a contract to Harcourt
Brace Educational Measurement to devise assessments for the revised
Standards of Learning (to be administered in grades 3,5,8 and
11) as well as for the new norm-referenced part of the testing
program.
5) Part-time access by nonpublic school students
A special subcommittee of the House Education Committee met to examine issues related to access to public school programs (specific courses, extracurricular activities, etc.) by non-public school students. The VSBA position (Resolution 4.27) on choice states that any plan allowing non-public school students access to public school programs meet certain conditions, including that state reimbursement is made to school divisions for each student who is admitted. The VSBA Delegate Assembly will consider a proposal to further strengthen and clarify that there be no mandate and that all decisions regarding this issue be left up to local school boards. The subcommittee decided that there was nothing that the state should do in this area other than to keep the decision at the local level. Several members did state that if a division chooses to admit such students, they should be counted in ADM and the school division receive the full state share of funding for such students. The VSBA has developed model policies related to part-time access in the public schools. It is available upon request from the VSBA office.
6) Federal Education Funding Approved
The 104th Congress adjourned in early October by agreeing to substantial funding increases for education in the 1997-98 school year. Lawmakers settled on funding amounts that exceed the FY1996 levels by about three-and-a-half billion dollars ( an overall 15% increase). Title I funds were increased seven percent, while Safe and Drug-Free Schools will receive an additional 19%. Also, increases were targeted for special education (24%), Chapter 2 (13%), immigrant and bilingual education, Goals 2000 and educational technology.
The fate of long-sought reforms to the Individuals with Disabilities Education Act (IDEA) was not as successful. Changes nearly two years in the making were not approved when the Senate failed to reach agreement on provisions related to attorney fees. Changes in IDEA, if enacted, would have given schools greater control over school safety decisions, added provisions to help school divisions recover related-service costs and provided greater flexibility in several areas. School board members will be asked again during the next session of Congress to support reforms in the 20-year old special education law.
Return to Legislative/Legal
Page
Go to VSBA Home
Page 
Go to VSBA
Research/Information Page