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 8VAC20-90, Procedure for Adjusting Grievances, and determined that this regulation should be retained as is. The board is publishing its report of findings dated February 27, 2025, to support this decision.
The regulation remains necessary for the protection of public health, safety, and welfare because it sets out the grievance procedure for teachers required by § 22.1-308 of the Code of Virginia. Further, the regulation is clearly written and easily understandable. The regulation will be retained because the grievance procedure is required by statute.
There is a continued need for the regulation as it provides rules governing the procedure for adjusting grievances. At this time, the agency has received no comments concerning the regulation and is unaware of any complaints. The regulation was last amended in 2016. The agency's decision to retain the regulation will have no 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 8VAC20-150, Management of the Student's Scholastic Record in the Public Schools of Virginia, and determined that this regulation should be repealed. The board is publishing its report of findings dated February 27, 2025, to support this decision.
This regulation does not need to be an independent chapter, but can be incorporated into 8VAC20-720, which will enhance clarity and reduce the number of board regulations. Some provisions of 8VAC20-150 are necessary for the protection of public health, safety, and welfare because the rules concern the management of a student's scholastic record in the public schools of Virginia. These provisions are in accordance with the federal Family Educational Rights and Privacy Act, the Individuals with Disabilities Education Act, and the Code of Virginia. The chapter being repealed is neither clearly written nor easily understandable.
At this time, the agency has received no comments concerning the regulation and is unaware of any complaints. The regulatory chapter was last amended in 1995. The agency's decision to repeal the regulation and move certain provisions will have no 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 8VAC20-330, Rules Governing Alternative Education, and determined that this regulation should be retained as is. The board is publishing its report of findings dated February 26, 2025, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because its provisions govern alternative education. Alternative education is necessary to ensure that the varied needs of children are met by the Commonwealth's education system. The regulation is clearly written and easily understandable.
The regulation will be retained as is because there is a continued need for provisions governing alternative education programs. At this time, the agency has received no comments concerning the regulation and is unaware of any complaints. There is no known overlap between the regulation and any other state or federal law or regulation. The regulation has not been amended since it became effective in 1980. The agency's decision to retain the regulation 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 8VAC20-340, Regulations Governing Driver Education, and determined that this regulation should be amended. The board is publishing its report of findings dated February 26, 2025, to support this decision.
The regulation is necessary for the protection of public health, safety, and welfare because it sets out requirements that govern driver education for children. Ensuring that children are adequately prepared to safely operate a motor vehicle is of the utmost necessity in protecting public health, safety, and welfare. The regulation is clearly written and easily understandable.
The regulation will be amended to remove a document incorporated by reference (DIBR) in order to conform to 1VAC7-10-140 D. The DIBR will then be housed on the agency's website. Additionally, 8VAC20-340-10 will amended to bring it into alignment with § 22.1-205 of the Code of Virginia and the Department of Motor Vehicle's regulations and practices.
The agency has received no comments on the regulation and is unaware of any complaints concerning the regulation. The regulation is not complex. It does not appear that the regulation overlaps, duplicates, or conflicts with any other state or federal law or regulation. The agency's decision will not impact 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 8VAC20-390, Rules Governing Division Superintendent of Schools, and determined that this regulation should be amended. The board is publishing its report of findings dated February 27, 2025, to support this decision.
The regulation remains necessary for the protection of public health, safety, and welfare because it sets out rules governing division superintendents of schools, who play an integral part in the operation of school divisions. The regulation is clearly written and easily understandable.
The regulation will be amended. The qualifications to be placed on the list of eligible candidates found in 8VAC20-390-10 conflict with the requirements to be a candidate for the list of eligible superintendents found in 8VAC20-23-630. 8VAC20-390-10 will be repealed to resolve this conflict.
There is a continued need for the regulation as it provides rules governing division superintendents of schools. At this time, the agency has received no comments concerning the regulation and is unaware of any complaints. The regulation conflicts with 8VAC20-23-630. The regulation was last amended in 2022. The agency's decision to amend the regulation will have no 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 8VAC20-410, Regulations Governing Allowable Credit for Teaching Experience, and determined that this regulation should be repealed. The board is publishing its report of findings dated October 24, 2024, to support this decision.
The content of the regulation is necessary for the protection of public health, safety, and welfare because it describes how credit for teaching experience may be allowed. Credit for teaching experience is necessary for numerous teacher licensure types and to ensure that teachers gather the necessary experience to be effective instructors. The regulation is clearly written and easily understandable, so necessary provisions will be retained and moved.
The regulation will be repealed, but its language will be edited to be appropriate for a definition and moved to 8VAC20-23-10. Licensure Regulations for School Personnel (8VAC20-23) concerns teacher licensure and contains numerous references to "credit for teaching experience." Shifting the language of 8VAC20-410 to 8VAC20-23 will reduce the number of board regulations.
There is a continued need for the text of regulation, but no need for it to exist in a distinct chapter. The agency has received no comments and is unaware of any complaints concerning the regulation. The regulation text is not complex. It does not appear that the regulation overlaps, duplicates, or conflicts with any other state or federal law or regulation. The agency's decision will not impact 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 8VAC20-760, Regulations Governing the Designation of School Divisions of Innovation, and determined that this regulation should be retained as is. The board is publishing its report of findings dated February 27, 2025, to support this decision.
The regulation remains necessary for the protection of public health, safety, and welfare because it sets out regulations governing the designation of school divisions of innovation. School divisions of innovation play an integral part in improving student learning; educational performance; and college, career, and citizenship readiness skills in one or more schools, for the benefit of all schools in the school division. Further, the regulation is clearly written and easily understandable. The regulation will be retained as is. At this time, the agency has received no comments concerning the regulation and is unaware of any complaints. The regulation was last amended in 2019. The agency's decision to retain the regulation as is will have no 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.
TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
Agency Notice
Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 22VAC40-325, Fraud Reduction/Elimination Effort. The Notice of Intended Regulatory Action to amend 22VAC40-325, which is published in this issue of the Virginia Register, serves as the agency notices of announcement.
Contact Information: Susan Lloyd, Fraud Consultant, Department of Social Services, 5600 Cox Road, Glen Allen, VA 23060, telephone (804) 682-1207, or email susan.lloyd@dss.virginia.gov.