10104513D
HOUSE BILL NO. 208
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Education
on January 25, 2010)
(Patrons Prior to Substitute--Delegates Bulova and LeMunyon
[HB 781])
A BILL to amend and reenact §§22.1-70.2, 22.1-199.2,
22.1-209.1:2, and 22.1-212.15 of the Code of Virginia, and to repeal §§
22.1-139 and 22.1-226 of the Code of Virginia, relating to reporting
requirements of local school divisions.
Be it enacted by the General Assembly of Virginia:
1. That §§22.1-70.2, 22.1-199.2, 22.1-209.1:2, and
22.1-212.15 of the Code of Virginia are amended and as follows:
§22.1-70.2. Acceptable Internet use policies for public and
private schools.
A. Every two years, each division superintendent shall file
with the Superintendent of Public Instruction an acceptable use policy,
approved by the local school board, shall review, amend if
necessary, and approve the school division's acceptable use policy for the
Internet. At a minimum, the policy shall contain provisions that (i) are
designed to prohibit use by division employees and students of the division's
computer equipment and communications services for sending, receiving, viewing,
or downloading illegal material via the Internet; (ii) seek to prevent access
by students to material that the school division deems to be harmful to
juveniles as defined in §18.2-390; (iii) select a technology for the
division's computers having Internet access to filter or block Internet access
through such computers to child pornography as set out in §18.2-374.1:1 and
obscenity as defined in §18.2-372; (iv) establish appropriate measures to be
taken against persons who violate the policy; and (v) include a component on
Internet safety for students that is integrated in a division's instructional
program. The policy may include such other terms, conditions, and requirements
as deemed appropriate, such as requiring written parental authorization for
Internet use by juveniles or differentiating acceptable uses among elementary,
middle, and high school students.
Each school division's policy shall be posted on its
website in accordance with §22.1-253.13:7. Additionally, each local school
division shall certify compliance with these requirements annually to the
Department of Education.
B. The superintendent shall take such steps as he deems
appropriate to implement and enforce the division's policy.
C. On or before December 1, 2000, and biennially
thereafter, the Superintendent of Public Instruction shall submit a report to
the Chairmen of the House Committee on Education, the House Committee on
Science and Technology, and the Senate Committee on Education and Health which
summarizes the acceptable use policies filed with the Superintendent pursuant
to this section and the status thereof.
DC. In addition to the foregoing requirements
regarding public school Internet use policies, the principal or other chief
administrator of any private school that satisfies the compulsory school
attendance law pursuant to §22.1-254 and accepts federal funds for Internet
access shall select a technology for its computers having Internet access to
filter or block Internet access through such computers to child pornography as
set out in §18.2-374.1:1 and obscenity as defined in §18.2-372.
ED. The Superintendent of Public Instruction
shall issue guidelines to school divisions regarding instructional programs
related to Internet safety.
§22.1-199.2. Standards for remediation programs established.
A. The Board of Education shall promulgate regulations
for establishing standards for remediation programs that receive state funding,
without regard to state funding designations, which shall be designed to
strengthen and improve the effectiveness of such programs in increasing the
scholastic achievement of students with academic deficiencies. Such standards
shall require (i) school divisions to evaluate remediation programs,
annually, in terms of the pass rate on the Standards of Learning tests and (ii)
that school divisions report, on such forms as may be required by the Board for
such purpose, data pertaining to the demographic and educational
characteristics of students who have been identified for remediation pursuant
to subsection C of §22.1-253.13:1, or clause (ii) of subsection A of §
22.1-254, and §22.1-254.01. Data submitted to the Board shall include, but
not be limited to, the number of students failing any Standards of Learning assessments
for grades three through eight and any end-of-course tests required for the
award of a verified unit of credit required for the student's graduation; a
demographic profile of the students attending such programs; the academic
status of each such student; the types of instruction offered, the length of
the program, and the local costs of the program; the number of ungraded and
disabled students, and those with limited English proficiency (ESL); and the
number of students failing the Standards of Learning assessments for grades
three through eight or end-of-course tests required for the award of a verified
unit of credit required for the student's graduation who attend remediation
programs. School divisions shall also report to the Board the number of
students who successfully complete the objectives of remedial programs that
they attended due to their performance on the Standards of Learning
assessments.
The Board shall also establish in regulations, a formula for
determining the level of funding necessary to assist school divisions in
providing transportation services to students required to attend remediation
programs.
B. The Board of Education shall cause the collection,
compilation, and analysis of the data required to be reported by local school
divisions in subsection A of this section to accomplish a statewide review and
evaluation of remediation programs. The Board shall report its analysis of the
data submitted by school divisions and a statewide assessment of remediation
programs, and any recommendations, to the Governor and the General Assembly
annually, prior to the commencement of the regular session of the General
Assembly.
§22.1-209.1:2. Regional alternative education programs for
certain students.
A. With such funds as may be appropriated for this purpose,
the Board of Education shall establish a program consisting of regional
alternative education options for elementary, middle, and high school students
in compliance with subdivision D 7 of §22.1-253.13:1 who (i) have committed an
offense in violation of school board policies relating to weapons, alcohol or
drugs, or intentional injury to another person, or against whom a petition or
warrant has been filed alleging such acts or school board charges alleging such
policy violations are pending; (ii) have been expelled from school attendance
or have received one suspension for an entire semester, or have received two or
more long-term suspensions within one school year; or (iii) have been released
from a juvenile correctional center and have been identified by the
Superintendent of the Department of Correctional Education and the relevant
division superintendent as requiring a regional alternative education program.
Based on available space, a student may also be administratively assigned to a
regional alternative education program either at the request of the parent and
with the consent of the division superintendent or by the division
superintendent after written notice to the student and his parent. Such notice
of the opportunity for the student and/or his parent to participate in a
hearing conducted by the division superintendent or his designee regarding such
placement shall be issued and the assignment shall be final unless altered by
the school board, upon timely written petition, in accordance with regulations
of the school board, by the student or his parent, for a review of the record
by the school board. However, no child shall be assigned to any regional
alternative education program described in this section for more than one
school year without an annual assessment of the placement to determine the
appropriateness of transitioning the child into the school division's regular
program. On and after July 1, 1994, the program shall consist of up to 10
regional pilot projects; any additional pilot projects shall be located in
regions throughout the state to provide greater geographical distribution of
such projects. All such projects shall be awarded on a competitive basis to
applicants responding to requests for proposals, giving priority in awarding
any new sites, to the extent practicable, to applicants in areas with high
student suspension and expulsion rates that meet the requirements in subsection
B of this section. The Board of Education shall promulgate regulations for the
implementation of the program.
B. Upon the appropriation of funds for the purposes of this
section, the Department of Education shall issue a request for proposals for
regional projects to pilot selected alternative education options by July 1,
1993. The first such grants shall be awarded by August 20, 1993.
In the 2001 fiscal year, and upon the appropriation of
funds for these purposes, the Department of Education shall issue a request for
proposals for regional pilot projects for selected alternative education
options for elementary school students. The first such grants shall be awarded
by September 1, 2001.
B. Applications for grants shall include the following
components:
1. An agreement executed by two or more school divisions and
approval of their respective governing bodies to pilot offer a
regional alternative education option as provided in subsection A, and a plan
for the apportionment of responsibilities for the administration, management,
and support of the program, including, but not limited to, the facilities and
location for the program, daily operation and oversight, staffing,
instructional materials and resources, transportation, funding and in-kind
services, and the program of instruction.
2. A procedure for obtaining the participation in or support
for the program, as may be determined, of the parents, guardian or other person
having charge or control of a child placed in the program.
3. An interagency agreement for cooperation executed by the
local departments of health and social services or welfare; the juvenile and
domestic relations district court; law-enforcement agencies; institutions of
higher education and other postsecondary training programs; professional and
community organizations; the business and religious communities; dropout
prevention and substance abuse prevention programs; community services boards
located in the applicants' respective jurisdictions; and the Department of
Correctional Education.
4. A curriculum developed for intensive, accelerated
instruction designed to establish high standards and academic achievement for
participating students.
5. An emphasis on building self-esteem and the promotion of
personal and social responsibility.
6. A low pupil/teacher ratio to promote a high level of
interaction between the students and the teacher.
7. An extended day program, where appropriate, to facilitate
remediation; tutoring; counseling; organized, age-appropriate, developmental
education for elementary and middle school children; and opportunities that
enhance acculturation and permit students to improve their social and
interpersonal relationship skills.
8. Community outreach to build strong school, business, and
community partnerships, and to promote parental involvement in the educational
process of participating children.
9. Specific, measurable goals and objectives and an evaluation
component to determine the program's effectiveness in reducing acts of crime
and violence by students, the dropout rate, the number of youth committed to
juvenile correctional centers, and recidivism; and in increasing the academic
achievement levels and rehabilitative success of participating students,
admission to institutions of higher education and other postsecondary education
and training programs, and improving staff retention rates.
10. The number of children who may be assigned to the regional
pilot alternative education program during the school year.
11. A plan for transitioning the enrolled students into the
relevant school division's regular program.
12. A current program of staff development and training.
C. Beginning with the first year of program implementation,
the Department of Education shall be entitled to deduct annually from the
locality's share for the education of its students a sum equal to the actual
local expenditure per pupil for the support of those students placed by the
relevant school division in any such pilot program. The amount of the
actual transfers shall be based on data accumulated during the prior school
year.
D. A school board shall require written notification to the
pupil's parent, guardian, or other person having charge or control, when a
pupil commits an offense in violation of school board policies, which school
officials determine was committed without the willful intent to violate such
policies, or when the offense did not endanger the health and safety of the
individual or other persons, of the nature of the offense no later than two
school days following its occurrence. A school board shall require the
principal of the school where the child is in attendance or other appropriate
school personnel to develop appropriate measures, in conjunction with the
pupil's parent or guardian, for correcting such behavior.
E. The Board shall require submission of interim evaluation
reports of each pilot program biannually and shall compile these reports and
other program materials and report the status of such programs on a periodic
basis, as may be established, during the 1993 legislative interim to the
Special Joint Subcommittee on School Crime and Violence. The Board shall report
the effectiveness of such programs and their components annually to the
Governor and the General Assembly beginning by December 1, 1994.
FE. For the purposes of this section, "regional
pilot alternative education program" or "regional alternative
education program" means a program supported and implemented by two or
more school divisions which are either geographically contiguous or have a
community of interest.
GF. For the purposes of this section, "one
school year" means no more than 180 teaching days.
§22.1-212.15. Report of public charter schools.
School boards shall submit annual evaluations of any public
charter schools to the Board of Education. The Board shall review the
evaluations against any Board regulations and policies waived for the public
charter schools to determine the efficacy of such waivers and whether the
public charter schools accomplished established goals and objectives. School
boards shall also submit annually to the Board a comparison of the performance
of public charter school students and students enrolled in the regular schools
of such relevant school division and a report of the number of students
enrolled in such public charter schools at the end of the school year.
The Board shall report annually its findings and
evaluations of any the number of public charter schools established
in the Commonwealth, as well as the number of charters denied, in its annual
report to the Governor and the General Assembly pursuant to §22.1-18.
2. That §§22.1-139 and 22.1-226 of the Code of Virginia are
repealed.
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