Virginia HB 1247: Public school funding; ratios of instructional positions to English language learner students.

Bill Text

VIRGINIAACTSOFASSEMBLY--2024SESSION
CHAPTER743
An Act to amend and reenact § 22.1-253.13:2, as it shall become effective, of the Code of Virginia,
relating to public school funding; ratios of instructional positions to English language learner
students.
[H1247]
ApprovedApril8,2024
Be it enacted by the General Assembly of Virginia:
1. That § 22.1-253.13:2, as it shall become effective, of the Code of Virginia is amended and
reenacted as follows:
§ 22.1-253.13:2. (For effective date, see Acts 2022, cc. 549 and 550, cl. 2) Standard 2.
Instructional, administrative, and support personnel.
A. The Board shall establish requirements for the licensing of teachers, principals, superintendents,
and other professional personnel.
B. School boards shall employ licensed instructional personnel qualified in the relevant subject areas.
C. Each school board shall assign licensed instructional personnel in a manner that produces
divisionwide ratios of students in average daily membership to full-time equivalent teaching positions,
excluding special education teachers, principals, assistant principals, school counselors or certain other
licensed individuals as set forth in subdivision H 4, and librarians, that are not greater than the
following ratios: (i) 24 to one in kindergarten with no class being larger than 29 students; if the average
daily membership in any kindergarten class exceeds 24 pupils, a full-time teacher's aide shall be
assigned to the class; (ii) 24 to one in grades one, two, and three with no class being larger than 30
students; (iii) 25 to one in grades four through six with no class being larger than 35 students; and (iv)
24 to one in English classes in grades six through 12. After September 30 of any school year, anytime
the number of students in a class exceeds the class size limit established by this subsection, the local
school division shall notify the parent of each student in such class of such fact no later than 10 days
after the date on which the class exceeded the class size limit. Such notification shall state the reason
that the class size exceeds the class size limit and describe the measures that the local school division
will take to reduce the class size to comply with this subsection.
Within its regulations governing special education programs, the Board shall seek to set pupil/teacher
ratios for pupils with intellectual disability that do not exceed the pupil/teacher ratios for self-contained
classes for pupils with specific learning disabilities.
Further, school boards shall assign instructional personnel in a manner that produces schoolwide
ratios of students in average daily memberships to full-time equivalent teaching positions of 21 to one in
middle schools and high schools. School divisions shall provide all middle and high school teachers with
one planning period per day or the equivalent, unencumbered of any teaching or supervisory duties.
D. Each local school board shall employ with state and local basic, special education, gifted, and
career and technical education funds a minimum number of licensed, full-time equivalent instructional
personnel for each 1,000 students in average daily membership (ADM) as set forth in the appropriation
act.
E. In addition to the positions supported by basic aid and in support of regular school year programs
of prevention, intervention, and remediation, state funding, pursuant to the appropriation act, shall be
provided to fund certain full-time equivalent instructional positions for each 1,000 students in grades K
through 12 who are identified as needing prevention, intervention, and remediation services. State
funding for prevention, intervention, and remediation programs provided pursuant to this subsection and
the appropriation act may be used to support programs for educationally at-risk students as identified by
the local school boards.
To provide algebra readiness intervention services required by § 22.1-253.13:1, school divisions may
employ mathematics teacher specialists to provide the required algebra readiness intervention services.
School divisions using the Standards of Learning Algebra Readiness Initiative funding in this manner
shall only employ instructional personnel licensed by the Board.
F. In addition to the positions supported by basic aid and those in support of regular school year
programs of prevention, intervention, and remediation, state funding, pursuant to the general
appropriation act, shall be provided to support (i) 18.5 full-time equivalent instructional positions in the
2020-2021 school year for each 1,000 students identified as having limited English proficiency and (ii)
20 full-time equivalent instructional positions in the 2021-2022 school year and thereafter for each 1,000
students identified as having limited English proficiency ratios of instructional positions to English
language learner students, based on each such student's English proficiency level, as established in the
general appropriation act, which