Del. Kelly Fowler

Public education; special education dispute resolution system; administration, organization, oversight, and training; regional special education ombudsman established. Makes several revisions and updates to the special education dispute resolution system, services, and resources in the Commonwealth, including by (i) requiring the Board of Education to prescribe procedures providing for a tiered dispute resolution system that encourages the use of mediation as an informal means of resolving disputes relating to special education and related services; (ii) expanding the duties of the State Parent Ombudsman for Special Education, including by requiring it to develop and implement an anonymous evaluation survey for individuals after contacting or using the State Parent Ombudsman for Special Education, collaborate with the Office of the Children's Ombudsman, provide certain training to its staff by a neutral, qualified expert, and provide additional support, resources, and technical assistance to the Parent Training and Information Center; (iii) expanding the duties of the Department of Education relating to the special education dispute resolution system, including requirements relating to oversight of school division complaints, the provision of neutral, qualified IEP facilitators and mediators, and the provision of training on the tiered dispute resolution system to parents, school personnel, and all special education mediators and hearing officers; and (iv) directing the Department of Education to establish four regional special education ombudsman centers for the purpose of serving as a resource for parents and school personnel on matters relating to the special education dispute resolution system and assisting with the monitoring and oversight of school division and school compliance with federal and state laws and regulations relating to special education dispute resolution.

Jurisdiction of district courts; assault and battery of a family or household member; petition for transfer. Allows an adult family or household member, as defined in relevant law, who is the victim of assault and battery from another adult family or household member to petition the juvenile and domestic relations district court to transfer the case from such court to the general district court for proceedings to continue in open court, unless the alleged offender is a child. Under current law, jurisdiction for all offenses in which one family or household member is charged with an offense in which another family or household member is the victim lies exclusively with the juvenile and domestic relations district court.

Public institutions of higher education; undergraduate Virginia student tuition and mandatory fees; two-year freeze. Requires the tuition and mandatory fees charged to undergraduate Virginia students at each public institution of higher education to be capped at the rate charged to such students for the first academic term of the 2025-2026 academic year. The provisions of the bill expire on July 1, 2028.

Law-enforcement officers; restrictions on wearing of facial coverings; exceptions; civil liability; penalty. Prohibits certain state and federal law-enforcement officers from wearing facial coverings, defined in the bill, while engaged in the performance of their official duties. The bill sets out several exceptions to such prohibition, including protective facial coverings to protect against disease, infection, and exposure to toxic substances and facial coverings worn by any law-enforcement officer assigned to a special weapons and tactics team while engaged in the performance of his official duties with such team. The bill subjects the law-enforcement officer to disciplinary action, including dismissal, demotion, suspension, transfer, or decertification, and creates a Class 1 misdemeanor for any law-enforcement officer who wears a facial covering in violation of the provisions of the bill unless the law-enforcement agency that employs such law-enforcement officer has adopted and established a written policy for and restrictions on the use of facial coverings. The bill also directs the Department of Criminal Justice Services to develop a model policy for and restrictions on the use of facial coverings by law-enforcement officers. Finally, the bill creates a civil cause of action for any person injured as a result of tortious conduct by a law-enforcement officer who knowingly and intentionally wears a facial covering in violation of the provisions of the bill. The bill provides that sovereign immunity shall not be a defense to civil liability for such tortious conduct.

Medical care facilities; expanded access to medical cannabis for terminally ill patients. Requires medical care facilities to permit terminally ill patients, as defined in the bill, to use medical cannabis. The bill requires medical care facilities to adopt policies facilitating the use of medical cannabis. The provisions of the bill do not apply to the provision of emergency medical services, including in emergency departments of hospitals. The bill requires compliance with applicable drug and medication requirements, specifies that compliance with its provisions shall not be a condition of obtaining, retaining, or renewing a license as a medical care facility, and establishes a protocol for noncompliance in the event of intervention by the federal government. The bill has a delayed effective date contingent on the federal rescheduling of marijuana from a Schedule I to a Schedule III drug. This bill was incorporated into HB 75.

Public schools; right to free public elementary and secondary education; discrimination based on immigration status prohibited; requirements; civil cause of action. Prohibits any child in the Commonwealth from being denied a free public education through secondary school on the basis of the actual or perceived immigration or citizenship status of the child or the child's parents, in accordance with the Constitution of Virginia and consistent with the requirements of the Fourteenth Amendment to the United States Constitution. The bill prohibits any school board or public elementary or secondary school from engaging in certain enumerated actions and practices that involve or result in the denial of a free public education, or denial of the benefits or exclusion from participation in any program or activity thereof, of a child on the basis of the actual or perceived immigration or citizenship status of the child or the child's parents. The bill also requires each public elementary and secondary school to develop and implement procedures for reviewing and authorizing requests from law enforcement agents to enter a public school or public school facility. The bill establishes a civil cause of action for any party aggrieved by conduct that violates the provisions of the bill, in accordance with the provisions of the bill. Finally, the bill directs (i) the Department of Education to develop and make available to each school board by August 1, 2026, guidance for school personnel on the requirements of the bill and training guidelines and materials for the training of all public school principals and administrators on compliance with the provisions of the bill, and (ii) each school board to (a) develop and implement by August 1, 2026, policies and procedures in accordance with the provisions of the bill and (b) require each public school principal and administrator to complete training on compliance with the provisions of the bill by the beginning of the 2026–2027 school year. This bill was incorporated into HB 836.

Imposition of income tax. Establishes a new income tax bracket beginning in taxable year 2026, that taxes income in excess of $1 million at a rate of 10 percent. Currently, all income in excess of $17,000 is taxed at the rate of 5.75 percent. The bill provides that, from the additional revenue generated from such increased tax rate upon income in excess of $1 million, 50 percent will be dedicated to providing additional basic aid funding for public schools, 30 percent will be dedicated to the Child Care Subsidy Program, and 20 percent will be dedicated to the Virginia Housing Trust Fund. The bill contains technical amendments.

Constitutional amendment (voter referendum); fundamental right to reproductive freedom. Provides for a referendum at the November 3, 2026, election to approve or reject an amendment to the Constitution of Virginia relating to the right to make one's own decisions related to reproductive health care, including access to abortion. The amendment protects patients and their doctors and nurses from being punished for making such decisions. The amendment allows the state to place restrictions on access to abortion during the third trimester of pregnancy except when the patient's life or physical or mental health is at risk or the pregnancy cannot survive. This bill is identical to SB 449.

Precipitation design standards; non-stationary precipitation; climate-adjusted rainfall. Requires the State Water Control Board to serve as the lead agency responsible for establishing and maintaining precipitation design standards to be used by all state agencies, localities, and other political subdivisions and in transportation projects. The bill requires such precipitation design standards to include the most recent precipitation frequency estimates published in the National Oceanic and Atmospheric Administration national precipitation frequency atlas to account for observed and projected increases in precipitation intensity, frequency, and duration. The bill directs the Department of Environmental Quality, Department of Transportation, and any other state agency to update any relevant manuals and design standards consistent with the provisions of the bill by July 1, 2027. The bill also allows the State Water Control Board and the Department of Transportation to adopt interim guidance or regulations implementing the provisions of the bill consistent with the Administrative Process Act, ensuring that updated precipitation design standards take effect no later than July 1, 2027. This bill is a recommendation of the Joint Subcommittee on Recurrent Flooding.

Student bullying; definition; characteristics of victim. Adjusts the definition of "bullying" in the context of public education to specify that the real or perceived power imbalance between the aggressor or aggressors and victim includes such a power imbalance on the basis of the membership of the victim in a group that is protected from discrimination pursuant to the Virginia Human Rights Act.