COMMONWEALTH OF VIRGINIA

DEPARTMENT OF EDUCATION

P.O. BOX 2120

RICHMOND, VIRGINIA 23218-2120

SUPTS. MEMO NO. 155

July 11, 2008

INFORMATIONAL

TO:	Division Superintendents
FROM:	Billy K. Cannaday, Jr. Superintendent of Public Instruction
SUBJECT:	Transmittal of Statement of Administrative Impact and Projected Costs of Implementation for the Promulgation of the Proposed Regulations Governing Jointly Owned and Operated Schools and Jointly Operated Programs

 

As part of its responsibility for promulgating new regulations or revisions to existing regulations governing school divisions, the Board of Education is required to develop a statement of the administrative impact and projected costs of implementing and complying with such regulations. Moreover, the Board and the Department of Education are required to send a copy of the statement to each school division superintendent.

During the 2007 General Assembly Session, HB 2371, sponsored by Delegate Tata, was passed by the General Assembly and signed by the Governor. This bill amended 22.1-26 and 22.1-118 of the Code of Virginia and permits all joint school boards, by agreement and with the approval of their governing bodies, to designate a fiscal agent for a joint school from among the treasurers of the participating localities. In addition, this bill allows title to property acquired for a joint school to be vested in the school's governing body, with the approval of the participating school boards and the governing bodies. Joint schools include academic-year Governor's schools, alternative education centers, career and technical centers, and special education centers. HB 2371 requires changes in the Regulations Governing Jointly Owned and Operated Schools and Jointly Operated Programs (8 VAC 20-280-10 et seq.), the regulation that governs these schools and programs so that the regulation will comport with laws that went into effect July 1, 2007.

This regulation provides joint schools, joint programs, and joint school boards with guidance and operating procedures that support regional efforts to establish programs that meet the needs of their communities and ensure that these programs are managed appropriately and in a fiscally sound manner. The current regulation was adopted on or before September 1, 1980 and has not been amended since that time. However, it does not address changes that have been made in the operation of joint schools and joint programs since the initial regulation was written. The Board of Education approved the Notice of Intended Regulatory Action (NOIRA) for the proposed regulation on April 27, 2007, and the Virginia Register published the proposed regulation on June 23, 2008, in Volume 24, Issue 21.

Proposed Regulation

Because the proposed changes will be extensive, the current regulation will be repealed, and the new regulation will be promulgated bearing the number 8 VAC 20-281-10 et seq.

The proposed regulation addresses the following major elements:

 

• Addition of a definitions section for clarity.

 

• Revision of the second section of the regulation which includes all of the organizing and operating procedures, including membership, organization, board authority, authority of the division superintendent, annual budget and financing plan, and expenditures. Most of the headings/catchlines from the current regulation remain, but the language has been streamlined and is more user-friendly.

 

• Addition of the new language passed by the 2007 General Assembly (HB 2371) regarding the appointment of a fiscal agent and the holding of title to property.

Administrative Impact and Projected Costs of Implementation

The Virginia Department of Education and joint schools and programs across the state will be impacted by this proposal. Local school divisions may also be impacted. The projected costs for implementation of the changes recommended in this proposal are minimal. Please contact Michelle Vucci, director of policy, by e-mail at michelle.vucci@doe.virginia.gov or by phone at 804-225-2092 if you have any questions.

 

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