COMMONWEALTH OF VIRGINIA

DEPARTMENT OF EDUCATION

P.O. BOX 2120

RICHMOND, VIRGINIA 23218-2120

SUPTS. MEMO NO. 248

December 10, 2004

INFORMATIONAL

TO:

Division Superintendents

 

FROM:

Jo Lynne DeMary

Superintendent of Public Instruction

 

SUBJECT:

Transmittal of the Statement of Administrative Impact and Projected Costs of Implementation for the Repeal of Certain Board of Education Regulations

 

The Board of Education recently reviewed its regulations to determine whether any are out of date, duplicate other regulations, or are in conflict with the Code of Virginia. As a result of this review, the Board of Education determined that eight regulations should be repealed and has initiated the regulatory process to do so.

 

As part of its responsibility for amending or repealing its regulations, the Board of Education is required to develop a statement of administrative impact and projected cost to localities for complying with such regulations. The Board of Education is required to send a copy of the statement of administrative and fiscal impact to each division superintendent (Refer to '22.1-17 of the Code of Virginia.)

 

The administrative impact on the localities related to the repeal of the regulations listed below is insignificant and the fiscal impact is minimal. The rationale for repealing each regulation is listed below.

 

The following regulations are recommended for repeal because they either conflict with the Code of Virginia or have been superseded by the Code of Virginia.

 

8 VAC 20-140 Regulations Governing Retention Schedule for Uniform Pupil Accounting Records

This regulation sets the retention schedule for student records of achievement and attendance in the public schools. The Code of Virginia, '42.1-82, gives the Library of Virginia the authority to set the retention and disposition schedules for public records. Therefore, the Board of Education no longer has the authority to set its own schedules.

 

8 VAC 20-260 Regulations Governing Financial Records Retention and Disposition Schedule

This regulation sets the schedule for the retention and disposition of financial records in school divisions. The Code of Virginia, 42.1-82, gives the Library of Virginia the authority to set the retention and disposition schedules for public records. Therefore, the Board of Education no longer has the authority to set its own schedules.

 

The following regulations are recommended for repeal because the provisions are included in other Board regulations, the Code of Virginia, or the Standards of Learning.

 

8 VAC 20-200 Regulations Governing Diplomas--High School Completion

This regulation requires local school boards to award diplomas to students who meet the requirements prescribed by the Board of Education. The Standards of Quality (SOQ) require the awarding of diplomas to students who earn the credits prescribed by the Board of Education. The credits are prescribed in the Regulations for Establishing Standards for Accrediting Public Schools in Virginia, 8 VAC 20-131-50. Additionally, the Regulations Governing Adult High School Programs, 8 VAC 20-30-20, prescribe the requirements for an adult high school diploma, and the Emergency Regulations Governing the General Achievement Diploma, 8 VAC 20-680-10, prescribe the requirements for that diploma. Therefore, this regulation is no longer necessary.

 

8 VAC 20-380 Rules Governing Public School Construction

This regulation establishes the maximum loan available from the literary fund for school construction, the rate of interest, duration of loans, and requirements for the payment of a loan when the title to property is transferred. The provisions are now in the Regulations Governing Literary Loan Applications in Virginia, 8 VAC 20-100-10 through 8 VAC 20-100-40.

 

8 VAC 20-430 Regulations Governing Contractual Agreements with Professional Personnel

The provisions in this regulation are now in the Regulations Governing the Employment of Professional Personnel, 8 VAC 20-440-10 through 8 VAC 20-440-100. Therefore, 8 VAC 20-430 duplicates another regulation and is unnecessary to remain on the list of regulations.

 

8 VAC 20-470 Nurses, Physicians, and Therapist Standards

This regulation permits school divisions to employ school nurses, physicians, physical therapists, occupational therapists, and speech therapists, and to pay them from public funds. The Code of Virginia,

22.1-274, states that local school boards may employ school nurses, physicians, physical therapists, occupational therapists, and speech therapists under the same provisions as provided by the Board of Educations regulation. Since the code already permits school divisions to employ these personnel, and Board regulations are not required, this regulation may be repealed.

 

The following regulation is recommended for repeal because it is inaccurate and/or outdated.

 

8 VAC 20-400 Rules Governing Division Superintendents Salary and Expenses

This regulation was effective in 1980 and prescribes salaries for 1980-81 and 1981-82. The Standards of Quality, 22.1-253.13:2 E. of the Code of Virginia, provide that pursuant to the appropriations act, support services shall be funded from basic school aid on the basis of prevailing statewide costs. The term support services includes those services provided by the superintendent.

 

The following regulation is recommended for repeal because it is redundant or unnecessary.

 

8 VAC 20-480 Regulations Governing Pupil Rights and Hearings

This regulation was effective in 1980 and prescribes the process school divisions must use when a parent or eligible student wishes to challenge information in the students education record. Regulations implementing the Family Educational Rights Protection Act (FERPA), at 34 CFR 99.21 and '99.22, require that school divisions provide a hearing when the parent or eligible student wants to challenge the information in the record and details some of the process that must be followed. School divisions are required to adhere to the FERPA regulations by the Regulations Governing the Management of the Students Scholastic Record, 8 VAC 20-150. Since the provisions are required by the student records regulations, this regulation is redundant and unnecessary.

 

Persons may view the current text of each of the regulations proposed for repeal at the following website: http://leg1.state.va.us/000/reg/TOC08020.HTM.

If you have any questions, please contact Anne D. Wescott, assistant superintendent for policy and communications, at (anne.wescott@doe.virginia.gov) or (804) 225-2403.

 

JLD/ADW/mfm