TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Titles of Regulations: 8VAC20-150. Management of the Student's Scholastic Record in the Public Schools of Virginia (repealing 8VAC20-150-10, 8VAC20-150-20, 8VAC20-150-30).

8VAC20-720. Regulations Governing Local School Boards and School Divisions (amending 8VAC20-720-10; adding 8VAC20-720-220).

Statutory Authority: §§ 22.1-16 and 22.1-289 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: February 11, 2026.

Effective Date: February 26, 2026.

Agency Contact: Jim Chapman, Regulatory and Legal Coordinator, Department of Education, James Monroe Building, 25th Floor, 101 North 14th Street, Richmond, VA 23219, telephone (804) 225-2540, or email jim.chapman@doe.virginia.gov.

Basis: Section 22.1-16 of the Code of Virginia authorizes the State Board of Education to adopt bylaws for its own government and promulgate regulations as may be necessary to carry out its powers and duties and the provisions of Title 22.1 of the Code of Virginia. Section 22.1-288.2 of the Code of Virginia references a disciplinary record as defined in board regulations.

Purpose: This action is essential to protect the health, safety, or welfare of citizens because it streamlines regulations and reduces the number of distinct regulatory chapters subject to a periodic review while maintaining board policy and eliminates overly broad regulatory requirements.

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 policy, but instead moves the underlying regulatory requirements of 8VAC20-150 into a new section of 8VAC20-720 in an abbreviated form.

Substance: Following a periodic review, the amendments repeal 8VAC20-150 and relocate the relevant references to 8VAC20-720 without changing practice or policy.

Issues: The primary advantage to the public and the Commonwealth is that the board's regulatory catalog will be streamlined and easier to navigate, with regulatory requirements affecting local school boards and school divisions housed in the same chapter. 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. Following a periodic review,² the State Board of Education (board) proposes to repeal 8VAC20-150 and move some of the underlying requirements in to 8VAC20-720.

Background. According to the Department of Education (DOE), after a periodic review of regulations to streamline its regulatory catalog, the board determined that 8VAC20-150 does not need to be an independent chapter because the majority of the chapter is a reference to federal law. The board proposes to move references to the relevant state and federal laws in 8VAC20-150 into 8VAC20-720. According to DOE, the proposed changes would mainly repeal unnecessary language in 8VAC20-150 and relocate the relevant references to 8VAC20-720 without causing any change in practice or policy.

Estimated Benefits and Costs. Because the proposed changes are editorial in nature and would not introduce any new requirements or remove any existing requirements, 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.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 mainly clarify regulatory language and therefore is not expected to adversely affect any entity.

Small Businesses⁵ Affected.⁶ The proposed amendments do not adversely affect small businesses.

Localities⁷ Affected.⁸ 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 or on real estate development costs are expected.

_____________________________

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=2555.

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 Economic Impact Analysis: The State Board of Education thanks the Department of Planning and Budget for its thorough economic impact analysis.

Summary:

The amendments repeal Management of the Student's Scholastic Record in the Public Schools of Virginia (8VAC20-150) and (i) move the definition of "disciplinary record" into 8VAC20-720-10 and (ii) replace the requirements previously codified in 8VAC20-150 with an extensive list of cross-references to statutes where the requirements for the management of scholastic records of all students can be found.

8VAC20-720-10. Definitions.

The following words or terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Disciplinary record" means a record that is directly related to a student and any disciplinary action taken against that student for violation of school rules or policies occurring on school property or at school-sponsored events.

"Excused absence" means an absence of an entire assigned instructional school day with a reason acceptable to the school administration that is provided by the parent. If circumstances permit, the parent should provide the school administration with the reason for the nonattendance prior to the absence. Examples of an excused absence may include the following reasons: funeral, illness (including mental health and substance abuse illnesses), injury, legal obligations, medical procedures, suspensions, religious observances, and military obligation. Suspended students continue to remain under the provisions of compulsory school attendance as described in § 22.1-254 of the Code of Virginia. An absence from school attendance resulting from a suspension shall be recorded in compliance with this section for the period of the suspension.

"Instructional school day" means the length of a regularly scheduled school day for an individual student.

"Textbooks" means print or electronic media for student use that serve as the primary curriculum basis for grade-level subject or course.

"Truancy" means the act of accruing one or more unexcused absences.

"Unexcused absence" means an absence where (i) the student misses a scheduled instructional school day in its entirety and (ii) no indication has been received by school personnel within five days of the absence that the student's parent is aware and supports the absence, or the parent provides a reason for the absence that is unacceptable to the school administration. The school administration may change an unexcused absence to an excused absence when it determines that the parent has provided an acceptable reason meeting criteria for the student's absence or there are extenuating circumstances.

8VAC20-720-220. Management of the student's scholastic record in the public schools of Virginia.

Local education agencies shall manage the scholastic records of all students in compliance with applicable law, including the Family Educational Rights and Privacy Act of 1974 (20 USC § 1232g, 34 CFR 99); the Individuals with Disabilities Education Act (20 USC §§ 1400-1485, 34 CFR 300); and §§ 2.2-3800 through 2.2-3809, 16.1-260, 16.1-305.1, 16.1-305.2, 22.1-3.1, 22.1-270, 22.1-271.2, 22.1-287, 22.1-287.01, 22.1-287.1, 22.1-288, 22.1-288.2, 22.1-289, 32.1-36.1, and 42.1-76 through 42.1-90.1 of the Code of Virginia.