The Success of Establishing Legislative Commissions to Address Complex and Critical Needs: Examining the Early Recommendations and Outcomes of the Commission on School Construction and Modernization

Richmond Public Interest Law Review Richmond Public Interest Law Review

Volume 27

Issue 1

Volume 27, Issue 1 (2023) General

Assembly

Article 6

12-22-2023

The Success of Establishing Legislative Commissions to Address The Success of Establishing Legislative Commissions to Address

Complex and Critical Needs: Examining the Early Complex and Critical Needs: Examining the Early

Recommendations and Outcomes of the Commission on School Recommendations and Outcomes of the Commission on School

Construction and Modernization Construction and Modernization

Matthew P. Stanley

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Recommended Citation Recommended Citation

Matthew P. Stanley,

The Success of Establishing Legislative Commissions to Address Complex and

Critical Needs: Examining the Early Recommendations and Outcomes of the Commission on School

Construction and Modernization

, 27 RICH. PUB. INT. L. REV. 65 (2023).

Available at: https://scholarship.richmond.edu/pilr/vol27/iss1/6

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THE SUCCESS OF ESTABLISHING LEGISLATIVE

COMMISSIONS TO ADDRESS COMPLEX AND CRITICAL

NEEDS: EXAMINING THE EARLY RECOMMENDATIONS

AND OUTCOMES OF THE COMMISSION ON SCHOOL

CONSTRUCTION AND MODERNIZATION

Matthew P. Stanley

Matthew P. Stanley is the Director of Advocacy and Outreach at Richmond Public Schools in

Richmond, Virginia, where he has been employed since 2018. He has been a registered lobbyist for the

past fourteen years, previously representing organizations before the General Assembly and providing

association management services in the healthcare and education sectors. He has served in leadership roles

with the National Commission for Acupuncture and Oriental Medicine; the Fan District Association of

Richmond, Virginia; the Richmond City Council Compensation Review Advisory Committee; the

Virginia Society of Association Executives; the Monroe Park Conservancy; the Virginia Association of

Independent Specialized Education Facilities; and the Virginia Coalition of Private Provider Associations.

He was recognized in 2020 by Style Weekly as a recipient of the Richmond’s Top 40 Under 40 award for

his advocacy work with Richmond Public Schools. Mr. Stanley is a 2007 graduate of Virginia

Commonwealth University with dual Bachelor of the Arts degrees in International Studies and French

Language. He would like to acknowledge several individuals for their contributions and advocacy on the

topic of school construction and modernization including United States Representative Jennifer

McClellan, Virginia Senator Bill Stanley, Richmond City Council Member Andreas Addison, Richmond

Public Schools Superintendent Jason Kamras, Bristol Public Schools Superintendent Keith Perrigin, and

Dwayne Yancey from Cardinal News. The views expressed in this article are solely those of the author

and should not be attributed to Richmond Public Schools or any other organization.

Stanley: The Success of Establishing Legislative Commissions to Address Co

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66 RICHMOND PUBLIC INTEREST LAW REVIEW [Vol. XXVII: i

ABSTRACT

The 2020 creation of the Virginia Commission on School Construction and

Modernization proved to be a pivotal moment in addressing the long-

standing issue of school construction and modernization in the state. With

$1.25 billion in new resources allocated for school divisions in 2022,

including an increased Literary Fund and a flexible formula-based grant,

legislators took decisive action to support school infrastructure. The creation

of the School Construction Fund and School Construction Assistance

Program, with ongoing funding provided through taxes on casino revenues,

marked a significant step forward in providing ongoing resources for school

projects.

Despite several successful legislative outcomes, some proposals—such as

the 1% sales tax authorization for localities and further financial investments

in 2023—faced challenges and were not enacted. Nevertheless, the 2022

session left a lasting impact on the education landscape, prompting

bipartisan support for continued progress. The Commission on School

Construction and Modernization played a vital role in shaping these

advancements, guiding policy makers in making informed decisions and

bolstering the state's commitment to improving learning environments for all

students. The path paved by the Commission offers hope for further

investments and reforms in the future, positioning Virginia as a leader in

supporting education infrastructure.

NTRODUCTION

During the 2020 Regular Session, the Virginia General Assembly enacted

legislation to create the Virginia Commission on School Construction and

Modernization (“the Commission”).

The legislation bestowed powers and

duties on the Commission to better support local school divisions with the

school construction process, and to make funding recommendations to the

Governor and General Assembly.

Over the course of three years since its

creation, the Commission has witnessed the fruition of several of its

recommendations, resulting in tangible progress towards bolstering state

financial support for school construction and modernization.

This article

examines the creation of the Commission and its early success in meeting the

goal of those who advocated for its creation: more state financial support for

S. 888, 2020 Gen. Assemb., Reg. Sess. (Va. 2020).

Id.

See 5-Bill School Modernization Package Provides Funding for Virginia Schools, STAR TRIB.

(Feb. 11, 2022), https://www.chathamstartribune.com/news/local/article_64052c98-8b80-11ec-99ba-

e3114c261d0e.htm.

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2023] THE SUCCESS OF ESTABLISHING LEGISLATIVE COMMISSIONS 67

school construction and modernization.

Funding for school construction and modernization has been intermittently

supported by the state and federal governments during the last century.

Most

support for several state programs ended during the Great Recession in 2009-

2010, leaving localities to grapple with the full financial burden of

constructing and modernizing schools.

However, the advent of the

Commission has breathed new life into discussions surrounding school

construction needs and the fiscal stress they place on localities across the

Commonwealth.

Consequently, the Commission's endeavors have fostered

increased legislative attention and action, paving the way for significant

developments in addressing the challenges posed by Virginia's aging school

infrastructure.

Most notably, the creation of the School Construction Grant Assistance

Program stands as a pivotal milestone, exemplifying the Commonwealth's

commitment to meaningfully addressing the urgent needs of its educational

facilities.

This program recently awarded $365.3 million in grants for forty

approved school projects in twenty-eight divisions.

At an average of over $9

million per grant, this represents a significant milestone in the

Commonwealth´s efforts to address the problem of Virginia’s aging school

infrastructure.

I. B

ACKGROUND: PRE-2019

In Virginia, local school boards are responsible for erecting, furnishing,

equipping, and non-instructional-operating of necessary school buildings.

Over the last century, state and federal governments have supported school

divisions by providing financial support through various grant and loan

VICTORIA JACKSON, ET AL., AMERICA’S SCHOOL INFRASTRUCTURE NEEDS A MAJOR

INVESTMENT OF FEDERAL FUNDS TO ADVANCE AN EQUITABLE RECOVERY 2, 6 (2021).

MICHAEL LEACHMAN ET AL., A PUNISHING DECADE FOR SCHOOL FUNDING 2 (2017).

See Markus Schmidt, ‘A Gigantic Stride,’ CARDINAL NEWS (June 9, 2023),

https://cardinalnews.org/2022/06/09/a-gigantic-stride/.

See id.

Id.

VA. BD. OF EDUC., FINAL REVIEW OF RECOMMENDED GRANT AWARDS FOR SCHOOL PROJECT

APPLICATIONS SUBMITTED TO THE SCHOOL CONSTRUCTION ASSISTANCE PROGRAM 2 (2023); see also

Special Hearing, Before the Virginia Board of Education, 2023 (Va. 2023) (statement of Daniel Gecker,

President, Va. Bd. of Educ).

See Zachary Phillips, Virginia to Invest $365M in School Construction, CONSTR. DIVE (May 23,

2023), https://www.constructiondive.com/news/virginia-to-invest-365m-in-school-construction/650992/.

VA. CODE § 22.1-79 (2023).

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68 RICHMOND PUBLIC INTEREST LAW REVIEW [Vol. XXVII: i

programs.

This support was usually modest, as it did not provide significant

enough assistance to fully fund the construction of new schools, or it came

with specific eligibility requirements as exemplified by disaster recovery

programs.

While the Commonwealth vests school divisions with the

responsibilities of school construction, these past investments by the state and

federal government demonstrate a shared commitment to ensuring that all

students have access to safe and modern school buildings.

Governor Glenn

Youngkin shared this general philosophy with Cardinal News in April 2022

stating, “historically, school construction has been a local responsibility,” but

that “the state should step in and help.”

Unfortunately for localities, state and federal support in the last half of the

century has generally been modest.

A 1993 Joint Legislative Audit and

Review Commission (JLARC) study on State/Local Relations and Service

Responsibilities, summarized the state’s support for school construction from

the 1960s into the 1990s as “almost exclusively providing loans—through

the Literary Fund and the newly formed Virginia Public School Authority

(VPSA).”

As of 1993, state aid for school construction continued in the

form of loans through the Literary Fund and the VPSA.

Unfortunately, the

loans provided through these means met only a small portion of localities’

school infrastructure needs.

These approaches continued beyond 1993 with

the addition of varying lottery funds, and grant programs that calculated and

appropriated funds on a per-pupil basis, or by other enrollment and local

composite index formulas.

In 2001, according to the Commonwealth Education Poll conducted by

Virginia Commonwealth University, “[t]wo thirds of Virginians said funding

for teacher salaries was not enough. About half (51 percent) said funding was

not enough for school building construction and maintenance costs. The

public was split 43-42 over whether funding for ‘operating costs to keep the

CONG. RSCH. SERV., SCHOOL CONSTRUCTION AND RENOVATION: A REVIEW OF FEDERAL

PROGRAMS AND LEGISLATION 1 (2020); see generally VA. DEP’T OF EDUC., Needs and Conditions of

Virginia School Buildings,

COMM’N ON SCH. CONSTR. AND MODERNIZATION (June 2021).

See CONG. RSCH. SERV., supra note 12 at 5.

See id. at 5.

Schmidt, supra note 6.

JLARC, VIRGINIA’S K-12 FUNDING FORMULA, at iii (2023); see Graham Moomaw, Study Finds

Virginia Underfunds K-12 Schools, Recommends Spending Billions More, V

A. MERCURY (July 10, 2023),

https://www.virginiamercury.com/2023/07/10/study-finds-virginia-underfunds-k-12-schools-

recommends-spending-billions-more/.

JLARC, STATE & LOCAL RELATIONS AND SERVICE RESPONSIBILITIES: A FRAMEWORK FOR

CHANGE 95 (1993).

VA. DEP’T OF EDUC., supra note 12 at 43-46.

JLARC, supra note 17.

VA. DEP’T OF EDUC., supra note 12, at 49, 51.

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2023] THE SUCCESS OF ESTABLISHING LEGISLATIVE COMMISSIONS 69

schools running’ were enough.”

Support for increasing public school

funding was affirmed in the 2018 Commonwealth Education Poll, which

noted that 22% of Virginians supported, “additional K-12 education funding,

but also would be willing to pay part of the bill out of their own pocket

through increased taxes.”

Despite this public support, neither the General Assembly nor other state

elected officials made significant changes or investments in school

construction during the 2000s and 2010s or even recent years.

Instead,

during this time of need, the legislature gave more attention to other

immediate priorities like student counseling and mental health needs.

This

mindset was echoed more recently in 2018 during a legislative priority-

setting meeting between members of Richmond’s City Council and

Richmond-area state legislators who felt that “city leaders should prioritize

more specific requests that can be shared among the wide-ranging

constituencies lawmakers represent, such as increasing funding for support

staff positions in schools to address mental health.”

II. P

OST-GREAT RECESSION: STUDIES & OUTCOMES

While many legislators agree that school construction and modernization

is a pressing topic, there has often been a lack of consensus over how to

proceed, especially as legislators navigate the competing priorities during the

Cary Funk et al., Virginians Show Strong Support For School Funding Needs, VCU NEWS (May

22, 2001), https://news.vcu.edu/article/virginians_show_strong_support_for_school_funding_needs.

Public Policy Poll Winter 2017-2018, L. DOUGLAS WILDER SCH. OF GOV’T AND PUB. AFFS. OFF.

PUB. POL’Y OUTREACH, https://drive.google.com/file/d/1rcbjOen-qkTj6XghITo-4yHAoksMRHFH/

view?usp=sharing.

See Jessie Higgins, Virginia Just Made Its Biggest Investment in School Buildings in Over A

Decade. Now, It Has To Decide How To Dole Out The Money, C

HARLOTTESVILLE TOMORROW (Aug. 3,

2022), https://www.cvilletomorrow.org/virginia-just-made-its-biggest-investment-in-school-buildings-

in-over-a-decade-now-it-has-to-decide-how-to-dole-out-the-money/#:~:text=Now%2C%20it%20has

%20to%20decide%20how%20to%20dole%20out%20the%20money.,-by%20Jessie%20Higgins&text=

Virginia's%20General%20Assembly%20this%20week,year%20to%20upgrading%20school%20buildin

gs.

See VA. DEP'T OF HEALTH, Va. Youth Survey 2017 Results (2017), https://www.vdh.virginia.

gov/content/uploads/sites/69/2019/09/vys-2017-copy_28905401.pdf; see generally Zara Abrams, Student

Mental Health is in Crisis. Campuses Are Rethinking Their Approach, APA (Oct. 1, 2022),

https://www.apa.org/monitor/2022/10/mental-health-campus-care (this comes from the author’s

experience working in education outreach and advocacy in Virginia).

See Mark Robinson, Legislators: Richmond Faces Long Odds in Getting More State Money For

Education, R

ICH. TIMES DISPATCH (Oct. 3, 2018), https://richmond.com/news/local/legislators-richmond-

faces-long-odds-in-getting-more-state-money-for-education/article_1ca1ca29-7cc0-5675-bc40-

56fe7c9db9e6.html.

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70 RICHMOND PUBLIC INTEREST LAW REVIEW [Vol. XXVII: i

sessions of the General Assembly and its appropriations obligations.

Unfortunately, in the aftermath of the Great Recession, Virginia’s state

support for school construction waned even below the small levels that had

been previously in place.

The funding for school construction grants and

Lottery Funded grants for non-recurring costs was discontinued in FY09 and

FY10.

In 2013, in response to advocacy by Democratic Strategist Paul

Goldman, Governor Bob McDonnell ordered a study of all existing public

school buildings.

The study found that of the “1,227 of Virginia's school

buildings and facilities, more than 60%, are 40 years or older.”

In the aftermath of the Great Recession, Governor McDonnell advocated

alongside Senator Mark Warner, Senator Tim Kaine, Majority Leader Eric

Cantor, Governor-elect Terry McAuliffe, and other Virginia elected officials

to eliminate the federal “prior use” rule, which generally prohibits private

investors from earning tax credits if they renovate older schools into a more

modern public facility.

Recission of the rule, which falls within federal tax

policy, would make Virginia’s school buildings eligible for the Federal

Historic Rehabilitation Tax Credit.

They advocated for this federal policy

change instead of appropriating state monies for school construction and

modernization or considering other options. As of the publication of this

review, Virginia elected officials continue to advocate for this policy

change.

After the 2013 McDonnell report through 2018, there was less activity

from elected leaders in advocating for school construction support from the

state. Until FY17, no funding was restored or newly appropriated.

When

Kate Masters, In The Final Days of Session, Funding School Construction Remains a Budget

Debate, V

A. MERCURY (Mar. 6, 2020), https://www.virginiamercury.com/2020/03/06/in-the-final-days-

of-session-funding-school-construction-is-still-a-budget-debate/.

See id.

VA. DEP’T OF EDUC., NEEDS AND CONDITIONS OF VIRGINIA SCHOOL BUILDINGS 52-53 (2021).

Olympia Meola, State Review Itemizes Aged School Buildings, RICH. TIMES DISPATCH (Nov. 21,

2013), https://richmond.com/news/virginia/state-review-itemizes-aged-school-buildings/article_f7c2865

0-1d53-56b3-979b-8cc831940c99.html.

Taylor Thornley Keeney, Over 60% of Virginia Schools Could Potentially Benefit in Years Ahead

From Change to Federal Historic Rehabilitation Tax Credit, A

RCHIVE-IT (Nov. 20, 2013),

https://wayback.archive-it.org/1655/20131219043525/http://www.governor.virginia.gov/News/viewRe

lease.cfm? id=2086&printpage=Yes.

Jim Webb, et al., Let's Update Tax Policy to Help Rebuild Schools, ARCHIVE-IT (Nov. 29, 2011),

https://wayback.archive-

it.org/1655/20130228185049/http://www.governor.virginia.gov/News/viewRelease.cfm?id=1025&print

page=Yes.

Id.

Michael Martz, Kaine, Warner Try Again To Use Historic Tax Credits For Schools, RICH. TIMES

DISPATCH (May 10, 2023), https://richmond.com/news/state-and-regional/govt-and-politics/kaine-

warner-try-again-to-use-historic-tax-credits-for-schools/article_73735b06-ef51-11ed-9d1e-b38cf8

28f685.html.

VDOE, supra note 12, at 55.

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2023] THE SUCCESS OF ESTABLISHING LEGISLATIVE COMMISSIONS 71

the state resumed the distribution of Lottery Funds in FY17, the funds were

no longer required to be used on non-recurring costs.

This meant that much

of these funds were no longer reserved for school construction and

modernization, and could be used freely based on local division priorities.

However, in the FY20-22 budgets, the per-pupil flexible funding reinstated

the non-recurring cost requirement, such that “at least 30% in FY21 and 40%

in FY22 must be spent on ‘nonrecurring’ costs.”

While school construction

and modernization is a non-recurring cost, there are many other possible

expenditures that school divisions must prioritize and balance.

The period following the Great Recession was challenging for public

education funding.

The General Assembly’s K-12 public education funding

did not recover to pre-2010 levels, and education advocates were left wanting

more after every new budget during the period.

In 2018, when legislators

began earnestly discussing rolling back other Great Recession-caused policy

changes to education funding—like the Support Staff Cap—advocacy

increased surrounding the need for support with school construction and

modernization from state leadership.

One legislator that has been particularly inclined to have the state step in

and help localities with school construction is Senator Bill Stanley (R-

Franklin). In 2018, as Chair of the Senate Local Government Committee,

Senator Stanley convened a School Facility Modernization Subcommittee to

study the topic between sessions of the General Assembly.

This

subcommittee’s work led to the introduction of several bills

and reinvigorated

Id. at 55-56 (“Prior state assistance programs required that a percentage of distributions,

sometimes set at 30% or 50%, be spent only on non-recurring costs which included: “school construction,

additions, infrastructure, site acquisition, renovations, technology, and other expenditures related to

modernizing classroom equipment and debt service payments on school projects completed in the last 10

years.”).

Id. at 55.

Id. at 56.

Lauren Goren et al., Budget Choices for Today and Tomorrow: Learning Lessons from the Great

Recession and Setting Virginia on a More Equitable Path, T

HE COMMONWEALTH INST. (Aug. 2020),

https://thecommonwealthinstitute.org/research/budget-choices-for-today-and-tomorrow-learning-

lessons-from-the-great-recession-and-setting-virginia-on-a-more-equitable-path/.

Goren et al., supra note 38; Robinson, supra note 25.

Justin Mattingly, Virginia Senator Proposes Using Internet Sales Tax Windfall to Upgrade School

Facilities, R

ICH. TIMES DISPATCH (Aug. 16, 2018), https://richmond.com/news/virginia/virginia-senator-

proposes-using-internet-sales-tax-windfall-to-upgrade-school-facilities/article_5d23f5d6-06ac-567f-

8af0-381451e311a0.html; Robinson, supra note 25; see e.g., Justin Mattingly, Virginia State Senator

Questions Stoney’s Efforts to Improve School Facilities Stoney Blames General Assembly, R

ICH. TIMES

DISPATCH (July 3, 2018), https://richmond.com/news/local/virginia-state-senator-questions-stoneys-

efforts-to-improve-school-facilities-stoney-blames-general-assembly/article_d6d6302d-97b2-5574-

b83d-92a9ede083d4.html.

Laura Vozzella, New Virginia Senate Panel To Study Need To Modernize School Buildings,

ASH. POST (Apr. 17, 2018), https://www.washingtonpost.com/local/virginia-politics/new-virginia-

senate-panel-to-study-need-to-modernize-school-buildings/2018/04/17/e14a9712-4262-11e8-bba2-

0976a82b05a2_story.html.

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state-level discussion, helping inspire the Commission that is the subject of

this review.

In December 2018, Governor Northam proposed a deposit of $80 million

into the Literary Fund.

While this was perceived as a favorable

development by some, it should still be noted that there was both a

constitutional obligation to maintain an $80 million asset balance, and that it

was during these years that the state also used more of the Literary Fund to

fund non-infrastructure obligations like teacher retirement plans.

In 2019,

the General Assembly appropriated $35 million in Literary Fund monies for

school construction loans and an interest-rate subsidy program—less than

half of what Governor Northam had proposed.

An additional $111.3 million

was appropriated within the Literary Fund for teacher retirement plan

payments, and thus divested from school infrastructure or other non-recurring

costs.

In 2019, the General Assembly enacted two bills—H.B. 2192 and S.B.

1331—that encouraged school divisions to build energy efficient buildings

that generate more electricity than consumed, and to consider lease

agreements with private developers to help fund the solar infrastructure and

other upgrades.

This legislation, combined with bills passed by the 2013

General Assembly (H.B. 2334 & S.B. 1023) that permitted solar power

purchase agreements, has spurred modernization projects across the state.

Virginia is now considered a national leader in the use of solar energy for K-

12 schools.

While smaller pieces of infrastructure legislation were successful that

year, the more significant legislative proposals to help deal with the state’s

school facilities needs were not. Senator Stanley introduced S.B. 1330, a bill

to hold a statewide bond referendum to consider $3 billion in bonds for K-12

building construction and renovation projects across the state.

This bill

Senate School Construction & Modernization Commission, S. OF VA. (Apr. 1, 2021),

https://virginia-senate.granicus.com/MediaPlayer.php?view_id=3&clip_id=4221.

Michelle Hankerson, With a Positive Economic Outlook Northam Proposes Teacher Pay Raise,

More Money for School Construction, V

A. MERCURY (Dec. 11, 2018),

https://www.virginiamercury.com/2018/12/11/with-a-positive-economic-outlook-northam-proposes-

teacher-pay-raise-more-money-for-school-construction/.

VA. CONST. art. VIII, § 8; MANJU S. GANERIWALA, REVIEW OF COMMONWEALTH’S DEBT

PROGRAMS 19 (2021).

2019 Va. Acts ch. 854, Item 136.

Id.

H.B. 2192, 2019 Gen. Assemb., Reg. Sess. (Va. 2019); S. 1331, 2019 Gen. Assemb., Reg. Sess.

(Va. 2019).

See Anna Bryson, Virginia Schools Among Top in U.S. to Utilize Solar Energy, RICH. TIMES

DISPATCH (Sept. 15, 2022), https://richmond.com/news/local/education/virginia-schools-among-top-in-

u-s-to-utilize-solar-energy/article_2f18d689-e659-5269-b624-0ce7b464498d.html.

S. 1330, 2019 Gen. Assemb., Reg. Sess. (Va. 2019).

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2023] THE SUCCESS OF ESTABLISHING LEGISLATIVE COMMISSIONS 73

gained little support from other legislators and died in the Senate Finance

Committee.

He also introduced S.B. 1702 to create a Public School

Assistance Fund and Program, aimed at funding for the rehabilitation of

school roofs.

Roof repairs were noted as one of the most significant needs

during the Senator’s 2018 sub-committee review of the conditions of Virginia

school buildings.

The 2019 General Assembly did not pass S.B. 1702; and

while Senator Stanley introduced the legislation again in the following years,

it never passed.

Fortunately, its aims were included in the 2022 School

Construction Assistance Program.

III. E

STABLISHMENT OF THE COMMISSION

A. Local Request

In 2018, Richmond Public Schools (RPS) adopted its strategic plan,

Dreams4RPS.

The plan advocated for more overall funding increases from

local, state, federal and philanthropic sources, but also focused specifically

on school facilities and infrastructure. It directed the division to “develop an

advocacy campaign to create the political will for a comprehensive funding

package for [RPS] facilities needs (new construction, renovation, and

ongoing maintenance).”

To focus on its own legislative advocacy, RPS created the Department of

Advocacy & Outreach.

The department was tasked with helping the

division with advocacy strategy, and specifically how to advocate for

facilities funding that were consistent with the strategic plan. In response to

concern about the division investing in a salaried position to advocate with

the state, Superintendent Jason Kamras noted in a 2019 Richmond City

Amy Friedenberger, Panel Nixes School Referendum Bill, ROANOKE TIMES (Jan. 31, 2019),

https://roanoke.com/news/politics/general_assembly/senate-panel-kills-sen-bill-stanleys-referendum-on-

schools-modernization/article_65806864-5510-5ac9-9a4a-da8a36386b08.html.

S. 1702, 2019 Gen. Assemb., Reg. Sess. (Va. 2019).

School Modernization Legislation Update, VA. ASS'N OF CNTY. (Feb. 4, 2019),

https://www.vaco.org/capitol-contact/school-modernization-legislation-update/.

S. 4, 2020 Gen. Assemb., Reg. Sess. (Va. 2020); S. 1106, 2021 Gen. Assemb., Reg. Sess. (Va.

2021); see generally S. 1702, 2019 Gen. Assemb., Reg. Sess. (Va. 2019).

2022 Va. Acts ch. 2, Item 137.

Justin Mattingly, Richmond School Board Approves Five-year Strategic Plan, RICH. TIMES

DISPATCH (Sept. 5, 2018) https://richmond.com/news/local/richmond-school-board-approves-five-year-

strategic-plan/article_4dc02cfb-f490-5b73-b12c-d70ac3cb1199.html; see also DREAMS4RPS: The 2018-

23 RPS Strategic Plan, R

ICH. PUB. SCH. (Sept. 2018), https://resources.finalsite.net/images/v1628623046

/rvaschoolsnet/lnw0srtlvbvvy9izxgth/Dreams4RPS-English.pdf.

DREAMS4RPS: The 2018-23 RPS Strategic Plan, supra note 55.

See Advocacy & Outreach, RICH. PUB. SCH., https://www.rvaschools.net/engagement/ao (last

visited Sept. 17, 2023).

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74 RICHMOND PUBLIC INTEREST LAW REVIEW [Vol. XXVII: i

Council meeting that “[w]e need to keep the pressure on the state to make

sure that RPS gets all the funding it needs.” Kamras also pointed out that the

position´s salary ¨is an investment of ($125,000) . . . that could yield $20

million in state funding, or more.”

At a joint meeting of the Richmond City Council and Richmond City

School Board on October 2, 2019, 1st District Richmond City Council

Member Andreas Addison suggested a legislative proposal to resolve the lack

of state support for school construction: the creation of a state commission

that included legislators, executive branch officials, and other appointees to

provide state-level, coordinated leadership on the topic, and to support local

divisions with best practices to ensure that school construction approaches

by localities are conducted as efficiently as possible.

Mr. Addison learned

of this approach through the Ohio School Facilities Commission (now

merged into the Ohio Facilities Construction Commission), which

successfully appropriated over $2.7 billion in school funding from 1997 to

2005.

Given the Ohio commission’s demonstrative success, Mr. Addison

recommended creating a similar commission in Virginia.

Accordingly, RPS presented Richmond-area legislators

with a proposal

that included creating “a School Construction Commission to provide state-

level leadership and enable cross-division collaboration in addressing

Virginia’s school facility needs.”

Moreover, RPS explained how the

“commission would be able to inventory statewide needs, identify new

funding mechanisms, establish best practices, and create savings for divisions

through standardized designs and procurement.”

This request was

supported by the Richmond City School Board and Richmond City Council,

as discussed during the October 10, 2019 Education Compact meeting.

B. Concurrent Advocacy in Regards to the Local Composite Index

RPS also supported “modifications to state funding formulas, like the

Local Composite Index (LCI), to recognize the unique needs of the capital

Kelly Avellino, Amid Proposed City Tax Hikes, RPS Funds $100k Gala, $125k Lobbyist Position,

NBC12 (Mar. 18, 2019), https://www.nbc12.com/2019/03/18/amid-proposed-city-tax-hikes-rps-funds-k-

gala-k-lobbyist-position/.

See Joe De Patta, The Ohio School Facilities Commission, SCH. CONSTR. NEWS (Dec. 10,

2005), https://schoolconstructionnews.com/2005/12/10/the-ohio-school-facilities-commission/.

See id.

See Robinson, supra note 25.

Id.

Education Compact Quarterly Meeting, CTY. OF RICH. MAYOR’S OFF. (Oct. 10, 2019),

https://go.boarddocs.com/vsba/richmond/Board.nsf/files/BGUS256D5C39/$file/Education%20Compact

%20Presentation.pdf.

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city and the abundance of tax-exempt property.”

The Local Composite

Index is not covered thoroughly in this article, but it should be noted that a

June 2023 JLARC report on Virginia’s K-12 Funding Formula found that

the, “LCI appropriately excludes tax-exempt properties when measuring

local wealth contrary to” the popular misconception “that the LCI formula

overstates the actual value of taxable real estate in their jurisdictions.”

Although RPS requested budget amendments “to create an LCI multiplier

for the City of Richmond,” that better compensates Richmond and other

localities to provide infrastructure and services to the seat of state

government, former Senator McClellan instead introduced a budget

amendment which directed the Department of General Services (DGS) to

establish a sum-sufficient fund to reimburse localities for the public services

provided to state properties.

This budget amendment was not included in

the final budget, and further local advocacy on reforms to the LCI have not

been enacted since.

Beyond the misconception that the LCI did not properly take tax-exempt

property into account, some leaders have pointed out other shortcomings in

the formula and believe that it misrepresents localities’ ability to pay for

public education.

“[The LCI] doesn’t take Richmond’s concentrated

poverty into account,” noted RPS Superintendent Jason Kamras.

Lower-

income communities are more likely to go without needed construction and

renovations.

Nationally, local funding covers 80% of school construction

costs.

Kamras followed, “[w]e know from research that it is exponentially

more challenging and expensive in terms of educating children [in

poverty].”

Id.

JLARC, REPORT TO THE GOVERNOR AND THE GENERAL ASSEMBLY OF VIRGINIA, VIRGINIA’S K-

FUNDING FORMULA, Reg. Sess., at 54 (2023).

See Budget Amendments - SB30 Item 79 #3s, LIS, http://budget.lis.virginia.gov/amendment/2020

/1/SB30/Introduced/MR/79/3s (last visited Dec. 13, 2023).

See Chris Suarez, Rising Property Values – Up $4.2 Billion in 2 Years – Means Richmond Will

Lose Millions in State Education Funding, R

ICH. TIMES DISPATCH (Dec. 3, 2021),

https://richmond.com/news/local/government-politics/rising-property-values---up-4-2-billion-in-2-years-

--means/article_c321fc62-6dcd-5c9f-bdcf-bf439f4231c0.html; see JLARC,

supra note 66, at 4 (2023).

Kenya Hunter, Richmond Schools Superintendent Proposes 5% Teacher Raises, $4 Million in

Central Office Cuts, R

ICH. TIMES DISPATCH (Jan. 18, 2022), https://richmond.com/news/richmond-

schools-superintendent-proposes-5-teacher-raises-4-million-in-central-office-cuts/article_8c9e27e3-

7487-55cc-88ad-e90263887b42.html.

See KRISTIN BLAGG ET. AL, ASSESSING THE NATIONAL LANDSCAPE OF CAPITAL EXPENDITURES

PUBLIC SCHOOL DISTRICTS 9 (2023).

Amanda Litvinov, Our Crumbling Public School Infrasctructure, NEATODAY (Oct. 30, 2018),

https://www.nea.org/nea-today/all-news-articles/our-crumbling-public-school-infrastructure.

Suarez, supra note 68.

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76 RICHMOND PUBLIC INTEREST LAW REVIEW [Vol. XXVII: i

C. Legislative Action

In November 2019, former Senator McClellan agreed to introduce

legislation to create the Commission, and S.B. 888 was filed on January 8,

2020.

The legislation called for establishing the Commission “in the

legislative branch of state government to develop and provide guidance and

resources to local school divisions related to school construction and

modernization and make funding recommendations to the Governor and the

General Assembly.”

The proposed membership included eight legislative

members, three nonlegislative citizen members, and four ex-officio members

with the following requirements

● Three members of the Senate, to be appointed by the Senate

Committee on Rules;

● Five members of the House of Delegates, to be appointed by the

Speaker of the House of Delegates;

● One nonlegislative citizen member to be appointed by the Senate

Committee on Rules;

● One nonlegislative citizen member to be appointed by the Speaker of

the House of Delegates; and

● One nonlegislative citizen member to be appointed by the Governor.

The ex-officio members included:

● The Superintendent of Public Instruction;

● the Director of the Department of General Services;

● the Executive Director of the Virginia Resources Authority; and

● the Director of the Department of Planning of Budget.

The Commission was proposed to have the following powers and duties

1. Assessing the Commonwealth's school facilities and determining

school construction and modernization funding needs.

2. Identifying funding mechanisms and making recommendations to

the Governor and the General Assembly.

3. Establishing best practices in school modernization and

S. 888, 2020 Gen. Assemb., Reg. Sess. (Va. 2020).

Id.

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construction for school divisions.

4. Creating standardized construction designs and procurement

practices to recommend and make available to local school divisions.

5. Identifying potential cost-saving measures for implementation by

local school divisions to minimize construction and modernization costs

where possible.

6. Submitting to the General Assembly and the Governor an annual

report.

S.B. 888, as introduced, passed the Senate unanimously; however, it was

amended by the House to include more legislative members.

The Senate

rejected the House’s amendments, and a committee of conference was

created.

The final conference committee report made only one significant

change, increasing the Commission membership to seventeen members by

adding the State Treasurer and the President of the Board of Education as ex-

officio members.

The conference report and bill passed the state Senate by a margin of 39-

0 on March 7, 2020, passed the House of Delegates by a margin of 89-5 on

March 8, 2020, and was relayed to Governor Ralph Northam on March 20,

2020, for action by April 11, 2020.

The Governor approved the legislation

on April 20, 2020, with an effective date of July 1, 2020.

D. Other School Construction Legislative Action During 2020

In addition to creating the Commission by adopting S.B. 888, the General

Assembly considered additional legislation related to school construction

during the 2020 session of the General Assembly.

Some legislators

continued advocating for specific localities to be authorized to impose a 1%

sales tax to help fund school construction.

For example, Delegate Thomas

Wright, Jr. (R-Victoria) introduced H.B. 200 on December 27, 2019, to allow

the locality of Mecklenburg County to receive this authorization, and

Id.

SB 888 School Construction and Modernization, Commission on; Established, Report, LIS,

https://lis.virginia.gov/cgi-bin/legp604.exe?ses=201&typ=bil&val=sb888 (last visited Sept. 17, 2023).

SB 888 Joint Conference Committee Report, LIS, https://lis.virginia.gov/cgi-bin/legp604.

exe?201+amd+SB888AC (last visited Sept. 17, 2023).

SB 888 School Construction and Modernization, Commission on; Established, Report, supra note

78.

Id.

See Joe Dashiell, Fight for School Construction Funding to Continue in General Assembly,

WDBJ7 (Dec. 29, 2020), https://www.wdbj7.com/2020/12/29/fight-for-school-construction-funding-to-

continue-in-general-assembly/ (stating that Senator Bill Stanley will be re-introducing three bills that were

unsuccessful in the 2020 General Assembly).

See VA. CODE § 58.1-605.1(A)(1) (2020).

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Delegate James Edmunds introduced H.B. 1631 on January 16, 2020, to

authorize the locality of Charlotte County to receive this authorization.

H.B.

200 passed the House of Delegates by a margin of 79-21

on February 11,

2020, and the Senate by a margin of 33-7 on February 24, 2020.

H.B. 1631

passed the House of Delegates by a margin of 73-22 on February 11, 2020,

and the Senate by a margin of 31-9 on February 24, 2020.

Both of these

bills were approved by the Governor with an effective date of July 1, 2020.

The legislature also considered S.B. 6 introduced by Senator Stanley on

November 18, 2019, which proposed to hold:

A statewide referendum on the question of whether the General Assembly shall

issue state general obligation bonds in the amount of $3 billion for the purpose

of K-12 school building construction, repair, or other capital projects related to

the modernization of school facilities. The results would be advisory only and

are intended only to demonstrate the preference of the citizens of the

Commonwealth on the issuance of such bonds. The referendum would be held

at the November 2020 general election.

S.B. 6 was tabled by the Senate Finance and Appropriations Committee

by a margin of 11-5 on January 29, 2020.

While advocates were

disappointed in this outcome, Senator Stanley’s legislation helped raise

further awareness of the significant school infrastructure needs across the

Commonwealth.

IV. C

OMMISSION RECOMMENDATIONS AND RESULTS

A. 2021 and the Early Work of the Commission

Due to the state’s focus on addressing the COVID-19 pandemic, the

H.B. 200, 2020 Gen. Assemb., Reg. Sess. (Va. 2020); H.B.1631, 2020 Gen. Assemb., Reg. Sess.

(Va. 2020).

HB 200 Mecklenburg County; Additional Sales and Use Tax, Appropriations to Incorporated

Towns, LIS, https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB200 (last visited Sept. 21, 2023).

HB 1631 Charlotte County; Additional Sales and Use Tax Imposed, LIS,

https://lis.virginia.gov/cgi-bin/legp604.exe?ses=201&typ=bil&val=hb1631 (last visited Sept. 21, 2023).

HB 200 Mecklenburg County; Additional Sales and Use Tax, Appropriations to Incorporated

Towns, supra note 86; HB 1631 Charlotte County; Additional Sales and Use Tax Imposed, supra note 86.

SB 6 Voter Referendum; Issuance of State General Obligation Bonds for School Facility

Modernization, LIS, https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SB6 (last visited Sept. 28,

2023).

Id.

See Joe Dashiell, School Modernization Bill Passes Senate, But Funding Must Follow, WDBJ7

(Feb. 2, 2021), https://www.wdbj7.com/2021/02/03/school-modernization-bill-passes-senate-but-

funding-must-follow/.

See generally DLS COMMISSION ON SCHOOL CONSTRUCTION AND MODERNIZATION, REPORT ON

THE

INTERIM ACTIVITY OF THE COMMISSION ON SCHOOL CONSTRUCTION AND MODERNIZATION (2021).

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2023] THE SUCCESS OF ESTABLISHING LEGISLATIVE COMMISSIONS 79

Commission did not hold its first meeting until April 1, 2021.

During the

first meeting, former Senator McClellan was elected chair of the

Commission, legislative staff provided an overview of studies and legislation

related to school construction and modernization from 2018 to 2021, and the

Commission established a work plan for the rest of the year.

The

Commission also discussed many types of data and information that it

requested the Virginia Department of Education (VDOE) to prepare in

advance of their next meeting.

B. Second Meeting Data and Presentations

At the Commission’s second meeting on June 3, 2021, the Commission

received a presentation from Virginia Superintendent of Public Instruction

James Lane.

Some of the key findings shared by the Superintendent

included

● 41% of schools in Virginia are at or above their capacity for students

● 29% of schools in Virginia are nearing their capacity for students

● More than half of school buildings in Virginia are more than 50 years

old

● State financial support for school facility capital and debt service costs

is limited to loan programs and a portion of state Lottery funding

● For FY20, divisions reported $1.105 billion in school facility capital

costs, $476.1 million in debt service costs, and $7.158 billion in

outstanding debt on school facilities

● Total replacement cost for school buildings over 50 years old was

calculated at approximately $25 billion by the Virginia Department

of Education in 2021

In addition to the Superintendent’s presentation, the Commission also

reviewed funding provided through the American Rescue Plan that was

Commission on School Construction and Modernization, VA. S. (Apr. 1, 2021), https://virginia-

senate.granicus.com/MediaPlayer.php?view_id=3&clip_id=4221.

Id.

COMMISSION ON SCHOOL CONSTRUCTION AND MODERNIZATION, Organizational Meeting, supra

note 91; see V

A. DEPARTMENT EDUCATION, COMMISSION DATA REQUEST TRACKING,

https://studiesvirginiageneralassembly.s3.amazonaws.com/meeting_docs/documents/000/000/968/origin

al/Commission_Data_Request_Tracking.xlsx?1622573308.

Commission on School Construction and Modernization, VA. S. (June 3, 2021), https://virginia-

senate.granicus.com/MediaPlayer.php?view_id=3&clip_id=4292; see V

A. DEP’T OF EDUC., supra note 12

at 43-46.

VA. DEP’T OF EDUC., supra note 12, at 3, 17.

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available to support school infrastructure needs.

C. September Meeting & Architectural Services

At the September 29, 2021, meeting of the Commission, Superintendent

Lane provided follow up information to some of the questions that arose

during the prior meeting in June.

The VDOE provided a recommendation

for the standard size of schools, and a model for determining reasonable

construction costs.

Using prototypical space recommendations, and in

consultation with designers and contractors, the VDOE maintains the

minimum standard school size for elementary, middle, and high schools are:

48,148 square feet for an elementary school with a student capacity of 600;

93,357 square feet for a middle school with a student capacity of 800, and

122,855 square feet for a high school with a student capacity of 1,200.

100

The department also collected data from school divisions to determine

how divisions prioritize spending with limited financial resources.

101

“Divisions were asked to review the project categories most commonly found

among Capital Improvement Plans (CIPs) and rank [in] order the items they

would prioritize for funding.”

102

VDOE noted the “New School(s)” category

likely would have been rated a “higher priority by more divisions if divisions

statewide had more ready access to funding sources supporting new school

construction.”

103

In response to the request to learn whether savings could be realized if

replicable, prototype designs were used on multiple school construction

projects, the VDOE found that there would be, “some savings on professional

fees” and a 5% increase or decrease in “overall savings in construction costs

from this approach.”

104

This savings would depend on the similarity of

building sites and how many modifications were necessary based on

individual school and division needs.

105

The Commission also received a presentation from the American Institute

of Architects Virginia (AIA Virginia), who supported greater resource

allocation by local and state leaders to school construction:

Commission on School Construction and Modernization, supra note 92; see VA. H.

APPROPRIATIONS COMM. CHAIRMAN LUKE E. TORIAN, American Rescue Plan Funds for K-12 (2021).

VDOE Responses to Follow-up Questions Posed at the June 3, 2021 Commission Meeting, VA.

DEP’T OF EDUC. 2 (June 2021).

Id. at 19.

100

Id.

101

Id. at 6.

102

Id.

103

Id.

104

Id. at 18.

105

Id.

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There is a much higher correlation between the quality of school construction

and the relative resources and leadership of different school districts than time

periods and types of construction. The better resourced school districts

consistently have better designed and maintained facilities. We would urge the

Commonwealth to pursue greater equity in available planning, responsive design

and construction rather than classifying “good” and “bad” buildings by type or

period.

106

Finally, the Commission also reviewed a report from the VDOE and the

Virginia Department of the Treasury (“Treasury”) that noted

“recommendations to make the Literary Fund loan program more

competitive and attractive to school divisions and increase the fiscal health

of the Literary Fund.”

107

D. December Meeting & Recommendations

In December 2021, the Commission met and adopted numerous legislative

recommendations, including the six joint recommendations of the VDOE and

Treasury relating to the Literary Fund, which were provided in a letter dated

July 27, 2021.

108

The recommendations included “amending the General

Appropriation Act to establish a minimum principal or asset base in the

Literary Fund of $250 million to be used for school construction and

renovation loans.”

109

The remaining five joint recommendations involved

amending the Code of Virginia to do the following:

110

● Increase the maximum Literary Fund loan amount per project from

$7.5 million to $25 million;

● Require the Board of Education to amend its regulations to reduce

Literary Fund loan rates from 2-6% at 1% increments to 1-3% at .5%

increments, and create an open application process at a scheduled

time each year with priority given to low LCI school divisions that

make certain commitments;

● Provide the Board of Education the authority to remove inactive

projects from the Literary Fund loan waiting list after a certain

amount of time (e.g. 5 to 7 years);

106

AM. INST. OF ARCHITECTS VA., Prioritizing Funding for Schools 33 (2021).

107

See VA. DEP'T OF EDUC., OFF. OF THE SUPERINTENDENT OF PUB. INSTRUCTION, Recommendations

Related to the Literary Fund 1 (2021); Review of Commonwealth’s Debt Program: A Briefing for the

Commission on School Construction and Modernization, V

A. TREASURY (2021),

https://studiesvirginiageneralassembly.s3.amazonaws.com/meeting_docs/documents/000/001/208/origin

al/Review_of_Commonwealth_Debt_Programs.pptx?1632927466.

108

VA. DEP'T OF EDUC., supra note 107.

109

COMMONWEALTH OF VA. COMM’N ON SCH. CONSTR. AND MODERNIZATION, Recommendations

Adopted by the Commission (2021).

110

Id.

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● Provide a premium loan amount add-on (e.g. $5 or $10 million) per

project to the maximum set forth above, for projects that involve the

consolidation of schools; and

● Provide cash incentive grants of up to $25,000 to help school boards

and localities cover Literary Fund loan closing costs

Another legislative recommendation adopted by the Commission called

for establishing a “special nonreverting fund and a competitive

program for

the award of grants from such fund for the construction or renovation of

public school buildings.”

111

The suggested bill was similar to H.B. 2093

(2021) and S.B. 1087 (2020), but specifically directs funds remaining in the

Casino Gaming Fund to be used to support the grant program.

112

The

Commission also supported amending the General Appropriation Act to

provide additional funds, e.g. FY21 surplus funds, to support the grant

program.

113

The Commission further adopted recommendations to “amend § 58.1-602

and various other provisions of the Code of Virginia to permit any locality to

levy a general retail sales tax . . . to provide revenue solely for capital projects

for the construction or renovation of schools, if such levy is approved in a

voter referendum.”

114

Under current law, such sales tax is only permitted in

nine enumerated localities.

115

With respect to § 22.1-100 of the Virginia Code, the Commission

supported amending the law to: (1) “permit any school board to finance

capital projects with any funds appropriated to it by the local governing body

that are unexpended by the school board in any year, using H.B. 1921 (2019)

as a template,” and (2) “create incentives for local governing bodies and

school boards to collaborate to set aside for the purpose of capital projects

any funds appropriated to the school board by the local governing body that

are unexpended by the school board in any year (‘turn-back’ funds).”

116

Finally, the Commission supported directing the Board of Education to

make recommendations to the General Assembly for revisions to the

Standards of Quality to establish standards for operations and maintenance,

and new construction, of public-school buildings.

117

The Commission also

adopted a legislative recommendation requiring “the Department of

111

Id.

112

Id.

113

Id.

114

Id.

115

Id.

116

Id.

117

Id.

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Education to consult with the Department of General Services (DGS) to

establish or adopt a tool for collecting data from local school divisions to

determine the functional age of and ongoing maintenance reserve needs for

each public school building in each local school division, similar to the MR-

Fix tool that DGS uses for state buildings.”

118

E. The Governor’s Budget Proposal and Response

Following the Commission’s adoption of the recommendations, legislators

began introducing legislation and then-Governor Northam introduced his

final two-year budget.

119

The budget included several new proposals,

including $500 million in FY23 funding for school construction and

modernization project grants.

120

While this response from the Governor was

welcomed, Senator Stanley continued to emphasize the greater needs of the

state’s school divisions, expressing:

We’re really looking at a minimum of $6 billion to address the crumbling of the

schools that’s going on. We need to stop the degradation of schools by time and

weather, we must start with the roofs and once we stabilize the structure we have

to make sure that teachers have the tools to provide a modern education.

121

The Governor also proposed several changes to the Literary Fund. This

included shifting employee retirement plan payments back to being funded

through General Funds, freeing up the Literary Fund to offer up to $200

million in FY23 and up to $200 million in FY24 for school construction loans

or interest rate subsidy grants.

122

Additionally, the proposal included

provisions to implement some of the recommendations

from the VDOE and

Treasury, “to make Literary Fund construction loans more competitive and

attractive to school divisions as a viable source for funding school

construction projects.”

123

V. 2022

SESSION AND INITIAL RECOMMENDATION OUTCOMES

When the General Assembly agreed to a budget on June 1, 2022, it

118

Id.

119

See Robert Zullo & Bob Lewis, Northam Presents Final Budget, Flush with Cash, to Lawmakers,

A. MERCURY (Dec. 16, 2021), https://www.virginiamercury.com/2021/12/16/northam-presents-final-

budget-flush-with-cash-to-lawmakers/#:~:text=Oliver%2FVirginia%20Mercury)-

,Gov.,strengthening%20the%20public%20retirement%20fund.

120

VA. OFF. OF EDUC., 2022-2024 BIENNIAL BUDGET. See Budget Bill - HB 30 Item 137, LIS,

https://budget.lis.virginia.gov/item/2022/1/HB30/Introduced/1/137/ (last visited Sept. 28, 2023).

121

Markus Schmidt, Is This The End of Crumbling Schools?, CARDINAL NEWS (Jan. 3, 2022),

https://cardinalnews.org/2022/01/03/is-this-the-end-of-crumbling-schools/.

122

VA. OFF. OF EDUC., supra note 120.

123

Budget Bill - HB 30 Item 137, supra note 121. VA. DEP'T OF EDUC., supra note 107.

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contained $1.25 billion in new resources available to school divisions for

school construction during the biennium.

124

This included raising the Literary

Fund to $400 million, providing $400 million in flexible formula-based

grants to every school division, and investing an initial $450 million into the

School Construction Assistance Program.

125

Legislators also approved H.B. 563 and S.B. 473,which created the School

Construction Fund and School Construction [Assistance] Program funded

through the Appropriation Act.

126

To provide ongoing resources, the

legislation directed 98% of the state’s casino revenues towards this

program.

127

It further required the VDOE to provide school boards with data

tools like the DGS’s Real Estate and Assets Management system (as

recommended by the Commission) to plan and reserve funds for school

renovations and construction more effectively.

128

The Appropriation Act also

supported creating an additional full-time VDOE employee to administer the

program

and funding to enhance data collection on public school buildings.

129

H.B. 563 and S.B. 473 passed the House of Delegates by a margin of 94-0 on

June 1, 2022, and passed the Senate by a margin of 39-0 on June 17, 2022.

130

The legislation was approved by Governor Youngkin on August 4, 2022,

with an effective date of July 1, 2023.

131

124

COMMONWEALTH OF VA. H. APPROPRIATIONS COMM. & S. FIN. & APPROPRIATIONS COMM. ,

SCH. CONSTR. - SUMMARY OF ACTIONS, Gen. Assemb., 2022 Spec. Sess. I at 2 (2022). See generally

Budget Bill - HB 30 Item 137, supra note 120.

125

Budget Bill - HB 30 Item 135 #15c, LIS, https://budget.lis.virginia.gov/amendment/2022

/2/HB30/Introduced/CR/137/15c/ (last visited Sept. 28, 2023).

126

H.B. 563, 2022 Gen. Assemb., Spec. Sess. I. (Va. 2022); S.B. 473, 2022 Gen. Assemb., Spec.

Sess. I (Va. 2022).

127

See H.B. 563, 2022 Gen. Assemb., Spec. Sess. I (Va. 2022); S.B. 473, 2022 Gen. Assemb., Spec.

Sess. I (Va. 2022).

128

H. 563, 2022 Gen. Assemb., Spec. Sess. I (Va. 2022).

129

Budget Amendments - HB 30 Item 135 #3c, LIS, https://budget.lis.virginia.gov/amendment/2022

/2/HB30/Introduced/CR/135/3c/ (last visited Sept. 28, 2023); Id. at #1c.

130

H.B. 563, 2022 Gen. Assemb., Reg. Sess. (Va. 2022); S. 473, 2022 Gen. Assemb., Reg. Sess. (Va.

2022).

131

H.B. 563, 2022 Gen. Assemb., Reg. Sess. (Va. 2022); S. 473, 2022 Gen. Assemb., Reg. Sess. (Va.

2022).

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A. Literary Fund Investments and Accessibility

The Appropriation Act conference report and former Senator McClellan’s

S.B. 471 included the changes recommended to the Literary Fund by the

Education and Treasury departments, as agreed to by the Commission.

132

Other than the actual funding of the Literary Fund (which was handled

through the Appropriation Act), the legislation enacted changes increasing

the maximum loan amount from $7.5 million to $25 million, benchmarking

and limiting loan interest rates (for division’s with low LCI scores),

authorizing the Board of Education to remove inactive projects from the

Literary Fund loan waiting list after five years, and providing a $5 million

loan add-on not for school consolidation projects.

133

While language regarding the recommendation to assist with closing costs

was included in the introduced bill, it was stripped from the report of the

conference committee in June 2022.

134

S.B. 471 passed the House of

Delegates by a margin of 89-0, and the Senate by a margin of 39-0 on June

17, 2022.

135

The legislation was approved by Governor Youngkin on August

4, 2022, with an effective date of July 1, 2023.

136

B. 1% Sales Tax Legislation Failed

The recommendation of the Commission to authorize all localities (in

addition to the nine that then had the authority) to hold voter referendums on

an additional 1% sales tax did not pass during this session and has been one

of the more contested legislative proposals regarding school construction,

with many Republicans opposed to any kind of tax increase.

137

On January

11, 2022, former Senator McClellan introduced S.B. 472 and Delegate

Hudson introduced H.B. 531 to implement the recommendation.

138

S.B. 472

passed the Senate by a margin of 28-12 but was tabled by a House Finance

Subcommittee on February 25, 2022.

139

H.B. 531 was also stalled by the same

132

See VA Senate Passes Bipartisan School Construction Bills (Feb. 14, 2022), BLUE VA.,

https://bluevirginia.us/2022/02/va-senate-passes-bipartisan-school-construction-bills.

133

S. 471, 2022 Gen. Assemb., Reg. Sess. (Va. 2022).

134

Budget Amendments - HB 30 Item 137 #16c, LIS, https://budget.lis.virginia.gov/amendment/2022

/2/HB30/Introduced/CR/137/16c/ (last visited Sept. 28, 2023).

135

S. 471, 2022 Gen. Assemb., Reg. Sess. (Va. 2022).

136

Id.

137

Michael Martz, ‘Major Topic of Session’: Senate Pushes House School Construction Loan Bill

Toward Negotiations, R

ICH. TIMES DISPATCH (Mar. 2, 2022), https://richmond.com/news/state-and-

regional/govt-and-politics/major-topic-of-session-senate-pushes-house-school-construction-loan-bill-

toward-negotiations/article_26774997-9053-54d3-8131-50af12b1e8fe.html.

138

S. 472, 2022 Gen. Assemb., Reg. Sess. (Va. 2022); H.D. 531, 2022 Gen. Assemb., Reg. Sess. (Va.

2022).

139

SB 472 Retail Sales & Use Tax; Additional Local; Use of Revenues for Construction or

Renovation of Schools, LIS, https://lis.virginia.gov/cgi-bin/legp604.exe?221+sum+SB472 (last visited

Sept. 17, 2023).

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86 RICHMOND PUBLIC INTEREST LAW REVIEW [Vol. XXVII: i

House Finance Committee on January 28, 2022.

140

While presenting her bill to the House Finance Subcommittee, former

Senator McClellan expressed support for the legislation as another tool for

localities given the breadth of need across the Commonwealth saying, “I

appreciate that there is $500 million on the table in the Senate budget, and a

loan program planned that could produce $2 billion, but that’s a drop in the

bucket for the over $28 billion in school construction and renovation needs

across the Commonwealth.”

141

In advocating for the local option, Senator

Creigh Deeds (D-Bath) also pointed to the overwhelming needs across the

state and the need to “let these individual localities decide for themselves.”

142

Responding to the testimony in favor of the proposal, Delegate Kathy Byron

(R-Bedford County) said that lawmakers are “trying to return extra tax

dollars at a time when people really need it” and that it would be

“counterproductive to turn around and ask for more.”

143

C. Standards of Quality Revisions Deferred

To enact the recommendation to “[d]irect the Board of Education to make

recommendations to the General Assembly for revisions to the Standards of

Quality to establish standards for operations and maintenance of and new

construction of public school buildings,” Senator Stanley introduced S.B. 603

on January 12, 2022.

144

The Senate Finance and Appropriations Public

Education Subcommittee debated this bill on February 8, 2022.

145

Senators McClellan and Stanley spoke to the importance of having

standards for school buildings, noting that ongoing maintenance reduces

costs in the future. Senator Dick Saslaw (D-Fairfax) responded that the topic

should be carried over to the next session while the legislature awaited the

JLARC report on Virginia’s K-12 Funding Formula.

146

The subcommittee

adopted a recommendation to carry over the bill to the 2023 session by a

140

HB 531 Sales and Use Tax, Additional Local; Revenues to Support Construction or Renovation

of Schools, LIS, https://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+H1003V0002+HB0531 (last

visited Sept. 17, 2023).

141

Hearing on Senate 472 Before the Finance. Subcommittee, 2022 Gen. Assemb., Reg. Sess. (Va.

2022), https://sg001-harmony.sliq.net/00304/harmony/en/PowerBrowser/PowerBrowserV2/20220225/-

1/14329?startposition=20220225075326&viewMode=2&globalStreamId=4#people_(statemen

t of Sen. Jennifer McClellan).

142

Markus Schmidt, House Panel Rejects Bills Allowing Localities to Levy Sales Tax for School

Construction, C

ARDINAL NEWS (Feb. 25, 2022), https://cardinalnews.org/2022/02/25/house-panel-

rejects-bills-allowing-localities-to-levy-sales-tax-for-school-construction/.

143

Id.

144

S. 603, 2022 Gen. Assemb., Reg. Sess. (Va. 2022).

145

Hearing on S. 603 Before the K-12 Educ. Subcomm., 2022 Gen. Assemb., Reg. Sess. (Va. 2022),

https://virginia-senate.granicus.com/MediaPlayer.php?view_id=3&clip_id=4930.

146

Id.

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margin of 3-2.

147

D. Unexpended Funds & Incentive Recommendations Tabled by House

The final legislative recommendation of the Commission related to school

boards and their authority and obligations, was to grant school boards more

authority over their fund balances, while also incentivizing better

collaboration with local governing bodies.

148

Senator Stanley introduced S.B. 276, and Delegate Jeff Bourne (D-

Richmond) introduced H.B. 608 on January 11, 2022, to permit school boards

“[t]o finance capital projects with any funds appropriated to it by the local

governing body that are unexpended by the school board in any year.”

149

This

legislation had been previously considered by the General Assembly but was

now a recommendation of the Commission. S.B. 276 was incorporated into

former Senator McClellan’s S.B. 481 on February 9, 2022.

150

H.B. 608 was

tabled by a House Education Subcommittee by a margin of 5-3 on February

2, 2022.

151

Former Senator McClellan introduced S.B. 481 and Delegate Shelly

Simonds (D-Newport News) introduced H.B. 251 on January 11, 2022, to

establish collaborative agreements between local governing bodies and

school boards to use unexpended funds to finance school maintenance,

renovation, or construction in the local school division.

152

The bill

incentivized these agreements by declaring that, “[a]ny school board that fails

to enter into such a collaborative agreement [would be] ineligible to

participate in any state grant, loan, or bond program that supports school

maintenance, renovation, or construction.”

153

When Delegate Simonds presented H.B. 251 to the House Education

Subcommittee on Early Childhood and Innovation on February 2, 2022, she

147

Id.

148

COMM’N ON SCH. CONSTR. AND MODERNIZATION, DIV. OF LEGIS. SERVICES, AGENDA, 2023 Gen.

Assemb., Reg. Sess. (Va. 2021) (adopted at the Dec. 1, 2021 meeting).

149

S. 276, 2022 Gen. Assemb., Reg. Sess. (Va. 2022); H.D. 608, 2022 Gen. Assemb., Reg. Sess. (Va.

2022).

150

S. 481, 2022 Gen. Assemb., Reg. Sess. (Va. 2022); SB 276 School Boards; Unexpended Local

Funds for Capital Projects, LIS, https://lis.virginia.gov/cgi-bin/legp604.exe?ses=221&typ= bil&val=

sb276 (last visited Sept. 25, 2023).

151

HB 608 School Boards; Unexpended Local Funds for Capital Projects, LIS (Feb. 02, 2022),

https://lis.virginia.gov/cgi-bin/legp604.exe?221+sum+HB608.

152

S. 481, 2022 Gen. Assemb., Reg. Sess. (Va. 2022); H.D. 251, 2022 Gen. Assemb., Reg. Sess. (Va.

2022).

153

S. 481, 2022 Gen. Assemb., Reg. Sess. (Va. 2022); H.D. 251, 2022 Gen. Assemb., Reg. Sess. (Va.

2022).

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offered a substitute bill that removed the financial penalty.

154

Delegate John

Avoli expressed his concern that local governing bodies might need to retain

unexpended funds for other purposes and should retain their ability to do

so.

155

The Virginia Association of Counties, and the Virginia Municipal

League, supported the substitute bill’s provisions to maintain local

authority.

156

Without further discussion, H.B. 251 was stalled by the

subcommittee on February 2, 2022, by a margin of 5-3.

157

S.B. 481, after having incorporated S.B. 276 and unanimously passing the

Senate on February 11, 2022, was considered by the same House Education

Subcommittee on Early Childhood and Innovation.

158

The Virginia

Association of State Superintendents, the Virginia School Boards

Association, and the Virginia Education Association all expressed support in

addition to prior proponents. Delegate Mike Cherry (R-Colonial Heights)

expressed concern that this would inappropriately insert the state into local

decision making, and Delegate William Wampler (R-Abingdon)

concurred.

159

The bill was laid tabled by the House Education Subcommittee

on February 23, 2022, by a margin of 4-3.

160

VI. R

ESPONSE TO THE 2022 SESSION

Once the budget was approved by the General Assembly, many legislators

and leaders celebrated. “I think we’ve made a gigantic stride this year, and

it’s going to really pay off for a whole lot of school divisions,” said Delegate

Israel O’Quinn (R-Washington County), who took on a leading role in the

House advocating with his colleagues.

161

Delegate O’Quinn further remarked

154

See Hearing on H.B. 251 Before the Early Childhood-Innovation Subcommittee, 2022 Gen.

Assemb., Reg. Sess. (Va. 2022), https://sg001-harmony.sliq.net/00304/harmony/en/PowerBrowser/Power

BrowserV2/20220202/-1/14196?startposition=20220202175159&mediaEndTime=20220202180159&

viewMode=2&globalStreamId=4 (statement of Del. Shelly Simonds); H.D. 251, 2022 Gen. Assemb., Reg.

Sess. (Va. 2022) (offering amendment in the nature of a substitute).

155

See Hearing on H.B. 251 Before the Early Childhood-Innovation Subcommittee, supra note 154

(statement of Del. John Avoli).

156

See id.

157

HB 251 School Boards and Local Governing Bodies; Unexpended Local Funds, etc., LIS (Feb.

02, 2022), https://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+H0903V0037+HB0251.

158

See Hearing on S.B. 481 Before the Early Childhood-Innovation Subcommittee, 2022 Gen.

Assemb., Reg. Sess. (Va. 2022), https://sg001-harmony.sliq.net/00304/harmony/en/PowerBrowser/

PowerBrowserV2/20220223/-1/14305?startposition=20220223084044&mediaEndTime=2022

0223085044&viewMode=2&globalStreamId=4.

159

See id. (Statement of Del. Mike Cherry and Del. William Wampler).

160

SB 481 School Boards and Local Governing Bodies; Unexpended Local Funds Use for School

Maintenance, etc., LIS (Feb. 23, 2022), https://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+H0903

V0042+SB0481.

161

Schmidt, supra note 6.

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in an interview with the Cardinal News, “pretty much all school construction

has been falling on the localities for a long time, and to go from what I would

characterize as basically zero dollars up to, wholly leveraged, $3.1 billion, is

a massive jump.”

162

The outlet also reported, “Bristol City Schools

Superintendent Keith Perrigan, who also serves as president of Virginia’s

Coalition of Small and Rural Schools, said that he was ‘thrilled’ that the state

is now ‘an active participant in improving learning environments’ in the

Commonwealth.”

163

Amidst the welcomed new investments, some legislators still noted some

of the measures that failed. Former Senator McClellan noted the missed

opportunity of allowing localities to raise the sales tax, saying it was

“particularly frustrating because we kept hearing throughout the budget

process that school construction is a local matter, and yet we didn’t give them

the tools to help them raise that money.”

164

Ultimately, legislators expressed

perspectives that the legislative actions of the 2022 session were a major step

forward in addressing the issue of school construction after years of

inaction.

165

They also noted the bipartisan nature of the issue and the need for

continued progress.

166

VII. C

OMMISSION DECEMBER 2022 MEETING

167

When the Commission next met on December 1, 2022, they reviewed the

status of the 2021 recommendations, received a report on the implementation

of the School Construction Assistance Program, and adopted legislative

recommendations for the 2023 Regular Session of the General Assembly.

168

During the meeting, and consistent with the Board of Education’s

Appropriation Act for School Construction Assistance Program, they

adopted the following recommendations:

162

Id.

163

Id.

164

Id.

165

Id.

166

Id.

167

COMM’N ON SCH. CONSTR. AND MODERNIZATION, supra note 148.

168

COMM’N ON SCH. CONSTR. AND MODERNIZATION, supra note 148; COMM’N ON SCH. CONSTR.

AND

MODERNIZATION, DIV. OF LEGIS. SERVICES, RECOMMENDATIONS ADOPTED BY THE COMM’N, 2023

Gen. Assemb., Reg. Sess. (Va. 2022) (adopted at the Dec. 1, 2022 meeting); see generally S

TAFF OF THE

H. APPROPRIATIONS COMM. AND S. FIN. & APPROPRIATIONS COMM., SCH. CONSTR. - SUMMARY OF

ACTIONS, 1st Spec. Sess. (Va. 2022); see generally VA. DEP'T OF EDUC., OVERVIEW OF BOARD OF EDUC.

GUIDELINES FOR IMPLEMENTING THE SCH. CONSTR. ASSISTANCE PROGRAM IN THE 2022-2024 BIENNIUM,

https://studiesvirginiageneralassembly.s3.amazonaws.com/meeting_docs/documents/000/001/623/origin

al/VDOE_Presentation_12.1.22.pdf?1670006578 (Dec. 1, 2022).

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1. Either (a) use multiple years of composite index and fiscal stress data

for determining the 10%, 20%, or 30% grant award amounts to recognize

changing local economic conditions or fluctuating data values from a single

year, or (b) use the most favorable of the latest or multi-year data. Currently,

only the latest composite index and fiscal stress data are used in determining

the grant amounts to divisions.

2. Making school projects where construction began July 1, 2022, or after,

eligible for application to the School Construction Assistance Program,

consistent with Board of Education intent for its final guidelines.

3. Making the principal portion of future debt service payments on school

projects, where construction is pending or just begun, an allowable cost with

grant funding.

169

The Commission further adopted renewed recommendations that

authorized a new, up-to-1% local sales tax for all counties and cities with

revenues solely used for school construction and renovation projects; and an

additional $2.5 billion in funding from the Appropriation Act for the School

Construction Grant and Assistance Program—$500 million for

entitlement/direct in School Construction Grant Program and $2 billion for

competitive grants in School Construction Assistance Program.

170

Another recommendation, adopted by the Commission in concept,

required a minimum local effort for capital maintenance programs and for

school boards to include in any capital improvement plans a minimum 1.5%

capital asset replacement value commitment target to avoid major

replacement costs in the future.

171

Finally, the Commission supported a

Section 1 bill to direct the Board of Education to make recommendations to

the General Assembly for revisions to the Standards of Quality to establish

standards for operations, maintenance, and new construction of public school

buildings.

172

VIII. 2023

BUDGET IMPASSE AND LIMITED LEGISLATIVE ACTION

A. Funding and Amendments to the FY24 Budget

When Governor Youngkin introduced his amendments to the FY24

Appropriation Act, he did not include any changes to existing school

169

COMM’N ON SCH. CONSTR. AND MODERNIZATION, supra note 148.

170

Id.

171

Id.

172

Id.

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construction funding programs, or any new funding for the purpose of school

construction grants.

173

When the House Appropriations Committee and

Senate

Finance Committee approved their amendments to the Governor’s

budget on February 5, 2023, there were few changes.

174

The House included the Commission’s recommendations to amend several

provisions of the School Construction Assistance Program, including:

(i) adding the principal portion of debt service payments on projects that

have not yet been completed as an eligible use,

(ii) clarifying that any project that began construction after July 1, 2022,

may qualify for grant funds,

(iii) allowing the most favorable year among three years of fiscal stress

index data to be used to determine the grant award amounts instead of only

the current year’s data, and

(iv) requiring the program guidelines to address joint grant applications

for regional school construction projects.

175

Although the amendment was drafted differently, the Senate included the

same Commission recommendations in its committee-approved budget

amendments.

176

The Senate also included an amendment to allow school

divisions to use School Construction Grant Funds for regional programs and

joint regional schools, and a contingent allocation of $100 million for school

construction grants.

177

In regard to the Commission’s recommendation to include additional

funding of $2.5 billion from the Appropriation Act for the School

Construction Grant and Assistance Program, no action was taken on the only

proposal—a budget amendment introduced by former Senator McClellan—

to provide such funding.

178

173

SENATE FIN. & APPROPRIATIONS COMM., OVERVIEW OF PUBLIC EDUCATION PROPOSED BUDGET

6 (2023), https://sfac.virginia.gov/pdf/education/2023/01122023_No1_K-12%20Overview%20SFAC

%20SB%20800%20Summary%20of%20Amendments.pdf; see H.B. 1400, 2023 Gen. Assemb., Reg.

Sess. (Va. 2023) (as introduced); C

OMMONWEALTH OF VA. OFF. OF EDUC., 2022-2024 BIENNIAL BUDGET

5-7.

174

See HOUSE APPROPRIATIONS SUBCOMM. ON ELEMENTARY & SECONDARY EDUC., REPORT OF THE

HOUSE APPROPRIATIONS SUBCOMMITTEE ON ELEMENTARY & SECONDARY EDUCATION: HOUSE BILL

1400, 19-20 (2023), https://budget.lis.virginia.gov/sessionreport/2023/1/2395.

175

Budget Amendments - HB1400, LIS, https://budget.lis.virginia.gov/amendment/2023/1/HB1400

/Introduced/CA/137/2h/ (last visited Sept. 19, 2023) (Committee Approved).

176

Id.

177

Budget Amendments - SB800 (Committee Approved), LIS, https://budget.lis.virginia.gov/

amendment/2023/1/SB800/Introduced/CA/137/16s/ (last visited Sept. 19, 2023); S

ENATE FIN. &

APPROPRIATIONS COMM. VA. GEN. ASSEMB., REPORT OF THE SUBCOMMITTEE ON K-12 EDUCATION 2

(2023), https://budget.lis.virginia.gov/sessionreport/2023/1/2382.

178

S. 1124, 2023 Gen. Assemb., Reg. Sess. (Va. 2023).

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After a budget impasse this year where the General Assembly initially

adopted a “skinny budget” that corrected a public education funding error

and made technical adjustments to other non-education related matters, the

General Assembly eventually passed amendments to the FY24

Appropriations Act in a Special Session on September 6, 2023.

179

The budget

was approved by Governor Youngkin on September 14, 2023.

180

Unfortunately, the final approved budget did not include the House and

Senate committee-approved revisions to the School Construction Assistance

Program that were considered in the Regular Session in February 2023.

181

The only provision related to school infrastructure that was approved in the

budget was $20 million in targeted flexible grants to school divisions to

support school security equipment and renovations.

182

B. 1% Sales Tax and Income Tax Legislation

Legislators introduced multiple pieces of legislation to allow localities to

have voter referendums on 1% local sales and use taxes for the purpose of

school construction and modernization.

183

H.B. 2316 and S.B. 1408 would

have authorized all localities to hold such referendums and impose the tax.

184

They also introduced other bills to grant authority to specific localities

including Albemarle County (S.B. 1287), the City of Charlottesville (S.B.

1287), the City of Newport News (H.B. 2442) and Prince Edward County

(H.B. 1605) to hold referendums and impose the tax.

185

All legislation failed

in a House Finance Subcommittee, either on unrecorded votes or party-line

votes, with Republicans opposed to the proposals.

186

An additional bill related to taxation, H.B. 2176, was introduced on

January 11, 2023, by Delegate Mark Sickles (D-Franconia).

187

The

legislation would have directed 5% of a locality’s individual income tax

179

H.B. 6001, 2023 Gen. Assemb., Reg. Sess. (Va. 2023).

180

H.B. 6001 Budget Bill, LIS, https://lis.virginia.gov/cgi-bin/legp604.exe?ses=232&typ=bil&val=

hb6001 (last visited Nov. 26, 2023).

181

See Budget Bill – HB 6001 (Ch. 1) Item 137, LIS, https://budget.lis.virginia.gov/item/2023

/2/HB6001/Chapter/1/137/ (last visited Nov. 26, 2023).

182

See VA. HOUSE APPROPRIATIONS COMM., Overview of House Bill 6001 (Sept. 6, 2023),

https://hac.virginia.gov/committee/files/2023/9-6-23%20SSI/Consolidated%20Powerpoint

%20for%20Conference%209-1-2023.pdf/.

183

See e.g., H.B. 2316 Sale and Use Tax, Local; Additional Tax Authorized in All Counties & Cities

to Support Schools, LIS, https://lis.virginia.gov/cgi-bin/legp604.exe?231+sum+HB2316 (last visited Nov.

26, 2023).

184

H.B. 2316, 2023 Gen. Assemb., Reg. Sess. (Va. 2023); S. 1408, 2023 Gen. Assemb., Reg. Sess.

(Va. 2023).

185

S. 1287, 2023 Gen. Assemb., Reg. Sess. (Va. 2023); H.B. 2442, 2023 Gen. Assemb., Reg. Sess.

(Va. 2023); H.B. 1605, 2023 Gen. Assemb., Reg. Sess. (Va. 2013).

186

S. 1287, 2023 Gen. Assemb., Reg. Sess. (Va. 2023); H.B. 2442, 2023 Gen. Assemb., Reg. Sess.

(Va. 2023); H.B. 1605, 2023 Gen. Assemb., Reg. Sess. (Va. 2023).

187

H.B. 2176, 2023 Gen. Assemb., Reg. Sess. (Va. 2023).

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revenues to be distributed to the locality for the purpose of school

construction or renovation purposes.

188

The bill failed in a House Finance

Subcommittee on January 27, 2023, by a margin of 5-3.

189

C. Standards of Quality

This year, the Commission’s recommendation to “[d]irect the Board of

Education to make recommendations to the General Assembly for revisions

to the Standards of Quality to establish standards for operations,

maintenance, and new construction of public school buildings” was

successfully enacted.

190

Delegate Simonds introduced H.B. 2307 on January

11, 2023, and Senator Stanley introduced S.B. 1124 on January 10, 2023.

191

H.B. 2307 failed to report from a House Education Subcommittee on January

24, 2023, by a margin of 3-5.

192

S.B. 1124, however, was received more favorably by the House Education

Committee after passing the Senate unanimously on February 3, 2023.

193

The

bill reported from the House Education Committee by a margin of 20-1 on

February 8, 2023, and passed the full House of Delegates by a margin of 84-

15 on February 13, 2023.

194

After passing the General Assembly, Governor Youngkin made a

recommendation to allow an additional six months before the Board of

Education is required to submit recommendations to the General

Assembly.

195

The General Assembly concurred in the recommendation and

the Board of Education is now required to submit its recommendations for

amendments to the Standards of Quality by July 1, 2024.

196

D. Local Funds and School Maintenance Capital Targets

Delegate Simonds introduced H.B. 2399 on January 17, 2023, to

implement the Commission’s 2021 recommendation, “[t]o permit any school

board to finance capital projects with any funds appropriated to it by the local

governing body that are unexpended by the school board in any year.”

197

The

legislation failed to report from a House Education Subcommittee by a

188

Id.

189

Id.

190

S. 1124, 2023 Gen. Assemb., Reg. Sess. (Va. 2023).

191

H.B. 2307, 2023 Gen. Assemb., Reg. Sess. (Va. 2023); S. 1124, 2023 Gen. Assemb., Reg. Sess.

(Va. 2023).

192

H.B. 2307, 2023 Gen. Assemb., Reg. Sess. (Va. 2023).

193

S. 1124, 2023 Gen. Assemb., Reg. Sess. (Va. 2023).

194

Id.

195

Id.

196

Id.

197

H.B. 2399, 2023 Gen. Assemb., Reg. Sess. (Va. 2023).

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margin of 3-5 on January 24, 2023.

198

Legislation to enact the Commission’s

recommendation to, “[r]equire a minimum local effort for capital

maintenance programs and require school boards to include in any capital

improvement plans a minimum 1.5% capital asset replacement value

commitment target to avoid major replacement costs in the future” also

failed.

199

Delegate Simonds introduced H.B. 1694 on January 9, 2023, and Senator

Jeremy McPike (D-Woodbridge) introduced S.B. 1045 on January 8, 2023.

200

Their legislation would have placed the requirement on school boards to

establish and include in any multi-year capital improvement plan, a school

building maintenance capital target of at least 1.5% of the average

replacement value of such buildings.

201

While S.B. 1045 passed the Senate

unanimously on January 24, 2023, both bills failed while under consideration

by the House Education Committee.

202

E. Renewable Energy Generation

While not a recommendation of the Commission, legislation was

introduced during the 2023 session directing the Commission, “[i]n

consultation with the Department of Energy, to develop and make

recommendations on strategies to assist interested school divisions with

incorporating renewable energy generation facilities in the construction or

renovation of school buildings.”

203

H.B.1852 was introduced by Delegate

Suhas Subramanyam (D-Ashburn) on January 10, 2023, and S.B. 848 was

introduced by Senator Barbara Favola (D-Arlington) on December 28,

2022.

204

While S.B. 848 passed unanimously by the Senate on February 2,

198

Id.

199

H.B. 1694, 2023 Gen. Assemb., Reg. Sess. (Va. 2023); S.B. 1045, 2023 Gen. Assemb., Reg. Sess.

(Va. 2023); Commission on School Construction and Modernizations Makes Recommendations to the

General Assembly, V

A. ASS'N OF COUNTIES (Dec. 13, 2022), https://www.vaco.org/county-

connections/commission-on-school-construction-and-modernizations-makes-recommendations-to-the-

general-assembly/.

200

H.B. 1694, 2023 Gen. Assemb., Reg. Sess. (Va. 2023); S. 1045, 2023 Gen. Assemb., Reg. Sess.

(Va. 2023).

201

H.B. 1694, 2023 Gen. Assemb., Reg. Sess. (Va. 2023); S. 1045, 2023 Gen. Assemb., Reg. Sess.

(Va. 2023).

202

H.B. 1106 School Boards; School Building Maintenance Reserves., LIS, https://lis.virginia.

gov/cgi-bin/legp604.exe?231+sum+HB1694 (last visited Sept. 17, 2023); S. 1045 School Boards; School

Building Maintenance Capital Target., LIS, https://lis.virginia.gov/cgi-bin/legp604.exe?231+sum+

SB1045 (last visited Sept. 17, 2023).

203

H.B. 1852, 2023 Gen. Assemb., Reg. Sess. (Va. 2023); S. 848, 2023 Gen. Assemb., Reg. Sess.

(Va. 2023).

204

H.B. 1852, 2023 Gen. Assemb., Reg. Sess. (Va. 2023); S. 848, 2023 Gen. Assemb., Reg. Sess.

(Va. 2023).

Richmond Public Interest Law Review, Vol. 27, Iss. 1 [2023], Art. 6

https://scholarship.richmond.edu/pilr/vol27/iss1/6

2023] THE SUCCESS OF ESTABLISHING LEGISLATIVE COMMISSIONS 95

2023, both bills failed to report from the House Appropriations Committee.

205

CONCLUSION

Of the Commission’s eighteen total recommendations since its creation,

including the Literary Fund recommendations from the Departments of

Education and Treasury, nine have been implemented and nine have failed.

Action in 2023 was extremely limited as a result of the budget impasse that

was focused on tax policy and other education funding policy decisions

unrelated to school construction.

206

More advocacy will be needed in future

sessions to secure additional school construction and modernization reform

and investment, as budget priorities easily shift from year to year.

While not all proposals have passed, considerable changes and new

investments have been made to support localities with school construction

costs, notably with the creation of the School Construction Assistance

Program. On May 11, 2023, the Virginia Board of Education approved the

first set of grants through the program.

207

For Richmond Public Schools, the

awarded four grants, totaling $27.6 million, was a significant boon to the

division’s ability to modernize several facilities, and assist with the

unexpected expense of rebuilding William Fox Elementary School which

burned down in February 2022.

208

This outcome was one of many that were hoped for in creating the

Commission on School Construction and Modernization. Overall, the

Commission should be considered successful in meeting its purpose. In the

years prior to its creation, very little legislative action took place. After its

creation and its recommendations, the Commonwealth has taken a stronger

role in supporting localities and school divisions and continues to consider

additional investments and reforms.

205

H.B. 1852 Public School Bldgs. & Facilities; Construction & Renovation, Renewable Energy

Generation Facility, LIS, https://lis.virginia.gov/cgi-bin/legp604.exe?231+sum+HB1852 (last visited

Sept. 17, 2023); S. 848 Public School Bldgs. & Facilities; Construction & Renovation, Renewable Energy

Generation Facility, LIS, https://lis.virginia.gov/cgi-bin/legp604.exe?231+sum+SB848 (last visited Sept.

17, 2023).

206

Sarah Vogelsong, What’s in Virginia’s Long-Delayed 2023 Budget Deal, VA. MERCURY (Sept. 5,

2023), https://www.virginiamercury.com/2023/09/05/whats-in-virginias-long-delayed-2023-budget-

deal/.

207

Commonwealth of Virginia Board of Education, Minutes for Meeting on May 11, 2023, VA. DEP’T

EDUC. (2023), https://www.doe.virginia.gov/home/showpublisheddocument/46449/638246970401370

000.

208

School Construction Assistance Program - Recommended School Project Grant Awards (May 11,

2023), V

A. DEP’T EDUC., https://www.doe.virginia.gov/home/showpublisheddocument/44517

/638192554907570000 (last visited Sept. 17, 2023); Jason Kamras, RPS Direct May 16, 2023, R

ICHMOND

PUBLIC SCHS., https://t.e2ma.net/message/v2ovfk/vum8h7m.

Stanley: The Success of Establishing Legislative Commissions to Address Co

Published by UR Scholarship Repository, 2023

96 RICHMOND PUBLIC INTEREST LAW REVIEW [Vol. XXVII: i

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Richmond Public Interest Law Review, Vol. 27, Iss. 1 [2023], Art. 6

https://scholarship.richmond.edu/pilr/vol27/iss1/6