Bill Text: VA HB1733 | 2023 | Regular Session | Prefiled
Bill Title: School boards; enrolled students present at meetings, public comment or citizen participation.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-02-07 - Left in Education [HB1733 Detail]
Download: Virginia-2023-HB1733-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §22.1-79 of the Code of Virginia is amended and reenacted as follows:
§22.1-79. Powers and duties.
A Each school
board shall:
1. See that the school laws are properly explained, enforced and observed;
2. Secure, by visitation or otherwise, as full information as possible about the conduct of the public schools in the school division and take care that they are conducted according to law and with the utmost efficiency;
3. Care for, manage and control the property of the school division and provide for the erecting, furnishing, equipping, and noninstructional operating of necessary school buildings and appurtenances and the maintenance thereof by purchase, lease, or other contracts;
4. Provide for the consolidation of schools or redistricting of school boundaries or adopt pupil assignment plans whenever such procedure will contribute to the efficiency of the school division;
5. Insofar as not inconsistent with state statutes and
regulations of the Board of Education,
operate and maintain the public schools in the school division and determine
the length of the school term, the studies to be pursued, the methods of
teaching and the government to be employed in the schools;
6. In instances in which no grievance procedure has been
adopted prior to January 1, 1991, establish and administer by July 1, 1992, a
grievance procedure for all school board employees, except the division
superintendent and those employees covered under the provisions of Article 2 (§
22.1-293 et seq.) and Article 3 (§22.1-306 et seq.) of Chapter 15 of this
title, who have completed such probationary period as may be required by the
school board, not to exceed 18 months. The grievance procedure shall afford a
timely and fair method of the resolution of disputes arising between the school
board and such employees regarding dismissal or other disciplinary actions,
excluding suspensions, and shall be consistent with the provisions of the Board of Education's procedures for
adjusting grievances. Except in the case of dismissal, suspension, or other
disciplinary action, the grievance procedure prescribed by the Board of Education pursuant to §
22.1-308 shall apply to all full-time employees of a school board, except
supervisory employees;
7. Perform such other duties as shall be prescribed by the
Board of Education or as are imposed
by law;
8. Obtain public comment through a public hearing not less than 10 days after reasonable notice to the public in a newspaper of general circulation in the school division prior to providing (i) for the consolidation of schools; (ii) the transfer from the public school system of the administration of all instructional services for any public school classroom or all noninstructional services in the school division pursuant to a contract with any private entity or organization; or (iii) in school divisions having 15,000 pupils or more in average daily membership, for redistricting of school boundaries or adopting any pupil assignment plan affecting the assignment of 15 percent or more of the pupils in average daily membership in the affected school. Such public hearing may be held at the same time and place as the meeting of the school board at which the proposed action is taken if the public hearing is held before the action is taken. If a public hearing has been held prior to the effective date of this provision on a proposed consolidation, redistricting or pupil assignment plan which is to be implemented after the effective date of this provision, an additional public hearing shall not be required;
9. (Expires July 1, 2025) At least annually, survey the school
division to identify critical shortages of (i) teachers and administrative
personnel by subject matter and (ii) school bus drivers and report such
critical shortages to the Superintendent of Public Instruction
and to the Virginia Retirement System; however, the school board may request
the division superintendent to conduct such survey and submit such report to
the school board, the Superintendent, and the Virginia Retirement System; and
10. Ensure that the public schools within the school division are registered with the Department of State Police to receive from the State Police electronic notice of the registration, reregistration, or verification of registration information of any person required to register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§9.1-900 et seq.) of Title 9.1 within that school division pursuant to §9.1-914;
11. Permit any student enrolled in a public elementary or secondary school in the local school division who provides acceptable proof of identification as set forth in subdivision 12 and signs up at least 12 hours in advance of the scheduled start of a school board meeting or is physically present at a school board meeting to submit oral comments during any public comment or citizen participation portion of such meeting; and
12. Accept as proof of student identification for the purpose of providing oral public comment as permitted pursuant to subdivision 11 any current student identification card or other school document such as a report card or a personal school email address.