Del. Jeion Ward

Celebrating the life of the Honorable GeraldL. Baliles.

Health insurance; mandated coverage for hearing aids for minors. Requires health insurers, health maintenance organizations, and corporations providing health care coverage subscription contracts to provide coverage for hearing aids and related services for children 18 years of age or younger when a licensed audiologist prescribes such hearing aids and related services. The coverage includes one hearing aid per hearing-impaired ear, up to a cost of $1,500, every 24 months. The measure applies to policies, contracts, and plans delivered, issued for delivery, or renewed on and after January 1, 2021.

Virginia Fair Housing Law; unlawful discriminatory housing practices. Prohibits any locality, its employees, or its appointed commissions from discriminating (i) in the application of local land use ordinances or guidelines, or in the permitting of housing developments, on the basis of race, color, religion, national origin, sexual orientation, gender identity, sex, elderliness, familial status, or handicap or (ii) in the permitting of housing developments because the housing development contains or is expected to contain affordable housing units occupied or intended for occupancy by families or individuals with incomes at or below 80 percent of the median income of the area where the housing development is located or is proposed to be located, unless at the time of the municipal decision, a proposed development will be located in a census tract wherein more than 50 percent of the units serve families or individuals at or below 80 percent of the median income of the area. The bill also requires the Fair Housing Board, after determining the existence of an unlawful discriminatory housing practice and after consultation with the Attorney General, to immediately refer the matter to the Attorney General for civil action.

Virginia Diverse Educator Scholarship Fund and Program established. Establishes the Virginia Diverse Educator Scholarship Fund and Program, to be administered by the State Council of Higher Education for Virginia, for the purpose of annually providing to each Historically Black College or University in the Commonwealth (Hampton University, Norfolk State University, Virginia State University, and Virginia Union University) such sums as are necessary for each such institution to annually provide scholarships on a competitive basis to no more than two students who (i) identify as African American, Asian, Hispanic or Latino, Native American or Native Alaskan, or Native Hawaiian or Pacific Islander; (ii) are accepted to or enrolled in such institution's education preparation program; and (iii) are eligible for a federal Pell Grant to attend such institution. The bill provides that each such scholarship would consist of the following sums: (a) the cost of tuition, mandatory fees, room and board, and textbooks at such institution; (b) the recipient's teacher licensure fees; (c) $5,000 toward teacher professional development activities for the recipient, including coursework, seminars, and conferences; and (d) $10,000 toward mentorship of the recipient by an experienced teacher who is deemed by the relevant school board to be highly effective and able to provide high quality mentorship. The bill requires each student who is awarded a scholarship pursuant to the Program to agree in writing to (1) teach in a public elementary or secondary school in the Commonwealth in which at least 75 percent of the enrolled students qualify for free or reduced price lunch or are members of families whose income is below the federal poverty guidelines established by the U.S. Department of Health and Human Services upon graduation for a period that is at least as long as the period during which the recipient used scholarship funds to attend a Historically Black College or University and (2) be mentored by an experienced teacher, as described in clause (d), during such period of employment.

Earned paid sick time. Requires public and private employers with six or more employees to provide those employees with earned paid sick time. The measure 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 time in a year, unless the employer selects a higher limit. Employees shall not be entitled to use accrued earned paid sick time until the ninetieth calendar day following commencement of their employment, unless otherwise permitted by the employer. The bill provides that earned paid sick time may be used (i) for 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; (ii) to provide care to a family member under similar circumstances; (iii) when there is a closure of the employee's place of business or the employee's child's school or place of care due to a public health emergency; or (iv) when an employee's or employee's family member's presence in the community may jeopardize the health of others because of their exposure to a communicable disease. The bill authorizes the Commissioner of Labor and Industry, in the case of a knowing violation, to subject an employer to a civil penalty not to exceed $150 for the first violation, $300 for the second violation, and $500 for each successive violation, if the second or successive violation occurs within two years of the previous violation. The Commissioner of Labor and Industry may institute proceedings on behalf of an employee to enforce compliance with this measure and to collect specified amounts from the employer, which shall be awarded to the employee. Alternatively, an aggrieved employee is authorized to bring a civil action against the employer in which he may recover double the amount of any unpaid earned sick time and the amount of any actual damages suffered as the result of the employer's violation. The measure has a delayed effective date of January 1, 2021. This bill incorporates HB 418 and HB 1684.

Standards of Quality; work-based learning; teacher leadersand mentors; principal mentors; certain personnel positions and initiatives. Makesseveral changes to the Standards of Quality, including requiring the establishmentof units in the Department of Education to oversee work-based learning andprincipal mentorship statewide in Standard 1 and requiring the Board ofEducation to establish and oversee the local implementation of teacher leaderand teacher mentor programs in Standard 5. The bill also makes several changesrelating to school personnel in Standard 2, including (i) establishingschoolwide ratios of students to teachers in certain schools with highconcentrations of poverty and granting flexibility to provide compensationadjustments to teachers in such schools; (ii) requiring each school board toassign licensed personnel in a manner that provides an equitable distributionof experienced, effective teachers and other personnel among all schools in thelocal school division; (iii) requiring each school board to employ teacherleaders and teacher mentors at specified student-to-position ratios; (iv)requiring state funding in addition to basic aid to support at-risk studentsand granting flexibility in the use of such funds by school boards; (v)lowering the ratio of English language learner students to teachers; (vi)requiring each school board to employ reading specialists and establishing astudent-to-position ratio for such specialists; (vii) requiring school boardsto employ one full-time principal in each elementary school; (viii) loweringthe ratio of students to assistant principals and school counselors inelementary, middle, and high schools; and (ix) requiring each school board toprovide at least four specialized student support positions, including schoolsocial workers, school psychologists, school nurses, and other licensed healthand behavioral positions, per 1,000 students.

Minimum wage; tipped employees. Requiresemployers to pay a tipped employee at a rate not less than the minimumwage set forth in the Virginia Minimum Wage Act for time that thetipped employee regularly performs services in the course of hisemployment for which there is no reasonable expectation that theemployee will receive tips. The measure eliminates the ability ofan employer to apply the tip credit for untipped portions of thework performed by an employee who regularly receives more than $30a month in tips. Under current federal law, the minimum cash wagefor tipped employees is $2.13 and the maximum tip credit that anemployer can currently claim is $5.12 per hour based on a minimumwage of $7.25 per hour.

Teacher compensation; at or above national average. Requires public school teachers to be compensated at a rate that is at or above the national average. Under current law, compensation at such rate is aspirational. The foregoing provisions of the bill have a delayed effective date of July 1, 2025. The bill requires funding to be provided on an incremental basis pursuant to the general appropriation act to implement such teacher compensation rate by the effective date.

Study; Department of Rail and Public Transportation; Commonwealth Corridor passenger rail service; report. Requeststhe Department of Rail and Public Transportation to study the feasibilityof an east-west Commonwealth Corridor passenger rail service connectingHampton Roads, Richmond, and the New River Valley.

Juvenile community correctional centers; establishment; placement of juveniles. Changes the name of "juvenile correctional centers" to "juvenile community correctional centers." The bill further provides that any juvenile community correctional center establishedafter July 1, 2020, shall (i) be located within a locality in whichat least five percent of all juvenile commitments occur statewide,using an average of the rate of commitments of three consecutiveyears, and (ii) be designed to confine 30 juveniles or fewer. Thebill also states that the Department shall place children at thejuvenile community correctional center located closest to their primaryresidence and within one hour of such residence via motor vehicleand within one and one-half hours of such residence via public transportation.If such placement is not available, the Department shall use an alternativeplacement that is closest to the juvenile's primary residence, suchas a local juvenile detention center. Under current law, the Departmentmay place such children at such facilities as are available.