Sen. Jennifer L McClellan

Transit Ridership Incentive Program. Directs the Commonwealth Transportation Board to use at least 25 percent of the funds available for the Transit Ridership Incentive Program for grants to fund reduced-fare or zero-fare transit projects. Under current law, the amount that may be used for such programs is capped at 25 percent. This change expires on July 1, 2024. The bill provides that funds awarded for reduced-fare or zero-fare transit projects shall not be included in the requirement that funds be awarded in accordance with a statewide equitable ratio.

Delinquent tax lands; disposition. Authorizes localities to petition the circuit court to appoint a special commissioner to, in lieu of a sale at public auction, convey certain real estate having delinquent taxes or liens to the locality's land bank entity or an existing nonprofit entity designated by the locality to carry out the functions of a land bank entity. Currently, such real estate may be conveyed only to the locality itself. The bill also allows real estate that contains a derelict building and has delinquent taxes and liens exceeding 10 percent of its assessed value to be conveyed via special commissioner, in lieu of a sale at public auction, to the locality, the locality's land bank entity, or such existing nonprofit entity. The bill requires a land bank entity or existing nonprofit entity that receives such parcels to pay any surplusage above the amount of unpaid taxes or liens to the former owners or other parties with an interest in the property.

Institutions of higher education; hazing; policies. Establishes mandates at nonprofit private institutions of higher education and public institutions of higher education relating to hazing and defines different types of organizations at such institutions to which the mandates apply. The bill requires student organizations officially recognized by an institution of higher education structured in such a way that upon invitation for membership, individuals do not automatically become members of such organization and have a period of time between invitation for membership and being initiated into membership, to have an advisor present at all official events where new members and members of the student organization hosting the event are invited or are instructed to attend, except that such advisors may be asked to leave the room during ceremonies, rituals, or other such events that are only permitted to be attended by the new members and members. Such advisors shall provide extensive, current, and in-person education and information on hazing to all members and new members of such organizations. The bill requires the governing board of each institution to include as part of its policy, code, rules, or set of standards governing sexual violence a provision for immunity from disciplinary action based on hazing or personal consumption of drugs or alcohol where such disclosure is made in conjunction with a good faith report of an act of hazing in advance of or during an incident of hazing that causes injury to a person. Beginning with the 2022–2023 academic year, the bill requires each institution to maintain and publicly report actual findings of violations of the institution's code of conduct or of federal or state laws pertaining to hazing that are reported to campus authorities or local law enforcement. This bill shall be known as Adam's Law.

Applications for teacher licensure by reciprocity; military spouses; timeline for determination. Requires the Board of Education's licensure regulations to provide for licensure by reciprocity for any spouse of an active duty or reserve member of the Armed Forces of the United States or a member of the Virginia National Guard who has obtained a valid out-of-state license, with full credentials and without deficiencies, that is in force at the time the application for a Virginia license is received by the Department of Education. Current law requires such regulations to provide for licensure by reciprocity for any spouse of an active duty member of the Armed Forces of the United States or the Commonwealth. The bill requires such an individual to submit an official copy of the military permanent assignment orders of the individual's spouse as part of the complete application packet. The bill requires the Department to determine and communicate such individual's eligibility for licensure by reciprocity within 15 business days of receipt of the complete application packet. This bill is identical to HB 230.

Virginia Literacy Act; early student literacy; evidence-based literacy instruction; science-based reading research. Makes several changes relating to early student literacy, including requiring (i) each education preparation program offered by a public institution of higher education or private institution of higher education or alternative certification program that provides training for any individual seeking initial licensure with an endorsement in a certain area, including as a reading specialist, to demonstrate mastery of science-based reading research and evidence-based literacy instruction, as such terms are defined in the bill; (ii) the literacy assessment required of individuals seeking initial teacher licensure with endorsements in certain areas to include a rigorous test of science-based reading research and evidence-based literacy instruction; (iii) each school board to establish a divisionwide literacy plan; and (iv) each local school board to provide a program of literacy instruction whereby, among other things, (a) the program provides reading intervention services to students in kindergarten through grade three who demonstrate deficiencies based on their individual performance on the Standards of Learning reading assessment or an early literacy screener provided or approved by the Department of Education; (b) a reading specialist, in collaboration with the teacher of any student who receives such reading intervention services, develops, oversees implementation of, and monitors student progress on a student reading plan; and (c) each student who receives such reading intervention services is assessed utilizing either the early literacy screener provided or approved by the Department or the grade-level reading Standards of Learning assessment again at the end of that school year. The provisions of the bill become effective beginning with the 2024–2025 school year, except that the requirement that each local school board employ one reading specialist for each 550 students in kindergarten through grade three and requirements related to such reading specialist shall become effective beginning with the 2022–2023 school year.

Historical African American cemeteries. Changes the date of establishment that qualifies historical African American cemeteries for appropriated funds to care for such cemeteries from prior to January 1, 1900, to prior to January 1, 1948, and provides that the total number of graves in a qualifying cemetery shall be the number of markers of African Americans who were interred in such cemetery prior to January 1, 1948. Under current law, the total number of graves is the number of markers of African Americans who lived at any time between January 1, 1800, and January 1, 1900. This bill is identical to SB 477.

Department of Education; school division maintenance reserve tool. Requires the Department of Education, in consultation with the Department of General Services, to develop or adopt and maintain a data collection tool to assist each school board to determine the relative age of each public school building in the local school division and the amount of maintenance reserve funds that are necessary to restore each such building. The bill requires each school board to provide to the Department of Education in a timely fashion the local data that is necessary to ensure that such tool remains relevant and useful for the determination of maintenance reserve needs. The bill requires the Department of Education to consider converting or using as a template the Department of General Services' Real Estate and Assets Management system for tracking buildings and infrastructure maintenance status to meet the above requirement to maintain such a tool. This bill is a recommendation of the Commission on School Construction and Modernization.

Delinquency Prevention and Youth Development Act; youth services citizen boards; duties; guidelines. Directs the Board of Juvenile Justice to establish and make available to localities a list of best practice program models that are likely to qualify for grants under the Delinquency Prevention and Youth Development Act. The bill requires youth services citizen boards to include representatives of law enforcement and the faith and business communities and allows local governing bodies to appoint as members of the youth services citizen board members of the community policy and management team or a similar entity, subject to certain requirements set forth in the bill. The bill allows youth services citizen boards to establish youth advisory teams for the purposes of consultation and advice regarding youth services programs. The bill removes the requirement that local youth services programs maintain and disseminate an annual inventory of youth-related and parenting-related services and programs available in the locality.

Historical African American cemeteries; disbursement of funds; qualified organization. Expands the definition of a qualified organization that may receive funds for maintenance of a historical African American cemetery to include any locality whose purpose for applying for funding from the Department of Historic Resources is to maintain a neglected historical African American cemetery, or a portion thereof, that is located within its jurisdictional bounds. The bill also creates an exemption by allowing localities that are eligible for funding for the maintenance and care of historical African American cemeteries to apply to the Director of the Department for a grant to perform extraordinary maintenance, renovation, repair, or reconstruction on any such cemeteries and graves without first having received initial funding for the maintenance and care of those cemeteries and graves. Current law requires a qualified organization to apply for any such grant only after it has received initial funding for the maintenance and care of a historical African American cemetery. This bill incorporates SB 76 and is identical to HB 727.

Emergency custody and temporary detention; transportation; transfer of custody. Provides that, in cases in which transportation of a person subject to an emergency custody order is ordered to be provided by an alternative transportation provider, the primary law-enforcement agency that executes the order may transfer custody of the person to the alternative transportation provider immediately upon execution of the order, and the alternative transportation provider shall maintain custody of the person from the time custody is transferred to the alternative transportation provider by the primary law-enforcement agency until such time as an evaluation is conducted and custody is transferred pursuant to a temporary detention order or the person is released upon determination the person does not meet the criteria for temporary detention or custody of the person is transferred to the community services board or its designee that is responsible for conducting the evaluation. The bill also provides that in cases in which transportation of a person subject to a temporary detention order is ordered to be provided by an alternative transportation provider, the primary law-enforcement agency that executes the order may transfer custody of the person to the alternative transportation provider immediately upon execution of the order, and that the alternative transportation provider shall maintain custody of the person from the time custody is transferred to the alternative transportation provider by the primary law-enforcement agency until such time as custody of the person is transferred to the temporary detention facility. The bill also adds employees of and persons providing services pursuant to a contract with the Department of Behavioral Health and Developmental Services to the list of individuals who may serve as alternative transportation providers.