SB 272 — Public school funding; ratios of instructional positions to English language learner students.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E766 An Act to amend and reenact § 22.1-253.13:2, as it shall become effective, of the Code of Virginia, students.torelating to public school funding;

ratios of instructional positions to English language leaRnerlearner Ostudents. [S 272] L Approved L Be it enacted by the General Assembly of Virginia:

E[S 1.272] Approved April 8, 2024 Be it enacted by the General Assembly of Virginia:

That1. § 22.1-253.13:2, as it shall become effective, of the Code of Virginia is amended and D ree§ 22.1-253.13:2.

That § 22.1-253.13:2, as it shall become effective, of the Code of Virginia is amended and reenacted as follows:

§ 22.1-253.13:2.

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

B.

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 poBitions,positions, excluding special education teachers, principals, assistant principals, school counselors or ce7taincertain other licensed individuals as set forth in subdivision H 4, and librarians, that are not greater than the following ratios:

ifEtheif 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.

Such notification shall state the reason willthat takethe toclass reducesize exceeds the class size tolimit complyand withdescribe thisthe subsection.measuresmeasures that the local school division Withinwill itstake regulationsto governingreduce special education programs, the Boardclass shallsize seek to setcomply pupil/teacher ratios for pupils with intellectualthis disabilitysubsection. that do not exceed the pupil/teacher ratios for self-contained classes for pupils with specific learning disabilities.

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.

careerD. 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.

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 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 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.

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 202020-2021 school year for each 1,000 students identified as having limited English proficiency and (ii) full-time equivalent instructional positions in the 2021-2022 school year and thereafter for each 1,000 students identified as having limited English proficiency ratios of instructional positions to English of 4 language learner students, based on each such student's English proficiency level, as established in the general appropriation act, which positions may include dual language teachers who provide instruction of 4 in English and in a second language.

Local school boards of 4 that employ a sufficient number of individuals to meet the staffing requirements set forth in this subdivision may assign such individuals to schools within the division according to the area ofEgreatestof greatest need, regardless of whether such schools are elementary, middle, or high schools.

Local 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 Rducation.education.

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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 instructional technology resource teacher.

to provide technology support and one to serve as an instructionalO 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 teacher 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 ofEdataof data analysis and interpretation for instructional and school improvement purposes, as well as for overall data management and administration of state assessments.

Local school boards may employ additional positions that exceed these minimal staffing state'srequirements. incentive and categorical programs as set forth in the appropriation act.se funded through the L.

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

L.

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

The Board may grant waivers from these staffing levels 2ponupon request from local school boards seeking to implement experimental or innovative programs that 2reare not consistent with these staffing levels.

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and (ii) the actual pupil/teacher ratios in middle school and high school in the local teachersschool whodivision teachby theschool gradefor andthe classcurrent onschool ayear. full-time basis and shall exclude resource personnel.

SchooleActual boards shall report pupil/teacher ratios thatshall include resourceonly the teachers inwho teach the samegrade annualand report.class on a full-time basis and shall exclude resource personnel.

School boards shall report pupil/teacher ratios that include resource teachers in the same annual report.

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 innein the relevant school division on a pro rata basis as provided in the appropriation act.

For purposes of this subsection, specialized student support positions include school social workers, school psychologists, school nurses, licensed behavior analysts, licensed assistant behavior schoolanalysts, boardand orother providedlicensed throughhealth contractedand services.sitions,behavioral positions, which may either be employed by the In order to fill vacant school psychologist positions, any local school board mayor 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 thatthrough anycontracted suchservices. individual makes progress toward completing the requirements for full licensure as a school psychologist during such period of employment.

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 requirements for full licensure as a school psychologist during such period of employment.

assistant1. superintendents;

Executive policy and leadership positions, including school board members, superintendents and 2.assistant superintendents;

2.

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