P.O. BOX 2120

May 28, 2002



Division Superintendents



Jo Lynne DeMary

Superintendent of Public Instruction



Reporting Requirements for State-Funded Remedial Programs



The General Assembly revised 22.1-199.2, Code of Virginia, to require the Board of Education to promulgate regulations that establish standards and reporting requirements for state-funded remedial programs. After board approval on January 14, 2002, regulation 8 VAC 20-630 was placed in the Virginia Register of Regulations on February 25, 2002, and became effective on March 28, 2002 (Attachment A).


Regulation 8 VAC 20-630 institutes a maximum pupil-teacher ratio for state-funded summer remedial programs; requires school divisions to submit a remediation plan, record and report specified data pertaining to their state-funded remedial programs, maintain an individual student record indicating the students expected remediation goal, and annually evaluate the success of those programs; and provides standards for state-funded remedial programs. After public comment, the regulation was amended to (i) broaden the definition of state-funded remediation programs as those programs defined in a school division's remediation plan that serve eligible students from state funding sources; (ii) permit the use of locally designed or selected tests in place of the Standards of Learning assessments, when applicable, to determine whether a student met the remediation goal; and (iii) permit individuals who work in the state-funded remedial program to work under the direct supervision of a licensed teacher in Virginia.


As indicated in Regulatory Superintendents Memo No. 1, March 15, 2002, Attachment A, changes to the fiscal year 2002-2003 budget (HB/SB30) adopted by the General Assembly restored language in the budget to provide flexibility in the use of Standards of Quality (SOQ) and Standards of Learning (SOL) remediation funds. School divisions may choose to use state payments provided for SOQ and SOL remediation as a block grant, without restrictions or reporting requirements, other than those that are necessary for determining funding for the program. The block grant language does not include state-funded remedial summer school programs.


The regulation requires school divisions to submit a remediation plan for approval by the Virginia Board of Education. If only non-state, SOQ, or SOL remediation funds are used for remedial programs, it will not be necessary to file a plan, but a certification statement will be necessary. The certification statement is included as Attachment B. The format for the plan is included as Attachment C.


Part I of the plan requires information pertaining only to remedial summer programs. If a school division intends to claim reimbursement for summer remedial programs using revenue from state funds other than SOQ or SOL remediation, Part I of this plan is required.


Part II of the plan requires information pertaining to remediation programs, other than remedial summer school, offered during the school year. Part II of the plan is required if state funds, other than SOQ or SOL remediation funds are used as sources of revenue for remedial programs.


This plan, in duplicate, should be submitted to the following address by June 28, 2002:


Virginia Department of Education

Attention: Kathleen M. Smith

Office of Elementary Instructional Services

P. O. Box 2120

Richmond, Virginia 23218-2120



As previously noted, the regulation also requires that a record be maintained for each eligible student who attends a state-funded remedial program. As required in the regulation, specific data related to state-funded remediation programs must be reported annually to the department. This report, due September 15, 2003, will include data for remediation programs held during the school year, as well as remedial summer school for 2002, which used state funds from sources other than SOQ or SOL remediation during the fiscal year 2002-2003. The department is currently developing an electronic form for this report. A draft copy of the report, a sample student record, and Attachments B and C are available in Word format at the following website by June 1, 2002:


Two technical assistance meetings will be provided by the departments divisions of Finance and Instruction: May 30, 2002, at the Southwest Virginia Higher Education Center (Abingdon), from

1-4 p.m.; and, June 19, 2002, at the Airport Hilton (Richmond), from 1-4 p.m. If you should have any questions regarding the implementation of this regulation, please contact Kathleen Smith (, remediation program specialist, at (804) 786-5819.