TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Titles of Regulations: 8VAC20-250. Regulations Governing the Testing of Sight and Hearing of Pupils (repealing 8VAC20-250-10).

8VAC20-690. Regulations for Scoliosis Screening Program (repealing 8VAC20-690-10, 8VAC20-690-20, 8VAC20-690-30, 8VAC20-690-40, 8VAC20-690-50).

8VAC20-720. Regulations Governing Local School Boards and School Divisions (adding 8VAC20-720-40).

Statutory Authority: §§ 22.1-16, 22.1-273, and 22.1-273.1 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 such 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 22.1-273 of the Code of Virginia specifically requires that the board promulgate regulations that provide for the testing of vision and hearing of students within the criteria described in the statute. Section 22.1-273.1 of the Code of Virginia requires that the board promulgate regulations for the implementation of scoliosis screenings in the Commonwealth's public schools.

Purpose: This action is essential to protect the health, safety, or welfare of citizens because it condenses distinct chapters that are relevant to the same end users into one section within 8VAC20-720, which will better enable regulated parties to find and refer back to relevant subject matter.

Rationale for Using Fast-Track Rulemaking Process: This action is expecting to be noncontroversial and therefore appropriate for the fast-track rulemaking process because it does not change the underlying requirements of the repealed chapters, but instead moves the requirements to a new section.

Substance: The amendments repeal Regulations Governing the Testing of Sight and Hearing of Pupils (8VAC20-250) and Regulations for Scoliosis Screening Program (8VAC20-690) and add the underlying requirements of both chapters to a new section of Regulations Governing Local School Boards and School Divisions (8VAC20-720).

Issues: The primary advantages to the public and Commonwealth are that language used by similar or the same parties will be situated together and there will be fewer distinct chapters in the board's regulatory catalogue. 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. The Board of Education (board) proposes to repeal the Regulations Governing the Testing of Sight and Hearing of Pupils (8VAC20-250) and Regulations for Scoliosis Screening Program (8VAC20-690) and add their contents to a new section in Regulations Governing Local School Boards and School Divisions (8VAC20-720).

Background. Regulations Governing the Testing of Sight and Hearing of Pupils consists of one section, 8VAC20-250-10, that is entitled "Testing of sight and hearing; monitoring." The text in its entirety is as follows: The principal of each public elementary and secondary school shall cause the vision and hearing of students enrolled in (i) kindergarten, (ii) grade two or three, (iii) grade seven, and (iv) grade 10 to be screened subject to the conditions and exceptions as established in § 22.1-273 of the Code of Virginia. The vision and hearing screen of students shall be scheduled within the first 60 administrative working days of the school year. Whenever a student is found to have any defect of vision or hearing or a disease of the eyes or ears, the principal shall notify the parent or guardian in writing of such defect or disease. This screening of students will be monitored through the department's annual data collection process. Regulations for Scoliosis Screening Program has the following five sections: 8VAC20-690-10, 8VAC20-690-20, 8VAC20-690-30, 8VAC20-690-40, and 8VAC20-690-50. In the Regulations Governing Local School Boards and School Divisions, the board proposes a new section 8VAC20-720-40 to be titled "Health screening programs." All of the text currently in the Regulations Governing the Testing of Sight and Hearing of Pupils and Regulations for Scoliosis Screening Program would be placed in 8VAC20-720-40.

Estimated Benefits and Costs. Moving the contents of 8VAC20-250 and 8VAC20-690 into 8VAC20-720 has no impact on requirements. It is potentially moderately beneficial if there are future readers of Regulations Governing Local School Boards and School Divisions (8VAC20-720) who become aware of the provisions currently within 8VAC20-250 and 8VAC20-690 who otherwise would not have been aware.

Businesses and Other Entities Affected. The requirements pertain to the 131 school divisions in the Commonwealth and their staff, students and parents of students. Some readers of regulations may also be affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² 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.³ As the proposal neither increases cost nor reduces benefit, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposal does not adversely affect small businesses.

Localities⁶ Affected.⁷ 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 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.

³ 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.

⁴ 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."

⁵ 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.

⁶ "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.

⁷ 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 (i) repeal Regulations Governing the Testing of Sight and Hearing of Pupils (8VAC20-250) and Regulations for Scoliosis Screening Program (8VAC20-690) and (ii) add the underlying requirements of both chapters to a new section of Regulations Governing Local School Boards and School Divisions (8VAC20-720).

8VAC20-720-40. Health screening programs.

A. Testing of sight and hearing; monitoring. The principal of each public elementary and secondary school shall cause the vision and hearing of students enrolled in (i) kindergarten, (ii) grade two or three, (iii) grade seven, and (iv) grade 10 to be screened subject to the conditions and exceptions as established in § 22.1-273 of the Code of Virginia. The vision and hearing screen of students shall be scheduled within the first 60 administrative working days of the school year. Whenever a student is found to have any defect of vision or hearing or a disease of the eyes or ears, the principal shall notify the parent or guardian in writing of such defect or disease. This screening of students will be monitored through the department's annual data collection process

B. Definitions. The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise:

"Forward bend test" means a procedure to assess the possible presence of abnormal spinal curvature.

"Scoliometer" means a device for measuring the amount of abnormal curvature in the spine.

"Scoliosis" means a lateral or sideways curvature of the spine, generally associated with the rotation of the spine and rib cage.

"Scoliosis screening" means a postural screening process of assessment and evaluation used to identify students with spinal deviations at an early stage of development and to refer students for a medical evaluation. Early detection and intervention may prevent further structural deformity and resulting secondary problems.

C. Scoliosis screening program.

1. Each school board shall implement a scoliosis program that shall consist of the provision of parent educational information on scoliosis for students in grades five through 10 or the implementation of a program of regular screening for scoliosis for students in grades five through 10. School boards shall not impose a fee for any scoliosis program implemented.

2. School boards shall not be required to screen students in grades five through 10 who have been admitted for the first time to a public school and who have been tested for scoliosis as part of the comprehensive physical examination required by § 22.1-270 of the Code of Virginia or those students whose parents have indicated their preference that their children not participate in scoliosis screening.

3. Each school board shall review and adhere to the federal Family Educational Rights and Privacy Act (20 USC § 1232g; 34 CFR Part 99) and the Protection of Pupil Rights Act (20 USC § 1232h; 34 CFR Part 98) in the development and implementation of a regular scoliosis screening program.

D. Parent educational information.

1. School boards implementing a scoliosis program consisting of the provision of parent educational information on scoliosis shall provide such information to the parents of students in grades five through 10 within 60 business days after the opening of school each year.

2. Parent educational information on scoliosis shall include (i) a definition of scoliosis, (ii) a description of how scoliosis is identified, (iii) a statement describing why it is important to screen for the condition, (iv) a description of the types of screening procedures, (v) a description of potential treatments for the condition, and (vi) information on where screening may be obtained.

E. Regular scoliosis screening.

1. School boards implementing a scoliosis program of regularly screening students in grades five through 10 shall provide written notice to parents a minimum of 10 business days prior to screening.

2. The written notice shall contain (i) information indicating when the screening will occur, (ii) the purpose of screening that shall include the parent educational information described in subsection D of this section, (iii) a procedure for notifying parents of students who are identified as having a possible spinal curvature, and (iv) a procedure for parents to opt out of the screening.

3. School boards implementing a scoliosis program of regular screening shall screen each student in selected grades five through 10 a minimum of two times during the six-year period, except for those students entering the school division for the first time during the grade 10 year, who shall be screened once.

4. Parent educational information as required by subsection D of this section shall be provided to parents of students in selected grades five through 10 who are not screened.

F. Training required for personnel and volunteers.

1. School boards implementing a scoliosis program of regular screening shall provide training for school personnel and volunteers who may conduct the screening. School boards may seek volunteers from among professional health care providers to provide training, to perform screenings, or both. School boards using volunteers shall comply with all requirements of the Family Educational Rights and Privacy Act (20 USC § 1232g; 34 CFR Part 99) and the Protection of Pupil Rights Act (20 USC § 1232h; 34 CFR Part 98) in maintaining the confidentiality of student records.

2. Training of school personnel and volunteers shall be conducted by qualified licensed medical practitioners. Practitioners may use various training methods, including in-person training, video instruction, or review of a training manual.

3. Practitioners shall provide training in medically accepted scoliosis screening procedures, including the use of the forward bend test or use of a scoliometer, to school personnel and volunteers.