Superintendent’s Memo #123-13

State seal, Commonwealth of Virginia

Department of Education

May 10, 2013

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 Establishing Standards for Accrediting Public Schools in Virginia

As part of its responsibility for promulgating new regulations or revisions to existing regulations, pursuant to § 22.1-17 of the Code of Virginia, the Board of Education is required to develop a statement of the administrative impact and projected cost to school divisions related to implementing and complying with such regulations.  In addition, the Board and the Department of Education are required to send a copy of the statement to each division superintendent.

The Board is in the process of revising the Regulations Establishing Standards for Accrediting Public Schools in Virginia, (SOA) 8VAC20-131-5 et seq.  The SOA is designed to ensure that an effective educational program is established and maintained in Virginia's public schools.

The 2012 General Assembly passed, and the Governor signed into law, HB 1061 and SB 489, which amended § 22.1-253.13:4 of the Code of Virginia to strengthen postsecondary education and workplace readiness opportunities for all students, and to consolidate the Board approved diplomas.  Further, the legislation required the Board to promulgate emergency regulations to effect these changes.  The purpose of this regulatory proposal is to revise the SOA regulation to comport with the requirements of these bills.  The proposed emergency regulation was approved by the Board on June 28, 2012, and is scheduled to become effective June 5, 2013, for school year 2013-2014.

As proposed, the following changes will be made to the SOA so that it will comport with HB 1061 and SB 489:

When the Board promulgates the permanent regulation, it will have the opportunity to conduct a comprehensive review of the complete regulation.  A Notice of Intended Regulatory Action (NOIRA) to promulgate the permanent replacement regulation was filed at the same time as the emergency regulation.  A public comment period will open on May 6, 2013, and remain open through June 5, 2013, when the emergency regulation becomes effective.  The proposed regulation can be found at the following Web site:

Administrative Impact and Projected Costs of Implementation

It is anticipated that there will be little or no administrative costs related to consolidation of the diplomas.  However, to the extent that school divisions must provide additional services to meet the other new requirements, there could be a local fiscal impact.  Because any impact will depend on the current services offered in each division, the Department is not able to determine any fiscal impact at this time.

Please contact the Office of Policy at (804) 225-2092 or by e-mail at if you have any questions.