TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
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 8VAC20-40, Regulations Governing Educational Services for Gifted Students, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 3, 2024, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare. The regulation outlines the gifted education components required by the Standards of Quality and § 22.1-18.1 of the Code of Virginia. The regulation is clearly written and easily understandable.
There is a continued need for this regulation. The Department of Education received multiple comments asking the board to retain the regulation as is and other comments asking the board to make future amendments. The complexity of the regulation may call for amendments in the future. Derived from VR270-01-0002, the regulation became effective June 25, 1986. Amendments to this regulation were made in 1995, 2010, and 2012. The board withdrew a Notice of Intended Regulatory Action from 2019, which resulted from the 2019 periodic review, but may consider future amendments or revisions to the regulation. Department staff expect that retaining the regulation as is will have no 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.
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 8VAC20-70, Regulations Governing Pupil Transportation, and determined that this regulation should be amended. The board is publishing its report of findings dated December 3, 2024, to support this decision.
This regulation seeks to ensure that pupils are safely transported to and from school and school sponsored activities. It is necessary for the protection of public health, safety, and welfare and it is clearly written and easily understandable. The regulation will be amended to include minor updates.
Ensuring the safe transportation of pupils is essential and there is a continued need for this regulation. No comments have been received at this time and the department is unaware of any complaints concerning the chapter. The regulation is not overly complicated. There is not significant overlap between this chapter and state or federal law, and state law requires that the board promulgate regulations regarding the transportation of students. The regulation was derived from VR270-01-0006 and became effective February 18, 1987. This regulation was amended in 1988, 1990, 1994, 2004, and 2012. The regulation does not regulate or have any economic 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 8VAC20-100, Regulations Governing Literary Loan Applications in Virginia, and determined that this regulation should be repealed. The board is publishing its report of findings dated December 3, 2024, to support this decision.
This regulation is not necessary for the protection of public health, safety, and welfare, nor is it required to maintain regulatory language pursuant to § 2.2-4002 B 4 of the Code of Virginia. The periodic review found that there is no longer a need for this regulation as the department is not required to maintain regulatory language pursuant to § 2.2-4002 B 4.
There is no longer a continued need for this regulation. No comment was received during the periodic review. The regulation is not overly complex. The regulation was derived from VR270-01-0009 and became effective March 30, 1988; it was last amended in 1995. It is not expected that the department's decision to repeal the chapter will have an 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.
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 8VAC20-120, Regulations Governing Career and Technical Education, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 3, 2024, to support this decision.
The regulation is necessary for the protection of public health, safety, and welfare. Career and technical education builds necessary life skills and is required by both state and federal law. The regulation is clearly written and easily understandable.
There is a continuing need for this regulation. The department has not received any comments and is not aware of any complaints concerning this regulation. The regulation is not overly complex and can be understood by regulants. There is not excessive overlap between this regulation and state or federal law. On August 19, 1987, the regulation was derived from VR270-01-0011, and later amended in 2002 and 2012. The regulation is consistent with applicable law and will have no economic 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.
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 8VAC20-281, Regulations Governing Jointly Owned and Operated Schools and Jointly Operated Programs, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 3, 2024, to support this decision.
The regulation is necessary for the protection of public health, safety, and welfare. The regulation is required by § 22.1-26 of the Code of Virginia and seeks to outline requirements for the operation of joint and regional schools. The regulation is clearly written and understandable.
There is a continued need for the regulation due to programs that are in current operation. All comments received during the review were in full support of retaining the regulation as is. Chapter 4 (§ 22.1-25 et seq.) of Title 22.1 of the Code of Virginia mandates the board to promulgate regulations concerning school divisions, joint schools, and contracts between school divisions. The statutory requirements establish the continued need for the regulation. The board provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that two or more school boards may, with the consent of the board, establish joint or regional schools, including regional public charter schools as defined in § 22.1-212.5 of the Code of Virginia, comprehensive schools offering all-day academic programs and career and technical education, and regional residential charter schools for at-risk pupils, for the use of their respective school divisions and may jointly purchase, take, hold, lease, convey, and condemn both real and personal property for such joint, regional, or regional public charter schools. Based upon the comments received during the public comment periods, there does not appear to be a reason to repeal or amend the regulatory chapter. The regulation is clearly written, easy to understand, and does not overlap, duplicate, or conflict with federal or state law.
The regulation was enacted October 19, 2009, and since that time, the regulation has not been evaluated on the degree to which technology, economic conditions, or other factors have changed in the area affected by the regulation. The decision by the board to retain this regulation as is is consistent with applicable law and will minimize the economic impact of the regulation 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 NURSING
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Nursing conducted a periodic review and a small business impact review of 18VAC90-27, Regulations for Nursing Education Programs, and determined that this regulation should be amended. The Notice of Intended Regulatory Action, which is published in this issue of the Virginia Register, serves as the reports of findings.
Contact Information: Claire Morris, RN, Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4665, or email claire.morris@dhp.virginia.gov.
BOARD FOR WATERWORKS AND WASTEWATER WORKS OPERATORS AND ONSITE SEWAGE SYSTEM PROFESSIONALS
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals conducted a periodic review and a small business impact review of 18VAC160-30, Waterworks and Wastewater Works Operators Licensing Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 25, 2024, to support this decision.
The regulation contains the requirements for (i) obtaining a license or training provider or course approval, (ii) renewal and reinstatement of licenses, (iii) standards of practice and conduct, and (iv) prelicense education to ensure competence and integrity of all licensees and to administer the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia. The regulation is necessary for the protection of public health, safety, and welfare and is clearly written and understandable.
On October 24, 2024, the board voted to retain the regulation as is. In accordance with Executive Directive Number One (2022), the board is currently undertaking a separate action to perform a comprehensive line-by-line review of this regulation.
Sections 54.1-201 and 54.1-2301 of the Code of Virginia mandate the board to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The board provides protection to the public welfare of the citizens of the Commonwealth by ensuring that those who receive a license from the board meet minimum requirements for education, experience, and competency in order to engage in professions related to the operation and supervision of waterworks or wastewater works.
The most recent periodic review was completed in 2021.There were no comments or complaints received during the public comment period. In the current form, the regulation is understandable and does not overlap, duplicate, or conflict with federal or state law or regulation.
Waterworks and wastewater works operator licenses are issued to individuals. These individuals do not fall within the meaning of the term small business as defined in § 2.2-4007.1 of the Code of Virginia.
Contact Information: Marjorie King, Executive Director, Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-0362, FAX (866) 350-5354, or email wastewateroper@dpor.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals conducted a periodic review and a small business impact review of 18VAC160-40, Onsite Sewage System Professionals Licensing Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 25, 2024, to support this decision.
The regulation contains the requirements for (i) obtaining a license or training provider or course approval, (ii) renewal and reinstatement of licenses, (iii) standards of practice and conduct, and (iv) prelicense education to ensure competence and integrity of all licensees and to administer the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia. The regulation is necessary for the protection of public health, safety, and welfare and is clearly written and understandable.
On October 24, 2024, the board voted to retain the regulation as is. In accordance with Executive Directive Number One (2022), the board is currently undertaking a separate action to perform a comprehensive line-by-line review of this regulation.
Sections 54.1-201 and 54.1-2301 of the Code of Virginia mandate the board to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The board provides protection to the public welfare of the citizens of the Commonwealth by ensuring that those who receive a license from the board meet minimum requirements for education, experience, and competency in order to engage in professions related to the operation and supervision of waterworks or wastewater works.
The most recent periodic review was completed in 2021.There were no comments or complaints received during the public comment period. In the current form, the regulation is understandable and does not overlap, duplicate, or conflict with federal or state law or regulation.
Business entities that perform installation, repair, improvement, or removal of septic tanks, septic systems, and other onsite sewage disposal systems annexed to real property are subject to regulations established by the Board for Contractors as a contractor license is required to perform those functions.
The Board for Contractors requires contractors that offer and engage in this type of contracting work to have a specialty designation on the contractor license for sewage disposal systems contracting and also requires certain personnel of the contractor to be licensed as an onsite sewage system installer. Some of these business entities described may fall within the meaning of the term "small business."
Contact Information: Marjorie King, Executive Director, Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-0362, FAX (866) 350-5354, or email wastewateroper@dpor.virginia.gov.
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TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services conducted a periodic review and a small business impact review of 22VAC40-41, Neighborhood Assistance Tax Credit Program, and determined that this regulation should be retained as is. The board is publishing its report of findings dated November 12, 2024, to support this decision.
The purpose of the Neighborhood Assistance Tax Credit Program (NAP) is to encourage businesses, trusts, and individuals to make donations to approved § 501(c)(3) organizations for the benefit of low-income persons. In return for contributions, donors may receive tax credits equal to 65% of the donation that may be applied against a donor's state income tax liability. The benefits provided to low-income persons are necessary to protect public health and welfare. The existing regulation remains clearly and concisely written and easily understandable. The board recommends that the regulation stay in effect without change.
The regulation is necessary to ensure effective operation of the NAP, as authorized by the Code of Virginia. The regulation does not overlap or conflict with federal or state law or regulation. The use of NAP is voluntary for the neighborhood organization and business and does not have a negative impact on small business. A business can receive a state tax credit for donating to approved NAP organizations.
Contact Information: Wanda Stevenson, Neighborhood Assistance Tax Credit Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7924, or email wanda.stevenson@dss.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services conducted a periodic review and a small business impact review of 22VAC40-901, Community Services Block Grant Program, and determined that this regulation should be amended. The board is publishing its report of findings dated November 26, 2024, to support this decision.
This regulation is necessary in that it provides the administrative framework for the Community Services Block Grant program, which is wholly focused on the identification of community needs of individuals in poverty, and the development and delivery of programs, services, or partnerships to address those serious community and individual needs. The regulation is clearly written and understandable.
The board's recommendation is to amend the regulation to update federal Code references. The regulation is required to provide the administrative structure for the Virginia Community Action Act, which is required to receive Community Service Block Grant funds under the Community Service Block Grant Act. No comments were received during the public comment period. The regulation does not duplicate or conflict with any federal or state law. No changes in technology or economic conditions would be hindered by maintaining the current regulation. The current regulation contains no language that would create economic impact on small businesses, and no amendment that the board is considering would create economic impact on small businesses.
Contact Information: Matt Fitzgerald, Community Service Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7088, FAX (800) 726-7088, or email matt.fitzgerald@dss.virginia.gov.