TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Agency Decision
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 Decision: Request denied.
Statement of Reason for Decision: At its meeting on March 26, 2026, the board considered the petitioner's request and voted unanimously to deny the petitioner's request for rulemaking. The board's decision was based on the following reasons:
1. The request in the petition is merely a terminological change and does not alter existing regulatory policy as set forth in Regulations Governing the Operation of Private Schools for Students with Disabilities (8VAC20-671).
2. The terms identified in the petition have been used in 8VAC20-671 since 2015. 8VAC20-671 succeeded, Regulations Governing the Operation of Private Day Schools for Students with Disabilities (8VAC20-670), which was first promulgated in 2004. The board has neither received similar comments regarding issues with the terms as used nor received similar comments in the process of licensing and monitoring entities regulated under 8VAC20-671.
3. 8VAC20-671 is required by § 22.1-323 of the Code of Virginia. Section 22.1-323 B of the Code of Virginia specifically identifies the subject of the board's regulations to be "private school[s] for students with disabilities." Section 22.1-323 C of the Code of Virginia also uses the terms "residential school for students with disabilities" and "private day special education schools."
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.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR CONTRACTORS
Initial Agency Notice
Title of Regulation: 18VAC50-22. Board for Contractors Regulations.
Statutory Authority: § 54.1-201 of the Code of Virginia.
Name of Petitioner: P. Tyler.
Nature of Petitioner's Request: The petitioner requests that the Board for Contractors amend 18VAC50-22-260 or another section of the regulation. 18VAC50-22-260 provides for the board's prohibited acts and includes provisions for minimum contract requirements for those engaged in residential contracting.
The petitioner requests the board consider a regulation requiring licensed residential contractors to provide a written disclosure prior to the beginning of work, stating:
1. Whether the contractor believes a permit is required for the proposed work.
2. Who will be responsible for obtaining any required permit.
3. Whether permit and inspection costs are included in the contract price.
4. A brief notice that failure to obtain required permits may affect inspections, code compliance, insurance coverage, resale disclosures, or liability.
The petitioner indicates the purpose of this proposed regulation is to address uncertainty regarding permit responsibility, including by homeowners, contractors, and others involved in residential project coordination. The petitioner indicates there have been repeated situations encountered over time across different residential projects and jurisdictions in Virginia involving misunderstandings about permit responsibility. The petitioner's understanding, based on conversations with building inspectors and building permit office staff in multiple jurisdictions, is that misunderstandings about permit responsibility can become complicated and stressful.
The petitioner contends that the current regulation may unintentionally place contractors who discuss permit requirements at a competitive disadvantage. One contractor may explain that a permit is required and includes permit costs in a proposal, while another minimizes the issue or assumes permits will not be obtained. A simple disclosure could help "level the playing field" by ensuring that permit responsibility is addressed at the contract stage for all licensed contractors. The petitioner also contends that misunderstandings about permit responsibility can create unnecessary stress for multiple parties when the misunderstandings occur. Homeowners may discover permit issues only after work is completed, contractors may face disputes or complaints about work that was assumed to be routine, and building permit office staff and building inspectors are often placed in the difficult position of explaining requirements after the fact. The petitioner further contends that, while these situations may not arise in most projects, they can be particularly complicated and stressful for those involved when they do occur. A brief written disclosure at the beginning of a project could help prevent many of these misunderstandings.
The petitioner indicates that this request does not require the board to determine when permits are required. The petitioner provides some suggested language for a disclosure provision.
A copy of the petition is available from the agency.
Agency Plan for Disposition of Request: The petition for rulemaking will be published in the Virginia Register of Regulations on May 4, 2026. The petition will also be published on the Virginia Regulatory Town Hall at www.townhall.virginia.gov. Public comment on the petition will be received from May 4, 2026, to May 25, 2026. Upon conclusion of the public comment period, the board will consider all public comments received on the petition and make a decision to either grant or deny the petitioner's request at the next available meeting. That meeting is expected to be held June 23, 2026. The petitioner will be notified in writing of the board's decision.
Public Comment Deadline: May 25, 2026.
Agency Contact: Joe Haughwout, Regulatory Affairs Manager, Department of Professional and Occupational Regulation, Perimeter Center, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8566, fax (804) 527-4403, or email joseph.haughwout@dpor.virginia.gov.
VA.R. Doc. No. PFR26-29; Filed April 7, 2026, 8:13 a.m.