Crossover is tomorrow – it is the point during the legislative session at which the House and Senate must each complete work on Bills that originated in their respective houses. Each side is busily finishing up work on their own bills. The following is the status of a some of the bill that are relevant to students with disabilities in Virginia at this point in the session:
SB 768 (Favola) requires the Department of Education to survey each local school regarding mental and behavioral health services. This Bill reported from the Senate Committee on Education and Health by a vote of 14-0 and was rereferred to Finance and Appropriations. It was included in the Senate’s budget proposal, so it has passed the Senate.
HB 1806 (Cohen) and SB 1126 (Boysko) require Individualized Education Plans (IEPs) to address individualized accommodations and supports for the student during emergency situations at school when determined appropriate by the IEP team. HB 1806 passed the House by a vote of 96-0 and has now been referred to the Senate Committee on Education and Health, but SB 1126 failed to report out of the Senate Education and Health Committee on January 30.
HB 2219 (Tran) and SB 1034 (Pekarsky) require documentation in the individualized education program of a student’s needs for Augmentative and Alternative Communication (AAC) and requires training of anyone involved in instruction of such student. SB 1034 passed the Senate by a vote of 39-0 and is awaiting referral to the House and HB 2219 passed the House by a vote of 99-0 and has now been referred to the Senate Committee on Education and Health.
HB 1954 (Rasoul) establishes an At-Risk program in public schools, requires support services positions for Special Education services to be funded based on a calculation of prevailing costs, and prohibits support services positions from being subject to any method of funding calculation that caps the number of funded support services positions based on a ratio of such positions to students enrolled the local school division. The Bill reported from Appropriations and was included in the House budget proposal, so it has passed the House.
HB 1881 (Sewell) requires students with IEPs to be provided written notice of the student’s rights and obligations related to dual enrollment courses pursuant to IDEA while the student is in regular high school classes, and pursuant to the ADA while the student is in a community college course, when such students enter 11th and 12th grade. This Bill passed the House by a vote of 96-0 and has now been referred to the Senate Committee on Education and Health.
HB 2606 (Ware) as introduced would have required anyone filing a special education due process complaint to include a “verified” statement that the complaint includes only claims that were not already actively being considered or previously adjudicated. A substitute was adopted, however, which merely allows a hearing officer to dismiss a due process complaint if they determine that the complaint is exactly the same as a complaint that was already adjudicated or is already in process of adjudication. The substitute Bill was reported from the House Education Committee and has been read in the House twice.
HB 2297 (Earley) as introduced would have required every school board in Virginia to employ at least one school resource officer (SRO) in every elementary and secondary school in Virginia. It was amended to require every school board in Virginia to apply for a grant to employ SROs or to provide written justification for not applying for such a grant. The K-12 subcommittee of the House Education Committee recommended laying this Bill on the Table by a vote of 5-3.
SB 1143 (Obenshain) requires providers of inpatient mental health treatment to a minor, who is a public school student, to provide portions of the student’s discharge plan to the school’s mental health professional or school counselor when the facility determines that the child’s discharge poses a “threat of violence or physical harm to self or others” or additional educational services are needed. This Bill reported from the Senate Education and Health Committee and has been read in the Senate twice.
SB 1303 (McPike) would require schools to implement specified diabetes management provisions as specified in the student’s diabetes medical management plan. This Bill reported from the Senate Education and Health Committee and has been read twice in the Senate.
SB 1036 (Pekarsky) permits a prescriber to authorize school personnel to administer seizure rescue meds and for certain students to possess such medication at school. This Bill reported from the Senate Education and Health Committee and has been read twice in the Senate.
dLCV’s mission is to advance independence, choice and self-determination; protect legal, human and civil rights; and eliminate abuse, neglect and discrimination of people with disabilities through zealous and uncompromising legal advocacy and representation. We are available to educate policy makers about the potential impact of legislative proposals. Please let us know of any legislation that you think we should be following, by emailing ga@dlcv.org