HB2199: Standards of Quality; eliminates requirement to hire for technology based on number of students.
Be it enacted by the General Assembly of Virginia:
1. That §§ 22.1-253.13:2 and 22.1-274 of the Code of Virginia are amended and reenacted as follows:
§ 22.1-253.13:2. Standard 2. Instructional, administrative, and support personnel.
A. The Board shall establish requirements for the licensing of teachers, principals, superintendents, and other professional personnel.
B. School boards shall employ licensed instructional personnel qualified in the relevant subject areas.
C. 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 positions, excluding special education teachers, principals, assistant principals, counselors, and librarians, that are not greater than the following ratios: (i) 24 to one in kindergarten with no class being larger than 29 students; if the average daily membership in any kindergarten class exceeds 24 pupils, a full-time teacher's aide shall be assigned to the class; (ii) 24 to one in grades one, two, and three with no class being larger than 30 students; (iii) 25 to one in grades four through six with no class being larger than 35 students; and (iv) 24 to one in English classes in grades six through 12.
Within its regulations governing special education programs, the Board shall seek to set pupil/teacher ratios for pupils with mental retardation that do not exceed the pupil/teacher ratios for self-contained classes for pupils with specific learning disabilities.
Further, school boards shall assign instructional personnel in a manner that produces schoolwide ratios of students in average daily memberships to full-time equivalent teaching positions of 21 to one in middle schools and high schools. School divisions shall provide all middle and high school teachers with one planning period per day or the equivalent, unencumbered of any teaching or supervisory duties.
D. 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. Calculations of kindergarten positions shall be based on full-day kindergarten programs. Beginning with the March 31 report of average daily membership, those school divisions offering half-day kindergarten with pupil/teacher ratios that exceed 30 to one shall adjust their average daily membership for kindergarten to reflect 85 percent of the total kindergarten average daily memberships, as provided in the appropriation act.
E. In addition to the positions supported by basic aid and in support of regular school year programs of prevention, intervention, and remediation, state funding, pursuant to the appropriation act, shall be provided to fund certain full-time equivalent instructional positions for each 1,000 students in grades K through 12 who are identified as needing prevention, intervention, and remediation services. State funding for prevention, intervention, and remediation programs provided pursuant to this subsection and the appropriation act may be used to support programs for educationally at-risk students as identified by the local school boards.
F. 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 appropriation act, shall be provided to support 17 full-time equivalent instructional positions for each 1,000 students identified as having limited English proficiency.
G. In addition to the full-time equivalent positions required elsewhere in this section, each local school board shall employ the following reading specialists in elementary schools, one full-time in each elementary school at the discretion of the local school board.
H. Each local school board shall employ, at a minimum, the following full-time equivalent positions for any school that reports fall membership, according to the type of school and student enrollment:
1. Principals in elementary schools, one half-time to 299 students, one full-time at 300 students; principals in middle schools, one full-time, to be employed on a 12-month basis; principals in high schools, one full-time, to be employed on a 12-month basis;
2. Assistant principals in elementary schools, one half-time at 600 students, one full-time at 900 students; assistant principals in middle schools, one full-time for each 600 students; assistant principals in high schools, one full-time for each 600 students;
3. Librarians in elementary schools, one part-time to 299 students, one full-time at 300 students; librarians in middle schools, one-half time to 299 students, one full-time at 300 students, two full-time at 1,000 students; librarians in high schools, one half-time to 299 students, one full-time at 300 students, two full-time at 1,000 students;
4. Guidance counselors in elementary schools, one hour per day per 100 students, one full-time at 500 students, one hour per day additional time per 100 students or major fraction thereof; guidance counselors in middle schools, one period per 80 students, one full-time at 400 students, one additional period per 80 students or major fraction thereof; guidance counselors in high schools, one period per 70 students, one full-time at 350 students, one additional period per 70 students or major fraction thereof; and
5. Clerical personnel in elementary schools, part-time to 299 students, one full-time at 300 students; clerical personnel in middle schools, one full-time and one additional full-time for each 600 students beyond 200 students and one full-time for the library at 750 students; clerical personnel in high schools, one full-time and one additional full-time for each 600 students beyond 200 students and one full-time for the library at 750 students.
I. 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 education.
J. 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.
KJ. Local
school boards may employ additional positions that exceed these minimal
staffing requirements. 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.
LK. A
combined school, such as kindergarten through 12, shall meet at all grade
levels the staffing requirements for the highest grade level in that school;
this requirement shall apply to all staff, except for guidance counselors, and
shall be based on the school's total enrollment; guidance counselor staff
requirements shall, however, be based on the enrollment at the various school
organization levels, i.e., elementary, middle, or high school. The Board of
Education may grant waivers from these staffing levels upon request from local
school boards seeking to implement experimental or innovative programs that are
not consistent with these staffing levels.
ML. School
boards shall, however, annually, on or before January 1, report to the public
the actual pupil/teacher ratios in elementary school classrooms by school for
the current school year. Such actual ratios shall include only the teachers who
teach the grade and 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. Any classes funded through the
voluntary kindergarten through third grade class size reduction program shall
be identified as such classes. Any classes having waivers to exceed the
requirements of this subsection shall also be identified. Schools shall be
identified; however, the data shall be compiled in a manner to ensure the
confidentiality of all teacher and pupil identities.
NM.
Students enrolled in a public school on a less than full-time basis shall be
counted in ADM in the relevant school division. 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 in the relevant school
division on a pro rata basis as provided in the appropriation act. Each such
course enrollment by such students shall be counted as 0.25 in the ADM;
however, no such nonpublic or home school student shall be counted as more than
one-half a student for purposes of such pro rata calculation. Such calculation
shall not include enrollments of such students in any other public school
courses.
ON. Each
local school board shall provide those support services that are necessary for
the efficient and cost-effective operation and maintenance of its public
schools.
For the purposes of this title, unless the context otherwise requires, "support services" shall include services provided by the school board members; the superintendent; assistant superintendents; student services (including guidance counselors, social workers, and homebound, improvement, principal's office, and library-media positions); attendance and health positions; administrative, technical, and clerical positions; operation and maintenance positions; educational technology positions; school nurses; and pupil transportation positions.
Pursuant to the appropriation act, support services shall be funded from basic school aid on the basis of prevailing statewide costs.
§ 22.1-274. School health services.
A. A school board shall provide pupil personnel and support services, in compliance with § 22.1-253.13:2. A school board may employ school nurses, physicians, physical therapists, occupational therapists and speech therapists. No such personnel shall be employed unless they meet such standards as may be determined by the Board of Education. Subject to the approval of the appropriate local governing body, a local health department may provide personnel for health services for the school division.
B. In implementing subsection ON
of § 22.1-253.13:2, relating to providing support services which are necessary
for the efficient and cost-effective operation and maintenance of its public
schools, each school board may strive to employ, or contract with local health
departments for, nursing services consistent with a ratio of at least one nurse
(i) per 2,500 students by July 1, 1996; (ii) per 2,000 students by July 1,
1997; (iii) per 1,500 students by July 1, 1998; and (iv) per 1,000 students by
July 1, 1999. In those school divisions in which there are more than 1,000
students in average daily membership in school buildings, this section shall not
be construed to encourage the employment of more than one nurse per school
building. Further, this section shall not be construed to mandate the
aspired-to ratios.
C. The Board of Education shall monitor the progress in
achieving the ratios set forth in subsection B of this section and any
subsequent increase in prevailing statewide costs, and the mechanism for
funding health services, pursuant to subsection ON
of § 22.1-253.13:2 and the appropriation act. The Board shall also determine
how school health funds are used and school health services are delivered in
each locality and shall provide, by December 1, 1994, a detailed analysis of
school health expenditures to the House Committee on Education, the House
Committee on Appropriations, the Senate Committee on Education and Health, and
the Senate Committee on Finance.
D. With the exception of school administrative personnel and persons employed by school boards who have the specific duty to deliver health-related services, no licensed instructional employee, instructional aide, or clerical employee shall be disciplined, placed on probation or dismissed on the basis of such employee's refusal to (i) perform nonemergency health-related services for students or (ii) obtain training in the administration of insulin and glucagon. However, instructional aides and clerical employees may not refuse to dispense oral medications.
For the purposes of this subsection, "health-related services" means those activities which, when performed in a health care facility, must be delivered by or under the supervision of a licensed or certified professional.
E. Each school board shall ensure that, in school buildings with an instructional and administrative staff of ten or more, (i) at least two employees have current certification in cardiopulmonary resuscitation or have received training, within the last two years, in emergency first aid and cardiopulmonary resuscitation and (ii) if one or more students diagnosed as having diabetes attend such school, at least two employees have been trained in the administration of insulin and glucagon. In school buildings with an instructional and administrative staff of fewer than ten, school boards shall ensure that (i) at least one employee has current certification in cardiopulmonary resuscitation or has received training, within the last two years, in emergency first aid and cardiopulmonary resuscitation and (ii) if one or more students diagnosed as having diabetes attend such school, at least one employee has been trained in the administration of insulin and glucagon. "Employee" shall include any person employed by a local health department who is assigned to the public school pursuant to an agreement between the local health department and the school board. When a registered nurse, nurse practitioner, physician or physician assistant is present, no employee who is not a registered nurse, nurse practitioner, physician or physician assistant shall assist with the administration of insulin or administer glucagon. Prescriber authorization and parental consent shall be obtained for any employee who is not a registered nurse, nurse practitioner, physician or physician assistant to assist with the administration of insulin and administer glucagon.