NOTICES OF INTENDED REGULATORY ACTION
Vol. 40 Iss. 4 - October 09, 2023

TITLE 8. EDUCATION
Regulations Establishing Standards for Accrediting Public Schools in Virginia
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Education intends to consider repealing 8VAC20-131, Regulations Establishing Standards for Accrediting Public Schools in Virginia, and promulgating 8VAC20-132, Virginia Standards of Accreditation. The purpose of the proposed action is to fully revise the Standards of Accreditation. The accreditation regulations should ensure that an effective educational program is established and maintained in Virginia public schools by (i) providing an essential foundation of educational programs of high quality for all schools for all students; (ii) encouraging and promoting school quality and acknowledging achievement and continuous improvements by schools and school divisions in multiple areas; (iii) fostering public confidence that graduating students have mastered multiple areas of learning to include academic subjects, workplace skills, career exploration and planning, and civic and community responsibility; (iv) ensuring recognition of Virginia public schools by other institutions of learning; and (v) establishing the means of determining the effectiveness of schools as prescribed in the Standards of Quality at § 22.1-253.13:3 of the Code of Virginia, including student learning and progress and student outcomes for multiple areas affecting school quality. The true state of the Virginia school system does not appear to be adequately captured by the current accreditation system. The board will revise the accreditation system in order to increase transparency, improve student success for all students, aid in the allocation of Commonwealth resources into Virginia schools, and provide a clear picture of the relationship between school performance and student performance.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.

Public Comment Deadline: November 8, 2023.

Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225-2540, or email jim.chapman@doe.virginia.gov.

VA.R. Doc. No. R24-7679; Filed September 19, 2023
TITLE 8. EDUCATION
Virginia Standards of Accreditation
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Education intends to consider repealing 8VAC20-131, Regulations Establishing Standards for Accrediting Public Schools in Virginia, and promulgating 8VAC20-132, Virginia Standards of Accreditation. The purpose of the proposed action is to fully revise the Standards of Accreditation. The accreditation regulations should ensure that an effective educational program is established and maintained in Virginia public schools by (i) providing an essential foundation of educational programs of high quality for all schools for all students; (ii) encouraging and promoting school quality and acknowledging achievement and continuous improvements by schools and school divisions in multiple areas; (iii) fostering public confidence that graduating students have mastered multiple areas of learning to include academic subjects, workplace skills, career exploration and planning, and civic and community responsibility; (iv) ensuring recognition of Virginia public schools by other institutions of learning; and (v) establishing the means of determining the effectiveness of schools as prescribed in the Standards of Quality at § 22.1-253.13:3 of the Code of Virginia, including student learning and progress and student outcomes for multiple areas affecting school quality. The true state of the Virginia school system does not appear to be adequately captured by the current accreditation system. The board will revise the accreditation system in order to increase transparency, improve student success for all students, aid in the allocation of Commonwealth resources into Virginia schools, and provide a clear picture of the relationship between school performance and student performance.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.

Public Comment Deadline: November 8, 2023.

Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225-2540, or email jim.chapman@doe.virginia.gov.

VA.R. Doc. No. R24-7679; Filed September 19, 2023
TITLE 9. ENVIRONMENT
Small Solar Renewable Energy Projects Permit Regulation
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Environmental Quality intends to consider amending 9VAC15-60, Small Solar Renewable Energy Projects Permit Regulation. The purpose of the proposed action is to conform the regulation to Chapter 688 of the 2022 Acts of Assembly to require a mitigation plan detailing reasonable actions to avoid, minimize, or otherwise mitigate impacts to prime agricultural soils and forest lands. If a potential solar project would disturb more than 10 acres of prime agricultural soils or 50 acres of contiguous forest lands, or if it would disturb forest lands enrolled in a forestry preservation program, it is deemed to have a significant adverse impact, requiring the submission of a mitigation plan. If a draft mitigation plan was not provided by the applicant as part of the initial application, the applicant must develop a mitigation plan and conduct a 45-day public comment period. Any application for a small renewable energy project received for which an interconnection request is applied for and received by December 31, 2024, is not subject to these new provisions.

In addition, pursuant to § 2.2-4007.1 of the Code of Virginia, the agency is conducting a periodic review and small business impact review of this regulation to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare; (ii) minimizes the economic impact on small businesses consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 10.1-1197.6 of the Code of Virginia.

Public Comment Deadline: November 8, 2023.

Agency Contact: Susan Tripp, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 664-3470, or email susan.tripp@deq.virginia.gov.

VA.R. Doc. No. R24-7691; Filed September 20, 2023
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Board for Hearing Aid Specialists Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Hearing Aid Specialists and Opticians intends to consider amending 18VAC80-20, Hearing Aid Specialists Regulations. The purpose of the proposed action is to undertake a general review of the regulation in accordance with the regulatory reduction goal of Executive Directive Number One (2022). The review will consider whether requirements ensure the regulation compliments current Virginia law and meets applicable federal requirements; is organized, clear, and understandable; provides minimal burdens on regulants while still protecting the public; and reflects current Department of Professional and Occupational Regulation procedures and policies. The board will consider any other changes determined to be necessary and appropriate.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Comment Deadline: November 8, 2023.

Agency Contact: Kelley Smith, Executive Director, Board for Hearing Aid Specialists and Opticians, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, FAX (866) 245-9693, or email hasopt@dpor.virginia.gov.

VA.R. Doc. No. R24-7493; Filed September 20, 2023
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Opticians Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Hearing Aid Specialists and Opticians intends to consider amending 18VAC80-30, Opticians Regulations. The purpose of the proposed action is to undertake a general review of the regulation in accordance with the regulatory reduction goal of Executive Directive Number One (2022). The review will consider whether requirements ensure the regulation compliments current Virginia law and meets applicable federal requirements; is organized, clear, and understandable; provides minimal burdens on regulants while still protecting the public; and reflects current Department of Professional and Occupational Regulation procedures and policies. The board will consider any other changes determined to be necessary and appropriate.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Comment Deadline: November 8, 2023.

Agency Contact: Kelley Smith, Executive Director, Board for Hearing Aid Specialists and Opticians, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, FAX (866) 245-9693, or email hasopt@dpor.virginia.gov.

VA.R. Doc. No. R24-7491; Filed September 20, 2023
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Opticians Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Hearing Aid Specialists and Opticians intends to consider amending 18VAC80-30, Opticians Regulations. The purpose of the proposed action is to amend the regulation to adjust its licensing fee structure. Pursuant to § 54.1-113 of the Code of Virginia, the board must establish fees adequate to support the costs of the board operations and a proportionate share of Department for Professional and Occupational Regulation operations. At the close of the 2022-2024 biennium, the board will be operating at a loss. By the close of the next biennium (2024-2026), fees will not provide adequate revenue for those costs, therefore a fee adjustment is necessary.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Comment Deadline: November 8, 2023.

Agency Contact: Kelley Smith, Executive Director, Board for Hearing Aid Specialists and Opticians, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, FAX (866) 245-9693, or email hasopt@dpor.virginia.gov.

VA.R. Doc. No. R24-7598; Filed September 20, 2023