TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Titles of Regulations: 8VAC20-310. Rules Governing Instructions Concerning Drugs and Substance Abuse (repealing 8VAC20-310-10).

8VAC20-720. Regulations Governing Local School Boards and School Divisions (adding 8VAC20-720-200).

Statutory Authority: §§ 22.1-16 and 22.1-206 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 22.1-206 of the Code of the Virginia requires the board to prescribe the instruction concerning drugs and drug abuse to be provided by the public schools.

Purpose: This action is essential to protect the health, safety, and welfare of citizens because it updates the language to reflect current practice and clarifies the purpose and scope of drug and substance abuse programs in public schools. Additionally, the action places material relevant to local school boards and school divisions in the same chapter, which enhances clarity and ease-of-use.

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 does not change underlying board policy; it moves provisions from 8VAC20-310 to 8VAC20-720 and updates language to eliminate unnecessary provisions, enhance clarity, and use terminology that is current among practitioners.

Substance: The amendments (i) repeal Rules Governing Instructions Concerning Drugs and Substance Abuse (8VAC20-310) and (ii) move essential provisions into a new section, 8VAC20-720-200.

Issues: The primary advantages to the public are that the action (i) consolidates 8VAC20-310 with 8VAC20-720, which will allow the regulated community, government officials, and the public to identify pertinent and related regulatory matters and (ii) replaces outdated terminology with updated terms and adds language that clarifies the scope and purpose of the text. The primary advantage to the Commonwealth and agency is that the action streamlines and enhances the ease-of-use of the requirements relevant to local school boards and divisions. Additionally, the regulatory change removes potentially confusing language and outdated terminology in favor of current terms used by practitioners. There are no disadvantages.

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 review,² the State Board of Education (board) is proposing to repeal the Rules Governing Instructions Concerning Drugs and Substance Abuse (8VAC20-310) in its entirety and move its contents to the Regulations Governing Local School Boards and School Divisions (8VAC20-720). Although the language would be amended to enhance clarity and update the terminology, the regulatory requirements would not be changed.

Background. The Rules Governing Instructions Concerning Drugs and Substance Abuse (8VAC20-310) currently consists of one section about one-half page in length, titled Health education program, that has six requirements for public schools of the Commonwealth. These requirements are described in broad terms, rather than naming specific topic areas or establishing a required number of hours of instruction. For example, the requirements include, establish and maintain a realistic, meaningful substance abuse prevention and education program that shall be developed and incorporated in the total education program and create a climate whereby students may seek and receive counseling about substance abuse and related programs without fear of reprisal. The board reports that this regulation has not been amended since it was first promulgated in 1980. The board proposes moving these requirements to a new section in the Regulations Governing Local School Boards and School Divisions (8VAC20-720). The new section would be titled, Drug and Substance Abuse Program and have five broad requirements. The current requirement that public schools shall, Be concerned with education and prevention in all areas of substance use and abuse was considered vague and unnecessary, and would therefore be removed. All other requirements would be preserved with stylistic changes for greater clarity and updated terminology that reflects current practice. For example, the requirement mentioned previously to, establish and maintain a realistic, meaningful substance abuse prevention and education program would now be expressed as, develop and integrate a practical, impactful substance misuse prevention and education program throughout the health education instruction. It should be noted that the proposed language does not add any specific requirements in terms of topic areas or hours of instruction. The Department of Education has confirmed that the proposed changes would not have any practical impact on instruction or programming in public schools.

Estimated Benefits and Costs. Moving this section to 8VAC20-720 is not expected to have any practical impact on schools, staff, or students and families. Future readers of 8VAC20-720 may benefit if the proposed changes inform them of the requirements for drug and substance abuse programs in public schools to the extent that they would not otherwise have become aware of such requirements.

Businesses and Other Entities Affected. The requirement pertains to the 131 school divisions in the Commonwealth. The proposal would not have any disproportional impact on any entity. 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 the proposal neither increases cost nor reduces benefit, no adverse impact is indicated.

Small Businesses⁵ Affected.⁶ The proposal does not adversely affect small businesses.

Localities⁷ Affected.⁸ 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 See https://townhall.virginia.gov/L/ViewPReview.cfm?PRid=2526..

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 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 Rules Governing Instructions Concerning Drugs and Substance Abuse (8VAC20-310) and (ii) move essential provisions into a new section, 8VAC20-720-200.

8VAC20-720-200. Drug and substance abuse program.

Public schools of the Commonwealth shall:

1. Develop and integrate a practical, impactful substance misuse prevention and education program throughout the health education instruction.

2. Implement professional development on substance misuse prevention for all staff members.

3. Collaborate with authorized governmental and private organizations dedicated to student health and substance misuse prevention.

4. Foster and support student-led initiatives and groups that promote positive peer influence in substance misuse prevention.

5. Create a positive climate whereby students may seek and receive counseling about substance abuse and related problems.