P. O. BOX 2120
June 4, 1999


TO: Division Superintendents
FROM: Paul D. Stapleton
Superintendent of Public Instruction
SUBJECT: Standards of Learning (SOL) Remediation/Summer 
The Board of Education has been informed that there 
appears to be considerable confusion regarding state 
requirements applicable to SOL remediation and 
particularly summer school attendance.  This memo 
attempts to clarify this issue for school divisions and 

The Standards of Quality (SOQ), in  22.1-253.13:1 C, 
Code of Virginia, require that any student who does not 
pass the literacy tests or all of the SOL assessments in 
grades three, five, and eight must attend a summer school 
program or participate in another form of remediation 
chosen by the division, as appropriate for the academic 
needs of the student.

Section C also includes the provision that local school 
boards shall develop and implement programs of 
prevention, intervention, or remediation for students who 
are educationally at-risk.  The term "educationally at-
risk" has not been defined by the Board or the Department 
of Education, but the Code indicates that students whose 
scores are in the bottom national quartile on Virginia 
State Assessment Program Tests, those who do not pass the 
Literacy Passport Test, or those who fail to achieve a 
passing score on any SOL test in grades three, five, and 
eight are included in this category.  The standard goes 
further to state that such programs may include summer 
school for all elementary and middle school grades and 
for all high school academic courses.

This provision also stipulates that the division 
superintendent shall require such students to take 
special programs of prevention, intervention, or 
remediation which may include attendance in public summer 
school programs.  The school division decides which type 
of program is appropriate for the students.  This 
provision does not require that all children must receive 
the same duration, intensity, or type of prevention, 
intervention, or remediation program. A program of 
remediation is one of three options to address the needs 
of these students, under this provision of the standard. 
The standard also permits this requirement to be 
satisfied if the student's parent selects a program of 
prevention intervention, or remediation that is conducted 
by an accredited private school or a program that is 
considered by the division superintendent to be 
comparable to the public school program.

Students who fail all of the SOL tests in grades three, 
five, and eight are the students who must receive 
remediation.  With reference to when such remediation 
must be provided, the Standards of Quality do not address 
this issue except to indicate that summer school is an 
option.  A number of other options for remediation are 
available, including remediation instruction provided 
anytime beyond the minimum requirement of 5.5 
instructional hours per day.

If you have any questions regarding this information, 
please contact Tom Shortt, assistant superintendent for 
accountability, or Charles Finley, director of 
accreditation, at (804) 786-9421.