Del. Kelly Fowler

Policies on parental notification of instructional material that includes sexually explicit content; scope and use. Provides that nothing in the law requiring the Department of Education to develop and make available to each school board model policies for ensuring parental notification of any instructional material that includes sexually explicit content and requiring each school board to adopt policies that are consistent with but may be more comprehensive than such model policies or that is in such model policies or school board policies shall be construed to permit the censoring of books in any public elementary or secondary school. This bill is identical to SB 235.

Firearm locking device required for purchase of a firearm; warning against accessibility to children; penalty. Requires any person who purchases a firearm to either (i) obtain or purchase from a licensed dealer a locking device for such firearm if a minor is present in such person's residence for 14 days or more in a calendar month or (ii) complete a certification statement on a form provided by the Department of State Police certifying that a minor is not present in such person's residence for 14 days or more in a calendar month, with exceptions enumerated in the bill. Accordingly, the bill provides that it is unlawful for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer any firearm to any person, other than a licensed manufacturer, licensed importer, or licensed dealer, unless (a) the firearm is accompanied by a warning, in conspicuous and legible type in capital letters printed on a separate sheet of paper included within the packaging enclosing the firearm, that firearms should be locked and kept away from children and that there may be civil and criminal liability for failing to do so and (b) the transferee (1) obtains or purchases a locking device for such firearm if a minor is present in such person's residence for 14 days or more in a calendar month or (2) completes the certification statement. A violation of either provision is a Class 3 misdemeanor.

Carrying a firearm or explosive material within Capitol Square or building owned or leased by the Commonwealth; exemptions; public institutions of higher education; penalty. Limits the exemption from the prohibition on the carrying of any firearm or explosive material within any building owned or leased by the Commonwealth or agency thereof or any office where employees of the Commonwealth or any agency thereof are regularly present for the purpose of performing their official duties that currently applies to any property owned or operated by a public institution of higher education to instead apply to any individual within a building owned or operated by a public institution of higher education who possesses a weapon as part of such public institution of higher education's curriculum or activities or as part of any organization authorized by such public institution of higher education to conduct its programs or activities within such building, as such uses are approved through the law-enforcement or public safety unit of such institution. This bill is identical to SB 383.

Public schools; mental health awareness trainingand instruction; requirements. Requires the health educationprogram required for each public school to include, at such gradelevels as the Board of Education deems appropriate, an age-appropriateprogram of instruction on suicide prevention and awareness, consistentwith curriculum guidelines developed by the Board and approved bythe State Board of Health, that includes instruction on the importanceof safe and healthy choices in relation to mental health wellness,healthy coping strategies, and strategies and resources for seekinghelp when a student is or knows someone who is experiencing thoughtsor ideations of suicide or self-harm. The bill requires the Boardto develop and the State Board of Health to approve curriculum guidelinesfor such program of instruction on suicide prevention and awareness.The bill also requires each teacher and other relevant personnel,as determined by the applicable school board, employed on a full-timebasis to complete mental health awareness training that addressesthe needs of youth populations that are at a high risk of experiencingmental health challenges and disorders. Current law requires suchteachers and personnel to complete mental health awareness trainingbut does not contain any requirements relating to the specific topicssuch training must address.

Equity in public school funding; student need; English language learner, special education, and at-risk students. Places several parameters on Standards of Quality funding calculations performed by the Department of Education, including (i) requiring the Department, when calculating the cost of salaries under the Standards of Quality funding formula, to include facilities staff and transportation staff salaries in the calculation of any cost of competing adjustment to salaries for instructional and support positions that is provided as part of the state share of basic aid pursuant to the general appropriation act; (ii) requiring the Department, when estimating the cost of any compensation supplement for instructional and support positions under the Standards of Quality funding formula, to include and estimate the cost of such a compensation supplement for facilities staff; (iii) prohibiting the Department from applying any cap on inflation rate adjustments to non-personal cost categories during the biennial process of rebenchmarking the direct aid to public education budget; and (iv) requiring the Department to utilize a three-year average of the most recently available data to calculate the composite index of local ability-to-pay for each school division. The bill also amends Standard of Quality 2 by (a) including in the definition of "support services position" any central office clerical position that is not otherwise set forth in such definition, (b) requiring a per-pupil Standards of Quality funding add-on to be provided for English language learner and special education students, (c) requiring, in addition to the positions supported by basic aid, state funding, pursuant to the general appropriation act, to be provided to cover the actual average school division cost to educate children with disabilities, and (d) establishing the At-Risk Program, defined in the bill as any state funding provided for programs of prevention, intervention, or remediation or pursuant to the at-risk add-on for the purpose of supporting programs for students who are educationally at risk. The bill requires (1) the determination of the amount of state funding for which a school division is eligible pursuant to such At-Risk Program to be based on the school division's identified student percentage, defined in the bill as the fraction, expressed as a percentage, that results from dividing the number of identified students enrolled in a school division by the total number of students enrolled in such school division, weighted by the factor of 1.5, and then adjusted by the addition of a percentage that corrects for undercounting English language learner students as identified students and (2) such funding to be distributed as follows: 60 percent on a flat per-student rate and 40 percent on a variable rate set out in the general appropriation act based on the concentration of poverty in the school division. The bill is a recommendation of the Joint Legislative Audit and Review Commission.

Minimum wage; farm laborers or farm employees;temporary foreign workers. Eliminates the exemptions from Virginia'sminimum wage requirements for (i) persons employed as farm laborers or farm employees and (ii) certain temporary foreign workers. This bill incorporates HB 866.

Employment discrimination; employee notification of federal and state statute of limitations. Requires an employer that employs 10 or more employees and that receives an employee complaint alleging sexual assault, harassment, or any other form of discrimination for which the employee may seek enforcement by the U.S. Equal Employment Opportunity Commission (EEOC) or the Office of the Attorney General to notify such employee that a charge may be filed with the EEOC or the Office of the Attorney General within 300 days after the alleged unlawful discriminatory practice occurred. The bill also requires an employer to provide this information as part of any new employee training provided at the commencement of employment or anti-discrimination training provided to an employee.

Uniform Statewide Building Code; bus shelters.Exempts plans and specifications for bus shelters that do not exceed256 square feet that are to be constructed for transit agencies receivingstate money and that will be constructed on state-owned propertyfrom the Department of General Services' review process requiredby the Uniform Statewide Building Code. The bill authorizes the localbuilding official of the locality in which the state-owned propertyis located to conduct the review process within 60 days of the applicant'sinitial submission of the plans and specifications for such bus shelter.

Public elementary and secondary schools; programs of instruction; mental health education; curriculum guidelines; instruction required. Requires each public elementary, middle, and high school to provide at each grade level, in addition to health instruction, an additional age-appropriate course of instruction on mental health. The bill directs the Board of Education to develop mental health curriculum guidelines for an age-appropriate, sequential mental health curriculum for each grade level and requires such curriculum guidelines to include instruction on (i) general themes of social and emotional learning, including self-awareness, self-management, responsible decision making, relationship skills, and social awareness; (ii) the signs and symptoms of common mental health challenges; (iii) mental health wellness and healthy strategies for coping with stress and negative feelings, including conflict resolution skills; (iv) the importance of and guidance on seeking assistance from an adult or mental health professional, including information on services offered within the school or the local school division; (v) the prevalence of mental health challenges and the importance of overcoming common stigmas surrounding such mental health challenges; (vi) the importance of mental health to a student's overall well-being, including physical health and academic success; and (vii) at such grade levels as the Board deems appropriate, the connection between mental health and substance use disorders and the safe use of and risks of abuse of prescription drugs. The bill permits the Board to consult with the Department of Behavioral Health and Developmental Services and other mental health experts in developing such curriculum guidelines and requires the Board to submit such guidelines to the State Board of Health for approval. The bill requires the Board to review and update by the beginning of the 2025–2026 school year the health Standards of Learning for each grade level to include such instruction on the mental health curriculum guidelines.

Contract actions; medical debt. Provides that in any action, including those brought by the Commonwealth, upon any contract to collect medical debt, as defined in the bill, such an action is barred if not commenced within three years from the due date applicable to the first invoice for a health care service unless the contract with a hospital or health care provider is for a payment plan that allows for a longer period of time for the collection of debt by the hospital or health care provider. The bill specifies that such limitation shall not apply to medical debt arising from services provided by programs administered by the Department of Medical Assistance Services.