Compass Point
A Weekly Collection of Data, Articles and Insights from the Commonwealth Educational Policy Institute
A project of the Virginia Commonwealth University's Center for Public Policy
L. Douglas Wilder School of Government and Public Affairs
 
Recent State and Local Education News
Virginia Beach students reach across continents to understand poverty
The Virginian-Pilot
February 28, 2017

Lynnhaven Middle School students are waiting to hear back from Africa.

They recently sent letters to students in Korah, a community of 130,000 in Ethiopia.

Eighth-grader Maddy DeCandido wrote in her letter, “I’m very passionate about playing volleyball, and I hope to play in college one day.” She included a photo of herself.

Responses from the African students are expected to arrive within the next few weeks, written in English “as best they can,” said Crystal Colohan, a gifted resource teacher who traveled to Ethiopia this past summer on a mission trip with her church.

Language arts teacher Sarah Morrison came up with the idea for the entire school to read the same book. Eighth-graders got first dibs. The pen pal project started with students in Morrison’s 45-minute daily enrichment class.

Search for Germanna president narrows to three candidates
Free-Lance Star
February 28, 2017

The State Board for Community Colleges has certified three finalists for the position of president at Germanna Community College. The finalists were among more than 100 applicants from across the nation.

The three candidates are John R. Donnelly of Charlottesville; Janet Gullickson, of Spokane, Wash.; and Linda Thomas–Glover, of Onley.

“This opportunity at Germanna is attracting an impressive breadth and depth of talent,” said Glenn DuBois, chancellor of Virginia’s Community Colleges. “We take that as a vote of confidence in the college, as well as the entire Virginia Community College System. Our focus on student success, our innovative approaches to providing short-term workforce training and our stability make us attractive to community college leaders who yearn to make a difference.”

Donnelly is vice president for instruction and student services at Piedmont Virginia Community College, a position he has held since 2010. He served for two years as vice president of academic and student affairs/provost for Massachusetts Bay Community College in Wellesley Hills, Mass.

Virginia universities tally up cost of unfunded federal mandates
Richmond Times-Dispatch
February 26, 2017

The University of Virginia estimates it spends $20 million a year complying with unfunded federal mandates just for its academic division.

In the past five years, the College of William & Mary reports it has added at least four full-time positions to handle the increase in regulatory requirements and gives “a conservative estimate” of $4.5 million to $6.7 million in annual compliance costs.

Virginia Commonwealth University estimates its total compliance cost at just over $13 million.

The mandates are the reason VCU sends out an alert if there’s a mugging on or near campus — required as part of the Clery Act — and tracks from “cradle to grave” all its medical waste, from surgical gloves to body parts, for the U.S. Environmental Protection Agency.

But the rules also govern expansive requirements for the Title IX gender-equity and Title IV financial aid programs.
 
Washington Post
February 25, 2017

His big, wooden gavel temporarily stolen, Lt. Gov. Ralph Northam (D) resorted to tap-tap-tapping the Virginia Senate into session with a tiny plastic mallet Saturday, when lawmakers passed a state budget with near-unanimous support.

It was a fitting start to the final day of an understated General Assembly session, in which most hot-button bills died early and differences over the state’s spending plan were relatively minor.

With just one “no” vote between the House and Senate, the two chambers voted for a budget that covers a $1.2 billion shortfall, provides long-sought raises for state employees, troopers and teachers, and boosts funding for K-12 education.

The final stretch of Virginia’s legislative session is usually a frenzied affair, with lawmakers and the governor trying to strike last-minute deals, sometimes on hefty legislation, such as the sweeping 2013 transportation plan that Gov. Robert F. McDonnell (R) wrangled out of the General Assembly as the session drew to a close. Just last year, Gov. Terry McAuliffe (D) and the GOP-controlled legislature battled down to the wire over a state Supreme Court appointment.

Amazon will support Virginia cybersecurity initiative
Inside Business
February 24, 2017

A new strategic relationship between Amazon Web Services and the Virginia Cyber Range will help Virginia expand the reach of cybersecurity education. Amazon will join the state and Virginia Tech to support scalable cloud infrastructure and collaborate on cybersecurity educational efforts.

According to a recent announcement from Gov. Terry McAuliffe’s office, by using Amazon Web Services, the virtual facility will be positioned to provide Virginia educators access to cybersecurity course material and a hands-on laboratory environment for students.

 
Recent National Education News
Donald Trump's First Speech to Congress and Education: Four Things to Watch
EdWeek
February 27, 2017

President Donald Trump is slated to give his first big speech to Congress Tuesday. Because this is his first year in office, it's not technically a State of the Union address. (Think of it as a pseudo-SOTU in Beltway-speak).

The speech could give the country a glimpse of education's place in Trump's presidency—or it could send a signal that education won't be a major focus.

Here are four things to watch for:

Does education come up at all?

Back in 2009, President Barack Obama made education a big theme of a similar speech in his first big speech to Congres and ended up laying out a lot of the proposals—and goals—that defined his presidency on the issue. He talked about how three-quarters of the country's fastest-growing jobs require education beyond high school, but noted that only about half of the country had attained that level of education. He set a goal of leading the world in college graduates by 2020, which he referred to again, and again, over the course of his presidency.

What will Trump say about career and technical education?

Trump got a ton of support from working-class voters, in areas of the country that are trying to revive a struggling manufacturing sector and pinpoint pathways for students who may not want to pursue a traditional, four-year college degree.

 

A Review of the 2017 General Assembly Action and our March Education Law Newsletter

This week in Compass Point we feature a  General Assembly Update that reviews the final education outcomes from the 2017 General Assembly session.  We're also happy to have a new edition of our Education Law newsletter to share, written by CEPI Senior Fellow Dr. Richard Vacca.  An excerpt of this issue, which looks at religion and public education, is found below.

Also keep your eyes open for next week's release of our 2017 School Budget Facts and Insights publication - a handy reference as localities begin reconciling the budget requests from school systems with the revenues available from tax rates set by the boards of supervisors and city councils.  The factbook contains links to maps that highlight locality by locality breakdowns of total school budget size, per pupil spending, real estate tax rates, starting teacher salaries and pupil to teacher ratios. 

We hope you have a great week!

Sincerely,
CEPI
Education Law Newsletter 

The religion/public education controversy 2017-Emerging issues


Excerpted from the March 2017 Education Law Newsletter written by Dr. Richard Vacca.  Read the full newsletter on our website.

Overview
The body of law involving religion in public schools is sizable. Issues involving the First Amendment’s Establishment and Free exercise Clauses continue to foment controversy in our nation’s public school systems—especially issues involving the Establishment Clause. While prayer and Bible reading, the flag salute, moments of silence in schools, extra-curricular clubs, religion in the curriculum, and others have dominated the legal and policy landscape, more recent religion issues continue to spring up. In my opinion issues involving use of public tax funds to provide student vouchers and scholarships, charter schools, use of public school facilities by local faith groups, parental objections to the content of courses taught and required student reading lists are emerging from what I propose is a confluence of three interrelated child centered/child benefit factors.

First, as communities (rural, suburban, and urban) continue to experience a growth in ethnic, cultural, and religious diversity, public school systems are, in a “spirit of accommodation,” working to rethink and revise policies governing all aspects of school system operation (e.g., the curriculum, extra-curricular activities, faculty and student dress codes). The effort is aimed at creating welcoming schools and, at the same time, increasing parent and student engagement.

Second, realizing that they cannot financially do it alone, local school boards are reaching out to community resource providers to cultivate collaborative partnerships with other agencies, as well as with private sector companies, to provide specialized student services (e.g., mentoring, employment internships, personal health counseling, after school programs and activities). In fact, some local school boards already contract with private companies (public/private partnerships) to provide special alternative schools and programs (including mental health support, social/emotional skills, ethical decision-making, building relationships, conflict resolution, as well as general academic skills)—especially for students with behavioral problems who are at risk of school suspension, or expulsion.

Third, debates involving parental choice, charter schools, vouchers and scholarships are once again heating up as advocates make demands for action—especially for students currently enrolled in underachieving public schools.

Judicial Review: Seeking a Balance
Over the years the United States Supreme Court created several standards of judicial review applicable to situations where public school/religion issues are involved. In my view the evolving nature of the long line of decisions established a critical, albeit tenuous, balance between governmental neutrality (Establishment Clause) and an emerging theory of accommodation (Free Exercise Clause). Because of the limited space of this commentary, a representative sampling of leading cases follows.

In 1971, the Supreme Court fashioned the seminal standard of judicial review for courts below to apply when faced with future public education/religion issues. The case before the court. Lemon v. Kurtzman (1971), and its companion case Early v. DiCenso (1971), involved a state statute which authorized the State Secretary of Education to purchase (public funds) specified secular services (e.g.., teacher’s salaries) from nonpublic schools. In holding the law unconstitutional the Court fashioned the following three-pronged standard:
  1. Does the statute have a secular legislative purpose?
  2. Does the primary effect of the act either advance or inhibit religion?  
  3. Does the act excessively entangle government and religion? It is this standard that has been consistently applied over the past four decades.
More than a decade later, in a later non-school case, Lynch v. Donnelly (1984), the Supreme Court held that government had over stepped the reasonable bounds of neutrality by giving the impression of government “endorsement.” In essence the Court was asking: What would a reasonable and neutral observer think (perception) when viewing the display? When does an activity appear to be government sponsored or sanctioned? In my opinion the second prong (primary effect) and third prong (entanglement) of the Lemon standard, plus the endorsement test of Lynch, became major outcome determiners in subsequent cases.

In other leading decisions the Supreme Court added “historical context,” potential “peer pressure” and possible “coercion” as elements of analysis to consider in deciding school/religion cases. See, e.g., Marsh v. Chambers (1983), Board of Education v. Mergens (1990), and Lee v. Weisman (1992).

Smith, et al. v. Jefferson County Board of School Commissioners (6th cir. 2015)
Recently, I came across a decision handed down by the United States Court of Appeals for the Sixth Circuit. The situation involves a challenge to a contractual arrangement between a local board of education, which had abolished its alternative school (because of budgetary problems), and a local private Christian school where the public school alternative education students were taught (secular instruction). The court’s decision’s seventeen pages reads like a restatement of religion/education jurisprudence - a treasure trove of important information.
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Read the rest of the newsletter on our website
General Assembly Update - February 27th

Excerpted from the February 27th General Assemby K-12 Education Update, written by David Blount.  Read the full update on our website.

State Budget Issues

Both the House and Senate approved dozens of changes, which are highlighted below, to the budget plan that Governor McAuliffe introduced in December. In the Senate, the plan was approved unanimously, while the House passed the plan on a 99 to 1 vote.

Recall that although direct aid to public education was exempted from budget cuts last October, technical updates and the use of non-general fund revenues in the introduced budget decreased state funding for K-12 by more than $270 from the FY16 levels. The approved budget adds back more than $15 million above the levels in the introduced budget.

Major provisions of the approved budget conference report include the following:

  • The spending plan redirects funding included in the introduced budget for a 1.5% bonus to provide just under $32 million for the state's share of a 2% compensation supplement for Standards of Quality (SOQ) instructional and support positions, calculated based on an effective date of February 15, 2018. School divisions will have the flexibility to qualify for the funds if they certify that they have provided or will provide an increase of at least 2% at some point during the 2016-18 biennium.
  • State dollars for lottery per pupil allocations are increased by $34.1 million to $191.3 million in FY18, which amounts to an increase from $225.25 to $274.12 per student. As a result, 35% of all lottery proceeds now are funneled back to school divisions without any required local match or restrictions on uses of those funds (the budget removes a current restriction that equal amounts be spent for recurring and nonrecurring expenses).
  • Nearly $7.3 million in FY17 is provided for a Small School Division Enrollment Loss Fund to provide additional dollars for 42 smaller school divisions (fewer than 10,000 students) that have realized a five percent or more decline in student enrollment over the past five years. A minimum dollar amount of $75,000 for eligible school divisions is provided.
  • The approved budget uses an additional $8 million in FY17 from the Literary Fund to pay state costs for teacher retirement, upping the total amount for the year to just under $200 million.
  • The budget establishes a revenue cash reserve in FY18, estimated at $35 million, from additional tax amnesty collections above the amounts assumed in the introduced budget. A second amendment establishes a revenue reserve fund from any excess revenues generated above the official FY17 revenue forecast.

Following are highlights of additional provisions related to public education that are contained in the budget conference report:

  • The budget adds $50,000 to existing FY18 funding for Project Discovery to provide $662,500 in support of this program that encourages students to finish high school. Meanwhile, the plan reduces funding in FY18 from $2.8 million to $1.4 million for Project Graduation, which assists school divisions with instructional support for students who received a passing grade for a standard credit-bearing course but failed the required Standards of Learning (SOL) assessment needed to earn verified credit for the course required for graduation.
  • The compromise budget reduces a planned increase for teacher residency partnerships in several urban school divisions, providing a $500,000 increase instead of the $1 million bump in new funding that was proposed.
  • The budget cuts just over $200,000 of the $1.2 million budgeted over the biennium for “traineeships” for persons interested in working in the special education arena. New language would also allow for program operating grants for higher education institutions preparing special educators.
  • The budget eliminates summer cyber camp funding of $480,000 in FY18.

The following provisions are included in the Department of Education (DOE) portion of the budget:

  • $50,000 is included for a one-time file review of teachers who have been convicted of child abuse to make certain that the teacher's license has been revoked.
  • $380,000 is earmarked for start-up costs for developing necessary policies, processes and procedures for administering the Parental Choice Education Accounts program (see HB 1605 below), should it be enacted. Otherwise, these funds will be allotted to the student growth model pilot for providing personalized instructional and academic planning for students and to facilitate data-driven school improvement efforts.
  • $150,000 each year is shifted from principal training to assistance for teacher professional development on the subject of issues related to high-needs students.

Budget language amendments in the education arena include the following:

  • Budget language directs the General Assembly’s money committee staff to facilitate a workgroup to examine options and determine actions necessary to better manage the quality and costs of private day educational programs currently funded through the Children's Services Act.
  • Language directs the DOE, along with the community college and higher education systems, to recommend various alignments and improvements to high school dual enrollment financing.
  • Budget language expands tuition eligibility such that graduating high school students can apply for and receive an annual tuition scholarship of up to $10,000 for pursing a teaching license for certain critical teacher shortage disciplines or for career and technical education.
  • Language is removed that penalizes successful transition to an extended school year schedule during the start-up period. Initial grant awards may be up to $300,000 per school for up to two years after the initial implementation period, or $400,000 in the case of schools that have a “denied accreditation” status.
  • Finally, budget language establishes a system to monitor potential fiscal distress among local governments and provides a mechanism for potential state and private sector assistance, including funding resources, to be coordinated by the legislative and executive branches and managed by the governor’s office. Additional language establishes an 11-member Joint Subcommittee on Fiscal Stress to review (i) savings opportunities from increased regional cooperation and consolidation of services, along with potential financial incentives and reforms to encourage increased cooperation; (ii) local responsibilities for service delivery of state-mandated or high-priority programs; (iii) causes of fiscal stress among local governments; and (iv) the differing taxing authorities of cities and counties.

Additional information on the adopted budget will be forthcoming via a Superintendent’s Memo posted here.

Education Legislation
The General Assembly went down to the wire in its consideration of a foursome of bills limiting suspensions of school students, and in the end, all the bills failed to pass. After being passed by on the Senate floor for several days, HB 1534 finally was sent back to Committee and not reconsidered. The bill would have limited suspensions to 60 days, with provisions to extend longer in cases involving criminal activity. HB 1536 was assigned to a conference committee to resolve differences, but the group of six legislators was unable to reach an agreement and the bill died. It would have prohibited preK-3 students from being long-term suspended or expelled unless their conduct involved weapons, drugs, inappropriate sexual behavior, or serious bodily injury. The Senate versions of the bills, SB 995 and SB 997, were defeated in the House on bipartisan votes earlier last week, with those opposing the bills saying that such decisions should be left to local school boards, rather than being dictated by lawmakers in Richmond. Some form of these bills likely will be introduced at the General Assembly again next year.

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Read the full update on our website.