Education Dominates Week 3 at the General Assembly

Sunday, January 30, 2022

Dear Friend,

Recent policy announcements from our new Governor are further challenging rather than supporting already stressed public school systems in Virginia. These new policies are dividing communities over issues that should be guided by science, best practices, and our collective responsibilities to each other. Moreover, Senate committees were consumed this past week in doing their due diligence by publicly interviewing cabinet nominees put forward by Governor Youngkin. This is part of the consent process necessary to confirm Governor Youngkin's cabinet choices. 

Agriculture, Conservation and Natural Resources Queries Andrew Wheeler - This is the subject area committee with oversight over environmental policy. I serve on this committee and was well-prepared to pepper Andrew Wheeler, Governor Youngkin’s nominee to be Secretary of the Department of Natural and Historic Resources. Mr. Wheeler was the EPA Administrator under President Trump and amassed a horrible record on the environment during his tenure there.

Many of you sent me resource documents on Mr. Wheeler’s time at EPA and the environmental community gave me several briefings. I am completely convinced that Mr. Wheeler is the wrong person for the job. We need someone who is committed to ensuring that Virginia cleans up its rivers, meets a zero carbon emissions goal by 2050, and guides the state to a clean, green economy. Based on Mr. Wheeler’s record, he is not the person to do that. I continue to talk to my colleagues about Mr. Wheeler and believe that the Senate Democrats are not likely to endorse his nomination.

Public Higher Education & Vaccine Mandates - The latest opinion by Attorney General Miyares that states public universities do not have the authority to require vaccines is in direct conflict with recent court rulings and former Attorney General Mark Herring’s opinion on the matter. Mr. Miyares claims that the General Assembly did not explicitly give universities the authority to make such decisions.

As we all know, universities support many activities not just traditional classroom experiences. Virginia Commonwealth University (VCU) raised a particularly interesting point when they noted that their students and staff serve the broader community through VCU operated hospitals and clinics. Does that mean VCU cannot require personnel working in these settings to abide by best practice recommendations, such as getting vaccinated, especially when those best practices would offer patients the healthy environment they would expect in a health care setting? Leaders of institutions that serve the public and have an obligation to set an example of collective responsibility frequently tell me that they want to base their decisions on science. But when individuals in authority make policies that are driven by political philosophies, trust in the institutions and cornerstones of our communities erodes. 

Tip Line to Report on Teachers - Governor Youngkin announced early this week that a tip line was now available for students and parents to report on teachers who were teaching critical race theory or other matters deemed inappropriate! Critical race theory is not taught in Virginia’s public schools, it is a graduate level program that examines structural racism, among other topics. The idea that teachers should be subjected to criticism in a “vigilante” way is incredibly disrespectful and hurtful. When I commented on this topic on Twitter, several respondents encouraged their followers to flood the tip line with positive stories about teachers.

Charter School Announcement - Governor Youngkin just announced that he wants to approve 20 charter schools immediately. It is unclear what that means since the current pubic charter school law grants local school boards the authority to approve charter schools, not a state agency. It is critical that the authority stay with local school boards so they can require that the teachers be endorsed, that academic achievement goals be met, and open enrollment policies be applied. Localities with public charter schools are contributing the required local match (as prescribed in the composite index) to support those schools, so unfunded mandates from the state would be unwelcome.

Barrier Crimes Bill Moves Forward - The Rehabilitation and Social Services Committee, a committee that I chair, passed a bill to allow public agencies to waive the barrier crimes law, under certain circumstances, when life experiences would be a helpful asset in performing job-related duties. The most commonly referenced employment opportunity that agencies want to hire ex-offenders for is peer counseling. The bill allows agencies to consider every ex-offender regardless of his or her crime, subject to agency regulations and certain background checks. This legislative proposal was carried by Senator John Edwards, Chair of the powerful Senate Judiciary Committee. With my assistance, the bill was passed out of Rehabilitation and Social Services on a party-line vote (8-7) and was then referred to Senate Finance and Appropriations, at the request of the money committee, because of funding implications. 

Campaign Finance Reform - Much to my delight, my bill to require third parties who do not coordinate with a candidate, a candidate’s committee, or a referendum committee to disclose their top three donors in any advertisement (print, television, or social media) that is intended to influence the outcome of an election or referendum question passed the Senate. I have been working with a group called “Money Out” and they are very excited about this win in the Senate. Delegate Helmer has a companion bill in the House. My approach is the result of research that the Joint Committee on Camping Finance Reform, a committee on which I serve, undertook during the summer and fall. 

Update on Some of My Bills: fortunately, my bills have been well received in the Senate and have enjoyed strong bi-partisan support.

• Expanding Medical Licenses and Access to Care - My bill to allow hospitals, nursing homes, and dialysis facilities to hire out-of-state doctors and medical professionals using a provisional licensure mechanism is being very well received. It passed the Senate unanimously. The Virginia Health and Hospital Association and the Medical Society of Virginia are very supportive. This bill also expedites licensure requests from doctors practicing in states surrounding Virginia, if such a state enters a reciprocal agreement with Virginia.

• Teacher Licensure - My bill to permit schools systems to hire teachers who have a license from another country using a provisional licensure mechanism is also very popular. That bill passed the Senate on a unanimous vote.

Environmental Bills - I am carrying three bills that have garnered interest form the environmental community:

• One bill expands the number of contractors that can be hired to install energy-efficient solar ready roofs. This came to me from the Virginia Energy Efficiency Council and the language is intended to make it easier to hire local subcontractors, that are not necessarily on a state approved list to accomplish this work.

• Another would require school systems to plan and construct facilities that are carbon neutral and install energy-efficient solar ready roofs. During special session in the summer of 2021, I was able to dedicate $250M in federal funding to help schools upgrade HVAC systems, including new energy-efficient roofs if such additions were needed. I hope this bill passes.

• Finally, I am carrying legislation that provides the Department of Energy with more tools to help low-income households afford energy efficient upgrades. Low-income households are those at 80 percent of the State Median Income or lower. The state median income is $60,000 for a family of 4. I am particularly excited about this bill because it addresses environmental goals in an a more socially just way.

It is an honor and pleasure to serve you in Richmond. Please stay safe.

Sincerely,