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 8VAC20-460, Regulations Governing Sick Leave Plan for Teachers, and determined that this regulation should be retained as is. The board is publishing its report of findings dated May 22, 2025, to support this decision.
The regulation is necessary for the protection of public health, safety, and welfare because it provides rules that govern sick leave plans for teachers. Rules governing sick leave plans for teachers are necessary to ensure a level of uniformity among plans between school divisions, including when teachers move between divisions, and to provide protection for both teachers and school divisions in case of illness. The regulation is clearly written and easily understandable. The regulation will be retained as is.
There is a continued need for the regulation. At this time, the agency has received no comments concerning the regulation and is unaware of any complaints. The regulation does not appear to be complex. 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 on September 1, 1980. The regulation does not appear to have been affected by changes in technology, economic conditions, or other factors. The agency's decision 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 8VAC20-510, Regulations Governing Superintendent of Public Instruction, and determined that this regulation should be retained as is. The board is publishing its report of findings dated May 22, 2025, to support this decision.
The regulation is necessary for the protection of public health, safety, and welfare because it sets out provisions that govern the Superintendent of Public Instruction. The Superintendent of Public Instruction is a constitutionally created office, which is further described in Chapter 3 (§ 22.1-21 et seq.) of Title 22.1 of the Code of Virginia. This regulatory chapter further delineates the duties of the superintendent. The regulation will be retained as is.
There is a continued need for the regulation. At this time, the agency has received no comments concerning the regulation and is unaware of any complaints. The regulation does not appear to be complex. 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 on September 1, 1980. There is a current regulatory action to amend the regulation. The regulation does not appear to have been affected by changes in technology, economic conditions, or other factors. 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 8VAC20-580, Regulations for the School Breakfast Program, and determined that this regulation should be repealed. The board is publishing its report of findings dated May 22, 2025, to support this decision.
The provisions of the regulation contribute to the protection of public health, safety, and welfare. This regulation does not need to be an independent regulation because it primarily notifies local education agencies of the need to follow state and federal law as pertaining to the federal School Breakfast Program administered by the U.S. Department of Agriculture and that it is a requirement to make breakfast available pursuant to such programs to any student who requests such a meal. The regulation could be incorporated into the Regulations Governing Local School Boards and School Divisions (8VAC20-720), which will reduce the number of board regulations and clarify the provisions of 8VAC20-580 by providing context. The underlying policy of the regulation is clearly written and easily understandable.
Further, the regulation no longer reflects current Virginia law. Section 22.1-79.7:1 of the Code of Virginia, which was promulgated in 2020, requires each local school board to require each public elementary and secondary school to participate in the federal School Breakfast Program. As a result, certain sections of the regulation that reference eligibility criteria are no longer aligned with the Code of Virginia.
There is a continued need for parts of the regulation, and those will be moved to 8VAC20-720, and 8VAC20-580 will be repealed. At this time, the agency has received no comments concerning the regulation and is unaware of any complaints. The regulation is not overly complex. The regulation was derived from VR270-01-0059 § 10, and became effective in the Virginia Administrative Code on July 1, 1994. The regulation has not been updated to remain current with federal and state laws, particularly § 22.1-79.7:1 of the Code of Virginia. The agency's decision to repeal the chapter and move the underlying policy in 8VAC20-720 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 8VAC20-620, Regulations Regarding School Guidance and Counseling Programs in the Public Schools of Virginia, and determined that this regulation should be amended. The board is publishing its report of findings dated May 22, 2025, to support this decision.
The regulation is necessary for the protection of public health, safety, and welfare because it sets out provisions regarding school guidance and counseling programs in Virginia's public schools. The regulation is critical in ensuring that public school children are receiving the resources needed to be successful and healthy.
Requirements in the regulation will be amended to include updated terminology as required by Chapter 139 of the 2019 Acts of Assembly; the board will consider incorporating the provisions of this chapter into Regulations Governing Local School Boards and Divisions (8VAC20-720) to reduce the number of board regulations. Such move of provisions will also clarify who the regulated party is. There is a continued need for the regulation, but there is no need for it to exist in a distinct chapter.
The agency has not received any comments and is not aware of any complaints concerning the regulation. The regulation is not complex and does not appear to overlap, duplicate, or conflict with any other state or federal law or regulation. The regulation has not been amended since it became effective March 20, 1996. 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 8VAC20-630, Standards for State-Funded Remedial Programs, and determined that this regulation should be retained as is. The board is publishing its report of findings dated May 22, 2025, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because it provides standards for state-funded remedial programs, which are necessary to ensure that students who are educationally at risk are provided with the resources for remediation. The regulation is clearly written and easily understandable. The regulation will be retained as is.
There is a continued need for the regulation. At this time, 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 was last amended in 2011. 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.
Agency Notice
Pursuant to §§ 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: 8VAC20-690, Regulations for Scoliosis Screening Program. The review will be guided by the principles in Executive Order 19 (2022). The purpose of this 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 the 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.
Public comment period begins June 16, 2025, and ends July 7, 2025.
Comments must include the commenter's name and address (physical or email) 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 .