Legislative Alerts
 

Troilen Seward Reports from Richmond
General Assembly 2010-2011

Legislative Report 2010-2011

What an exciting this year has been for VSRA in Advocacy!

In July, the legislative committee met in Richmond to plan the year’s advocacy events.

At the September Governing Board meeting, the Legislative Chairs and Legislative Advocate, Troilen Seward were part of round table discussions involving local councils. At our table we talked about involving local councils in advocacy and suggesting each council have a legislative representative. Forms for that purpose were distributed.

In October, paperwork was submitted to IRA to apply for the Advocacy Award.

At the November Governing Board Meeting, the Legislative Chairs and Advocate, Troilen Seward, made a powerpoint presentation and held a discussion about the requirements for the IRA Advocacy Award. In the first part of the application, the state’s advocacy goals are delineated. The body of the application requires documentation for evidence of five activities in each of these three categories: Organize, Educate and Activate. Ten copies of the award packets are submitted to IRA by October 31st each year.

January 18, 2011 was our Advocacy Day at the General Assembly Building in Richmond. We invited all the Virginia legislators to a Breakfast and to be read to by children from Richmond City Schools. VSRA members were on hand to talk with legislators and their staff members. In addition to an introduction of VSRA, we were prepared to offer our support of House Bill 1792. This bill would codify the Board of Education’s recommendations that are presently written in the Appropriations Act, specifically the part referencing reading specialists. This would allow school divisions to use the Early Intervention Reading Initiative (EIRI) funding from the Lottery Fund to employ reading specialists to provide reading intervention services. At this event we also Honored Senator John Miller with the VSRA Friend of Literacy Award. Afterwards, he invited the children to his office where he gave each a bookmark that read, “Reading is the Key.”

At the VSRA Conference in March, an Advocacy Booth was set up and Advocate, Troilen Seward was there to share information from the recent legislative session and answer questions. Legislative Committee member Dr.Tamie Fartro, presented a session entitled, “Next Stop Washington, D.C.: Advocating for Literacy on Capitol Hill.”

Recently, we received notification from IRA that we will be receiving the Advocacy Award at the IRA Convention in Orlando in May. Yeah!!!

Submitted by:
Marilyn Schempf
Legislative Chair

 

February, 2011 Update

Subject: General Assembly #4

I indicated I wouldn't write last week because it was crossover and there would be little to report since there were no education sub-committees and full committees would deal only with bills that had passed with no controversy. It has been much the same this week. I am writing this morning because there is nothing in Education Committee. Many bills that were introduced were left in committee, meaning they were never acted upon. Only 20 bills of about 72 that were introduced in the House Education Committee passed over to the Senate and only 16 of the aprroximately 31 introduced in the Senate came over to the House. Many of the bills that survived were bills of technical correction or bills that would not be of interest to you.

The most important bills for us were HB 1792 and SB 1270. These were identical bills which provide flexibility in the provision of reading intervention services. School divisions are allowed to use the state Early Intervention Reading Initiative funding and the required local match to employ reading specialists to provide the required reading intervention services. Divisions using the funds in this manner shall employ only instructional personnel licensed by the Board of Education. Both of these bills have now passed in the opposite house so they are a "done deal." They, of course, have to be signed by the Governor by April 6 (Veto Session), but since there was no opposition, it would be unlikely that he would not sign. He actually endorsed the bills.

The P.E. bills, HB1710 and SB803, have passed their respective bodies and have been heard in sub-committee and committee in the opposite body. The two bills contain slight differences and will have to be reconciled in conference, but there is little question they will pass. Passage will, of course, depend on what happens on the floor, but since both passed their body of origin, unless the school board members who visited last week have had an impact we haven't seen, they will pass. We have spoken against the bills for many different reasons, but it was obvious that they were going to go. Our opposition (VSRA) was based on the time needed for remediation...when figuring the time left after we accounted for the required recess, the required teacher planning time and the required instructional time, it seems that 22 minutes is the average left for real remediation. These two bills have delayed implementation...2014-2015, the same school year that a 100% NCLB pass rate is required. If school divisions employ additional PE teachers to provide the extra time needed to meet the 150 minute per week requirement, there will be a significant local cost. (I say that because there is no state impact since they say elementary teachers can teach PE.)

The conferees are talking about budget, but it is never obvious exactly when and where they meet. The Senate budget is much better to education than the House; the House budget actually takes from us while the Senate adds to our appropriation. If you are inclined, you may want to e-mail your delegate and say you support the Senate budget as it provides more for education, and you may want to tell your senator that you support the Senate budget.

Next week will wrap it up...Saturday, Feb. 26. Will provide a summary after everything has gone through the floor votes.

 

Winter-2011 Update

These short sessions of the General Assembly really put one to the test...so many bills and not enough time.

The bills we are most interested in have both passed their own houses...HB 1792 and SB 1270 (identical bills). Now they will go to the opposite house for the same process all over again. I hope they don't go to sub-committee where all the discussion takes place. I really don't want any more discussion...just want them to move on through.

There is another big issue before the House right now, and that is a bill requiring 150 minutes per week of daily physical education. We have raised many questions and objections because the bill is not really clear. Who provides the PE. when, how does it cut into instructional time, education vs fitness? Many questions were raised and hopefully at a meeting today, the delegate and a group of folks will work out the details before it goes to the floor next week. The General Assembly is extremely concerned about childhood obesity and both the House and the Senate have bills regarding the PE mandate. Over many objections from school folks about how the details would work, the bill was sailing. The Joint Commission on Health put in a similar bill. The bottom line is that a bill will come out of this session regarding additional physical education. Will keep you posted on that.

Another issue that is receiving attention this year is the length of school day and year. Because they can't be funded, related bills have not passed out of committee. There is going to be a big study that is going to look at these issues...at least that is the way it looked yesterday when I left Rules Committee to go to a 5 PM Education Sub-committee. Couldn't stay in Rules because we had six bills on opening of school before Labor Day. We are the only state out of 20 southern and surrounding states not allowed to go before Labor Day. The room was packed with opposition to the bill...every tourism group that exists must have been there along with a former Lieutenant Governor. Needless to say...money talks and schools were not heard. One school division had a request for a study on the issue, which they may roll into the study on length of school day and year. Will let you know more next week.
Another bill of interest is HB 2009. This is a bill that would allow open enrollment within certain parameters in a school division. This bill, too, has caused a big stir and at this point more work is going to be done before it goes to full committee.

It has been an interesting year...just as we are seeing a tug regarding rights of the state vs rights of the feds, we are also seeing some reaction regarding how prescriptive the state is becoming vs the power of the local school board to make decisions. As you know, in Virginia, the Constitution vests the power of running the schools in the hands of local school boards. We are living in some interesting political times. All I can say is thank goodness for dedicated teachers who continue on a daily basis to teach our children !!!!!!

 

Summer-2010 Update

I know you are not expecting news from me at this time, and I don't know how many of you will actually receive it. In any case, I wanted to let you know that today at the Board of Education meeting, Vicki Oakley on behalf of VSRA presented the Friend of Literacy award to Dr. Pat Wrigiht, State Supt. of Public Instruction. As you have heard over the last couple years, Dr. Wright has done evrything she could to help with funding for reading specialists. She was the one who proposed that requirements for EIRI funding be opened up for use in hiring reading specialists. We supported that and submitted letters on behalf of VSRA. You will remember that she also took her Saturday last Novemeber and talked with us about the Common Core State Standards. Vicki did a really nice job of not only presenting the award but of also getting in a few words about the mission of VSRA. A nice PT spot for us!
 
 Another important thing happened today. The Board adopted a statement opposing the adoption of the newly developed Common Core Standards as a prerequisite for participation in federal competitive grant and entitlement programs. They listed many of the same reasons Dr. Wright mentioned to us last November. Certainly one important one is that Virginia has invested far more in its SOL than the $250 million we could have potentially received by abandoning the SOL and competing in phase two of Race to the Top. The Board did say it supported and continues to support the development of internationally benchmarked standards for states to adopt outright or to use as models to improve their own standards. The Board, however, opposes the use of  federal rulemaking and peer review as leverage to compel word-for-word adoption of the Common Core State Standards. Hurray for the Governor and the Board of Education!!!  Common Sense instead of Common Core has prevailed !!!

2009 Virginia General Assembly Highlights

• Faced with tough economic times, very few education bills came before the state legislature.  Those that did pass and that relate to education are summarized briefly below:
  

• HB2070 – School Boards will develop policies that allow a parent of twins in the same grade to request that they be placed in the same or separate classrooms.  Schools may recommend classroom placement, but they must provide the placement requested by the parent unless the superintendent makes a different placement following the principal’s request.  The parent must make the request within 3 days of the children’s first day of attendance in the school.  At the end of the first grading period, if the principal, in consultation with the teacher, determines that the placement is disruptive to the classroom or is harmful to the children’s social or educational development, the principal may request that the superintendent determine the children’s placement.
  

• HB 1746 & SB 827 - Family Life Education Bill – The value, benefits, challenges, and responsibilities of marriage have been added to the family life curriculum.
  

• HB 1923 allows a local school board to assess a reasonable charge for damages or loss of school property if such property was provided to student without charge.
  

• HB 1942 allows school boards to establish single-gender schools within the division (single-sex classes are already allowed).  Participation of students must be voluntary and the division must make available to the student an equal coeducational school or class.
  

• HB 2166 states that no statutes or regulations prescribing additional requirements on which accreditation of schools is based other than those already in effect on July 1, 2008, shall be effective before July 1, 2010, unless required by federal code, regulation, or court action, nor shall any additional graduation requirements become effective before July 1, 2010.  Passing rates required for full accreditation in 2010-2011 based on assessments administered during 2009-2010 shall be the same passing rates required for full accreditation during 2008-2009. 
  

• HB 2474 provides that elementary teachers are to have an average of 30 minutes daily during the school week as planning time.
  The governor requested, and the general assembly approved, that reading specialists could be hired using funds from the Lottery’s Early Intervention Reading Initiative.

• General Assembly 2010                        Report 1 – Jan. 23, 2010
  from Troilen Seward, VSRA Legislative Advocate

   

  Although the General Assembly has been in session for a week, there is not much action to report. Things really started rolling only after the Governor was inaugurated on Saturday.
  
  In spite of the financial situation in which the state finds itself, a huge number of bills have been introduced. As usual, everything in the House with any financial impact has to be sent to Appropriations.

  A number of bills that have to do with the Local Composite Index have been filed. The spectrum of these bills is quite broad and so I expect to see some major study of that issue. This is the mechanism that determines the locality's share of paying for education. For example, if your composite index is .24, then the locality pays 24 cents on the dollar and the state pays 76. There are several counties (Bath, Louisa and Surry) where the locality pays 80 cents and the state 20. That is because there is a nuclear power plant that supposedly generates "beaucoup" tax dollars; yet, the free and reduced lunch might be 50%. This issue has needed attention for a long time and no one has wanted to touch it. There will be winners and losers, and there will be uproar!! It appears, however, the time may have arrived to deal with it!!  I do not think we will see a resolution during this session. In fact, I am certain we will not.
  
  Many bills have been filed regarding the opening date of school. This often happens when Labor Day falls as late as it did this year. There are many different proposals so we shall see how they play out. None has been heard as of this writing. The tourism industry will be there opposing all of them. The new Governor is pushing tourism so if any one of them should pass, it could be vetoed. Again, we shall watch with interest as this plays out.
  
  In terms of specific bills, two have come out of sub-committee and one of those two has come out of full committee that will be of interest to you. House Bill 558 is the one we have talked about that puts reading into the SOQ (Standards of Quality). Local school boards are directed to implement early identification, diagnosis, and assistance for students with reading and mathematics problems and to provide instructional strategies and practices that benefit the development of reading and math skills for all students (the reading area of this is PALS).  That section has now been expanded to say that local school divisions SHALL provide early reading intervention services to students in grades K-3 who demonstrate deficiencies based on individual performance on a diagnostic test that has been approved by DOE. Results have to be reported annually to DOE . Such intervention programs may include the use of special reading teachers, trained aides, aides to instruct in-class groups while the teacher provides direct instruction to the students needing assistance, computer-based tutorials, volunteer tutors under the supervision of a teacher or extended time in the school day or school year. Further into the bill, "To provide flexibility in the provision of reading intervention services, school divisions may use the state Early Intervention Reading Initiative funding and the required local match to employ reading specialists to provide the required reading intervention services. School divisions using the EIRI funds in this manner shall only employ instructional personnel licensed by the Board of Education," is the funding piece that we were hoping to have included. This came out of sub-committee with no opposition. Today in full committee, the chair reported that this was being sent to Appropriations to fix the language so that it matched what was in the Appropriation Act last year and this year.
  
  The other bill that will be of interest is HB 111. Delegate Lohr submitted this bill to delay the implementation of certain regulations and state statutes that relate to the accreditation of schools. This means that no new or additional requirements that exceed those on the books on July 1, 2008, will become effective until July 1, 2011.  This was passed in both sub-committee and full committee with no opposition. Legislators are looking for some relief for school divisions knowing the significant cuts that await them.
  
  

• General Assembly 2010                        Report 2 – Jan. 30 2010
  from Troilen Seward, VSRA Legislative Advocate

  Although many bills are going through committees, the big topic is budget. I sat through a Senate Finance Public Education Sub-committee on Thursday afternoon and imagined us stepping back to the days when I taught. Dr. Richard (Dick) Salmon, considered one of the state's "gurus" in school finance presented before the sub-committee. He pointed out that the state suffers from the abolition of the car tax some years ago; that represents $2 billion that the state must send to localities. The localities, of course, used to get those taxes from local personal property taxes. That $2 billion is what still has to be cut in addition to the $2+ billion that former Gov. Kaine already cut. Dr. Salmon remarked that in his nearly 50 years in public education, he could not remember a financial crisis as extensive as this one. He even ventured to say that public schools could be harmed to the extent that several generations will be repairing the damage.
  
  Now to some bills that may be of interest to you. A number of bills to allow school to begin before Labor Day have been introduced in both the House and the Senate. Thursday morning, there were 5 in Senate Education, and they all made it out of full committee. (Don't get excited, however. What has happened in the past is that on the floor, they will get referred to Commerce and Labor which is very sympathetic to tourism and the hospitality industry.) We will see what happens next week.
  
  Another topic of interest is a statewide uniform grading policy. Two delegates, Lohr and Anderson, both submitted bills on the House side. Delegate Lohr's bill, House Bill 397, was rolled into Delegate Anderson's HB 978 in sub-committee Thursday night. After a great deal of discussion, the SC (sub-committee) voted to carry the bill over for study by the Board of Education. There are good arguments both pro and con. I will follow this during the next year.
  
  HB 528 introduced by Delegate Nixon of Chesterfield was reported from sub-committee, which will most likely pass both houses in the end, requires the school principal or his designee to notify parents of a student, including those with an IEP, whenever action has been taken to restrain such student.
  
  Last and most important is a Senate Resolution, SJR 31, that directs JLARC to study the reading proficiency of third graders. Senator John Miller of Newport News introduced this because of the connection between proficiency of third grade readers and future criminal behavior. He requested this last year, but studies have a cost attached and so it did not pass. I don't know what will happen this year.

  That is it for this week!