TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Titles of Regulations: 8VAC20-420. Regulations Governing Personnel in Public School Libraries Operated under Joint Contract under Control of Local School Board or Boards (repealing 8VAC20-420-10).

8VAC20-720. Regulations Governing Local School Boards and School Divisions (adding 8VAC20-720-210).

Statutory Authority: § 22.1-16 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, 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.

Purpose: The underlying policy is essential to protect the health, safety, and welfare of citizens because it requires all persons employed in any public school library or any library operated under joint contract between a school board and the trustees of a county or regional library system to be under the direction, supervision, and control of the local school board.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because there is no change in board policy. The substantive requirements currently in 8VAC20-420 will be retained in a new section of 8VAC20-720.

Substance: The amendments (i) repeal Regulations Governing Personnel in Public School Libraries Operated under Joint Contract under Control of Local School Board or Boards (8VAC20-420) and (ii) add the essential provision of 8VAC20-420 as a new section, 8VAC20-720-210.

Issues: The primary advantage to the public is that regulations directed at school divisions will be consolidated into a single chapter. The primary advantage to the Commonwealth is that the action promotes ease-of-use and clarity. 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 (board) proposes to repeal the Regulations Governing Personnel in Public School Libraries Operated under Joint Contract under Control of Local School Board or Boards (8VAC20-420), which consists of one sentence, and move its content into the Regulations Governing Local School Boards and School Divisions (8VAC20-720).

Background. Regulations Governing Personnel in Public School Libraries Operated under Joint Contract under Control of Local School Board or Boards (8VAC20-420) in its entirety consists of the following: All such persons employed in any public school library or any library operated under joint contract between a school board or boards and the trustees of a county or regional library system shall be under the direction, supervision, and control of the local school board or boards.

Estimated Benefits and Costs. Moving the sentence has no impact on requirements. It is potentially moderately beneficial if there are future readers of Regulations Governing Local School Boards and School Divisions (8VAC20-720) who become aware of the requirement with it in 8VAC20-720 who otherwise would not have been aware.

Businesses and Other Entities Affected. The requirement 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 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 (i) repeal Regulations Governing Personnel in Public School Libraries Operated under Joint Contract under Control of Local School Board or Boards (8VAC20-420) and (ii) add the essential provision of 8VAC20-420 as a new section, 8VAC20-720-210.

8VAC20-720-210. Library personnel.

All persons employed in any public school library or any library operated under joint contract between a school board and the trustees of a county or regional library system shall be under the direction, supervision, and control of the local school board.