School principals; incident reports, written threats against school personnel, etc.
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SB 36 — School principals; incident reports, written threats against school personnel, etc.
Last action — Approved by Governor-Chapter 794 (effective 7/1/22)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced December 27, 2021. Enacted.
Signed by Governor Glenn Youngkin (Republican) on May 27, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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9 sponsors
1 primary, 8 co-sponsors signed on.
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Mixed recorded votes
8 passed, 1 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
School principals; incident reports. Requires that school principals report to law enforcement certain enumerated acts that may constitute a misdemeanor offense and report to the parents of any minor student who is the specific object of such act that the incident has been reported to law enforcement. Under current law, principals are required to make such reports only for such acts that may constitute a felony offense. The bill provides, as an exception to the requirement to report any written threats against school personnel while on a school bus, on school property, or at a school-sponsored activity, that a principal is not required but may report to the local law-enforcement agency any such incident committed by a student who has an individualized education plan. This bill incorporates SB 2, SB 287, and SB 613 and is identical to HB 4.
Bill Text
What changed in the latest version
136 added · 133 removedPlain-language change summary
The amendments to the bill clarify the immunity provided to individuals who report or investigate certain incidents in schools. Specifically, it updates the language to include "bomb threats, firebombs, explosive materials," and explicitly states that reporters must act with "reasonable cause" to receive immunity from civil liability. This change is significant as it outlines the protections available to those who report potential threats or harmful behavior, potentially encouraging more individuals to come forward with concerns.
RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 RECONVENED SESSION CHAPTER R794 An Act to amend and reenact §§ 8.01-47, 22.1-279.3:1, and 22.1-279.3:3 of the Code of Virginia,EVirginia, relating to school principals;
E N [S 36] Approved RMay O27, 1.2022 Be it enacted by the General Assembly of Virginia:
1.
L § 8.01-47.
L In addition to any other immunity he may have, any person who, in good faith with reasonableEcausereasonable cause and without malice, acts to report, investigate, or cause any investigation to be made into the activities of any student or students or any other person or persons as they relate to conduct involving bDmbbomb threats,subsection firebombs,subdivisions explosiveA materials,6 orand other7 similarof devices§ as22.1-279.3:1, describedalcohol or drug use or abuse in clausesor (vi)related andto (vii)thei) of school or institution or in connection with any school or institution activity, or information that an individual poses any credible danger of serious bodily injury or death to one or more students, school personnel, or others on school property shall be immune from all civil liability that might otherwise be incurred or imposed as the result of the making of such a report, investigation, or disclosure.
S A.
Reports shall be made to the division superintendent and to the principal or his designee3ondesignee on all incidents involving (i) the assault or assault and battery, without bodily injury, of any person on a school bus, on school property, or at a school-sponsored activity;
(ii) the:njury,the: of any persoE on a 1.
Alcohol,1. marijuana, a controlled substance, an imitation controlled substance, or an anab2lic steroid on a school bus, on school property, or at a school-sponsored activity, including the theft or attempted theft of student prescription medications;
Alcohol, marijuana, a controlled substance, an imitation controlled substance, or an anabolic steroid on a school bus, on school property, or at a school-sponsored activity, including the theft or attempted theft of student prescription medications;
The sexual assault, death, shooting, stabbing, cutting, or wounding of any person, abduction of any person as described in § 18.2-47 or 18.2-48, or stalking of any person as described in § 18.2-60.3, on a school bus, on school property, or at a school-sponsored activity;
(iii) any conduct involving alcohol,aalcohol, marijuana, a controlled substance, imitation controlled substance, or an anabolic steroid on a school bus, on school property, or at a school-sponsored activity, including the theft or attempted theft of student prescription medications;
(vi) any as6. defined in § 18.2-85, or explosive or incendiary devices, as defined in § 18.2-433.1, or chemicalices, bombs, as described in § 18.2-87.1, on a school bus, on school property, or at a school-sponsored activity;
Any illegal conduct involving firebombs, explosive materials or devices, or hoax explosive devices, as defined in § 18.2-85, or explosive or incendiary devices, as defined in § 18.2-433.1, or chemical bombs, as described in § 18.2-87.1, on a school bus, on school property, or at a school-sponsored activity;
B.
Except as may otherwise be required by federal law, regulation, or jurisprudence, each principal:
Shall immediately report to the local law-enforcement agency any incident described in principal:subdivision A 1 that may constitute a felony offense;
subdivision A 1 that may constitute a felony offense;
May report to the local law-enforcement agency any other incident described in subsection A that is 4.not required to be reported pursuant to subdivision 1 or 2;
and 4.
Further, the of 3 principal shall report whether the incident has been reported to local law enforcement pursuant to this subsection and, if the incident has been so reported, that the parents may contact local law enforcement of 3 for further information, if they so desire.
For the purposes of this section, "parent" or "parents" means any parent, guardian or other person of 3 having control or charge of a child.
diminishG. the Governor's authority to coordinate and provide policy direction on official communications between the Commonwealth and the United States government.
EThis H.section shall not be construed to diminish the authority of the Board of Education or to diminish the Governor's authority to coordinate and provide policy direction on official communications between the Commonwealth and the United States government.
NothingH. in this section shall require delinquency charges to be filed or prevent schools Erom delinquency charge is filed with the juvenile court.
Nothing in this section shall require delinquency charges to be filed or prevent schools from of 3 dealing with school-based offenses through graduated sanctions or educational programming before a §delinquency 22.1-279.3:3.charge is filed with the juvenile court.
§ 22.1-279.3:3.
N A.
A school board may establish an alternative school discipline process to provide the parties involved in an incident described in clause (i) of subsection A of § 22.1-279.3:1 of assault or assault and battery, without bodily injury, of any person on a school bus, on school property, or at arOassaulta school-sponsored activity the option to enter into a mutually agreed-upon process between the iLvolvedinvolved parties.
Such process shall be designed to hold the student accountable for a noncriminal offenLeoffense through a mB.mutually agreed-upon standard.
B.
If the parties fail to agree to participate in the process or fail to successfully complete the alternative school discipline process, then the principal may report the incident to the local law-enforcement agency pursuant to subsection D of § 22.1-279.3:1.ipal22.1-279.3:1. may report the incident S R 2
View plain text versions (6)
- CHAP0794 View text Current pdf May 27, 2022
- SB36ER2 View text pdf April 27, 2022
- SB36ER View text pdf March 02, 2022
- SB36ES1 View text pdf February 15, 2022
- Committee Substitute Committee substitute printed 22106441D-S1 pdf February 10, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22100573D pdf December 27, 2021
Action History
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Approved by Governor-Chapter 794 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., May 27, 2022
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Communicated to Governor on April 27, 2022
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Governor's Action Deadline 11:59 p.m., May 27, 2022
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Signed by Speaker as reenrolled
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Signed by President as reenrolled
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Reenrolled bill text (SB36ER2)
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Reenrolled
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Governor's recommendation adopted in-part.
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VOTE: Adoption (86-Y 13-N)
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House concurred in Governor's recommendation #2 (86-Y 13-N)
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Senate concurred in Governor's recommendation #2 (40-Y 0-N)
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Senate rejected Governor's recommendation #1 (19-Y 21-N)
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Governor's recommendation received by Senate
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 11, 2022
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Signed by President
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Impact statement from DPB (SB36ER)
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Signed by Speaker
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Enrolled
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Impact statement from DPB (SB36ES1)
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VOTE: Passage (66-Y 33-N)
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Passed House (66-Y 33-N)
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Read third time
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Read second time
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Reported from Education (18-Y 4-N)
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Referred to Committee on Education
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Read first time
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Placed on Calendar
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Passed Senate (26-Y 14-N)
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Constitutional reading dispensed (40-Y 0-N)
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Printed as engrossed 22106441D-ES1
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Engrossed by Senate - committee substitute with amendments SB36ES1
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Amendment #3 by Senator Norment agreed to
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Reading of amendment waived
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Amendment #2 by Senator Norment agreed to
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Reading of amendment waived
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Amendment #1 by Senator Norment rejected
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Reading of amendment waived
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Committee substitute agreed to 22106441D-S1
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Reading of substitute waived
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Read second time
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Passed by for the day
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Constitutional reading dispensed (40-Y 0-N)
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Committee substitute printed 22106441D-S1
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Reported from Education and Health with substitute (9-Y 6-N)
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Senate committee, floor amendments and substitutes offered
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Assigned Education sub: Public Education
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Impact statement from DPB (SB36)
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Referred to Committee on Education and Health
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Prefiled and ordered printed; offered 01/12/22 22100573D
Sponsors
- Bill DeSteph · Cosponsor
- Jr. William M. Stanley · Cosponsor
- Mark J. Peake · Cosponsor
- Bryce E. Reeves · Cosponsor
- David R. Suetterlein · Cosponsor
- Ruff, Frank M., Jr. · Cosponsor
- Jennifer A. Kiggans · Cosponsor
- Cosgrove, John A., Jr. · Cosponsor
- Norment, Thomas K., Jr. · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 8 co-sponsors · 139 not signed on · 51 voted No
"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 19 | 21 | 0 | 0 |
| Total | 19 | 21 | 0 | 0 |
| % of votes cast | 48% | 53% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 85 | 13 | 0 | 1 |
| Total | 85 | 13 | 0 | 1 |
| % of votes cast | 86% | 13% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 65 | 33 | 0 | 1 |
| Total | 65 | 33 | 0 | 1 |
| % of votes cast | 66% | 33% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 18 | 4 | 0 | 0 |
| Total | 18 | 4 | 0 | 0 |
| % of votes cast | 82% | 18% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Greenhalgh, Karen S. | — | Yea |
| Anne Ferrell Tata | — | Yea |
| Avoli, G. "John" | — | Yea |
| Batten, Amanda E. | — | Yea |
| Bourne, Jeffrey M. | — | Nay |
| Briana D. Sewell | — | Yea |
| Coyner, Carrie E. | — | Yea |
| Davis, Glenn R. | — | Yea |
| Delores L. McQuinn | — | Nay |
| Filler-Corn, Eileen | — | Yea |
| Freitas, Nicholas J. | — | Yea |
| Guzman, Elizabeth R. | — | Nay |
| LaRock, Dave A. | — | Yea |
| Maldonado, Michelle Lopes | — | Yea |
| McGuire, John J., III | — | Yea |
| Mike A. Cherry | — | Yea |
| Sam Rasoul | — | Nay |
| Schuyler T. VanValkenburg | — | Yea |
| Shelly A. Simonds | — | Yea |
| Subramanyam, Suhas | — | Yea |
| Tara A. Durant | — | Yea |
| Wampler, William C., III | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 26 | 14 | 0 | 0 |
| Total | 26 | 14 | 0 | 0 |
| % of votes cast | 65% | 35% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 6 | 0 | 0 |
| Total | 9 | 6 | 0 | 0 |
| % of votes cast | 60% | 40% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Nay |
| Cosgrove, John A., Jr. | — | Yea |
| David R. Suetterlein | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Edwards, John S. | — | Nay |
| Hashmi, Ghazala F. | — | Nay |
| Howell, Janet D. | — | Nay |
| L. Louise Lucas | — | Nay |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mamie E. Locke | — | Nay |
| Mark J. Peake | — | Yea |
| Newman, Stephen D. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Todd E. Pillion | — | Yea |
Subjects
Frequently asked questions
- What does SB 36 do?
- School principals; incident reports. Requires that school principals report to law enforcement certain enumerated acts that may constitute a misdemeanor offense and report to the parents of any minor student who is the specific object of such act that the incident has been reported to law enforcement. Under current law, principals are required to make such reports only for such acts that may constitute a felony offense. The bill provides, as an exception to the requirement to report any written threats against school personnel while on a school bus, on school property, or at a school-sponsored activity, that a principal is not required but may report to the local law-enforcement agency any such incident committed by a student who has an individualized education plan. This bill incorporates SB 2, SB 287, and SB 613 and is identical to HB 4.
- Who sponsors SB 36?
- SB 36 is sponsored by Bill DeSteph, William M. Stanley, Jr., Mark J. Peake, Bryce E. Reeves, David R. Suetterlein, Ruff, Frank M., Jr., Kiggans, Jennifer A., Cosgrove, John A., Jr., and Norment, Thomas K., Jr..
- What is the current status of SB 36?
- This bill has been enacted into law. Introduced December 27, 2021. Enacted.
- Where can I track SB 36?
- Track SB 36 free on One Click Politics — get push/email alerts when it moves.
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