Week 4 Continues to Surprise

Sunday, February 6, 2022

Dear Friend,

Conversations continue about the role of local government and the role of school boards. The Youngkin Administration seems to think that the state government should save constituents from the governing bodies that are closest to them. It is a bit ironic since local governments are the most transparent and accountable levels of government, and the state frequently expects local governments to pay for much needed services. 

Mask Mandates and Local School Systems - Many of you may be aware that Arlington Circuit Court Judge Louise DiMatteo blocked Governor Youngkin’s mask optional order from taking effect. Seven school boards (five from Northern Virginia) asked for an injunction against the order. Judge DiMatteo said Governor Youngkin could not singlehandedly override the constitutional authority of school boards. Article VIII, Section 7 of the Virginia Constitution provides that “the supervision of schools in each school division shall be vested in a school board.” This strong directive in our constitution coupled with a state law from 2021 that instructs divisions to offer in-person learning while adhering to the Centers for Disease Control guidance, to the maximum extent practicable, provided a very strong framework for Judge DiMatteo’s decision. Governor Youngkin has announced that he will appeal this decision.

School Modernization - I believe that the COVID-19 pandemic and the school mask mandates reinforce the need to modernize every school in the Commonwealth. This modernization effort must include new HVAC systems where needed and upgrades that make facilities more energy efficient and more “green.” Educators tell us that environmentally designed buildings are not only healthier for teachers, students and administrators, they are also laboratories for students to learn first-hand about good environmental policies. I am working with appropriators to identify funding for grants to localities to upgrade or replace school facilities. There is a law on the books that allows localities, by name, to pass an increase in the sales tax through a referendum question and to dedicate such dollars to replace school buildings. Many lawmakers are not supportive of expanding this option to every locality, so we will see what options get some traction. 

Environmental Runarounds - I continue to be concerned about the Governor’s lack of interest in meeting our carbon emission reduction goals. The House companion to my bill that would require new school facilities to meet certain energy efficiency standards and ensure that new roofs, or substantially renovated roofs, be solar ready has met defeat in the Republican controlled House of Delegates. I crafted this bill with input from the Superintendents Association, the Sierra Club, the Virginia Association of Counties, architects, and engineers. In fact, there was even waiver language in the bill to allow localities to exempt themselves from the requirement based on certain conditions. Climate change is real and we must take action. I am convinced that laws are needed to spur the progress that we must make. Because of the Democratic makeup of the Senate, I am expecting my bill to pass, but I need a strategy for getting the bill through the House. We are hoping to work with some moderate Republicans and make changes to the bill to get something passed.

Andrew Wheeler Nomination - The kind of actions that the House Republicans took related to my energy efficient school facilities bill reinforces my belief that Andrew Wheeler cannot be appointed as Secretary of Natural and Historic Resources. I have no animus against Mr. Wheeler, but his record as EPA Administrator under President Trump leaned heavily towards favoring “big businesses.” Under his leadership, the coal industry and other polluting businesses were given preferential treatment and were exempted from requirements to abide by environmental standards that would have given us cleaner air, cleaner water, and safer pesticides.

It was my hope that Governor Youngkin would withdraw the nomination of Andrew Wheeler and come forward with someone else, but that has not happened so the Senate will act on the Wheeler nomination early next week. It is my expectation that the Democrats will be united in defeating this nomination. The tradition of the Senate is to confirm gubernatorial nominees so a Governor may attempt to honor the platform that propelled him to electoral success (and I support that general philosophy), but this nominee creates a bridge that is just too far to cross. 

Charter Schools - There seems to be a debate raging about how parental choice can be addressed in the school system. I am a strong believer that public schools can offer specialized tracks and often do, so there is no need to divert dollars from the public school system. In fact, the public schools in states that have embraced charter schools have never fully recovered. There are examples in the state of North Carolina where operators of private schools were given a free hand and the results were schools without trained or licensed teachers; achievement scores that were lower than comparable cohorts in the public schools, and an expenditure of public dollars that did not yield expected results. Governor Youngkin has been very creative about calling charter schools by different names and trying to create a subterfuge around the topic, but no matter how you dress this up, diverting dollars from public schools to let private for profit operators experiment with our kids is not good public policy.

Substance Abuse & My Successful Recovery Home Bill - I continue to enjoy passage of my many health care bills. The latest bill to pass out of committee, unanimously, is my bill that would require recovery homes to disclose to prospective residents the level of supervision that the home provides. For example, the Oxford Home model allows residents to set their own “house rules” and to monitor each other for compliance with the rules. There is no staff person on-site and no counseling or treatment programs offered. This model is most appropriate for individuals in their last stage of recovery. Other homes, however, may offer some on-site supervision and some counseling programs. The Virginia Association of Recovery Residences, a chapter of the National Association of Recovery Residences, operates homes with various levels of support and my bill requires that VARRs fully explain the level of support offered in each of its homes to prospective residents.

The Virginal Department of Behavioral Health and Developmental Services must also clearly identify the level of services offered by each recovery home listed on its website. The idea for this bill came to me because of a very unfortunate incident in Northern Virginia. A young man entered an Oxford Home needing more supervision and support than the home was able to provide. This mismatch between the service offered by the Home and the needs of this young man resulted in the young man overdosing and dying. The family contacted me asking that steps be taken so that no other family is surprised and uninformed when looking for a recovery home for their loved one.

Cannabis Licensure Bill - Senator Ebbin’s bill to establish a licensure process and retail framework for cannabis and hemp products came before the Rehabilitation and Social Services Committee this week. My committee studied this bill in depth and offered recommendations on how to ensure that the hemp products do not have dangerous levels of THC, that cannabis and hemp are not sold in shapes and sizes that might be appealing to children, and that micro-businesses be given an opportunity to participate in a cannabis retail market.

In summary - As you can see, we had a busy week, but there is a feeling that things are getting back to normal. More visitors are in the gallery watching the Senate proceedings and the testimony before committees is equally split between in-person speakers and speakers in the virtual world. 

Your support has been invaluable in bolstering my efforts and “fighting the good fight.” Please do not hesitate to contact my office if you have questions about legislation or comments you would like to share.

Looking forward to when we can connect in person!

Sincerely,