TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Initial Agency Notice
Title of Regulation: 4VAC20-1270. Pertaining to Atlantic Menhaden.
Statutory Authority: § 28.2-201 of the Code of Virginia.
Name of Petitioner: Tanya O'Connor.
Nature of Petitioner's Request: The petitioner requests that the commission:
1. Grant this petition by adopting a temporary moratorium on purse-seine reduction fishing for menhaden within the Chesapeake Bay and initiating rulemaking to amend 4VAC20-1270-35.
2. Maintain the moratorium until the commission has affirmatively demonstrated, on the administrative record, compliance with all applicable statutory and public-trust obligations, including that the commission has:
a. Determined bay-specific menhaden abundance and bay-specific ecological dependence, including the needs of predator species, juvenile life stages, and dependent fisheries within the Chesapeake Bay, consistent with § 28.2-201 and subdivision 2 of § 28.2-203 of the Code of Virginia;
b. Demonstrated, on the administrative record, compliance with the mandatory requirements of § 28.2-204.1 of the Code of Virginia by evaluating, before authorizing industrial menhaden removal, the impacts on species and fisheries, age structure, and the abundance of the resource;
c. Demonstrated compliance with all fishery management standards set forth in § 28.2-203, including: (i) prevention of overfishing while achieving optimum yield (subdivision 1); (ii) reliance on the best scientific, economic, biological, and sociological information available (subdivision 2); (iii) management of individual and interrelated stocks as a unit, including forage-dependent predator species (subdivision 3); (iv) fair, equitable, and non-discriminatory management measures that do not grant excessive fishing privileges (subdivision 4); (v) promotion of efficient utilization of fishery resources without economic allocation as the sole purpose (subdivision 5); (vi) consideration of variations among and contingencies in fisheries, fishery resources, and catches (subdivision 6); and (vii) minimization of unnecessary regulatory burdens while still achieving conservation objectives (subdivision 7);
d. Demonstrated compliance with § 28.2-204 of the Code of Virginia by obtaining or commissioning necessary fisheries data and implementing independent monitoring, verification, and enforcement mechanisms sufficient to ensure compliance with any future authorization of industrial menhaden removals, including verification of landings, bycatch, juvenile impacts, and cumulative removals across fisheries; and
e. Demonstrated satisfaction of interstate conservation responsibilities, including documented evaluation of cross-jurisdictional ecological and economic impacts within the Chesapeake Bay, consistent with Virginia's obligations under the Atlantic States Marine Fisheries Compact (§ 28.2-1000 of the Code of Virginia), which is an interstate marine fisheries compact.
The petitioner does not request a specific numerical quota and requests that no industrial reduction fishing resume until these conditions are satisfied.
Agency Plan for Disposition of Request: The Virginia Marine Resources Commission is submitting notice of the petition for publication in the Virginia Register of Regulations and announcing a public comment period. Following receipt of comments on the petition, the commission will review the petition.
Public Comment Deadline: February 17, 2026.
Agency Contact: Benjamin Foster, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA, 23651, telephone (757) 247-2200, telephone (757) 247-2200, fax (757) 247-2002, or email benjamin.foster@mrc.virginia.gov.
VA.R. Doc. No. PFR26-20; Filed December 31, 2025, 9:25 a.m.
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TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Initial Agency Notice
Title of Regulation: 8VAC20-671. Regulations Governing the Operation of Private Schools for Students with Disabilities.
Statutory Authority: §§ 22.1-16 and 22.1-321 of the Code of Virginia.
Name of Petitioner: Lucinda Jones.
Nature of Petitioner's Request: The petitioner requests that the State Board of Education amend 8VAC20-671-10, 8VAC20-671-30, and 8VAC20-671-50. The current term "private school for students with disabilities" should be replaced with a more accurate term that reflects funding and governance realities. Suggested alternatives include "nonpublic school for students with disabilities" or "alternative school for students with disabilities."
Background: The term "private school for students with disabilities" is misleading because these schools are not private in the traditional sense. Parents do not pay tuition; placements and tuition are funded by local education agencies (LEAs) under an individualized education program (IEP). These schools are state-licensed and regulated by the Department of Education, not independent private institutions.
Requested amendments:
1. In 8VAC20-671-10: Replace "private school for students with disabilities" with "nonpublic school for students with disabilities" or "alternative school for students with disabilities."
2. In 8VAC20-671-30 and 8VAC20-671-50: Update references to reflect the new terminology consistently.
Rationale for terminology consistency: The current term suggests private funding, which is inaccurate. These schools operate under state licensure and LEA contracts.
Rationale for regulatory precision: Updating terminology will reduce confusion in grants, professional development eligibility, and public understanding.
Proposed wording: "nonpublic school for students with disabilities" or "alternative school for students with disabilities" means a school licensed under 8VAC20-671 and defined per 8VAC20-671-10, serving students placed by LEAs under an individualized education program with tuition paid by the LEA.
Examples of current usage: Several schools and facilities currently use the word "private" in their name or description, including: (i) Virginia Home for Boys and Girls (John G. Wood School): "GW accepts students with 'private day school' designations on their individualized education plans (IEPs) and serves individuals with a range of abilities, including autism and intellectual disabilities"; and (ii) Shineforth (formerly United Methodist Family Services): "Shineforth is a nonprofit organization in Virginia that provides foster care, residential treatment, and private day school for students with disabilities."
These examples illustrate how the term "private" persists in branding and public perception, even though these schools are state-licensed and funded by LEAs, not by parent tuition.
Conclusion: Updating these sections will align the petition with department guidance, ensure legal accuracy, and clarify the nature of these schools for stakeholders.
Agency Plan for Disposition of Request: The State Board of Education will consider the petition and all comments in support or opposition at the next meeting after the close of public comment. That meeting is currently scheduled for March 26, 2026. The petitioner will be notified of the board's decision after that meeting.
Public Comment Deadline: February 16, 2026.
Agency Contact: 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.
VA.R. Doc. No. PFR26-19; Filed December 22, 2025, 3:12 p.m.