Del. Laura Jane Cohen

School breakfast; availability at no cost to students. Requires each school board to require each public elementary and secondary school in the local school division to participate in the federal National School Lunch Program and the federal School Breakfast Program administered by the U.S. Department of Agriculture and to make breakfast available to any student who requests such a meal at no cost to the student, unless the student's parent has provided written permission to the school board to withhold such a meal from the student. The bill clarifies that the provision of a breakfast by a school to a student at no cost to the student shall not be construed as creating a disincentive for the school or local school division to participate in the federal Community Eligibility Provision program. Additionally, the bill provides that schools shall maximize the number of students who participate in the school breakfast program by implementing one or more suggested service models to increase access to such program. The bill requires the Department of Education to reimburse each public elementary and secondary school for each eligible school breakfast served to a student, with a maximum of one reimbursable breakfast per student per school day, and provides the formula for determining the state reimbursement rate for such meals. Finally, the bill repeals a provision of law relating to the federal School Breakfast Program that is rendered obsolete by the provisions of the bill. This bill is a recommendation of the Virginia Commission to End Hunger.

Local anti-rent gouging authority; civil penalty. Provides that any locality may by ordinance adopt anti-rent gouging provisions. The bill provides for notice and a public hearing prior to the adoption of such ordinance and specifies that all landlords who are under the ordinance may be required to give at least 90 days' written notice of a rent increase and cannot increase the rent by more than the locality's calculated allowance, not to exceed three percent, and states that such allowance is effective for a 12-month period beginning July 1 each year. The bill requires the locality to publish such allowance on its website by June 1 of each year. Certain facilities, as outlined in the bill, are exempt from such ordinance. The bill also requires a locality adopting an anti-rent gouging ordinance to establish an anti-rent gouging board to establish rules and procedures by which landlords may apply for and be granted exemptions from the rent increase limits set by the ordinance or delegate such duties and functions to an existing local board, department, or agency. The bill also requires the anti-rent gouging board to establish a fair return on investment rent increase exemption to the annual anti-rent gouging allowance where necessary to offset increased operating expenses. Finally, the bill provides that a locality shall establish a civil penalty for failure to comply with the requirements set out in its ordinance.

Workers' compensation; presumption of compensability for certain cancers. Expands the workers' compensation presumption of compensability for certain cancers causing the death or disability of certain employees who have completed five years of service in their position to include lung cancer and non-Hodgkin's lymphoma for any individual diagnosed with such a condition on or after July 1, 2027.

Equity in public school funding and staffing; special education students; at-risk students; annual report. Establishes in Standard of Quality 2 the At-Risk Program and a state-supported add-on for special education students and requires corresponding formulas for the funding of such initiatives to be established in the general appropriation act. The bill also requires the Department of Education to report annually to the House Committees on Education and Appropriations and the Senate Committees on Finance and Appropriations and on Education and Health the total and per pupil annual operating expenditures from local, state, and federal sources in each school division and the change in expenditures from each such source over the immediately preceding two-year, three-year, and five-year timeframes, expressed in both dollar amounts and percentages.

Public schools; indoor air quality; industry-recognized uniform inspection and evaluation. Adds several items that are required to be included in the industry-recognized uniform inspection and evaluation of the heating, ventilation, and air conditioning system that is required at least every four years for each public elementary and secondary school building, including measurement of radon levels in the air and testing for moisture incursion. The bill has a delayed effective date of July 1, 2027.

Department of Housing and Community Development; powers and duties of director; accessory dwelling unit construction guide. Requires the director of the Department of Housing and Community Development to develop an accessory dwelling unit construction guide that provides (i) an overview of the accessory dwelling unit construction process; (ii) a review of ordinances, permits, fees, programs, and incentives related to accessory dwelling unit development by locality; and (iii) a catalog of model accessory dwelling unit designs suitable for various local restraints. Such guide shall be updated at least every five years.

Department of Medical Assistance Services; Medicaid waivers; consumer-directed services; employer of record. Directs the Department of Medical Assistance Services (DMAS) to modify the program rules for consumer-directed services available through certain Medicaid waivers to allow an individual receiving services to serve as the employer of record (EOR) for his own service delivery and designate another individual to perform all or a portion of the duties of the EOR on the individual's behalf when the individual receiving services is unable to perform such duties or direct his own care. The bill specifies that when an individual (i) has not yet reached the age of majority, (ii) is ineligible to use his existing employer identification number (EIN) to facilitate the taxation of benefits, or (iii) is otherwise determined to be ineligible by DMAS by administrative rule, the EIN shall be assigned to the individual receiving services and shall not be transferred to another individual. Under the bill, DMAS has the authority to limit such amendments to specify that an individual receiving services may make such designation no more than twice per calendar year.

Virginia Freedom of Information Act; definitions; meetings; quorum and electronic communication. Amends the definition of "meeting" for purposes of the Virginia Freedom of Information Act such that any assemblage of a quorum of the constituent membership of a public body constitutes a meeting. Under current law, as many as three members or a quorum, if less than three, of the constituent membership of a public body constitutes a meeting. The bill additionally authorizes members of a public body participating through electronic communication in a meeting in which other members are participating in person to count toward the quorum as if the individual were physically present, should such member's physical absence be due to an approved cause of absence.

Additional local sales and use tax to support schools; referendum. Authorizes all counties and cities to impose an additional local sales and use tax at a rate not to exceed one percent with the revenue used only for capital projects for the construction or renovation of schools if such levy is approved in a voter referendum. The bill removes the requirement that such a tax must have an expiration date on either (i) the date of the repayment of any bonds or loans used for such capital projects or (ii) a date chosen by the governing body. Under current law, only Charlotte, Gloucester, Halifax, Henry, Mecklenburg, Northampton, Patrick, and Pittsylvania Counties and the City of Danville are authorized to impose such a tax.

Department of Education; English language learner students; expenditures; data collection; report. Requires the Department of Education, in consultation with each school board, to annually collect, maintain, post publicly and conspicuously on its website, and report no later than November 1 to the Board of Education, the Governor, and the General Assembly data on expenditures for the education of English language learner students in each local school division. The bill requires such data to be disaggregated by school level, grade level, and student English proficiency level.