Title of Regulation: 8VAC20-630. Standards for State-Funded Remedial Programs (amending 8VAC20-630-20; repealing 8VAC20-630-50).

Statutory Authority: § 22.1-199.2 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: March 4, 2011.

Effective Date: March 21, 2011.

Agency Contact: Margaret Roberts, Executive Assistant for Board Relations, Department of Education, P.O. Box 2120, Richmond, VA 23218, telephone (804) 225-2540, FAX (804) 225-2524, or email margaret.roberts@doe.virginia.gov.

Basis: Section 22.1-199.2 of the Code of Virginia requires the Board of Education to promulgate regulations for establishing standards for remediation programs. Chapter 61 of the 2010 Acts of Assembly removed the local school division reporting requirements for state-funded remedial programs.

Purpose: The proposed technical amendment removes reporting requirements for local school divisions as data needed for the Virginia Department of Education to analyze state-funded remedial programs is now available through the department's internal data information management system. Specifically, the department can track and analyze data for students coded as remediation recovery. In the Guidance Document Governing Certain Provisions of the Regulations Establishing Standards for Accrediting Public Schools in Virginia, remediation recovery is defined as a voluntary program that schools may implement to encourage successful remediation of students who do not pass certain Standards of Learning (SOL) tests in grades K-8 and high school reading and mathematics. Schools are required to maintain evidence of a student's participation in a remediation recovery program along with the scores of any SOL tests taken following remediation in the student's record. There is no need to burden school divisions with unnecessary reporting as a student's participation in a remediation recovery program is now documented within the student's test record. The amendments remove the burden of reporting requirements for state-funded remedial programs for school divisions.

Rationale for Using Fast-Track Process: The amendments to 8VAC20-630 are technical amendments to conform with the intent and requirements of Chapter 61 of the 2010 Acts of Assembly.

Substance: The amendments remove the burden of reporting requirements for state-funded remedial programs for school divisions. At the time the regulation was approved, data regarding state-funded programs was not available to the department by any other means. Presently, data related to an analysis of state-funded remedial programs can be obtained through the department's internal data information management system.

Issues: The primary advantage of this regulation is to eliminate the burden of reporting data that can be obtained through the department's internal data management system. There are no disadvantages to the public or to regulated entities.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. Chapter 61 of the 2010 Acts of Assembly implemented a reduction in reporting requirements for local school divisions. In particular, the changes to § 22.1-199.2 of the Code of Virginia governing remediation standards removes specific types of data that must be reported to the Board of Education (Board). Consequently, the Board proposes to repeal from these regulations specified reporting requirements for state-funded remedial programs. Additionally the Board proposes to no longer require that local school divisions submit their local remediation plans for approval.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. The current regulations require that annually each local school division collect and report to the Department of Education (Department) the following data pertaining to eligible students:

1. The number of students failing a state-sponsored test required by the Standards of Quality or Standards of Accreditation;

2. A demographic profile of students attending state-funded remedial programs;

3. The academic status of each student attending state-funded remedial programs;

4. The types of instruction offered;

5. The length of the program;

6. The cost of the program;

7. The number of un-graded and disabled students, and those with limited English proficiency;

8. As required, the pass rate on Standards of Learning assessments; and

9. The percentage of students at each grade level who have met their remediation goals.

Pursuant to Chapter 61 of the 2010 Acts of Assembly, the Board proposes to no longer require that school divisions report the above data. All of the above data is now available to the Department and Board independent of the school divisions reporting through the Department's internal data information management system. The Department estimates that on average each of the 132 local school divisions spend approximately 20 hours of staff time to collect and report the data and the Department spends about 40 hours of staff time handling the incoming information. Thus, the repeal of this reporting requirement will save approximately 2,680 hours¹ of staff time statewide, while not reducing the availability of useful data.

Also, the current regulations require that local school divisions submit their local remediation plans to the Board for approval. According to the Department, in practice the plans are essentially a checklist of requirements that are (and will continue to be) stated elsewhere in the regulations; and there is little practical value for the Board and the Department to receive them. Thus, the Board also proposes to repeal the requirement that local school divisions submit their local remediation plans to the Board for approval. The Department estimates that this would save on average 8 hours of staff time per school division and 20 to 25 hours of Department staff time, totaling approximately 1,080 hours² of saved staff time statewide.

Businesses and Entities Affected. The proposed amendments affect the 132 public school divisions in the Commonwealth as well as the Board of Education and the Department of Education.

Localities Particularly Affected. The proposed amendments do not disproportionately affect particular localities.

Projected Impact on Employment. The proposal amendments are unlikely to significantly affect employment.

Effects on the Use and Value of Private Property. The proposed amendments are unlikely to significantly affect the use and value of private property.

Small Businesses: Costs and Other Effects. The proposed amendments are unlikely to significantly affect small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments are unlikely to significantly affect small businesses.

Real Estate Development Costs. The proposed amendments are unlikely to significantly 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.

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¹ (132 x 20) + 40 = 2,680

² (132 x 8) + 20 = 1, 076; (132 x 8) + 25 = 1, 081; or approximately 1,080

Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The agency agrees with the economic impact analysis done by the Department of Planning and Budget. The agency will continue to examine the economic and administrative impact of the regulations as they progress through the Administrative Process Act process.

Summary:

Chapter 61 of the 2010 Acts of Assembly implemented a reduction in reporting requirements for local school divisions. In particular, the changes to § 22.1-199.2 of the Code of Virginia governing remediation standards remove specific types of data that must be reported to the Board of Education. Consequently, the board proposes to repeal the specified reporting requirements for state-funded remedial programs from the regulations. Additionally the board proposes to no longer require that local school divisions submit their local remediation plans for approval.

8VAC20-630-20. Remediation plan development and approval.

Each local school division shall develop a local remediation plan designed to strengthen and improve the academic achievement of eligible students. Local school divisions shall submit these plans at a time to be determined by the Superintendent of Public Instruction for approval by the Board of Education. Following approval of the plan, each local school division shall submit a budget for the remediation plan that identifies the sources of state funds in the plan.

8VAC20-630-50. Reporting requirements. (Repealed.)

Annually, each local school division shall collect and report to the Department of Education, on-line or on forms provided by the department, the following data pertaining to eligible students:

1. The number of students failing a state-sponsored test required by the Standards of Quality or Standards of Accreditation;

2. A demographic profile of students attending state-funded remedial programs;

3. The academic status of each student attending state-funded remedial programs;

4. The types of instruction offered;

5. The length of the program;

6. The cost of the program;

7. The number of ungraded and disabled students, and those with limited English proficiency;

8. As required, the pass rate on Standards of Learning assessments; and

9. The percentage of students at each grade level who have met their remediation goals.