HB 359 — Public school funding; nonpersonal cost categories, federal fund deduction methodology.

SESSION INTRODUCEDHOUSE 24102517DSUBSTITUTE I24105883D HOUSEAMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Education on January 24, 2024) (Patron Prior to Substitute––Delegate Simonds) A BILL NO.to amend and reenact § 22.1-253.13:2, as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-98.3, relating to public school funding;

359certain Offeredcalculations; January 10, 2024 N Prefiled January 6, 2024 T A BILL to amend and reenact § 22.1-253.13:2, as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-98.3, relating to public schRol funding;

nonpersonal cost categories;

––––––––––nd deduction methodology;

O1. Patrons––Simonds and Martinez –––––––––– D Referred to Committee on Education U –––––––––– Be it enacted by the General Assembly of Virginia:

CThat 1.§ 22.1-253.13:2, as it shall become effective, of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 22.1-98.3 as follows:

That § 22.1-253.13:2,22.1-98.3. as it shall become effective, of the Code of Virginia is amended and E reenacted and that the Code of Virginia is amended by adding a section numbered 22.1-98.3 as follows:

DDepartment; A.

Incertain calculating nonpersonal costs in the Standards of Quality funding formula,calculations. the Department shall include the costs associated with leased facilities and work-related employee travel.

B.A.

In calculating nonpersonal costs in the Standards of Quality funding formula, the Department shall include the costs associated with work-related travel, leases, rentals, and non-capital fOcility expB.

C.

In calculating costs in the Standards of Quality funding formula, the Department shall coSbine the March 31 Average Daily Membership (ADM) for those school divisions that have partnered as a fiscal agent division and a contractual division.

E employee benefit costs incurred by a majority of school divisions, including costs related to retirement, health care, life insurance, and payout of earned but unused leave.

S Instructional, administrative, and support personnel.

H A.

The Board shall establish requirements for the licensing of teachers, principals, superin3endents,superintendents, and other professional personnel.

9B B.C.

SchoolEach boardsschool board shall employassign licensed instructional personnel qualified in thea relevantmanner subjectthat producesject areas.

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 thanthanIthe the following ratios:

if the average 36 daily membership in any kindergarten class exceeds 24 pupils, a full-time teacher's aide shall beTe assigned38 tostudents; the class;

(ii) 24 to one in grades one, two, and three with no class being larger than 30 students;

and (iv) 3439 24 to one in English classes in grades six through 12.

After September 30 of any school year, anytime 3540 the number of students in a class exceeds the class size limit established by this subsection, the local 37school division shall notify the parent of each student in such class of such fact no later thaE 10 days after the date on which the class exceeded the class size limit.

Such notification shall state the reason 38 that the class size exceeds the class size limit and describe the measures that the local school division 39 will take to reduce the class size to comply with this subsection.

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.

Further, school boards shall assign instructional personnel in a manner that produces schoolwide ratios of students in average daily memberships to full-time equivalent teaching positions of 212H to one in middle schools and high schools.

School divisions shall provide all middle and high school teachersteac3ers with oneD.one planning period per day or the equivalent, unencumbered of any teaching or supervisory duti9s.

Each local school board shall employ with state and local basic, special education, gifted, and 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 appropriation act.

State HB359H1 2 of 4 funding for prevention, intervention, and remediation programs provided pursuant to this subsection and the localappropriation schoolact boards.ymay be used to support programs for educationally at-risk students as identified by Tothe providelocal algebra readiness intervention services required by § 22.1-253.13:1, school divisionsboards. may HB359 2 of 4 employ mathematics teacher specialists to provide the required algebra readiness intervention services.

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.

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,4 clinical social worker licensed by the Board of Social Work, psychologist licensed by the Board of Psychology, or other licensed counseling the Board 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 of 4 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 liIensedlicensed counselingschool professionaldivision, withmay appropriateenter experienceinto andan trainingannual tocontract fillwith aanother schoolentity counselorfor vacNncythe provision of schooly in the counseling services by a licensed professional counselor, clinical social worker, or psychologist or another licensed counseling professional with appropriate experience and training.

Local school boards that employ a sufficient number of individuals to meet the staffing requirements set forth in tRisthis subdivision may assign such individuals to schools within the division according to the area of greatest need,neeI. regardless of whether such schools are elementary, middle, or high schools.

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

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

Local school boards shall employ two full-time equivalent positions per 1,000 students in grades kindergarten through 12, one to provide technology support and one to serve as an instructionalUgradesinstructional technology resource teacher.

CO To provide flexibility, school divisions may use the state and local funds for instructionalEtechnology resource teachers to employ a data coordinator position, an instructional technology resource teachertUacherology 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 ofofSdata data analysis and interpretation for instructional and school improvement purposes, as well as for overall data shallmanagement employand onlyadministration instructionalof personnelstate licensedassessments. by the Board.ions using these funds in this manner K.

School divisions using these funds in this Eanner shaK.

S L.