Vol. 30 Iss. 10 - January 13, 2014

Chapter 700
Fast-Track Regulation

Title of Regulation: 8VAC20-700. Regulations for Conducting Division-Level Academic Reviews (repealing 8VAC20-700-10 through 8VAC20-700-50).

Statutory Authority: § 22.1-16 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

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.

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 Regulatory Reform Initiative. Repealing these regulations will have no impact on public health, safety, or welfare.

Rationale for Using Fast-Track Process: Repeal of the regulation is not expected to be controversial. The Department of Education has determined that the regulations duplicate provisions in guidance documents and are not needed.

Substance: The amendments repeal regulations pertaining to conducting division-level academic reviews.

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. House Bill 1294 of the 2004 Virginia General Assembly amended Code of Virginia § 22.1-253.13:3 to allow the Board to conduct division-level academic reviews when the failure of schools within a division to achieve full accreditation status is related to division-level failure to implement the Standards of Quality. The bill also instructed the Board to promulgate regulations to implement the provisions of the act.

Senate Bill 1201 of the 2013 Virginia General Assembly eliminated the statutory requirement for the Board to promulgate these regulations. The Board now proposes to repeal the regulations. According to the Department of Education, all of the provisions in the regulations are also in guidance documents. Thus repealing the regulations will not change the provisions in practice.

Businesses and Entities Affected. These regulations concern the Board of Education, the Department of Education, and the 132 public school divisions in the Commonwealth.

Localities Particularly Affected. These regulations particularly affect localities with poorly performing schools.

Projected Impact on Employment. Repealing these regulations is unlikely to affect employment.

Effects on the Use and Value of Private Property. Repealing these regulations is unlikely to affect the use and value of private property.

Small Businesses: Costs and Other Effects. Repealing these regulations is unlikely to affect small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. Repealing these regulations is unlikely to affect small businesses.

Real Estate Development Costs. Repealing these regulations is unlikely to 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 agency concurs with the economic impact analysis completed by the Department of Planning and Budget.


This action repeals the Regulations for Conducting Division-Level Academic Reviews.

VA.R. Doc. No. R14-3791; Filed December 19, 2013, 11:08 a.m.