TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Agency Notice
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulations are undergoing a periodic review and small business impact review: 8VAC20-40, Regulations Governing Educational Services for Gifted Students; 8VAC20-70, Regulations Governing Pupil Transportation; 8VAC20-100, Regulations Governing Literary Loan Applications in Virginia; 8VAC20-120, Regulations Governing Career and Technical Education; and 8VAC20-281, Regulations Governing Jointly Owned and Operated Schools and Jointly Operated Programs. The review of each regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic review is to determine whether the regulation should be repealed, amended, or retained in its current form.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 each 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.
Public comment period begins September 23, 2024, and ends October 14, 2024.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency.
Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.
Contact Information: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-110, Regulations Governing Pupil Accounting Records, and determined that this regulation should be amended. The board is publishing its report of findings dated May 7, 2024, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare. The regulation is required by statute and seeks to address the recording of student attendance, enrollment, and withdrawal, which benefits society in numerous ways. While the regulation is clearly written and easily understandable, it would benefit from additional definitions and updates to its terminology.
The regulation is consistent with statutory requirements, but certain amendments are needed to ensure that current terminology is being used.
There is a continued need for the regulation due to the statutory mandate. The Department of Education is not aware of any complaints regarding this regulation and received no comments during the periodic review. This regulation is slightly complex, but not so it cannot be understood by regulated parties. There is overlap between this regulatory chapter and 8VAC20-730. The extent of any further overlap, duplication, or conflict with federal or state law or regulation is not apparent at this time. The promulgation of 8VAC20-110 occurred in 1988.8VAC20-110-20, 8VAC20-110-60, and 8VAC20-110-140 were repealed in 2001. It appears that the rest of the chapter has not been revised since it was promulgated in 1988. Certain amendments to this regulation are warranted.
These amendments are (i) adding definitions for "pupil accounting system," "excused absence," and "unexcused absence"; (ii) deleting "civil defense alert"; (iii) revising "COE" to "CTE"; and (iv) revising "days" to "teaching days," where appropriate.
There is little to no economic impact on small businesses resulting from this regulation.
Contact Information: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-250, Regulations Governing the Testing of Sight and Hearing of Pupils, and determined that this regulation should be amended. The board is publishing its report of findings dated May 7, 2024, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare in that it seeks to ensure that any defects in hearing or vision is detected in students, and that parents are notified of any defect that is discovered. The regulation is clearly written and easily understandable.
The regulation will be repealed and its content shifted to 8VAC20-690, as both chapters share the same end users.
The regulation is required by the Code of Virginia, thus demonstrating a continued need for it. There are no known complaints or comments concerning the regulation. There are no known conflicts with federal or state law or regulations. The regulation was last amended in 2021. The agency's decision to combine the chapter with 8VAC20-690 will not have any impact on small business.
Contact Information: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-290, Regulations Governing School Lunch Sale of Food Items, and determined that this regulation should be repealed. The board is publishing its report of findings dated May 9, 2024, to support this decision.
This regulation is no longer necessary for the protection of public health, safety, and welfare since it is outdated. One comment was received during the periodic review, the substance of which was outside the scope of the periodic review. The regulation is not overly complex. The regulation does not appear to have been amended since it became effective on September 1, 1980, and contains references to outdated law and terminology. The agency's decision to repeal the regulation will have minimal impact on small businesses.
Contact Information: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF PHARMACY
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Pharmacy conducted a periodic review and a small business impact review of 18VAC110-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated August 30, 2024, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because the regulation sets forth procedures for participation of the public in the development of board regulations. Additionally, this regulation is required by statute, and the board has no discretion not to maintain this regulation. The board has reviewed this regulation and determined that it is clearly written and understandable.
The board has decided to retain the regulation as is. The regulation is based upon model regulations provided by the Department of Planning and Budget. The Department of Planning and Budget has not updated its model regulations; therefore, the board has not adopted any changes to the regulation.
The board is required to maintain this regulation; therefore, there is a continued need for it. There have been no complaints received related to this regulation, which is not complex. The regulation does not overlap with any other law and has not changed since approximately 2017. The board will alter the regulation if and when the Department of Planning and Budget recommends changes to the model regulations.
Contact Information: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4456, or email caroline.juran@dhp.virginia.gov.
BOARD OF SOCIAL WORK
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Social Work conducted a periodic review and a small business impact review of 18VAC140-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated August 30, 2024, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because the regulation sets forth procedures for participation of the public in the development of board regulations. Additionally, this regulation is required by statute, and the board has no discretion not to maintain this regulation. The board has reviewed this regulation and determined that it is clearly written and understandable.
The board has decided to retain the regulation as is. The regulation is based upon model regulations provided by the Department of Planning and Budget. The Department of Planning and Budget has not updated its model regulations; therefore, the board has not adopted any changes to the regulation.
The board is required to maintain this regulation; therefore, there is a continued need for it. There have been no complaints received related to this regulation, which is not complex. The regulation does not overlap with any other law and has not changed since approximately 2017. The board will alter the regulation if and when the Department of Planning and Budget recommends changes to the model regulations.
Contact Information: Jaime Hoyle, Executive Director, Board of Social Work, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4441, FAX (804) 977-9915, or email jaime.hoyle@dhp.virginia.gov.