Jim Shuler’s Legislative Report 2-16-01

Health, Education & Consumer Issues

While the widening gap of diverse budget positions still permeates the General Assembly, the policy matters and legislative initiatives still go forward. Education and Health are always critical concerns, and certainly of tremendous importance to the New River Valley--home to two major state universities, a community college, three hospitals and numerous clinics. Education and health represent the largest employment force for our region. The Standards of Learning tests (SOLs) have been at the center of debate since their revision in 1999. During the 2000 session, frustrations voiced by parents, teachers and administrators about the rigidity of SOL regulations were addressed in a number of bills, which were then carried over until this session to allow further time for study and evaluation. This year the SOLs again became the object of intense debate, and it appears once again the legislature will not deviate from the original SOL language. As written, the SOL regulations stipulate that a student must pass the standardized tests in order to be eligible for graduation, and that a school that consistently falls below the pass rate can lose accreditation.

Critics have raised concerns that the single criteria guidelines create a too-narrow approach to education. The House of Delegates passed measures that would provide additional flexibility for graduation and accreditation. The House felt the best interests of a child would be served by a less rigid approach. The Senate Education Committee defeated the multiple criteria bills and the issue appears dead for another year.

There is considerable evidence that some capable students simply do poorly on standardized tests, yet those same students pass required class work. Linking graduation singularly to SOLs is unfair to students who would otherwise pass, and ultimately unfair to the workforce waiting for that student.

Likewise, low overall test scores do not automatically signal a bad education, nor is forfeiture of accreditation necessarily the best or only way to address weak schools. While low scores should trigger our attention and vigilance, there may be other factors that should be considered before accreditation (thus all financial support) is withdrawn.

Using multiple criteria for any significant decision is an intelligent and logical approach to any tough problem and I regret the Senate’s unwillingness to bend on this matter. We will continue to monitor the effects of the SOLs and I suspect we will be asked again next year to broaden the components to better serve the diverse learning styles of students.

The General Assembly also opened the door to provide school districts with greater flexibility when confronted with critical teacher shortages. We have removed the retirement penalty clause that kept districts from hiring retired teachers back into the system. This way, during periods of need, geographical areas that often face teacher shortages will have an incentive to attract experienced teachers back into the classroom.

Some of this session’s most significant health issues were also the result of carry over legislation from the 2000 session. Last year the General Assembly proposed revising the Certificate of Public Need (COPN) policies that dictate the requirements for building and operating hospitals, clinics and nursing homes in Virginia. Throughout 2000, representatives from the hospitals, healthcare professions, consumers, health insurance and nursing homes met together to identify ways to open the process with the result being a fragile compromise bill that addressed the concerns of all the participants involved. The bill, however, came with a considerable price tag in order to insure continued care for indigent patients and both the House and the Senate Health committees rejected the measure—leaving the current process in tact and waiting until subsequent years for reform.

The General Assembly has also lifted the health insurance obstacle of a pre-existing condition for women who have been breast cancer free for five years, or are included in a high-risk breast cancer category. These women can no longer be denied coverage based on their previous condition.

We are entering our last week of deliberations, and much of the action will focus on the budget. But in spite of the continuing debate about how best to manage the state’s $40 billion budget, legislation that will effect our every day lives has been heard and enacted.

As usual, I hope if you have questions or concerns about legislation mentioned in this column or any legislative matter you will not hesitate to contact me at any of the following Richmond addresses.

Jim Shuler’s Legislative telephone 804-698-1012
Jim Shuler’s Legislative fax 804-786-6310
Constituent Hotline 800-889-0229
Richmond e-mail address Del_Shuler@house.state.va.us