TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Title of Regulation: 8VAC20-340. Regulations Governing Driver Education (amending 8VAC20-340-40).

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 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. Section 22.1-205 of the Code of the Virginia requires the board to approve correspondence courses for the classroom training component of driver education.

Purpose: This action is essential to the public health, safety, and welfare because it ensures that the public is referencing the most up-to-date information available.

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, but instead refers back to underlying statute.

Substance: The action removes a Document Incorporated by Reference, Curriculum and Administrative Guide for Driver Education in Virginia, and replaces a reference to the guide with a reference to statutory requirements.

Issues: The primary advantage to the public is clarity regarding the most up-to-date material relevant to instructional programs for driver education provided by the Department of Education. The primary advantage to the agency is that users will be aware that they should refer to the most up-to-date material available. There are no disadvantages to the public or Commonwealth from the proposed regulatory change.

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 obsolete documents incorporated by reference (DIBRs) pertaining to driver education correspondence courses that address program administration, classroom modules, and a resource list.

Background. This regulation sets out rules for approval of correspondence courses for driver education. In addition to the main regulatory text, the regulation includes several DIBRs: one DIBR addressing program administration, eleven DIBRs for classroom modules, and one for a resource list. Per the regulations of the Virginia Code Commission, the material in a DIBR becomes the text of the regulation and an enforceable part of the regulation (1VAC7-10-140). However, according to the Department of Education (DOE), the use of DIBRs is more prescriptive than the Code requires. Specifically, § 22.1-205 F of the Code of Virginia states that the "correspondence courses shall be consistent in quality with instructional programs developed by the Board for classroom training in the public schools." According to the agency, this mandate is currently met by the 2022 version of the Driver Education Standards of Learning (SOL) for Virginia Public Schools² which the agency has been enforcing in practice in lieu of using the DIBRs in this regulation. (The agency adds that the Driver Education SOL may be supplemented by other documents that update the SOL or add content, as may be required by federal or state statute from time to time. This is a regular practice because the SOL are on a seven-year review cycle.) Accordingly, the Driver Education SOL may not, on its own, constitute the instructional programs developed by the board. In addition, DOE states that repealing the DIBRs will remove a restriction, noting that the time requirement of § 22.1-205 F allows correspondence courses to be innovative, and that correspondence courses are allowed to surpass the quality of the instructional programs developed by the board. The repeal will therefore allow innovation to occur, consistent with statute, that cannot occur if the DIBRs are in effect. Thus, in this action the board proposes to repeal the DIBRs that are not enforced in practice and are more restrictive than the statutory directive.

Estimated Benefits and Costs. The proposal to repeal DIBRs should not create any significant economic impact other than avoiding potential confusion for the readers of the regulation since they have not been enforced in practice.

Businesses and Other Entities Affected. According to DOE, there are eight approved correspondence courses, with one application currently under review. No correspondence course appears to be disproportionately affected. 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 The proposal would not increase costs or reduce revenues of regulated entities. Thus, no adverse impact is indicated.

Small Businesses⁵ Affected.⁶ The proposed repeal of DIBRs does not adversely affect small businesses.

Localities⁷ Affected.⁸ The proposal does not introduce costs for localities, nor does it disproportionately affect any locality.

Projected Impact on Employment. No impact on employment is expected.

Effects on the Use and Value of Private Property. No impact on the use and value of private property nor on real estate development costs is 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://www.doe.virginia.gov/teaching-learning-assessment/instruction/driver-education.

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 concerning this action.

Summary:

The amendments (i) remove Curriculum and Administrative Guide for Driver Education in Virginia, a document incorporated by reference into the regulation and (ii) replace a reference to the guide with a reference to statutory requirements.

8VAC20-340-40. Approval of correspondence courses for driver education.

A. Required submissions. Schools seeking approval to offer the classroom portion of a driver education program to school-age children through a correspondence program or course in Virginia shall submit the following:

1. A signed and completed copy of the department's affidavit form.

2. A catalog or other documents containing the following information:

a. A statement of ownership or control of the institution;

b. Descriptions of the driver education courses offered by the institution;

c. A description of the method used to evaluate the students' student work;

d. A schedule of tuition and fees, including the school's refund policies; and

e. Copies of all application forms and enrollment agreements used by the school.

3. Verification of approval or exemption from regular oversight from the appropriate state or local government agency in the school's state of domicile.

4. Information regarding the school's accreditation status.

5. The name and publisher of the textbook required.

6. An estimate of the minimum amount of time (in hours) required to complete the course.

7. Such additional information as the board or department may deem necessary.

B. All schools must evaluate the students' student work at regular intervals specified by the department and maintain a permanent record of the work.

C. Each school meeting the criteria listed in this section is required to submit the required materials for review every year concurrent with the renewal affidavit.

D. Approval criteria. Driver education courses offered by schools submitting the materials required by this section shall be approved when the following criteria have been met:

1. The school is, in fact, a correspondence school as defined in 8VAC20-340-5;

2. The courses offered are consistent with state or federal laws or regulations, including § 22.1-205 F of the Code of Virginia; and

3. The school evaluates the students' student progress at regular intervals specified by the department and maintains a permanent record of that work; and

4. The content of each course is accurate and rigorous and meets the requirements of the Curriculum and Administrative Guide for Driver Education in Virginia, 2010 edition, which includes the Driver Education Standards of Learning.

The school must provide evidence that at least two subject matter experts have reviewed and validated the accuracy of online content and textbook materials.

E. An application shall be complete when all required information has been submitted in the form required by the department. If the department, on behalf of the board, determines the application to be incomplete, the department shall notify the applicant of the insufficiencies in writing within 45 days of receipt of the incomplete application. The applicant must submit the required items to complete the application, to be received by the department within 45 days from the notification. If the application is not completed within the 45-day period, the case file for the request for approval as a provider will be closed. At any time prior to closure, the applicant may withdraw the request for approval. The applicant may submit a new application at any time.

F. Approval, denial, and revocation.

1. The department, on behalf of the board, shall notify applicants in writing when an application is approved.

2. Applications that do not meet the criteria required by subsections A, B, and D of this section shall be denied. The department shall notify applicants in writing of the denial, stating the reasons the application was denied and including the applicant's right to request the board to reconsider the application, pursuant to subsection G of this section.

3. An approved application may be revoked for good cause, which includes, but is not limited to, the conviction of the applicant, or any employee thereof, of (i) any felony or (ii) any offense involving the sexual molestation, physical or sexual abuse, or rape of a child.

G. Reconsideration by the Board of Education when an application is denied or when approval is revoked. A school whose application has been denied or whose approval has been revoked for good cause may request reconsideration by letter to the board. The letter of request shall include the reasons that the school believes the denial or revocation was inappropriate and shall document how it the school has corrected any insufficiency identified in the letter of denial or revocation. The board's decision on reconsideration shall be final on that application; however, a denial of reconsideration shall not prevent the school from submitting a new application at a later time.

H. Determination of continued compliance. Approval of the academic courses shall be renewed annually on or before August 1, provided that the school verifies that it continues to meet the requirements of this section. Forms for this purpose shall be provided by the department.

I. Disclaimer. The Board of Education's approval of a correspondence course is not an endorsement of the program as a substitute for public school programs nor is it an endorsement of the educational or operational philosophy of the school. Additionally, the approval of courses is not intended as an endorsement of the quality of the courses nor is it a conclusion that these courses meet the educational needs of the student or the assessment required by § 22.1-254.1 of the Code of Virginia.

Parents who choose to educate their children at home through a driver education correspondence course are directly responsible for the educational progress of their those children and the adequacy of instruction. The board assumes no liability for damages or financial loss to parents using any of the approved driver education correspondence courses.

J. Restrictions. No school whose courses are approved as a driver education program shall advertise in any way that the courses have the endorsement, recommendation, accreditation, or recognition, or any other similar term, of the board, the department, or the Commonwealth of Virginia.

K. Transmitting the affidavit, documents, and other materials. The affidavit, related letters, forms, and other required application materials must be submitted to the Division of Instruction at the Virginia Department of Education by email to the Driver Education Specialist, whose contact information may be found at http://www.doe.virginia.gov/directories/index.shtml#vdoe.

DOCUMENTS INCORPORATED BY REFERENCE (8VAC20-340)

Curriculum and Administrative Guide for Driver Education in Virginia, 2010 Edition (includes Driver Education Standards of Learning, revised January 2008), Virginia Department of Education

Program Administration

Module One – Virginia Driver Responsibilities: Licensing Responsibilities

Module Two – Virginia Driver Responsibilities: Preparing to Operate a Vehicle

Module Three – Basic Maneuvering Tasks: Low Risk Environment

Module Four – Basic Maneuvering Tasks: Moderate Risk Driving Environment

Module Five – Information Processing: Moderate Risk Driving Environment

Module Six – Information Processing: Complex Risk Environments

Module Seven – Driver Performance: Personal Factors

Module Eight – Driver Responsibilities: Adverse Conditions

Module Nine – Driver Responsibilities: Vehicle Functions

Module Ten – Driver Responsibilities: Making Informed Choices

Module Eleven – Laboratory Instruction – Behind-the-Wheel and In-Car Observation

Resource List

No document is currently incorporated by reference into this regulation.