SUMMARY of MAJOR EDUCATION LEGISLATION
1998 General Assembly
BUDGET ISSUES
The General Assembly approved the 1998-2000 state budget, which contains $110 million over two years for school construction and debt service. One-half of the funds will be used to provide "grants" of $200,000 each year to all school divisions if the division can show that it spends in that fiscal year an amount equal to its composite index multiplied by the $200,000 grant. The remaining half will be distributed based on a formula that weights ability-to-pay and student enrollment factors. Localities still will have to match with local funds to receive these state dollars; however, since monies being spent for school facilities and debt service and transfers may be counted toward the match, most localities will not need to come up with any "new" money in order to receive the state funding. The budget also includes money for Standards of Learning implementation, including funds for teacher training ($27.3 million), instructional materials ($25.1 million) and remediation ($29.6 million). Funds totaling $65.6 million for lowering K-6 class sizes and for reading and technology specialists were approved. Money also is included as follows: $97.1 million for the state share of a 2.25% teacher salary increase, $50 million for a technology grants program (second year), $18.7 million for school building maintenance, $1.5 million for a composite index transition payment (affects 87 divisions), and $3.3 million for a school health incentive fund.
PERSONNEL ISSUES
Two personnel bills were vetoed by Governor Gilmore at the request of the VSBA. At its one-day "veto" session, the legislature failed to override the vetoes by the necessary two-thirds margin. HB 914, which would have required evaluations of probationary teachers that included specific criteria, mustered only the support of 39 delegates. HB 647, which would have required local school boards to provide written contracts to classified personnel, also fell well short of the votes needed to override the veto.
CHARTER SCHOOLS
Two identical bills (HB 543 and SB 318) to establish charter schools were approved. The legislation provides enormous control and responsibility to local school boards to ensure a reasoned implementation of charter schools and contains the three elements outlined in VSBA Resolution 4.39 (limited to existing public schools/students, final decisions by local school boards and prohibits various forms of discrimination) as well as numerous amendments suggested by the VSBA.
STANDARDS OF QUALITY/STANDARDS OF ACCREDITATION
Vetoes of bills (HB 478, SB 206) requiring Family Life Education (FLE) were sustained, leaving intact the Standards of Accreditation (SOA) provision making FLE an optional program for school divisions. The Governor unsuccessfully attempted to amend several bills (HB 303, HB 427, SB 205) requiring elementary guidance counselors. Those amendments were rejected and the bills ultimately were vetoed by the Governor. Thus, local school boards continue to operate under the SOA provision that allows employment of elementary counselors or reading specialists.
STUDENT DISCIPLINE MEASURES
Several significant bills concerning student discipline were approved: HB 893 allows school boards to adopt regulations that allow a unanimous decision of a three-member committee of the school board to be final in deciding a long-term suspension case. HB 1343 establishes a "Drug Free Schools" law, similar to the "Gun Free Schools" law, and directs development of student search guidelines. SB 362 allows suspension or expulsion of students upon receipt of notification of conviction or adjudication of delinquency for certain crimes. HB 1104 requires principals to inform certain personnel upon receipt of notification of a student conviction or adjudication of delinquency for certain crimes. SB 667 expands current notification to parents of their child's suspension or expulsion to include information about community-based alternative services, of the student's right to return or request return to school, and under what conditions. HJR 242 directs the Board of Education to develop guidelines for alternative education settings and funding for suspended or expelled middle and high school students.
OTHER LEGISLATION
Other bills that were approved include the following:
HB 36--increases the VRS multiplier to 1.70%.
HB 138--establishes the school building maintenance program in the Code.
HB 184/HB 211--requires reporting of certain pupil/teacher ratios.
HB 300--allows an alternative retirement plan for school superintendents.
HB 356--requires development of certain end-of-course and end-of-grade tests.
HB 409/SB 120--phases out the Literacy Passport Test.
HB 471--allows divisions with existing four-year old programs to apply for state funds.
HB 607--allows use of Trigon proceeds to offset health insurance expenses for retirees.
HB 1055--directs the Board of Nursing to adopt regulations allowing delegation of certain nursing tasks to appropriately trained, unlicensed personnel.
HB 1111--requires two CPR and first aid certified or trained personnel in most school buildings.
SB 425--establishes "good cause" criteria for granting of waivers to the post-Labor Day school opening law.
SB 527--requires the Board of Education to develop objectives for skills necessary for managing personal finances.
VSBA-REQUESTED LEGISLATION
Several bills introduced at the request of the VSBA were successful. These include the following: HB 1047 clarifies procedures of increasing school board salaries within the statutory cap. HB 1124 contains a "housekeeping" change to add "elected" to the section of the Code concerning the school board as a corporate body. SJR 182 directs a study of the Medicaid reimbursement program.
**Legislation that was defeated includes perennial bills to repeal the post-Labor Day school opening law and to allow public transportation of private school students. Other defeated bills would have restricted school board authority to discipline students who bring non-prescription drugs to school, prohibited strip searches, required appropriating body approval of school fees, and required continued services for long term suspended and expelled students.