TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Title of Regulation: 8VAC20-25. Technology Standards for Instructional Personnel (repealing 8VAC20-25-10, 8VAC20-25-20, 8VAC20-25-30).

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

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: July 16, 2025.

Effective Date: July 31, 2025.

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) 750-8750, or email jim.chapman@doe.virginia.gov.

Basis: The State Board of Education's overall regulatory authority is found in § 22.1-16 of the Code of Virginia.

Purpose: Following a periodic review of this chapter, the State Board of Education identified this chapter as unnecessary for public health, safety, and welfare, and that the chapter does not comport with the current statutory requirements.

Rationale for Using Fast-Track Rulemaking Process: The chapter is not necessary to protect public health, safety, and welfare and does not comport with the current statutory requirements; therefore, repealing it should be noncontroversial.

Substance: The amendments repeal 8VAC20-25.

Issues: The primary advantage to the public and the Commonwealth is a reduction in regulatory requirements, as there is no longer a continued need for the regulation. There are no disadvantages to the public or the Commonwealth.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Board of Education (board) proposes to repeal Technology Standards for Instructional Personnel (8VAC20-25).

Background. This regulation, promulgated in 1988, sets out technology standards including that instructional personnel shall be able to demonstrate effective use of a computer system and utilize computer software. According to the Department of Education (DOE), "the role of technology in daily life, and education has changed significantly since the chapter was originally promulgated. The regulation was designed to facilitate technological proficiency in an era before the current expansion of technology into daily life and education (through smartphones, the internet social media, learning management systems, etc.). Today's education delivery is far more dependent on technology than when these regulations were promulgated, and school divisions have responded appropriately." Further, section 8VAC20-23-40 of Licensure Regulations for School Personnel previously required individuals seeking initial licensure to demonstrate proficiency in using of educational technology for instruction. The standards for such proficiency were set by 8VAC20-25. However, the requirement was removed from 8VAC20-23 on April 15, 2021. Accordingly, the Board proposes to repeal Technology Standards for Instructional Personnel, as it is no longer used (8VAC 20-25).

Estimated Benefits and Costs. DOE confirms that the regulation is not currently doing anything in the regulatory environment. Thus, repealing it would have no impact beyond reducing potential confusion among readers of regulations.

Businesses and Other Entities Affected. The regulation pertains to the instructional personnel in the 131 school divisions in the Commonwealth. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.³ As repealing the regulation neither increases net cost nor reduces net benefit for any entity, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ Repealing the regulation does not adversely affect small businesses.

Localities⁶ Affected.⁷ Repealing the regulation neither disproportionally affects particular localities nor affects costs for local governments.

Projected Impact on Employment. Repealing the regulation does not affect employment.

Effects on the Use and Value of Private Property. Repealing the regulation neither affects the use and value of private property nor costs related to the development of real estate.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

³ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁴ Pursuant to § 2.2-4007.04, 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."

⁵ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁶ "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.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The State Board of Education thanks the Department of Planning and Budget for its thorough economic impact analysis.

Summary:

The amendments repeal Technology Standards for Instructional Personnel (8VAC20-25).