Superintendent's Memo #094-10

State seal, Commonwealth of Virginia

COMMONWEALTH of VIRGINIA
Department of Education

April 23, 2010

TO: Division Superintendents

FROM: Patricia I. Wright, Superintendent of Public Instruction

SUBJECT: Transmittal of "Statement of Administrative Impact and Projected Costs of Implementation" for the Promulgation of Amendments to the Proposed Regulations Governing Local School Boards and School Divisions concerning fees and charges, instructional materials and textbooks

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

The Board of Education is in the process of promulgating Regulations Governing Local School Boards and School Divisions, 8 VAC 20-720-10 et seq. This proposed regulation, approved by the Virginia Board of Education on March 18, 2010, incorporates the current Regulations Governing School Boards Local with the applicable requirements from other regulations so that local school boards and school divisions will have one regulation containing applicable regulatory requirements. Superintendent's Memorandum # 132-09, dated May 15, 2009, provided you with detailed information regarding this new regulation which has not yet become effective.

When the Regulations Governing Local School Boards and School Divisions, 8 VAC 20-720-10 et seq., become final, they will be amended to include 8 VAC 20-720-80, a section governing fees and charges, 8 VAC 20-720-160, a section governing instructional materials and 8 VAC 20-720-170, a section governing textbooks.

The section governing fees and charges will replace the Board of Education's Rules Governing Fees and Charges, 8 VAC 20-370-10, which were adopted on or before September 1, 1980, and have not been amended since that time. These regulations are out-of-date and in need of revision. The current regulations governing fees and charges will be repealed simultaneously with adoption of the addition to the Regulations Governing Local School Boards and School Divisions.

The Board of Education currently has three sets of regulations governing textbooks and one set of regulations governing instructional materials. The regulations governing textbooks are: Regulations Governing Textbook Adoption State Level (8 VAC 20-220), Regulations Governing Textbook Adoption Local Level (8 VAC 20-230), and Regulations Governing Textbook Fund Management and Handling on Local Level (8 VAC 20-270). The regulations governing instructional materials are: Regulations Governing Instructional Materials - Selection and Utilization by Local School Boards (8 VAC 20-170). All of these regulations were adopted on or before September 1, 1980, have not been amended since that time and are out-of-date.

The purpose of this proposal is to repeal the four current regulations and add two sections to the Regulations Governing Local School Boards and School Divisions governing instructional materials and textbooks. The current regulations governing instructional materials and textbooks will be repealed simultaneously with the adoption of the addition to the new Regulations Governing Local School Boards and School Divisions.

The new sections governing fees and charges, instructional materials and textbooks will not become effective until after the Regulations Governing Local School Boards and School Divisions become final.


Administrative Impact and Projected Costs of Implementation

The revision and addition of these sections to the Regulations Governing Local School Boards and School Divisions is expected to have a minimal to no fiscal or administrative impact on school divisions because these sections incorporate requirements that are already in effect, eliminate requirements that are no longer needed and ensure that the regulations comport with recent changes to the Code of Virginia. Additionally, these sections will provide school divisions with revised up-to-date regulatory requirements along with increased flexibility in carrying out required actions.

Should you have any questions about this regulation, please contact the Office of Policy at (804) 225-2403 or by e-mail at policy@doe.virginia.gov.

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