Department of Education; duties; special education.Requires the Department of Education to (i) provide trainingand guidance documents to local school divisions on the developmentof Individualized Education Programs (IEPs) for children with disabilities,(ii) develop a training module for each individual who participatesin an IEP meeting, with the exception of parents, (iii) annuallyconduct structured reviews of a sample of IEPs from a sufficientlylarge sample of local school divisions to verify that the IEPs arein compliance with state and federal laws and regulations and areof high quality, (iv) develop and maintain a statewide plan for improving(a) its ongoing oversight of local practices related to transitionplanning and services for children with disabilities and (b) technicalassistance and guidance provided for postsecondary transition planningand services for children with disabilities, (v) develop and maintaina statewide strategic plan for recruiting and retaining special educationteachers, and (vi) (a) conduct a one-time targeted review of thetransition sections of a random sample of students' IEPs in each schooldivision; (b) communicate its findings to each local school division, school board, and local special education advisory committee; and(c) ensure that local school divisions correct any IEPs that arefound to be out of compliance no later than the end of the 2021-22school year.
Sponsored bills
Enslaved Ancestors College Access ScholarshipProgram established. Establishes the Enslaved Ancestors CollegeAccess Scholarship Program, whereby Longwood University, the University of Virginia, Virginia Commonwealth University, the Virginia MilitaryInstitute, and The College of William and Mary in Virginia are requiredto annually provide, starting in the 2022-2023 academic year and with any source of funds other than state funds or tuition or fee increases,to at least one African American Virginia student who was born inthe Commonwealth and has a total household income that is not morethan 400 percent of the federal poverty guidelines a renewable scholarshipin an amount sufficient to cover tuition, mandatory fees, room andboard, books and other educational supplies, and tutoring at the institution. The bill requires the State Council of Higher Educationfor Virginia to collaborate with such institutions to establish guidelinesfor the implementation of the Program and to annually collect informationon the implementation of the Program from such institutions and reportsuch information to the Chairmen of the House Committee on Appropriations,the House Committee on Education, the Senate Committee on Educationand Health, the Senate Committee on Finance and Appropriations, and the Virginia African American Advisory Board.
Paid sick leave. Requires employers to provide certain employees paid sick leave. An employee is eligible for paid sick leave under the bill if the employee is an essential worker and works on average at least 20 hours per week or 90 hours per month. The bill provides for an employee to earn at least one hour of paid sick leave benefit for every 30 hours worked. An employee shall not use more than 40 hours of earned paid sick leave in a year, unless the employer selects a higher limit. The bill provides that earned paid sick leave may be used for (i) an employee's mental or physical illness, injury, or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care or (ii) care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care of a family member who needs preventive medical care. The bill prohibits employers from taking certain retaliatory actions against employees related to leave. The bill provides for a hardship waiver for employers that demonstrate that providing paid sick leave threatens the financial viability of the employer, jeopardizes the ability of the employer to sustain operations, significantly degrades the quality of the employer's business operations, or creates a significant negative financial impact on the employer. The bill requires the Commissioner of Labor and Industry to promulgate regulations that (a) identify workers as essential based on the categories listed in the bill; (b) include reasonable requirements for recordkeeping, confidentiality, and notifying employees of their rights under provisions of the bill; (c) establish complaint, investigation, and enforcement procedures that include fines, not to exceed $500, for violations of provisions of the bill; (d) establish requirements for compensation and accrual of paid sick leave for employees employed and compensated on a fee-for-service basis; and (e) include procedures and requirements for an employer to qualify for a hardship waiver. The provisions of the bill do not apply to a retail business with fewer than 25 employees.
School board policies; abusive work environments; definitions. Defines, for the purposes of mandatory school board policies relating to abusive work environments, the terms "abusive conduct," "abusive work environment," "physical harm," and "psychological harm." The bill clarifies that the requirement to adopt such policies shall not be construed to limit a school board's authority to adopt policies to prohibit any other type of workplace conduct as the school board deems necessary.
Virginia Overtime Wage Act; penalties. Requiresan employer to compensate its employees who are entitled to overtimecompensation under the federal Fair Labor Standards Act at a ratenot less than one and one-half times the employee's regular rateof pay, defined in the bill, for any hours worked in excess of 40hours in any one workweek. The bill includes provisions for calculatingovertime premiums due to fire protection and law-enforcement employeesby certain public sector employers. The penalties provided by thebill for an employer's failure to pay such overtime wages, includingcivil and criminal penalties, are the same as currently providedfor failing to pay wages generally. The statute of limitations forbringing a claim for a violation of the bill is three years.
Department of Motor Vehicles; privilegedinformation. Limits the release of Department of Motor Vehicles(DMV) privileged information to government entities and law-enforcementagencies for the purpose of civil immigration enforcement unless (i) the subject of the information provides consent or (ii) the requesting agency presents a lawful judicial order, judicial subpoena, or judicial warrant. The bill requires the DMV to notify the subject of therequest that such a request was made and the identity of the entitythat made the request. The bill requires any entity receiving privileged information from the DMV to enter into a written agreement withthe DMV prior to such release of such information and prohibits anyentity from rereleasing any such DMV information to any third partyunless explicitly permitted to do so in the entity's agreement withthe DMV. The bill contains requirements for any such written agreementbetween the DMV and the Department of State Police.
Local stormwater assistance; flood mitigation and protection. Authorizes grants from a local Stormwater Management Fund to be used for flood mitigation and protection measures that are part of a comprehensive flood mitigation and protection plan adopted by the locality, and requires such grants, where practicable, to prioritize projects that include nature-based practices. Current law allows such funds to be used only for the construction, improvement, or repair of a stormwater management facility or for erosion and sediment control.
Electric utilities; nonjurisdictional customers;third party power purchase agreements. Provides that for pilotprograms under which an owner or operator of a renewable energy generationfacility sells electricity to an eligible customer-generator through a third party power purchase agreement, both jurisdictional and nonjurisdictional customers may participate on a first-come, first-servebasis.
Alcoholic beverage control; local outdoor refreshment areas. Renames the "local special events" license as the "outdoor refreshment area" license. The bill allows the Board of Directors of the Virginia Alcoholic Beverage Control Authority to increase the frequency and duration of events held under such license after adoption of an ordinance by a locality requesting such increase in frequency and duration. Under current law, localities are limited to holding 16 events per year under such license, with each event lasting no more than three consecutive days, except during the effective dates of any rule, regulation, or order that is issued by the Governor or State Health Commissioner to meet a public health emergency and that effectively reduces allowable restaurant seating capacity. The bill also increases the state and local license fees for outdoor refreshment area licenses issued pursuant to a local ordinance. This bill incorporates HB 2051.
Practice of certified nurse midwives. Eliminatesthe requirement that certified nurse midwives practice pursuant toa practice agreement and provides that certified nurse midwives shall practice in accordance with regulations of the Boards of Medicineand Nursing and consistent with the Standards for the Practice ofMidwifery set by the American College of Nurse-Midwives and shallconsult and collaborate with and refer patients to such other healthcare providers as may be appropriate for the care of the patient.