Archives 2023

Education Cost and Effectiveness

The Intricate Dance of Funding and Educational Outcomes in the Wake of a Pandemic

In the realm of education, the allocation of resources has always been a topic of fervent discussion. Per Pupil Expenditures (PPE) and, by proxy, teacher salaries often serve as a
barometer for gauging educational investment within the political discourse. However, the question that looms ever larger is whether an increase in PPE invariably leads to enhanced
educational outcomes. This debate has gained even more traction in the wake of the COVID-19 pandemic, which introduced the pressing issue of “learning loss.”

The Cost of Focusing on Cost

It’s a seemingly straightforward equation: more funds should equate to better resources, leading to improved education. With a boost in PPE, schools, in theory, can employ more adept
educators, reduce class sizes, and invest in state-of-the-art technology. Yet, by and large, statistical evidence suggests little to no relationship between increasing educational funding and
measurable benefits to educational outcomes for children.

An interesting example is the district-level spending afforded by the monies in the American Rescue Plan’s Elementary and Secondary School Emergency Relief Fund (ARP ESSER). A
recent working paper published by NBER observed no statistical significance to the effect of ARP ESSER funding categories on the year-over-year changes, positive or negative, in testing
proficiency for both the English Language Arts (ELA) and mathematics. This could be for one of two reasons: the programs are near-universally ineffective, or the programs are near-universally “theoretical,” i.e., unimplemented beyond what was initially required to receive funding.

The observations in this study echo long-standing and oft-replicated research bringing into question the argument that good educational outcomes are a function of high education
spending. Although some spending, whether done publicly or privately, is certainly required to fund any service, the question remains: does increasing funding lead to better outcomes?
Considering the penultimate growth in education funding in contrast with the mild and, at times, inverse progress made in educational outcomes, the answer is, most assuredly, no.

As indicated by NBER’s working paper, the pandemic has added a layer of complexity to this subject. Schools, particularly Virginia schools, face considerable gaps in those foundational
skills children must have to succeed in the modern world. A scorecard tracking education recovery produced collaboratively by Stanford and Harvard Universities provides a record of the
gains or losses in education suffered since the epidemic began. Virginia’s students have suffered more than most other states, with nearly every district behind by approximately 1.5 years in ELA and mathematics by the end of the 2022 school year.

While additional expenditures can potentially address some of these gaps for some kids, the relationship between funding and outcomes is neither linear nor particularly significant. While
we continue to wait to see exactly where the ARP ESSER funding has landed in each district, it is important to recognize that past performance, parental involvement, and teacher autonomy are going to play a comparatively outsized role in whether or not the current generation of students ever recover from the learning loss foisted upon them by poorly considered pandemic
lockdowns.

Money makes the world go-‘round, but not particularly well.

But why isn’t there any consistent correlation between additional funding and increased outcomes? The answer here is simple; funding does not necessarily equate to more resources,
better teachers, or greater opportunities for learning. Funding only guarantees some resources, some teachers, and some opportunities without any consistent assurance of quality.

The key to quality is fundamentally about group incentives. Several key identities are involved in the education system, each operating under dissimilar needs. Teachers may be socially or
morally incentivized to endeavor to become excellent at their job, but collectively, their number one incentive is compensation. Teaching is the way in which they care for their own families,
after all. Administrators are much the same, but as the perceived arbiters of quality control in public and private education, they have an added incentive to avoid regular (or any) interaction
with “abusive” or hyper-involved parents. Teachers’ unions are incentivized to collect more and higher dues. To accomplish this goal, they must be perceived as effective representatives of the
teachers’ interests with their employer. In the case of public instruction, this means an effective apparatus for lobbying the state and tweaking public opinion.

Students are broadly incentivized to graduate, but there is probably a much more disparate series of incentives for students than any other group, given the conventional challenges of maturing in a modern first-world society. Finally, parents, as a group, have the strongest incentive to see real and positive outcomes from their children’s education. Cynically, this might be attributed to a desire for their children to move out as soon as possible or a hope that their children will supplement their care in their old age. More reasonably and charitably, however, parents do genuinely love their children and care very much about their future.

Oddly, the American public school system has successfully divorced the incentives of educators from that of parents as the only interested party with an inherent and near-universal collective
desire for positive educational outcomes. This is, of course, not what we see from other goods and services we utilize for the benefit of our children. Summer camps, tutoring services, toys,
and even snack foods all tend to be provided exactly within the spectrum of quantity and quality that different families are hoping to consume. This is because the incentives of the providers of these goods and services (e.g., to receive compensation and avoid complaints) align directly with the desires of their target consumers (e.g., family-friendly fun, education, enjoyment, or
playtime).

To simplify, third-party payers disconnect the service provider’s incentives from the consumer’s needs. If teachers and administrators rely on the government for the food on their tables, they
have little intrinsic need to perform services to the standards of the average Joe sending their child to school.

What’s going on today?

Of course, effectively zero percent of the American public wants to revisit the decision to have a public education system. Even parents who educate their children at home hope their local public school continues operating as it has. People do, by and large, trust in the good faith efforts of their local teachers and school administrators, and that’s certainly a good thing. But all the outstanding data suggests we could, and should, be doing much better. This said, several interesting experiments being performed around the country have provided additional education
opportunities outside the traditional model with promising levels of success – Education Savings Accounts, tax credits, and Virginia’s own EISTC program, for example. Governor Youngkin’s
recent efforts to provide access to ARP ESSER funding in the form of “learning recovery” grants, directly providing one-time funding to get extra educational help for children who need it,
is a positive step or at least a well-intentioned and considered step, bearing in mind the operational difficulty the program has faced at its outset.

These experiments, although politically challenging to enact regardless of the partisan makeup of a state, stand to provide massive amounts of data and numerous opportunities to refine and
reinvent American education for the better. As anyone who has truly considered the miracles of the internet, Amazon, or even a simple grocery store in the context of world history will know,
choice and accessibility are nearly always the cure for widely divergent beliefs and needs in a civil society. The challenge is that it is much easier for political leaders to see a one-size-fits-all
solution as a viable and necessary option, even when we all recognize that one size doesn’t ever really fit anybody.

Another more concrete difficulty is how the balance of the $2.2 billion ARP ESSER funds has been used or may be used. Although annual reporting was a requirement for receiving federal
funding, the Commonwealth and its districts have reported only how much of the grant has been spent, about $1.7 billion as of the end of the 2022-2023 school year. Virginia does not, however, provide any detail as to what the funding has been used for other than the state and local plans initially submitted to receive the funding. Nor does the state or its various localities seem to indicate whether the activities, personnel, goods, or services purchased have been delivered. As far as fiscal accountability is concerned, the federal government, the average Virginian, and possibly even the state government have been left in the dark.

With the noted exception of Governor Youngkin’s highly visible grant program, the Commonwealth’s rather nonchalant disinterest in public transparency compounds the challenges
that Virginia is facing regarding education, broadly, and learning loss, more particularly. Without the ability to track the use of this money, there is no way to determine what local efforts worked and which did not. If we cannot replicate or reject educational programs based on measures of outcomes in the context of cost, then all the programs are simply moot.

Policy Primer: Regulatory Reform (2023)

The cost of regulation between 1980 and today is estimated to be more than $5 trillion representing a 25% shortfall in would-be economic growth. This number is exceedingly difficult for most people to visualize, so this simple mental exercise can be beneficial in communicating just how much has been lost:

Five million seconds is about 58 days;

Five trillion seconds is 158,440 years.

As anyone can see, this loss of real value to our economy is not insignificant. In response, the Virginia Institute for Public Policy’s regulatory reform initiative proposes the implementation of a Regulatory Budget Program coupled with establishing a Universal Regulatory Sandbox. These measures aim to promote economic growth, innovation, and regulatory efficiency by limiting or eliminating the continued inflation of regulatory requirements while providing an environment where compliance burdens are temporarily removed to enhance and promote experimentation and development of new products, services, and business methodologies in the Commonwealth.

VIPP Policy Primer: Regulatory Reform (2023)

Click HERE to view or download.

Legislative Update: 26 February 2023

Yesterday, Saturday (02.25.2023), the General Assembly adjourned Sine Die, ending the regular legislative session for 2023. Negotiations on the budget failed to reach full fruition, but before they adjourned the assembly members passed what they are calling a “gapstop” budget bill. It is four pages long, and covers a small number of items on which consensus was reached, allowing negotiations to continue in the coming weeks for the remaining controversial items. Governor Youngkin has indicated that as soon as the rest of the budget decisions are determined he will call a special session for the budget vote.

2023 Session Overview Numbers
(Total # of bills and resolutions)

The report below includes bills that fall into alignment with Virginia Institute’s policy recommendations, either for good policy or bad policy, and received a vote in a committee or on the House or Senate Floor last week. 

PRIVACY RIGHTS

HB 1437 & SB 1165: Database Storage of License Plate Info – DEAD
These bills were designed to allow for expanded use of devices that scan vehicle license plates. It would allow devices to be placed on the side of the road that would collect license plate data from every vehicle that passes by, invading the privacy of citizens without their knowledge and without cause. These devices are currently used by law enforcement in some areas of Virginia to find criminals, but this bill expands where and how they are permitted to be used.

The legislators carrying these bills both decided to have their bills sent back to committee, realizing that they would not pass on the Floor. See details below:

  • HB 1437 Status: Previously, this bill passed the House. Last week, HB 1437 was anticipated to receive a Senate Floor vote, but the bill was sent back to the Senate Transportation Committee to die instead.
  • To see bill text and info: Click HERE
  • SB 1165 Status: Previously, this bill passed on the Senate Floor. Last week, SB 1165 received a failing vote on the House Floor; however, after the bill failed there was a successful motion made to reconsider the vote. The next day, SB 1165 was anticipated to receive another Floor vote, but the bill was rereferred back to the House Transportation Committee to die instead. 
  • To see bill text and info: Click HERE

TECH & INNOVATION

HB 1784: Digital Tokens & Decentralized Autonomous Organizations DEAD
This bill would have formalized the use of Decentralized Autonomous Organizations to create an exception from security regulations regarding digital tokens. It would have also removed barriers for small tech companies to start businesses in Virginia, utilizing block-chain and algorithmic technology to increase business efficiency.

  • Bill Status: Previously, this bill passed on the House Floor. Last week, HB 1784 was killed in the Senate Commerce and Labor Committee through the motion to pass by indefinitely.
  • To see bill text and info: Click HERE
Legislative Update: 19 February 2023

Disdain was shown last week by various public servants in the General Assembly for increased parental involvement in K-12 education and alterative education opportunity options. “While we are in favor of parental involvement, some of these bills were just a bridge too far,” Senator Lucas, the Senate Education and Health Committee Chair said. “Our trash can is full because we have dispensed with a lot of those bills today.” See below for details of some of the bills that filled the senate trash cans last week. Of note, in addition to bills killed, a Senate budget amendment was put forward to cut the only school choice program in Virginia, the Education Improvement Scholarship Tax Credit. This cut would exclude from the current program 700 student participants from low and middle income families.

In other news, Monday is the last day for Committees to meet in the 2023 legislative session. The session is scheduled to adjourn Sine Die this Saturday, February 25th.

2023 Session Overview Numbers
(Total # of bills and resolutions)

The report below includes bills that fall into alignment with Virginia Institute’s policy recommendations, either for good policy or bad policy, and received a vote in a committee or on the House or Senate Floor last week.

K-12 EDUCATION

HB 1821: Expansion of Education Improvement Scholarship Tax Credit – DEAD
This bill expands the Education Improvement Scholarship Tax Credit (EISTC) program, which provides education grants to children from low income families.

  • Bill status: Previously, this bill passed on the House Floor. Last week, it was killed in the Senate Finance and Appropriations Committee.
  • Bill text, history, and information: Click HERE
  • Video about the EISTC program

HB 1507: Parental Rights and School Transparency – DEAD
This bill reiterates and protects parental rights and provides parents with more education transparency in schools.

  • Bill status: Previously, this bill passed on the House Floor. Last week, this bill was killed in the Senate Education and Health Committee.
  • Bill text, history, and information: Click HERE

HB 1909: Opportunity Classrooms  – DEAD
If passed, this bill would establish the Opportunity Classroom program for schools. It would allow a teacher or a parent (with the support of a teacher) to establish an agreement with the school board to teach an alternative curriculum in a classroom designated for that purpose in a school.

  • Bill status: Previously, this bill passed on the House Floor. Last week, this bill was killed in the Senate Education and Health Committee.
  • Bill text, history, and information: Click HERE

ELECTIONS

HB 1444: Requirement for Photo ID – DEAD
This bill seeks to establish a variety of measures to increase the security of elections, including requiring an excuse for absentee voting, better voter ID requirements, requiring mailed ballots to be returned on or before the close of polls on election day, and reducing the number of in-person early voting days to 7 days prior to an election.

  • Bill status: Previously, this bill passed on the House Floor. Last week, this bill was killed in the Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE

HB 1680: Same Day Voter Registration – DEAD
This legislation would require individuals who register to vote on Election Day or soon before Election Day to sign a statement affirming they will only cast one ballot.

  • Bill status: Previously, this bill passed on the House Floor. Last week, the bill was killed in the Senate Privileges and Elections Committee.
  • Bill text, history, and informationClick HERE

HB 1693: Ballot Drop Box Ban – DEAD
This bill would prohibit the use of Drop Box locations to return a mailed ballot.

  • Bill status: Previously, this bill passed on the House Floor. Last week, the bill was killed in the Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE

HB 1793: DMV Voter Information Transfer – DEAD
This bill would help maintain accurate voter information that is collected from voter visits to the DMV. It proposes to require permission from the DMV customer before any relevant voter information is transferred from the DMV to the Department of Elections.

  • Bill status: Previously, this bill passed on the House Floor. Last week, the bill was killed in the Senate Privileges and Elections Committee.
  • Bill text, history, and informationClick HERE

HB 1877: Reduced Early In-Person Voting – DEAD
This bill would reduce the in-person absentee voting timeframe from 45 days to 14 days.

  • Bill status: Previously, this bill passed on the House Floor. Last week, the bill was killed in the Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE

HB 1947: Repeal Permanent Absentee Ballot List  – DEAD
This bill would replace the permanent absentee ballot list with an annual absentee ballot list. An application would need to be completed annually to receive mailed ballots.

  • Bill status: Previously, this bill passed on the House Floor. Last week, the bill was killed in the Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE

HB 1948: Absentee Ballot Verification Method
This bill would replace the current witness signature requirement on a completed absentee ballot with the last four digits of the voter’s Social Security Number (SSN). Although more work needs to be done to ensure that SSNs are verified to belong to the voter, this method would be an improvement to the currently unverified witness signatures on absentee ballots. It also makes it easier for proper completion of an absentee ballot for individuals who live alone.

  • Bill status: Previously, this bill passed on the House Floor. Last week, it passed in the Senate Privileges and Elections Committee and the Senate Floor.
  • Bill text, history, and information: Click HERE

HB 2234: Repeal of Same Day Voter Registration – DEAD
If passed, this bill would eliminate the practice of registering to vote on Election Day and casting a ballot the same day, with a few exceptions (including uniformed service members).

  • Bill status: Previously, this bill passed on the House Floor. Last week, the bill was killed in the Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE

HB 2454: Voter Roll Maintenance | Voter Address Information
Updates –
DEAD
If passed, this legislation would require that local registrars receive information monthly about voters who have moved to a new address or who need their voter registration changed or removed. This would be a positive change to enable a more accurate voter roll on a consistent basis.

  • Bill status: Previously, this bill passed on the House Floor. Last week, the bill was killed in the Senate Privileges and Elections Committee.
  • Bill text, history, and informationClick HERE

SB 1180: Private Interests Funding Elections – DEAD
This legislation seeks to repeal critical aspects of the prohibition on private funding in elections that the General Assembly passed on a bipartisan basis last year. It would allow local registrars to solicit grants from non-governmental entities to fund election administration and train election officials.

  • Bill status: Previously, this bill passed on the Senate Floor. Last week, it was killed in the House Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE

DONOR PRIVACY

SB 854: Nonprofit Donor Names Disclosure – DEAD
This bill would require nonprofit donors’ names to be displayed on public ads when they support a referendum and in certain cases if the nonprofit has a score card for legislators. Online public documents already disclose these donors, but displaying their names on ads would make them exceptionally more vulnerable to be targeted and doxed.

  • Bill status: Previously, this bill passed on the Senate Floor. Last week, this bill was killed in the House Privileges and Elections Subcommittee #2.
  • Bill text, history, and information: Click HERE
Legislative Update: 12 February 2023

Tuesday was a newsworthy day in the Virginia General Assembly. Not only was it Crossover, but Tuesday evening the Senate voted on Governor Youngkin’s nominees to various positions in state government. Three nominations were blocked, including Virginia’s Health Commissioner Collin Greene, parole board member Steven Buck, and education board member Suparna Dutta. There was also some controversy on the Floor over the nomination of Susan Beals, Virginia’s Commissioner of Elections, but the vote to confirm her nomination was successful. Click HERE to access the video of the Floor votes and debates regarding these nominees of the Governor (the nominee section of the video is from about 07:42:00 through 9:35:00).

2023 Session Overview Numbers
(Total # of bills and resolutions)

The report below includes bills that fall into alignment with Virginia Institute’s policy recommendations, either for good policy or bad policy, and received a vote in a committee or on the House or Senate Floor last week.  

K-12 EDUCATION

HB 1821: Education Improvement Scholarship Tax Credit Expansion
This bill expands the Education Improvement Scholarship Tax Credit (EISTC) program, which provides education grants to children from low income families.

  • Bill status: Previously, this bill passed in several germane House committees. Last week, this bill passed on the House Floor and was referred to the Senate Committee on Finance and Appropriations. It is anticipated to be on a committee agenda in the near future.
  • Bill text, history, and information: Click HERE
  • Video about the EISTC program

REGULATORY REFORM

HB 2347: Regulatory Budget
This bill establishes the Regulatory Budget Program to help Virginia’s state agencies reduce the amount of regulations that come from their department in a two-year period. If passed, the bill would have an expiration date of  January 2027.

  • Bill status: Previously, this bill passed on the House Floor and was referred to the Senate Committee on General Laws and Technology. It was killed last week in committee through the motion to pass by the bill indefinitely with a letter requesting a study of the problem.
  • Bill text, history, and information: Click HERE

HB 1784: Digital Tokens & Decentralized Autonomous Organizations
This bill formalizes the use of Decentralized Autonomous Organizations to create an exception from security regulations regarding digital tokens. It will remove barriers for small tech companies to start businesses in Virginia, utilizing block-chain and algorithmic technology to increase business efficiency.

  • Bill status: Previously, this bill passed the House Commerce and Energy Committee. Last week, this bill passed on the House Floor and was referred to the Senate Committee on Commerce and Labor. It is anticipated to be on a committee agenda in the near future.
  • To see bill text and info: Click HERE

ELECTIONS

HB 1680: Same Day Voter Registration
This legislation would require individuals who register to vote on Election Day or soon before Election Day to sign a statement affirming they will only cast one ballot.

  • Bill status: Previously, this bill passed the House Privileges and Elections Committee. Last week, this bill passed the House Floor and was referred to the Senate Privileges and Elections Committee. It is on the agenda to receive a committee vote on Tuesday afternoon, 2/14.
  • Bill text, history, and informationClick HERE

HB 2454: Voter Roll Maintenance – Voter Address Information Updates
If passed, this legislation would require that local registrars receive information monthly about voters who have moved to a new address or who need their voter registration changed or removed. This would be a positive change to enable a more accurate voter roll on a consistent basis.

  • Bill status: Previously, this bill passed the House Privileges and Elections Committee. Last week, this bill passed the House Floor and was referred to the Senate Privileges and Elections Committee. It is on the agenda to receive a committee vote on Tuesday afternoon, 2/14.
  • Bill text, history, and informationClick HERE

HB 1793: DMV Voter Information Transfer
This bill would help maintain accurate voter information that is collected from voter visits to the DMV. It proposes to require permission from the DMV customer before any relevant voter information is transferred from the DMV to the Department of Elections.

  • Bill status: Previously, this bill passed the House Privileges and Elections Committee. Last week, this bill passed the House Floor and was referred to the Senate Privileges and Elections Committee. It is on the agenda to receive a committee vote on Tuesday afternoon, 2/14.
  • Bill text, history, and informationClick HERE

DONOR PRIVACY

SB 854: Nonprofit Donor Names Disclosure
This bill would require nonprofit donors’ names to be displayed on public ads when they support a referendum and in certain cases if the nonprofit has a score card for legislators. Online public documents already disclose these donors, but displaying their names on ads would make them exceptionally more vulnerable to be targeted and doxed.

  • Bill status: Previously, this bill passed on the Senate Floor and was referred to the House Privileges and Elections Committee. It is anticipated to be on a committee agenda in the near future.
  • Bill text, history, and information: Click HERE
Legislative Update: 5 February 2023

Friday was the last day for a bill to be brought forward for a committee vote with sufficient time remaining for the bill to receive a vote on the House Floor before the Crossover deadline of Tuesday, February 7th. Signifying this last dash, the House Floor is convening today, on Sunday, to have bills read for the first time that were passed in committees on Friday so that those bills can be read for the third time on Tuesday and meet the deadline.

2023 Session Overview Numbers
(Total # of bills and resolutions)

K-12 EDUCATION

HB 1909: Opportunity Classrooms 
If passed, this bill would establish the Opportunity Classroom program for schools. It would allow a teacher or a parent (with the support of a teacher) to establish an agreement with the school board to teach an alternative curriculum in a classroom designated for that purpose in a school.

  • Bill status: Previously, this bill passed in a House Education subcommittee and the House Education Committee. Last week, it passed on the House Floor. It is anticipated to be assigned a committee in the Senate this week.
  • Bill text, history, and information: Click HERE

HB 1508: Education Success Accounts
If passed, this bill would establish Education Success Accounts (ESA) for Virginia students leaving the public school system. It would put parents in the driver’s seat by giving them access to a portion of public education dollars allotted to their student to be utilized for costs like private school tuition or homeschool curriculum. ESAs allow dollars to follow each student, instead of funding systems.

  • Bill status: Previously, this bill passed in a House Education subcommittee and the House Education Committee. Last week, it was passed in a House Appropriations subcommittee and was sent to the House Appropriations Committee, where they referred it back to the House Education Committee.
  • Bill text, history, and information: Click HERE

HB 1821: Education Improvement Scholarship Tax Credit Expansion
This bill expands the Education Improvement Scholarship Tax Credit (EISTC) program, which provides education grants to children from low income families.

  • Bill status: Previously, this bill passed in a House Education subcommittee and the House Education Committee. Last week, it passed in a House Finance subcommittee, the House Finance Committee and the House Appropriations Committee. It is on the House First Reading Calendar today and is anticipated to receive a House Floor vote this week.
  • Bill text, history, and information: Click HERE
  • Video about the EISTC program

HB 1507: Parental Rights and School Transparency
This bill reiterates and protects parental rights and provides parents with more education transparency in schools.

  • Bill status: Previously, this bill passed in a House Education subcommittee and the House Education Committee. Last week, it passed on the House Floor and was referred to the Senate Committee on Education and Health.
  • Bill text, history, and information: Click HERE

REGULATORY REFORM

HB 1758: Universal Regulatory Sandbox 
If passed, this legislation would create the Virginia Regulatory Sandbox Program. This program would facilitate a stronger free market and accelerated innovation by establishing an application process by which individuals may be granted a waiver from one or more state laws or regulations to make a desired product, use a desired production method, or provide a service.

  • Bill status: Previously, this bill passed in a House General Laws subcommittee and the House General Laws Committee. Last week, this bill was passed by indefinitely (killed) in a House Appropriations subcommittee.
  • Bill text, history, and information: Click HERE

HB 2347: Regulatory Budget
This bill establishes the Regulatory Budget Program to help Virginia’s state agencies reduce the amount of regulations that come from their department in a two-year period. If passed, the bill would have an expiration date of  January 2027.

  • Bill status: Previously, this bill passed in the House General Laws Committee. Last week, this bill passed on the House Floor and was referred to the Senate Committee on General Laws and Technology. It is anticipated to be on a committee agenda in the near future.
  • Bill text, history, and information: Click HERE

HB 1784: Digital Tokens & Decentralized Autonomous Organizations
This bill formalizes the use of Decentralized Autonomous Organizations to create an exception from security regulations regarding digital tokens. It will remove barriers for small tech companies to start businesses in Virginia, utilizing block-chain and algorithmic technology to increase business efficiency.

  • Bill status: Previously, this bill passed a House Commerce and Energy subcommittee. Last week, this bill passed the House Commerce and Energy Committee. It is anticipated that this week the bill will receive a vote on the House Floor.
  • To see bill text and info: Click HERE

ELECTIONS

SB 1180: Private Interests Funding Elections
This legislation seeks to repeal critical aspects of the prohibition on private funding in elections that the General Assembly passed on a bipartisan basis last year. It would allow local registrars to solicit grants from non-governmental entities to fund election administration and train election officials.

  • Bill status: Previously, this bill passed the Senate Privileges and Elections Committee. Last week, it passed on the Senate Floor. It is anticipated to be referred to a House Committee this week.
  • Bill text, history, and information: Click HERE

SB 1380: Ranked Choice Voting Expansion
If passed, this bill would expand Ranked Choice Voting (RCV) in Virginia. Currently, this method of elections is only allowed for City Council and Board of Supervisors elections.

Ranked choice voting disconnects elections from issues and allows candidates with marginal support to win. It comes in multiple formats, some of which are a nightmare to count accurately, severely inhibiting transparency. It also disenfranchises voters, because ballots that do not include the two ultimate finalists are cast aside.

  • Bill status: Last week, this bill was passed by indefinitely (killed) in the Senate Privileges and Elections Committee.
  • SB 1380 text, history, and informationClick HERE

SB 884: Election Reforms
This bill establishes many measures to increase the security of elections, including repealing same day voter registration, requiring an excuse for absentee voting, better voter ID requirements, making ballot harvesting illegal, and more.

  • Bill status: Last week, this bill was passed by indefinitely (killed) in the Senate Privileges and Elections Committee.
  • Bill text, history, and informationClick HERE

HB 2242: Restricted FOIAs
This bill will prohibit Freedom of Information Act requests to local electoral boards and registrars in a specific timeframe before and after an election. This bill forces Virginia registrars to ban and suppress voters’ rights to public election information for over a third of the year, and in some cases over half of the year, making Virginia the least transparent state in the U.S. for voters seeking information about elections.

  • Bill status: Last week, this bill was stricken from the docket (killed) in a House General Laws subcommittee.
  • Bill text, history, and informationClick HERE

HB 1847: Locality Election Audits
This bill would improve current election auditing options and processes, by allowing an additional method of risk limiting audit called the Batch Comparison Method. This allows a few precincts in a locality to be hand counted to compare to the numbers that were produced on the voting machines.

  • Bill status: Last week, this bill was passed by for the day in a House Privileges and Elections Committee and did not receive a vote in the House Privileges and Elections Committee.
  • Bill text, history, and informationClick HERE

HB 1680: Same Day Voter Registration
This legislation would require individuals who register to vote on Election Day or soon before Election Day to sign a statement affirming they will only cast one ballot.

  • Bill status: Last week, this bill passed a House Privileges and Elections subcommittee and the House Privileges and Elections Committee. It is anticipated to receive a House Floor vote this week.
  • Bill text, history, and informationClick HERE

HB 2454: Voter Roll Maintenance – Voter Address Information Updates
If passed, this legislation would require that local registrars receive information monthly about voters who have moved to a new address or who need their voter registration changed or removed. This would be a positive change to enable a more accurate voter roll on a consistent basis.

  • Bill status: Last week, this bill passed a House Privileges and Elections subcommittee and the House Privileges and Elections Committee. It is anticipated to receive a House Floor vote this week.
  • Bill text, history, and informationClick HERE

HB 2234: Repeal of Same Day Voter Registration
If passed, this bill would eliminate the practice of registering to vote on Election Day and casting a ballot the same day, with a few exceptions (including uniformed service members).

  • Bill status: Previously, this bill passed a House Privileges and Elections subcommittee and the House Privileges and Elections Committee. Last week, it passed on the House Floor. It is anticipated that this bill will be referred to a Senate Committee this week.
  • Bill text, history, and informationClick HERE

HB 1947: Repeal Permanent Absentee Ballot List 
This bill would replace the permanent absentee ballot list with an annual absentee ballot list. An application would need to be completed annually to receive mailed ballots.

  • Bill status: Previously, this bill passed a House Privileges and Elections subcommittee and the House Privileges and Elections Committee. Last week, it passed on the House Floor. It is anticipated that this bill will be referred to a Senate Committee this week.
  • Bill text, history, and informationClick HERE

HB 1948: Absentee Ballot Verification Method
This bill would replace the current witness signature requirement on a completed absentee ballot with the last four digits of the voter’s Social Security Number (SSN). Although more work needs to be done to ensure that SSNs are verified to belong to the voter, this method would be an improvement to the currently unverified witness signatures on absentee ballots. It also makes it easier for proper completion of an absentee ballot for individuals who live alone.

  • Bill status: Previously, this bill passed a House Privileges and Elections subcommittee and the House Privileges and Elections Committee. Last week, it passed on the House Floor. It is anticipated that this bill will be referred to a Senate Committee this week.
  • Bill text, history, and informationClick HERE

HB 1793: DMV Voter Information Transfer
This bill would help maintain accurate voter information that is collected from voter visits to the DMV. It proposes to require permission from the DMV customer before any relevant voter information is transferred from the DMV to the Department of Elections.

  • Bill status: Last week, this bill passed a House Privileges and Elections subcommittee and the House Privileges and Elections Committee. It is anticipated to receive a House Floor vote this week.
  • Bill text, history, and informationClick HERE

DONOR PRIVACY

SB 854 & HB 1551: Nonprofit Donor Names Disclosure
This bill would require nonprofit donors’ names to be displayed on public ads when they support a referendum and in certain cases if the nonprofit has a score card for legislators. Online public documents already disclose these donors, but displaying their names on ads would make them exceptionally more vulnerable to be targeted and doxed.

  • SB 854 status: Previously passed on the Senate floor.
  • Bill text, history, and information: Click HERE
  • HB 1551 status: Last week this bill was tabled (killed) in a House Elections subcommittee.
  • Bill text, history, and information: Click HERE
Legislative Update: 29 January 2023

WEEK IN REVIEW 

The conclusion of this week marks the end of the second full week of the 2023 Virginia General Assembly legislative session. With just over a week left until the Crossover date of February 7th, when bills that have passed in one chamber will be sent to the opposite chamber for consideration, committees are a-buzz with debate and lengthy agendas. Please see below for this week’s highlights, bill summaries and updates.

2023 Session Overview Numbers
(Total # of bills and resolutions)

EDUCATION

HB 1909: Opportunity Classrooms 
If passed, this bill would establish the Opportunity Classroom program for schools. It would allow a teacher or a parent (with the support of a teacher) to establish an agreement with the school board to teach an alternative curriculum in a classroom designated for that purpose in a school.

  • Bill status: Passed in a House Education subcommittee and the House Education Committee last week. Is anticipated to receive a House floor vote this week.
  • Bill text, history, and information: Click HERE

HB 1508: Education Success Accounts
If passed, this bill would establish Education Success Accounts (ESA) for Virginia students leaving the public school system. It would put parents in the driver’s seat by giving them access to a portion of public education dollars allotted to their student to utilize for costs like private school tuition or homeschool curriculum. ESAs allow dollars to follow each student, instead of funding systems.

  • Bill status: Passed in the House Education Committee last week, anticipated to receive a vote in a House Appropriations subcommittee and possibly full Appropriations Committee this week.
  • Bill text, history, and information: Click HERE

HB 1821: Education Improvement Scholarship Tax Credit Expansion
This bill expands the Education Improvement Scholarship Tax Credit (EISTC) program, which provides education grants to children from low income families.

  • Bill status: Passed in the House Education Committee last week, anticipated to receive a vote in a House Finance subcommittee this week and possibly full House Finance Committee.
  • Bill text, history, and information: Click HERE
  • Video about the EISTC program

HB 1507: Parental Rights and School Transparency
This bill reiterates and protects parental rights and provides parents with more education transparency in schools.

  • Bill status: Passed in a House Education subcommittee and the House Education Committee, has been read on the House floor once, and is anticipated to receive a House floor vote this week.
  • Bill text, history, and information: Click HERE

REGULATORY REFORM

HB 1758: Universal Regulatory Sandbox 
If passed, this legislation would create the Virginia Regulatory Sandbox Program. This program would facilitate a stronger free market and accelerated innovation by establishing an application process by which individuals may be granted a waiver from one or more state laws or regulations to make a desired product, use a desired production method, or provide a service.

  • Bill status: Passed in the House General Laws Committee last week, anticipated to receive a vote in a House Appropriations subcommittee and possibly full House Appropriations Committee this week.
  • Bill text, history, and information: Click HERE

HB 2347: Regulatory Budget
This bill establishes the Regulatory Budget Program to help Virginia’s state agencies reduce the amount of regulations that come from their department in a two-year period. If passed, the bill would have an expiration date of  January 2027.

  • Bill status: Passed in the House General Laws Committee and was read twice on the House floor last week. It is anticipated to be read the third time and receive a vote on the House floor this week.
  • Bill text, history, and information: Click HERE

FIREARMS

SB 1236: Second Amendment Protection
This bill would have repealed the authority for localities to have an ordinance banning firearms in parks, recreation and community centers, and at events that are permitted, or should have been permitted.

  • Bill status: This bill died last week in the Senate Judiciary Committee.
  • Bill text, history, and information: Click HERE

ELECTIONS

SB 1180: Private Interests Funding Elections
This legislation seeks to repeal critical aspects of the prohibition on private funding in elections that the General Assembly passed on a bipartisan basis last year. It would allow local registrars to solicit grants from non-governmental entities to fund election administration and train election officials.

  • Bill status: Last week this bill passed the Senate Privileges and Elections Committee, it is anticipated to receive a Senate floor vote this week.
  • Bill text, history, and information: Click HERE

HB 1877: Reduced Early In-Person Voting
This bill would reduce the in-person absentee voting timeframe from 45 days to 14 days.

  • Bill status: Last week this bill passed on the House floor. Next, this bill will receive a vote in the Senate Privileges and Elections Committee, but possibly not until Crossover or after, in 1-2 weeks.
  • Bill text, history, and information: Click HERE

HB 1693: Ballot Drop Box Ban
This bill would prohibit the use of Drop Box locations to return a mailed ballot.

  • Bill status: Last week this bill passed on the House floor. Next, this bill will receive a vote in the Senate Privileges and Elections Committee, but possibly not until Crossover or after, in 1-2 weeks
  • Bill text, history, and information: Click HERE

HB 1751, HB 2436, HB 2118 & SB 1380: Ranked Choice Voting Expansion
If passed, each of these bills would expand Ranked Choice Voting (RCV) in Virginia. Currently, this method of elections is only allowed for City Council and Board of Supervisors elections.

Ranked choice voting disconnects elections from issues and allows candidates with marginal support to win. It comes in multiple formats, some of which are a nightmare to count accurately, severely inhibiting transparency. It also disenfranchises voters, because ballots that do not include the two ultimate finalists are cast aside.

Status: Last week, all three RCV House bills died in the House Privileges and Elections Subcommittee #2. SB 1380 is anticipated to be voted on in the Senate Privileges and Elections Committee this week.

DONOR PRIVACY

SB 854: Nonprofit Donor Names Disclosure
This bill would require nonprofit donors’ names to be displayed on public ads when they support a referendum and in certain cases if the nonprofit has a score card for legislators. Online public documents already disclose these donors, but displaying their names on ads would make them exceptionally more vulnerable to be targeted and doxed.

  • Bill status: Passed the Senate floor last week, and is anticipated to be heard in a House Privileges and Elections subcommittee next, but possibly not until Crossover or after, in 1-2 weeks.
  • Bill text, history, and information: Click HERE