TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Titles of Regulations: 8VAC20-620. Regulations Regarding School Guidance and Counseling Programs in the Public Schools of Virginia (repealing 8VAC20-620-10).

8VAC20-720. Regulations Governing Local School Boards and School Divisions (adding 8VAC20-720-50).

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

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 31, 2025.

Effective Date: January 15, 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.

Purpose: This action is essential to protect the health, safety, or welfare of citizens because it (i) amends the language to match language used in statute, which better reflects the role and scope of responsibilities of school counselors, and (ii) streamlines the board's regulatory catalog.

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 aligns terminology with statute.

Substance: The amendments (i) repeal Regulations Regarding School Guidance and Counseling Programs in the Public Schools of Virginia (8VAC20-620); (ii) move the provisions of 8VAC20-620 to a new section in Regulations Governing Local School Boards and School Divisions (8VAC20-720), 8VAC20-720-50; and (iii) replace references to "guidance" with references to "counseling" pursuant to Chapter 139 of the 2019 Acts of Assembly.

Issues: The primary advantage to the public and the Commonwealth is that the regulation will use language consistent with statute and accurately reflect the role of a school counselor. There are no disadvantages to the Commonwealth or public.

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. Following a 2025 periodic review,² the State Board of Education (board) proposes to move the underlying requirements in 8VAC20-620 to 8VAC20-720. Additionally, the board proposes to update terminology as a result of Chapter 139 of the 2019 Acts of Assembly.³

Background. According to the Department of Education (DOE), there is no reason for 8VAC20-620 (which consists of a single section) to be a standalone regulation. In addition, DOE states that Chapter 139 changed the terminology used from guidance counselor to school counselor. In this action, the Board proposes to move the regulatory requirements from 8VAC20-620 to 8VAC20-720 and simultaneously update the language to reflect the terminology change from guidance counselor to school counselor.

Estimated Benefits and Costs. According to DOE, the proposed changes would mainly relocate requirements from one chapter to another; align the regulatory language with Chapter 139; and would not introduce any new requirements. Consequently, no significant economic impact is expected other than clarifying the regulatory text for the readers of the regulation.

Businesses and Other Entities Affected. Although the proposed changes would not directly affect any entity, according to DOE, the regulation applies to 132 school divisions in the Commonwealth with a total enrollment of approximately 1.3 million as of the 2024-2025 school year. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ 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.⁵ As noted above, the proposal would mainly clarify regulatory language and therefore is not expected to adversely affect any entity.

Small Businesses⁶ Affected.⁷ The proposed amendments do not adversely affect small businesses.

Localities⁸ Affected.⁹ The proposed regulatory amendments do not introduce costs for localities, nor do they affect any locality more than others.

Projected Impact on Employment. The proposed amendments do not affect total 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.

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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=2574.

³ https://legacylis.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0139.

⁴ 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.

⁵ 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.

⁶ 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."

⁷ 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.

⁸ "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.

⁹ 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 concerning this action.

Summary:

The amendments (i) repeal Regulations Regarding School Guidance and Counseling Programs in the Public Schools of Virginia (8VAC20-620); (ii) move the provisions of 8VAC20-620 to a new section in Regulations Governing Local School Boards and School Divisions (8VAC20-720), 8VAC20-720-50; and (iii) replace references to "guidance" with references to "counseling" pursuant to Chapter 139 of the 2019 Acts of Assembly.

8VAC20-720-50. School counseling services.

A. Pursuant to the Standards of Quality, each school shall make the following guidance and counseling services reasonably available, with all available resources, to all students:

1. Academic counseling that assists students and parents in acquiring knowledge of the curricula choices available to students, planning a program of studies, arranging and interpreting academic testing, and seeking postsecondary academic opportunities;

2. Career counseling that helps students acquire information and plan action about work, jobs, apprenticeships, and postsecondary educational and career opportunities;

3. Personal or social counseling that assists a student to develop self-understanding, the rights and needs of others, how to resolve conflict, and how to define individual goals that reflect the student's interests, abilities, and aptitudes. This counseling may be provided either (i) in groups (e.g., all fifth graders) in which generic issues of social development are addressed or (ii) through structured individual or small group multi-session counseling that focuses on the specific concerns of the participant (e.g., divorce, abuse, or aggressive behavior).

B. No student shall be required to participate in any counseling program to which the student's parent objects.

C. On or before July 1, 1996, each local school board in Virginia shall adopt a policy, consistent with subdivisions A and B of this section, concerning school guidance and counseling programs in the schools under the local school board's jurisdiction. At a minimum, each local school board policy shall contain the following:

1. A provision for written notification, at least annually, to parents about the academic and career guidance and personal or social counseling programs available to the child. The notification shall include the purpose and general description of the programs, information regarding ways the parent may review materials to be used in guidance and counseling programs at the child's school, and information about the procedures by which the parent may limit the child's participation in such programs.

2. A provision prohibiting the use of counseling techniques that are beyond the scope of the professional certification or training of counselors, including hypnosis or other psychotherapeutic techniques that are normally employed in medical or clinical settings and focus on mental illness or psychopathology.

3. A provision requiring that information and records of personal or social counseling be kept confidential and separate from a student's educational records and not disclosed to third parties without prior parental consent or as otherwise provided by law.

4. A provision with respect to personal or social counseling setting forth either (i) the procedures by which a parent can elect in writing to have the child not participate ("opt-out") or (ii) at the option of the local school board, if the local school board determines that affirmative parental consent is required to participate in such counseling ("opt-in"), the procedures by which such affirmative consent may be given and withdrawn. In issuing this policy, the local school board may distinguish between group and individual or small group counseling as defined in subdivision A 3 of this section. In no event shall a local board require affirmative parental consent for short duration personal or social counseling that is needed to maintain order, discipline, or a productive learning environment.

5. In the event that the local school board elects to require affirmative parental consent under subdivision 4 of this subsection, a provision setting forth the procedures, if any, under which school officials may permit personal or social counseling for children whom the officials believe would benefit from such counseling, but whose parents fail to respond either affirmatively or negatively to reasonable requests for consent.

6. Such other provisions as the local school board may deem appropriate.

D. Before adopting the policy described in subsection C of this section or any amendment to this policy, each local school board shall provide for public participation and comment.