2006 Code of Virginia § 22.1-199.1 - Programs designed to promote educational opportunities

22.1-199.1. Programs designed to promote educational opportunities.

A. The General Assembly finds that Virginia educational research supports theconclusion that poor children are more at risk of educational failure thanchildren from more affluent homes and that reduced pupil/teacher ratios andclass sizes result in improved academic performance among young children; tothis end, the General Assembly establishes a long-term goal of reducingpupil/teacher ratios and class sizes for grades K through three in thoseschools in the Commonwealth with high or moderate concentrations of at-riskstudents.

With such funds as are provided in the appropriation act for this purpose,there is hereby established the statewide voluntary pupil/teacher ratio andclass size reduction program for the purpose of reaching the long-term goalof statewide voluntary pupil/teacher ratio and class size reductions forgrades K through three in schools with high or moderate concentrations ofat-risk students, consistent with the provisions provided in theappropriation act.

In order to facilitate these primary grade ratio and class size reductions,the Department of Education shall calculate the state funding of thesevoluntary ratio and class size reductions based on the incremental cost ofproviding the lower class sizes according to the greater of the divisionaverage per-pupil cost of all divisions or the actual division per-pupilcost. Localities shall provide matching funds for these voluntary ratio andclass size reductions based on the composite index of local ability to pay.School divisions shall notify the Department of Education of their intentionto implement the reduced ratios and class sizes in one or more of theirqualifying schools by August 1 of each year. By March 31 of each year, schooldivisions shall forward data substantiating that each participating schoolhas a complying pupil/teacher ratio.

In developing each proposed biennium budget for public education, the Boardof Education shall include funding for these ratios and class sizes. Theseratios and class sizes shall be included in the annual budget for publiceducation.

B. The General Assembly finds that educational technology is one of the mostimportant components, along with highly skilled teachers, in ensuring thedelivery of quality public school education throughout the Commonwealth.Therefore, the Board of Education shall strive to incorporate technologicalstudies within the teaching of all disciplines. Further, the General Assemblynotes that educational technology can only be successful if teachers andadministrators are provided adequate training and assistance. To this end,the following program is established.

With such funds as are appropriated for this purpose, the Board of Educationshall award to the several school divisions grants for expanded access toeducational technology. Funding for educational technology training forinstructional personnel shall be provided as set forth in the appropriationact.

Funds for improving the quality and capacity of educational technology shallalso be provided as set forth in the appropriation act, including, but notlimited to, (i) funds for providing a technology resource assistant to serveevery elementary school in this Commonwealth beginning on July 1, 1998, (ii)funds for implementing the Family Involvement in Technology program asestablished in 22.1-212.2:3, and (iii) funds to maintain the currency ofcareer and technical education programs. Any local school board acceptingfunds to hire technology resource assistants, implement the FamilyInvolvement in Technology program or maintain currency of career andtechnical education programs shall commit to providing the required matchingfunds, based on the composite index of local ability to pay.

Each qualifying school board shall establish an individualized technologyplan, which shall be approved by the Superintendent of Public Instruction,for integrating technology into the classroom and into schoolwideinstructional programs, including career and technical education programs.The grants shall be prioritized as follows:

1. In the 1994 biennium, the first priority for these funds shall be toautomate the library media centers and provide network capabilities inVirginia's elementary, middle and high schools, or combination thereof, inorder to ensure access to the statewide library and other informationnetworks. If any elementary, middle or high school has already met thispriority, the 1994 biennium grant shall be used to provide other educationaltechnologies identified in the relevant division's approved technology plan,such as multimedia and telecomputing packages, integrated learning systems,laptop computer loan programs, career and technical education laboratories orother electronic techniques designed to enhance public education and tofacilitate teacher training in and implementation of effective instructionaltechnology. The Board shall also distribute, as provided in the appropriationact, funds to support the purchase of electronic reference materials for usein the statewide automated reference system.

2. In the 1996 biennium and thereafter, the first priority for funding shallbe consistent with those components of the Board of Education's revisedsix-year technology plan which focus on (i) retrofitting and upgradingexisting school buildings to efficiently use educational technology; (ii)providing (a) one network-ready multimedia microcomputer for each classroom,(b) a five-to-one ratio of pupils to network-ready microcomputers, (c)graphing calculators and relevant scientific probes/sensors as required bythe Standards of Learning, and (d) training and professional development onavailable technologies and software to all levels and positions, includingprofessional development for personnel delivering career and technicaleducation at all levels and positions; and (iii) assisting school divisionsin developing integrated voice-, video-, and data-connectivity to local,national and international resources.

This funding may be used to implement a local school division's long-rangetechnology plan, at the discretion of the relevant school board, if the localplan meets or exceeds the goals and standards of the Board's revised six-yeartechnology plan and has been approved by the Superintendent of PublicInstruction.

3. The Departments of Education, Information Technology, and General Servicesshall coordinate master contracts for the purchase by local school boards ofthe aforementioned educational technologies and reference materials.

4. Beginning on July 1, 1998, a technology replacement program shall be, withsuch funds as may be appropriated for this purpose, implemented to replaceobsolete educational hardware and software. As provided in subsection D of 22.1-129, school boards may donate obsolete educational technology hardwareand software which are being replaced. Any such donations shall be offered toother school divisions and to preschool programs in the Commonwealth, or topublic school students as provided in guidelines to be promulgated by theBoard of Education. Such guidelines shall include criteria for determiningstudent eligibility and need; a reporting system for the compilation ofinformation concerning the number and socioeconomic characteristics ofrecipient students; and notification of parents of the availability of suchdonations of obsolete educational hardware and software.

5. In fiscal year 2000, the Board of Education shall, with such funds as areappropriated for this purpose, contract for the development or purchase ofinteractive educational software and other instructional materials designedas tutorials to improve achievement on the Standards of Learning assessments.Such interactive educational software and other instructional materials maybe used in media centers, computer laboratories, libraries, after-school orbefore-school programs or remedial programs by teachers and otherinstructional personnel or provided to parents and students to be used in thehome. This interactive educational software and other instructional materialsshall only be used as supplemental tools for instruction, remediation, andacceleration of the learning required by the K through 12 Standards ofLearning objectives.

Consistent with school board policies designed to improve school-communitycommunications and guidelines for providing instructional assistance in thehome, each school division shall strive to establish a voice mailcommunication system after regular school hours for parents, families, andteachers by the year 2000.

C. The General Assembly finds that effective prevention programs designed toassist children at risk of school failure and dropout are practicalmechanisms for reducing violent and criminal activity and for ensuring thatVirginia's children will reach adulthood with the skills necessary to succeedin the twenty-first century; to this end, the following program is herebyestablished. With such funds as are appropriated for this purpose, theGeneral Assembly hereby establishes a grant program to be disbursed by theDepartment of Education to schools and community-based organizations toprovide quality preschool programs for at-risk four-year-olds who areunserved by Head Start programs and for at-risk five-year-olds who are noteligible to attend kindergarten.

The grants shall be used to provide at least half-day services for the lengthof the school year for at-risk four-year-old children who are unserved byHead Start programs and for at-risk five-year-olds who are not eligible toattend kindergarten. The services shall include quality preschool education,health services, social services, parental involvement including activitiesto promote family literacy, and transportation.

The Department of Education, in cooperation with such other state agenciesthat may coordinate child day care and early childhood programs, shallestablish guidelines for quality preschool education and criteria for theservice components, consistent with the findings of the November 1993 studyby the Board of Education, the Department of Education, and the Council onChild Day Care and Early Childhood Programs.

The guidelines for quality preschool education and criteria for preschooleducation services may be differentiated according to the agency providingthe services in order to comply with various relevant federal or staterequirements. However, the guidelines for quality preschool education and thecriteria for preschool education services shall require when such servicesare being provided by the public schools of the Commonwealth, and may requirefor other service providers, that (i) one teacher shall be employed for anyclass of nine students or less, (ii) if the average daily membership in anyclass exceeds nine students but does not exceed 18, a full-time teacher'saide shall be assigned to the class, and (iii) the maximum class size shallbe 18 students.

School divisions may apply for and be granted waivers from these guidelinesby the Department of Education.

During the 1995-1996 fiscal year, the Board of Education shall, with suchfunds as are appropriated for this purpose, distribute grants, based on anallocation formula providing the state share of the grant per child, asspecified in the appropriation act, for 30 percent of the unserved at-riskfour-year-olds in the Commonwealth pursuant to the funding provided in theappropriation act.

During the 1996-1997 fiscal year and thereafter, grants shall be distributed,with such funds as are appropriated for this purpose, based on an allocationformula providing the state share of the grant per child, as specified in theappropriation act, for at least 60 percent of the unserved at-riskfour-year-olds and five-year-olds who are not eligible to attend kindergartenin the Commonwealth, such 60 percent to be calculated by adding services for30 percent more of the unserved at-risk children to the 30 percent ofunserved at-risk children in each locality provided funding in theappropriation act.

Local school boards may elect to serve more than 60 percent of the at-riskfour-year-olds and may use federal funds or local funds for this expansion ormay seek funding through this grant program for such purposes. Grants may beawarded, if funds are available in excess of the funding for the 60 percentallocation, to expand services to at-risk four-year-olds beyond the 60percent goal.

In order for a locality to qualify for these grants, the local governing bodyshall commit to providing the required matching funds, based on the compositeindex of local ability to pay. Localities may use, for the purposes ofmeeting the local match, local or other nonstate expenditures for existingqualifying programs and shall also continue to pursue and coordinate otherfunding sources, including child care subsidies. Funds received through thisprogram shall be used to supplement, not supplant, any local funds currentlyprovided for preschool programs within the locality.

D. The General Assembly finds that local autonomy in making decisions onlocal educational needs and priorities results in effective grass-rootsefforts to improve education in the Commonwealth's public schools only whencoupled with sufficient state funding; to this end, the following block grantprogram is hereby established. With such funds as are provided in theappropriation act, the Department of Education shall distribute block grantsto localities to enable compliance with the Commonwealth's requirements forschool divisions in effect on January 1, 1995. Therefore, for the purpose ofsuch compliance, the block grant herein established shall consist of a sumequal to the amount appropriated in the appropriation act for the coveredprograms, including the at-risk add-on program; dropout prevention,specifically Project YES; Project Discovery; English as a second languageprograms, including programs for overage, nonschooled students; AdvancementVia Individual Determination (AVID); the Homework Assistance Program;programs initiated under the Virginia Guaranteed Assistance Program, exceptthat such funds shall not be used to pay any college expenses ofparticipating students; Reading Recovery; and school/community healthcenters. Each school board may use any funds received through the block grantto implement the covered programs and other programs designed to save theCommonwealth's children from educational failure.

E. In order to reduce pupil/teacher ratios and class sizes in elementaryschools, from such funds as may be appropriated for this purpose, each schoolboard may employ additional classroom teachers, remedial teachers, andreading specialists for each of its elementary schools over the requirementsof the Standards of Quality. State and local funding for such additionalclassroom teachers, remedial teachers, and reading specialists shall beapportioned as provided in the appropriation act.

F. Pursuant to a turnaround specialist program administered by the Departmentof Education, local school boards may enter into agreements with individualsto be employed as turnaround specialists to address those conditions at theschool that may impede educational progress and effectiveness and academicsuccess. Local school boards may offer such turnaround specialists or otheradministrative personnel incentives such as increased compensation, improvedretirement benefits in accordance with Chapter 6.2 ( 51.1-617 et seq.) ofTitle 51.1, increased deferred compensation in accordance with 51.1-603,relocation expenses, bonuses, and other incentives as may be determined bythe board.

G. The General Assembly finds that certain schools have particular difficultyhiring teachers for certain subject areas and that the need for such teachersin these schools is particularly strong. Accordingly in an effort to attractand retain high quality teachers, local school boards may offer instructionalpersonnel serving in such schools as a member of a middle school teachercorps administered by the Department of Education incentives such asincreased compensation, improved retirement benefits in accordance withChapter 6.2 ( 51.1-617 et seq.) of Title 51.1, increased deferredcompensation in accordance with 51.1-603, relocation expenses, bonuses, andother incentives as may be determined by the board.

For purposes of this subsection, "middle school teacher corps" meanslicensed instructional personnel who are assigned to a local school divisionto teach in a subject matter in grades six, seven, or eight where there is acritical need, as determined by the Department of Education. The contractbetween such persons and the relevant local school board shall specify thatthe contract is for service in the middle school teacher corps.

(1995, c. 852; 1996, c. 974; 1997, cc. 357, 394, 617, 686, 923; 1998, cc.828, 901, 902; 1999, cc. 456, 680; 2000, cc. 93, 506; 2001, cc. 483, 484;2004, c. 436.)