TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Titles of Regulations: 8VAC20-580. Regulations for the School Breakfast Program (repealing 8VAC20-580-10 through 8VAC20-580-100).

8VAC20-720. Regulations Governing Local School Boards and School Divisions (adding 8VAC20-720-60).

8VAC20-740. Regulations Governing Nutritional Standards for Competitive Foods Available for Sale in the Public Schools (amending 8VAC20-740-20, 8VAC20-740-35).

Statutory Authority: §§ 22.1-16 and 22.1-207.3 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: January 14, 2026.

Effective Date: January 29, 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 22.1-207.3 of the Code Virginia requires the board to have regulations to implement the school breakfast program.

Purpose: The provisions retained in 8VAC20-720 are necessary for the public health, safety, and welfare because they set needed, relevant standards that ensure that students receive breakfast at school.

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 repeals language that no longer reflects current statutory requirements and streamlines the board's regulatory catalog. This action is not expected to change practice in schools.

Substance: The amendments (i) repeal Regulations for the School Breakfast Program (8VAC20-580); (ii) move all necessary, substantive provisions from 8VAC20-580 to a new section in Regulations Governing Local School Boards and School Divisions (8VAC20-720); and (iii) update cross-references to the repealed chapter.

Issues: The primary advantage to the public and the Commonwealth is that the regulation will be consistent with the current statutory language and provide accurate information to individuals referring to the material. 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. Following a periodic review,[2] the Board of Education (board) proposes to 1) repeal 8 VAC 20-580 (Chapter 580); 2) move some of the underlying requirements in Chapter 580 to 8 VAC 20-720 (Chapter 720); and replace references to Chapter 580 with references to Chapter 720 in 8 VAC 20-740 (Chapter 740).

Background. According to the Department of Education (DOE), in order to streamline its regulatory catalog, the Board proposes to repeal several sections in Chapter 580, as they were made redundant by Chapter 683 of the 2020 Acts of Assembly.[3] Also, the Board proposes to move the remaining sections in Chapter 580 into Chapter 720. Finally, the Board proposes to amend Chapter 740 to replace references to Chapter 580 with references to Chapter 720.

Estimated Benefits and Costs. According to DOE, the proposed changes would mainly update the regulatory language to align it with the Code of Virginia; relocate some of the requirements from one chapter to another; and update references. DOE states that the proposed changes are editorial in nature 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 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=2552.

³ https://legacylis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0683.

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 for the School Breakfast Program (8VAC20-580); (ii) move all necessary, substantive provisions from 8VAC20-580 to a new section in Regulations Governing Local School Boards and School Divisions (8VAC20-720); and (iii) update cross-references to the repealed chapter.

8VAC20-720-60. School Breakfast Program.

A. Local education agencies shall manage the scholastic records of all students in compliance with applicable law, including National School Lunch Program (7 CFR 210); School Breakfast Program (7 CFR 220); Determining Eligibility For Free And Reduced Price Meals And Free Milk In Schools (7 CFR 245); and §§ 22.1-79.7:1, 22.1-207.2:2, and 22.1-207.3 of the Code of Virginia.

B. Public schools are required to participate in the federal funded School Breakfast Program. Each school board shall notify the Department of Education of its plan through the renewal of the "Agreement to Participate." Procedures used to implement the School Breakfast Program for all students in the school must be included in the "Agreement to Participate" and the "Policy Statement for Free and Reduced Price Meals."

C. Each school board shall submit a plan to comply with the provisions of § 22.1-207.3 of the Code of Virginia. Those school boards that include all required schools in the "Agreement to Participate" are deemed to have satisfied this provision.

D. Each school board must submit to the Department of Education the number and socioeconomic characteristics of school-age children eligible for meal benefits under the federal guidelines for any school that does not provide the federally funded National School Lunch Program.

E. A school's food services, including kitchen and dining areas, must meet, at a minimum, all applicable state and federal regulations for meal preparation, service, and food consumption.

F. School breakfast programs will be evaluated for nutritional and financial integrity, accountability, and benefits for students through reviews prescribed by federal regulation and through Department of Education assessments.

G. Complaints received from parents or students or appeals concerning a student's eligibility for meal benefits shall be processed by a school or school board official. If unresolved, appeals by the complainant shall follow the prescribed procedures in the "Policy Statement for Free and Reduced Price Meals."

H. The breakfast program may be provided before the school day begins or during a scheduled morning break. It is recommended that students have a minimum of two hours between breakfast and lunch whenever possible. Students must be provided a minimum of 10 minutes to eat breakfast after the meal is served.

I. All foods that are sold from 6 a.m. until after the close of the last breakfast service period must be of sound nutritional value and contribute significantly to student nutritional needs as identified in current Recommended Dietary Allowances, which can be found at https://ods.od.nih.gov/HealthInformation/nutrientrecommendations.aspx. The income from any food sales during this period shall accrue to the school food service.

8VAC20-740-20. Applicability.

A. This chapter shall apply to all public school divisions, public schools, and public school food authorities (SFAs) in the Commonwealth of Virginia.

B. Unless otherwise provided in this chapter, its provisions shall not apply to beverages.

C. This chapter shall apply to the nutritional content of food items available for sale to students on the school campus of any public school, and other public SFAs such as residential child care institutions, during the school day. It shall apply to:

1. Foods available for sale to students in vending machines.

2. Foods available for sale to students as a la carte items in the school cafeteria.

3. Foods available for sale to students at snack bars and stores operated by the school, a student association, or other school-sponsored organization.

4. Foods available for sale to students at school activities such as fundraisers.

5. Foods available for sale to students by culinary or other educational programs.

D. This chapter shall not apply to the nutritional content of foods:

1. Provided as meals reimbursed under programs authorized by the Richard B. Russell National School Lunch Act (42 USC § 1751 et seq.) and the Child Nutrition Act of 1966 (42 USC § 1771 et seq.).

2. Available for sale at snack bars, concession stands, or athletic events after the school day.

3. Available for sale either during intermission or immediately before or after athletics events scheduled after the school day.

4. Available for sale for school-related fundraising activities that take place off the school campus or for exempt fundraisers as outlined in 8VAC20-740-35.

5. Available for sale during activities that take place after the school day, such as clubs, yearbook, band and choir practice, student government, drama, sports practices, interscholastic sporting events, school plays, and band concerts.

6. Available for sale to adults only in areas not accessible to students.

E. The requirements of this chapter supplement 8VAC20-290 and 8VAC20-580 8VAC20-720-60, which remain in effect.

8VAC20-740-35. Exemption to the nutrition standards for school-sponsored fundraisers.

A. Each public school shall be permitted to conduct, on the school campus during regular school hours, no more than 30 school-sponsored fundraisers per school year during which food or beverages that do not meet the nutrition standards in this chapter or in the U.S. Department of Agriculture's regulations may be sold to students. School divisions are not required to allow exemptions to the nutrition standards in this chapter for school-sponsored fundraisers and may implement more restrictive guidelines as part of the local wellness policy requirements outlined in 8VAC20-740-40 A.

B. One fundraiser is defined as one or more fundraising activities that last one school day. If multiple school-sponsored organizations conduct fundraisers on the same day, the combined activities shall be counted as one fundraiser. If a fundraising activity lasts more than one school day, each subsequent day's activity shall be considered as one fundraiser and shall count toward the 30 exempt fundraisers total per year.

C. Any fundraiser that sells food or beverages, whether the items meet the nutrition standards or are exempt from the nutrition standards in this chapter, may not be conducted during school meal service times. Pursuant to the Regulations Governing School Lunch Sale of Food Items (8VAC20-290) and the Regulations for the School Breakfast Program (8VAC20-580 8VAC20-720-60), any no food or beverage item cannot may be sold in competition with the National School Lunch Program and School Breakfast Program from 6 a.m. until after the close of the last breakfast period and from the beginning of the first lunch period to the end of the last lunch period. Pursuant to 8VAC20-290 and 8VAC20-580 8VAC20-720-60, the income from any food or beverage sold to students during these times shall accrue to the nonprofit School Nutrition Program account.

D. An exemption is not required for nonfood fundraisers or for fundraisers that sell food or beverage items that meet the nutrition standards in this chapter.

FORMS (8VAC20-740)

Policy Statement for Providing Free and Reduced-Price Meals to Students, web form (eff. 1/2026)

Permanent Agreement to Participate in the School Nutrition Program, web form (eff. 1/2026)