Title of Regulation: 8VAC20-640. Regulations Governing Substitute Teachers (repealing 8VAC20-640-10).

Statutory Authority: §§ 22.1-16 and 22.1-30 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: February 12, 2014.

Effective Date: February 27, 2014.

Agency Contact: Anne Wescott, Assistant Superintendent for Policy and Communications, Department of Education, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225-2403, or email anne.wescott@doe.virginia.gov.

Basis: Section 22.1-16 of the Code of Virginia provides the general authority for the Board of Education to 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.

Chapter 644 of the 2013 Acts of Assembly removes the requirement that the Board of Education promulgate regulations concerning temporarily employed teachers.

Purpose: The Governor's 2012 Regulatory Reform Initiative was established to repeal regulations that are unnecessary or no longer in use; reduce unnecessary regulatory burdens on individuals, businesses, and other regulated groups; and identify statutes that require unnecessary or overly burdensome regulations. Repealing this regulation is necessary to comport with the Governor's 2012 Regulatory Reform Initiative. Repealing this regulation will have no impact on the public health, safety, or welfare.

Rationale for Using Fast-Track Process: Repeal of the regulation is not expected to be controversial because Chapter 644 of the 2013 Acts of Assembly passed the General Assembly unanimously, and there was no opposition from any of the education organizations or other entities during the General Assembly discussion of the bill. The regulations simply duplicate the provisions already in the Code of Virginia.

Substance: The amendments repeal regulations that duplicate provisions of the Code of Virginia.

Issues: The advantage of repealing these regulations is that such action would eliminate unnecessary regulations. There are no disadvantages.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Education (Board) proposes to repeal these regulations.

Result of Analysis. Repealing these regulations will have no economic impact.

Estimated Economic Impact. The regulations in their entirety state that substitute teachers must: 1) be a minimum of 18 years of age (21 years of age preferred), 2) possess good moral character, 3) have earned a high school diploma or GED, and 4) attend orientation to school policies and procedures conducted by the local school division. The minimum age and high school diploma/GED requirements are explicitly stated in Virginia Code § 22.1-302, while the moral character and orientation requirements are not. Thus by eliminating the regulations, the Board is eliminating requirements that substitute teachers "possess good moral character" and "attend orientation to school policies and procedures conducted by the local school division." The Department of Education does not expect this to have any practical impact, as most school divisions have historically had more stringent standards than what was contained within the regulation.

Businesses and Entities Affected. These regulations concern the 132 public school divisions in the Commonwealth.

Localities Particularly Affected. Repealing these regulations does not disproportionately affect particular localities.

Projected Impact on Employment. Repealing these regulations will not affect employment.

Effects on the Use and Value of Private Property. Repealing these regulations will not affect the use and value of private property.

Small Businesses: Costs and Other Effects. Repealing these regulations will not affect small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. Repealing these regulations will not affect small businesses.

Real Estate Development Costs. Repealing these regulations will not affect real estate development costs.

Legal Mandate. 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 Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to Economic Impact Analysis: The State Board of Education concurs with the economic impact analysis completed by the Department of Planning and Budget.

Summary:

Chapter 644 of the 2013 Acts of Assembly removed the mandate that the Board of Education promulgate regulations concerning temporarily employed teachers. This action repeals the associated regulations as unnecessary.