TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Title of Regulation: 8VAC20-70. Regulations Governing Pupil Transportation (amending 8VAC20-70-130, 8VAC20-70-380).

Statutory Authority: §§ 22.1-16 and 22.1-177 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: October 8, 2025.

Effective Date: October 23, 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 promulgate regulations necessary to carry out its powers and duties and the provisions of Title 22.1 of the Code of Virginia. Sections 22.1-176 and 22.1-177 of the Code of Virginia authorize the board to promulgate regulations concerning the transportation of pupils and the construction, design, operation, equipment, and color of public school buses.

Purpose: This action is essential to public health, safety, and welfare because the amendments clarify how the public should use the Preventive Maintenance Manual for Virginia School Buses.

Rationale for Using Fast-Track Rulemaking Action: The action is expected to be noncontroversial because it does not change underlying board policy. Instead the amendments remove a document incorporated by reference (DIBR) and associated requirements.

Substance: This action removes a DIBR, Preventive Maintenance Manual for Virginia School Buses, and all references to it.

Issues: The primary advantage to the public is that this change makes it clear that the provisions in the Preventive Maintenance Manual for Virginia School Buses are not requirements. The primary advantage to the board is that the contents of the manual no longer regulatory requirements. There are no disadvantages to the regulatory change.

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 remove a document incorporated by reference (DIBR), and references to the DIBR, from Regulations Governing Pupil Transportation (8VAC20-70).

Background. The (8VAC20-70) Documents Incorporated By Reference lists one DIBR, the Preventive Maintenance Manual for Virginia School Buses, Rev. September 2012, Virginia Department of Education. The board proposes to repeal this section, then later issue the Preventive Maintenance Manual for Virginia School Buses, Rev. September 2012 as a guidance document. This DIBR is referred to in two other sections of the regulation. 8VAC20-70-130, which says the inspections and maintenance shall be conducted in accordance with provisions of the Preventive Maintenance Manual for Virginia School Buses (September 2012) and recorded on the prescribed inspection forms or in a format approved by the Department of Education. The board proposes to remove the middle of that sentence so that it becomes "The inspections and maintenance shall be in a format approved by the Department of Education." 8VAC20-70-380 also refers to the DIBR, saying that prior to the initial transporting of children each day, the drivers of school and activity buses shall perform a daily pre-trip safety inspection of the vehicle. The items checked and recorded shall be at least equal to the pre-trip inspection procedure in the Preventive Maintenance Manual for Virginia School Buses (September 2012) issued by the Department of Education. The board proposes to amend the second sentence to say the inspection shall be recorded in a format approved by the Department of Education.

Estimated Benefits and Costs. Removing the DIBR has the legal effect of removing regulatory requirements from the text of the regulation. However, according to the Department of Education (DOE), under the status quo, the agency does not require that local school divisions follow the Preventive Maintenance Manual for Virginia School Buses (September 2012) precisely, just that they do inspections and maintenance at the required times and that they record the inspections and maintenance in a format approved by DOE. Since the proposed text reflects current practice, the proposed amendments should not have a substantive impact but may be beneficial in that it better informs the public of current practice.

Businesses and Other Entities Affected. The proposed amendments pertain to the 131 school divisions in the Commonwealth, and in particular their mechanics and bus drivers. 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 for any entity, even if the benefits exceed the costs for all entities combined.³ As the proposed amendments neither increase cost nor reduce benefit, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposed amendments do not adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed amendments neither disproportionally affect particular localities nor affect costs for local governments.

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

Effects on the Use and Value of Private Property. The proposed amendments neither affect 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:

The amendments remove a document incorporated by reference, Preventive Maintenance Manual for Virginia School Buses, and all references to the document.

8VAC20-70-130. Maintenance inspection.

All school buses and school activity buses used to transport public school pupils to and from school and school activity events shall be inspected and maintained by competent mechanics at least once every 45 school days, with "school days" as determined by the school division's approved yearly calendar or modifications in the calendar as approved by the division superintendent or designee, or every 5,000 miles. Any bus that is removed from service or deadlined so as to disrupt the scheduled maintenance shall be inspected prior to being returned to service. At no point shall any bus go without an inspection during the school semester and such inspections shall be no more than 90 school days apart, excluding summer sessions. The inspections and maintenance shall be conducted in accordance with provisions of the Preventive Maintenance Manual for Virginia School Buses (September 2012) and recorded on the prescribed inspection forms or in a format approved by the Department of Education. Additional Original Equipment Manufacturer (OEM) inspection and maintenance recommendations should be maintained during the service life of each bus to ensure safety and warranty requirements are met. Maintenance consideration should be given to buses operated during the summer session. If the inspection and maintenance are not made in a shop operated by the school board or the local governing body, the school board shall designate one or more inspection centers to make the inspections and require a copy of the results of the inspections to be furnished to the division superintendent. School division compliance with the foregoing maintenance inspection requirements shall be subject to verification by the Department of Education.

Subject to funds being available, the Department of Education shall conduct operational assessments of the school divisions' division's pupil transportation operations on an ongoing basis to ensure applicable statutes, regulations, and specifications are being met. The Department of Education shall establish procedures for conducting the operational assessments and shall conduct the assessments in school divisions on a periodic cycle as resources permit. As part of the operational assessments, the Department of Education shall provide technical assistance to school divisions in a manner that will assist them the school divisions with achieving and maintaining compliance with applicable statutes, regulations, and specifications.

Maintenance and service personnel shall be encouraged to attend approved workshops or training institutes and shall receive all necessary service and maintenance publications for equipment serviced.

8VAC20-70-380. Pre-trip safety inspection.

Prior to the initial transporting of children each day, the drivers of school and activity buses shall perform a daily pre-trip safety inspection of the vehicle. The items checked and inspection shall be recorded shall be at least equal to the pre-trip inspection procedure in the Preventive Maintenance Manual for Virginia School Buses (September 2012) issued in a format approved by the Department of Education.

DOCUMENTS INCORPORATED BY REFERENCE (8VAC20-70)

Preventive Maintenance Manual for Virginia School Buses, Rev. September 2012, Virginia Department of Education.

No document is currently incorporated by reference into this regulation.