TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Titles of Regulations: 8VAC20-510. Regulations Governing Superintendent of Public Instruction (amending 8VAC20-510-10).

8VAC20-521. Regulations Governing Reduction of State Aid When Length of School Term Below 180 Teaching Days or 990 Teaching Hours (repealing 8VAC20-521-10 through 8VAC20-521-60).

Statutory Authority: §§ 22.1-16 and 22.1-98 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: October 22, 2025.

Effective Date: November 6, 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.

Purpose: This action is essential to the public health, safety, or welfare because it (i) removes outdated regulatory language that does not meet current statutory directives and (ii) streamlines and clarifies the board's regulations.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and appropriate for the fast-track rulemaking process because it conforms the board's regulations with current statutory language, amends incorrect references, and corrects outdated information.

Substance: Pursuant to a periodic review, this action (i) moves a provision that authorizes the Superintendent of Public Instruction to approve reductions in the school term for a school without reducing the amount paid by the Commonwealth from the Basic School Aid Fund and (ii) repeals Regulations Governing Reduction of State Aid When Length of School Term Below 180 Teaching Days or 990 Teaching Hours (8VAC20-521).

Issues: The primary advantage to the public and the Commonwealth is that the board's regulations 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 (board) proposes to repeal Regulations Governing Reduction of State Aid When Length of School Terms Below 180 Teaching Days or 990 Teaching Hours (8VAC20-521) and add one portion of it to Regulations Governing Superintendent of Public Instruction (8VAC20-510).

Background. Regulations Governing Reduction of State Aid When Length of School Terms Below 180 Teaching Days or 990 Teaching Hours (8VAC20-521) consists of six sections. The board proposes to repeal it and add part of 8VAC20-521-40 to Regulations Governing Superintendent of Public Instruction (8VAC20-510).

Estimated Benefits and Costs. Definitions on their own without a regulation using those definitions serve no purpose. Thus, repealing 8VAC20-521-10 would be moderately beneficial in that retaining it could mislead readers of regulations that a purpose was served. 8VAC20-521-20, 8VAC20-521-30, and 8VAC20-521-50 are duplicative of § 22.1-98 of the Code of Virginia. Thus, repealing these sections would have no impact on requirements in practice. 8VAC20-521-40 is mostly duplicative of § 22.1-98 of the Code of Virginia. The exception is that § 22.1-98 of the Code of Virginia says the Board of Education may authorize the Superintendent of Public Instruction to approve, in compliance with this section, reductions in the school term for a school or the schools in a school division without a proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund. In contrast, 8VAC20-521-40 E says the Board of Education authorizes the Superintendent of Public Instruction to approve, in compliance with this chapter, reductions in the school term for a school or the schools in a school division. Additionally, 8VAC20-521-50 A reflects § 22.1-98 of the Code of Virginia by saying that there shall be no proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund if a local school division obtains a waiver for closings in accordance with 8VAC20-521-40. Thus, the important difference is that statute states that the board may authorize, while the regulation states that the board authorizes. The board proposes to repeal 8VAC20-521-40 along with the rest of 8VAC20-521, and add that the Board of Education authorizes the Superintendent of Public Instruction to approve, in compliance with § 22.1-98 of the Code of Virginia, reductions in the school term for a school or the schools in a school division without a proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund to 8VAC20-510-10. Thus, there would be no change in requirements and authorization in practice. 8VAC20-521-60 A is as follows: "The Virginia Department of Education shall annually notify local school divisions of the provisions of these regulations and the Code of Virginia regarding reductions in the length of the school term." If 8VAC20-521 is repealed in its entirety, there would be no provisions of these regulations from which to notify local school divisions. The Department of Education has stated that it may continue to notify school divisions of the statute, but school divisions should already be aware of the statute. To the extent that the agency does notify local school divisions of relevant changes to statute, then the repeal of this provision in the regulation should have no impact. 8VAC20-521-60 B reads as local school division superintendents shall certify annually, at a time and in a form prescribed by the Virginia Department of Education, that they have read and complied with these provisions and are implementing a plan for making up any missed time that has not been waived in accordance with these regulations. The latter part of this subsection, "implementing a plan for making up any missed time that has not been waived," is essentially duplicative of Code § 22.1-98. As for the first part of the subsection, under the proposal there would no longer be regulatory provisions to be read.

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 proposal neither increases cost nor reduces benefit, no adverse impact is indicated.

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

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

Projected Impact on Employment. The proposal does not affect employment.

Effects on the Use and Value of Private Property. The proposal affects neither 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 analysis concerning this action.

Summary:

As a result of periodic review, this action (i) moves a provision that authorizes the Superintendent of Public Instruction to approve reductions in the school term for a school without proportionately reducing the amount paid by the Commonwealth from the Basic School Aid Fund and (ii) repeals Regulations Governing Reduction of State Aid When Length of School Term Below 180 Teaching Days or 990 Teaching Hours (8VAC20-521).

8VAC20-510-10. Duties of Superintendent.

The Superintendent of Public Instruction shall be the chief executive officer of the public school system and shall have the following duties:

1. Serve as the executive officer of the Division of Vocational and Adult Education of the state Virginia Department of Education;

2. Establish and maintain an orderly plan for preserving and making accessible regulations, standards, guidelines, and policies adopted by the state State Board of Education;

3. Act as an agent for the State Board of Education and seek board approval on all federal government projects before funds are obtained and the project or projects are is implemented. Annual program plans for each program of federal aid to education in which the state desires to participate will be compiled by him the superintendent for consolidation review by the State Board of Education prior to submission to the U.S. Office of Education;

4. Prepare or have prepared suitable registers, blanks, and other forms which that may be necessary for making appropriate reports to the State Virginia Department of Education. By circulars and otherwise, he the superintendent shall give information and instruction conducive to the proper organization and conduct of the schools;

5. Require of division superintendents detailed reports annually and special reports from time to time as he the superintendent may deem proper, and use all proper means to promote an appreciation of education among the people;

6. Preserve in convenient form in his the superintendent's office all papers, documents, and records relating to educational work in Virginia and in other states;

7. Prepare, as prescribed by law, a plan for apportioning the money appropriated by the state for public school purposes;

8. Provide for his the superintendent's office a suitable official seal with which official documents may be authenticated; and

9. Submit annually to the State Board of Education on or before the first day of November a detailed report of his the superintendent's official proceedings for the year ending the 30th day of June preceding, including receipts and expenditures for the public schools, a statistical report showing the number of children, male and female, respectively in the state, and in each county and city, compensation paid teachers, the cost of education per pupil, and whatever else may tend to exhibit the real conditions of the schools. It shall be the duty of the superintendent to offer suggestions to the State Board of Education and to the General Assembly concerning matters pertaining to the Department of Education at any time that the public interest seems to require it; and

10. The State Board of Education authorizes the Superintendent of Public Instruction to approve, in compliance with § 22.1-98 of the Code of Virginia, reductions in the school term for a school or the schools in a school division without a proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund.