10103478D
HOUSE BILL NO. 781
Offered January 13, 2010
Prefiled January 12, 2010
A BILL to amend and reenact §§22.1-70.2, 22.1-199.2, and
22.1-209.1:2 of the Code of Virginia and to repeal §22.1-226 of the Code of
Virginia, relating to reporting requirements of local school divisions.
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Patron-- LeMunyon
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Referred to Committee on Education
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Be it enacted by the General Assembly of Virginia:
1. That §§ 22.1-70.2, 22.1-199.2, and 22.1-209.1:2
of the Code of Virginia are amended and reenacted 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;
reporting required.
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.
2. That §22.1-226 of the Code of Virginia is repealed.
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