TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Titles of Regulations: 8VAC20-490. Regulations Governing School Boards Local (repealing 8VAC20-490-10 through 8VAC20-490-60).

8VAC20-720. Regulations Governing Local School Boards and School Divisions (amending 8VAC20-720-170; adding 8VAC20-720-20).

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

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: September 10, 2025.

Effective Date: September 25, 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: Section 22.1-16 of the Code of Virginia authorizes the State Board of Education to adopt bylaws for its own government and to promulgate regulations necessary to carry out its powers and duties.

Purpose: This regulatory change is essential to the health, safety, and welfare of the public because it eliminates unnecessary regulations and consolidates requirements directed at school divisions in a common chapter.

Rationale for Using Fast-Track Rulemaking Process: This rulemaking is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because it brings the chapter into conformance with current statutory language, amends incorrect references, and corrects outdated information.

Substance: Pursuant to a periodic review, the amendments (i) repeal Regulations Governing School Boards Local (8VAC20-490), which is obsolete, (ii) consolidate certain provisions from the repealed chapter into Regulations Governing Local School Boards and School Divisions (8VAC20-720), and (iii) make stylistic changes for clarity.

Issues: The primary advantage to the public and the Commonwealth is that the regulation will be consistent with the current statutory language and provide accurate information and references. There are no disadvantages.

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. Following a periodic review, the Board of Education proposes to repeal all of 8VAC20-490 Regulations Governing School Boards Local and add two portions of it to 8VAC20-720 Regulations Governing Local School Boards and School Divisions.

Background. 8VAC20-490 Regulations Governing School Boards Local consists of six sections: 8VAC20-490-10 Familiarity with and implementation of school laws and regulations, 8VAC20-490-20 Teacher contracts, 8VAC20-490-30 Length of the school day, 8VAC20-490-40 Textbooks, 8VAC20-490-50 Policy manual, and 8VAC20-490-60 Annual report. The board proposes to repeal all of it and add the current contents of 8VAC20-490-30 Length of the school day and one sentence of 8VAC20-490-40 Textbooks to 8VAC20-720 Regulations Governing Local School Boards and School Divisions.

Estimated Benefits and Costs. 8VAC20-490-10 in its entirety is "It is the duty of all school officials to acquaint themselves with the school laws and regulations and to see that they are implemented." Whether or not this is explicitly stated in regulation, school officials would be required to do this in practice. Thus, repealing the text should not have substantive impact. 8VAC20-490-20 has two relevant components: the use of written contracts or agreements, and the qualifications of teachers. In its entirety, this section states "The school board shall enter into written agreements with teachers before they begin their duties, but no teacher may be employed or paid from public funds who is not certified to teach in the public schools of Virginia. Contracts with teachers shall be executed on behalf of the board by the chairman and the clerk." Regarding the first component, § 22.1-302 A of the Code of Virginia states in part that a written contract shall be made by the [local] school board with each teacher employed by it, except those who are temporarily employed, before such teacher enters upon his duties. It does not specify who executes the contracts on behalf of the board. As long as the contract is executed by the local board, which members are directly involved appears to be immaterial. Regarding the second component § 22.1-299 C of the Code of Virginia states in part that a person not meeting the requirements for a license or provisional license issued by the Board or for a one-year local eligibility license issued by a school board may be employed by a school board temporarily as a substitute teacher to meet an emergency. Since statutes prevail over regulations, the current regulatory text that no teacher may be employed or paid from public funds who is not certified to teach in the public schools of Virginia is more restrictive but would not be applicable in practice. Repealing this text is beneficial in that it would no longer mislead readers of regulations of the effective requirements. The requirements within 8VAC20-490-30 would remain in practice as the proposal is to move all the text into 8VAC20-720 Regulations Governing Local School Boards and School Divisions. The majority of 8VAC20-490-40 overlaps with 8VAC20-720. However, the following is in Section 40, but not 8VAC20-720: "In the case of children whose parents or guardians are financially unable to furnish them, local school boards shall provide, free of charge, any workbooks required for courses of instruction." The board proposes to add this to 8VAC20-720. Thus, there would be no change in requirements in practice. 8VAC20-490-50 in its entirety is "Each local school board shall maintain an up-to-date policy manual which shall include: 1. The grievance procedure prescribed by the Board of Education; 2. A system of communication between the local school board and its employees in order that views of all school employees may be received in an orderly and constructive manner in matters of concern to them; and 3. A cooperatively developed procedure for personnel evaluation. An up-to-date copy of the local school board policy manual shall be kept in the library of each school in that division, and shall be available to employees and to the public." Almost all of 8VAC20-490-50 is fully consistent with § 22.1-253.13:7 of the Code of Virginia. Standard 7. School board policies. However, the last sentence is not fully consistent with the Code, which instead states that a current copy of all school division policies and regulations approved by the local school board shall be posted on the division's website and shall be available to employees and to the public. School boards shall ensure that printed copies of such policies and regulations are available as needed to citizens who do not have online access. The majority of the public have online access and obtaining policy information from the school division's website would be more convenient than traveling to a school library for those individuals. Since the Code specifies that school boards shall ensure that printed copies of such policies and regulations are available as needed to citizens who do not have online access, no one should be worse off by no longer requiring that policy manuals be kept specifically in the library of each school. The requirements in this section are the same as in § 22.1-81 of the Code of Virginia, Annual report. Thus, repealing it would have no impact on requirements in practice.

Businesses and Other Entities Affected. The regulation pertains to 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 the proposed repeal of the regulation neither increases cost nor reduces benefit, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposed repeal of the regulation does not adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed repeal of the regulation neither disproportionally affects particular localities nor affects costs for local governments.

Projected Impact on Employment. The proposed repeal of the regulation does not affect employment.

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

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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:

As a result of periodic review, the amendments repeal Regulations Governing School Boards Local (8VAC20-490) and move provisions regarding length of the school day and textbooks from 8VAC20-490 into Regulations Governing Local School Boards and School Divisions (8VAC20-720).

8VAC20-720-20. Length of school day.

The time for opening and closing schools shall be prescribed by the local school board upon recommendation of the division superintendent, provided that the daily program for students in grades kindergarten through 12 shall average at least 5-1/2 hours, not including meal intermissions. If the required program length is maintained, the local school board may approve occasional shortened days for staff development, conferences, planning, and other activities designed to improve the instructional program, provided that no more than one day in each five-day week may be shortened to no less than four hours. The student day described in this section shall be considered a minimum day rather than an optimum day; a longer student day is encouraged to accommodate the instructional program and student needs.

When exceptions in the length of the daily program are necessary for special education, alternative education, double shifts, and scheduling or other unusual situations, the local board shall request approval of the exception by the Superintendent of Public Instruction by August 1 preceding the school year for which the exception is applicable. The affected programs must be in compliance with any other regulations that apply to the programs.

The length of the workday for employees shall be determined by the local school board, but it shall be of sufficient length to allow for the daily program for students and additional time as may be necessary for activities such as planning, preparation, meetings, workshops, conferences, meal intermissions, or other contractual obligations.

8VAC20-720-170. Textbooks.

A. Textbook approval.

1. The State Board of Education shall have the authority to approve textbooks for use in the public schools of Virginia.

2. In approving basal textbooks for reading in kindergarten and first grade, the State Board of Education shall report to local school boards those textbooks with a minimum decodability standard based on words that students can correctly read by properly attaching speech sounds to each letter to formulate the word at 70% or above for such textbooks in accordance with § 22.1-239 of the Code of Virginia.

3. Any local school board may use textbooks not approved by the State Board of Education, provided the local school board selects such books in accordance with this chapter.

4. Contracts and purchase orders with publishers of textbooks approved by the State Board of Education for use in grades 6-12 six through 12 shall allow for the purchase of printed textbooks, printed textbooks with electronic files, or electronic textbooks separate and apart from printed versions of the same textbook. Each local school board shall have the authority to purchase an assortment of textbooks in any of the three forms listed in this subdivision.

B. Procedures for selection of textbooks by local school boards. Local school boards shall adopt procedures for the selection of textbooks. These procedures shall include, at a minimum, the following:

1. Appointment of evaluation committees by the local school board to review and evaluate textbooks in each of the subject areas.

2. Notice to parents that textbooks under consideration for approval will be listed on the school division's website and made available at designated locations for review by any interested citizens.

3. Opportunities for those reviewing such textbooks to present their comments and observations, if any, to the local school board through locally approved procedures.

4. Procedures to ensure appropriate consideration of citizen comments and observations.

5. Selection criteria.

C. Local school board selection of textbooks other than those approved by the State Board of Education.

1. The selection process for non-Board non-State Board of Education approved textbooks is subject to the procedures outlined in subsection B of this section.

2. The selection process for such textbooks pertaining to Virginia Standards of Learning subjects shall include at the local level a correlation of the content to the Virginia Standards of Learning in the content area and an analysis of strengths and weaknesses of the textbook in terms of instructional planning and support.

3. The publisher of such textbooks shall:

a. Provide to the local school board a certification that the content of the textbook is accurate; and

b. Sign an agreement with the local school board to correct all factual and editing errors found in a textbook at its own expense.

D. Purchasing State Board of Education approved textbooks.

1. Local school divisions shall purchase textbooks approved by the State Board of Education directly from the publishers of the textbooks by either entering into written term contracts or issuing purchase orders on an as-needed basis in accordance with § 22.1-241 of the Code of Virginia.

2. Such written contracts or purchase orders shall be exempt from the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia).

E. Purchasing non-Board non-State Board of Education approved textbooks. The purchase of textbooks other than those approved by the State Board of Education is not exempt from the Virginia Public Procurement Act.

F. Distribution of textbooks. Each local school board shall provide, free of charge, such textbooks required for courses of instruction for each child attending public schools. In the case of children whose parents or guardians are financially unable to furnish workbooks, local school boards shall provide, free of charge, any workbooks required for courses of instruction.

G. Certifications.

1. The division superintendent and chairperson of the local school board shall annually certify to the Virginia Department of Education that:

a. All textbooks were selected and purchased in accordance with this chapter; and

b. The price paid for each textbook in accordance with § 22.1-241 of the Code of Virginia.

2. The certification shall include a list of all textbooks adopted by the local school board.