~ Herring’s legislative package helped to make 2020 the most progressive legislative session in Virginia history, includes bills that will make Virginia’s criminal justice system more fair, equal, and just; protect vulnerable communities; protect consumers, and more ~
Attorney General Mark R. Herring’s legislative package, which helped to make the 2020 General Assembly session the most progressive in Virginia history, is set to go into effect tomorrow, July 1st. Attorney General Herring’s package includes bills that will make Virginia’s criminal justice system more fair, just, and equal; protect vulnerable communities; make Virginia an even more open and welcoming community; and more. Additionally, Attorney General Herring’s package included comprehensive consumer protection reforms that will go into effect in January 2021, after Attorney General Herring asked Governor Northam to move the effective date up earlier citing the need to better protect Virginians during these difficult financial times brought on by the COVID-19 pandemic.
“Tomorrow, when these new, progressive bills take effect, it will be a new day in Virginia. I have fought for these measures and reforms for years, even when the General Assembly was led by Republicans who would block our every move,” said Attorney General Herring. “With things like decriminalizing possession of small amounts of marijuana, we are creating a more fair, just, and equal Virginia. We were able to pass comprehensive consumer protections so that Virginians can take out certain kinds of small-dollar loans without falling into a vicious cycle of debt and high-interest rates. Vulnerable communities can now feel confident in knowing that their Commonwealth is behind them and ready to protect them from hate or other threats.
“Virginians voted last November for commonsense gun reform and this year we were finally able to deliver. For too long, too many Virginians were losing their lives at the end of a gun and Republicans were okay with keeping that status quo. Our communities and our families and loved ones are now safer because of these new gun safety measures like the one-handgun-a-month law, that I successfully defended in court just last week; a red flag law; and universal background checks.
“I want to thank my colleagues in both the Senate and the House for helping to pass my priorities this year. And I look forward to seeing how much more we are able to accomplish next year.”
“Virginia’s approach to cannabis hasn’t been working for far too long, needlessly saddling Virginians, especially Black Virginians and people of color, with criminal records. Those days are now behind us,” said Attorney General Herring. “With this historic legislation, we are making Virginia a more just, fair, equal, and progressive place. While decriminalization is an important first step on Virginia’s path, we cannot stop until we have full legalization in the Commonwealth.
“I want to thank my colleagues in the Senate and the House for helping me make this a top priority and I look forward to the progress that Virginia will make on this issue in the coming years.”
Attorney General Herring has become the leader on cannabis reform in Virginia following his call for decriminalization of small amounts of marijuana, action to address past convictions, and a move towards legal and regulated adult use. In his call for cannabis reform, he cited the unnecessary negative impact of a criminal conviction for possession, the expense and social costs of enforcing the current system, and the disparate impact on African Americans and people and communities of color. In December 2019, Attorney General Herring held a cannabis summit for policymaking stakeholders in Virginia that focused on policy and included experts from attorneys generals’ offices, state agencies, and legislative operations in states that have legalized cannabis, as well as cannabis policy experts.
Protecting Vulnerable Communities
The General Assembly passed Attorney General Herring’s package of legislation that he says will better protect Virginians and vulnerable communities from hate crimes and white supremacist violence. The bills will update the Commonwealth’s definition of a hate crime, protect Virginians from violence and intimidation by hate groups and white supremacists, and make it harder for hate groups and white supremacists to threaten, intimidate, or hurt Virginians with firearms.
Additionally, the General Assembly passed House Bill 6 (Delegate Jeff Bourne) that added discrimination on the basis of a person’s income to the list of unlawful discriminatory housing practices and House Bill 1663 (Delegate Mark Sickles) that creates explicit causes of action for unlawful discrimination in public housing and employment under the Virginia Human Rights Act.
The General Assembly also passed House Bill 704 (Delegate Mark Keam) that provides that there will be a policy in Virginia that promotes environmental justice.
“It is so important to make sure that vulnerable communities throughout Virginia know that their elected officials and their state stands behind them, ready to protect them, their families, and their fundamental rights,” said Attorney General Herring. “It is incredibly gratifying this year to finally have my hate crimes and white supremacist violence legislation passed after many years of being held up in committee by Republicans in the General Assembly.”
“Preventing discrimination, both in housing and in unemployment, as well as putting policies in place that will promote environmental justice here in Virginia are all crucial elements to building stronger, more inclusive communities. I am proud I was able to help get this important legislation passed.”
Attorney General Herring’s hate crimes and white supremacist violence legislative package is below:
Updating Virginia’s definition of “hate crime”: This bill will create protections against hate crimes committed on the basis of gender, sexual orientation, gender identity, or disability. (House Bill 618 Delegate Ken Plum)
Empowering the Attorney General to prosecute hate crimes: This bill will allow the Attorney General to prosecute hate crimes through the Commonwealth’s network of multijurisdictional grand juries. (House Bill 787 Delegate Lamont Bagby)
Prohibiting Paramilitary Activity: This bill will further restrict the kind of paramilitary activity by white supremacist militias and similar groups that were seen in Charlottesville in August 2017 (Senate Bill 64 Senator Louise Lucas)
Firearms at Permitted Events: This bill authorizes communities to ban firearms in a public space during a permitted event or an event that would otherwise require a permit. (Senate Bill 35 Senator Scott Surovell)
Protecting Virginia Consumers
This year, Attorney General Herring supported two bills (House Bill 789 Delegate Lamont Bagby and Senate Bill 421 Senator Mamie Locke) that were passed by the General Assembly that will enact comprehensive predatory lending reforms in Virginia. The legislation tightens the rules on exploitative predatory lenders and closes easily abused loopholes so that Virginia borrowers are afforded protections regardless of the type of loan they seek. It will also give Attorney General Herring’s Predatory Lending Unit more tools to enforce these new protections and better combat predatory lenders operating in the Commonwealth. These bills will go into effect January 2021 after Attorney General Herring asked Governor Northam to move the effective date earlier citing the need to better protect Virginians during these difficult financial times brought on by the COVID-19 pandemic.
Attorney General Herring also supported House Bill 1553 (Delegate Rodney Willett) that will further protect Virginia borrowers by putting tighter restrictions and regulations on debt settlement service providers.
“This much needed comprehensive consumer protection legislation closes easily abused loopholes and tightens the rules on exploitative predatory lenders ensuring that Virginia borrowers do not have to worry about falling into a cycle of debt and high-interest rates if they take out certain kinds of loans,” said Attorney General Herring. “Virginia consumers deserve to be protected during every phase of the loan process and this comprehensive legislation will help with that.”
Firearms on School Property
Attorney General Herring’s bill House Bill 1080 (Delegate Patrick Hope) further clarifies that only trained, authorized individuals may carry a gun at schools. This bill follows an opinion Attorney General Herring put out that concluded that schools could not designate just anyone as a special conservator of the peace and allow them to carry a firearm on school property.
“Our kids deserve to go to school in a safe, secure learning environment. Adding guns and armed, unqualified individuals to our classrooms and our schools does not align with that goal,” said Attorney General Herring. “The last thing we need to do to keep our children safe is to put more guns in schools and in the hands of untrained, unqualified personnel. I hope we can all work together to continue to find safe, effective ways to make our schools safe and welcoming places for our kids to learn and grow.”
In-State Tuition for DREAMers
In 2014, Attorney General Herring sent a letter to the State Council of Higher Education in Virginia, the presidents of Virginia’s colleges and universities, and the chancellor of the Virginia Community College System advising that Virginia students who are lawfully present in the United States under DACA quality for in-state tuition.
This year, Attorney General Herring supported House Bill 1547 (Delegate Alfonso Lopez) that further clarifies that any student is eligible for in-state tuition, regardless of citizenship status, as long as they have fulfilled the necessary requirements.
“Every student deserves in-state tuition in their own home state, regardless of what their citizenship status is,” said Attorney General Herring. “I hope that knowing that their right to in-state tuition is now protected in Virginia code and no one will be able to deny them a higher education will give DREAMers peace of mind.”
Driver’s License Suspension
Attorney General worked with the General Assembly this year to ensure that there was a permanent fix that ended Virginia’s license suspension policy and strongly supported Senate Bill 1 (Senator Stanley).
“No one should have their license suspended just because they are unable to immediately pay their fines,” said Attorney General Herring. “This was a bad policy from the start and it disproportionately affected minority communities and I’m pleased we were able to change it.”
Attorney General Herring has pushed for legislation that will give localities the ability to remove, relocate, or contextualize Confederate monuments and statues and Senate Bill 183 (Senator Mamie Locke) will do just that.
“These grandiose Confederate monuments memorialize one of the darkest periods in Virginia history and they represent oppression and injustice to so many who call our Commonwealth home,” said Attorney General Herring. “Giving localities the ability to remove or contextualize their monuments will allow these communities to tell their own stories – an important step on Virginia’s path to becoming even more open and welcoming.”
Last fall, Attorney General Herring sent a memo to clerks of the court around Virginia explaining that state law “does not require a clerk to refuse to issue a marriage license when the applicant declines to identify his or her race and that clerks should issue a license regardless of an applicant’s answer or non-answer to that inquiry.” Along with the memo, clerks also received a newly updated marriage license form that gave applicants the option to decline to answer a question about the applicant’s race.
Since issuing the memo, Attorney General Herring has been advocating to have the question about an applicant’s race removed from the marriage license application altogether. House Bill 180 (Delegate Mark Levine) removes all requirements that an individual’s race be included on any kind of marriage record, divorce report, or annulment report.
“It was never clear why any of these records and forms included a question about the applicant’s race,” said Attorney General Herring. “I’m glad my office was able to initially find a solution by changing the forms and now this new legislation will change it in Virginia code.”
Attorney General Herring has made it a priority to strengthen enforcement of animal cruelty and other animal-related crimes. This year, Attorney General Herring’s Senate Bill 114 (Senator David Marsden) will put certain animal care statutes under the Virginia Consumer Protection Act and give the Office of the Attorney General even more tools to protect animals.
In 2015, Attorney General Herring created the nation’s first OAG Animal Law Unit to serve as a training and prosecution resource for state agencies, investigators, and Commonwealth’s Attorneys around the state dealing with matters involving animal fighting, cruelty, and welfare. Illegal animal fighting is closely tied to illegal gambling, drug, and alcohol crimes, and violence against animals has been shown to be linked to violence towards other people.
“Individuals who harm or kill animals are truly disgusting, and oftentimes these types of crimes can lead to other, more serious crimes as well,” said Attorney General Herring. “I am incredibly proud of the fantastic work my Animal Law Unit has done to crack down on animal abuse and cruelty and I am glad we will now have even more tools in our toolbox to go after these terrible crimes.”
Blue Ridge Wildlife Center Patient of the Week: Eastern Screech Owl
What inspired you to help wildlife? For many, it was this beautiful owl, Dopey.
Dopey is a red-morph eastern screech owl who was admitted as a nestling in 2013, after being found on the ground and unable to be re-nested.
When he was placed in an outdoor enclosure with other young screech owls, he was often found on the ground and seemed unaffected by our presence. As he continued to mature, other neurological issues, such as seizures, developed, preventing him from surviving in the wild.
Because he was unable to survive on his own, and was comfortable and low-stress in captivity, we decided to permanently care for him at the Center.
Dopey is one of our 22 Wildlife Ambassadors and is part of our education team!
Our ambassadors are imperative to our mission at Blue Ridge Wildlife Center: to teach others how to be good stewards of our natural world. Seeing native wildlife live and in-person allows people to truly appreciate our native species. That love and appreciation ultimately develops into a desire to help our native wildlife and ecosystems so that we can all take advantage of the biodiversity, land use, and health benefits of healthy ecosystems.
But we need your help to get our awesome Wildlife Ambassadors to more educational events.
We currently rely on staff and volunteer vehicles to bring our ambassadors to programs and this greatly limits how many of the animals we can safely transport and how far we can take them. Your donation TODAY will go towards purchasing a van to transport our animal ambassadors, like Dopey, to educational programs.
Help us teach children and adults to appreciate and respect our native wildlife with your donation today.
This van will allow all our animal ambassadors to be safely transported and allows plenty of space for biofacts and other educational materials to make our programming as effective as possible. Our ambassadors, staff, and volunteers are grateful for your support!
WC DECA celebrates three of its Alumni during DECA Month
Each year, during November which is National DECA Month, the Warren County DECA shares the success stories of three of their alumni. We are pleased to introduce to you three of our recent alumni and how DECA helped prepare for their post-secondary experiences.
Makayla Grant (2021). As a WCHS DECA member, Makayla competed at the district and state levels. She was the chapter’s Vice-President of Recruitment and Engagement. Makayla is also the initial recipient of the Dr. Leonard F. Maiden DECA Scholarship which is given annually to a graduating WCHS DECA senior. Makayla is currently a second-year student at Virginia Commonwealth University. She had this to say about her DECA experiences.
“DECA has prepared me for college primarily because I was given ample opportunities to practice professionalism, presentation skills, and interviewing skills. I was a member for three years and the VP of recruitment and engagement for one year. Today I’m a Sophomore Business Foundation’s student at Virginia Commonwealth University with projections to concentrate in Product and Brand Marketing. My time in DECA helped give me the confidence and preparation to currently become a Teaching Assistant, a member of Business Student Ambassadors (at VCU), and secure two part time jobs in the Richmond area.”
Michael Kelly (2021). As a WCHS DECA member, Michael competed at the district, state, and national levels. Michael’s greatest contribution to the chapter was serving as Co-Manager of DECA Tailgaters, one of the chapter’s School-Based Enterprise (SBE) which received a Gold standard certification from National DECA. Michael is currently a second –year student at James Madison University. He had this to say about his DECA experiences.
“DECA has helped me tremendously and the numerous skills I learned from Mr. Gardner and my advisors have really translated to life after graduation. Through DECA I have gained an immense amount of confidence that I use toward anytime I have to publicly speak, present a project, or interview for a job/internship. Not only did DECA teach me how to present myself, but it improved my critical thinking ability as well as my ability to lead. Every employer wants a leader that’s not just reactive, but proactive as well, and by the time any DECA member walks across the graduation stage they have become the embodiment of the chapter’s motto “Improvise. Adapt. Overcome.” I will continue to use the skills I learned in DECA to reach my goal of getting my Juris Doctorate and eventually working for the CIA, FBI, or DOD.”
Emily Mawson (2022). Serving as her chapter’s president during her senior year, Emily also competed at the district, state, and national levels. She was a state winner during both her junior and senior years. Emily is also a recipient of the Dr. Leonard F. Maiden DECA Scholarship Currently, Emily is a freshman at West Virginia University. She had this to say about her DECA experiences.
“Last year, I had the pleasure of serving as Warren County DECA’s chapter president. During my term, I produced one of the most successful seasons our chapter has ever seen. We broke records at the district, state, and national level. I’m incredibly proud of the work we produced as a chapter. I spent two years in DECA, and as a freshman at West Virginia University, I am a proud alumni of the organization. I’m currently studying psychology and criminology at West Virginia University, with a focus in behavioral analysis. My chapter and advisor encouraged me to chase my dreams and even provided a $1000.00 scholarship to jumpstart my education.
Without DECA, I would not be the person I am today. DECA encourages leadership, organization, team work, and professionalism. These are all qualities that employers and higher education institutions look for in students and employees. Many of the core aspects of DECA are transferable to different areas of life. I’ve used the education provided by DECA in my educational and professional life. DECA allowed me to grow as a leader, encouraging me to be an active listener and use my creative background to improve every project I worked on.
Many of the essays on college applications I filled out asked how I responded under pressure. A fair majority of the prompts asked me to describe a hardship or how I overcame a difficult decision. Application committees aren’t necessarily asking about your past, but how you respond under pressure. DECA provides instruction and opportunities to teach young adults about maintaining professionalism and overcoming adversity. That alone has helped me more than anything else.
During my first semester at West Virginia University, I was able to secure a job at Milan Puskar Stadium. During football season, I was hired to work in premium seating as part of hospitality management. The education provided by DECA allowed me to be well informed of the industry I was working in. During my senior year, I worked on a project based in project management, hospitality, and entrepreneurship. My time in DECA has served me well professionally.
DECA has allowed me to accomplish many things. I’ve secured jobs, received scholarships, and performed at a higher rate in projects because of this incredible organization. This important educational opportunity has transformed me as a person, and I cannot repay my chapter, or my advisor, Mr. Richard Gardner.”
Warren County owed over $1.5 million in delinquent personal property and real estate taxes
“Nothing is certain but death and taxes.” That oft-used phrase was penned by Benjamin Franklin in 1789, and it holds true today.
Taxes are something almost every citizen deals with. Taxes fund our government and the services it provides. In the Commonwealth of Virginia, residents pay federal income taxes, real estate taxes, and personal property taxes, among others.
Warren County is tasked with collecting both real estate and personal property taxes biannually. Most citizens get their payments in on time, though not everyone complies. Warren County Treasurer Jamie Spiker said in a recent interview that the COVID pandemic proved hard on many, and because of that, the County opted to suspend its practice of placing holds on Virginia DMV vehicle registration renewals of drivers who were delinquent on tax payments. Municipalities also stopped other collection efforts, such as placing liens on taxpayer bank accounts and on employers’ paychecks to tax-delinquent employees.
Spiker said DMV holds will begin again in the Spring of 2023, noting that bank and employer liens were reinstated earlier this year. “Some accounts are hard to collect on if they are not employed in Virginia; they registered their vehicles in another state or in another name,” Spiker continued.
Regarding the delinquent personal property tax list, Spiker said, “Without giving actual information on specific accounts, some of the delinquents listed [on the delinquent personal property list] are either making payments, have Warrant in Debts, and/or DMV holds.“ She said some of those on the list have actually paid their back taxes since the list was produced on Oct. 3. Because of the additional monthly interest added to past-due accounts, Spiker said some balances on delinquent accounts that are making payments do not reflect much change.
As of Oct. 3, Warren County was owed over $266,000 in back personal property taxes, according to the Warren County Delinquent Personal Property database. The County has over $1.3 million in Real Estate taxes that remained uncollected as of that date. Warren County maintains a database that lists the unpaid amount for each real estate parcel by owner name and another list for delinquent personal property tax, also displayed by name.
As for real estate taxes, those accounts that are past due since 2019 were turned over to collection firms in 2022. The local firm Pond Law Group collects on past-due accounts whose last names begin with A-L. Richmond-based Taxing Authority Consulting Services (TACS) collects delinquent accounts whose last names begin with M-Z.
Ms. Spiker explained that once the collection firm gets a past-due file, real estate owners are contacted and asked for payment. Taxpayers have the option of paying fully at once or arranging a payment plan. If neither of those options is worked out, the firms begin the process that leads to a sale of the property to pay back taxes.
Tax auctions were not held in 2020 due to COVID, Spiker said, though they were restarted in 2021. There was one auction in 2021 and one in 2022. Moving forward, Warren County will have at least four delinquent property auctions annually, with each firm committed to having two per year.
Despite over a million dollars in real estate revenue remaining uncollected, Spiker says she would love to have a collections person in the Treasurer’s office, something that has been requested for almost every budget year, though such a collections position has never been approved.
Spiker said of having an in-house collector, “I feel like the position would pay for itself.” The salary for such a position could range from $35,000-$60,000, depending on qualifications. She says if the position is not approved in the next budget year, she would pursue other options, such as hiring a part-time employee or switch to an agency that handles personal property as well as real estate collections.
With delinquent taxes for real estate alone north of $1.3 million, can the Warren County Board of Supervisors afford not to add a collections position?
Blue Ridge Wildlife Center Patient of the Week: Pileated Woodpecker
This female Pileated woodpecker came into care this week after a suspected vehicle collision.
She was having difficulty breathing due to bleeding in the lungs and she was suffering from head trauma. After 24 hours on oxygen support, this bird improved in demeanor and breathing.
Pileated woodpeckers are the largest woodpecker species in North America, with females reaching over 14oz in weight, 19 inches long, with a wingspan of 30 inches!
The majority of their diet is made up of insects, typically found in dead trees. Pileated woodpeckers leave rectangular holes in the trees that other birds later use as nests.
Woodpeckers have special and fascinating anatomy—they have extremely strong, chisel-like beaks designed for high-impact drilling.
Also, their tongues are incredibly long (almost a third of their body length) with barbed edges to help the reach deep into drilled holes to pull out tasty insects!
Check out this video, which shows the patient boring holes into a dead log in search of wood-boring insects, like grubs and ants.
This illustration by Denise Takahashi depicts a great example of a woodpecker’s hyoid apparatus, the cartilage and bone that support the tongue. In woodpeckers, the hyoid curves all the way around the back of the skull so they have plenty of room to store their long tongues!
We are happy to report that after a week in pre-release caging, this patient fully recovered and was released!
Looking for an easy way to help native wildlife? Become a monthly BRWC donor! For as little as $5/month, you can provide year-round, sustainable support that helps us fulfill our mission.
Buckle up and travel safely this Thanksgiving
For many Virginians, gathering with family and friends is the true meaning of Thanksgiving. Some will even travel long distances to share in these wonderful family moments. Just as important as it is to make sure those pies and casseroles make it to the dinner table safely, motorists also need to make their own safety a priority. Virginia State Police is reminding all drivers and passengers of all ages to buckle up this holiday weekend. Preliminary data show that 54% of those who have died in traffic crashes this year were not wearing a seatbelt or safety restraint.*
“The fact that more than half of those who have lost their lives in traffic crashes this year were not wearing a seatbelt is a tragic and inexcusable reality for Virginia,” said Colonel Gary T. Settle, Virginia State Police Superintendent. “Your family wants you to arrive safely, and clicking a seatbelt can help that happen. Virginia State Police and your loved ones want you to arrive at your destination safely – ditch distractions, comply with posted speed limits, never drive buzzed or drunk, and, again, always buckle up.”
To further prevent traffic deaths and injuries during the Thanksgiving holiday, the Virginia State Police will once again be participating in Operation C.A.R.E. – Crash Awareness and Reduction Effort. As part of the state-sponsored national program, state police will be increasing its visibility and traffic enforcement efforts during the five-day statistical counting period that begins at 12:01 a.m. on Wednesday, Nov. 23, 2022, and concludes at midnight Sunday, Nov. 27, 2022.
The 2021 Thanksgiving Operation C.A.R.E. initiative resulted in troopers citing 5,127 speeders and 1,565 reckless drivers statewide. Virginia troopers charged 65 drivers for driving under the influence (DUI) of alcohol and/or drugs and cited 477 drivers for failing to buckle up themselves and/or juvenile passengers.
There were five traffic fatalities during the 2021 five-day Thanksgiving statistical counting period and 12 traffic fatalities during the same period in 2020.
This year, the Thanksgiving Holiday C.A.R.E. initiative falls within the annual “Click It or Ticket” campaign. This enforcement and the educational initiative aim to further emphasize the lifesaving value of seat belts for every person in a vehicle.
With increased patrols, Virginia State Police also reminds drivers of Virginia’s “Move Over” law, which requires motorists to move over when approaching an emergency vehicle stopped alongside the road. If unable to move over, drivers are required to pass the emergency vehicle cautiously. The law also applies to workers in vehicles equipped with amber lights.
*Source: Virginia Highway Safety Office, Virginia Department of Motor Vehicles. The percentage of crashes in vehicles equipped with safety restraints.
WCPS begins addressing instructional materials with sexually explicit content
Local school boards across the state have until January 1, 2023, to adopt either model policies from the Virginia Department of Education (VDOE) that ensure parents are notified about instructional materials with sexually explicit content or their own policies, which “may be more comprehensive.”
Warren County Public Schools (WCPS) is working on its policy and procedure for notifying parents when instructional materials being used in the classroom have sexually explicit content and will specifically update Policy IIA-R of the Instruction section of the WCPS Policy Manual.
During the Warren County School Board’s Wednesday, November 16 work session, WCPS staff discussed Policy IIA-R and adding language to it that’s consistent with the VDOE’s “Model Policies Concerning Instructional Materials with Sexually Explicit Content.”
VDOE’s 10-page document details the policies the department developed as required by Senate Bill 656, which was enacted by the 2022 Virginia General Assembly, and became effective on August 4.
VDOE’s model policies say that parents will be notified at least 30 days in advance if any instructional materials with sexually explicit content will be used in their child’s classroom. Parents at that time can review the materials. The state policy says that school principals must maintain current lists by grade and subject of sexually explicit instructional materials on school websites.
Additionally, VDOE’s model policies note that provisions in the new state law “shall not be construed as requiring or providing for the censoring of books in public elementary and secondary schools, or the designation of instructional material as sexually explicit based solely upon the sexual orientation of the characters contained therein.”
School boards also should adopt policies “which empower parents to exercise their right to decide whether the use of sexually explicit content in instructional materials is appropriate for their child,” according to VDOE’s model policies.
The draft WCPS policy, which the school division’s attorney helped craft, closely follows VDOE’s model policies. For example, WCPS plans to use the same definitions for sexually explicit content, parent(s), and instructional material(s).
WCPS policy also coincides with VDOE model policies that say that at least 30 days prior to the use of any instructional materials with sexually explicit content, principals shall provide written notice to parents that “specifically identifies the instructional materials with sexually explicit content; informs parents of their right to review such instructional materials; and informs parents of their right to have their child use, in a non-punitive manner, alternative, instructional materials that do not include sexually explicit content.”
WCPS policy also says that principals shall provide online access for parental review of instructional materials that include sexually explicit content “unless not technically feasible or prohibited by copyright protection. Schools shall also have available at the school for parent review all instructional materials that include sexually explicit content.”
WCPS Superintendent Christopher Ballenger and WCPS Assistant Superintendents Heather Bragg and George “Buck” Smith asked for input from School Board members on the proposed WCPS policy and procedure.
“Let’s just make this as easy for parents as humanely possible,” said School Board member Melanie Salins about copyrighted materials that parents may want to review.
Ballenger said he’ll check with the school district’s attorney about what is allowable under copyright law regarding access to instructional materials with sexually explicit content, and what potential liability might exist for WCPS.
Ballenger also told board members that he has asked Bragg and Smith to put a committee together that will consist of an administrator, counselor, librarian, and teacher from each elementary, middle, and high school level. The committee members will discuss the process WCPS needs to have in place regarding notifying parents about any instructional material with sexually explicit content, he said.
Ballenger also said that WCPS staff might unintentionally “miss some things” when it posts online the list of instructional materials with sexually explicit content. To help minimize any oversights, the school district’s policy and procedure will include how a parent — who comes across such material that isn’t already listed on the WCPS website — might then bring it to the attention of WCPS staff for evaluation and action.
School Board Chair Kristen Pence (above) asked if the WCPS procedure would differ from a challenge that a parent might make to a book that he or she objects to and wants to be removed from a school. And she asked if the new procedure would just address how a parent would alert WCPS staff to potential sexually explicit content in instructional material that might need to be listed online.
Yes, said Ballenger, this policy is different than the challenge policy, and he pointed out that just because instructional material with sexually explicit content is listed online, that “doesn’t keep us from not using it.”
Bragg explained further that if WCPS staff happened to omit from the online list an instructional material containing sexually explicit content, a parent could bring it to their attention, then WCPS would decide if the instructional material meets the definition of having sexually explicit content. If it does, then the material will be listed online.
However, that material’s use would still be allowed in the classroom following the 30-day notice. Bragg said that if a parent doesn’t want his or her child exposed to it, “then we would have to find an alternative assignment or supplement material for that student.”
And if a parent still didn’t want the material being used at all, the parent could take it a step further and, under the WCPS challenge policy, request that the use of that instructional material be removed. “So, it’s kind of a little bit multi-stepped as to how far the parent wants to go,” Bragg said.
“I think the goal should be that the perception has to be open and to do whatever we have to do to get information to parents,” said School Board Vice Chair Ralph Rinaldi.
Ballenger said WCPS plans to “have a comprehensive list online” for parents to review. Bragg added that WCPS has no intention or reason to hide anything from parents.
Once something is identified and put on the list, “we want to be able to do whatever we can to give access,” Ballenger said. “We’ll work through whatever we need to work through.”
No action was taken on the work session item, which will be discussed again at a future School Board meeting.
To view the state’s model policies, go to: https://townhall.virginia.gov/L/GetFile.cfm?File=C:%5CTownHall%5Cdocroot%5CGuidanceDocs_Proposed%5C201%5CGDoc_DOE_6205_20220615.pdf.
To view the proposed WCPS policy, go to: https://go.boarddocs.com/vsba/warren/Board.nsf/files/CL2QNS69325E/$file/Policy%20IIA_revised_10_28_22.pdf.
In other discussions…
Regarding other work session topics, Smith provided the first reading of the proposed 2023-2024 school calendar; the second reading and discussion will be on December 7, and the recommendation for approval will be during the first January 2023 school board meeting.
Highlights of the calendar include:
- August 9, 2023 – First Day of School;
- September 14, 2023 – Parent-Teacher Conference;
- November 20 – 24, 2023 – Fall Break;
- December 22, 2023 – January 3, 2024 – Winter Break for students;
- December 22, 2023 – January 1, 2024 – Winter Break for WCPS staff;
- March 29 – April 5, 2024 – Spring Break; and
- May 23, 2024 – Last Day of School.
Among other work session items, the School Board also discussed the 2023 School Board meeting dates and times and received updates on grounds maintenance, the recent Virginia School Boards Association (VSBA) Delegate Assembly meeting, and the school district’s contract for hiring substitute employees.