The General Assembly Adds New Requirements for Teachers that Virginia Schools Do Not Have and Cannot Hire

by James C. Sherlock

A tip of the hat to Dick Hall-Sizemore for pointing out the following bills.

I have written often on how Virginia is constantly loading up teachers and schools with additional reports and requirements.

This General Assembly is trying to add new requirements for teachers that we do not have and have proven unable to hire.

The bills listed below were passed almost unanimously in both houses of the General Assembly and are awaiting the Governor’s signature.

I recommend the Governor veto all of them.

HB 197 Through-year growth assessment system; BOE to seek & incorporate input & suggestions into system

What problem is the “through-year assessment system” supposed to solve? Based on years of experience of false reporting of shortfalls, a through-year assessment system won’t be worth the paper it will be printed on. Who exactly is going to read these and does that person have authority to act?

HB 319/SB616 Virginia Literacy Act; early student literacy, evidence-based literacy instruction, etc.

Are the authors of this bill totally blind to the accelerating teacher shortages and ever smaller pipeline to replace increasing retirements?

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 local school board to establish a division-wide literacy plan;

(iv) each local school board to employ one reading specialist for each 550 students in kindergarten through grade three; and

(v) 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.”

This bill means well, but do the authors expect these changes to be implemented? By whom?

Remember that the underreporting of vacancies was proven to be widespread. Richmond Public Schools reported that it had no positions for reading specialists, and therefore no vacancies. And VDOE accepted that.

Perhaps the authors of the bill can tell us how the new requirements for reading specialists will be filled in these locations. The only advertised openings I checked on April 6 were for Richmond.

Remembering that the shortages are much higher than reported, the GA needs to address those shortages before layering on more requirements for specialists that schools currently do not have and cannot hire.

Graduate certificates for reading specialists in Virginia are currently offered at UVA, Longwood and Liberty. Fund all the state schools of education to offer the certificates.

Then pay the bills with state funds for teachers who want those certificates and give time off to accomplish the work.  That will exacerbate the classroom teacher shortages, but rob Peter if they must.

Then write this bill.

HB 741 Annual public elementary and secondary school safety audits; creation or review of school building. Requires schools, in preparing their annual safety audits, to include detailed and accurate floor plans for each building.

Who, exactly, in Richmond is going to actually use the floor plans of 2,140 schools, many with multiple buildings? And for what?

To date, the Virginia Department of Criminal Justice Services (DCJS) Virginia Center for School and Campus Safety (VCSCS) has developed five components for the School Safety Audit Program:

  1. Virginia School Safety Survey (annually)
  2. School Division Level Survey (annually)
  3. Virginia School Crisis Management Plan Review and Certification (annually)
  4. Virginia School Survey of Climate and Working Conditions (administered January–March in collaboration with VDOE;
  5. The School Safety Inspection Checklist for Virginia Public Schools (due in 2023, every three years thereafter)

For the last annual report, see here.  It is the very definition of bureaucratic reporting overreach.

I have read that report.  It is clear that few if any members of the General Assembly have.

The major school security needs cited in that report:

Divisions most frequently cited the need for more security cameras as the primary issue of facility safety (61%), followed by the need for a controlled front access system (33%), lack of fencing (32%), and insufficient radio communications (31%).

Now there is information actionable by the General Assembly.  We note that this bill is silent on the security needs of the schools.

From that report:

Electronic/Internet-Based Access to Current Floor Plans
Q. Did first responders (police/fire/EMS) have electronic/internet-based access to current floor plans for all schools in your division in case they needed to respond to a large-scale security incident at the facility?

  • 1,637 (83%) Yes (up from 66% in 2018–2019)
  • 336 (17%) No

Most (72%, 95) divisions reported that first responders had electronic access to floor plans, 23% (30 divisions) reported they did not and 5% (7 divisions) did not know. This is similar to the schools’ reporting.

That is the right question – do first responders have access?

There is no indication anywhere in the 94-page report of the phantom need in the bill to send all school floor plans to Richmond:

As part of each such audit, the school board shall create a detailed and accurate floor plan for each public school building in the local school division or shall certify that the existing floor plan for each such school is sufficiently detailed and accurate.

The division superintendent shall collate and submit all such school safety audits, in the prescribed format and manner of submission, to the Virginia Center for School and Campus Safety and shall make available upon request to the chief law-enforcement officer of the locality the results of such audits.

Who says cloud storage is a good thing when it enables such requirements?  What unfilled need will sending floor plans to Richmond every year meet?

If they are needed at the Virginia Center for School and Campus Safety, how about sending an update to Richmond every time a floor plan is changed rather than sending all of them annually?

HB 1108 Public schools; instruction concerning gambling, report.

Requires instruction concerning gambling and the addictive potential thereof to be provided by the public schools as prescribed by the Board of Education.;

So, we legalize gambling, and then try to clean up the negative effects in the public schools as a virtue signal.

SB 724 School board; broadband, annual report.

Requires, beginning in the 2022 school year and in each school year thereafter through the 2025 school year, each school board to submit an annual report to the Virginia Department of Education and the Virginia Department of Housing and Community Development listing each student’s 9-1-1 address that does not have broadband access.

Dear God.

Bottom line. If we ever needed an illustration of how irresponsible the General Assembly is in researching some of its bills and how disengaged are the teachers lobbies, all of these bills were passed almost unanimously in both houses.

Never a good sign.

Veto them, Governor.

Updated Apr 10 at 7 AM.


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Comments

24 responses to “The General Assembly Adds New Requirements for Teachers that Virginia Schools Do Not Have and Cannot Hire”

  1. James Wyatt Whitehead Avatar
    James Wyatt Whitehead

    At best the bills will get a wink and nod. This will suffice for due attention.

  2. Timothy Watson Avatar
    Timothy Watson

    “Who, exactly, is going to actually use 2,140 detailed floor plans? And for what?”

    The law enforcement agency responding to a tactical (e.g., school-shooting, SWAT) situation at the school? This was a critical screw-up when the police responded to Columbine High School shooting and ended up going to the wrong entrance because they weren’t aware that the school had been recently renovated and the cafeteria had been moved. The police ended up clearing the wrong side of the school for 30 minutes before they ended up finding the wounded and killed students.

    1. James C. Sherlock Avatar
      James C. Sherlock

      You and I expect the local fire and law enforcement agencies already have the plans. That is what they do.

      The division superintendent shall collate and submit all such school safety audits, in the prescribed format and manner of submission, to the Virginia Center for School and Campus Safety and shall make available upon request to the chief law-enforcement officer of the locality the results of such audits.

      Why does the Virginia Department of Criminal Justice Services need them? And do you really think they will be used?

      1. Nancy Naive Avatar
        Nancy Naive

        Expansion planning?

      2. Timothy Watson Avatar
        Timothy Watson

        I have zero expectation that the local fire and law-enforcement agencies have gone around to every school and created site and floor plans for every building. I also have zero expectation that the local police department of sheriff’s office is going to know about every school renovation project.

        According to the 2020 School Safety Audit Assessment from DCJS, 17% of school districts reported that first responders did NOT have electronic copies of floor plans available to them.

        DCJS needs them to actually verify that the local school board has completed them?

        1. James C. Sherlock Avatar
          James C. Sherlock

          I know, I posted the 2020 report for your review. Do you think there is going to be 100% compliance with the new law? Not a chance in hell. There is no penalty for ignoring it. Look at how well Richmond responded to the required school personnel vacancy report.

          And yours is quite a different proposition than the bill that required all the plans be sent to Richmond in addition to the local police.

    2. sherlockj Avatar
      sherlockj

      Your question caused me to revise the article to provide extensive information on this bill in the text. Thanks for pointing out the need.

  3. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    The last one is the one that I love. First of all, how is the school supposed to know which students do not have broad band access? If access is defined in terms of whether broadband is available, that is fairly simple. But, what about those students whose families cannot afford broadband? They don’t have access. Lastly, and most appropriate to this discussion, what is DOE and DHCD supposed to do with this information?

    1. Nancy Naive Avatar
      Nancy Naive

      Send the students an email with a “read receipt”.

      For example:
      In Gmail, compose your message.
      At the bottom of the Compose window, click More. Request read receipt. If you don’t see this setting, it means you either don’t have a work or school account. …
      Click Send. You’ll get a notification email when your message is opened.

      If you don’t receive a receipt…

      1. Lefty665 Avatar

        Worked for me a few years ago when I was in a disagreement with a county department head who was denying receiving my emails. When I showed the judge the read notification that included time received, time opened and time viewed the county asked for a recess. When they came back the department head changed his testimony and withdrew his sworn lies. The judge found for me.

        Upshot is that read receipts can be remarkably effective.

        1. Nancy Naive Avatar
          Nancy Naive

          I was joking, the result of one received at work that said,
          “If you do not recieve this…,” but yes, they are effective. But, you can and should set your email handler to catch them before sending them so you can stop the receipt from being sent.

          1. Lefty665 Avatar

            Yup, Dept head who fancied himself a tech maven learned that lesson the hard way.

            Respond if you don’t get this… ok:)

          2. Nancy Naive Avatar
            Nancy Naive

            Uh… okay. Wait. No. Uh…

  4. Lefty665 Avatar

    I strongly disagree. Sign HB319 on literacy even though it may have warts and barriers to implementation, I don’t have enough information to have an opinion on the shortcomings.

    Failure to teach all kids to read is the most fundamental issue facing our schools and society. Until we change that our educational system and our society are not going to get better. This bill shows that the GA is aware of that and is attempting to address it.

    This bill may come under the heading of do something even if it is wrong, but do something! It is at least pointed at the right issue.

    1. James C. Sherlock Avatar
      James C. Sherlock

      I agree with the need and said that the law was well intended. That does not forgive thee authors either being ignorant of or ignoring the workforce shortages.

      “Do something” in this case would be investing state funding to ensure that all schools have the currently required numbers of reading specialists and that the pipeline for more is opened.

      The GA needs to do that before layering on more requirements for those specialists that they currently do not have and cannot hire.

      Graduate certificates for reading specialists in Virginia are currently offered at UVA, Longwood and Liberty. Fund all the state schools of education to offer the certificates.

      Then pay the bills with state funds for those who want those certificates and give time off to accomplish the work.

      Then write this bill.

      The legislation as written is fundamentally a feel good exercise until the real world workforce issues are solved.

      1. Lefty665 Avatar

        Makes sense. Can they now fix it by applying money to create the needed workforce? Spending money is something the GA excels at.

  5. Matt Hurt Avatar
    Matt Hurt

    There is certainly room for improvement in our educational system, specifically concerning the disparate outcomes we produce with regards to race, socioeconomic status, and zip code. However, Virginia does fairly well overall compared to other states in the union, usually ranking in the top ten in many metrics. When an organization has issues like this (high overall performance, but specific areas in need of improvement) it is not wise to make broad significant changes. It’s usually best not to throw the baby out with the bath water, but that’s exactly what we’re doing now.

    We need tweaks to the system applied with precision. Unfortunately, the further away from the classroom the mandates originate, the less precision can be applied. For example, the tweaks necessary should be carried out with a surgical scalpel, but the only tool available to the Governor’s office or the general assembly is a 14 pound sledge hammer.

    Jim is exactly right in his premise. The teacher pipeline has been trying up for years before the pandemic, and teachers (new and veteran) are leaving the field in droves. It’s all well and good to sit around and complain about teachers, but keep it up and they’ll solve that problem for us- there won’t be any such creatures left to complain about.

    Right now, the general assembly are arguing over whether to provide our teachers with a 4% or 5% raise. The annual inflation rate is over 8% now, so either option would result in a de facto pay cut in real terms. Virginia ranks approximately 8th in the nation in median household income, yet 33rd in teacher salary. This problem not only affects teachers, but other public sector employees as well.

    So, if we don’t want any teachers left in the classroom, please let us continue to pile on additional mandates and make their pay less lucrative. That’ll show them!

    1. Lefty665 Avatar

      Wrong, wrong and more wrong. If by doing “fairly well compared to other states” you mean not teaching kids to read more than average that’s not a goal I would aspire to.

      “There is certainly room for improvement in our educational system, specifically concerning the disparate outcomes we produce with regards to race, socioeconomic status, and zip code.”

      That is right out of the now defunct VaDoE “equity” goals. VaDoE included “ability” as a criteria that it wanted to reduce predictability of outcomes based upon. You forgot that one.

      Woke racism is both profoundly demeaning to black people and actively prevents us from addressing the real issue at the core of our problems.

      That issue is that we do not teach all kids to read. Kids who cannot read have painfully few prospects for leading honest decent lives regardless of race, zip code or any other criteria. We have now demonstrated that for several generations.

      Kids who come from predominately poor homes, often chaotic, often single parent headed by young poorly educated women, are way behind the 8 ball when they get to school. Unlike kids from less impaired homes, these kids too often cannot read when they get to school and too often do not know the alphabet, the prerequisite to reading. Too often they not only never catch up, they fall further and further behind every year. That is a guaranteed recipe for failure regardless of race or zip code.

      “We need tweaks to the system applied with precision.” No! What we need is to recognize the issue and to apply a blunt instrument that starts pre-school and teaches all kids to read.

      “So, if we don’t want any teachers left in the classroom, please let us continue to pile on additional mandates” and if we want continued chaos and dysfunction in our society with a growing cohort of illiterate people who are unable to function productively just keep tweaking and fail to mandate and fund teaching every kid to read.

      Teachers have been sorely underpaid for years, and standards to filter out the poor performers among them have been lacking. With high inflation this year, and probably for the next several years, real incomes will continuously go down for us all. Welcome to the club teachers, and perhaps consider joining in working to change the profligate fiscal policies that got us here.

      1. Matt Hurt Avatar
        Matt Hurt

        According to the 2019 NAEP results (latest results available), Virginia ranked 8th in the nation on 4th grade reading proficiency (the earliest grade assessed). Given the fact that we rank so highly, I would not recommend drastic changes in what we’re doing. In fact, I do have some concerns over the Virginia Literacy Act the General Assembly just passed. That is an example of Virginia following the lead of Mississippi in reading, the state that ranked 40th on this same test in 2019.

        Currently, the highest performing region in Virginia in reading is far southwest Virginia, Region VII. They are the least well funded on a per pupil basis, have the highest poverty rate in the state, and the highest rate of students with disabilities. If they can outdo everyone else in the state given the challenges they face, then other parts of the state can certainly improve.

        How would you suggest we bring more people into the teaching profession?

        1. Lefty665 Avatar

          There is something profoundly wrong with the statistics you quote. Ranking southwest Virginia educationally over Northern Virginia is clear evidence. Norton will not outperform Fairfax unless it is in meth usage per capita and poverty.

          Rural Virginia in general and poor urban areas like Richmond, Petersburg, Norfolk and Portsmouth absolutely do not perform as you have asserted. That is a lot of kids, and a lot of kids we are not teaching to read.

          Better pay is certainly one way to attract personnel. Reforming our schools of education is another.

          How do you suggest we get over the tragedy of woke racism in our educational systems that causes aberrations like Charlottesville declaring 86% of its students as “gifted” to achieve racial “equity”?

          1. Matt Hurt Avatar
            Matt Hurt

            Please feel free to fact check me. Southwest is the highest performing in Math, Reading, and overall.

            https://p1pe.doe.virginia.gov/apex/f?p=152:1:::::p_session_id,p_application_name:-80446405711429924,testresults

            The problem with “wokeness” is that it tends to reinforce the incorrect belief that some kids can’t achieve. It’s up to the adult educators to make sure that students succeed. The former administration in Richmond consistently reduced expectations both of students and of educators, and that’s where they failed.

            It’s all about high expectations, and that’s one of the secrets to Region VII’s successes.

          2. Lefty665 Avatar

            I will look at the regional state statistics.

            I have checked your initial presentation of Virginia performing well. It turns out that is a case of much of the rest of the nation performing badly and Virginia performing marginally less badly despite having some of the lowest standards in the nation. Go figure.

            Specifically in the 2019 testing in 4th grade reading 69% of Virginia students performed at basic level or above and 38% scored at or above proficient. By grade 8 basic levels were materially unchanged but proficiency levels had dropped to 33%. Grade 12 levels were unavailable.

            https://www.nationsreportcard.gov/profiles/stateprofile/overview/VA?cti=PgTab_OT&chort=1&sub=MAT&sj=VA&fs=Grade&st=MN&year=2019R3&sg=Gender%3A+Male+vs.+Female&sgv=Difference&ts=Single+Year&tss=2019R3&sfj=NP

            Were I a 4th grade teacher I would be mortified that 3 out of every 10 of my students did not have basic reading skills and that fewer than 4 out of 10 were proficient. Were I an 8th grade teacher and just 1 in 3 students were proficient readers I would be humiliated and ask my teaching college for my tuition back because it had failed to prepare me to teach kids to read proficiently.

            We are not teaching 3 out of every 10 Virginia students to read at basic grade level.

            That the percentages are just about the same at 4th and 8th grade levels show that kids who learn to read at basic grade level continue to learn to read at basic grade level. However, by 8th grade fewer kids have learned to read proficiently at grade level.

            The kids who cannot read at grade level by the 4th grade still cannot read at grade level by the 8th grade. Many of those kids are not learning to read at all. That is a profound failure and a measure that we are perpetuating an illiterate underclass that will never achieve decent lives or acquire the skills to earn an honest living.

            That is a crisis for the kids and for our society. It is not some frill that needs just a little “tweaking”. It needs a “mandate”, teach all kids to read, start early in pre-K and K and provide more reading resources.

            Virginia is getting a start on that which is better than nothing. Nothing is what we have had for the last several woke years of whining about “equity” and systemic racism.

          3. Matt Hurt Avatar
            Matt Hurt

            Are you aware that Virginia’s expectation for proficiency on our state accountability tests (SOL tests) were among the lowest in the nation prior to the Board of Education lowering them again (math in 2019 and reading in 2021)? Expect little, get little. The Virginia Literacy Act is doing something, but there will be a lot of negative unintended consequences that go with it. If you haven’t read it, I would encourage you to do so. It places a lot of additional mandates on Virginia educators, and did not eliminate any of the prior requirements that have been heaped upon them over the years. There are several provisions in here that have the likelihood of doing nothing more than driving folks from the field at a greater rate than they’re leaving already.
            https://lis.virginia.gov/cgi-bin/legp604.exe?221+sum+HB319

            One of the big problems that we have in education in this state is that we have too many priorities. An organization can do one or two things well, and a bunch of things crappily. If the powers that be could rank order all of those priorities, and then focus on them one or two at a time, we could move forward.

            The other thing is that there is a lot of good that is going on in education, but there’s no concerted effort to identify those being successful and sharing those strategies around. One of the best means by which to cause improvement is to steal the strategies of those who are getting it done.

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