TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Title of Regulation: 8VAC20-390. Rules Governing Division Superintendent of Schools (repealing 8VAC20-390-10).

Statutory Authority: §§ 22.1-59, 22.1-60, and 22.1-70 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 17, 2025.

Effective Date: January 1, 2026.

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. Section 22.1-59 of the Code of Virginia requires the board to prescribe by regulation the minimum qualifications for the position of division superintendent of schools. Section 22.1-60 of the Code of Virginia requires, in part, that the division superintendent of schools be appointed by the school board of the division from the entire list of eligible candidates certified by the board. Section 22.1-70 of the Code of Virginia requires the division superintendent to perform such other duties as may be prescribed by law, by the school board, and by the board.

Purpose: The purpose of this action is to remove language in 8VAC20-390 that conflicts with 8VAC20-23. This change is essential to protect the health, safety, and welfare of citizens because it removes conflicting requirements found in 8VAC20-390.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because it removes incorrect information and resolves the conflict between 8VAC20-390-10 and 8VAC20-23-630 in favor of current, widely used requirements.

Substance: This action repeals 8VAC20-390-10, which conflicts with 8VAC20-23-630, to resolve the conflict between the two regulatory chapters.

Issues: The primary advantage to the public is that the action will remove inaccurate information and resolve conflicting requirements. The primary advantage to the agency and the Commonwealth is that conflicting requirements will be removed, and the accurate requirements will be clear.

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 State Board of Education (board) proposes to repeal Qualifications from the Rules Governing Division Superintendent of Schools (8VAC20-390).

Background. 8VAC20-23-630 includes the requirements to be a division superintendent. 8VAC20-23-630 was first made effective August 23, 2018, and was subsequently amended on July 10, 2019, and October 24, 2024. 8VAC20-23-630 and 8VAC20-390-10 conflict. According to the Department of Education, in practice 8VAC20-23-630 has been used for division superintendent requirements or qualifications. Thus, to resolve the conflict, the board proposes to repeal 8VAC20-390-10.

Estimated Benefits and Costs. Since in practice, 8VAC20-23-630 has been used for division superintendent requirements/qualifications, repealing would have no impact beyond eliminating potential confusion about the requirements that apply.

Businesses and Other Entities Affected. The proposal pertains to the 131 school divisions in the Commonwealth and division superintendent candidates. 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 the Economic Impact Analysis: The State Board of Education thanks the Department of Planning and Budget for its thorough economic impact analysis.

Summary:

The action repeals 8VAC20-390-10, which conflicts with 8VAC20-23-630 regarding qualifications of division superintendent candidates.

8VAC20-390-10. Qualifications. (Repealed.)

Division superintendents of county, town, and city school systems are required by law to be appointed from a list of eligible persons approved by the State Board of Education. To be placed on the list of eligibles, applicants must meet the following qualifications:

1. Personal qualities. Eligibility shall be limited to individuals whose records attest to good character and demonstrated ability as an educational administrator.

2. Education. The applicant shall have earned 60 semester hours of graduate work from an institution of higher learning accredited by the state accrediting agency and shall hold the Master's degree or be pursuing a doctoral program approved by any such accredited institution.

The applicant shall have completed graduate work in the following areas: history or philosophy of education, courses designed to develop competence in supervision and curriculum development, administration, finance, law, plant, personnel management or school-community relations, research, or statistical methods.

3. Experience. The applicant shall have had at least five years of satisfactory and full-time experience in administration or supervision, or both, in public schools.* This experience shall have been acquired in the principalships or positions, or both, within the central administrative offices of the school division. A maximum of two years of this requirement may be met through full-time experience in the assistant principalship. Certification as to whether the applicant has served satisfactorily in full-time positions of administration or supervision, or both, must be mailed directly to the Department of Education by the division superintendent.

4. Recency of professional education or experience, or both, and status report. A portion of either professional education or experience, or both, shall have been within a period of four years immediately prior to the application. An individual not serving as a division superintendent is required to complete a status report every four years. The report should include current information about the individual, such as current position, professional growth activities, and other pertinent data. The Department of Education will request the status report early in the school year prior to commencement of the new term for the division superintendents.

5. Conditions. Superintendents in office in Virginia as of November 1, 1967, shall not be required to meet these qualifications as long as they serve continuously in such positions in the state.

Persons on the eligible list as of November 1, 1967, who did not meet the education requirement effective that day shall submit to the department official transcripts of graduate work in support of at least six semester hours beyond the master's degree each two years thereafter until such time as they meet the new academic requirement. Any person who does not comply with this requirement will be removed from the eligible list.

*Comparable experience in accredited private schools or other educational systems may be accepted upon the recommendation of the Superintendent of Public Instruction and the approval of the Board of Education.