Vol. 36 Iss. 2 - September 16, 2019

Chapter 40
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Education intends to consider amending 8VAC20-40, Regulations Governing Educational Services for Gifted Students. The purpose of the proposed action is to review the regulation for potential changes in keeping with the current best practices in the field of gifted education, including integrating findings from relevant research regarding the identification of gifted students, equitable access for under-represented populations of students to effective program options, appropriate curricular designs and instructional strategies, delivery of services, and teacher professional development in providing appropriate instruction for gifted students.

In addition, this regulation will undergo a periodic review pursuant to Executive Order 14 (2018) and a small business impact review pursuant to § 2.2-4007.1 of the Code of Virginia to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

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

Public Comment Deadline: October 16, 2019.

Agency Contact: Dr. Donna Poland, Specialist, Governor's Schools and Gifted Education, Department of Education, 101 North 14th Street, Richmond, VA 23219, telephone (804) 225-2884, or email

VA.R. Doc. No. R20-6142; Filed August 26, 2019, 4:42 p.m.