HB 1124

            
2020 SESSION

20104251D

HOUSE BILL NO. 1124


Offered January 8, 2020


Prefiled January 7, 2020

A BILL to amend the Code of Virginia by adding a section 
 numbered 22.1-199.7, relating to yellow schools; authorization.
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Patron-- Davis

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Referred to Committee on Education

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Be it enacted by the General Assembly of Virginia: 
 
 
1. That the Code of Virginia is amended by adding a section 
 numbered 22.1-199.7 as follows: 
 
 
� 22.1-199.7. Yellow 
 schools.
 
 
A. As used in this section:
 
 
"Operating entity" 
 means any not-for-profit entity that 
 enters into an operating contract with a school board pursuant to subsection B.
 
 
"Qualified school" means a public 
 elementary or secondary school in which at least 50 
 percent of enrolled students are eligible for free or reduced price lunch.
 
 
"Qualified 
 services" means nutritional support, after school academic and mentorship 
 services, health care support by licensed 
 nurse practitioners or doctors, and dental care by dental hygienists or 
 dentists made available to each 
 student enrolled in a yellow school.
 
 
"Yellow school" means any 
 qualified school that is under the supervision of an operating entity pursuant 
 to an operating contract.
 
 
B. Any school board may 
 enter into an operating contract with an operating entity to designate a qualified school in the 
 local school division as a yellow school.
 
 
C. Each operating contract 
 entered into pursuant to subsection B shall:
 
 
1. Require 
 the school board to transfer its constitutional authority to supervise the 
 yellow school to the operating entity, including its authority 
 relating to personnel and curriculum, for an initial period of at least two years, provided, 
 however, that the yellow school shall be subject 
 to all federal and state accountability requirements 
 prescribed by law or regulation;
 
 
2. Require the 
 operating entity to provide qualified services;
 
 
3. Permit the operating 
 entity to seek reimbursement under Medicaid for all qualified 
 services provided to eligible students;
 
 
4. Require the 
 operating entity to establish performance metrics for the 
 yellow school and biannually report to the school board on its 
 compliance with such metrics; and
 
 
5. Require the supervision 
 of the yellow school to be transferred back to the school board if the 
 operating entity breaches the operating contract or fails 
 to meet the performance metrics established in the operating contract.
 
 
D. Any 
 operating contract entered into pursuant to subsection B may contain provisions 
 for the use of local school division services for a yellow school, including 
 transportation, food services, and extracurricular activities. 
 
 
E. Each operating entity is 
 entitled, in an addition to any other state or local funds 
 that it receives from the school board in support of the yellow school, to 
 matching state funds pursuant to the general appropriation act in an amount 
 equal to 25 percent of all funds that the operating entity invests to provide 
 qualified services in the yellow school.
 
 
F. Notwithstanding any other 
 provision of law to the contrary, no operating entity that 
 receives state funds in accordance with subsection E is 
 eligible to receive a Neighborhood Assistance Act Tax 
 Credit pursuant to Article 13.2 (� 58.1-439.18 et 
 seq.) of Chapter 3 of Title 58.1.