#2024-31 Virginia Education Update August 8, 2024

As we have many students starting back to school this week, I want to reiterate my thanks to the teachers, counselors, nurses, school leaders, and support staff that work diligently to open school every year. We have an amazing group of educators in the Commonwealth, and we appreciate your hard work. The 2024-25 school year has so much energy and excitement as we witnessed in convocations last week. On Friday, we were able to be a part of the Louisa County Convocation and were able to recognize Doug Straley as the VASS Superintendent of the Year with his school board and board of supervisors.

Programs such as Grow Your Own along with Teacher for Tomorrow and teacher apprenticeship programs are available to support school divisions in their efforts to address teacher shortages and enhance the quality of education. Thank you for your commitment to making a positive impact on education in Virginia. Let's continue to innovate, collaborate, and strive for excellence in all that we do. Here's to a successful and inspiring school year ahead!

I also want to send a sincere thank you to all who have participated in our listening sessions around EO 33 and cell phone-free education. Whether you have attended an in-person session, an online session, or provided written feedback on our website, we are thankful for your thoughtful partnership as we collaboratively develop draft guidance. As a reminder, the EO 33 Cell Phone-Free Education draft guidance will be posted for specific input between August 15-September 16th.

In appreciation for all you do for our students,

-Lisa

The 2022 General Assembly passed House Bill 1299, directing the Virginia Department of Education and the State Council of Higher Education for Virginia to distribute to school divisions information that assists high school students in making more informed decisions about their futures and ensures that students are aware of the costs and benefits of different educational and certificate programs.

ThePostsecondary Opportunities for High School Studentswebpage and the Level Up Virginiawebsite contain information for students on preparing, applying, and paying for college, as well as information on degrees and labor market career projections. Please share these resources with your students in middle and high school to help them make informed decisions regarding preparing for post-high school educational and training opportunities.

Per theCode of Virginia (§22.1-18.1), local school divisions are required to submit an annual report of the programs offered to students who have been identified as gifted.

The 2023-2024 annual report, Programs for the Gifted, will be collected through the Gifted Education application in the Virginia Department of Education's Single Sign-On Web Systems (SSWS) portal. Access to the Gifted Education application in SSWS is required to complete this report. Access should be requested through the school division's SSWS administrator by the end of August. This will allow ample time for report completion.

Gifted education coordinators are able to search the SSWS database for information submitted by the school division for school years 2006-2007 through 2022-2023. After September 27, 2024, the 2023-2024 data will also be searchable by school division gifted education coordinators.

This application will collect administrator data and program services data. The division's student membership and referral data will be drawn from the school division's end-of-year student records collection. If the school division has not yet submitted the end-of-year student records data, the application will display a message indicating that the user may not proceed until the school division's student records data are submitted.

After entering the data, each division coordinator must submit the report through SSWS for the division superintendent's electronic signature. The superintendent will need to provide an electronic signature to approve the report, with a final version submitted to the VDOE electronically by September 27, 2024.

The final number of allocated VPI slots, expansions and enhancements including redistribution of slots, wait list slots, 3-year-olds, and community provider add-on slots are now available online. Note that slots for 4-year-olds and 3-year-olds are funded and awarded separately and cannot be exchanged for each other.   

As a reminder, VPI programs are funded based on student enrollment on October 1, 2024, as reported in the fall 2023 Student Record Collection. Prorated funding for slots filled for the first time between October 2, 2024, and December 31, 2024, may also be available pending available funding.

HB 151 was enacted at the 2024 General Assembly Session amending Code of Virginia§15.2-1804.1.and may affect public school design and construction relating to energy efficiency features. HB 151clarifies that "locality" incudes a school division and "high performance building certification program" means a public building design, construction, and renovation program certified by industry accepted high performance building standards. For buildings under 50,000 square feet or less, Earthcraft Light Commercial at the silver level certification may be used.

The legislation also requires that new buildings greater than 5,000 gross square feet comply witha high-performance building certification program, have sufficient Zero-emissions vehicle (ZEV) charging and fueling infrastructure, have the ability tomeasure the building's energy consumption, and incorporate onsite renewable energy generation, energy storage, and resilience features.

Construction less than 20,00 gross square feet should achieve relevant ENERGY STAR certification, or alternatively demonstrate performance equivalent to ENERGY STAR requirements for the applicable type of building. Where special circumstances make the construction or renovation to the standards impracticable, the governing body of such locality may grant an exemption from any such standards with a resolution made in writing and explaining the basis for granting the exemption. Any local governing body may adopt by ordinance its own green design and construction program and be deemed compliant with §15.2-1804.1.provided their standard is more stringent.

School divisions should note the critical date ofJuly 1, 2025, after which all project designs will have to meet the requirement of the "high performance building certification program."

The Virginia Department of Energy shall upon request provide technical assistance to localities subject to available budgetary resources. Such technical assistance may include the issuance of guidance.

The Virginia Department of Education, in collaboration with the Department of Medical Assistance Services, is announcing the 2024 Medicaid and Family Access to Medical Insurance Security (FAMIS) Back to School Initiative.

Information regarding the Medicaid and FAMIS Back to School Initiative can be found on theCover Virginiawebsite. Information will also be shared through a letter mailed to all principals in Virginia this month that will include 100 Back to School Flyers. Action items for the campaign can be found in the principal's letter (which is also posted on the DMAS Back to School website). Division superintendents are asked to encourage principals to ensure staff and families have access to the important information referenced in the principal's letter. Also, the time that staff spends on these efforts is considered a reimbursable administrative activity in the Medicaid in Schools Program for those that participate.

If you have any questions or want to learn more about Medicaid and FAMIS, please contact Cover Virginia at [email protected]. Thank you for your participation in the 2024 Back to School Initiative outreach and engagement campaign.

For additional information about the 2024 FAMIS and Medicaid Back to School Initiative, contact Amy Edwards, Medicaid Specialist, [email protected].

The Homebound Instruction Services Data Reporting for school year 2023-2024 will be collected through the Single Sign-On Web Systems (SSWS) portal. The data requested will include each homebound teacher's license number, hourly rate of payment, and number of hours worked. In addition,the license number of the teacher monitoring online homebound instruction will be needed to process any online instruction reimbursements.

The window for submission of reports is from August 19, 2024 - September 13, 2024, and the data must be submitted electronically through SSWS. Please note that any data entered before the initiation date will be lost when the system opens.

It is critical that school divisions meet the September 13, 2024, deadline for submission of this report to ensure timely reimbursement from fiscal year 2024 state funds. Late reports will not be accepted.

Individuals who will be entering data but who do not have a current homebound password will need to obtain one by contacting the SSWS Account Manager designated for their respective school division.

All reporting is to be completed electronically. A printed report mailed to the Virginia Department of Education is not required.

The 2024-2025 Title III, Part A, federal allocationsfor each school division receiving over $10,000 is now available on the VDOE Title III website. The 2024-2025 Title III Statewide Consortium federal allocationsfor school divisions who receive under $10,0000 is also available.

The Additional Required Special Terms and Conditions for Grant Awards or Cooperative Agreementsand Terms of the grantaward can also be found on the Title III VDOE website. The total amount of the allocation is available to school divisions as of July 1, 2024, through the reimbursement process. 

The procedures and forms for applying for Title III, Part A, were previously provided to school division program coordinators. Applications were due on July 1, 2024. 

Additional information on EL and IY awards can be found on this supporting document.

Pursuant to the authority granted under section 8401(b) of the Elementary and Secondary Education Act (ESEA), the Virginia Department of Education intends to apply for a Tydings Amendment waiver from the U.S. Department of Education.  As required, VDOE is seeking 30 days of public comment from August 8, 2024 - September 8, 2024,on the request to waive the period of availability for American Rescue Plan (ARP) Act ESSER state administrative funds and fiscal year (FY) 2022 ESEA State administrative funds.

The Virginia Department of Education is formally requesting a waiver of Section 421(b) of the General Education Provisions Act, to extend the period of availability for State administrative funds consolidated under ESEA section 8201, including ARP ESSER State administrative funds and fiscal year (FY) 2022 ESEA State administrative funds. The waiver will allow VDOE to use funds reserved for administration under ESEA section 8201 and ARP ESSER administrative funds to address ongoing administrative costs, continue support to LEAs, and avoid termination of funds needed for critical services for LEAs, schools, students, teachers, and other educational staff.

The waiver will also allow VDOE to address state-level administrative costs associated with ARP reporting, monitoring, and close-out activities, as well as the ability to provide technical assistance during any late liquidation and reporting periods to ensure appropriate implementation and data collection by LEAs in the state.

Comments on the draft waiver may be e-mailed to [email protected].

The Board of Education is requiredtodevelop a statement of the administrative impact on school divisions and the projected cost of implementation and compliance with newly promulgated regulations. 

Chapter 845amends § 22.1-298.1 of theCode of Virginia. The chapter allows the Board to authorize each school board, upon recommendation of the division superintendent or the school board and in accordance with the criteria set forth in the bill, to issue a one-year, nonrenewable local eligibility license that is only valid within the issuing school division to any individual who (i) received a baccalaureate degree from a regionally accredited institution of higher education, (ii) has experience or training in a subject or content area as the school board and division superintendent may deem appropriate for the applicable teaching position or endorsement area, and (iii) is not seeking to provide instruction in special education or eligible for collegiate professional or postgraduate professional licensure. The bill establishesseveral requirements, criteria, and conditions relating to a local eligibility license. The bill has an expirationdate of July 1, 2030. 

In response to this legislative change, the Board approved the following regulatory changesat its meeting on July 25, 2024:

• Adding a definition of "Local Eligibility License" in 8VAC20-23-10
• Creating 8VAC20-23-51, which sets out the process to grant a Local Eligibility License

The full statement is now available online.

The Board of Education is requiredtodevelop a statement of the administrative impact on school divisions and the projected cost of implementation and compliance with newly promulgated regulations. 

Chapter 845amends § 22.1-298.1 of theCode of Virginia. The chapter allows the Board to authorize each school board, upon recommendation of the division superintendent or the school board and in accordance with the criteria set forth in the bill, to issue a one-year, nonrenewable local eligibility license that is only valid within the issuing school division to any individual who (i) received a baccalaureate degree from a regionally accredited institution of higher education, (ii) has experience or training in a subject or content area as the school board and division superintendent may deem appropriate for the applicable teaching position or endorsement area, and (iii) is not seeking to provide instruction in special education or eligible for collegiate professional or postgraduate professional licensure. The bill establishesseveral requirements, criteria, and conditions relating to a local eligibility license. The bill has an expirationdate of July 1, 2030. 

In response to this legislative change, the Board approved the following regulatory changesat its meeting on July 25, 2024:

• Adding a definition of "Local Eligibility License" in 8VAC20-23-10
• Creating 8VAC20-23-51, which sets out the process to grant a Local Eligibility License

As required by Va. Code § 15.2-2903and Executive Order 58 (2007), the Commission on Local Government asks state agencies to evaluate selected legislative mandates that impact placed on localities.VDOE will be reviewing eight mandates this year. Insight and feedback from school divisions, educational stakeholders, and area experts are an essential part of the evaluation process. VDOE is currently seeking feedback on the following mandates: 

Local School Division Policies (SOE.DOE026): School divisions must maintain up-to-date policies, considering input from stakeholders, and post them online, including the Student Conduct Policy. They must notify parents 30 days before administering sensitive surveys and ensure student privacy.

Minimum Standards for New Construction and Renovation of School Facilities (SOE.DOE032): All school construction or renovation plans must be approved in writing by the division superintendent with an architect or engineer's statement to ensure compliance submitted to the Superintendent of Public Instruction.

School Transportation (SOE.DOE037): School divisions must comply with federal and state safety standards for school buses, ensuring proper equipment, insurance, and driver qualifications, with drivers under 18 prohibited.

School Breakfast Program and National School Lunch Program (SOE.DOE043): School divisions are required to establish school breakfast programs in any school in which 25 percent or more of the students are approved in the federally funded free or reduced-price lunch program and report to VDOE.

Program of Instruction for Grades K-12 (SOE.DOE044): School divisions must develop and implement a curriculum aligned with the Standards of Learning for K-12, emphasizing essential skills and knowledge for employment and lifelong learning.

Drugs, Substance Abuse, Gambling, and Drunk Driving (SOE.DOE047): School divisions are required to provide instruction concerning drugs and drug abuse in the elementary and secondary health education programs and maintain substance abuse prevention programs for all school personnel.

Physical and Health Education (SOE.DOE048): School divisions are required to emphasize physical and health education throughout their curricula in accordance with State regulations.

School Crisis, Emergency Management, and Medical Emergency Response Plan (SOE.DOE090): School divisions must conduct safety audits in all public schools and develop a written school crisis, emergency management, and medical emergency response plan, with audits submitted to the Virginia Center for School Safety by August 31 each year.

You may submit feedback regarding the estimated fiscal impact or the effectiveness or alternative means of accomplishing the goal of these mandates. Both the Local Fiscal Impact Comments Formand general feedback may be submitted via email to [email protected].  All comments are due by August 31, 2024.