Title of Regulation: 8VAC20-250. Regulations Governing the Testing of Sight and Hearing of Pupils (amending 8VAC20-250-10).

Statutory Authority: §§ 22.1-253.13:3 and 22.1-273 of the Code of Virginia.

Public Hearing Information: No public hearings are currently scheduled.

Public Comment Deadline: March 3, 2021.

Effective Date: March 18, 2021.

Agency Contact: Dr. Samantha Hollins, Assistant Superintendent for Special Education and Student Services, Department of Education, 101 North 14th Street, Richmond, VA 23219, telephone (804) 786-8079, or email samantha.hollins@doe.virginia.gov.

Basis: The board's authority to establish regulations establishing standards for accrediting public schools is established in § 22.1-253.13:3 of the Code of Virginia.
Purpose: This regulatory action is necessary to conform regulation to statute. This regulatory action also updates the language used in reference to how the hearing and vision screenings are monitored to reflect current practice. The revisions to 8VAC-20-250-10 protects public health and child welfare as the timely implementation of vision and hearing screening of students ensures that all students have access to effective learning environments. Impaired vision and/or hearing in children can seriously impede learning and contribute to the development of educational, emotional and behavioral problems.
Rationale for Using Fast-Track Rulemaking Process: The amendments to 8VAC20-250-10 are mandated to conform with statute. This regulatory action is noncontroversial because its only purpose is to align the regulations with statute.
Substance: The 2017 Virginia General Assembly amended § 22.1-273 of the Code of Virginia, related to the timeline and scheduling of vision screenings. The Virginia Department of Education engaged several stakeholders and gathered input and feedback to draft the proposed revisions to the Regulations. Stakeholder groups included Conexus, Lions Club of Virginia, school nurse coordinators, and licensed hearing and vision providers. Based on the feedback from stakeholders, the proposed revisions to 8VAC-20-250-10 align the chapter with § 22.1-273 of the Code of Virginia regarding the timeline and scheduling of vision screenings and align the hearing screening timeline and scheduling to match that of the required vision screenings. It also updates the language used in reference to how the hearing and vision screenings will be monitored to reflect current practice.
Issues: Early discovery through the timely screenings outlined in 8VAC-20-250-10 can prevent or at least alleviate many of these problems and thus be of great benefit to the public, which is an advantage. There are no disadvantages to the public, the agency, or the Commonwealth. These revisions conform
regulation to § 22.1-273 of the Code of Virginia.

Department of Planning and Budget Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Education (Board) proposes to specify that: 1) mandatory vision and hearing screening can be conducted in either second or third grade rather than just third grade, and 2) mandatory vision and hearing screening for grades K, 2 or 3, 7, and 10 be scheduled within the first 60 administrative working days of the school year (and could occur at any time during the school year), rather than take place within the first 60 administrative working days of the school year.

Background. The current regulation requires that the sight and hearing of pupils in grades K, 3, 7, and 10 be screened within 60 administrative working days of the opening of school. Virginia Code § 22.1-273 as amended by Chapter 312 of the 2017 Acts of Assembly (Chapter 312)¹ specifies that vision be screened in grades K, 2 or 3, 7, and 10. Also, Chapter 312 states that the "screenings may be conducted at any time during the school year; however, the scheduling of such screenings shall be completed no later than the sixtieth administrative working day of the school year." Chapter 312 does not specify the grades or timing within the school year for hearing tests.

Estimated Benefits and Costs. Both proposed amendments are potentially beneficial for local school divisions in that there is greater flexibility in when the screenings occur. This may result in fewer disruptions to academics and other activities. Allowing the screening to take place later in the school year may in some cases lead to a later diagnosis of vision or hearing problems than would otherwise occur.

Conversely, screening later in the year may in some cases enable vision or hearing problems that develop after the early part of the school year to be diagnosed sooner than they otherwise would be. Allowing screening to take place in either second or third grade, rather than only third grade, may in some cases lead to an earlier diagnosis of vision or hearing problems than would otherwise occur. Conversely, screening in second grade rather than third grade may in some cases result in vision or hearing problems that develop after the second grade being diagnosed later than they otherwise would be.

Businesses and Other Entities Affected. The proposed amendments affect the 133 public school divisions in the Commonwealth, as well as their staff and students.

Small Businesses² Affected. The proposed amendments do not appear to substantively affect small businesses.

Localities³ Affected.⁴ The proposed amendments affect all 133 local school divisions, but none disproportionately. The proposed amendments do not introduce costs for local governments.

Projected Impact on Employment. The proposed amendments do not appear to affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments do not appear to substantively affect the use and value of private property. The proposed amendments do not affect real estate development costs.

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¹See http://lis.virginia.gov/cgi-bin/legp604.exe?171 ful CHAP0312

²Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

³"Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁴§ 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency's Response to the Economic Impact Analysis: The agency concurs with the economic impact analysis completed by the Department of Planning and Budget.

Summary:

The amendments align regulation with § 22.1-273 of the Code of Virginia and (i) allow schools to conduct vision and hearing screenings at any time of the school year as long as the scheduling of such screenings is completed no later than the 60th administrative working day of the school year, (ii) provide schools with the option and flexibility to conduct vision and hearing screenings in grade two or three, and (iii) specify that hearing and vision screenings be monitored through the Department of Education's annual data collection process.

8VAC20-250-10. Testing of sight and hearing; monitoring.

That sight and hearing of pupils in grades K, 3, 7, and 10 be screened within 60 administrative working days of the opening of school. The principal of each public elementary and secondary school shall cause the vision and hearing of students enrolled in (i) kindergarten, (ii) grade two or three, (iii) grade seven, and (iv) grade 10 to be screened subject to the conditions and exceptions as established in § 22.1-273 of the Code of Virginia. The vision and hearing screen of students shall be scheduled within the first 60 administrative working days of the school year. Whenever a pupil student is found to have any defect of vision or hearing or a disease of the eyes or ears, the principal shall notify the parent or guardian in writing, of such defect or disease. This screening of pupils students will be monitored through the administrative review department's annual data collection process.