SB 421 — Libraries and education services; obsolete provisions.

The Board of Education shall develop eligibility criteria for such cost-savings and service-sharing of 27 agreements and for the adjustment of the state share for basic aid, consistent with the approprEationappropriation act.

The Department of Education shall annually report to the Chairmen of the House Committee on D Appropriations and Senate Committee on Finance and Appropriations the cost-savings agreements made and the adjusted state shares so approved.

receivedB. to supplant local funds appropriated for education.

The local school board receiving the adjusted state share shall not use the additional funds received to supplant local funds appropriated for education.

However, no school division shall be required to maintain a per pupil expenditure for operations that exceeds the per pupil expenditure in the prior fiscal yeaS.year.

The superintendent of the school division shall inform the Superintendent of Public Instruction of 4hethe public education purpose for which these local funds shall be used.

1 C.

Nothing in this section shall prohibit the Commonwealth from terminating or modifying anyRany program or function under which distribution to a local school board has been made, and if so terminated or modified all obligations hereunder shall cease or be reduced in proportion with such modifications, as the case may be.

terminatedD. by the relevant school divisions.

Except as provided in subsection C, such contractual agreements shall remain in effect until terminated by the relevant school divisions.

boardA. may sell such property and may retain all or a portion of the proceeds of such sale upon approval of the local governing body and after the school board has held a public hearing on such sale and retention of proceeds, or may convey the title to such real property to the county or city or town comprising the school division or, if the school division is composed of more than one county or city, to the county or city in which the property is located.

Whenever a school board determines that it has no use for some of its real property, the school board may sell such property and may retain all or a portion of the proceeds of such sale upon approval of the local governing body and after the school board has held a public hearing on such sale and retention of proceeds, or may convey the title to such real property to the county or city or town comprising the school division or, if the school division is composed of more than one county or city, to the county or city in which the property is located.

A school board shall have the power to exchange real and personal property, to lease real and personal property either as lessor or lessee, to grant easements on real property, to convey real property in trust to secure loans, to convey real property to adjust the boundaries of the property and to sellertysell personal property in such manner and upon such terms as it deems proper.

Notwithstanding the provisions of subsections A and B, a school board of the City of Virginia Beach shall have the power to sell property to the Virginia Department of Transportation or the Commissioner of Highways when the Commissioner has determined that (i) such conveyance is necessary and (ii) when eminent domain has been authorized for the construction, reconstruction, alteration, maintenance, and repair of the public highways of the Commonwealth, and for all other purposes incidental thereto,,thereto, including, but not limited to, the relocation of public utilities as may be required.

of 28 D.

of 27 Local governing bodies may establish a separate escrow fund for the deposit of such funds as provided in § 22.1-175.5.

The General Assembly finds that Virginia educational research supports the conclusion that poor children are more at risk of educational failure than children from more affluent homes and that reduced of 28 pupil/teacher ratios and class sizes result in improved academic performance among young children;

to this end, the General Assembly establishes a long-term goal of reducing pupil/teacher ratios anEand class sizes for grades K through three in those schools in the Commonwealth with high or moderate concentrations of at-risk students.

N With such funds as are provided in the appropriation act for this purpose, there is hereby eRtablishedestablished the statewide voluntary pupil/teacher ratio and class size reduction program for the purpose of reaching the long-term goal of statewide voluntary pupil/teacher ratio and class size reductions for grades K through three in schools with high or moderate concentrations of at-risk students, consistent with the provisions provided in the appropriation act.

L In order to facilitate these primary grade ratio and class size reductions, the Department of Education shall calculate the state funding of these voluntary ratio and class size reductions based on the incremental cost of providing the lower class sizes according to the greater of the division avErageaverage per-pupil cost of all divisions or the actual division per-pupil cost.

By hasMarch a31 complyingof pupil/teachereach ratio.onsyear, school divisions shall forward data substantiating that each participating school In developing each proposed biennium budget for public education, the Board of Education27 shallhas includea fundingcomplying forpupil/teacher theseratio. ratios and class sizes.

In developing each proposed biennium budget for public education, the Board of Education shall include funding for these ratios and class sizes.

S B.

The General Assembly finds that educational technology is one of the most important 4 components, along with highly skilled teachers, in ensuring the delivery of quality public scho1lschool education throughout the Commonwealth.

Therefore, the Board of Education shall strive to incorpRrateincorporate technological studies within the teaching of all disciplines.

With such funds as are appropriated for this purpose, the Board of Education shall award to the several school divisions grants for expanded access to educational technology.

Each qualifying school board shall establish an individualized technology plan, which shall be approved by the Superintendent of Public Instruction, for integrating technology into the classroom and into schoolwide instructional programs, including career and technical education programs.

If any elementary, middle or high school has already met this priority, the 1994 biennium grant shall be used to provide other educational technologies identified in the relevant division's approved technology plan, such as multimedia and telecomputing packages, integrated learning systems, laptop computer loan programs, career and technical education laboratories or other electronic techniques designed to enhance public education and to facilitate teacher training in and implementation of effective instructionalanceinstructional technology.

(ii) providing (a) one network-ready multimedia microcomputer for each classroom, (b) a five-to-one ratio of pupils to network-ready microcomputers, (c) graphing calculators and relevant scientific probes/sensors as required by the Standards of Learning, and (d) training and professional development on available technologies and software to all levels and positions, including professional development for personnel developingdelivering integratedcareer voice-, video-, and data-connectivitytechnical toeducation local, national, and international resources.in This funding may be used to implement a local school division's long-range technology plan, at theall oflevels 28 discretion of the relevant school board, if the local plan meets or exceeds the goals and standardspositions; of the Board's revised six-year technology plan and has been approved by the Superintendent of Public Instruction.

and (iii) assisting school divisions in developing integrated voice-, video-, and data-connectivity to local, national, and international resources.

This funding may be used to implement a local school division's long-range technology plan, at the discretion of the relevant school board, if the local plan meets or exceeds the goals and standards of the Board's revised six-year technology plan and has been approved by the Superintendent of Public Instruction.

In fiscal year 2000, the Board of Education shall, with such funds as are appropriated for this purpose, contract for the development or purchase of interactive educational software and other instructional materials designed as tutorials to improve achievement on the Standards of Learning of 27 assessments.

Accordingly in an effort to attract and retain high quality teachers, local school boards may offer of 28 instructional personnel serving in such schools as a member of a middle school teacher corps administered by the Department of Education incentives such as increased compensation, improvedEimproved retirement benefits in accordance with Chapter 6.2 (§ 51.1-617 et seq.) of Title 51.1, increased deferred compensation in accordance with § 51.1-603, relocation expenses, bonuses, and other incentives as may be determined by the board.

R For purposes of this subsection, "middle school teacher corps" means licensed instructional personnel who are assigned to a local school division to teach in a subject matter in grades six, seven, or eight where there is a critical need, as determined by the Department of Education.

L A.

By July 1, 1994, upon Upon the appropriation and authorization of federal funds for the E reimbursement of school breakfast programs, each school board shall establish a school breakfast program in any public school in which twenty-five 25 percent or more of enrolled school-age children were approved eligible to receive free or reduced price meals in the federally funded lunch program during the previous school year.

regulationsB. shall include, but not be limited to, criteria for eligibility and exemptions;

The Board of Education shall promulgate regulations for the implementation of the program.

Such regulations shall include, but not be limited to, criteria for eligibility and exemptions;

notification of parents and guardians of the availability of thSthe school breakfast program;

and provision to teachers, children, and their parents or guardians of nutri4ionnutrition information describing the relationship between good nutrition, learning, and health.

1of 27 C.

Each school board subject to the provisions of this section shall develop and implement aRplana plan to ensure compliance with the provisions of subsection A and submit the plan to the Department of Education no later than thirty 30 days prior to the commencement of the program.

Beginning by June 30, 1995, and thereafter annually, each Each school board shall annually report such information as required in subsection B to the Department of Education on such forms and in the manner to be prescribed by the Board.

In addition, the Board shall supervise those programs of evaluation, education, and training provided to school-age children by the Department of Health, the Department of Behavioral Health and Developmental Services, the children's teaching hospital associated with the Eastern Virginia Medical School, the Virginia Commonwealth University Health System Authority, the children's teaching hospital associated with the Virginia Commonwealth University Health System Authority, and the University of Virginia Hospitals pursuant to the Board's standards and regulations as required by § 22.1-7.

The education programs in the relevant detention homes and state agencies and institutions shall be approved by the Board, and the Board shall prepare a budget for these educational programs which that shall be solely staffingsupported ratiosby forsuch regionalgeneral orfunds localas detentionare homesappropriated shallby bethe basedGeneral onAssembly a ratio of one teacher for everythis twelvepurpose. 12 beds based on the capacity of the facility;

Teacher staffing ratios for regional or local detention homes shall be based on a ratio of one teacher for every twelve 12 beds based on the capacity of the facility;

In any case in which the Board enters into a contract with the relevant state agency or institution, the Department of Human Resource Management shall establish salary schedules for the teachers which that are§are 22.1-212.24.competitive with those in effect for the school divisions in which the agency or institution is located.

§ 22.1-212.24.

contracts with local school boards.isboards. located.

The Superintendent of Public Instruction shall develop, and the Board of Education shall approve, of 28 (i) the criteria and application process for approving multidivision online providers;

of 27 D.

of 28 Effective July 1, 2001, the The BoardofBoard of Education shall publicize and disseminate to parents of students who are enrolled in special education programs or for whom a special education placemeEtplacement has been recommended information regarding current federal law and regulation addressing procedures and rights related to the placement and withdrawal of children in special education.

N § 22.1-253.13:3.

Accreditation, other standards, assessments, and releases from Rtatestate regulations.

AdministrativeA. Process Act (§ 2.2-4000 et seq.), which shall include (i) student outcome and growthhe measures, (ii) requirements and guidelines for instructional programs and for the integration of educational technology into such instructional programs, (iii) administrative and instructional staffing levels and positions, including staff positions for supporting educational technology, (iv) student services, (v) auxiliary education programs such as library and media services, (vi) requirementE for graduation from high school, (vii) community relations, and (viii) the philosophy, goals, and objectives of public education in the Commonwealth.

D The Board shall promulgate regulations establishing standards for accreditation ofpursuant publicto virtualthe schoolsAdministrative underProcess Act (§ 2.2-4000 et seq.), which shall include (i) student outcome and growth measures, (ii) requirements and guidelines for instructional programs and for the authorityintegration of educational technology into such instructional programs, (iii) administrative and instructional staffing levels and positions, including staff positions for supporting educational technology, (iv) student services, (v) auxiliary education programs such as library and media services, (vi) requirements for graduation from high school, (vii) community relations, and (viii) the localphilosophy, schoolgoals, boardand thatobjectives enrollof studentspublic fulleducation time.in the Commonwealth.

processThe isBoard transparentshall andpromulgate basedregulations onestablishing objectivestandards measurementsfor andaccreditation thatof anypublic appealvirtual ofschools under the accreditationtionauthority status of athe local school isboard heardthat andenroll decidedstudents byfull thetime. Board.

The Board's regulations establishing standards for accreditation shall ensure that the accreditation process is transparent and based on objective measurements and that any appeal of the accreditation status of a school is heard and decided by the Board.

The Board shall review the accreditation status of a school once every three years if the school haShas been fully accredited for three consecutive years.

Upon such triennial review, the Board shall revie4review the accreditation status of the school for each individual year within that triennial review period1period. If the Board finds that the school would have been accredited every year of that triennial review periRd the Board shall accredit the school for another three years.

TheIf the Board mayfinds reviewthat the accreditation status of any other school oncewould everyhave twobeen yearsaccredited or once every threeyear years,of provided that anytriennial schoolreview thatperiod receivesthe aBoard multiyear accreditation status other than full accreditation shall beaccredit coveredthe byschool afor Board-approvedanother actionthree planyears. shall include annual written progress updates to the Board.

AThe multiyearBoard accreditationmay statusivereview shallthe notaccreditation relievestatus of any other school once every two years or divisiononce every three years, provided that any school that receives a multiyear accreditation status other than full accreditation shall be covered by a Board-approved multiyear corrective action plan for the duration of annualthe reportingperiod requirements.of accreditation.

Such multiyear corrective action plan shall include annual written progress updates to the Board.

A multiyear accreditation status of 27 shall not relieve any school or division of annual reporting requirements.

The Board shall establish a corrective action plan process for any school that does not meet the standards established by the Board.

Such process shall require (a) each school board to submit athea corrective action plan for any school in the local school division that does not meet the standards established by the Board and (b) any school board that fails to demonstrate progress in developing or implementing any such corrective action plan to enter into a memorandum of understanding with the Board.

After the conduct of such review and within the time specified by the Board, each school board shall enter into a memorandum of understanding with the Board and shall subsequently submit to the Board for approval a corrective action plan, consistent with criteria established by the Board setting forth specific actions and a schedule designed to ensure that schools within its school division meet the standards established by the Board.

The portion of such criteria that measures individual student growth shall become an integral part of the accreditation process for schools in which any grade level in the grade three through eight range is taught.

The Superintendent of Public Instruction shall annually report to the Board on thehthe accreditation status of all school divisions and schools.

Such report shall include an analysis of the of 28 strengths and weaknesses of public education programs in the various school divisions in Virginia and recommendations to the General Assembly for further enhancing student learning uniformly across the Commonwealth.

of 27 The Department shall make available to school divisions Standards of Learning assessments typically administered by high schools by December 1 of the school year in which such assessments are to be administered or when newly developed assessments are available, whichever is later.

Each school board shall annually certify that it has provided instruction and administered an alternative assessment, consistent with Board guidelines, to students in grades three through eight in of 28 each Standards of Learning subject area in which a Standards of Learning assessment was not administered during the school year.

Such guidelines shall (a) incorporate options for age-apprEpriate,age-appropriate, authentic performance assessments and portfolios with rubrics and other methodologies designed to ensure that students are making adequate academic progress in the subject area and that the Standards of Learning content is being taught;

(b) permit and encourage integrated assessments that include Rultiplemultiple subject areas;

and (c) emphasize collaboration between teachers to administer and substantiate the alternativeassessments assessments.essionaland the professional development of teachers to enable them to make the best use ofO Local school divisions shall provide targeted mathematics remediation and intervention to students in grades six through eight who show computational deficiencies as demonstrated by their individual performance on any diagnostic test or grade-level Standards of Learningalternative mathematicsassessments. test that measures non-calculator computational skills.

ELocal Theschool Departmentdivisions shall awardprovide recoverytargeted creditmathematics toremediation anyand studentintervention to students in grades threesix through eight who performsshow belowcomputational gradedeficiencies levelas ondemonstrated aby Standardstheir ofindividual Learningperformance assessment in English reading or mathematics, receives remediation, and subsequently retakes and performs at or above grade level on such an assessment, including any suchdiagnostic studenttest whoor subsequentlygrade-level retakesStandards such an assessment on an expedited basIn addition, to assess the educational progress of students,Learning themathematics Boardtest shall (1) develop appropriate assessments, which may include criterion-referenced tests and other assessment instruments that maymeasures benon-calculator usedcomputational byskills. classroom teachers;

The Department shall award recovery credit to any student in grades three through eight who performs below grade level on a Standards of Learning assessment in English reading or mathematics, receives remediation, and subsequently retakes and performs at or above grade level on such an assessment, including any such student who subsequently retakes such an assessment on an expedited basis.

In addition, to assess the educational progress of students, the Board shall (1) develop appropriate assessments, which may include criterion-referenced tests and other assessment instruments that may be used by classroom teachers;

and (3) prescribe and provide measures, which may include nationally normed tests to be used toSto identify students who score in the bottom quartile at selected grade levels.

An annual justific4tionjustification that includes evidence that the student meets the participation criteria defined by the Department s1allshall be provided for each student considered for the Virginia Grade Level Alternative.

Each Individual R Education Program team shall review such justification and make the final determination as to whether or not the Virginia Grade Level Alternative is appropriate for the student.

The superintendent and the school board chairman shall certify to the Board, as a part of certifying compliance with the Standards of Quality, that there is a justification in the Individual Education Program for every student who takes the Virginia Grade Level Alternative.

Compliance with this requirement shall be monitored as a part ofkesof the special education monitoring process conducted by the Department.

Board of Education Scholarship Program, pursuant to § 30-231.2, who is enrolled in a preparation program for a high school equivalency examination of 27 approved by the Board or in an adult basic education program or an adult secondary education program to obtain the high school diploma or a high school equivalency certificate.

ofThe Learning.tmentDepartment shall develop processes for informing school divisions of changes in the Standards The Board may adopt special provisions related to the administration and use of anyLearning. Standards of Learning test or tests in a content area as applied to accreditation ratings for any period during which the Standards of Learning content or assessments in that area are being revised and phased in.

The Board may adopt special provisions related to the administration and use of any Standards of Learning test or tests in a content area as applied to accreditation ratings for any period during which the Standards of Learning content or assessments in that area are being revised and phased in.

The Board shall not include in its calculation of the passage rate for a Standards of Learning assessment or the level of achievement of the Standards of Learning objectives for an individual student growth assessment for the purposes of state accountability any student whose parent has decided to not have his child take such Standards of Learning assessment, unless such exclusions would result in the school's not meeting any required state or federal participation rate.

exclusions would result in the D.

However, this section shall not prohibit the disclosure of records to (i) a local school board or division superintendent for the purpose of permitting such board or superintendent to consider or to take personnel action with regard to an employee or (ii) any requester, after the conclusion of a review or investigation, in a form that (a) of 28 does not reveal the identity of any person making a complaint or supplying information to the Board on a confidential basis and (b) does not compromise the security of any test mandated by the Board.

Each local school division superintendent shall regularly review the division's submission of data and reports required by state and federal law and regulations to ensure that all information is accurate of 27 and submitted in a timely fashion.

The Board may also grant local school boards waivers of specific requirements in § 22.1-253.13:2, based on submission of a request from the division superintendent and chairman of the local school board, permitting the local school board to assign instructional personnel to the schools with the greatest needs, so long as the school division employs a sufficient number of personnel divisionwide to meet the total number required by § 22.1-253.13:2 and all pupil/teacher ratios and class size maximums set forth of 28 in subsection C of § 22.1-253.13:2 are met.

The school board shall provide in its request a description of how the waivers from specific Standards of Quality staffing standards are designed to increaEeincrease the quality of instruction and improve the achievement of students in the affected school or schools.

R § 22.1-253.13:4.

whoA. transfer from nonpublic schools or from home instruction, who meet the requirements prescribed byts the Board of Education and meet such other requirements as may be prescribed by the local school board and approved by the Board of Education.

Each local school board shall award diplomas to all secondary school students, including students who transfer from nonpublic schools or from home instruction, who meet the requirements prescribed by the Board of Education and meet such other requirements as may be prescribed by the local school board and approved by the Board of Education.

The standards for accrediEationaccreditation shall include provisions relating to the completion of graduation requirements through Virtual Virginia.

Further, reasonable accommodation to meet the requirements for diplomas shall be provided for D otherwise qualified students with disabilities as needed.

In addition, each local school board may devise, vis-a-vis the award of diplomas to secondary school students, a mechanism for calculating class rankings that takes into consideration whether the student has taken a required class more than one time and has had any prior earned grade for such required classntclass has expunged.

Each local school board shall notify the parents of rising eleventh and twelfth grade students of (i) the requirements for graduation pursuant to the standards for accreditation and (ii) the requirSmentsrequirements that have yet to be completed by the individual student.

4 B.

Students identified as disabled who complete the requirements of their individualized edu1ationeducation programs and meet certain requirements prescribed by the Board pursuant to regulations but do nRtnot meet the requirements for any named diploma shall be awarded Applied Studies diplomas by local school boards.

Each local school board shall notify the parent of such students with disabilities who have an individualized education program and who fail to meet the graduation requirements of the student's right to a free and appropriate education to age 21, inclusive, pursuant to Article 2 (§ 22.1-213 et seq.) of Chapter 13.

Each local school board shall provide guidance from the Department to parents of students with disabilities regarding the Applied Studies diploma and its limitations at a student's annual individualized education program meeting corresponding to grades three through 12 when curriculum or statewide assessment decisions are being made that impact the type of diploma for which the student can qualify.

Students who have completed a prescribed course of study as defined by the local school board shall be awarded certificates of program completion by local school boards if they are not eligible to of 27 receive a Board of Education-approved-approved diploma.

If such student who does not graduate or complete such requirements is a student for whom English is a second language, the local withschool §board 22.1-5.hallshall notify the parent of the student's opportunity for a free public education in accordance D.with § 22.1-5.

D.

Establish multiple paths toward college and career readiness for students to follow in the later credentialing.school.years of high school.

Each such pathway shall include opportunities for internships, externships, and 4.credentialing.

Provide4. for the selection of integrated learning courses meeting the Standards of Learning and of 28 approved by the Board to satisfy graduation requirements, which shall include Standards of Learning testing, as necessary.

Provide for the selection of integrated learning courses meeting the Standards of Learning and approved by the Board to satisfy graduation requirements, which shall include Standards of Learning testing, as necessary.

of 27 For the purposes of this subdivision, "career and technical education completer" means a student who has met the requirements for a career and technical concentration or specialization and all requirements for high school graduation or an approved alternative education program.

of 28 14.

The Board of Education sEallshall develop guidelines addressing how computer science courses can satisfy graduation requirements.

Permit local school divisions to waive the requirement for students to receive 140 clock hours of instruction upon providing the Board with satisfactory proof, based on Board guidelines, that tRethe students for whom such requirements are waived have learned the content and skills included in the rel16.relevant Standards of Learning.

Provide16. for the award of verified units of credit for a satisfactory score, as determined by the Board, on the Preliminary ACT (PreACT) or Preliminary SAT/National Merit Scholarship QualifyingL Test (PSAT/NMSQT) examination.

Provide for the award of verified units of credit for a satisfactory score, as determined by the Board, on the Preliminary ACT (PreACT) or Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT) examination.

Permit students to exceed a full course load in order to participate in courses offered by an institution of higher education that lead to a degree, certificate, or credential at such instiEution.institution.

Placement19. or International Baccalaureate foreign language examination or an SAT II Subject Test in a foreign language to substitute computer coding course credit for any foreign language course credit required to graduate, except in cases in which such foreign language course credit is required to earn an advanced diploma offered by a nationally recognized provider of college-level courses.

SPermit 20.any English language learner who previously earned a sufficient score on an Advanced Placement or International Baccalaureate foreign language examination or an SAT II Subject Test in a foreign language to substitute computer coding course credit for any foreign language course credit required to graduate, except in cases in which such foreign language course credit is required to earn an advanced diploma offered by a nationally recognized provider of college-level courses.

Permit20. a student who is pursuing an advanced diploma and whose individualized education 4 program specifies a credit accommodation for world language to substitute two standard units of1credit in computer science for two standard units of credit in a world language.

ForPermit anya student thatwho Rlectsis topursuing substitutean aadvanced creditdiploma inand computerwhose scienceindividualized foreducation creditprogram inspecifies worlda language,credit hisaccommodation orfor herworld schoollanguage counselorto mustsubstitute providetwo noticestandard tounits theof studentcredit andin parentcomputer orscience guardianfor oftwo possiblestandard impactsunits relatedof tocredit collegein entrancea requirements.world language.

seals:InFor theany exercisestudent ofthat itselects authority to recognizesubstitute exemplarya performancecredit byin providingcomputer science for diplomacredit 1.in world language, his or her school counselor must provide notice to the student and parent or guardian of possible impacts related to college entrance requirements.

E.

In the exercise of its authority to recognize exemplary performance by providing for diploma seals:

1.

and3. understanding of our state and federal constitutions and the democratic model of government for the Board of Education-approved-approved diplomas.

The Board shall establish criteria for awarding a diploma seal for excellence in civics education and understanding of our state and federal constitutions and the democratic model of government for the Board of Education-approved-approved diplomas.

The Board shall consider criteria including the student's (i) of 27 score on a College Board Advanced Placement foreign language examination, (ii) score on an SAT II Subject Test in a foreign language, (iii) proficiency level on an ACTFL Assessment of Performance toward Proficiency in Languages (AAPPL) measure or another nationally or internationally recognized language proficiency test, or (iv) cumulative grade point average in a sequence of foreign language courses approved by the Board.

(iii) earned a Board of Education-approved-approved career and technical education credential such as the successful completion of an industry certification, a state licensure examination, a national occupational competency assessment, the Armed Services Vocational Aptitude Battery, or the Virginia workplace readiness skills assessment;

of 28 G.

Any parent who moves into a school division or begins home instruction after the school year has begun shall notify the division superintendent of his intention to provide home instruction as soon as practicable and shall thereafter comply with the requirements of this section within 30 days of such notice.

The requirements of this subsection C shall not apply to children who are under the age of six as of September 30 of the school of 27 year.

Any party aggrieved by a decision of the division superintendent may appeal his decision within 30 days to an independent hearing officer.

School boards shall make Advanced Placement (AP), Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT), and PreACT examinations available to students receiving home of 28 instruction pursuant to this section.

School boards shall notEfynotify such students and their parents of such registration deadline and the availability of financial assistance to low-income and needy students to take such examinations.

N G.

No division superintendent or local school board shall disclose to the Department of EducRtionEducation or any other person or entity outside of the local school division information that is provided by a parent division superintendent or localstudent schoolto boardsatisfy may disclose, with the writtenrequirements consent of athis student'ssection parent,or suchsubdivision informationB to1 theof extent§ provided22.1-254. by the parent's consent.

However, a division superintendent or local school board may disclose, with the written consent of a student's parent, such information to the extent provided by the parent's consent.

L § 22.1-271.3.

Guidelines for school attendance for children infected with human E immunodeficiency virus;

D A.

The Board of Education, in cooperation with the Board of Health, shall develop, and revise as necessary, model guidelines for school attendance for children infected with human immunodeficiency copiesvirus. of these guidelines to each division superintendent and every school board member in thebute Commonwealth immediately following completion development or revision.

The first such guidelines shall be completed by December 1, 1989.

The Board shall distribute copies of these guidelines to each division superintendent and every school board member in the Commonwealth immediately following completion development or revision.

Such guidelines shall be consistent with the model guidelines forSsuchfor such school attendance developed by the Board of Education.

4 C.

Every school board shall ensure that all school personnel having direct contact with stud1ntsstudents receive appropriate training in the etiology, prevention, transmission modes, and effects of blRod-borneblood-borne pathogens, specifically, hepatitis B and human immunodeficiency viruses or any other infections that are the subject of regulations promulgated by the Safety and Health Codes Board of the Virginia Occupational Safety and Health Program within the Department of Labor and Industry.

exposure-proneD. incident which that may have exposed the employee to the blood or body fluids of a student, the division superintendent shall contact the local health director who, upon immediate investigation of the incident, shall determine if a potentially harmful exposure has occurred and make recommendations, based upon all information available to him, regarding how the employee can reduce any risks from such exposure.

Upon notification by a school employee who believes he has been involved in a possible exposure-prone incident which that may have exposed the employee to the blood or body fluids of a student, the division superintendent shall contact the local health director who, upon immediate investigation of the incident, shall determine if a potentially harmful exposure has occurred and make recommendations, based upon all information available to him, regarding how the employee can reduce any risks from such exposure.

§ 22.1-274.

School health services.

In implementing subsection P of § 22.1-253.13:2, relating to providing support services that are necessary for the efficient and cost-effective operation and maintenance of its public schools, each school board may strive to employ, or contract with local health departments for, nursing services consistent with a ratio of at least one nurse (i) per 2,500 students by July 1, 1997;1996;

(ii) per 2,000 students by July 1, 1997;

of 27 C.

The Board shall also determine how school health funds are used and school health services are delivered in each locality and shall provide, by December 1, 1994, a detailed analysis of school health expenditures to the EducationHouse andCommittee Health,on andEducation, the House Committee on Appropriations, the Senate Committee on FinanceEducation and Appropriations.teHealth, and the Senate Committee on D.Finance and Appropriations.

WithD. the exception of school administrative personnel and persons employed by school boards of 28 who have the specific duty to deliver health-related services, no licensed instructional employee, instructional aide, or clerical employee shall be disciplined, placed on probation, or dismissed on the basis of such employee's refusal to (i) perform nonemergency health-related services for students or (ii) obtain training in the administration of insulin and glucagon.

With the exception of school administrative personnel and persons employed by school boards who have the specific duty to deliver health-related services, no licensed instructional employee, instructional aide, or clerical employee shall be disciplined, placed on probation, or dismissed on the basis of such employee's refusal to (i) perform nonemergency health-related services for students or (ii) obtain training in the administration of insulin and glucagon.

of 27 D.

of 28 E.

Local school boards may establish, as a separate account, a school crime line fund, consisting of private contributions, local appropriations specifically designated for such purposes, and suchEfundssuch funds as may be appropriated for this purpose by the Commonwealth pursuant to the appropriation act.

R A.

This section shall be known and may be cited as the "Public School Security Equipment Grant ActB.Act of 2013." B.

O "Authority" means the Virginia Public School Authority.

L "Department" means the Department of Education.

"Eligible school division" means a (i) local school division or (ii) regional vocational center, special education center, alternative education center, or academic year Governor's School serving publEcpublic school students in grades K through 12.

D "Local school division" means a school division with schools subject to state accreditation and whose students are required to be reported in fall membership for grades K through 12.

"Security equipment" includes building modifications and fixtures, including security vestibules, vaping detectors, security-related devices located outside of the school building on school property, and security-related devices located on school buses.

The Authority shall issue bonds for the purpose of grant payments to eligible school divisions of the Commonwealth to be used exclusively for purchasing security equipment for schools, includinSincluding any related installation, which that is designed to improve and help ensure the safety of students 4ttendingattending public schools in Virginia the Commonwealth.

Such grants shall not be used to pay for security 1 equipment that is not included or described in a grant application approved by the Department pRrsuantpursuant to subsection D.

Funds for the payment of such grants shall be provided from the issuance of bonds by the Authority, provided that the Authority shall not issue more than an aggregate of $6 million in bonds, after all costs, for such grants during each fiscal year of the Commonwealth.

Such grants shall be in addition to all other grants made to local governments, school boards, or local school boardsdivisions oraccording interest rate subsidy payments to locallaw. school boards pursuant to Chapter 11.1to (§ 22.1-175.1 et seq.) of Title 22.1, and the issuance of such bonds and the payment of such grants shall not, except as herein provided, affect or otherwise amend the provisions of such chapter as they relate to the powers and duties of the Authority, local school boards, local governments, or any other entity.

In addition, such grants shall not replace or be in lieu of loans to local school boards or interest rate subsidy payments to local school boards pursuant to Chapter 11.1 (§ 22.1-175.1 et seq.) of Title 22.1, and the issuance of such bonds and the payment of such grants shall not, except as herein provided, affect or otherwise amend the provisions of such chapter as they relate to the powers and duties of the Authority, local school boards, local governments, or any other entity.

The Superintendent of Public Instruction is authorized to reduce the local match for local school divisions with a composite index of local ability-to-pay less than 0.2000, including any such school division participating in a regional vocational center, special education center, alternative education center, or academic year Governor's School.

The Virginia School for the Deaf and the Blind shall be exempt fromr,from or the match requirement.

The Department, however, shall not make such written certification until it has established that the Authority has sufficient funds to make of 27 such grant payment.

The Authority shall only make grant payments to an eligible school division for theethe grants provided under this section upon receipt of such written certification.

The Authority shall make of 28 such grant payments, and in the amounts as directed by the Department, within 30 days of receipt of the certification.

As a condition of employment, the governing boards or administrators of private elementary or secondary schools that are accredited pursuant to § 22.1-19 shall require any applicant who accepts of 28 employment, whether full-time full time or part-time, part time or permanent, or temporary, to submit to of 27 fingerprinting and to provide personal descriptive information to be forwarded along with the aEplicant'sapplicant's fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant.

N The Central Criminal Records Exchange, upon receipt of an applicant's record or notificationRthatnotification that no record exists, shall report to the governing board or administrator, or to a private organization coordinating such records on behalf of such governing board or administrator pursuant to a written agreement with the Department of State Police, that the applicant meets the criteria or does not meet the criteria for employment based on whether or not the applicant has ever been convicted of any barrier crime as defined in § 19.2-392.02.

The Central Criminal Records Exchange shall not disclose information to such governing board, administrator, or private organization coordinating such records regarding charges or convictioEsconvictions of any crimes.

The information provided to the governing board, administrator, or private organization coordinating such records shall not be disseminated except as provided in this section.

A governing board or administrator employing or previously employing a temporary teacher or a private organization coordinating such records on behalf of such governing board or administrator pursuant to a written agreement with the Department of State Police may disseminate, at the written request of such temporary teacher, whether such teacher Seetsmeets the criteria or does not meet the criteria for employment pursuant to subsection A to the governing4boardgoverning board or administrator of another accredited private elementary or secondary school in which such teache1teacher has accepted employment.

Such governing board, administrator, or private organization transferring Rriminalcriminal records information pursuant to this section shall be immune from civil liability for any official act, decision, or omission done or made in the performance of such transfer, when such acts or omissions are taken in good faith and are not the result of gross negligence or willful misconduct.

Fees charged for the processing and administration of background checks pursuant to this section shall not exceed the actual cost to the state of such processing and administration.toadministration. this section C.

C.

The governing boards or administrators of private elementary and secondary schools that are accredited pursuant to § 22.1-19 shall adopt and implement policies prohibiting any individual who is a governing board member, administrator, employee, contractor, or agent of a private elementary or secondary school to assist a governing board member, administrator, employee, contractor, or agent of such private elementary or secondary school in obtaining a new job if such individual knows or has probable cause to believe that the individual seeking new employment engaged in sexual misconduct regarding a minor or student in violation of law.

§ 22.1-303.

Probationary terms of service for teachers.

The division superintendent shall consider such nonrenewalevaluations, ofamong suchother probationarythings, teacher'sin contractmaking asany providedrecommendations into §the 22.1-305.boardschool board regarding the Anynonrenewal teacher hired on or after July 1, 2001, shall be required, as a condition of achievingsuch continuingprobationary ofteacher's 28 contract status,as toprovided have successfully completed training in instructional§ strategies22.1-305. and techniques for intervention for or remediation of students who fail or are at risk of failing the Standards of Learning assessments.

Any teacher hired on or after July 1, 2001, shall be required, as a condition of achieving continuing contract status, to have successfully completed training in instructional strategies and techniques for intervention for or remediation of students who fail or are at risk of failing the Standards of Learning assessments.

In the event a local school division fails to offer said training in a timely of 27 manner, no teacher will be denied continuing contract status for failure to obtain such training.

Funding for the costs of expenses of the members shall be provided from such funds as may be appropriated to of 28 the Board of Visitors of the Virginia School for the Deaf and the Blind, in accordance with the appropriations act.

E D.

The Superintendent of Public Instruction shall designate a member of the staff of the Department of Education to serve as a consultant to the Board of Visitors of the Virginia School for the Deaf and the Blind on matters pertaining to instruction, federal and state special education requirementR,requirements, and school accreditation, and to provide technical assistance to assist the Board of Visitors in meeting speE.specific instructional and school accreditation needs.

of 27 E.

O 1.

Prescribe the criteria and procedures governing admissions to the school, and the review of student placement, to ensure the appropriateness of the placement and instructional program of each stuEentstudent admitted to the school, pursuant to § 22.1-348 and in accordance with federal and state special education laws and regulations.

D 3.

Establish a policy governing the transportation of students at the school to permit frequent home visits by students, and to provide to each student transportation to and from the school and the place of res4.residence of such student's parent or guardian whenever the school is officially closed.

4.

The superintenSentsuperintendent shall be appointed every two years and the other officers and faculty annually.

However, the superint4ndent,superintendent, with the approval of the chairman of the Board of Visitors, shall be authorized to fill vacanci1svacancies in positions appointed by the Board of Visitors occurring between meetings of the Board of VisitorR.Visitors.

Establish the qualifications, duties, and compensation of the superintendent, other officers, faculty, and7.and employees of the school.

7.

Every (i) library board established pursuant to § 42.1-35 or (ii) governing body of any county, city, or town that, pursuant to § 42.1-36, has not established a library board pursuant to § 42.1-35, shall establish an acceptable use policy for the Internet designed to (a) prohibit use by library employees and patrons of the library's computer equipment and communications services for sending, receiving, viewing, or downloading illegal material via the Internet, (b) prevent access by library patrons under the age of 18 to material that is harmful to juveniles, and (c) establish appropriate measures to be taken against persons who violate the policy.

Such policy shall provide that a person authorized by the library board shall disable or otherwise bypass the technology protection measure required by this section at the request of a patron to enable access for however,bona iffide theresearch libraryor doesother notlawful havepurposes. a website, the policy shall be available to the public upon request.

The policy required by this section shall be posted online;

however, if the library does not have a website, the policy shall be available to the public upon request.

or (iii) installing privacy screens on governing body shall direct such libraries to select and install on those computers that are accessible to the public and have Internet access a technology protection measure as required by the policyInternet. of 28 established pursuant to subsection A.

For libraries established under § 42.1-33, the library board or governing body shall direct such libraries to select and install on those computers that are accessible to the public and have Internet access a technology protection measure as required by the policy established pursuant to subsection A.

The governing body of any county, city, or town in which no free public library system as provided in this chapter shall have has been established, may, in its discretion, appropriate such sums of money as to it seems proper determines is appropriate for the support and maintenance of any free library or library service operated and conducted in such county, city, or town by a company, society, or of 27 association organized under the provisions of §§ 13.1-801 through 13.1-980 Chapter 10 (§ 13.1-801 et seq.) of Title 13.1.

The imposition of such assessment shall be by ordinance of the governing body, which ordinance may provide for different sums in circuit courts and district courts, and the assessment shall be collected by the clerk of the court in which the action is filed, and remitted to the treasurer of such county, city, or town and held by such treasurer subject to disbursements by the governing body for the acquisition of (i) law books, law periodicals and computer legal research services, and computer terminals for of 28 offsite placement to maximize access to the law library by the public, and (ii) equipment for the establishment, use, and maintenance of a law library which that shall be open for the use of thEthe public at hours convenient to the public.

In addition to the acquisition of law books, law periodicals and computer legal research services, and equipment, the disbursements may include compensation to be paid to librarians and other necessary staff for the maintenance of such library and acquisitioRacquisition of suitable quarters for such library.

The compensation of such librarians and the necessary staff and the cost of suitable quarters for such library shall be fixed by the governing body and paid out of the fund created by the imposition of such assessment of cost.

Such libraries, pursuant to rules of the SupremendSupreme Court and at costs to such libraries, may have access to computer research services of the State Law Library.

The assessment provided for herein in this section shall be in addition to all other costs prescribed by law, but shall not apply to any action in which the CommonwealEhCommonwealth or any political subdivision thereof or the federal government is a party and in which the costs are assessed of 27 against the Commonwealth, or any political subdivision thereof, or the federal government.

The D governing body is authorized to accept contributions to the fund from any bar association.

Any such library established in the County of Wythe shall be located only in a town which that is the§the 42.1-77.seat of the county government.

Definitions.ernment.§ 42.1-77.

Definitions.

"Agency" means all boards, commissions, departments, divisions, institutions, and authorities, or and parts thereof, of the Commonwealth or its political subdivisions and includes the offices of coSstitutionalconstitutional officers.

4 "Archival quality" means a quality of reproduction consistent with established standards spe1ifiedspecified by state and national agencies and organizations responsible for establishing such standards, suchRassuch as the Association for Information and Image Management, the American National Standards Institute, and the National Institute of Standards and Technology.

"Archival record" means a public record of continuing and enduring value useful to the citizens of the Commonwealth and necessary to the administrative functions of public agencies in the conduct of services and activities mandated by law that is identified on a Library of Virginia approved records retention and disposition schedule as having sufficient informational value to be permanently maintained by the Commonwealth.

methods"Disaster toplan" bemeans followedthe ininformation casemaintained ofby an emergencyagency that impactsoutlines therecovery agency's records.covery techniques and "Electronicmethods record"to meansbe afollowed publicin recordcase whoseof creation,an storage,emergency andthat accessimpacts require the useagency's ofrecords. an automated system or device.

"Electronic record" means a public record whose creation, storage, and access require the use of an automated system or device.

"Metadata" means data describing the context, content, and structure of records and their management through time.

describing the context, content, and structure of records and their "Migration" means the act of moving electronic records from one information system or medium to another to ensure continued access to the records while maintaining the records' authenticity, integrity, reliability, and usability.

"Private record" means a record that does not relate to or affect the carrying out of the constitutional, statutory, or other official ceremonial duties of a public official, including the correspondence, diaries, transactingjournals, publicor business.notnotes that are not prepared for, utilized for, circulated, or communicated in the course of "Publictransacting official"public meansbusiness. all persons holding any office created by the Constitution of Virginia or by of 28 any act of the General Assembly, the Governor and all other officers of the executive branch of the state government, and all other officers, heads, presidents, or chairmen of boards, commissions, departments, and agencies of the state government or its political subdivisions.

"Public official" means all persons holding any office created by the Constitution of Virginia or by any act of the General Assembly, the Governor and all other officers of the executive branch of the state government, and all other officers, heads, presidents, or chairmen of boards, commissions, departments, and agencies of the state government or its political subdivisions.

of 27 "Records retention and disposition schedule" means a Library of Virginia-approved timetable stating the required retention period and disposition action of a records series.