TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Title of Regulation: 8VAC20-132. Virginia Standards of Accreditation (amending 8VAC20-132-40, 8VAC20-132-240).

Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 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, State Board 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. Section 22.1-253.13:3 of the Code of Virginia specifically authorizes the board to promulgate regulations establishing standards of accreditation.

Purpose: This action is essential to the public health, safety, and welfare because it ensures that the board's regulations are aligned with statute.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and appropriate for the fast-track rulemaking process because the amendments are mandated by statute. The board is exercising little discretion in making the regulatory changes.

Substance: Pursuant to Chapter 26 of the 2021 Acts of Assembly, Special Session 1, and Chapters 612, 432, and 194 of the 2024 Acts of Assembly, the amendments (i) provide for expedited Standards of Learning test retakes for students in grades three through 12 within a certain score range; (ii) establish guidelines for and require each eligible student to complete a comprehensive remediation program based on the student's particular educational needs prior to an expedited retake; (iii) require each public school to hold fire drills during the school session in accordance with the requirements of the Statewide Fire Prevention Code Act (§ 27-94 et seq. of the Code of Virginia); (iv) reduce the minimum number of mandatory annual lock-down drills in each public elementary and secondary school to two; (v) require public schools to institute tornado drills each school year; and (vi) require each divisionwide or public elementary or secondary school-specific evacuation plan, policy, or protocol to include provisions that maximize the opportunity for students with mobility impairments to evacuate the school building alongside nonmobility-impaired peers.

Issues: The primary advantage to both the public and the agency is that the board's regulations will conform to statute. 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 proposes to amend the Virginia Standards of Accreditation to reflect several legislative mandates.

Background. The legislation leading to this action, and how the board proposes to address it in regulation, are as follows:

Chapter 841 of the 2001 Acts of Assembly added § 22.1-137.1 to the Code of Virginia; which says every public school there shall be at least one tornado drill every school year. The current regulation does not mention tornado drills. To address Chapter 841, the board proposes to amend the regulation to state that the school administration shall conduct tornado drills in accordance with § 22.1-137.1 of the Code of Virginia.

Chapter 26 of the 2021 Acts of Assembly amended § 22.1-137.2 of the Code of Virginia to reduce the number of lock-down drills from at least twice during the first 20 school days of each school session to at least once during that same timeframe. The current regulation states that the school administration shall conduct a lock-down drill at least twice during the first 20 days of school and conduct at least two additional lock-down drills during the remainder of the school term. To address Chapter 26, the board proposes to replace that quoted text with Conduct lock-down drills in accordance with § 22.1-137.2 of the Code of Virginia.

Chapter 194 of the 2024 Acts of Assembly added § 22.1-137.4. to the Code; it states that any divisionwide or public elementary or secondary school-specific school building evacuation plan, policy, or protocol shall include provisions that seek to maximize the opportunity for students with mobility impairments to evacuate the school building alongside their non-mobility-impaired peers. The current regulation states that the school administration shall ensure that the school has written procedures to follow for the safe evacuation of persons with special physical, medical, or language needs who may need assistance to exit a facility. To address Chapter 194, the board proposes to append to the quoted text which shall include provisions that seek to maximize the opportunity for students with mobility impairments to evacuate the school building alongside their non-mobility-impaired peers.

Chapter 432 of the 2024 Acts of Assembly updated § 22.1-137 of the Code of Virginia to remove the requirement that there be a fire drill at least twice during the first 20 school days of each school session, and at least two additional drills during the remainder of the school session, and replaced it with a requirement that public schools hold fire drills during the school session in accordance with the requirements of the Statewide Fire Prevention Code (§ 27-94 et seq.). The current regulation states that the school administration shall conduct a fire drill at least twice during the first 20 days of school and conduct at least two additional fire drills during the remainder of the school term. To address Chapter 432, the board proposes to replace that quoted text with "Hold fire drills during the school session in accordance with the requirements of the Statewide Fire Prevention Code (§ 27-94 et seq.)".

Chapter 612 of the 2024 Acts of Assembly requires the board to revise its regulations relating to student eligibility for an expedited retake of any Standards of Learning assessment, with the exception of the writing Standards of Learning assessments, to (i) provide that any student in grades three through 12 who scores in the 375 to 399 range, or an equivalent range on an alternative scoring scale, on any such Standards of Learning assessment shall be eligible to retake such assessment on an expedited basis at least once prior to the next scheduled assessment administration and (ii) establish guidelines for and require each eligible student to complete prior to retaking any Standards of Learning assessment on an expedited basis a comprehensive remediation program based on such student's particular educational needs as identified by such student's results on such assessment. The current regulation states that The board shall provide the same criteria for eligibility for an expedited retake of any SOL test, with the exception of the writing SOL tests, to each student regardless of grade level or course. To address Chapter 612, the board proposes to eliminate the above quoted sentence and add the following: With the exception of the writing Standards of Learning assessments, any student in grades three through 12 shall be eligible for an expedited retake of any of the Standards of Learning assessment prior to the next scheduled assessment administration if the student scored in the 375 to 399 range, or an equivalent range on an alternative scoring scale. Prior to taking any Standards of Learning assessment on an expedited basis, such student shall complete a comprehensive remediation program based on such student's particular educational needs as identified by such student's results on such assessment. The comprehensive remediation program shall be in accordance with guidelines established by the board.

Estimated Benefits and Costs. The requirements in Chapters 841, 26, 194, and 432 became effective when the legislation became effective. Putting text in regulation that reflects those requirements is beneficial in that it better informs readers of the regulation about the requirements but otherwise has no impact. Chapter 612 requires the board to revise its regulations relating to student eligibility for an expedited retake of any Standards of Learning assessment and (ii) establish guidelines for and require each eligible student to complete prior to retaking any Standards of Learning assessment on an expedited basis a comprehensive remediation program based on such student's particular educational needs as identified by such student's results on such assessment. The Department of Education has indicated that it is not yet requiring completion of a comprehensive remediation program but will do so once the regulation is effective.

Businesses and Other Entities Affected. The proposed amendments pertain 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 Since all proposed amendments are directly due to legislation, 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 substantively 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 analysis concerning this action.

Summary:

Pursuant to Chapter 26 of the 2021 Acts of Assembly, Special Session 1 and Chapters 612, 432, and 194 of the 2024 Acts of Assembly, the amendments (i) provide for expedited SOL test retakes for students in grades three through 12 within a certain score range; (ii) establish guidelines for and require each eligible student to complete a comprehensive remediation program based on the student's particular educational needs prior to an expedited retake; (iii) require each public school to hold fire drills during the school session in accordance with the requirements of the Statewide Fire Prevention Code Act (§ 27-94 et seq. of the Code of Virginia); (iv) reduce the minimum number of mandatory annual lock-down drills in each public elementary and secondary school to two; (v) require public schools to institute tornado drills each school year; and (vi) require each divisionwide or public elementary or secondary school-specific evacuation plan, policy, or protocol to include provisions that maximize the opportunity for students with mobility impairments to evacuate the school building alongside nonmobility-impaired peers.

8VAC20-132-40. Student achievement expectations.

A. Each student should learn the relevant grade level or course subject matter before promotion to the next grade. The division superintendent shall certify to the Department of Education that the division's promotion and retention policy does not exclude students from membership in a grade or participation in a course in which SOL tests are to be administered. Each school shall have a process, as appropriate, to identify and recommend strategies to address the learning, behavior, communication, or development of individual children who are having difficulty in the educational setting.

B. In kindergarten through grade eight, where the administration of Virginia Assessment Program tests is required by the board, each student shall be expected to take the tests following instruction. Students who are accelerated shall take the test aligned with the highest grade level, following instruction in the content. No student shall take more than one test in any content area in each year, except in the case of expedited retakes as provided for in this section. Schools shall use the Virginia Assessment Program test results in kindergarten through grade eight as part of a set of multiple criteria for determining the promotion or retention of students. Students promoted to secondary school from grade eight should have attained basic mastery of the Standards of Learning in English, history and social science, mathematics, and science and should be prepared for secondary school work. Students shall not be required to retake the Virginia Assessment Program tests unless they are retained in grade and have not previously passed the related tests.

The board shall provide the same criteria for eligibility for an expedited retake of any SOL test, with the exception of the writing SOL tests, to each student regardless of grade level or course.

C. In kindergarten through grade 12, students may participate in a remediation recovery program as established by the board in English (reading) or mathematics or both.

D. The board recommends that no student in kindergarten through grade eight be required to attend summer school or weekend remediation classes solely based on failing an SOL test in science or history and social science. However, any student who fails to achieve a passing score on all Standard of Learning assessments for the relevant grade level in grades three through eight shall be required to attend a remediation program or to participate in another form of remediation. Further, any student who fails an end-of-course test required for the award of a verified unit of credit shall be required to attend a remediation program or to participate in another form of remediation.

E. Each student in middle and secondary schools shall take all applicable end-of-course SOL tests following course instruction. The division superintendent shall certify to the Department of Education that the division's policy for dropping courses ensures that student course schedules are not changed to avoid end-of-course SOL tests. Students who achieve a passing score on an end-of-course SOL test shall be awarded a verified unit of credit in that course in accordance with the provisions of 8VAC20-132-110. Students may earn verified units of credit in any courses for which end-of-course SOL tests are available. Students shall not be required to take an end-of-course SOL test in an academic subject after they have earned earning the number of verified credits required for that academic content area for graduation, unless such test is necessary in order for the school to meet federal accountability requirements. Middle and secondary schools may consider the student's end-of-course SOL test score in determining the student's final course grade. However, no student who has failed an end-of-course SOL test but passed the related course shall be prevented from taking any other course in a content area and from taking the applicable end-of-course SOL test. The board may approve additional tests to verify student achievement in accordance with guidelines adopted for verified units of credit described in 8VAC20-132-110.

F. Participation in the Virginia Assessment Program by students with disabilities shall be prescribed by provisions of their Individualized Education Program (IEP) or 504 Plan. All students with disabilities shall be assessed with appropriate accommodations and alternate assessments where necessary.

G. Any student identified as an English Learner (EL) shall participate in the Virginia Assessment Program. A school-based committee shall convene and make determinations regarding the participation level of EL students in the Virginia Assessment Program. In kindergarten through grade eight, EL students may be granted a one-time exemption from SOL testing in the areas of writing and history and social science.

H. Students identified as foreign exchange students taking courses for credit shall be required to take the relevant Virginia Assessment Program tests, as specified in subsection E of this section. Foreign exchange students who are auditing courses are not eligible for academic credit for those courses and shall not be required to take the SOL tests for those courses.

I. With the exception of the writing SOL test, any student in grades three through 12 shall be eligible for an expedited retake of any of the SOL tests prior to the next scheduled test administration if the student scored in the 375 to 399 range, or an equivalent range on an alternative scoring scale. Prior to taking any SOL test on an expedited basis, the student shall complete a comprehensive remediation program based on the student's particular educational needs as identified by the student's results on the assessment. The comprehensive remediation program shall be in accordance with guidelines established by the board.

8VAC20-132-240. School facilities and safety.

A. Each school shall be maintained in a manner ensuring compliance with the Virginia Uniform Statewide Building Code (13VAC5-63). In addition, the school administration shall:

1. Maintain a physical plant that is accessible, barrier free, safe, and clean;

2. Provide for the proper outdoor display of flags of the United States and of the Commonwealth of Virginia;

3. Provide suitable space for classrooms, administrative staff, pupil personnel services, library and media services, and for the needs and safety of physical education;

4. Provide adequate, safe, and properly equipped laboratories to meet the needs of instruction in the sciences, technology, fine arts, and career and technical programs;

5. Provide facilities for the adequate and safe administration and storage of student medications; and

6. Carry out the duties of the threat assessment team established by the division superintendent and implement policies established by the local school board related to threat assessment pursuant to § 22.1-79.4 of the Code of Virginia.

B. Each school shall maintain records of regular safety, health, and fire inspections that have been conducted and certified by local health and fire departments. The frequency of such inspections shall be determined by the local school board in consultation with the local health and fire departments. In addition, the school administration shall:

1. Equip all exit doors with panic hardware as required by the Virginia Uniform Statewide Building Code (13VAC5-63);

2. Conduct a fire drill at least twice during the first 20 days of school and conduct at least two additional Hold fire drills during the remainder of the school term session in accordance with the requirements of the Statewide Fire Prevention Code Act (§ 27-94 et seq. of the Code of Virginia). Evacuation routes for students shall be posted in each room; and

3. Conduct a lock-down drill at least twice during the first 20 days of school and conduct at least two additional lock-down drills during the remainder of the school term drills in accordance with § 22.1-137.2 of the Code of Virginia; and

4. Conduct tornado drills in accordance with § 22.1-137.1 of the Code of Virginia.

C. Each school shall have contingency plans for emergencies that include staff certified in cardiopulmonary resuscitation (CPR), the Heimlich maneuver, and emergency first aid.

Each school building with instructional or administrative staff of 10 or more shall have at least three employees with current certification or training in emergency first aid, CPR, and the use of an automated external defibrillator. If one or more students diagnosed with diabetes attend such school, at least two employees shall have been trained in the administration of insulin and glucagon.

Each school building with instructional or administrative staff of fewer than 10 shall have at least two employees with current certification or training in emergency first aid, CPR, and the use of an automated external defibrillator. If one or more students diagnosed with diabetes attend such school, at least one employee shall have been trained in the administration of insulin and glucagon.

D. In addition, the school administration shall ensure that the school has:

1. Written procedures to follow in emergencies such as fire, injury, illness, allergic reactions, and violent or threatening behavior. This shall include school board policies for the possession and administration of epinephrine in every school, to be administered by any school nurse, employee of the school board, employee of a local governing body, or employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine to any student believed to be having an anaphylactic reaction. The plan shall be outlined in the student handbook and discussed with staff and students during the first week of each school year;

2. Space for the proper care of students who become ill;

3. A written procedure, in accordance with guidelines established by the local school board, for responding to violent, disruptive, or illegal activities by students on school property or during a school-sponsored activity; and

4. Written procedures to follow for the safe evacuation of persons with special physical, medical, or language needs who may need assistance to exit a facility, which shall include provisions that seek to maximize the opportunity for students with mobility impairments to evacuate the school building alongside nonmobility-impaired peers.