Vol. 27 Iss. 22 - July 04, 2011

Chapter 131
Final Regulation

REGISTRAR'S NOTICE: The State Board of Education is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The State Board of Education will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 8VAC20-131. Regulations Establishing Standards for Accrediting Public Schools in Virginia (amending 8VAC20-131-350).

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

Effective Date: August 3, 2011.

Agency Contact: Anne Wescott, Assistant Superintendent, Policy and Communications, Department of Education, P.O. Box 2120, Richmond, VA 23218-2120, telephone (804) 225-2403, FAX (804) 225-2524, or email


The amendment adds a provision that permits a waiver of some of the mandatory graduation requirements for individual students under certain circumstances. The amendment addresses Chapter 313 of the 2010 Acts of Assembly (HB 1199), requiring the Board of Education to provide for the waiver of certain graduation requirements, which may be granted only for good cause and on a case-by-case basis.

8VAC20-131-350. Waivers.

Waivers of some of the requirements of these regulations may be granted by the Board of Education based on submission of a request from the division superintendent and chairman of the local school board. The request shall include documentation of the need for the waiver. In no event shall waivers be granted to the requirements of Part III (8VAC20-131-30 et seq.) of these regulations except that the Board of Education may provide for the waiver of certain graduation requirements in 8VAC20-131-50 (i) upon the board's initiative or (ii) at the request of a local school board on a case-by-case basis. The board shall develop guidelines for implementing these requirements.

VA.R. Doc. No. R11-2745; Filed June 8, 2011, 4:00 p.m.