TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Title of Regulation: 8VAC20-30. Regulations Governing Adult High School Programs (amending 8VAC20-30-20).

Statutory Authority: §§ 22.1-16 and 22.1-224 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 22.1-224 of the Code of Virginia requires the State Board of Education to require the development of adult education programs in every school division and promulgate appropriate standards and guidelines for adult education programs.

Purpose: This action advances public health, safety, and welfare by allowing the board to approve additional adult education programs as the opportunity arises to do so, as well as achieving regulatory reduction.

Rationale for Using Fast-Track Rulemaking Action: This action is expected to be noncontroversial and appropriate for the fast-track rulemaking process because the amendments implement the board's decision following the most recent periodic review.

Substance: The amendments remove a document incorporated by reference, National External Diploma Program Competencies, and replace the reference to this document with a requirement that an adult student demonstrate full mastery of a program approved by the board.

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. The Board of Education (board) proposes to amend language concerning one method for an adult to earn a high school diploma, so that obsolete information is eliminated.

Background. There are several different ways for an adult to earn a high school diploma or certificate in Virginia. Under subdivision 3 c of 8VAC20-30-20, one of the options is as follows: An adult high school diploma shall be awarded to an adult student who demonstrates through applied performance assessment full mastery of the National External Diploma Program Competencies, version 5.0, January 2013, a CASAS [Comprehensive Adult Student Assessment Systems] program, as promulgated by the American Council on Education and validated and endorsed by the U.S. Department of Education. According to the Department of Education (DOE), CASAS has decided to no longer publish specific versions of the National External Diploma Program Competencies, but instead constantly updates the same set of competencies without maintaining specific versions. Consequently, the Board proposes to amend the text of subdivision 3 c of 8VAC20-30-20 to say an adult high school diploma shall be awarded to an adult student who demonstrates through full mastery of an applied performance assessment of a program that has been approved by the Virginia Board of Education. Although not stated in the regulation, the Agency Background Document notes that the Board will approve the National External Diploma Program as meeting the requirements of subdivision 3 c of 8VAC20-30-20. DOE also states that this change will also allow the Board to approve similar demonstrations of competency for use by school divisions.

Estimated Benefits and Costs. The proposed amendment would have no impact on what occurs in practice. A review of the CASAS website indicates that version 5.0 was superseded in July 2019. Therefore, this change may be moderately beneficial in that readers of the regulation would not be misled into believing that an obsolete version of the competencies was still in use. To the extent that other demonstrations of competency are approved, school divisions and adult learners may also benefit from an expanded array of options.

Businesses and Other Entities Affected. The regulation pertains to adult high school programs in all 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 amendment neither increases net cost nor reduces net benefit for any entity, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposed amendment does not adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed amendment neither disproportionally affects particular localities nor affects costs for local governments.

Projected Impact on Employment. The proposed amendment does not affect employment.

Effects on the Use and Value of Private Property. The proposed amendment 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:

The amendments (i) remove a document incorporated by reference, National External Diploma Program Competencies, and (ii) replace the reference to the document with a requirement that an adult student demonstrate full mastery of a program approved by the board to be awarded a high school diploma.

8VAC20-30-20. Minimum requirements for adult high school programs.

Adult high school programs are not part of the 9 through 12 high school program and shall meet the following minimum requirements:

1. Age. Only those students who are not subject to the compulsory attendance requirements of § 22.1-254 of the Code of Virginia shall be enrolled in an adult high school program.

2. Credit.

a. Satisfactory completion of 108 hours of classroom instruction in a subject shall constitute sufficient evidence for one unit of credit toward a high school diploma.

b. When, in the judgment of the principal or the superintendent, an adult not regularly enrolled in the grades 9 through 12 high school program is able to demonstrate by examination or other objective evidence satisfactory completion of the work, he the adult may receive credit in accordance with policies adopted by the local school board. It is the responsibility of the school issuing the credit to document the types of examinations employed or other objective evidence used, the testing or assessment procedures, and the extent of progress in each case.

c. Credits earned in adult high school programs shall be transferable as prescribed in the Virginia Standards of Accreditation within the sponsoring school division and shall be transferable to public secondary schools outside of the sponsoring school division.

3. Diplomas.

a. A diploma, as provided in 8VAC20-132-50, shall be awarded to an adult student who completes all requirements of the diploma regulated by the State Board of Education, with the exception of health and physical education requirements, in effect at the time he the adult student will graduate.

b. An adult high school diploma shall be awarded to an adult student who completes the course credit requirements in effect for any State Board of Education diploma, with the exception of health and physical education course requirements, at the time he the adult student first entered the ninth grade. The requirement for specific assessments may be waived if the assessments are no longer administered to students in Virginia public schools.

c. An adult high school diploma shall be awarded to an adult student who demonstrates through an applied performance assessment full mastery of the National External Diploma Program Competencies, version 5.0, January 2013, a CASAS program, as promulgated by the American Council on Education and validated and endorsed by the U.S. Department of Education a program that has been approved by the State Board of Education.

d. A general achievement adult high school diploma shall be awarded to a student who is not subject to the compulsory attendance requirements of § 22.1-254 of the Code of Virginia and who:

(1) Successfully completes a high school equivalency examination approved by the State Board of Education;

(2) Earns a State Board of Education-approved career and technical education credential, such as the successful completion of an industry certification, a state licensure examination, a national occupational competency assessment, or the Virginia Workplace Readiness Skills Assessment; and

(3) Successfully completes the following courses that incorporate or exceed the applicable Standards of Learning:

Courses completed to satisfy the requirements in mathematics and science shall include content in courses that incorporate or exceed the content of courses approved by the State Board of Education to satisfy any other board-recognized diploma.

Courses completed to satisfy the history and social sciences requirements shall include one unit of credit in Virginia and U.S. history and one unit of credit in Virginia and U.S. government in courses that incorporate or exceed the content of courses approved by the State Board of Education to satisfy any other board-recognized diploma.

Courses completed to satisfy the electives requirement shall include at least two sequential electives in an area of concentration or specialization, which may include career and technical education and training.

DOCUMENTS INCORPORATED BY REFERENCE (8VAC20-30)

National External Diploma Program Competencies, version 5.0, January 2013, a CASAS program, as promulgated by the American Council on Education and validated and endorsed by the U.S. Department of Education

No document is currently incorporated by reference into this regulation.