TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Titles of Regulations: 8VAC20-720. Regulations Governing Local School Boards and School Divisions (amending 8VAC20-720-10; adding 8VAC20-720-30).

8VAC20-730. Regulations Governing the Collection and Reporting of Truancy-Related Data and Student Attendance Policies (repealing 8VAC20-730-10, 8VAC20-730-20, 8VAC20-730-30).

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

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: October 8, 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: A periodic review of this regulation found that Regulations Governing the Collection and Reporting of Truancy-Related Data and Student Attendance Policies (8VAC20-730) is no longer essential to protect the health, safety, or welfare of citizens because it conflicts with § 22.1-258 of the Code of Virginia.

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 improve consistency with federal and state law.

Substance: The action consolidates 8VAC20-730 with 8VAC20-720 by (i) repealing 8VAC20-730, which overlaps with § 22.1-258 of the Code of Virginia and 8VAC20-720; (ii) adding terms from the repealed chapter into the definitions section of 8VAC20-720; and (iii) adding a new section on data collection to 8VAC20-720.

Issues: The primary advantage of this action is that it improves the board's regulations by making the regulations easier for the public and the Commonwealth to understand. The board is unaware of any 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 (board) proposes to repeal 8VAC20-730, Regulations Governing the Collection and Reporting of Truancy-Related Data and Student Attendance Policies, and amend 8VAC20-720, Regulations Governing Local School Boards and School Divisions, to include certain definitions and reporting information from the repealed regulation.

Background. As a result of a 2024 periodic review,² the board found that 8VAC20-730 overlaps with § 22.1-258 of the Code of Virginia as well as with 8VAC20-110, Regulations Governing Pupil Accounting Records. The board proposes to repeal 8VAC20-730 and add some elements from 8VAC20-730 to 8VAC20-720.

Estimated Benefits and Costs. The proposed amendments would not change requirements in practice, but may make the board's regulations more readable and easier for the public to understand.

Businesses and Other Entities Affected. The regulation pertains to the instructional personnel in 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.³ 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.⁴ As repealing the regulation neither increases net cost nor reduces net benefit for any entity, no adverse impact is indicated.

Small Businesses⁵ Affected.⁶ Repealing the regulation does not adversely affect small businesses.

Localities⁷ Affected.⁸ Repealing the regulation neither disproportionately affects particular localities nor affects costs for local governments.

Projected Impact on Employment. Repealing the regulation does not affect employment.

Effects on the Use and Value of Private Property. Repealing 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 See https://townhall.virginia.gov/L/ViewPReview.cfm?PRid=2521.

³ 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.

⁴ 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.

⁵ 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."

⁶ 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.

⁷ "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.

⁸ 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, the action (i) repeals Regulations Governing the Collection and Reporting of Truancy-Related Data and Student Attendance Policies (8VAC20-730), which overlaps with § 22.1-258 of the Code of Virginia and Regulations Governing Local School Boards and School Divisions (8VAC20-720); (ii) adds defined terms from 8VAC20-730 into 8VAC20-720; and (iii) moves data collection provisions from 8VAC20-730 to 8VAC20-720.

8VAC20-720-10. Definitions.

The following word or term when used in this chapter shall have the following meaning unless the context clearly indicates otherwise:

"Excused absence" means an absence of an entire assigned instructional school day with a reason acceptable to the school administration that is provided by the parent. If circumstances permit, the parent should provide the school administration with the reason for the nonattendance prior to the absence. Examples of an excused absence may include the following reasons: funeral, illness (including mental health and substance abuse illnesses), injury, legal obligations, medical procedures, suspensions, religious observances, and military obligation. Suspended students continue to remain under the provisions of compulsory school attendance as described in § 22.1-254 of the Code of Virginia. An absence from school attendance resulting from a suspension shall be recorded in compliance with this section for the period of the suspension.

"Instructional school day" means the length of a regularly scheduled school day for an individual student.

"Textbooks" means print or electronic media for students use that serve as the primary curriculum basis for grade-level subject or course.

"Truancy" means the act of accruing one or more unexcused absences.

"Unexcused absence" means an absence where (i) the student misses a scheduled instructional school day in its entirety and (ii) no indication has been received by school personnel within five days of the absence that the student's parent is aware and supports the absence, or the parent provides a reason for the absence that is unacceptable to the school administration. The school administration may change an unexcused absence to an excused absence when it determines that the parent has provided an acceptable reason meeting criteria for the student's absence or there are extenuating circumstances.

8VAC20-720-30. Data collection and reporting.

Data collection shall begin on the first day students attend for the school year. Each school division shall provide student level attendance data for each student that includes the number of unexcused absences in a manner prescribed by the Virginia Department of Education. A student's attendance is cumulative and begins on the first official day of the school year or the first day the student is officially enrolled. All nonattendance days are cumulative and begin with the first absence. For purposes of this data collection, truancy shall start with the first unexcused absence and will be cumulative. Data shall be reported to the Virginia Department of Education pursuant to § 22.1-258 of the Code of Virginia.