HB 2124 — School psychologists; staffing flexibility, DOE to ensure process & criteria to obtain licensure.

Instructional4. personnel support, including professional development positions and library and of 13 media positions not included in subdivision H 3;

Instructional personnel support, including professional development positions and library and media positions not included in subdivision H 3;

part-time to 299 students, one full-time at 300 students;

one full-time and one additional full-time for each 600of 13 students beyond 200 students and one full-time for the library at 750 students;

and (iv) 24 to one in English classes in grades six through 12.

of 13 F.

In addition to the positions supported by basic aid and those in support of regular school year programs of prevention, intervention, and remediation, state funding, pursuant to the general E appropriation act, shall be provided to support (i) 18.5 full-time equivalent instructional positions in the 2020-2021 school year for each 1,000 students identified as having limited English proficiency and (ii) 20 full-time equivalent instructional positions in the 2021-2022 school year and thereafter forReachfor each 1,000 students identified as having limited English proficiency, which positions may include dual language teaToteachers who provide flexibilityinstruction in the instruction of English language learners who have limited English proficiency and whoin area atsecond risklanguage. of not meeting state accountability standards, school divisions may use state and local funds from the Standards of Quality Prevention, Intervention, and Remediation account to employ additional English language learner teachers or dual language teachers to provide instruction to identified limited English proficiency students.

UsingTo theseprovide fundsflexibility in thisthe mannerinstruction isof intendedEnglish tElanguage supplementlearners who have limited English proficiency and who are at risk of not meeting state accountability standards, school divisions may use state and local funds from the instructionalStandards servicesof providedQuality inPrevention, thisIntervention, section.and Remediation account to employ additional English language learner teachers or dual language teachers to provide instruction to of 13 identified limited English proficiency students.

Using these funds in this manner is intended to supplement the instructional services provided in this section.

In addition to the full-time equivalent positions required elsewhere in this section, each local school board shall employ one reading specialist for each 550 students in kindergarten through grade three.

Each such reading specialist shall have training in science-based reading research andhand grade evidence-based literacy instruction practices.

In addition, each such reading specialist shall have training in the identification of and the appropriate interventions, accommodations, and teaching techniques for students with dyslexia or a related disorder and shall serve as an advisor on dyslexia and relaHedrelated disorders.

Such reading specialist shall have an understanding of the definition of dyslexia and a working knowledge of (i) techniques to help a student on the continuum of skills with dyslexia;1(ii)dyslexia; dyslexia characteristics that may manifest at different ages and grade levels;

(iii)(ii) thedyslexia basiccharacteristics 4oundationthat ofmay themanifest keysat todifferent reading,ages including multisensory, explicit, systemic, and structuredgrade readinglevels; instrucRion;

(iii) the basic foundation of the keys to reading, including multisensory, explicit, systemic, and structured reading instruction;

To provide reading intervention services required by § 22.1-253.13:1, school divisions may employ reading specialists to provide the required reading intervention services.

Assistant principals in elementary schools, one half-time at 600 students, one full-time at 900 in high schools, one full-time for each 600 students;

and school divisions that employ a sufficientincipals number of assistant principals toin meetmiddle thisschools, staffingone requirementfull-time mayfor assigneach assistant600 principalsstudents; to schools within the division according to the area of greatest need, regardless of whether such schools are elementary, middle, or secondary;

assistant principals in high schools, one full-time for each 600 students;

and school divisions that employ a sufficient number of assistant principals to meet this staffing requirement may assign assistant principals to schools within the division according to the area of greatest need, regardless of whether such schools are elementary, middle, or secondary;

Local school divisions that employ a sufficient number of librarians to meet this staffing requirement may assign librarians to schools within the division according to the area of 4.greatest need, regardless of whether such schools are elementary, middle, or secondary;

and 4.

However, in order to meet the staffing requirements set forth in this subdivision, any local school board (i) may employ, under a provisional license issued by the Department for three school years with an allowance for an additional two-year extension with the approval of the division superintendent, any professional counselor licensed by the Board of Counseling, clinical social worker licensed by the Board of Social Work, psychologist licensed by the Board of Psychology, or other licensed counseling professional with appropriate experience and training, provided that any such individual makes progress toward completing the requirements for full licensure as a school counselor during such period of employment or (ii) in the event that the school board does not receive any application from a licensed school counselor, professional counselor, clinical social worker, or psychologist or another licensed counseling professional with appropriate experience and training to fill a school counselor vacancy in the school division, may enter into an annual contract with another entity for the provision of school of 13 counseling services by a licensed professional counselor, clinical social worker, or psychologist or another licensed counseling professional with appropriate experience and training.

The data coordinator position is intended to serve as a resource to principals and classroom teachers in the area of data of 13 analysis and interpretation for instructional and school improvement purposes, as well as for overall data management and administration of state assessments.

Executive policy and leadership positions, including school board members, superintendents and of 13 assistant superintendents;

E 3.

(iv) attendance support positions reRatedrelated to truancy and dropout prevention;

and (v) health and behavioral administrative positions not included in sub4.subsection O;

4.

L 5.

and security service, trade, and laborer poEitions;positions;

and D 8.

part-time to 299 students, one full-time at 300 students;

one full-time and one additional full-time for each highstudents schools;beyond 200 students and one full-time for the library at 750 students;

oneclerical full-timepersonnel and one additional full-time for each 600 students beyond 200 students and in oneof full-time13 forhigh theschools; library at 750 students.

Localone schoolfull-time divisionsand thatone employadditional afull-time sufficientfor numbereach of600 school-basedstudents clericalbeyond personnel200 tostudents meetand thisone staffingfull-time requirementfor may assign the clericallibrary personnelat to750 schoolsstudents. within the division according to the area of greatest need, regardless of whether such Hchools are elementary, middle, or secondary.

BLocal Pursuantschool divisions that employ a sufficient number of school-based clerical personnel to meet this staffing requirement may assign the appropriationclerical act,personnel supportto servicesschools shallwithin bethe fundeddivision fromaccording basicto schoolthe aid.area of greatest need, regardless of whether such schools are elementary, middle, or secondary.

1Pursuant Schoolto divisions may use the stateappropriation andact, local funds for support services toshall providebe additiona4funded instructionalfrom services.basic school aid.

RSchool Q.divisions may use the state and local funds for support services to provide additional instructional services.

NotwithstandingQ. the provisions of this section, when determining the assignment of instructional and other licensed personnel in subsections C through J, a local school board shall not be required to inc§ 22.1-253.13:2.

Notwithstanding the provisions of this section, when determining the assignment of instructional and other licensed personnel in subsections C through J, a local school board shall not be required to include full-time students of approved virtual school programs.

§ 22.1-253.13:2.

Each school board shall assign licensed instructional personnel in a manner that produces divisionwide ratios of students in average daily membership to full-time equivalent teaching positions, excluding special education teachers, principals, assistant principals, school counselors or certain other licensed individuals as set forth in subdivision H 4, and librarians, that are not greater than the dailyfollowing membershipratios: in any kindergarten class exceeds 24 pupils, a full-time teacher's aide shall behe average assigned to the class;

(i) 24 to one in kindergarten with no class being larger than 29 students;

if the average daily membership in any kindergarten class exceeds 24 pupils, a full-time teacher's aide shall be assigned to the class;

and (iv) 24 to one in English classes in grades six through 12.

Within its regulations governing special education programs, the Board shall seek to set pupil/teacher ratios for pupils with intellectual disability that do not exceed the pupil/teacher ratios for self-contained classes for pupils with specific learning disabilities.

ofE. prevention, intervention, and remediation, state funding, pursuant to the appropriation act, shall be provided to fund certain full-time equivalent instructional positions for each 1,000 students in grades K of 13 through 12 who are identified as needing prevention, intervention, and remediation services.

In addition to the positions supported by basic aid and in support of regular school year programs of prevention, intervention, and remediation, state funding, pursuant to the appropriation act, shall be provided to fund certain full-time equivalent instructional positions for each 1,000 students in grades K through 12 who are identified as needing prevention, intervention, and remediation services.

In addition to the positions supported by basic aid and those in support of regular school year programs of prevention, intervention, and remediation, state funding, pursuant to the general appropriation act, shall be provided to support (i) 18.5 full-time equivalent instructional positions in the 2020-2021 school year for each 1,000 students identified as having limited English proficiency and (ii) 20 full-time equivalent instructional positions in the 2021-2022 school year and thereafter for each 1,000 students identified as having limited English proficiency, which positions may include dual language teachers who provide instruction in English and in a second language.

Using these funds in this manner is intended to of 13 supplement the instructional services provided in this section.

However, in order to meet the staffing requirements set forth in this subdivision, any local school board (i) may employ, under a provisional license issued by the Department for three school years with an allowance for an additional two-year extension with the approval of the division superintendent, any professional counselor licensed by the Board of Counseling, clinical social worker licensed by the Board of Social Work, psychologist licensed by the Board of Psychology, or other licensed counseling of 13 professional with appropriate experience and training, provided that any such individual makes progress toward completing the requirements for full licensure as a school counselor during such period Efof employment or (ii) in the event that the school board does not receive any application from a licensed school counselor, professional counselor, clinical social worker, or psychologist or another licensed counseling professional with appropriate experience and training to fill a school counselor vacRncyvacancy in the school division, may enter into an annual contract with another entity for the provision of school counseling services by a licensed professional counselor, clinical social worker, or psychologist or another licensed counseling professional with appropriate experience and training.

L I.

Local school boards shall employ five full-time equivalent positions per 1,000 students iEin grades kindergarten through five to serve as elementary resource teachers in art, music, and physical education.

To provide flexibility, school divisions may use the state and local funds for instructional technology resource teachers to employ a data coordinator position, an instructional technology resource teacherologyteacher position, or a data coordinator/instructional resource teacher blended position.

The data coordinator position is intended to serve as a resource to principals and classroom teachers in the area of data analysis and interpretation for instructional and school improvement purposes, as well as for oHeralloverall data management and administration of state assessments.

1of 13 K.

Local school boards may employ additional positions that exceed these minimal staffing 4 requirements.

These additional positions may include, but are not limited to, those funded throRghthrough the state's incentive and categorical programs as set forth in the appropriation act.

A combined school, such as kindergarten through 12, shall meet at all grade levels the staffing requirements for schoolthe counselorshighest orgrade certainlevel other licensed individuals as set forth in subdivisionthat Hschool; 4, and shall bet based on the school's total enrollment.

this requirement shall apply to all staff, except for school counselors or certain other licensed individuals as set forth in subdivision H 4, and shall be based on the school's total enrollment.

School classesboards fundedshall throughreport thepupil/teacher voluntaryratios kindergartenthat throughinclude thirdresource gradeteachers classin sizethe reductionsame programannual shallreport. be identified as such classes.

Any classes funded through the voluntary kindergarten through third grade class size reduction program shall be identified as such classes.

Students who are either (i) enrolled in a nonpublic school or (ii) receiving home instruction pursuant to § 22.1-254.1, and who are enrolled in public school on a less than full-time basis in any mathematics, science, English, history, social science, career and technical education, fine arts, foreign language, or health education or physical education course shall be counted in the ADM in enrollmentthe byrelevant suchschool studentsdivision shallon bea countedpro rata basis as 0.25provided in the ADM;appropriation act.

however,Each no such nonpubliccourse orenrollment homeurseby schoolsuch studentstudents shall be counted as more0.25 thanin one-halfthe aADM; student for purposes of such pro rata calculation.

however, no such nonpublic or home school student shall be counted as more than one-half a student for purposes of such pro rata calculation.

In order to fill vacant school psychologist positions, any local school board may employ, under a provisional license issued by the Department for three school years with an allowance for an additional two-year extension with the approval of the division superintendent, clinical psychologists licensed by the Board of Psychology, provided that any such individual makes progress toward completing the of 13 requirements for full licensure as a school psychologist during such period of employment.

part-time to 299 students, one full-time at 300 students;

one full-time and one additional full-time for each 600 students beyond 200 students and one full-time for the library at 750 students;

Local school divisions that employ a sufficient number of school-based clerical personnel to meet this staffing requirement may assign the clerical personnel to of 13 schools within the division according to the area of greatest need, regardless of whether such schools are elementary, middle, or secondary.

and (iv) 24 to one in English classes in grades six through 12.

Each local school board shall employ with state and local basic, special education, gifted, and of 13 career and technical education funds a minimum number of licensed, full-time equivalent instructional personnel for each 1,000 students in average daily membership (ADM) as set forth in the approprEationappropriation act.

In addition to the positions supported by basic aid and in support of regular school year programs of prevention, intervention, and remediation, state funding, pursuant to the appropriation act,Rshallact, shall be provided to fund certain full-time equivalent instructional positions for each 1,000 students in grades K fundingthrough for12 prevention,who intervention,are andidentified remediationas programsneeding providedprevention, pursuantintervention, to this subsection and theremediation appropriationservices. act may be used to support programs for educationally at-risk students as identified by the local school boards.

ToState providefunding algebrafor readinessprevention, interventionintervention, servicesand requiredremediation byprograms §provided 22.1-253.13:1,pursuant schoolto divisionsthis maysubsection employand mathematicsthe teacherappropriation specialistsact may be used to providesupport theprograms requiredfor algebraeducationally readinessat-risk interventionstudents sErvices.as identified by the local school boards.

To provide algebra readiness intervention services required by § 22.1-253.13:1, school divisions may employ mathematics teacher specialists to provide the required algebra readiness intervention services.

D F.

In addition to the positions supported by basic aid and those in support of regular school year programs of prevention, intervention, and remediation, state funding, pursuant to the general appropriation act, shall be provided to support (i) 18.5 full-time equivalent instructional positions in the 2020-2021 school year for each 1,000 students identified as having limited English proficiency and (ii)n(ii) the 20 full-time equivalent instructional positions in the 2021-2022 school year and thereafter for each 1,000 students identified as having limited English proficiency, which positions may include dual language teachers who provide instruction in English and in a second language.

H To provide flexibility in the instruction of English language learners who have limited English proficiency and who are at risk of not meeting state accountability standards, school divisions1maydivisions may use state and local funds from the Standards of Quality Prevention, Intervention, and Remediation a4countaccount to employ additional English language learner teachers or dual language teachers to provide instruRtioninstruction to identified limited English proficiency students.

School divisions using the SOQ licensedPrevention, byIntervention, theand BoardRemediation of Education.iation funds in this manner shall employ only instructional personnel G.licensed by the Board of Education.

of 13 G.

(ii) thedyslexia keyscharacteristics tothat reading,may includingmanifest multisensory,at explicit,different systemic,ages and structuredgrade readinglevels; instruction;

andn(iii) the basic foundation of (iv)the appropriatekeys interventions,to accommodations,reading, andincluding assistivemultisensory, technologyexplicit, supportssystemic, forand studentsstructured withreading dyslexia.instruction;

and (iv) appropriate interventions, accommodations, and assistive technology supports for students with dyslexia.

employed1. on a 12-month basis;me in each elementary school, middle school, and high school, to be 2.

Principals, one full-time in each elementary school, middle school, and high school, to be employed on a 12-month basis;

2.

librarians in high schools, one half-time to 299 students, one full-time at 300 students, meettwo thisfull-time staffingat requirement1,000 maystudents. assign librarians to schools within the division according to the area of greatest need, regardless of whether such schools are elementary, middle, or secondary;

andLocal school divisions that employ a sufficient number of 13librarians 4.to meet this staffing requirement may assign librarians to schools within the division according to the area of greatest need, regardless of whether such schools are elementary, middle, or secondary;

and 4.

These additional positions may include, but are not limited to, those funded through the of 13 state's incentive and categorical programs as set forth in the appropriation act.

For purposes of this subsection, specialized student support positions include school social of 13 workers, school psychologists, school nurses, licensed behavior analysts, licensed assistant behavior analysts, and other licensed health and behavioral positions, which may either be employed by tEethe school board or provided through contracted services.

NIn order to fill vacant school psychologist positions, any local school board may employ, under a provisional license issued by the Department for three school years with an allowance for an additional two-year extension with the approval of the division superintendent, clinical psychologists licensed by the Board of Psychology, provided that any such individual makes progress toward completing theOthe requirements for full licensure as a school psychologist during such period of employment.

L For the purposes of this title, unless the context otherwise requires, "support services positions" shall inc1.include the following:

1.

D 2.

and (v) health and behavioral administrative positions not included in sub4.subsection O;

Instructional4. personnel support, including professional development positions and libraryHand media positions not included in subdivision H 3;

BInstructional 5.personnel support, including professional development positions and library and media positions not included in subdivision H 3;

5.

1 6.

pupil transportation positions4 operation and maintenance professional and service positions;

operation and securitymaintenance service,professional trade, and laborerservice poRitions;positions;

and security service, trade, and laborer positions;

and 3008. students;

School-based clerical personnel in elementary schools;

part-time to 299 students, one full-time at students;

one full-time and one additional full-time for eachteach 600 students beyond 200 students and one full-time for the library at 750 students;

of 13 Pursuant to the appropriation act, support services shall be funded from basic school aid.

That the Department of Education shall consult the Virginia Academy of School Psychologists, and other stakeholders as necessary, to ensure that the process and criteria for provisionally licensed school psychologists to obtain full licensure as school psychologists appropriately address the challenges that are unique to school psychology training requirements and the schooltelyschool address psychology profession generally.