TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Title of Regulation: 8VAC20-340. Regulations Governing Driver Education (amending 8VAC20-340-10).

Statutory Authority: §§ 22.1-16 and 22.1-205 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 22.1-205 of the Code of Virginia specifically directs the board to establish a standardized program of driver education in the safe operation of motor vehicles.

Purpose: This action is essential to protect the health, safety, and welfare of citizens because it ensures that the regulations governing driver education conform to the Code of Virginia and are aligned with processes currently in use at the Virginia Department of Motor Vehicles (DMV).

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 brings the chapter into conformance with current statutory language and brings the board's regulations into alignment with processes and terminology utilized by DMV.

Substance: The amendments (i) update language to reflect the 180-day temporary driver's license currently issued by DMV to students who successfully complete the standardized end-of-course road skills assessment and (ii) add the 90-minute parent-student driver education component as part of the classroom portion of the driver education curriculum as required by § 22.1-205 of the Code of Virginia.

Issues: The primary advantage to both the public and the Commonwealth is that the section will conform to statute and be consistent with processes at DMV. There are no disadvantages to the public or 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. As a result of a 2024 periodic review² and changes to the Code of Virginia in 2009 and 2022, the State Board of Education (board) proposes to update the regulatory text to reflect (i) the 90-minute parent-student driver education component as part of the classroom portion of the driver education curriculum as required by § 22.1-205 of the Code of Virginia and (ii) the 180-day temporary driver's license currently issued by schools to students who successfully complete the standardized end-of-course road skills assessment.

Background. Chapter 785 of the 2009 Acts of General Assembly³ required the board to include an additional minimum 90-minute parent-student driver education component as part of the classroom portion of its driver education program in Planning District 8 (Northern Virginia) and later Chapter 708 of the 2022 Acts of General Assembly⁴ expanded this requirement state wide. However, the current text of the regulation is silent with respect to the mandated 90-minute education component. While this component has been implemented in practice based on the legislative mandates, the text of the regulation does not include it. Additionally, the current text of the regulation incorrectly refers to the 180-day temporary license issued by schools following successful completion of a standardized end-of-course road skills assessment as a 90-day provisional license. In this action, the board proposes to update the regulatory text to conform to the Code of Virginia as amended in 2009 and 2022; and to correctly refer to the 180-day temporary license.

Estimated Benefits and Costs. One of the proposed changes would add the legislatively mandated 90-minute parent-student driver education component and the other change would correct an incorrect reference to the 180-day temporary license issued by schools following successful completion of a standardized end-of-course road skills assessment. Neither one of the proposed changes would have any impact on current DOE or school practices. Thus, no significant economic impact is expected other than eliminating potential confusion for the readers of the regulation.

Businesses and Other Entities Affected. According to the Department of Education, 338 high schools or centers and 15 non-public schools are approved by the board to offer driver education. No driver education program appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁵ 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.⁶ The proposed changes would update the text of the regulation without changing current practices. Thus, no adverse impact is indicated.

Small Businesses⁷ Affected.⁸ The proposed amendments do not adversely affect small businesses.

Localities⁹ Affected.¹⁰ The proposed amendments do not introduce costs for localities and do not particularly affect any locality more than others.

Projected Impact on Employment. The proposed changes to the regulatory text would not affect employment.

Effects on the Use and Value of Private Property. No effects on the use and value of private property nor on real estate development costs are expected on account of this proposal to update the regulatory text.

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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 https://townhall.virginia.gov/L/ViewPReview.cfm?PRid=2557.

³ https://legacylis.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0785.

⁴ https://legacylis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0708.

⁵ 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.

⁶ 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.

⁷ 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."

⁸ 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.

⁹ "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.

¹⁰ 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 amendments update language to reflect (i) the 180-day temporary driver's license currently issued by the Virginia Department of Motor Vehicles to students who successfully complete the standardized end-of-course road skills assessment and (ii) the 90-minute parent-student driver education component of the classroom portion of the driver education curriculum as required by § 22.1-205 of the Code of Virginia.

8VAC20-340-10. Driver education program.

A. In accordance with provisions of the National Highway Safety Act of 1966 (23 USC § 401 et seq.) and § 46.2-334 of the Code of Virginia, local school boards shall determine whether to offer a driver education program, and, if offered, whether it will be elective or required. School divisions offering programs that comply with the standardized program of study and regulations established by the Board of Education and the provisions of § 22.1-205 of the Code of Virginia are entitled to participate in the distribution of state funds for driver education.

B. A state-approved driver education program consists of a minimum of 36 periods of classroom instruction and 14 periods of in-car instruction and an additional minimum 90-minute parent-student driver education component as part of the classroom portion of the driver education curriculum. The standardized driver education program established by the Board of Education requires that:

1. Classroom and in-car instruction shall follow the standardized program of study.

2. Local programs shall have the option that classroom driver education may be taught in lieu of 36 class periods of health education or as an elective course.

3. Superintendents and heads of private schools must seek program approval from the Department of Education prior to providing instruction and certify that the proposed program meets all state-approved program requirements.

4. The length of a class period must be a minimum of 50 minutes.

5. Students must drive a minimum of 50 miles during the in-car phase of instruction.

6. In-car instruction must be limited to no more than two periods of instruction in any 24-hour period, of which at least one must be actual driving.

7. No more than four periods of actual driving and four periods of observation on a multiple-car-range can count towards the 14-period in-car requirement.

8. Combination, on-street, simulation, and multiple-car-range programs must provide at least six periods of on-street driving and observation, four periods of multiple-car-range driving and observation, and eight periods of simulation.

9. Only fees approved by the Board of Education shall be collected for the laboratory phase of driver education pursuant to the Appropriation Act.

10. Public or private schools must submit each classroom and in-car driver education teachers' driver teacher's driver's license information for driver record monitoring as required by § 46.2-340 of the Code of Virginia.

11. Local school boards must develop written policies concerning initial or continued employment of classroom and in-car teachers who receive excessive demerit points on their driving record.

12. Public and private schools must provide the Department of Education with the previous year's program data to calculate in-car basic aid reimbursement and to monitor program compliance.

13. Classroom and laboratory phases of the program must be offered concurrently at the same school, or allow only a limited amount of time to elapse between classroom completion and laboratory instruction.

14. Students who have not successfully completed the classroom phase at one school cannot begin in-car instruction at another school.

15. Successful completion of a standardized end-of-course road skills assessment must be achieved prior to the school issuing a 90-day provisional 180-day temporary license.