ALEC Legislation in Virginia: Education
HB 2104 and SB 1544 (2009) and HB 238 (2010): Public funding for private school scholarships
This legislation would create publicly funded scholarship funds to send students with disabilities such as autism to private schools. The legislation was introduced in 2009 and 2010 but failed to win approval.
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Virginia's Students with Disabilities Tuition Assistance Grant Program
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ALEC's Autism Scholarship Program Act
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A. There is hereby established the Students with Disabilities Tuition Assistance Grant Program (Grant Program), to provide tuition assistance for attendance at an eligible private school, as defined in § 22.1-335.4, of the parent's choice for eligible students for whom an individualized educational program has been written in accordance with the federal Individuals with Disabilities Education Act (IDEA), as amended, regulations promulgated pursuant to IDEA, and regulations of the Board of Education.
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The Autism Scholarship Program creates a scholarship program that provides students with autism the option to attend the public or private elementary or secondary school of their parents' choice
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"Eligible student" means any K-12 student as defined by the Board of Education in its Regulations Governing Special Education Programs for Children with Disabilities in Virginia who is diagnosed with an autism spectrum disorder.
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"Eligible Student" means any elementary or secondary student in the state whose public school district has identified the child as having autism or autism spectrum disorder and who has an Individualized Education Plan in effect for the child, and the child was enrolled in public school in the previous school year or is eligible to enter public school in the school year in which a scholarship is first sought for the child.
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Grant Program; eligibility.
A. The parent of an eligible student, as defined in § 22.1-335.1, who has demonstrated substantial unmet academic or developmental progress in a public school may request of the Superintendent of Public Instruction a tuition assistance grant for the student to enroll in and attend an eligible private school, as defined in § 22.1-335.4. When such a request is received by the Superintendent of Public Instruction, an eligible private school shall receive a tuition assistance grant on behalf of the requesting student, in accordance with this section, upon satisfaction of the following conditions:
1. The student has attended a public school in the Commonwealth and has received special education services from a public school for at least one year prior to the request of a grant.
2. Prior to the beginning of the initial school year for which the grant is requested, the parent has obtained acceptance for admission of the student to a private school that is eligible to participate in the Grant Program pursuant to § 22.1-335.4.
3. The parent has notified the division superintendent of his request to the Superintendent of Public Instruction for a tuition assistance grant at least 60 days prior to the beginning of the school year in which the first grant payment is sought. The parental notice shall be transmitted through a communication sent directly to the division superintendent either in writing or through electronic means.
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Any parent of an eligible student shall qualify for a scholarship from the state for the child to enroll in and attend a participating, private school if:
(1) The student with autism has had an Individualized Education Plan (1) the student with autism has had an Individualized Education Plan written in accordance with the rules of the Department;
(2) The student has been accepted for admission at a participating school;
and
(3) The parent has requested a scholarship from the state before the deadline established by the Department.
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Virginia bills: http://www.richmondsunlight.com/bill/2010/ hb238/fulltext/
http://leg1.state.va.us/cgi-bin/legp504.exe?091+sum+HB2104
http://lis.virginia.gov/cgi-bin/legp604.exe?091+ful+SB1544
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ALEC bill: THE_AUTISM_SCHOLARSHIP_ PROGRAM_ACT_Exposed.pdf
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HB 1388 and SB 738: Establishment of Virtual School Programs
In 2010, legislation to establish virtual school programs was introduced on behalf of the Governor in both the House and Senate and subsequently became law. The legislation, a version of which as been pushed by ALEC's education committee, encourages school divisions to contract with private virtual school companies for student instruction.
- House sponsors: Bell, Richard P., Bell, Robert B., Byron, Cline, Cox, J.A., Crockett-Stark, Dance, Ebbin, Greason, Howell, W.J., Iaquinto, Jones, Keam, Kilgore, Landes, Lingamfelter, Lohr, Morefield, Morrissey, Peace and Plum
- Senate sponsors: Newman, Stephen
- Status: Signed into law 4/21/10
- his legislation was introduced at the request of Governor Bob McDonnell
- An online for-profit virtual school company was the corporate co-chair of ALEC's Education Committee in 2011.
HB 1390 and SB 737: Charter School Procedures
In 2010, at the request of the Governor, legislation passed the House and Senate to amend the state's charter school procedures to require charter school applicants to first submit their applications to the state Board of Education before seeking approval from their local school board. The legislation also provides for a mechanism for charter school applicants to appeal a local school board's decision to the state Board of Education for reconsideration. In practice, this legislation allows the Governor to stack the Board of Education with pro-charter advocates in order to circumvent the preferences and authority of local school districts.
- House sponsors: Lingamfelter, Dance, Peace, Abbitt, Anderson, Athey, Bell, Richard P., Bell, Robert B., Byron, Cline, Cole, Comstock, Cosgrove, Cox, J.A., Cox, M.K., Edmunds, Garrett, Gear, Greason, Howell, W.J., Hugo, Iaquinto, Ingram, Janis, Jones, Knight, LeMunyon, Lohr, Marshall, D.W., Marshall, R.G., Massie, Merricks, Morgan, Nixon, O'Bannon, Oder, Pogge, Poindexter, Purkey, Putney, Sherwood, Stolle, Tata, Villanueva and Ware, R.L.
- Senate sponsor: Newman
- Status: Signed into law 4/11/10
- This legislation was introduced at the request of Governor Bob McDonnell
- An online for-profit virtual school company was the corporate co-chair of ALEC's Education Committee in 2011.
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Virginia's Review of Public Charter School Applications
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ALEC's Charter Schools ACT
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Prior to submission of an application to a local school board for review, the public charter school applicant mayshall submit its proposed charter application to the Board of Education for review, and comment, and a pre-certification recommendation. The Board's review shall examine such applications for feasibility, curriculum, financial soundness, and other objective criteria as the Board may establish, consistent with existing state law. The Board's review and comment shall be for the purpose of ensuring that the application conforms with such criteria, but and shallnot include a consideration pre-certification recommendation as to whether the application shall should be approved by the local school board. Nothing in this section shall prevent a school division from pre-planning a charter application before it is submitted to the Board of Education for review and pre-certification.
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This legislation allows groups of citizens to seek charters from the state to create and operate innovative, outcome-based schools. These schools would be exempt from state laws and regulations that apply to public schools....
Section 6. {Advisory Committee.} The state board of education shall appoint an advisory committee comprised of 10 members.
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Virginia's bills: http://leg1.state.va.us/cgi-bin/legp504.exe?101+sum+HB1390
http://leg1.state.va.us/cgi-bin/
legp504.exe?101+ful+SB737
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ALEC's model legislation: http://alecexposed.org/w/images/9/9a/
2D1-Charter_Schools_Act_Exposed.pdf
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HB 1843 (2007), HB 1164 (2008), HB 1965 (2009), HB 2314 (2011): Education Investment Tax Credit
This legislation, which has been repeatedly introduced by anti-public school advocates, would create a tax credit for businesses that donate to scholarship funds for low-income students to attend private elementary and secondary schools.
- 2007 sponsor: Delegate Christopher Saxman
- 2008 sponsors: Delegates Saxman, Athey, Cole, Lingamfelter and Peace
- 2009 sponsors: Delegates Saxman, Athey, Cole, Lingamfelter and Pogge
- 2011 sponsors: Massie, Greason, Howell, A.T., Abbitt, Albo, Anderson, Athey, Bell, Richard P., Bell, Robert B., Byron, Cleaveland, Cline, Cole, Comstock, Cosgrove, Cox, J.A., Cox, M.K., Garrett, Gilbert, Habeeb, Iaquinto, Ingram, Janis, Joannou, Landes, Lingamfelter, Loupassi, Marshall, D.W., Marshall, R.G., May, Merricks, O'Bannon, Oder, Peace, Pogge, Poindexter, Purkey, Robinson, Stolle, Villanueva and Wilt; Senator: Obenshain
- Status: did not pass
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Virginia's Education Investment Tax Credit
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ALEC's Great Schools Tax Credit Program
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§ 58.1-439.26. Tax credit for donations to scholarship foundations by business entities.
A. 1. For taxable years beginning on and after January 1, 2012, a business entity may receive a credit against any tax due under Article 10 (§ 58.1-400 et seq.) of Chapter 3, in an amount equal to 70 percent of its monetary contribution to a scholarship foundation included on the list published annually by the Department in accordance with the provisions of § 58.1-439.27, except that no business entity shall receive any credit against any bank franchise tax imposed by a city, town, or county under the authority granted in § 58.1-1208, 58.1-1209 or 58.1-1210. The credit shall be allowed to be claimed for the taxable year following the year of such contribution.
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(C) The tax credit may be claimed by a corporate taxpayer in an amount equal to the total contributions made to a scholarship granting organization for educational scholarships during the taxable year for which the credit is claimed up to 50 percent of the taxpayer's tax liability.
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A. A scholarship foundation, as defined in § 58.1-439.25 and included on the list published annually by the Department in accordance with the provisions of § 58.1-439.27, shall disburse annually at least 90 percent of its tax-credit-derived funds for qualified educational expenses through scholarships to eligible students.
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Section 4. {Responsibilities of Scholarship Granting Organizations}
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(5) Ensure that at least 90 percent of their revenue from donations is spent on educational scholarships, and that all revenue from interest or investments is spent on educational scholarships;
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E. Scholarship foundations shall develop procedures for disbursing scholarships in periodic payments throughout the school year to ensure scholarships are portable.
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(9) Ensure that scholarships are portable during the school year and can be used at any qualifying school that accepts the eligible student according to a parent's wishes. If a student moves to a new qualifying school during a school year, the scholarship amount may be prorated.
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C. Scholarship foundations shall ensure that eligible schools selected by scholarship students (i) are in compliance with the Commonwealth's and locality's health and safety laws and codes; (ii) hold a valid occupancy permit as required by the locality; (iii) comply with Title VI of the Civil Rights Act of 1964, as amended; and (iv) comply with nonpublic school accreditation requirements as set forth in § 22.1-19 and administered by the Virginia Council for Private Education or maintain an assessment system that annually measures scholarship students' progress in reading and math using a national norm-referenced achievement test, including but not limited to the Stanford Achievement Test, California Achievement Test, and Iowa Test of Basic Skills.
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(A) Each scholarship granting organization shall collect written verification from participating, private schools that accept its scholarship students that those schools:
(1) Comply with all health and safety laws or codes that apply to private schools;
(2) Hold a valid occupancy permit if required by their municipality;
(3) Certify that they comply with the nondiscrimination policies set forth in 42 USC 1981; 13 and
(4) Conduct criminal background checks on employees and then:(a) exclude from employment any people not permitted by state law to work in a private school; and
(b) Exclude from employment any people that might reasonably pose a threat to the safety of students.
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Virginia bills: http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+HB1965
http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+HB1164
http://leg1.state.va.us/cgi-bin/legp504.exe?071+sum+HB1843
http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+HB2314
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ALEC's model legislation: http://alecexposed.org/w/images/b/b1/2D11-THE_GREAT_SCHOOLS_
TAX_CREDIT_PROGRAM_ACT_Exposed.pdf
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HJ 193: Parental Rights Amendment
According to the Center for Media and Democracy, ALEC's model constitutional amendment "attempts to dress up the effort to privatize the American tradition of public education as a parental right, creating a political wedge issue while also elevating these privatization efforts to "constitutional" status, which can then be used as a weapon to strike down any statute that is purported to infringe on the rights granted by this vague amendment. The Virginia resolution memorializes Congress to pass a federal parental rights amendment.
- Sponsors: Delegates Pogge, Anderson, Athey, Bell, Richard P., Carrico, Cleaveland, Cline, Cole, Cox, J.A., Cox, M.K., Crockett-Stark, Gear, Gilbert, Greason, Griffith, Hugo, Jones, Kilgore, Landes, Lingamfelter, Marshall, R.G., Massie, Miller, J.H., Morefield, Oder, Purkey, Putney, Sherwood, Stolle and Tata
- Status: Failed
ALEC Legislation in Virginia: Education
Contents
HB 2104 and SB 1544 (2009) and HB 238 (2010): Public funding for private school scholarships
This legislation would create publicly funded scholarship funds to send students with disabilities such as autism to private schools. The legislation was introduced in 2009 and 2010 but failed to win approval.
Virginia's Students with Disabilities Tuition Assistance Grant Program
ALEC's Autism Scholarship Program Act
A. There is hereby established the Students with Disabilities Tuition Assistance Grant Program (Grant Program), to provide tuition assistance for attendance at an eligible private school, as defined in § 22.1-335.4, of the parent's choice for eligible students for whom an individualized educational program has been written in accordance with the federal Individuals with Disabilities Education Act (IDEA), as amended, regulations promulgated pursuant to IDEA, and regulations of the Board of Education.
The Autism Scholarship Program creates a scholarship program that provides students with autism the option to attend the public or private elementary or secondary school of their parents' choice
"Eligible student" means any K-12 student as defined by the Board of Education in its Regulations Governing Special Education Programs for Children with Disabilities in Virginia who is diagnosed with an autism spectrum disorder.
"Eligible Student" means any elementary or secondary student in the state whose public school district has identified the child as having autism or autism spectrum disorder and who has an Individualized Education Plan in effect for the child, and the child was enrolled in public school in the previous school year or is eligible to enter public school in the school year in which a scholarship is first sought for the child.
Grant Program; eligibility.
A. The parent of an eligible student, as defined in § 22.1-335.1, who has demonstrated substantial unmet academic or developmental progress in a public school may request of the Superintendent of Public Instruction a tuition assistance grant for the student to enroll in and attend an eligible private school, as defined in § 22.1-335.4. When such a request is received by the Superintendent of Public Instruction, an eligible private school shall receive a tuition assistance grant on behalf of the requesting student, in accordance with this section, upon satisfaction of the following conditions:
1. The student has attended a public school in the Commonwealth and has received special education services from a public school for at least one year prior to the request of a grant.
2. Prior to the beginning of the initial school year for which the grant is requested, the parent has obtained acceptance for admission of the student to a private school that is eligible to participate in the Grant Program pursuant to § 22.1-335.4.
3. The parent has notified the division superintendent of his request to the Superintendent of Public Instruction for a tuition assistance grant at least 60 days prior to the beginning of the school year in which the first grant payment is sought. The parental notice shall be transmitted through a communication sent directly to the division superintendent either in writing or through electronic means.
Any parent of an eligible student shall qualify for a scholarship from the state for the child to enroll in and attend a participating, private school if:
(1) The student with autism has had an Individualized Education Plan (1) the student with autism has had an Individualized Education Plan written in accordance with the rules of the Department;
(2) The student has been accepted for admission at a participating school;
and
(3) The parent has requested a scholarship from the state before the deadline established by the Department.
Virginia bills: http://www.richmondsunlight.com/bill/2010/ hb238/fulltext/
http://leg1.state.va.us/cgi-bin/legp504.exe?091+sum+HB2104
http://lis.virginia.gov/cgi-bin/legp604.exe?091+ful+SB1544
ALEC bill: THE_AUTISM_SCHOLARSHIP_ PROGRAM_ACT_Exposed.pdf
HB 1388 and SB 738: Establishment of Virtual School Programs
In 2010, legislation to establish virtual school programs was introduced on behalf of the Governor in both the House and Senate and subsequently became law. The legislation, a version of which as been pushed by ALEC's education committee, encourages school divisions to contract with private virtual school companies for student instruction.
Virginia Virtual Schools Programs
ALEC's Virtual Public Schools Act
Virginia bills: http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+SB738
http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB1388
ALEC model legislation: Virtual Public Schools Exposed
HB 1390 and SB 737: Charter School Procedures
In 2010, at the request of the Governor, legislation passed the House and Senate to amend the state's charter school procedures to require charter school applicants to first submit their applications to the state Board of Education before seeking approval from their local school board. The legislation also provides for a mechanism for charter school applicants to appeal a local school board's decision to the state Board of Education for reconsideration. In practice, this legislation allows the Governor to stack the Board of Education with pro-charter advocates in order to circumvent the preferences and authority of local school districts.
Virginia's Review of Public Charter School Applications
ALEC's Charter Schools ACT
Prior to submission of an application to a local school board for review, the public charter school applicant mayshall submit its proposed charter application to the Board of Education for review, and comment, and a pre-certification recommendation. The Board's review shall examine such applications for feasibility, curriculum, financial soundness, and other objective criteria as the Board may establish, consistent with existing state law. The Board's review and comment shall be for the purpose of ensuring that the application conforms with such criteria, but and shallnot include a consideration pre-certification recommendation as to whether the application shall should be approved by the local school board. Nothing in this section shall prevent a school division from pre-planning a charter application before it is submitted to the Board of Education for review and pre-certification.
This legislation allows groups of citizens to seek charters from the state to create and operate innovative, outcome-based schools. These schools would be exempt from state laws and regulations that apply to public schools....
Section 6. {Advisory Committee.} The state board of education shall appoint an advisory committee comprised of 10 members.
Virginia's bills: http://leg1.state.va.us/cgi-bin/legp504.exe?101+sum+HB1390
http://leg1.state.va.us/cgi-bin/
legp504.exe?101+ful+SB737
ALEC's model legislation: http://alecexposed.org/w/images/9/9a/
2D1-Charter_Schools_Act_Exposed.pdf
HB 1843 (2007), HB 1164 (2008), HB 1965 (2009), HB 2314 (2011): Education Investment Tax Credit
This legislation, which has been repeatedly introduced by anti-public school advocates, would create a tax credit for businesses that donate to scholarship funds for low-income students to attend private elementary and secondary schools.
Virginia's Education Investment Tax Credit
ALEC's Great Schools Tax Credit Program
§ 58.1-439.26. Tax credit for donations to scholarship foundations by business entities.
A. 1. For taxable years beginning on and after January 1, 2012, a business entity may receive a credit against any tax due under Article 10 (§ 58.1-400 et seq.) of Chapter 3, in an amount equal to 70 percent of its monetary contribution to a scholarship foundation included on the list published annually by the Department in accordance with the provisions of § 58.1-439.27, except that no business entity shall receive any credit against any bank franchise tax imposed by a city, town, or county under the authority granted in § 58.1-1208, 58.1-1209 or 58.1-1210. The credit shall be allowed to be claimed for the taxable year following the year of such contribution.
(C) The tax credit may be claimed by a corporate taxpayer in an amount equal to the total contributions made to a scholarship granting organization for educational scholarships during the taxable year for which the credit is claimed up to 50 percent of the taxpayer's tax liability.
A. A scholarship foundation, as defined in § 58.1-439.25 and included on the list published annually by the Department in accordance with the provisions of § 58.1-439.27, shall disburse annually at least 90 percent of its tax-credit-derived funds for qualified educational expenses through scholarships to eligible students.
Section 4. {Responsibilities of Scholarship Granting Organizations}
...
(5) Ensure that at least 90 percent of their revenue from donations is spent on educational scholarships, and that all revenue from interest or investments is spent on educational scholarships;
E. Scholarship foundations shall develop procedures for disbursing scholarships in periodic payments throughout the school year to ensure scholarships are portable.
(9) Ensure that scholarships are portable during the school year and can be used at any qualifying school that accepts the eligible student according to a parent's wishes. If a student moves to a new qualifying school during a school year, the scholarship amount may be prorated.
C. Scholarship foundations shall ensure that eligible schools selected by scholarship students (i) are in compliance with the Commonwealth's and locality's health and safety laws and codes; (ii) hold a valid occupancy permit as required by the locality; (iii) comply with Title VI of the Civil Rights Act of 1964, as amended; and (iv) comply with nonpublic school accreditation requirements as set forth in § 22.1-19 and administered by the Virginia Council for Private Education or maintain an assessment system that annually measures scholarship students' progress in reading and math using a national norm-referenced achievement test, including but not limited to the Stanford Achievement Test, California Achievement Test, and Iowa Test of Basic Skills.
(A) Each scholarship granting organization shall collect written verification from participating, private schools that accept its scholarship students that those schools:
(1) Comply with all health and safety laws or codes that apply to private schools;
(2) Hold a valid occupancy permit if required by their municipality;
(3) Certify that they comply with the nondiscrimination policies set forth in 42 USC 1981; 13 and
(4) Conduct criminal background checks on employees and then:(a) exclude from employment any people not permitted by state law to work in a private school; and
(b) Exclude from employment any people that might reasonably pose a threat to the safety of students.
Virginia bills: http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+HB1965
http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+HB1164
http://leg1.state.va.us/cgi-bin/legp504.exe?071+sum+HB1843
http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+HB2314
ALEC's model legislation: http://alecexposed.org/w/images/b/b1/2D11-THE_GREAT_SCHOOLS_
TAX_CREDIT_PROGRAM_ACT_Exposed.pdf
HJ 193: Parental Rights Amendment
According to the Center for Media and Democracy, ALEC's model constitutional amendment "attempts to dress up the effort to privatize the American tradition of public education as a parental right, creating a political wedge issue while also elevating these privatization efforts to "constitutional" status, which can then be used as a weapon to strike down any statute that is purported to infringe on the rights granted by this vague amendment. The Virginia resolution memorializes Congress to pass a federal parental rights amendment.
Virginia's Parental Rights Amendment Resolution
ALEC's Parental Rights Amendment
WHEREAS, the right of parents to direct the upbringing and education of their children is a fundamental right protected by the United States Constitution and the Constitution of Virginia;
The right of parents to direct the upbringing and education of their children shall not be infringed. The legislature shall have power to enforce, by appropriate legislation, the provisions of this section.
Virginia's bill: http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HJ193
ALEC's model legislation: http://alecexposed.org/w/images/e/e8/
2D5-Parental_Rights_Amendment_Exposed.pdf