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GREENSVILLE/EMPORIA DEPARTMENT OF SOCIAL SERVICES

LOCAL BOARD MEETING

The Greensville/Emporia Department of Social Services Administrative Board will meet on Thursday, October 18, 2017, at 3:30 p.m. The meeting will be held at the Greensville/Emporia Department of Social Services located at 1748 East Atlantic Street.  The public is welcome to attend.

Government Initiatives Seek to Combat Opiate Epidemic

 
 

By Sarah King, Capital News Service

The rate of fatal opioid overdoses in the United States has quadrupled since 2000, claiming nearly a half-million lives, according to the federal Centers for Disease Control and Prevention. On average, nearly 80 Americans, including at least two Virginians, die each day from an overdose of heroin or prescription drugs.

No wonder governments at all levels, as well as health care companies and educators, have mobilized to target the problem.

In March, the U.S. Senate passed the Comprehensive Addiction and Recovery Act. State Attorney General Mark Herring praised the Senate’s action and the work of Virginia Sens. Mark Warner and Tim Kaine to advance the legislation.

“Passage of CARA is a big step forward in addressing what has become a national epidemic of prescription drug and heroin abuse and overdose,” Herring said. “If anything cried out for bipartisan action, it is this ‘all hands on deck’ moment, and my only regret is that these resources come too late for thousands of families in Virginia and throughout the country who have already lost a loved one to addiction.”

Herring said nearly every day he reads about another Virginian, often a young person, who died from a heroin or prescription drug overdose.

“It’s heartbreaking to read these stories and to talk to the parents, family and friends of these people who never thought anyone in their family would be touched by addiction, but now are trying to carry on in the face of such a tremendous loss,” Herring said.

President Barack Obama said fighting the opioid epidemic is also a priority for his administration. In March, he announced new measures to expand access to treatment. For example, Medicaid, the health care program for low-income Americans, now will cover substance abuse disorder in the same way it covers mental health issues.

The administration is also providing $11 million to states to purchase and distribute the opioid overdose reversal drug, naloxone, and to train first responders and others on its use along with other overdose prevention strategies.

Additionally, this fall, more than 60 medical schools, 50 pharmacy schools and nearly 200 nursing schools will start requiring students to take some form of prescriber education to graduate. The requirement will align with the CDC’s newly released Guideline for Prescribing Opioids for Chronic Pain. Schools in Virginia that have signed on to the initiative include:

●     Hampton University

●     James Madison University

●     Old Dominion University

●     Radford University

●     Virginia Commonwealth University

National chain pharmacies are also taking part in the effort:

●     Rite Aid has trained more than 8,400 pharmacists on naloxone. In 10 states, Rite Aid also is dispensing naloxone to patients without needing an individual prescription; the company plans to expand that policy to additional states.

●     Kroger currently dispenses naloxone without an individual prescription at its pharmacies in seven states, with plans to expand to at least 12 more by the end of the year.

●     AmerisourceBergen/Good Neighbor Pharmacy will provide educational materials to encourage its 4,000 independently owned and operated retail pharmacy locations to provide naloxone without an individual prescription.

●     Walgreens announced in February that it will install safe medication disposal kiosks in more than 500 drugstores across the country, primarily at locations open 24 hours. Walgreens also will make naloxone available without needing an individual prescription at its pharmacies in 35 states and Washington, D.C.

●     Since March, CVS Pharmacy locations in 23 states have been able to dispense naloxone to patients without needing an individual prescription. This initiative will increase to 35 states by December.

●     CVS Health has launched a program called Pharmacists Teach, which sends the company’s pharmacists into schools across the country to educate students about the dangers of drug abuse. To date, more than 30,000 students have participated in the program.

At the state level, Gov. Terry McAuliffe released his task force on Prescription Drug and Heroin Abuse implementation plan in October. In the 2016 legislative session, McAuliffe signed into law three bills regarding opiate abuse:

●     House Bill 1059 directs the Virginia Criminal Sentencing Commission to evaluate sentencing patterns in cases involving heroin and recommend adjustments in sentencing guidelines.

●     Under House Joint Resolution 45, the state will study whether to mandate health insurance coverage for “abuse deterrent formulations for opioid medications.”

●     Senate Bill 556 removes certain restrictions on health care professions who treat people with opiate addiction using opioid replacements approved by the federal government. Such restrictions include the proximity of the provider to a school or daycare center.

The attorney general, however, says legislators haven’t gone far enough. Herring criticized the General Assembly for failing to pass HB 102, which would have made it a felony homicide to manufacture or provide a controlled substance that later causes a fatal overdose.

“Virginians are losing their lives every day to cheap, potent heroin, and tools to hold dealers and traffickers accountable are a critical part of addressing this problem, along with education, prevention and treatment,” Herring said.

“Too often, the parents of young people who have died from an overdose feel like no one really cares that their child was taken from them, and they’re resigned to the fact that the dealer will never really face consequences for what they’ve done.”

Herring said his office has helped prosecute a number of these cases at the federal level, but local commonwealth’s attorneys need a “proper state-level tool” to hold dealers and traffickers accountable.

HB 102 easily passed the House of Delegates but died in the Senate.It is the only opioid overdose bill proposed by Herring that has yet to pass.

In 2015, the General Assembly approved his legislation to expand the use of naloxone by first responders and make the drug available without a prescription; to create a “good Samaritan” provision to encourage the reporting of overdoses in progress; and to expand access to the Prescription Monitoring Program.

(Editor's Note: Per the spreadsheet sent with this article, since 2007 there have been 5 Fatal Drug Overdoses in the City of Emporia and 6 in Greensville County.)

Foundation Helps Addicts Recover as Opioid Deaths Soar

By Sarah King, Capital News Service

RICHMOND – Scraps of newspaper obituaries, photographs of the departed and handwritten notes in memory of loved ones collage the bottom third of a sectioned-off piece of the wall at the McShin Foundation’s intake office.

The delicate ensemble pays homage to lives lost to addiction – a tangible mnemonic indicative of a statewide epidemic. Inches to the right, the rest of the wall is covered with photos of smiling faces, separated from the deceased only by a faint line of demarcation.

“This is how we keep track of people when they leave housing,” said Michael Quinn, the intake specialist at the foundation, a local nonprofit recovery community organization. “If they’re doing well they’re above the line. People will come in all the time and kind of shift things around so we can keep better track of how people are doing.”

Unfortunately, not everyone’s face remains above the halfway mark – a reflection of a wave of deaths in Virginia due to fatal opiate overdoses.

Opioids – both prescription pain medications and heroin – account for most of the spike in fatalities. The number of fatal opioid overdoses increased nearly 60 percent, from 475 deaths in 2010 to more than 880 last year, a CNS analysis of data from the Virginia Department of Health found. Opioids made up more than 90 percent of the state’s drug deaths in 2015.

Quinn attributes the sharp rise in drug abuse partially to the availability of more potent heroin.

“A lot of dealers are cutting the heroin with phenobarbital, which is a deadly combination,” he said. “And the other thing is, heroin’s become more of a popular drug in suburban and upper-class neighborhoods, so it’s becoming more acceptable.”

In Richmond, the number of heroin deaths jumped from five in 2010 to 38 last year. Over the same period in Henrico County, the number rose from four to 27. In Virginia Beach, it went from three to 18. And in Fairfax County, it increased from two to 32.

Nick, a Fairfax County native who asked that his last name not be used, knows firsthand about the addiction that drives those statistics.

“It was like when I was high, I could live in this fantasy all the time that was, ‘I’m gonna go to school tomorrow, and fold my laundry, and start working out, and cook dinner,’” he said. “But as soon as I came down, my only concern was getting back to that place of contemplative productivity by getting another hit.”

Now 22 and almost a year into a treatment program in Florida, Nick tried prescription painkillers for the first time at 16.

“It progressed from whenever I could get them, to raiding medicine cabinets, to finding my own dealers for the next three years,” Nick said. “I started using every day at 19, and that continued until about 20, and then I was injecting.”

Nick said his parents were unaware of his growing addiction until his father had to cover a $500 drug debt about nine months before he went to treatment.

“It was when I started using heroin in addition to the pills, and the unmanageability during the times when I had no drugs was too much to bear, that I decided to get help or I was going to die. So I checked into treatment,” Nick said. “My parents didn’t know I was IV’ing until we got to the ER the day I asked for help.”

Quinn said he hears stories like this all too often. The McShin Foundation works to erase the stigma associated with addiction and getting help.

“When somebody says they’re an addict, people think of them as this nasty junkie person you don’t want to be with,” Quinn said. “The media always portrays the problem – the arrests and drug dealers – but they never show the solution, which is people recovering and living regular lives.”

Quinn, like all other administrators at the foundation, went through McShin’s peer-to-peer program personally. He has been clean from opioids for more than a year. The foundation’s CEO has been sober for nine; the director of operations, five; and the founder, John Shinholser, more than 30.

“It’s an everyday battle still,” Quinn said. “I have a sponsor, I go to meetings – it’s working. And people can relate to us and can’t use the excuse of ‘Oh well, you haven’t been there, you don’t know what you’re talking about,’ because yeah, I have been there, and I do know.”

The McShin Foundation is now in its 12th year. About 60 percent of its clients are addicted to opioids. Quinn said the rate of recovery is higher than at most treatment centers.

He said traditional centers typically have an 18 to 20 percent success rate – which is determined by a year of sobriety – whereas success rates at McShin are closer to 50 percent.

Because the nonprofit McShin Foundation does not receive any government funding and insurance companies don’t recognize the program, Quinn said treatment must come out of pocket for individuals and families. But clients say it’s well worth the cost.

“You’re investing in someone’s life,” Quinn said. “My parents tell me all the time the best investment they ever made was getting their son back – and that’s priceless.”

For the past two years, the opioid epidemic has claimed, on average, more than two Virginians’ lives a day for the last two years. The toll has spurred state officials into action. Virginia Attorney General Mark Herring in particular is taking strides to address the rise in fatalities and opioid abuse.

Last month, Herring was awarded the Bronze Key, a national recognition presented for outstanding contributions, from the McShin Foundation at the organization’s 12th Annual Spring Awards Banquet.

“So many families across Virginia have been touched by addiction to heroin and prescription opioids, and too many have already lost a loved one to a fatal overdose,” Herring said. “In many cases, this is a problem that has its roots in the medicine cabinet, not in the streets, and that the medical community has to be part of the solution.”

Herring’s office created a documentary “Heroin: The Hardest Hit,” which features Virginians, including some from the McShin Foundation, sharing their personal stories of grappling with addiction and recovery, as well as the stories of people who died from overdoses.

Herring has also worked with local and federal authorities to prosecute more than 28 cases against dealers and traffickers involving more than 95 kilograms of heroin – which equates to 238,500 daily doses and a street value of more than $19 million.

“So often, shame, stigma or fear forces families and those with substance abuse disorders to suffer in silence,” Herring said. “But we cannot and will not let ourselves become hopeless or discouraged. We have to make sure that people who are struggling know you can beat addiction. There is life after addiction, and there is hope in recovery.”

Gov. Terry McAuliffe and state lawmakers across party lines agree have joined forces to address the problem. During the 2015 legislative session, the General Assembly made naloxone – a potentially life-saving opioid-antagonist administered in the event of an overdose – more widely accessible to law enforcement and health-care providers.

Last October, McAuliffe’s Task Force on Prescription Drug and Heroin Abuse released its recommendations, and state officials are implementing some of them. They include developing a website as an informational hub on prescription pill and heroin abuse, creating an opioid educational curriculum for law enforcement, reducing the stigma associated with addiction and increasing the availability of peer-support services.

According to a recent policy brief by the VCU School of Medicine, untreated substance abuse costs the state and local governments more than $600 million annually.

“Virginia’s opioid epidemic and untreated substance abuse are killing hundreds of Virginians and costing taxpayers more than half a billion dollars each year,” said Andrew Barnes, the brief’s lead author and an assistant professor at VCU.

For young adults like Nick and families across the state, there are emotional costs as well.

“A close friend of mine relapsed and overdosed on Dec. 18. It’s hard seeing someone give up on themselves and go back to their old ways,” Nick said. “I’m a fear-based person, but my fear of dying from this disease is the reason I keep doing what I need to in order to stay sober.”

Richmond native William “Billy” Derr, 24, passed away from a fatal overdose last month. Derr’s mother, Jenny, wrote in her son’s obituary, “As those who struggle with addiction know, it is a daily fight, hour by hour, and is ever constant. Billy had some extended periods of sobriety; those were the times when his true genuine heart shined through.”

In the obituary, Deer stated:

“To the people who don't understand addiction, he may be just another kid who made a ‘bad choice.’ For those who do understand the disease, this was our oldest child, a brother, a friend and as his mother, my children are my everything. The disease of addiction is non-discriminatory and without mercy. It is up to us to open our minds and hearts to those suffering from the disease. We will continue to fight the fight.”

So will the McShin Foundation. It provides a rapid detox program, which tapers the individual off opioids over five to seven days. Quinn said what separates McShin from other treatment centers is that there’s no waiting list.

“If someone calls me, they can come in today, see the doctor and get put in a bed that day,” Quinn said. “If someone needs help, there’s always a bed available.”

More about the McShin Foundation

The foundation’s website is http://mcshin.org/, and its phone number is 804-249-1845. The foundation, at 2300 Dumbarton Road in Henrico County, is open from 8:30 a.m. to 5 p.m. every day.

A Shameful Chapter in Virginia History: Lynchings

By Sterling Giles and Brian Williams, Capital News Service

Raymond Bird, a black man accused of having sex with a white woman, was reportedly asleep in jail in the western Virginia town of Wytheville when the mob arrived.

According to historical accounts, there were at least 25 men – all armed, all masked. On Aug. 15, 1926, they rousted Bird from his cell, shot him, tied him to the back of a truck and dragged him for more than nine miles. When the truck stopped along State Route 699 in Wythe County, the mob left Bird’s lifeless body hanging from a tree.

That grisly murder nearly 90 years ago was the last recorded lynching in Virginia. A recent report has shed light on how common such vigilantism was in the South. Between the end of Reconstruction in 1877 and 1950, there were 4,075 “racial terror lynchings” in the region, according to the Equal Justice Initiative.

Virginia shares a piece of this shameful history. Between 1880 and 1926, more than 90 people were lynched in Virginia, according to the initiative’s data and other documented incidents.

Bird was a native of Speedwell in Wythe County. He was married to Tennessee Hawkins, a black woman, and had three daughters – Edith, Lillian and Hazel. After serving in World War I, Bird worked as a farmhand for Grover Grubb, a white landowner.

According to J. Douglas Smith’s book “Managing White Supremacy: Race, Politics, and Citizenship in Jim Crow Virginia,” Bird was accused of raping Grubb’s daughter, Minnie. However, Minnie Grubb vehemently denied she was raped and insisted that the sex was consensual. Even if consensual, sex between blacks and whites was illegal then.

On July 23, 1926, Minnie Grubb gave birth to a biracial daughter, Clara. Bird was immediately imprisoned in the Wytheville jail.

Bird’s lynching three weeks later made headlines across the country in publications such as Time magazine and The New York Times. The national exposure prompted Louis I. Jaffé, editor of the Norfolk Virginian-Pilot, to prod state officials to approve an anti-lynching law.

The Equal Justice Initiative, a nonprofit based in Alabama, spent four years researching racially motivated lynchings in 12 Southern states. “Racial terror lynching was much more prevalent than previously reported,” the group reported.

“Some states and counties were particularly terrifying places for African Americans and had dramatically higher rates of lynching than other states and counties we reviewed,” the report added. Moreover, “terror lynching played a key role in the forced migration of millions of black Americans out of the South.”

Mississippi had the most lynchings (614), followed by Georgia (595), Louisiana (559) and Arkansas (491), the data showed. Of the 12 states studied, Virginia had the fewest lynchings – 88 by the initiative’s count.

(In researching this story, Capital News Service found authoritative references to lynchings that were not included in the initiative’s data. The total number of lynchings in Virginia exceeded 90. In addition, in 1927, a Virginia mob seized an African-American man from a Kentucky jail and murdered him on the state line in an apparent attempt to confuse authorities.)

Lynchings occurred in at least 50 localities in Virginia, according to W. Fitzhugh Brundage’s book “Lynching in the New South.” Most of these localities had just one or two lynchings; however, Alleghany County had four, Danville five and Tazewell County 10.

On Feb. 1, 1893, five African-American railroad workers were lynched in Tazewell County. According to the blog “The Homesick Appalachian,”the railroad workers were allegedly drinking with two white store owners the night before the lynching. The Richmond Planet, an African-American-owned newspaper,reported that the workers had allegedly robbed and murdered the store owners. In fact, the supposed victims were alive – just injured.

At the turn of the 20th century, racist whites did not need much of an excuse to kill black citizens.

“Many African Americans who were never accused of any crime were tortured and murdered in front of picnicking spectators (including elected officials and prominent citizens) for bumping into a white person, or wearing their military uniforms after World War I, or not using the appropriate title when addressing a white person,” the Equal Justice Initiative’s report said. “People who participated in lynchings were celebrated and acted with impunity.”

On Oct. 17, 1891, three adults and a teenager were lynched in Alleghany County. The victims were African-American coal miners: Charles Miller, Robert Burton and the brothers William and John Scott.

That morning, several black miners reportedly were walking leisurely through Clifton Forge. According to Brundage, the miners’ behavior was “foolhardy black bravado in a region where the definition of acceptable conduct by blacks was very circumscribed.”

A police officer accosted the group. The men fled back to the mines but were confronted again by the officer, this time accompanied with a group of whites.A gun battle broke out.

The miners were eventually arrested by the town’s police and thrown into jail. Later that evening, a mob of townspeople broke into the jail and seized the men. Hours later, they were shot and hung.

Such incidents continued with disturbing regularity until Bird’s lynching in 1926. Then Jaffé, a crusading newspaper editor and civil rights activist, wrote a letter to Gov. Harry Flood Byrd Sr. (Coincidentally, the governor and the lynching victim had similar names. Some accounts of the lynching spelled the victim’s name as Raymond Byrd.)

The governor was adamant about attracting businesses to Virginia. That was why, during his term from 1926 to 1930, Byrd paved more than 2,000 miles of roads throughout the state. Jaffé evoked this priority to advocate on behalf of African-Americans: He told Byrd that mob violence only hindered the chances of attracting new industries to Virginia.

Jafféasked Byrd to support legislation to make lynching a state crime. Byrd initially hesitated, saying such a law might conflict with the Virginia Constitution.

According to Smith’s book, Jaffé sensed Byrd’s reluctance. So he used his editorial pages to call on Byrd and other officials to take action.

“Lynching goes unpunished in Virginia because, deny it as one will, it commands a certain social sanction,” wrote Jaffé, who won a Pulitzer Prize for editorial writing in 1929. The Pilot editor suggested that the state strip lynch-mob members of their right to vote and hold public office. In addition, he argued for strict fines and punishments for lynching.

Byrd came around. With the governor’s support, the Virginia General Assembly passed anti-lynching legislation. On March 14, 1928, Byrd signed it into law. Among other provisions, the law gave the state the power to enforce stiff penalties against localities that didn’t report vigilante murders.

The Anti-Lynching Law of 1928 was a breakthrough in curbing violence against African-Americans.

“Lynch mobs were generally a group composed of poor whites,” said Dr. John Kneebone, chair of the History Department at Virginia Commonwealth University. “Elites in the South never favored lynching. But because race was involved, the majority chose not to stand up and oppose lynching. Byrd changed that.”

After his term as governor, Byrd served for 30 years in the U.S. Senate and continued to exert a powerful influence in Virginia politics. A staunch segregationist, he opposed the U.S. Supreme Court’s 1954 ruling in Brown v. Board of Education. Byrd and his allies adopted a strategy called Massive Resistance, forcing Virginia schools to close rather than integrate.

As the 90th anniversary of Bird’s lynching approaches, it is Byrd who is back in the news.

The longtime politician died in 1966. Five years later, Henrico County named a middle school after him. This year, students and others petitioned the county to rename Byrd Middle School, arguing that it should not honor a man who stood for racial segregation.

In March, the Henrico County School Board voted unanimously to rename the school. The board has not yet selected a new name.

Civil rights advocates have pushed for honest discussions about race like the one happening in Henrico County. That is one of the goals of the Equal Justice Initiative.

Its report, “Lynching in America: Confronting the Legacy of Racial Terror,” noted that “there is an astonishing absence of any effort to acknowledge, discuss, or address lynching.”

“Many of the communities where lynchings took place have gone to great lengths to erect markers and monuments that memorialize the Civil War, the Confederacy, and historical events during which local power was violently reclaimed by white Southerners. These communities celebrate and honor the architects of racial subordination and political leaders known for their belief in white supremacy,” the report says.

“There are very few monuments or memorials that address the history and legacy of lynching in particular or the struggle for racial equality more generally. Most communities do not actively or visibly recognize how their race relations were shaped by terror lynching.”

More on the Web

The Equal Justice Initiative’s report, “Lynching in America: Confronting the Legacy of Racial Terror,” is available at http://www.eji.org/lynchinginamerica.

America’s Black Holocaust Museum also has posted a list of lynchings in Virginia. It is at http://abhmuseum.org/category/lynching-victims-memorial/virginia/

Find a StoryMap at http://tinyurl.com/va-lynchings-map

List of all Virginia lynching incidents and victims at http://tinyurl.com/va-lynchings

School Discipline Falls Harder on Some Students

By Jason Fuller, Ashley Jones and Rarione Maniece, Capital News Service

RICHMOND – The phrase “kids will be kids” pardons some misbehavior; however, certain kids seem to get called to the principal’s office a lot more often than others.

Black students were at least three times as likely as white students to be suspended or expelled from school, according to an analysis of data from the U.S. Department of Education’s Office of Civil Rights. Nationwide, for example, 15 percent of African-American students received out-of-school suspensions – compared with 4 percent of white students.

The analysis focused on the 2011-12 academic year, the most recent data available from the department’s Office for Civil Rights.

In several states, the disparities were especially wide: Wisconsin suspended 26 percent of its black students but just 3 percent of its white students. In Minnesota, Connecticut, Iowa and Nebraska, African-Americans were six times as likely as whites to be suspended from school.

Virginia’s statistics were similar to the national numbers: 14 percent of the commonwealth’s black students received suspensions, vs. 5 percent of white students.

suspensions

Expulsions are far less common than suspensions, but the pattern was the same. Nationwide, fewer than two of every 1,000 white students were expelled from school in 2011-12 – compared with five of every 1,000 African-American students.

Again, some states had much bigger disparities. Minnesota, for instance, expelled 11 of every 1,000 black students but only about one of every 1,000 white students. Tennessee expelled 24 of every 1,000 black students but just three of every 1,000 white students. Oklahoma expelled 40 of every 1,000 black students but only six of every 1,000 white students.

In Virginia, about two of every 1,000 African-American students were expelled, vs. one of every 1,000 white students.

Other journalists also have looked at the U.S. Education Department’s Civil Rights Data Collection. The Center for Public Integrity, for example, focused on the number of students who were arrested at school or referred to police.

The center found that Virginia had the highest rate in the United States for calling police on students: Of every 1,000 students in the commonwealth, almost 16 were arrested or referred to law enforcement in 2011-12, the center reported. Nationwide, the figure was about six of every 1,000 students.

Virginia’s tendency to call the cops on kids has raised alarms with Gov. Terry McAuliffe. In October, at an NAACP conference in Richmond, McAuliffe announced an initiative called “Classrooms not Courtrooms.” He said state officials would work with local school systems to reduce student suspensions, expulsions and referrals to law enforcement.

As part of the initiative, the Virginia Department of Education also is seeking to address “the disparate impact these practices have on African-Americans and students with disabilities.” The goal is to disrupt what some educators call the “school-to-prison pipeline” that tags certain students as troublemakers and channels them into the criminal justice system.

During its 2016 session, the General Assembly also considered the issue. Sen. Don McEachin, D-Richmond, sponsored a measure – Senate Bill 458 – to require the Virginia Board of Education to “establish guidelines for alternatives to short-term and long-term suspension for consideration by local school boards. Such alternatives may include positive behavior incentives, mediation, peer-to-peer counseling, community service, and other intervention alternatives.”

The legislation passed the Senate on a 31-9 vote. However, it was defeated in the House, 43-55.

The data show racial disparities for when police get involved with students. In Virginia, for instance, about 25 of every 1,000 African-American students were arrested or referred to police; that compared with 13 of every 1,000 white students.

School districts in Virginia varied considerably in the data on how they discipline students. Greensville County Public Schools, for example, suspended more than half of its students in 2011-12. The Greenville school system suspended 64 percent of its black students, 25 percent of its Hispanic students and 30 percent of its white students.

In contrast, the Prince George County Public Schools did not suspend any students, the data showed.

Some school divisions had large racial disparities regarding suspensions. In Arlington County, for instance, 7 percent of the black students were suspended – but just 1 percent of the white students. And in Bland County, 50 percent of the African-American students got suspensions vs. 8 percent of the white students.

Disparities also were evident in expulsions. In Roanoke, 13 of every 1,000 African-American students were expelled, vs. 1.3 of every 1,000 white students. And in Fairfax County, 5.5 of every 1,000 black students were expelled, compared with 1.3 of every 1,000 white students.

Many advocates of school reforms, as well as parents, have expressed concerns about such patterns.

Daniel Losen, director of the Center for Civil Rights Remedies, conducts research on this topic. In the publication “Discipline Policies, Successful Schools, and Racial Justice,” he reported that in 2006, more than 3 million students were suspended at least once – about 7 percent of all students enrolled in primary and secondary public schools.

Losen recommended that school districts with high rates of suspensions and expulsions should receive assistance on how to manage students’ classroom behavior.

Evandra Catherine, 32, has a son with a disability enrolled in the Richmond Public Schools. She said she is concerned that her child could be the target of harsh disciplinary practices.

“I am aware of my son’s school district’s financial plight when it comes to managing normal students,” Catherine said. “So I have to be extra vigilant of his treatment because of the lack of resources in play which may recommend discipline instead of accommodating him.”

One possible solution is to apply school discipline on a case-by-case basis. That is what Dr. Russell Houck, executive director of student services for Culpeper County Public Schools, advocates. He believes mild and moderate violations should receive mild and moderate levels of punishment.

“We work really hard to give students help, not punishment,” Houck said. “For kids who have a chronic history of disruption, we have a students’ assistance program where they can receive counseling and stay in school.”

Houck said this framework allows students to stay in school and prevents them from falling behind in class.

“It’s all about finding a different way to discipline them, because discipline in my world means to teach. So we need to find new ways to teach them coping skills in order to get to the root of the problem, both behaviorally and instructionally.”

Where We Got Our Data

The data for this report came from the U.S. Department of Education’s Civil Rights Data Collection. We downloaded both the state-by-state data and the data for each school district in Virginia. Then, using Microsoft Excel, we calculated disciplinary rates for students overall and students of different races.

We also examined the data published by the Center for Public Integrity as part of its series “Criminalizing kids.” Our analysis of the civil rights data matched the center’s, thus verifying our methods.

All of the data used in this report has been posted at http://tinyurl.com/cns-school-discipline

Virginia Provides Model for Testing Rape Kits

By Rachel Beatrice and Kyle Taylor, Capital News Service

More than 140,000 untested rape evidence kits are collecting dust in crime labs throughout the country – denying justice for rape survivors waiting for the results and allowing rapists to commit more sexual assaults.

Virginia has joined a handful of states that have taken legislative action to end the backlog by adopting a law to ensure that the commonwealth’s untested kits will be processed quickly beginning July 1.

That’s when Senate Bill 291, sponsored by Sen. Richard Black, R-Leesburg, takes effect. Under the legislation, the more than 2,000 untested rape kits in Virginia must be tested immediately. In addition, after a doctor examines someone who has been raped and collects evidence of the crime with a rape kit, the kit must be tested for DNA within 60 days.

When Gov. Terry McAuliffe signed the legislation into law, the ceremony was attended by a rape survivor whose handwritten pamphlet prompted the General Assembly to act. Natasha Alexenko said she hopes other states will follow suit.

“This initiative will change America,” she said.

In 1993, Alexenko, then a 20-year-old college student in New York, was violently raped and robbed at gunpoint by an unknown assailant while returning to her apartment. She underwent a rape exam but would wait nearly 10 years for the results.

New York had a backlog of nearly 17,000 untested rape kits in 1999, according to the website EndTheBacklog.org. New York authorities then worked on the problem and cleared the state’s backlog entirely in 2003.

While waiting for the results of her rape exam, Alexenko become a vocal advocate for sexual assault awareness. Among other things, she made informational pamphlets and distributed them wherever she could.

In 2014, one of Alexenko’s pamphlets, which highlighted the national backlog of untested rape kits, found itself on Black’s desk.

Black admitted he was surprised to learn about the backlog. “I thought, ‘What are you talking about – untested rape test kits?’ ”

To understand the status of the issue in Virginia, Black initiated a statewide audit in 2015, with permission from the governor and conducted by the Virginia Department of Forensic Science. The audit revealed that Virginia had nearly 3,000 untested rape kits sitting in forensic labs – some dating to 1988.

Rape exams are physically intrusive and taken at a time when the victim typically is traumatized, Black said. “It’s an undertaking for a woman to undergo it, and then to have it (the evidence kit) just sit up on a shelf is a terrible thing.”

Compounding the ordeal is that, before undergoing the exam, rape victims must refrain from bathing, showering, using the restroom, changing clothes, combing hair and cleaning the area where the assault happened, according to the Rape Abuse Incest National Network.

A rape exam can take hours as a forensic practitioner collects hair, oral, anal and vaginal samples, in addition to taking photographs for visual evidence, explained Eileen Davis, who has worked as a forensic nurse in Virginia.

She said the failure to test rape kits not only is an insult to the rape survivors but also has allowed more rapes and other crimes to happen, Davis added. According to EndTheBacklog.org, a project of the nonprofit Joyful Heart Foundation, there are at least 144,000 untested rape nationwide, including 20,000 in Texas and more than 10,000 in Michigan, Florida and Ohio.

When evidence goes untested, predators are not identified and arrested, Davis said. DNA from a rape kit taken in 1998, for example, often matches DNA from more recent exams.

Alexenko’s case reflects that reality. Victor Rondon, the man who raped her in 1993, roamed free until he was arrested on assault charges in 2007 in Las Vegas. In 2008, Rondon was found guilty of eight counts of violent assault and two counts of rape, Black said. Rondon was eventually convicted and sentenced to 44 to 107 years in prison.

Serial rapists pose the greatest danger, Black said. “Not only for rape, but some of these people flip over into murder, as we have seen with the Hannah Graham case.”

Graham was a University of Virginia student who disappeared in 2014. In March, Jesse Matthew, a 34-year-old Charlottesville man, pleaded guilty to her murder. Previously, Matthew had been accused of sexual assault at two other Virginia colleges.

Serial rapists are repeat offenders, Black emphasized. To prevent future crimes, he said, it is critical to test rape kits for the perpetrator’s DNA quickly.

At the bill signing, McAuliffe said the state budget will provide $900,000 annually to clear the backlog of untested rape kits and to ensure that from now on, kits are tested within 60 days after the rape exam has been performed.

Attorney General Mark Herring, who attended the signing, said, “Once we get the backlog cleared out, this new bill should ensure that Virginia never finds itself in that situation again.”

“It is our responsibility,” McAuliffe said, “to provide certainty and ease the pain for women who are haunted by the fear that their attackers could still be out there and could still be free.”

Obama Discusses College Affordability with Student Reporters

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By Sarah King, Capital News Service

WASHINGTON – White House press secretary Josh Earnest was answering a Fordham University student’s question regarding sexual assault reporting on her campus when an obnoxious screech filled the White House Briefing Room.

“That’s never happened before,” Earnest told the approximately 50 college reporters staring bug-eyed at him, a momentary social-media-ceasefire taking hold as the noise tapered off.

In the aisles flanking the student reporters, members of the White House press corps let out a chuckle; the seasoned journalists had donated their highly coveted assigned briefing room seats to their younger counterparts for this occasion.

“I hear there’s some hotshot journalists here,” said President Barack Obama, striding into the briefing room for a surprise appearance to conclude the White House’s first-ever College Reporter Day last week.

During the inaugural event, student reporters representing schools across 28 states convened in Washington, D.C., to engage with senior administration officials on issues pertinent to college campuses, including student loan debt and Title IX initiatives.

“I heard you guys were around today, so I wanted to stop by and say hello,” Obama said, flashing a smile at the crowd. “I also have a bit of breaking news for you.”

At the ensuing press conference, Obama announced that his administration is aiming to enroll 2 million more people in Pay As You Earn, a program that caps the amount borrowers repay on their student loans to 10 percent of their monthly income, by April 2017.

Nearly 5 million student borrowers are now enrolled in income-driven repayment plans like Pay As You Earn – up from 700,000 in 2011, according to U.S. Secretary of Education John King.

In a press call the day before, Richard Cordray, director of the federal Consumer Financial Protection Bureau, said about 43 million Americans have student loan debts. In Virginia alone, there are more than 350,000 federal student loan borrowers – totaling more than $10.5 million in outstanding debt.

Nationwide, the volume of outstanding federal student loan debt has doubled in less than a decade to about $1.3 trillion.

“That is more, in fact, than any other category of consumer debt in America except mortgages,” Cordray said.

That’s partially why the U.S. Department of Education created StudentLoans.gov/repay – an online system intended to help borrowers better understand their repayment options in a “consistent, accurate, actionable and transparent” manner.

King also spoke with the students at Thursday’s College Reporter Day and reminded them of the value of a four-year degree.

He said that over a lifetime, an individual with a bachelor’s degree can earn up to $1 million more than someone with only a high school degree.

“It’s debt that pays you back,” King said. “I know personally, because although I was recently sworn in as secretary of education, I am still paying off my graduate school loans that helped me to get here.”

King said that since 2008, the Obama administration has doubled investments in grant and scholarship aid through Pell grants and tax credits and created repayment programs such as Pay As You Earn. Such initiatives have helped more than 1 million more African American and Hispanic students go to college, he said.

At the press conference, Obama said college affordability is one of his priorities.

“I’m proud of the work we’ve done in education to make sure that millions of kids who previously couldn’t afford to go to college can,” he said.

The president also discussed his initiative to provide federal funding to help states make the first two years of community college free for “hard-working” students.

“This is something achievable,” Obama said. “Now, Congress has not moved on our proposal. But what we’ve also seen is that there have been 27 jurisdictions around the country that have taken us up on this challenge and are doing it themselves – are figuring out ways to make this happen.”

One such jurisdiction is Tennessee, where Republican Gov. Bill Haslam launched the Tennessee Promise program last fall. It has provided thousands of students with a free two years of community college or technical education out of high school.

“If there’s a Republican governor in the state of Tennessee who can make this program work in his state, why shouldn’t Democrats and Republicans work together in Washington to give that opportunity to every American?” Earnest asked in the press briefing before Obama took the podium.

Obama said it will be hard to sustain these initiatives if the cost of college “keeps on going up as fast as it’s going up.”

Earnest said too many state governments, “in their zeal to cut government spending,” are reducing support for public colleges and universities.

“That is a really poor choice,” Earnest said. “And what many college administrators legitimately say is, ‘Look, I’m getting less support from the state government, and if I want to continue to provide a high-quality education to the student body, I’ve got to get that money from somewhere.’”

For Obama, college affordability is more than just another domestic policy.

“Probably the thing I’m most proud of is – mainly as the assistant to Michelle Obama – I’ve raised two daughters who are amazing and I’m really, really proud of,” Obama told the college journalists. “And being able to do that while still focused on my job, I think, is something I’ll look back on and appreciate.”

Three days after hosting College Reporter Day, the White House announced that Malia Obama, who is graduating from high school, has decided to attend Harvard University beginning in fall 2017. Malia, 17, is the older of the Obamas’ daughters. She has opted to take a gap year before leaving for college.

Harriet Tubman Selected as the New Face of the $20 Bill

Harriet Tubman $20 Bill

By Sterling Giles, Capital News Service

The U.S. Department of the Treasury announced on Wednesday that Harriet Tubman would be the new face of the $20 bill. This would mark the first major bill change since the late 1920s. Also, Tubman will be the first African-American and the first woman in over a century to be featured on U.S. currency.

Tubman would replace Andrew Jackson, a president and slave owner, on the front of the $20 bill. Jackson would be moved to the back.

Tubman founded the Underground Railroad, a series of trails that escaped slaves trekked along to seek refuge in the Northern free states. The railroad ran from the Deep South through Virginia and stopped in New England. In addition, the trails stretched to the Midwest and into Canada.

In an online poll, Tubman garnered just under 120,000 votes, edging out former first lady Eleanor Roosevelt by about 7,000 votes for the bill placement. Leaders of Women on 20s, a lobbyist group that advocated placing a woman on the $20 bill, were pleased by the decision but not entirely optimistic.

“We see today’s announcement as only a vague commitment and a continuation of the now familiar message that women have to settle for less and wait for their fair share,” said Barbara Ortiz Howard, the founder of Women on 20s. “I’m happy to have a commitment. I’d be happier to have a date.”

Reports say that the designing and printing process for the new currency could take as long as a decade to complete. Also, the Treasury Department proposed security changes to the $5, $10 and the $20 bills to make the bills harder to counterfeit. In addition, the bills would include features to make them easily distinguishable by blind citizens.

This proposal was originally presented to President Obama in 2014, which he agreed to support. Since then, the U.S. Treasury Secretary Jacob Lew has been actively pushing this process forward.

“Lew has demonstrated a seriousness of purpose in taking a look at what the next generation of U.S. currency would look like,” White House press secretary Josh Earnest said. “And the question that he has considered is when those security updates are required, should we make some changes to our currency to make sure that it better reflects the country, and certainly the role that women have played in contributing to the development of our country.”

Assembly Sustains All of McAuliffe’s Vetoes

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By James Miessler and Diana DiGangi, Capital News Service

RICHMOND – The General Assembly failed Wednesday to override any of Democratic Gov. Terry McAuliffe’s vetoes of legislation championed by Republicans, including bills to defund Planned Parenthood and let home-schoolers participate in public-school sports.

Overriding a veto requires a two-thirds majority in both the House and the Senate. That was doable in the House, where there are 66 Republicans and 34 Democrats. But it proved impossible in the Senate, where Democrats hold 19 of the 40 seats.

For example, McAuliffe had vetoed Senate Bill 41, which would have allowed ministers and religious groups to refuse to participate in the marriage of a same-sex couple if it went against their religious beliefs. The Senate voted 21-18 along party lines in favor of reversing the veto – but that was well short of the 26 “yes” votes required.

Sen. Charles Carrico, R-Galax, was the sponsor of SB 41. He urged his colleagues to override McAuliffe’s veto.

“This bill is an attempt to protect pastors from having to go against things that they believe are of a deeply held religious belief,” Carrico said. “Unlike some of the things that the governor is pointing out that’s happening in other states, this is nothing to do with that.”

In his veto message, McAuliffe called SB 41 “discrimination under the guise of religious freedom.” He said the bill would be “bad for business” because “job creators do not want to locate or do business in states that appear more concerned with demonizing people than with creating a strong business climate.”

That was a reference to North Carolina, which has lost business because it recently enacted a law widely perceived as discriminatory against people who are transgender or gay.

Senators also failed to reverse McAuliffe’s veto of SB 44, which sought to extend the state’s coal-tax credits. Republicans and other legislators representing Virginia’s coalfields say the tax credits would help coal miners. In vetoing the bill, the governor noted that since 1988, coal mine operators and related companies have claimed more than $610 million in tax credits – but the number of coal miners in Virginia has plunged from more than 11,000 to fewer than 3,000.

“It would be unwise to spend additional taxpayer dollars on a tax credit that has fallen so short of its intended effectiveness,” McAuliffe said.

The Senate voted 24-15 in favor of reversing the veto – two votes short. (In the House, with help from two Democratic delegates, Republicans managed to override the veto on a 68-30 vote. But without the Senate’s concurrence, it didn’t matter.)

On a 21-18 vote, the Senate was unable to override House Bill 587, which sought to prevent local governments from removing Confederate monuments. Sen. David Marsden, D-Burke, spoke in defense of McAuliffe’s veto of that bill.

“There are decisions that we need to make about people, and when localities have made these decisions, I think it’s our obligation to allow them to continue to make those decisions for themselves,” Marsden said.

Also on a 21-18 vote, the Senate failed to override the governor’s veto of SB 612, commonly known as the “Tebow bill.” It would have allowed home-schooled students to participate in sports and other extracurricular activities at their local high schools.

Another much-watched bill was HB 1090, which would have cut off state funding for Planned Parenthood because it provides abortions in addition to family planning counseling, testing for sexually transmitted diseases, and other services.

The House voted 66-34 in favor of overriding McAuliffe’s veto of HB 1090. That was one vote shy of the 67 required.

Before voting got underway, there were partisan clashes. House Majority Leader Kirk Cox, a Republican from Colonial Heights, criticized McAuliffe for vetoing 32 bills – the most since 1998.

“As we get to this reconvened session, I’ve been disturbed,” Cox said. “Too often, this governor is just too happy, I think, to score political points and tends to be a bit disinterested in the legislative process.”

Minority Leader David Toscano, a Democrat from Charlottesville, fired back.

“The governor was very clear when he stood before us,” Toscano said. “He said, ‘Let’s not get distracted by this divisive social legislation. And I will tell you now, if you pass it I will veto it.’ So why should we be disturbed?”

Late Wednesday, McAuliffe issued a statement saying he is “proud that the General Assembly did not override any of the 32 vetoes we submitted this year, or any of the 68 I have submitted throughout my tenure to date.”

““While there is no question that this session was marked far more by compromise and accomplishment than by partisan conflict, there are some areas on which Republicans in the General Assembly and I disagreed,” McAuliffe said.

“The vetoes I submitted to the legislature for their consideration today honored the promise I made in the State of the Commonwealth to reject legislation that divides Virginians, makes them less safe, or sends a negative message about the climate we offer to families or businesses that may want to locate here. The controversies we are watching in other states underscore the need to reject legislation that divides or distracts us from the work Virginians elected us to do.”

What was vetoed?

This is a list of the 32 bills vetoed by Governor McAuliffe. For more information on a bill, use Legislative Information Service: https://lis.virginia.gov

Bill number

Catch line

HB 2

Clean Power Plan; state implementation plan, General Assembly approval.

HB 8

Virginia Virtual School; Board established.

HB 9

Voter registration; required information on application form.

HB 18

Franchisees; status thereof and its employees as employees of the franchisor.

HB 70

Warrants; issuance of arrest warrants for law-enforcement officers.

HB 131

Students who receive home instruction; participation in interscholastic programs.

HB 143

Alcoholic beverage control; neutral grain spirits or alcohol sold at government stores, proof.

HB 145

Virginia Public Procurement Act; public works contracts, prevailing wage provisions.

HB 254

House of Delegates districts; technical adjustment.

HB 259

SOL; Bd. of Education prohibited from adopting revisions that implement Common Core State Standards.

HB 264

Local government; prohibiting certain practices requiring contractors to provide compensation, etc.

HB 298

Coal tax; limits aggregate amount of credits that may be allocated or claimed for employment, etc.

HB 382

Firearms; control by state agencies, rights of employees.

HB 389

Virginia Parental Choice Education Savings Accounts; established, report, effective clause.

HB 481

Compliance with detainers; U.S. Immigration and Customs Enforcement.

HB 516

Education, Board of; policy on sexually explicit instructional material.

HB 518

School boards, local; to provide students with option to transfer to another school division.

HB 560

Brandishing a firearm; intent to induce fear, etc., penalty.

HB 587

Memorials and monuments; protection of all memorials, etc.

HB 766

Concealed handguns; carrying with a valid protective order.

HB 1090

Health, Department of; expenditure of funds related to abortions and family planning services.

HB 1096

Firearms; regulation by state entities prohibited.

HB 1188

Senate districts; changes assignments of two census precincts in Louisa County.

HB 1234

School security officers; carrying a firearm.

HB 1371

Local government; prohibition on certain mandates upon employers.

SB 21

Clean Power Plan; state implementation plan; General Assembly approval.

SB 41

Religious freedom; marriage solemnization, participation, and beliefs.

SB 44

Coal tax; limits aggregate amount of credits that may be allocated or claimed for employment, etc.

SB 270

Sanctuary policies; U.S. Immigration and Customs Enforcement detainers.

SB 612

Students who receive home instruction; participation in interscholastic programs.

SB 626

Carrying concealed handguns; protective orders.

SB 767

Form of ballot; party identification of candidates.

Lawmakers Reconvene for ‘Veto Session’

By Grant Smith, Capital News Service

RICHMOND – Virginia legislators will return to the state Capitol on Wednesday to consider whether to uphold or override Gov. Terry McAuliffe’s vetoes and recommendations of legislation passed during their 2016 session.

The Democratic governor vetoed 32 bills approved by the Republican-controlled General Assembly. That is the most vetoes since 1998, when Jim Gilmore, a Republican, was governor and most legislators were Democrats.

McAuliffe objected to a slew of hot-button bills – from a measure that would allow some school security officers to carry guns on the job, to the so-called “Tebow Bills” that would allow home-schoolers to participate in high school sports.

In addition, McAuliffe recommended changes to more than 50 bills. While many of the recommendations are minor, several involve the state budget, ethics rules and other major issues.

For example, the General Assembly passed a bill to make the electric chair the default form of capital punishment if the state cannot obtain the drugs to administer a lethal injection. Instead, McAuliffe recommended authorizing the Department of Correction to mix the drugs – using products from pharmacies that would remain anonymous.

Overriding a veto requires a two-thirds majority in both the House and the Senate. That is unlikely, because Republicans hold just 21 of the 40 seats in the Senate.

Gubernatorial recommendations must be approved by only a simple majority in both chambers. If the General Assembly rejects a recommendation, the governor then can veto the entire bill.

Here are some of the more controversial bills vetoed by McAuliffe.

SB 41 – Exempting Ministers from Non-Traditional Marriages

This bill would allow any minister or religious organization to refrain from participating in any marriage that goes against their religious beliefs such as same-sex marriages.

In his veto message, McAuliffe wrote, “Although couched as a ‘religious freedom’ bill, this legislation is nothing more than an attempt to stigmatize.” The governor also said the measure would be bad for the economy: “Businesses and job creators do not want to locate or do business in states that appear more concerned with demonizing people than with creating a strong business climate.”

HB 70 – Protecting Police Officers from Misdemeanors

This legislation would protect officers from being charged with a misdemeanor offense while on the job. It would require a judge to get authorization from a law enforcement agency or the commonwealth’s attorney to issue an arrest warrant for a misdemeanor offense, unless the alleged offense was reported by another police officer.

McAuliffe said: “Virginia enjoys outstanding law enforcement officers at all levels. They are not, however, perfect.” He said the bill could prevent judges from acting on “valid citizen complaints of police abuse.”

HB 766 and SB 626 – Concealed Permits for Protective Orders

These bills would allow domestic violence victims under a protective order to carry a concealed handgun for 45 days.

McAuliffe said the legislation “encourages victims of domestic violence to introduce deadly weapons into an already dangerous situation, an approach that I believe could have significant negative public safety consequences.”The governor proposed expediting the process of issuing concealed weapons permits to domestic violence victims if they receive firearms training; however, lawmakers have rejected that idea.

HB 131 andSB 612 – the “Tebow” Bills

Under this legislation, nicknamed for quarterback Tim Tebow, public schools could allow home-schooled students to compete in interscholastic competitions.

McAuliffe noted that public school students must meet certain academic criteria to participate in extracurricular activities. There would be no guarantee that home-schoolers meet the same criteria, McAuliffe said. “Participation in athletic and academic competitions is a privilege for students who satisfy eligibility requirements.”

HB 516 – “Sexually Explicit” Instructional Material

This bill would require elementary and secondary schools to notify parents before teachers provide children any “sexually explicit content.” Schools would have to let parents review the material and provide a non-explicit alternative. The bill was in response to a complaint by the mother of a Fairfax high school senior about Toni Morrison’s award-winning novel “Beloved,” which includes graphic scenes of slavery, rape and murder.

McAuliffe said that “open communication between parents and teachers is important” but such issues should be decided by local school boards. He said the Virginia Board of Education has been examining the matter and working with parents and local officials.

HB 2 and SB 21 – Approval of the EPA’s Clean Power Plan

The federal Environmental Protection Agency has ordered states to reduce carbon emissions from power plants. This bill would require the Virginia Department of Environmental Quality to receive approval from the General Assembly before responding to the EPA’s regulations.

McAuliffe wrote, “The interjection of required legislative approval into the Clean Power Plan process is an impermissible breach of Virginia’s constitutional separation of powers. Federal law provides that it falls to the Governor to submit required plans and submissions under the Clean Air Act, including plans to comply with the Clean Power Plan. … Requiring DEQ to obtain the approval of each chamber of the legislature before submitting a plan to comply with the Clean Power Plan constitutes legislative participation in a purely executive process.”

HB 9 – Voting Information

This legislation would require officials to reject voter registration forms that lack a full name, date of birth, Social Security number, citizenship status, address or previous voter registration information. Applicants also would be rejected if they fail to check a box indicating that they will be at least 18 before the next general election.

McAuliffe said, “The Voting Rights Act expressly prohibits denying applications for omissions that are not material to determining voter eligibility. … The checkbox is not material to determining whether the applicant meets the age requirements to register to vote because the applicant is already required to provide his or her date of birth.

“Government works best when as many citizens have a voice in our democracy as possible. We should be seeking ways to make it easier for qualified Virginians to participate in elections, not disenfranchising them over technicalities.”

On the Agenda for the Veto Session

Here is the complete list of bills vetoed by Gov. Terry McAuliffe. For more information on each bill, visit the Legislative Information Service (https://lis.virginia.gov/).

Bill number

Catch line

HB 2

Clean Power Plan; state implementation plan, General Assembly approval.

HB 8

Virginia Virtual School; Board established.

HB 9

Voter registration; required information on application form.

HB 18

Franchisees; status thereof and its employees as employees of the franchisor.

HB 70

Warrants; issuance of arrest warrants for law-enforcement officers.

HB 131

Students who receive home instruction; participation in interscholastic programs.

HB 143

Alcoholic beverage control; neutral grain spirits or alcohol sold at government stores, proof.

HB 145

Virginia Public Procurement Act; public works contracts, prevailing wage provisions.

HB 254

House of Delegates districts; technical adjustment.

HB 259

SOL; Bd. of Education prohibited from adopting revisions that implement Common Core State Standards.

HB 264

Local government; prohibiting certain practices requiring contractors to provide compensation, etc.

HB 298

Coal tax; limits aggregate amount of credits that may be allocated or claimed for employment, etc.

HB 382

Firearms; control by state agencies, rights of employees.

HB 389

Virginia Parental Choice Education Savings Accounts; established, report, effective clause.

HB 481

Compliance with detainers; U.S. Immigration and Customs Enforcement.

HB 516

Education, Board of; policy on sexually explicit instructional material.

HB 518

School boards, local; to provide students with option to transfer to another school division.

HB 560

Brandishing a firearm; intent to induce fear, etc., penalty.

HB 587

Memorials and monuments; protection of all memorials, etc.

HB 766

Concealed handguns; carrying with a valid protective order.

HB 1090

Health, Department of; expenditure of funds related to abortions and family planning services.

HB 1096

Firearms; regulation by state entities prohibited.

HB 1188

Senate districts; changes assignments of two census precincts in Louisa County.

HB 1234

School security officers; carrying a firearm.

HB 1371

Local government; prohibition on certain mandates upon employers.

SB 21

Clean Power Plan; state implementation plan; General Assembly approval.

SB 41

Religious freedom; marriage solemnization, participation, and beliefs.

SB 44

Coal tax; limits aggregate amount of credits that may be allocated or claimed for employment, etc.

SB 270

Sanctuary policies; U.S. Immigration and Customs Enforcement detainers.

SB 612

Students who receive home instruction; participation in interscholastic programs.

SB 626

Carrying concealed handguns; protective orders.

SB 767

Form of ballot; party identification of candidates.

New Laws Will Help Rape Victims, Officials Say

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By Rachel Beatrice, Capital News Service

RICHMOND – Gov. Terry McAuliffe on Thursday formally signed four bills that supporters say will increase protections for victims of sexual assaults.

In a crowded room hosted by the Virginia Sexual and Domestic Violence Action Alliance, McAuliffe signed:

  • Senate Bill 291 and House Bill 1160, which seek to ensure that rape evidence kits are tested promptly.
  • SB 248, which will allow minors to consent to an evidence recovery examination over the objections of a parent or guardian – a critical option when the adult may be the perpetrator
  • HB 1102, which aims to improve support and treatment for sexual assault survivors on college campuses

“The bills Gov. McAuliffe is signing today are truly game changers in the way Virginia treats survivors of sexual violence and the way we help them pursue justice,” Attorney General Mark Herring told the audience. “It is a long overdue overhaul of the way we conduct investigations and handle evidence.”

Last year, an audit by the Virginia Department of Forensic Science discovered that more than 2,300 rape kits remained untested – some dating to 1988, Herring said.

Sen. Richard Black, R-Leesburg, attended the signing ceremony. He sponsored SB 291.

“Suppression of violent crimes and especially of rape has been central to my career,” Black said. “And as the former head of the Pentagon’s Criminal Law Division, I will tell you that I am quite confident that SB 291 will save lives, and it will protect many, many women from sexual assault.”

The Virginia Department of Forensic Science currently processes more than 700 cases annually. McAuliffe said the new legislation would double the number of tests performed each year.

In addition, “the new state budget will include $900,000 annually to hire six new DNA examiners,” the governor said.

Herring said the goal is to address the current problem and prevent it from recurring. “Once we get the backlog cleared out, this new bill should ensure that Virginia never finds itself in that situation again.”

The new laws, which take effect July 1, also address situations in which the sexual assault survivor choses not to report the offense to law enforcement. In those circumstances, McAuliffe said, “The evidence will be stored for two years. For cases that are reported to law enforcement, the legislation requires that the evidence be sent for analysis within 60 days.”

Allowing rape kits to remain untested not only denies swift justice for the rape survivor but this also fails to protect other women.

‘It’s Time to Act,’ Says Co-founder of Black Lives Matter

By Kyle Taylor, Capital News Service

RICHMOND – A co-founder of the Black Lives Matter movement agrees that all lives matter – but she says it’s important to recognize that African-Americans in particular have been marginalized by American society.

“We actually do believe that all lives matter so much that we are willing to call out the fact that our society is reinforcing the fact that the system shows that many believe that black lives don’t matter,” social activist Opal Tometi told about 1,000 people at the Siegel Center at Virginia Commonwealth University on Thursday night.

“Black Lives Matter is a phrase, an ideology in this world where black people systematically do not matter,” Tometi said.

“We are shifting what is and what could be. Black Lives Matter is about a consciousness of the people – black folks first and foremost, because Black Lives Matter is about an affirmation of our own dignity and our own lives. Beyond that, it’s a demand to the mainstream, to those who are in power and maintaining the status quo.”

Black Lives Matter originated in the African-American community as a campaign against violence toward black people. The movement was co-founded by Tometi and two other community organizers: Alicia Garzaand Patrisse Cullors.

In 2013, after the acquittal of George Zimmerman in the shooting death of African-American teenager Treyvon Martin, the movement began with the use of the hashtag#BlackLivesMatter on social media.

Black Lives Matter has become nationally recognized for its street demonstrations following the 2014 deaths of two African Americans: Michael Brown, resulting in protests and unrest in Ferguson, Mo., and Eric Garnerin New York City. The campaign has evolved into an international activist movement.

The activists in the group believe that all lives matter, not just black lives. However, the campaign’s opponents have criticized its focus. They started a movement called All Lives Matter in direct response to Black Lives Matter.

“Much of the work we’re doing with the Black Lives Matter movement and with our particular methods with the 34 chapters across the country is bringing into existence a multiracial democracy that actually works for all of us,” Tometi said.

“We already live in a multiracial society, but what is so evident is that some people – some lives – are more valued than others.”

Tometi called for action and encouraged everyone to get involved.

“We can’t be silent about issues and how people are being marginalized any longer,” she said. “What we need is for everyone to make a very conscious and deliberate decision to be with us or against us. Either fight against the status quo that black lives don’t matter, or join the ones who maintain it.”

As the event came to a close, Tometi stressed the importance of acting. She urged the audience to form or join organizations that support the Black Lives Matter movement.

“Nice thoughts aren’t going to save black lives,” Tometi said. “We’ve been thinking and waiting for a long time. Now it’s time to act.”

VSP Trooper and Gunman Dead After Shooting at Richmond Greyhound Station

According to State Police Colonel W. Steven Flaherty, Virginia State Police trooper Chad Dermyer, 37, has died as a result of his injuries after being shot at approximately 2:40 p.m. Thursday.

During a training exercise at the bus station, Dermyer approached a male subject just inside the front doors of the bus station and while talking with the male subject, the male pulled out a handgun and shot the trooper multiple times.

As the male subject continued firing his weapon, two state troopers, who were nearby, returned fire. The male suspect then moved into the terminal’s restaurant. The shooter continued to be combative as police took him into custody and EMS crews tried to render aid to him. He was transported to VCU Medical Center, where he died later Thursday afternoon.

Flaherty said the suspect's remains were transported to the Office of the Chief Medical Examiner for autopsy and examination and State police have confirmed the male subject’s identification, but his name will not be released until next of kin is formally notified.

During the course of the gunfire, two adult females inside the bus terminal were also shot and both were transported to VCU Medical Center and are being treated for of non-life threatening injuries. No other law enforcement personnel or civilians were injured in the shooting.

"Trooper Dermyer was among approximately a dozen state police troopers participating in a specialized training on criminal interdiction practices," Flaherty said. "Trooper Dermyer’s encounter with the male subject was part of the training. Trooper Dermyer was in uniform at the time of the shooting."

Flaherty said Dermyer was transported to VCU Medical Center, where he died later Thursday afternoon.

Dermyer is a Jackson, Mich. native who graduated from the Virginia State Police Academy November 2014. Flaherty said Dermyer had recently transferred to the state police Counter-Terrorism and Criminal Interdiction Unit. Prior to joining the state police, Trooper Dermyer served with the City of Newport News Police Department and the Jackson, Mich., Police Department.

"Trooper Dermyer also served our nation for four years with the U.S. Marine Corps," Flaherty said. "He is survived by his wife and two young children. The City of Richmond Police Department immediately responded to the scene to assist State Police with securing the scene, interviewing witnesses and evidence collection."

Flaherty said additional law enforcement resources from the FBI, ATF, US Department of Homeland Security, US Marshals Service, and Henrico County Police responded to the scene to assist as well and the investigation remains ongoing at this time.

A Binghamton University press release indicates a track team member traveling to the College of William and Mary was one of the civilians injured in today's shooting.

Activists Are Teed Off at Dominion’s Gift to Environmental Official

By Grant Smith, Capital News Service

RICHMOND – A score of environmental activists practiced their putting Wednesday outside the headquarters of the state Department of Environmental Quality, highlighting the recent controversy over Dominion Virginia Power’s paying for DEQ Director David Paylor’s trip to the Masters golf tournament in 2013.

The protesters, dressed in golf attire, displayed a Masters-inspired banner that read “Dominion & DEQ, a tradition unlike any other.” Meanwhile, other protest members boarded golf carts, shuttling between the DEQ office and Dominion’s headquarters several blocks away.

On March 14, WAMU, a public radio station in Washington, reported that Dominion paid for Paylor to attend the Masters Tournament on April 13-14, 2013, in Augusta, Ga. On his financial disclosure statement filed with the secretary of the commonwealth, Paylor estimated the trip’s value at $2,370.

Neither DEQ nor Dominion intervened in connection with the protest event that lasted for several hours Wednesday morning.

“There was some activity in front of the building today. It did not cause any disruption,” said DEQ spokesperson Bill Hayden. “We really don’t have much to say other than to reiterate that Mr. Paylor’s golf trip had nothing to do with the Dominion permits that were recently issued.”

But the protesters disagree.

“Virginia’s top environmental regulator should never have considered accepting gifts, let alone a golf vacation, from Virginia’s top polluter,” said Drew Gallagher, field organizer at the Chesapeake Climate Action Network.

Over the past few months, the approval of two DEQ permits that would allow Dominion to discharge treated water from coal ash ponds into the Potomac and James rivers has drawn opposition from environmental groups, concerned citizens and some state legislators.

The disclosure of Paylor’s 2013 trip to the Masters has become a focal point for environmentalists who perceive the approval of the coal ash permits as an indicator of the influence Dominion has over politicians and regulators alike.

“I think what people see is business as usual – Dominion proposes something, and they get it despite massive overwhelming opposition,” Gallagher said.

Gallagher went on to explain the inspiration for the satirical, golf-themed protest. He cited the sit-in demonstration earlier this month when 17 students from the Virginia Student Environmental Coalition were arrested after occupying the DEQ lobby for three hours.

“We have seen several arrestable actions recently, where people have been willing to put their body in harm’s way to highlight what they see as a flawed process,” Gallagher said.

“That’s certainly an important part of effecting change, but sometimes people need to have a smile and a laugh. We thought that it would be good to take (the issue) in a lighter direction.”

Paylor has declined to comment specifically on the WAMU story. However, in an earlier statement, he said, “The people who work at DEQ take their environmental stewardship obligations seriously, and recent accusations against DEQ’s integrity are baseless.

“The quality of Virginia’s rivers and streams has improved dramatically over the years. DEQ will continue to write and enforce permits that protect Virginia’s environment in the consistent, thorough and responsible manner that Virginians deserve.”

VCU Falls to Oklahoma in NCAA Tournament

By Bryant Drayton and Sarah King, Capital News Service

OKLAHOMA CITY – Defeated, but not without a fight, VCU’s Cinderella run was halted at the hands of Buddy Hield and the Oklahoma Sooners on Sunday in the second round of the NCAA tournament at the Chesapeake Bay Arena here.

The 85-81 loss in front of a 14,000-deep OU crowd was a tale of two halves for VCU, as the Rams had a nightmarish start that led to a halftime deficit of 44-31. But VCU held Oklahoma’s Buddy Hield to just seven first-half points.

“I think he just missed shots,” said senior Melvin Johnson. “In the beginning of the game, Korey (Billbury) and Jordan (Burgess) did a good job arriving on the catch, forcing him to take some tough shots.”

The Sooners capitalized on a smaller VCU front court to start the contest, out-rebounding VCU 25-13 in the first half.

The turning point of the contest came when head coach Will Wade decided to give two reserves – sophomore Mike Gilmore and junior Doug Brooks – a chance to make their presence known. The pair brought scrappy play, silencing the OU crowd with 3-point shots and pesky defense.

“I just wanted to give us a spark,” Gilmore said. “I just wanted to keep this thing going for as long as I could.”

Gilmore attributed his early play, then long run on the bench, this season to being passive and not ready to shoot the ball. He said he wanted to go in and fire at will, knowing he could knock down the key shots VCU needed to keep pace with OU.

“We came back fighting; we had them on their heels the whole game,” Brooks said. “Basically we were out there just trying to play for each other and play for our seniors.”

In his last performance wearing a VCU uniform, Johnson did all he could to keep his team alive. The Bronx native tallied 23 points, knocking down five big 3-pointers that brought the game back to VCU.

“I think I had a pretty good career – a roller-coaster ride,” Johnson said. “But just coming into this year, I really blocked all distractions, really locked in.”

Johnson was adamantly positive about the play of junior guard JeQuan Lewis, saying it’s Lewis’ team now and he expects him to get the team back to the NCAA Tournament next year and to go even further.

“I just told JeQuan in the locker room, ‘Please keep working,’” Johnson said. “He’s a big-time player, as you can see. Next year he’s going to be extremely dangerous when he has the green light.”

Lewis recorded his second consecutive 20-point outing in the Big Dance. The up-tempo guard registered 22 points on 9-15 shooting. He also had nine assists to add to the eight he had in the win against Oregon State.

Lewis did it all for VCU in Sunday’s loss. Matched up with Jordan Woodward and Isaiah Cousins, two big guards for OU, Lewis held his own and was the catalyst behind the 14-point comeback in the second half that found VCU with its first lead of the game with eight minutes to play.

“When we came out in the first half, we were a little slow and going with the motions,” Lewis said. “But in the second half, we didn’t come here to lose, so we had it in the front of our minds that we’re going to put up a fight.”

No doubt VCU put up a well-fought match for what many considered an easy OU win. But the Sooners’ Hield was just a different breed.

After recovering from just seven first half points, Hield, a senior from the Bahamas, rattled off 29 second-half points to lead his team to a win.

“He’s just a phenomenal player – the best player I’ve seen in college basketball,” Wade said.

As soon as VCU found a way to get back into the contest, Hieldhit a 3-pointer to silence the run and put a dagger in the hearts of the Ram fans that came out in support of their team in Oklahoma City.

The Rams out-scored OU in the second half 50-41, but missed costly free throws at the end of the game, resulting in the narrow victory for OU.

“I think this is the best one because it means a lot, because it’s the NCAA Tournament – big stage, win or go home,” Hield said when asked where this game ranked for him. “And you don’t get these moments back every time.”

The Rams end the season 25-11 and co-champions of the Atlantic 10 division, in a year they were picked to finish fifth in the A-10. The season may have officially ended, but the legacy of Johnson and the play of his fellow senior Billbury will be a story for the ages.

“I just came here having faith hoping everything will work out,” Billbury said. “I got more than what I expected, and I just can’t thank everyone enough for supporting me. It’s been crazy; it’s been a real nice ride.”

Wade expressed his gratitude for the resilient play of his team this season, saying Sunday’s comeback performance was indicative of the mindset the Rams have portrayed all year.

The game ended in a loss, but the team battled at the face of adversity. In front of a dominant OU crowd, VCU flexed its muscles, granting Sooner fans a moment to exhale when it was all said and done.

“We’ve been that way all year,” Wade said. “We’ve been resilient, and we’ve always just battled, battled, battled.”

Ukrainian Visitors Say ‘Dyakuyu’ (Thanks!)

By Bailey Tyler, Capital News Service

RICHMOND – At first glance, the posse of young adults seemed to be tourists, but these visitors were not here just to sightsee. They approached the Virginia State Capitol building, chatting in a language that was hard to place. One member of the group was Iryna Degtyarova.

“We were looking around and didn’t believe that we were in America,” she said, trailing off in laughter.

Degtyarova and her colleagues from Ukraine had traveled about 5,000 miles to visit Richmond and learn about government and education in America. The five visitors were educators and emerging political leaders who were selected to participate in Open World, a foreign exchange program funded by the U.S. Congress.

The Ukrainian delegates spent a few days in Washington, D.C., and then a week in Richmond earlier this month, meeting with state and local officials, touring the Virginia Capitol, visiting schools and witnessing the presidential primary elections on Super Tuesday.

The Ukrainians were hosted by Virginia Commonwealth University and community volunteers. This was the fifth year that VCU has hosted an Open World delegation, and the second year the delegates have been from Ukraine.

The goal of the program is to bring young leaders from post-Soviet countries to the United States to expose them to American governance, democracy and free enterprise, according to FHI 360, a nonprofit group that helps administer Open World on behalf of the Library of Congress.

During their week long stay, the Ukrainians participated in a whirlwind of activities. They:

  • Discussed primary, secondary and higher education issues with Anne Holton, Virginia’s secretary of education
  • Met with numerous legislators, including Sens. Bill Stanley and Bryce Reeves, who recognized the group during a session of the Senate
  • Toured the Virginia Capitol, the Library of Virginia and the Governor’s Mansion, where they met with first lady Dorothy McAuliffe
  • Visited the newsroom of CBS 6 (WTVR) to see how reporters covered the presidential primary elections on Super Tuesday
  • Discussed transparency in government with officials at the Virginia Freedom of Information Act Advisory Council and the Virginia Public Access Project
  • Visited Maggie L. Walker Governor’s School for Government and International Studies and Overby-Sheppard Elementary School in Richmond

Three units at VCU collaborated in hosting the group: the Global Education Office, the Wilder School of Government and Public Affairs, and the Richard T. Robertson School of Media and Culture.

Jeff South, the Robertson School’s director of undergraduate studies, said that while the Ukrainians experienced American culture, the Americans learned about Ukrainian culture.

“I’d say it benefits VCU as much as it benefits – probably more than it benefits – the visiting delegates from other countries,” he said.

Before coming to Richmond, the Ukrainians had an orientation in Washington, D.C. Degtyarova, a postdoctoral researcher for the Department of Law and European Integration in the National Academy of Public Administration in the city of Dnipropetrovsk, said she felt overjoyed to arrive in the United States for the first time.

Degtyarova joined the program because she wanted to learn about American governance and higher education. She said Ukrainians and Americans have a positive relationship.

“The United States are the great supporter in the way of reforming our lives, in every sphere,” Degtyarova said.

Another delegate was Yuliia Epifanova, an assistant professor of civil law at V.N. Karazin Kharkiv National University. Epifanova said her goal for the week was to learn more about America’s education system and compare it with Ukraine’s.

“If I learn more for Ukraine, it will be great,” she said.

The delegates spent their nights with host families, who were mostly VCU faculty – or retired faculty in the case of Steve Saltzberg. Saltzberg, the former director of the VCU Computer Center, and his wife Sheila Chandler, hosted two of the delegates: Epifanova and Nataliia Lukova-Chuiko, an associate professor of cybersecurity at Taras Shevchenko Kyiv National University.

Saltzberg and Chandler have been a host family for Open World for years. Saltzberg said he appreciated that this year’s delegates were fluent in English.

“We’ve hosted Russian, which was our biggest challenge,” Saltzberg said. “Google Translate does wonders.”

Staying with a host family gives delegates a window into American culture, and vice versa.

“It gives us a different view about what the planet we live on is like,” Saltzberg said. “Seeing our city, our Richmond, through their eyes gives us a different perspective about what our city is like.”

The other Ukrainian delegates were Oksana Kozak, the press secretary to a member of the Ukrainian Parliament, and Yurii Khalavka, an assistant professor at Yurii Fedkovych Chernivtsi National University. The group was accompanied from Ukraine by a facilitator, Vyacheslav Zub.

The delegation returned to Ukraine with new knowledge of the United States and experience with its people.

The day before they left, the Ukrainians showed their appreciation to the Richmond community by preparing borscht – a thick soup made with beets – and other dishes from their homeland. At the cooking demonstration at a residence hall at VCU, Epifanova said her stay in the United States was a great experience.

“We’ve learned, and it is something to improve Ukraine,” she said.

Erin go Bragh, Y’all! How Irish Is Virginia?

Capital News Service

About one in 10 Virginians claim Irish ancestry, according to the latest data from the U.S. Census Bureau. That’s approximately the proportion for the nation as a whole.

But the statewide average is deceptive. In some Virginia communities, the proportion of residents with Irish roots is much higher – and in other communities, it’s non-existent.

For example, Nottoway Court House, in Southside Virginia, has a population of 78 people – and 45 of them are descended from Ireland, the Census Bureau estimates. In more than 30 communities, at least 20 percent of the residents trace their roots to Ireland.

Here in Emporia, 240 of our 5,682 citizens, or 4.2% of the population have roots on the Emerald Isle.  No data was provided for counties.

At the other extreme, the bureau’s data indicate that more than 50 communities in the commonwealth may have no residents with ties to Ireland.

At the county level, Mathews and Fauquier counties have the highest percentage of residents with Irish ancestry – about 17 percent. Then come Bath and Clarke counties at around 16 percent. In contrast, about 2 percent of Petersburg’s residents can trace their background to Ireland.

Among the 50 states, Massachusetts has the highest proportion of people with Irish ancestry – 22 percent. Virginia ranks No. 34, at 10 percent.

In a press release for St. Patrick’s Day, the Census Bureau noted that about 11.5 percent of the population of South Bend, Ind., home to the Fighting Irish of the University of Notre Dame, claim Irish ancestry. At least 190 towns and 40 cities and counties in Virginia can top that.

Virginia even has a town called Dublin, in Pulaski County. About 500 – or 19 percent – of its approximately 2,600 residents have Irish roots.

VCU Unveils $50.8 Million Library Renovation

By Sarah King, Capital News Service

RICHMOND – When Virginia Commonwealth University opened Cabell Library in 1970, enrollment was about 17,000 students. Forty-five years later, enrollment had doubled at the university – but the library was still the same size. As a result, VCU had less library space per student than any other university in the state.

That changed Tuesday, when VCU President Michael Rao, Virginia Secretary of Education Anne Holton, University Librarian John Ulmschneider and others formally presented the newly completed, $50.8 million Cabell renovation.

“Every decision about this new building has been made with students first,” said Sue Robinson, public affairs specialist for VCU Libraries. “We've held student forums. They voted on furniture, were polled on types of workspaces they liked. We knew they were desperate for more study rooms for collaborative work.”

Robinson said the changes include an innovative media new workshop in the library basement, with 3-D printers and other cool tools. The workshop is free and open to all students and faculty.

The Cabell renovation-construction project, which started in December 2013, added 93,000 square feet to the facility and improved 63,000 square feet of previously existing space. The library features an expanded 3,400-square-foot Starbucks, 3,000 student seats (double the previous number) and 175 more silent study seats.

“What we really are celebrating is the future,” Rao said during the opening ceremony of the library. “I still think of libraries as medicine for the soul.”

To make the project happen, the university used $50.8 million in state funds and $6 million in private funds from the library’s endowment. No student tuition money was used.

To help fund furnishings and other items not covered by the state, the Cabell Foundation, a philanthropic organization in Richmond, awarded a $1 million challenge grant to VCU Libraries. The library system will get the money if it raises $1 million in new gifts and pledges by June 30, 2017.

In his speech at the opening ceremony, Ulmschneider indicated that more funds would be divided up. Half would go into the library’s endowment, and half would go to building stations for nursing mothers, providing accommodations for deaf people and creating an interfaith meditation area.

“VCU has created one of the country’s most outstanding academic libraries,” Ulmschneider said.

Robinson said the library’s busiest study months are October and April. Last October, more than 63,000 people visited Cabell in one week.

Cabell Library is located in the physical center of VCU’s Monroe Park Campus. Over the past decade, use of the library has doubled to more than 2 million visitors a year. That is 500,000 more visits than the Library of Congress gets.

Cabell was already the busiest academic library in Virginia, but according to Ulmschneider, use of the facility has increased by 30 percent since the new addition opened to students at the start of the academic year.

Robinson said that according to preliminary projections, the expanded and improved Cabell Library may receive as many as 2.5 million visitors in 2016.

“Most important thing of all is the students love it. It’s not me, it’s the students that matter, ” Ulmschneider said. “And they are filling this place like you uncorked a bottle in the water.”

Environmental Official Got Gifts from Dominion

By Grant Smith, Capital News Service

RICHMOND – The water might drain from Dominion Virginia Power’s coal ash ponds, but the plot has thickened. Documents brought to light this week show that the director of the Virginia Department of Environmental Quality, David Paylor, accepted gifts from Dominion in 2013, including a trip to the Masters golf tournament in Georgia.

WAMU, a public radio station in Washington, reported Monday that Dominion paid for Paylor to attend the Masters Tournament on April 13-14, 2013, in Augusta, Ga. On his financial disclosure statement filed with the secretary of the commonwealth, Paylor estimated the trip’s value at $2,370.

Dominion also paid for a $1,200 dinner for Paylor and nine other people at O’Tooles Irish Pub in Augusta on April 13, 2013, WAMU reported.

Data from the nonpartisan Virginia Public Access Project confirmed that Dominion reported providing gifts to Paylor in 2013. Dominion reported spending $4,492 for Paylor and Del. Barry Knight, R-Virginia Beach, to attend the Masters. Both men also were at the dinner at O’Tooles. The cost of the dinner was $1,236, Dominion’s gift disclosure said.

Armed with this new information, environmental activists are demanding action against what they perceive as a problematic relationship between Dominion and Virginia government.

The activists want the state to revoke permits that Paylor’s agency granted to Dominion to drain treated wastewater from the utility’s coal ash pits in Fluvanna and Prince William counties into the James and Potomac rivers. Environmental groups also are calling for an investigation into the release of untreated coal ash water into Quantico Creek last spring.

“For months, Paylor misinformed the public about Dominion’s secretive and potentially illegal dumping of nearly 30 million gallons of untreated coal ash wastewater into Quantico Creek, a tributary of the Potomac River, in May 2015,” the Chesapeake Climate Action Network alleged.

Coal ash is the residue left over from burning coal. It is commonly stored in retaining ponds on site of coal-fueled power plants. Potentially toxic concentrations of heavy metals inherent to coal ash include arsenic and mercury.

“Dominion’s influence over Virginia’s General Assembly has been apparent for years, but now it appears to extend to the same regulators entrusted to police the company’s pollution,” said Mike Tidwell, director of the Chesapeake Climate Action Network. “David Paylor vacationed on Dominion’s dime while he was simultaneously entrusted with protecting the public from Dominion’s pollution. This is a stunning conflict of interest.”

Paylor and the DEQ have declined to comment specifically on the WAMU story. However, the agency referred Capital News Service to a statement DEQ released last week after two lawsuits challenging the management of coal ash wastewater in Virginia were settled.

“The people who work at DEQ take their environmental stewardship obligations seriously, and recent accusations against DEQ’s integrity are baseless,” Paylor said in the statement.

“The quality of Virginia’s rivers and streams has improved dramatically over the years. DEQ will continue to write and enforce permits that protect Virginia’s environment in the consistent, thorough and responsible manner that Virginians deserve.”

DEQ and Dominion officials maintain that the company’s plan for treating and releasing the water in the coal ash ponds is environmentally sound.

“DEQ is pleased that Dominion has voluntarily agreed to go beyond federal and state regulatory requirements to further enhance protections for Virginia waters,” Paylor said in last week’s statement.

“DEQ has full confidence that its discharge permits fully protect water quality, aquatic life and human health. The permits issued for Dominion’s Bremo and Possum Point power stations, like thousands of similar permits DEQ has written in the past four decades, meet strict federal and state requirements for water quality.”

Despite such assurances, environmental activists questioned the ethics of Paylor’s acceptance of the gifts.

“The decisions Paylor is making now will have a huge impact on the health of Virginia waterways and citizens for years to come,” Tidwell said. “How can we trust he is putting the health of Virginians above the profits of Dominion?”

The Virginia Student Environmental Coalition also criticized the relationship between Paylor and Dominion.

“A majority of communities, ourselves included, who organize against these environmental injustices do not have the political or monetary power to send politicians to the Masters, or pick up their bar tabs,” said Laura Cross, a student at the University of Virginia.

Last week, 35 members of the coalition occupied the lobby of the Department of Environmental Quality in downtown Richmond for three hours, demanding a meeting with Paylor. Cross and 16 other students were arrested.

In 2014, the General Assembly passed an ethics reform bill that limited gifts for public officials to $100. The law apparently would have prohibited the size of the gifts Paylor received from Dominion in 2013.

Dominion officials defended the company’s practices.

“Politics is not a spectator sport,” David Botkins, a spokesman for Dominion, told WAMU, which is based at American University. “Our employees and our company participate in [it] just like every other industry, business, nonprofit and organization out there. That’s how democracy works.” He added that “Folks who lose on the policy side will tend to throw rocks at us because of the political contribution issue. I think it’s unfair.”

Since 2005, Dominion has contributed about $7 million to political parties, candidates, and political action committees in Virginia, according to the Virginia Public Access Project. The week before the 2016 legislative session began on Jan. 13, Dominion contributed $105,000 to Virginia political party committees – $55,000 to Republicans, $50,000 to Democrats.

During the session, which ended last week, Sen. Scott A. Surovell, D-Fairfax, introduced a bill to require coal ash to be excavated and moved off site to landfills away from major water sources.The measure, Senate Bill 537, died in the Senate Agriculture, Conservation and Natural Resources Committee. The vote was 7-7 vote, with Sen. Rosalyn Dance, D-Petersburg, abstaining.

According to the Virginia Public Access Project, Dance has received about $23,000 in campaign contributions from Dominion during her 12 years in the General Assembly.

In January, the State Water Control Board, part of the Virginia Department of Environmental Quality, approved permits for Dominion to begin draining millions of gallons of treated water from coal ash ponds in Fluvanna and Prince William counties.

Surovell was in attendance along with about 100 opponents to the permits during the vote. He said Dominion’s plan was unsettling to more than just hardcore environmentalists. “You’re not just hearing concerns from the environmental community,” the senator said. “You’re hearing concerns from major institutions saying, ‘Let’s slow this down, let’s get this right.’”

Nissa Deanwas one of the State Water Control Board members who voted to grant the permits to Dominion. She is the Virginia director of the Alliance for the Chesapeake Bay. WAMU reported that in 2015, Dominion’s charitable foundationgave the alliance two grants – one for $25,000 and the other for $20,000.

After the board approved Dominion’s permits, environmental groups such as the James River Association and Potomac Riverkeepers continued to protest. Represented by the Southern Environmental Law Center, these groups planned to appeal the permits for the “dewatering” of coal ash ponds at the Bremo Bluff and Possum Point stations.

Last week, the James River Association agreed not to appeal the Bremo permit after receiving assurances from Dominion that the utility will take extra steps to ensure that wastewater will contain little if any heavy metals or other hazardous chemicals. In 2015, the association received a $50,000 environmental grant from Dominion.

VCU Makes NCAA Tournament as a 10-seed

By Bryant Drayton and Sarah King, Capital News Service

NEW YORK — Just hours after St. Joseph’s robbed VCU of its second consecutive Atlantic 10 Tournament title in a double-digit loss, the Rams had an opportunity to celebrate in Brooklyn.

VCU’s season isn’t over yet — the Rams made the NCAA tournament for the sixth year in a row as a 10-seed on Selection Sunday, following a tough 87-74 loss to the Hawks  in Brooklyn’s Barclays Center. The Rams now face 7-seed Oregon State on Friday in Oklahoma City.

“We feel a lot better even though the loss is still kind of fresh,” said senior and Oklahoma native Korey Billbury. “I’m excited to get back and play in front of my home town.”

Billbury’s tone was markedly different after the team learned they were an automatic bid in the tournament than just hours prior after the A-10 championship loss.

The transfer player was one of the Rams’ prime offensive assets against St. Joe’s, registering 19 points and a spot on the A-10 All-Championship Team.

“We knew what we were supposed to do,” Billbury said after Sunday’s final game. “It wasn’t them, it was us.”

First-year head coach Will Wade was confident his team would make it to the tournament, even just minutes after the loss in the A-10 final, but said he was thrilled to know the team would be competing in Oklahoma next week.

“Give our guys credit they rallied,” Wade said. “Korey came to us for one season now he gets to play in the tournament in his home state.”

While for Billbury, the first round of the NCAA tournament signifies a homecoming and for Wade, a big moment as a first-year coach -- it is perhaps most symbolic for senior Melvin Johnson, who will be competing in his fourth-straight NCAA tournament.

“Hearing our name called, guys were excited and smiling again,” Johnson said. “It’s a relief to see our name up there as an automatic bid. You have to be really fortunate to be in this position.”

Former head coach Shaka Smart’s team, 6-seed the University of Texas Austin, will also be competing in Oklahoma City on Friday against 11-seed Northern Iowa — meaning if VCU and Texas were to brush paths it could potentially happen in a Sweet 16 matchup.

In the meantime, the Rams are preparing one day at a time. Wade said the team will be sure to get some well deserved rest before turning its attention to March Madness.

“It’s nothing special as the way you prepare,” Johnson said. “It’s not like it’s the World Series. It’s just big time basketball.”

Oregon State finished 19-12 on the season and Beavers return to the tournament after a 26 year hiatus from being selected.

“They are a good team, we will need to play well but we are excited about the opportunity,” Wade said.

Smoking in a Car With Kids Soon May Be Illegal

By Grant Smith, Capital News Service

RICHMOND – If the governor adds his signature, Virginians could be fined $100 for smoking in a car in the presence of children.

The Senate joined the House by giving final approval to a bill that would make smoking in a motor vehicle with passengers younger than 8 a violation punishable by a civil penalty of $100.

The violation would be a secondary offense, meaning it would affect only individuals who have already been pulled over by police for a traffic violation or other offense.

The Senate passed House Bill 1348 in a vote of 27-12 on March 3. The bill is now in the hands of Gov. Terry McAuliffe. If signed, the law would take effect July 1. McAuliffe has until April 11 to act on the legislation.

The bill’s sponsor, Del. Todd E. Pillion, R-Abingdon, is a pediatric dentist. In support of the legislation, he has cited the harmful effects of secondhand smoke, especially on developing lungs.

When the bill was debated before the House, some delegates voiced opposition to the measure. “We have a tendency here to tell everybody how to live. We tell them what to do, how to act,” said Del. Riley E. Ingram, R-Hopewell.

The legislation defines smoking as any lighted cigarette, pipe or cigar.

“It is unlawful for a person to smoke in a motor vehicle, whether in motion or at rest, when a minor under the age of eight is present in the motor vehicle,” the proposed law states.

Pillion said the bill covers passengers younger than 8 years old because these children already are legally required to be put in car seats. He said this requirement could assist police officers in determining a child’s age.

The House voted 59-38 in favor of the bill on Feb. 12.

Though subject to a $100 fine, individuals found guilty of violating the law would not face court costs or demerit points on their driving record.

Revenue from the fines would go into the state’s Literary Fund. This program provides for low-interest loans for school construction, technology funding and support of teacher retirement.

 

How They Voted

Here is how the Senate voted on HB 1348 (“Smoking in motor vehicles; presence of minor under age eight, civil penalty.”)

Floor: 03/03/16  Senate: Passed Senate (27-Y 12-N)

YEAS– Alexander, Barker, Chafin, Chase, Dance, Deeds, DeSteph, Ebbin, Edwards, Favola, Hanger, Howell, Lewis, Locke, Lucas, Marsden, McEachin, McPike, Miller, Norment, Petersen, Saslaw, Stuart, Sturtevant, Surovell, Vogel, Wexton – 27.

NAYS– Black, Carrico, Cosgrove, Dunnavant, Garrett, McDougle, Newman, Obenshain, Ruff, Stanley, Suetterlein, Wagner – 12.

RULE 36 – 0.

NOT VOTING – Reeves – 1

VCU Offense Stalls in A-10 Tournament Loss

By Bryant Drayton and Sarah King, Capital News Service

NEW YORK – VCU’s lack of offensive tempo put an abrupt halt to head coach Will Wade’s dream scenario of accomplishing an Atlantic 10 tournament title in his first championship game against Saint Joseph’s on Sunday.

The Hawks defeated VCU, the reigning A-10 tournament champions, in an 87-74 game at the Barclays Center in Brooklyn – a tough conclusion to VCU’s wins against UMass in the Friday quarterfinals and Davidson in the semis on Saturday.

“Our guys have fought all year,” Wade said. “To St. Joe’s credit, they showed up ready to go.”

The Hawks came out firing, led by Isaiah Miles and DeAndré Bembry. The St. Joe’s offense shot 64.8 percent from the field, connecting on 35-54 shot attempts. VCU’s usually stingy defense couldn’t find an effective answer to stopping the two A-10 studs.

“Miles and Bembry were phenomenal tonight,” Wade said. “They absolutely killed us.”

Miles registered 26 points and 12 rebounds on the afternoon. The 6-foot-7 athletic forward was named the most outstanding player of the tournament. His frontcourt partner Bembry went on to tally 30 points, five rebounds and four assist, and was named to the A-10 All-Championship Team.

Offensively, VCU senior Korey Billbury and junior JeQuan Lewis were the Rams most productive assets.

Lewis recorded 19 points and seven assists – his best outing of the weekend. Billbury continued his hot tournament shooting with 19 points and a spot on the A-10 All-Championship Team.

Matched against Bembry for the majority of his time on the court, Billbury found himself in a dogfight to gain position on drives to the basket.

“We knew what we were supposed to do,” Billbury said. “It wasn’t them, it was us.”

The Rams’ offense shot a promising 41.2 percent from the field, but another poor shooting day from 3-point territory was the reason VCU was unable to shorten the Hawks’ lead for the entirety of the game. The Rams connected on only seven of their 29 attempts.

At the 8:32 mark in the second half, the Hawks’ Papa Ndao was given a flagrant-1 for mouthing-off to the official after a foul was called against him. As he walked to the bench, Ndao raised his arm in dismay at the official, said something again and was thrown out of the contest.

Ndao ejection was the break VCU fans were waiting for all game.

“We were able to get (the point deficit) within single digits and I was proud of the way our guys battled,” Wade said. “Maybe if one of those three’s had fallen when we got it back to seven or nine might have been a different deal.”

Two questions face a dejected VCU awaiting the Selection Sunday decision: what seed and location will the Rams get, and how is the health of senior Melvin Johnson, who limped off the court as the buzzer sounded during Friday’s quarterfinal matchup against Davidson?

Johnson had only five points on 2-7 shooting from the field. VCU will need their top assassin at 100 percent to fortify the Rams’ hopes of making a NCAA tournament run.

VCU is rumored to be an eighth seed in the tournament, and the Rams could find themselves playing in the ideal Raleigh East Coast region.

“We’ll be ready to go wherever they send us,” Wade said. “We need to rest a little bit and get ready to go later on this week.”

Selection Sunday, when the NCAA Division I men’s basketball committee reveals which 68 teams have made the field for the basketball championships, airs on CBS at 5:30 p.m. Sunday.

Children’s Pavilion Consolidates Pediatric Care

By Sarah King, Capital News Service

RICHMOND – Brianna Burke was one of the youngest people at a ceremony outside a new facility of the Children’s Hospital of Richmond at VCU on Wednesday – but the gregarious 10-year-old undoubtedly had one of the most important jobs.

Alongside Gov. Terry McAuliffe, Virginia Commonwealth University President Michael Rao and other public officials, Brianna unabashedly cut the pink ribbon at the grand opening for the Children’s Pavilion at 1000 E. Broad St.

The $200 million, 15-story facility boasts 640,000 square feet, 83 exam rooms and 600 parking spaces. It will have more than 350 doctors, nurses and other experts specializing in the care of young patients. The pavilion will open to children and families on March 21.

“It was awesome,” Brianna said grinning after the ceremony. She especially likes the pavilion’s playful features, such as an interactive floor and kid-friendly lighting.

“When you’re in the waiting room, you can step on the fish and they’ll run away,” Brianna said. “And there are chandeliers you can bang on and they make music. And there’s an outside part, and lots of windows and really big comfy chairs in the infusion room.”

The Children’s Hospital of Richmond at VCU is a network of facilities, some located on Brook Road in North Richmond and others on the VCU Medical Center campus in downtown Richmond. The Children’s Pavilion, five years in the planning, is the newest part of that network. The facilities are part of VCU Hospitals, the teaching hospitals associated with the Medical Center.

John Duval, the chief executive officer of VCU Hospitals, said the vision for the pavilion was informed by a changing health-care landscape. Experts saw that the demand for outpatient children’s health services has outpaced the need for inpatient care. Indeed, outpatient services make up 90 percent of all pediatric care.

The pavilion is divided into more than 10 clinical and diagnostic pods, each specializing in a different area of care. The facility consolidates a number of outpatient services – such as specialty clinics, surgery, radiology, dialysis, lab testing and infusions – under one roof.

“Why come to Virginia? Because we now have the best children’s outpatient facility in the United States of America,” McAuliffe said at the ribbon-cutting ceremony. “The connection between healthy children, a healthy workforce and a healthy economy cannot be overstated.”

VCU officials say the pavilion is the largest and most advanced outpatient facility in the region. It will provide comprehensive care for children with medical problems and more flexibility for parents like Nicole Houser, Brianna Burke’s mother. Houser and Brianna have been traveling to Richmond from their home in Hampton for the past two and a half years.

“We come to the hospital about once a month – sometimes a little more than that,” Brianna said. “Then I get my infusions, and I go to dermatology, and sometimes they check my heart.”

Houser said until now, Brianna’s appointments required a long day of travel in the car, then more commuting back and forth across the VCU Medical Center campus for various appointments. Houser said this is especially taxing for Brianna, who uses a wheelchair, and at times proved dangerous in poor weather or bad traffic.

“But my sisters always help me and play with me,” Brianna said. “Sometimes I play teacher because they say, ‘Brianna, can you teach me math?’ But now they have a waiting room where they can play while me and mommy go to the doctor.”

The Children’s Pavilion includes the Ronald McDonald House Sibling Center. It will accommodate the brothers and sisters of young patients – like Brianna’s 8-year-old twin sisters, who often take part in her daylong trips to Richmond.

VCU officials said the pavilion will enhance the reputation of the university’s medical school and hospitals.

“It is part of the recognition that ours is a nationally premier medical center that’s on par with the best in the country,” Rao said. “But most importantly, it is a place that makes a profound difference in the lives of children and their families.”

Houser said her daughter has come a long way since coming to the Children’s Hospital of Richmond.

“I know Brianna’s medical condition is not by the textbook and her team’s collaborative efforts show that they’re dedicated to her,” Houser said. “(They) are much more than nurses, patient advocates and physicians – (they’re) a godsend and Brianna’s guardian angels.”

Senate Panel OK’s Bill to Defund Planned Parenthood

By Grant Smith, Capital News Service

RICHMOND – In an 8-7 vote along party lines, a Senate committee on Thursday approved a bill to prohibit the Virginia Department of Health from funding Planned Parenthood and other groups that provide abortions. The full Senate is expected to vote on the bill Monday.

The eight Republicans on the Senate Committee on Education and Health voted in favor of House Bill 1090; the panel’s seven Democratic members voted against it.

HB 1090 states that the Health Department “shall not enter into a contract with, or make a grant to, any entity that performs abortions that are not federally qualified abortions or maintains or operates a facility where non-federally qualified abortions are performed.”

That means the state would cut off funds for organizations that offer abortions that are not eligible for matching funds under Medicaid. This would include any abortion outside of cases of rape, incest, or “gross fetal anomalies.”

The bill has been amended so that it would not affect licensed hospitals that perform non-federally qualified abortions.

The bill’s sponsor, Del. Benjamin Cline, R-Amherst, has said his bill would “defund Planned Parenthood and redirect funds to more comprehensive health care for women.”

Dozens of supporters of Planned Parenthood attended the Senate committee meeting on Thursday to testify in opposition of HB 1090. The committee limited public comment and requested that individuals submit written testimony instead.

Anna Scholl, executive director of Progress Virginia, a nonprofit advocacy group, spoke out against the committee’s decision. “No politician should decide for a woman which health care provider she can or cannot see, but today eight state senators decided they know better than women and their doctors,” Scholl said.

The Virginia Department of Health does not fund abortions for any reason outside of the Medicaid exceptions. Supporters of Planned Parenthood say HB 1090 would effectively cut off state funding for its services such as family planning counseling, birth control and testing for sexually transmitted diseases.

The House passed the bill on a 64-35 vote on Feb. 16. Afterward, Cianti Stewart-Reid, executive director of Planned Parenthood Advocates of Virginia, called on senators to reject it.

“This bill cannot become law,” she said. “The intent of this bill is clear – to shame and coerce women from accessing safe and legal abortion and ban access to Planned Parenthood.”

House Panel Blocks Equal Rights Amendment

By Rachel Beatrice, Capital News Service

RICHMOND – A handful of men and women who want Virginia to ratify the federal Equal Rights Amendment rallied outside a committee meeting room at the General Assembly, holding signs that read “Equal Means Equal” and “ERA.”

But the House Privileges and Elections Committee decided to shelve the ERA, which would guarantee women and men equal rights, for another year.

“This is the fifth year in a row we have passed [the amendment] with bipartisan support in the Senate. And on crossover, you see that it’s not only ignored but completely obstructed,” said Eileen Davis, co-founder of the group Women Matter. “At what point are you simply obstructing the democratic process? We’re not giving up.”

The ERA would put in the U.S. Constitution a guarantee that “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” Congress proposed the amendment in 1972 and gave the states 10 years to ratify it. It was never added to the Constitution because it was not ratified by the necessary 38 states.

Virginia would have become the 36th state to approve the ERA under Senate Joint Resolution 1, sponsored by Democratic Sens. Scott Surovell of Mount Vernon and Jennifer Wexton of Leesburg.

The resolution, which cleared the Senate on a 21-19 vote on Jan. 26, maintained that the ERA still could be ratified despite the expiration of the 10-year ratification period set by Congress.

After its approval by the Senate, SJR 1 crossed over to the House, where it was assigned to the House Privileges and Elections Committee. That panel already had killed an identical measure – House Joint Resolution 136, sponsored by Del. Mark D. Sickles, D-Fairfax. On Friday, it did the same to the Senate counterpart.

Sickles and other ERA supporters were disappointed.

“I’m for equality for everybody,” Sickles said. “The only sure way to have secure equality is through the Constitution.”

According to Sickles, the late Supreme Court Justice Antonin Scalia “said that women aren’t protected under the Constitution.”

“He was a big supporter of amendments and amending the Constitution: If you wanted to change something or find some right you didn’t think was there, amend the Constitution. This is the way we need to go under his philosophy,” Sickles said.

Opponents of resolutions to ratify the ERA say the measures are pointless because the ratification deadline passed on June 30, 1982. But the resolutions’ supporters disagree.

“There are other constitutional amendments that have lain dormant for years and years,” said Del. Jennifer Boysko, D-Herndon. “And they have gotten traction and eventually passed as well.”

In particular, ERA supporters cite the 27th Amendment, about compensation for members of Congress. That amendment was submitted to the states in 1789 and wasn’t ratified until 1992.

“We shouldn’t have to wait for any of our fundamental rights,” Sickles said. “But it’s been our history. Look how long it took us to stop Jim Crow and segregation – and we’re still having lingering effects of that today.”

Another issue is that many young women do not even know the ERA hasn’t been ratified, Davis said. “Many think everything is fine.”

But everything is not fine, Boysko said. “There are studies that show that a man and a woman – equal in grades in graduate school – get out, go to the same firm and within five years, the man is making 20 percent more than she is.”

Davis said that more than 70 percent of Americans believe the ERA has already been ratified. That misconception is even more prevalent among people under 40.

“When we get the word out, there’s going to be a huge outcry,” said Davis, who has urged members of the House of Delegates to approve the resolution. “But part of the reason word’s not getting out is because it’s being suppressed in this chamber.”

Del. Sam Rasoul, D-Roanoke, supports the ERA and its ratification. “In 2016, what kind of signal are we sending that we do not want women to be equal in the eyes of the Constitution as men? We should be well past this debate.”

Danette Fulk, a Republican and military veteran who was among the ERA supporters at Friday’s hearing, likened the issue to the 14th Amendment, which granted citizenship to “all persons born or naturalized in the United States,” including newly freed slaves.

“The 14th Amendment was passed in 1868,” Fulk said. “But it took 100 years to come up with the walls – the legislation that supported that foundation. We’re a little bit flipped. We’ve had some of these walls built that can be torn down, but we don’t have the foundation. The ERA would be that foundation.”

Sickles is unsure whether he will continue to sponsor an ERA ratification resolution next session. But he assured the activists, “It doesn’t matter who the patron is” as long as someone keeps pushing the issue.

Sickles is confident the ERA will eventually be ratified. “A big shift is coming in our country,” he said. “We have a cultural grand canyon now on so many social issues.”

Clinton, Trump Win in Virginia

By Diana DiGangi, James Miessler, Matt Chaney and Margaret Carmel, Capital News Service

Former U.S. Secretary of State Hillary Clinton trounced Vermont Sen. Bernie Sanders in Virginia’s Democratic presidential primary election on Tuesday, and billionaire businessman Donald Trump narrowly defeated Florida Sen. Marco Rubio in the Republican contest.

With almost all precincts reporting, Clinton received more than 64 percent of the 780,000 votes cast in the Democratic primary. Sanders got 35 percent.

More than 1 million Virginians voted in the Republican primary. Trump got nearly 35 percent of the votes, followed by Rubio at almost 32 percent, Texas Sen. Ted Cruz at about 17 percent and Ohio Gov. John Kasich at about 9 percent.

Interviews at polling places in Richmond underscored the issues and other factors that motivated voters to support or oppose certain candidates.

Young and old voters turned out in droves at the Randolph Community Center polling place (Precinct 504), about 10 minutes from Virginia Commonwealth University’s Monroe Park campus. Several voters cited fear of a Trump nomination as their reason for coming out to vote.

“Honestly, as a woman, I’m terrified of Donald Trump or Ted Cruz becoming president,” said Kirsten Schlegel, a VCU senior who voted for Clinton. “I’m terrified of our rights being taken away.”

Paula Johnson voted for Clinton as well, and said it was important to her to “select someone who’s going to represent us well, like when it comes to picking the new Supreme Court justice.”

At the Dominion Place polling station (Precinct 206), also near the VCU campus, many young people supported Sanders, a self-described Democratic socialist.

“It’s my first time being able to vote, and so I wanted to come out because it’s something I’ve always wanted to do,” Brianna Frontuto, a VCU student, said. “I voted for Bernie Sanders because his policy platform lines up exactly with what I believe in. He’s defending students, and that’s hard to find in candidates.”

Among Republican voters at the Dominion Place, several young people came out in support of Rubio.

“Rubio is the only one I feel morally conscious to support,” Adam Stynchula said. “He’s a safe bet.”

Voters at the Tabernacle Baptist Church polling location (Precinct 208) voiced similar sentiments.

Chelsea, a woman in her 20s who declined to give her last name, said, “I voted for Marco Rubio because he’s a very optimistic candidate. He’s very articulate about a lot of values that I believe in and I hate Donald Trump. And so, I really wanted to get my voice out there for a positive candidate who has a real vision for America’s future.”

Some voters said they usually cast ballots in the Democratic primary, but they participated in this year’s Republican election because of their dislike for Trump.

“I normally vote Democratic, but I actually voted Republican in this because I wanted to make sure that Donald Trump is not on the ballot,” said a student named Jamie. “I just think it’s kind of tight this year with the way things are playing out ... At first I started out thinking, that’s kind of a joke, Donald Trump. But now it’s looking close.”

Statewide, however, Trump topped Rubio by winning Hampton Roads and the southern and southwestern parts of the state.

Virginia Republican leaders gathered in Old Town Alexandria just outside of the nation’s capital as the votes rolled in. As a battleground state that has voted blue in the last two election cycles, all eyes are on Virginia.

“Republicans cannot win the White House without winning Virginia,” said John Whitbeck, chairman of the Republican Party of Virginia. “We’re looking at how our candidates performed tonight to see how they turned out voters, what the enthusiasm is, and what their ground game looks like. We’re going to have to fight to win Virginia.”

Former Virginia Gov. Jim Gilmore, who made a stab at running for president himself, said this election will set the tone that the Republican Party will take moving forward.

“The leading candidates are going to have to demonstrate to the American people that they can govern,” Gilmore said. “Or maybe not. Maybe this year they’ll just have to demonstrate that they can be a voice for anger or resentment.”

Regardless of how they voted, many Virginians said it’s important for people to exercise their voice at the ballot box.

“Honestly, it’s just every vote counts,” VCU student Sean Barnett said at the Dominion Place polling station. “People think that because so many people are voting at one time that your vote is insignificant because it’s such a small percentage. If everyone’s thinking that, there’s a lot of people that aren’t getting their voice heard. It does seem insignificant, but it does count.”

At Tabernacle Baptist Church, Kyle, a doctor in her early 30s, said, “I don’t think you can complain unless you pick a choice.”

After casting his vote at Dominion Place, William Smith added, “It’s a privilege and a pleasure. I feel it’s my duty as an American.”

A Funny Thing Happened on the Way to the Primary

By Rachel Beatrice, Capital News Service

I personally sent for an absentee ballot for the Virginia primary election. However, I quickly became ambivalent. I have to have a witness? Wait … can this witness be anyone?

Then came the paranoia: Will my ballot actually arrive at the election office on time, or even at all? Will my vote actually count?

The pressure was too much. I had to vote in person.

The instructions clearly stated that if I changed my mind and wished to vote in person, I could still do so as long as I did not open envelope A – the actual casting of my ballot.

I followed the instructions for when one changes their mind.

On Tuesday morning – Election Day – I was in line at the Earlysville Fire Department, at 283 Reas Ford Road in Albemarle County, ready to vote. I had my absentee envelope ballot in hand and unopened.

“State your name and address,” the woman declared.

I did so as I handed her the envelope and explained the situation.

She nodded and smiled and said I needed to speak to the chief election official.

I sat in a chair next to another voter who had his back to me. The chief was next to him on the phone. Another woman was on the other side of the chief.

I asked myself, are they both waiting for the chief?

This seemed to be taking longer than I expected. Much longer. And I needed to get back to Richmond and to class.

After about 10 minutes, I asked, “Excuse me, what exactly is happening here?”

The chief muttered something, half-glanced at me, then got back on the phone. This time it was about my voting, or lack of voting, situation.

I quickly realized that the chief election official at the Albemarle County District 5 polling office had no idea what he was doing.

Neither did three other election officials who were present. “Maybe it’s this bottom,” one official asked the other –referring to the computer screen in front of them. Apparently, according to their computer, I had already cast a ballot.

“Will that vote count then?” I asked.

“No.”

I have to admit that I did not maintain complete composure. It had been 20 minutes.

The election official told me to calm down and that he was trying to figure out the situation.

“People face disenfranchisement in this country, and this is starting to border on that,” I told him.

By this time, another woman at the polling station also was denied the right to vote and asked to sit where I was sitting.

Is this the twilight zone? I asked myself.

The election officials were smiling and not really concerned that I am concerned that I may not get the chance to exercise my right to vote. It seemed that no one in the entire building could figure out a glitch in the computer matrix to allow me to actually cast my ballot in-person at this very moment.

After 30 minutes, the chief was more livid at the situation than I originally was. Turns out the tech guy was overwhelmed with calls and wasn’t available.

After 45 minutes, I was finally able to cast a provisional ballot and assured that it would count in the election results that day.

And the chief election official ended up hugging me.

It’s a happy ending to my voting nightmare, but many others are not as lucky. I just hope my vote counted.

Chamber of Commerce Joins Suit Against EPA Rules

By Margaret Carmel, Capital News Service

RICHMOND – The Virginia Chamber of Commerce has joined 166 other business organizations in supporting a lawsuit challenging the federal government’s Clean Power Plan, which would require states to cut carbon emissions.

The move puts the chamber on the opposite side of the issue from Virginia Attorney General Mark Herring. He has joined 17 other states in filing a brief supporting the regulations.

Since its unveiling by President Barack Obama in August 2014, the Clean Power Plan has been a contentious issue across the nation. It aims to reduce carbon emissions in the United States by 30 percent by 2030, mostly by regulating coal-burning power plants.

Like many other business groups, the Virginia Chamber of Commerce worries that the regulations would hurt economic development, especially in rural areas.

The plan “threatens to drive jobs overseas and force businesses to close, causing harm to communities that provide the workforce for this industry,” the chamber said last week in a friend of the court brief filed in the U.S. Court of Appeals in Washington, D.C.

“Poor and rural communities will suffer disproportionately because they are served by smaller utilities that will be compelled to shut down or purchasing allowances and credits in renewable energy technologies, the costs of which will be borne by their relatively small base of ratepayers.”

In November, Herring filed a friend of the court brief in support of the regulations, which would be implemented by the U.S. Environmental Protection Agency.

“I’m proud to stand up for cleaner air and cleaner energy in Virginia,” Herring said. “Our pollution reduction goal is ambitious and achievable, and it gives us a real opportunity to improve the health of our people, our environment, and to grow jobs and businesses in our clean energy sector. We should seize this opportunity.”

Fighting climate change and sea level rise has been a priority of Gov. Terry McAuliffe’s administration. Officials have been especially concerned about Hampton Roads, home to Norfolk Naval Base and Langley Air Force Base.

In the Virginia General Assembly, Republicans overwhelmingly oppose the Clean Power Plan, while Democrats generally support it. Voting along party lines, legislators passed a bill requiring the Virginia Department of Environmental Quality to get the assembly’s approval on any state efforts to implement the federal rules. McAuliffe has until midnight Tuesday to sign or veto the legislation (Senate Bill 21).

Legislators representing Virginia’s coalfields fear that the plan would put many miners out of work. Another major concern is that the regulations would cause a spike in electricity rates. According to an independent study commissioned by National Economic Research Associates, the Clean Power Plan could push electricity prices up between 11 and 14 percent nationwide.

West Virginia and 28 other states have sued to block the plan. On Feb. 9, in an unprecedented move, the U.S. Supreme Court issued a stay on the regulations until the D.C. Court of Appeals rules later this year. The case is expected to return to the Supreme Court.

Panel Kills Bill to Keep Officers’ Names Secret

By Margaret Carmel, Capital News Service

RICHMOND – After nearly an hour of debate, a legislative panel killed a bill that would have exempted law enforcement officers’ names and training records from the Virginia Freedom of Information Act.

A subcommittee of the House General Laws Committee tabled Senate Bill 552 for the General Assembly’s current session. State officials plan to study the issue as part of a review of the state’s FOIA law.

FOIA allows any citizen to gain access to government documents, including names and salaries of public employees. Currently, personal information such as health records, home addresses, Social Security numbers and bank account information is exempt.

SB 552, proposed by Sen. John Cosgrove, R-Chesapeake, would have exempted the names and other information about police officers as well. Cosgrove said his measure sought to protect law enforcement officers.

“Once this information is received by a media outlet, a lawyer or anybody, there’s no controlling that information anymore,” Cosgrove told the subcommittee. “Anybody can FOIA information. It can even be the council of MS-13,” or Mara Salvatrucha, a notorious criminal gang.

Speaking on the behalf of the Virginia Press Association, attorney Craig T. Merritt stressed the importance of transparency and emphasized the safeguards in existing law to protect police officers.

“The express purpose of this bill is to take away names produced in bulk – to take away the ability for the public to associate with individual officers with the information that you can get everybody else,” Merritt said. “If you take all of the names out of the database, you can’t tell what a particular officer’s position is or what they’re being paid.”

Current Virginia law already exempts the identities of undercover officers, mobile phone numbers and tactical plans from FOIA.

Several high-ranking law enforcement administrators and officers came to speak in support of the bill. Kevin Carroll, president of the Virginia Fraternal Order of Police of Virginia, expressed concerns about someone using FOIA to get a database of officers’ names digitally in bulk and then posting it on the Internet.

“I agree the public has a right to know who their police officers are,” Carroll said. “My concern goes beyond Chesterfield County. This is the World Wide Web when this stuff gets posted.”

Carroll described several unsolved shooting deaths of off-duty police officers – all assumed to be in retaliation for arresting or testifying against gang members. But Merritt said FOIA wasn’t involved in such incidents.

“One thing we know for sure is, it could not have been because of a FOIA request, because had there been a FOIA request, there would have been a record,” Merritt said. “The idea that people would use FOIA to accomplish that outcome and identify themselves doesn’t make a whole lot of sense.”

M. Wayne Huggins of the Virginia State Police Association cited the need to protect law enforcement officers from new threats, both international and domestic.

“I never thought I would see the day when a terrorist attack in Paris, France, would cause police officers in Virginia to be threatened,” Huggins said. “I also never thought I would see the day when American citizens marched in the street chanting for dead cops.”

Home-schoolers Ask Governor to ‘Let Us Play’

By Margaret Carmel, Capital News Service

RICHMOND – Supporters of home-schooled students playing sports in public schools unleashed their secret weapon at the Virginia Capital on Wednesday – home-schoolers themselves.

Home-schooling advocates and their children gathered in the state Capitol to hear remarks from Del. Rob Bell, R-Charlottesville, and Sen. Tom Garrett, R-Lynchburg, the sponsors of legislation commonly called the “Tebow bill.”

Afterward, the home-schoolers and parents signed a large card urging Gov. Terry McAuliffe to sign the legislation into law. The group presented the message to the front gate guard at the Governor’s Mansion.

The legislation is named after star quarterback Tim Tebow, who played football for a public high school in Florida while being home-schooled. The General Assembly has passed two identical bills that would allow home-schooled students in Virginia to participate in interscholastic sports and other programs at their local public school:

·         Senate Bill 612, proposed by Garrett, passed the Senate 22-17 on Feb. 2 and then the House 58-40 on Feb. 19. McAuliffe must decide whether to sign, veto or amend the bill by Monday.

·         House Bill 131, introduced by Bell. It cleared the House 58-41 on Jan. 27 and the Senate 23-17 on Monday. McAuliffe’s deadline to act on the measure is next Thursday.

The bills would prohibit Virginia public schools from joining interscholastic organizations that ban home-schoolers from participating. This would put pressure on the Virginia High School League to allow home-schooled students. The legislation does not require local school boards to let home-schooled students participate in sports or other activities.

Moreover, the legislation states, “Reasonable fees may be charged to students who receive home instruction to cover the costs of participation in such interscholastic programs, including the costs of additional insurance, uniforms, and equipment.”

Republicans favor the Tebow bill concept, while Democrats generally oppose it. McAuliffe vetoed similar legislation last year.

Public school teachers oppose the Tebow bill on grounds that students who do not attend a school should not represent that school on the athletic field. They say there is no way to verify whether home-schoolers have the grades and meet other criteria required of regular school students.

Garrett said home-schoolers in Virginia deserve the right to participate in school activities.

“There are home-schoolers in science labs,” he said. “There are home-schoolers on stages. There are home-schoolers in college credit courses. Why aren’t there home-schoolers on our playing fields?”

Bell added, “For 21 years, we have brought the Tebow bill here to Virginia. There is now only one man who is stopping this from becoming law in Virginia, and that is Gov. McAuliffe.”

The governor has not indicated what action he might take on the legislation. Home-schooling parents like Polly Seymour from Fluvanna said it was important to come and let their voices be heard.

“I have a younger son coming up who is excited about sports,” Seymour said. “I’m hoping that by the time he gets to high school, he’ll be able to play in the public schools. Sports is very important in our family, and opportunities to play disappear as they get older.”

Poll: Virginians Think Prisons Cost Too Much

By Sarah King, Capital News Service

RICHMOND – Most Virginians agree that the prison population costs too much money, according to a recent poll by the Charles Koch Institute, an educational public-policy organization, and Prison Fellowship, a Christian nonprofit that advocates for criminal justice reform.

On Wednesday, the two groups hosted a panel of experts to discuss the poll results and fiscally responsible ways to both reform the prison system and make communities safer.

“In Virginia, there are actions that can be taken in the short run to dramatically improve our current justice system,” said Vikrant Reddy, senior research fellow at the Koch Institute. “We can improve public safety, reduce costs and respect each individual’s dignity.”

According to the poll:

●       36 percent of Virginians rate criminal justice reform among the top five issues most important to them.

●       75 percent agree or strongly agree that the prison population is costing too much money.

●       80 percent believe people with felony records should have the right to get work certification licenses after their release.

●       80 percent agree that the theft of $200 of goods from a retail store should be a misdemeanor offense (not a felony, as under current law).

●       By a 3-to-1 margin (64 percent to 21 percent), Virginians support reinstating a parole system.

●       Self-described conservative or very conservative Virginians support reinstating parole by a 2-to-1 margin.

Virginia Secretary of Education Anne Holton and Secretary of Public Safety Brian Moran were among the attendees at Wednesday’s panel.

“We’ve been working on these issues since we took office with Gov. (Terry) McAuliffe,” Moran said. “We’ve had a number of legislation before the General Assembly, and the governor appointed a parole review commission.”

The discussion was moderated by Christian Braunlich, vice president of the Thomas Jefferson Institute for Public Policy, a former member of the Fairfax School Board and a past president of the Virginia Board of Education.

“For a long time, criminal justice reform was considered something center-left, but recently there’s been some morphing on this issue,” Braunlich said as he opened the panel discussion. “Why are conservatives shifting, and how did Ken Cuccinelli and the ACLU end up in bed together?”

Braunlich’s question garnered laughs around the room, but Joe Luppino-Esposito had a straightforward answer.

“A lot of these ideas are based on civil liberties and public safety, which are issues I don’t think anyone’s going to oppose,” said Luppino-Esposito, a policy analyst for the conservative criminal justice initiative Right on Crime.

Luppino-Esposito pointed at the 75 percent recidivism rate among juvenile offenders at the cost of $150,000 per juvenile.

“The ‘tough on crime’ rhetoric doesn’t work anymore,” Luppino-Esposito said.

Eric Alston, the senior policy and research analyst for the Charles Koch Institute, agreed. He cited the added difficulties of re-entry into society when job opportunities are scarce following a conviction.

“There’s a startling consensus for the need for reform on this issue,” Alston said. “There are 854 collateral consequences for a conviction in Virginia,” Alston said. “For felons alone, there are 404 collateral consequences – 404 routes of opportunity that are now closed.”

Alston said that he’s not suggesting the elimination of all collateral consequences but that the number of them severely limits an individual’s ability to secure gainful employment.

“I’m not going to want to invest with someone convicted of a ponzi scheme, but 404 things you generally can’t do? That’s a driving force behind recidivism,” Alston said.

Craig DeRoche, senior vice president for advocacy and public policy at Prison Fellowship, referred to the 75 percent recidivism rate among juveniles as a “failure rate” and stressed the importance of smaller, more accountable facilities to rehabilitate offenders.

“This is a values discussion,” DeRoche said. “Money is a value, but more importantly is the value of human life. These polling results tell us that the commonwealth has an appetite for a system of criminal justice that truly restores.”

Martin Brown, former commissioner for the Virginia Department of Social Services and special advisor to the governor, said services must be more family-oriented and help offenders transition back into living their best lives.

“Fathers, in particular,” Brown said. “There are things I would do for my daughters I would never do for myself. And incarcerated individuals are no different.”

Brown said it is important to reform the corrections system so it respects both the perpetrators and victims of crime.

“The state gets everything they can out of the offender,” Brown said. “Often, the victim is looking for a restorative process while the state plays this kabuki dance.”

The Koch Institute and Prison Fellowship poll was conducted by Survey Sampling International in December. All participants were Virginia residents and were surveyed by use of an opt-in Web-based panel. The survey had 1,000 total respondents with a margin of error of 4 percentage points.

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