School Reopening Frequently Asked Questions – Updated January 14, 2021

School Reopening

On January 14, 2021 Virginia released updated and consolidated Interim Guidance for Re-opening PreK-12-This is a PDF document.. This new document incorporates and replaces the Phase Guidance for Virginia Schools (last updated July 2020) and the Interim VDH Guidance for Mitigation Measures in K-12 Settings (last updated October 2020) previously issued by the Commonwealth.

VDH and VDOE recommend that schools use the CDC Indicators for Dynamic School Decision-Making framework together with the VDH/VDOE Interim Guidance to assess the risk of introduction and transmission of SARS-CoV-2 in schools, to help inform decisions about school operations, and to implement necessary mitigation strategies.

Key updates to the guidance include:

Consideration of the “Level of School Impact,” for schools that previously have been open for in-person instruction. This includes a description of how schools can assess the level of COVID-19 impact to a particular school.
A decision matrix to help decision makers understand how to consider multiple factors in decision making.
A step-by-step guide to thinking through school program decisions and the factors to consider

A school division’s capacity to successfully implement mitigation strategies AND local community disease data should be factored into school operations plans. The three CDC core indicators serve as a starting point to make determinations on what to do in a school or division but should not solely dictate the decisions that school divisions make to best serve their communities. As local school and health leaders evaluate and adjust instructional offerings in 2021, they must carefully balance the risks associated with operating during a pandemic and the long-term effects of students not attending school in person.

This updated framework serves as the most up to date guidance for Virginia schools to use as they plan for reopening schools in 2021. These recommendations should be implemented in accordance with existing Executive Orders, Department of Labor and Industry Regulations and Standards, and in partnership with local public health officials. Ultimately, school reopening decisions remain at the discretion of local education policymakers.

Governor’s Executive Orders - December 10, 2020

On Thursday December 10, 2020 Governor Ralph S. Northam signed Executive Order 72 (EO 72) and announced new statewide measures to contain the spread of COVID-19. EO 72 replaces Executive Orders 67 and 63 last updated by Governor Northam on November 13, 2020. Below are frequently asked questions on EO 72.

Executive Order 72 – Replacing Amended EO 67 and Amended EO 63

Amended Executive Order 67 - 10 Person Social Gathering Limit

Do public and private schools fall under the 25 person gathering limit? (EO 67, updated 11.13.2020)
1. The gathering limit does not apply to “educational instructional settings.” This includes classrooms, buses, cafeterias and recess held on school grounds. The presence of 10 individuals “performing functions of their employment” does not fall under the gathering limit either.
  Per EO 72, "a “gathering” includes, but is not limited to, parties, celebrations, or other social events, whether they occur indoors or outdoors.” Therefore, gatherings under this definition on school grounds are prohibited. (PDF)
Do school sports fall under the 10 person gathering limit? (EO 72, issued 12.10.2020)
1. No, sports fall under a different section of EO 72. No more than 25 spectators “per field” (or court) may attend indoor athletic competitions. For sports played outdoors, spectators are limited to two guests per player. Spectators do not include coaches or officials, and spectators must wear face coverings at all times.
Can our school or division bring in more than 10 students for assessment purposes?
1. Yes, bringing students in for assessment purposes does not constitute a “gathering” under EO 72. Mitigation measures should be implemented for such activities.
Do child care settings fall under the 10 person gathering limit? (EO 72, issued 12.10.2020)
1. The gathering limit does not apply to “educational instructional settings.” This includes child care settings. Per EO 72, “a ‘gathering ’ includes, but is not limited to, parties, celebrations, or other social events, whether they occur indoors or outdoors.” Therefore, gatherings under this definition in child care settings are prohibited.
Are school board meetings impacted by the 25 person gathering limit?
1. No, these meetings are not considered gatherings under EO 72but rather, are operations of government and are therefore exempt.

Amended Executive Order 63- Mask Mandate for Children Aged 5 and Older

Do children 5 and older have to wear masks in school or child care? (EO 72, issued 12.10.2020)
1. Yes, under EO 72, children age 5 and older must wear cloth face coverings if they are in “an indoor setting shared with others” or if they are outdoors and cannot maintain six feet of distance from others.
  
  The EO does not provide relief to the mask wearing mandate even when 6 feet of physical distancing is accomplished indoors; therefore masks should be worn by students even when 3 or 6 feet from others inside during the day. This is because the layering of strategies (such as masks and distance and hand hygiene) better mitigate against the risks of transmission of COVID-19 that any of those strategies alone. This provides the safest possible in-person learning experience for students and staff.
  
  Exceptions are made for students with medical conditions or disabilities, for whom wearing a mask would pose a threat to their health or safety. Exceptions are also made for those communicating with the hearing impaired.
  
  Additionally, the EO provides that students may remove masks when playing a musical instrument if 10 feet of distance is maintained; or when eating, drinking or exercising.
Do students or staff need documentation from a medical professional for an exemption to the mask mandate?
1. In section D, the EO states that “any person who declines to wear a face covering because of a medical condition shall not be required to produce or carry medical documentation verifying the stated condition nor shall the person be required to identify the precise underlying medical condition.” Medical documentation for mask exemptions is not recommended by public health officials at this time, though local schools may consider more nuanced policies and procedures.
What about 4 year olds in preschool settings in our school building?
1. This is recommended by the CDC, but is not required under EO 72. The CDC continues to recommend that anyone “age 2 and older should wear masks in public settings and when around people who don ‘t live in their household.”
  EO 72 does not require children between two and four wear masks, however, it does note that adults should use the “best judgment with respect to placing face coverings on a minor between the ages of two through four while inside public areas,” including schools. Local division policy should address preschool students.
Does this change anything for staff or other adults wearing masks in schools?
1. EO 72 requires that masks be worn when individuals are in “an indoor setting shared with others” or “when outdoors and unable to maintain at least six feet of physical distance from other individuals who are not family members.” As an example, teachers should wear masks when they are indoors in classrooms with students or in meetings with other staff. Teachers in a classroom by themselves do not need to wear their masks.
Does the mask mandate apply to school board meetings?
1. Yes, the mandate applies to attendees, staff and school board members alike. Governmental meetings are not exempt from the mask mandate.

CDC and VDH Guidance

What Guidance should schools follow when considering whether to provide or continue in person instruction?
1. On January 14, 2021 Virginia released updated and consolidated Interim Guidance for Re-opening PreK-12-This is a PDF document.. This new document incorporates and replaces the Phase Guidance for Virginia Schools (last updated July 2020) and the Interim VDH Guidance for Mitigation Measures in K-12 Settings (last updated October 2020) previously issued by the Commonwealth.
  
  VDH and VDOE recommend that schools use the CDC Indicators for Dynamic School Decision-Making framework together with the VDH/VDOE Interim Guidance to assess the risk of introduction and transmission of SARS-CoV-2 in schools, to help inform decisions about school operations, and to implement necessary mitigation strategies.
Can schools reopen if teachers and staff are not yet vaccinated?
1. Teachers and school staff are considered part of Phase1B and are now eligible for the COVID-19 vaccine in some parts of Virginia. The January 2021 Interim guidance does not require staff to be vaccinated before schools offer in-person instruction.
Should schools test or screen students or staff for COVID-19 symptoms?
1. The CDC revised its guidance for K-12 schools regarding the symptom screening of students. The CDC does not currently recommend universal symptom screening for K-12 schools. Parents or caregivers should be strongly encouraged to monitor their children for signs of infectious illness every day and keep them home when they are sick. The CDC has created a helpful checklist-This is a PDF document. for parents to use at home.
  
  Screening procedures are available for students and staff who arrive with or develop symptoms during the course of the day. The Operations Section of the Recover, Redesign, Restart guide provides detailed considerations (PDF) for schools in developing such policies. Sample health screenings-This is a Word document. and sample health entrance questionnaires are available from VDOE in English-This is a Word document. and Spanish-This is a Word document..
What should schools do if an individual is experiencing flu-like or COVID-19 symptoms?
1. If an individual answers YES to any of the screening questions at or before arriving at school, they should stay home and not enter the building. If a student or employee experiences symptoms of COVID-19 while at school, move the individual out of the classroom or group setting, isolate in a predetermined location, and inform the school nurse or school health staff member. School health staff must wear personal protective equipment (PPE), including N-95 face mask or surgical face mask, goggles and gloves before entering into the room to evaluate the individual. Call the parent or family member of the student/employee to pick up and take home, refer to a healthcare provider for evaluation and 10 days of isolation before returning to work or school. If symptoms persist or worsen they should contact their healthcare provider. If there is a confirmed case of COVID 19 in a school, the local health department will work closely with school administrators to determine a course of action for their schools. Schools should follow the CDC Interim Guidance for K-12 for schools and use the School Decision Tree to determine school closing in collaboration with the local health department. Schools should follow CDC/EPA guidelines for cleaning/disinfecting of space or CDC, Everyday Steps, Steps When Someone is Sick, and Considerations for Employers (PDF). The VDH will work closely with the school to make environmental cleaning recommendations, conduct contact tracing, and investigate any potential exposures.
  
  Recent updates in the VDH Algorithm will help school staff with the evaluation of student symptoms or exposure, VDH Algorithm for Evaluating a Child with COVID-19 Symptoms or Exposure: 1-pager, 2-pager (10/9/20)
What can schools do to protect vulnerable students and employees from COVID-19?
1. Based on currently available information and clinical expertise, older adults and people of any age who have serious underlying medical conditions might be at higher risk for severe illness from COVID-19. Parents of children who are medically fragile or have one or more chronic conditions should check with their health care provider about school attendance. In addition, employees that meet the criteria listed for ‘higher risk’ populations should check with their healthcare provider before returning to work. The Governor’s phase guidance for public schools recommends remote learning and teleworking options be made available to students and staff that fall into this category.
What should schools do if a student or staff member is exposed to a COVID-19 positive person?
1. The CDC provides guidance for people exposed to others with known or suspected COVID-19. Public health recommendations have been updated (December 2020) to accommodate new scientific evidence, evolving epidemiology, and the need to simplify risk assessment.
  
  As a result, the Virginia Department of Health has created a useful tool for schools to determine when a student or employee who was exposed to or received a lab-confirmed diagnosis of COVID 19 can return to work or school. This infographic provides clear, concise parameters for return to school/work with or without formal COVID testing; and when quarantine can end for those exposed.
  In summary, the VDH recommends the following:
  - People who have had close contact with someone with COVID-19 should monitor for symptoms and follow all recommended non-pharmaceutical interventions (e.g., wear a mask, avoid crowds, follow social distancing, and wash hands frequently) for 14 days after the last exposure.
  - VDH and CDC recommend that close contacts quarantine (stay home) for 14 days after their last exposure. This is the safest option. If people choose to end quarantine early, there are 2 options:
  Additional resources are available from the VDH online.
What guidance is there related to the cleaning of school buildings?
1. Reducing the risk of exposure to COVID-19 by cleaning and disinfection is an important part of reopening schools that will require careful planning. The CDC has developed reopening guidance for cleaning and disinfection schools, a cleaning and disinfection decision tree-This is a PDF document., and an infographic on cleaning your facility when someone has been diagnosed with COVID-19-This is a PDF document..
What can schools do to minimize the spread of COVID-19?
1. Encourage students and staff to take everyday preventive actions to prevent the spread of respiratory illnesses. These actions include staying home when sick; appropriately covering coughs and sneezes; cleaning and disinfecting frequently touched surfaces; and washing hands often with soap and water. If soap and water are not readily available, use an alcohol-based hand sanitizer with at least 60% alcohol. Always washI hands with soap and water if they are visibly dirty. Remember to supervise young children when they use hand sanitizer to prevent swallowing alcohol.
  
  Additional questions for the Virginia Department of Health related to COVID-19 can be emailed to respiratory@vdh.virginia.gov.
What should schools consider before purchasing hand sanitizing products?
1. The Food and Drug Administration (FDA) has warned consumers to avoid certain hand sanitizer products due to the potential presence of methanol, a substance that can be toxic when absorbed through the skin or ingested.
  
  Products made by Saniderm and UVT:
  - The UVT hand sanitizer labeled with lot number 0530 and an expiration date of 04/2022.
  - The Saniderm Products hand sanitizer labeled with lot number 53131626 and “Manufactured on April/1/20.”
  Products made by Eskbiochem:
  - All-Clean Hand Sanitizer (NDC: 74589-002-01)
  - Esk Biochem Hand Sanitizer (NDC: 74589-007-01)
  - CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-008-04)
  - Lavar 70 Gel Hand Sanitizer (NDC: 74589-006-01)
  - The Good Gel Antibacterial Gel Hand Sanitizer (NDC: 74589-010-10)
  - CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-005-03)
  - CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-009-01)
  - CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-003-01)
  - Saniderm Advanced Hand Sanitizer (NDC: 74589-001-01)
  Substantial methanol exposure can result in nausea, vomiting, headache, blurred vision, permanent blindness, seizures, coma, and permanent damage to the nervous system or death. Although all persons using these products on their hands are at risk, young children who accidentally ingest these products and adolescents/adults who drink these products as an alcohol (ethanol) substitute, are most at risk for methanol poisoning.
  
  Do not use these products in the school setting. Schools are encouraged to check supplies ordered through vendors for products with these names or lot numbers. If you have questions, please check with the vendor where these supplies were purchased.
What do schools need to know about contact tracing?
1. VDH has issued guidance on contract tracing specific to child care and PreK- 12 schools, which is available online here. CDC states that “Case investigation is the identification and investigation of patients with confirmed and probable diagnoses of COVID-19, and contact tracing is the subsequent identification, monitoring, and support of their contacts who have been exposed to, and possibly infected with, the virus.” Contact tracing will be conducted by local health departments, and may require collaboration with schools. School divisions should have open lines of communication with local public health departments in preparation for collaboration on contact tracing.
What is the definition of exposure in a school setting?
1. The definition of exposure is the same for every setting and every type of classroom. When assessing a person’s risk of exposure to COVID-19, close contact means being within 6 feet of a person with COVID-19 while not wearing adequate personal protective equipment for ≥15 minutes. If someone is within six feet of a person with lab-confirmed COVID-19 for 15 minutes or more at a time, that person is considered to have been exposed.
When are classroom or school closures triggered?
1. These decisions need to be made on a case-by-case basis and in consultation with the local health department. The size of the class, extent of social distancing in place while the ill persons were present and infectious, extent of interaction and exposure in the area, and location of the case(s) in the class need to be assessed to determine the potential risk to others. Recommendations will be based on these assessments of risk and how instruction can continue in as safe a manner as possible.
How do you determine when a school should close, and if so, for how long after a case is detected in the school population?
1. Schools should notify their local health department when outbreaks of COVID-19 in the school population are suspected or confirmed. Schools should work with their local health departments when cases of COVID-19 occur in teachers, staff, or students. Areas of the school where ill individuals spent time while infectious might need to be closed temporarily for cleaning and disinfection while unaffected areas continue to function as usual. Decisions about closure of a section of the school or the entire school will depend on the number of ill persons who have been sent home for a period of isolation and the number of exposed contacts who have been identified and placed into quarantine. The extent of the school facility and teaching staff affected by these factors will be a factor in determining whether educational services can continue to be provided.
When should notifications (letters) be sent to the entire school community? Specifically:
1. Positive case but no exposures in school-This is a Word document.
2. Positive case with exposure in schools-This is a Word document.
  Schools should determine their communication protocols in advance of opening for the new school year. Notification of teachers, staff, and parents of a laboratory-confirmed case of COVID-19 associated with the school is recommended. Notifications need to be done in a way that protects the confidentiality of the ill individual and clearly explains what the school is doing in response to the diagnosis and what the recommendations are for teachers, staff, and parents. Regular updates following an initial notification would be expected, whether or not additional cases are identified. Teachers, staff, and parents should be kept apprised of developing situations in which more cases are found and more stringent measures are planned in the school to prevent disease. The frequency of notifications may depend on how a situation is evolving. For example, it might be that notices would be sent out for the first several cases individually, but then cases could be grouped into situation updates, or posted on an internal school webpage accessible to parents and staff, if the frequency of occurrence of new cases increases rapidly. Schools should work with their local health department to plan the more detailed personal communication that will be needed for parents whose children have been identified as being a close contact of a person with COVID-19 and to discuss any questions about ongoing communications with the school and greater community.
When can someone return to school after recommended isolation or quarantine?
1. The Virginia Department of Health follows CDC guidelines for when isolation for COVID-19 can end and also provides information on the differences between isolation and quarantine-This is a PDF document.. The Virginia Department of Health (VDH) has provided new guidance When should a student stay home from school or child care booklet. This booklet also includes information about when students may return to the school setting.
Have immunizations been waived for students during the pandemic?
1. The requirement to provide proof of immunization has not been waived. Section 22.1-271.2 of the Code of Virginia requires that, prior to admission, any student admitted for the first time must provide documentary proof of immunization.
  
  Families are encouraged to make appointments with their pediatrician or primary care provider now to avoid any delay in admission. This is particularly important, as data suggests that rates of routine childhood immunizations have dropped during the pandemic.
What is the best way to monitor the staff and students?
1. Schools should strongly encourage families, faculty and staff to self-monitor their signs/symptoms and stay home when ill. If possible, schools can also conduct active daily health screenings for staff and students. These should be done safely and respectfully, in accordance with privacy laws. Encourage symptomatic individuals to stay home and seek care as appropriate.
  
  Health screenings can be achieved via different methods; a school should decide what works best for their community (e.g. via apps or screening questionnaires). Sample school health screening tools can be found on the DOE website. School staff (as well as bus drivers) should observe students throughout the day and refer students or faculty/staff who may be symptomatic to the school healthcare point of contact.
  
  If a school is implementing active daily symptom monitoring/screening, schools can use different methods, including attestations by parents from home each morning, to screening by bus drivers, to screening upon arrival at the school, etc. Parents could report at-home temperatures and absence of symptoms using a paper form or an electronic means, as defined by each school. If more formal screening programs are implemented, schools should consider records retention requirements-This is a PDF document. when deciding how to keep track of daily health screening. At a minimum, all staff and teachers should self-monitor for symptoms, following VDH’s recommendations for employee screening.
  
  If conducting active screening on premises that includes temperature checks, personnel conducting the screening need to be aware that screening out of doors during warm weather days can artificially inflate temperatures. Schools should determine which means of screening works best for them. In lieu of temperature checks and symptom screening being performed after arrival to school, methods to allow parent report of temperature checks done at home may be considered.
What should be done with students who do not have their daily health screening filled out/ received by the school?
1. Schools should have a plan in place to screen and monitor students, staff, and teachers daily. Some might have parents fill out a form from home before the child leaves each morning to document the temperature and attest to the absence of symptoms of COVID-19. In addition to that, bus drivers, administrators, staff, and teachers need to be prepared to visually check and monitor throughout the day for signs of fever, to take temperatures using a no-touch thermometer, to detect other symptoms of the disease, and to know what actions are expected if anyone is suspected to have the illness. Procedures for reporting illness and referring to an isolation area need to be clearly communicated.
Should face shields be used instead of face masks?
1. Staff and students (as medically and developmentally appropriate) should wear a cloth face covering, especially when six foot distancing cannot be maintained. CDC and VDH recognize that wearing cloth face coverings may not be possible in every situation or for some people. Per CDC, adaptations and alternatives should be considered whenever possible to increase the feasibility of wearing a cloth face covering or to reduce the risk of COVID-19 spreading if it is not possible to wear one.
  
  Face shields that cover the front and sides of the face and go below the chin may be considered as an alternative for those who have trouble using a cloth face covering but do not have trouble with a face shield. Face shields can provide a partial barrier to respiratory droplets and may be considered in classroom environments or situations where the cloth face covering may interfere with teacher instruction (e.g. teaching deaf or hard of hearing students, or situations in which itis important to see an instructor’s lips or facial expressions, such as teaching a language), in combination with physical distancing. CDC states that it is not known if face shields provide any benefit as source control to protect others from the spray of respiratory particles. In general, CDC does not recommend use of face shields for normal everyday activities or as a substitute for cloth face coverings.
Are plexiglass barriers acceptable alternatives to six feet of physical distance?
1. Plexiglass barriers are not an alternative to physical distancing but may be used to complement other distancing methods. In some work settings where individuals are in close contact for prolonged periods of time (e.g., manufacturing), physical barriers such as plexiglass dividers have been used in combination with physical distancing and other controls, to separate workers from each other. It is unknown what level of protection they may afford in a school setting.
  
  The most important ways to prevent the spread of the virus that causes COVID-19 are through monitoring for symptoms and staying home when ill, maintaining physical distance, wearing cloth face coverings, and practicing hand hygiene. Installing plexiglass barriers in every class is not always practical, but if done, there are certain places within the school where they might be used to provide protection. Examples include behind the driver's seat on a school bus, at the reception desk in the office, between sinks in bathrooms, or to block off an area of a classroom to care for special medical needs. Schools are encouraged to identify areas where physical distancing is not possible and high contact is likely to occur and determine whether plexiglass barriers might be beneficial in those spaces.
Can elementary schools use playground equipment? If so, how often does equipment need to be disinfected?
1. Yes. The size of groups gathering outdoors and the mixing of classrooms on the playground should be limited, as noted in Governor Northam’s Phase Guidance for Virginia Schools. Routine maintenance of outdoor playgrounds is sufficient. Equipment with high-touch surfaces, such as railings, handles, etc, should be cleaned and disinfected regularly. Children should practice hand hygiene before and after going to the playground.
Instrumental and Choral groups/classes produce significantly additional respiratory droplets. Can you provide some more specific guidance in these areas to support having these opportunities?
1. Information regarding Best Practices for Fine Arts Programming can be found at the Virginia Department of Education (VDOE) Recover, Redesign, Restart 2020 Web Page under the Instruction heading.
What is the AAP (American Academy of Pediatrics) Guidance?
1. The AAP, a national association of pediatricians, issued guidance for communities to consider as they make decisions about school reentry. The full guidance can be found online here. The AAP guidance is referenced in the July version of the Virginia Phase Guidance for PreK-12 Schools.
Will the schools be providing medical-grade PPE for all staff members and students along with guidelines on how to use it?
1. CDC does not recommend medical grade PPE for all school staff, but limits the recommendation for use of medical grade PPE to school health staff who may interact with individuals who are or become ill with COVID like symptoms. This is due to the supply chain challenges the nation is currently facing, and the efficacy of cloth face coverings in public settings. The decision for school staff or students to wear face masks/covering while in school is made at the local level. Designated school health staff will have access to training and guidance on how to appropriately use PPE.
Will there be a clear and thorough notification system for those exposed to anyone who tests positive for the virus (contact tracing)?
1. The VDH has developed guidance for schools parents and child care on contact tracing-This is a PDF document. and local public health departments and school divisions are working together to ensure protocols are followed and individuals are properly notified through this process.
Will students or staff who exhibit symptoms be required to show a negative COVID-19 test to return to school or work?
1. The CDC and VDH does not recommend requiring a negative COVID-19 test in order for students or staff to return to school, instead only those who have met the CDC criteria for return to school should do so. The VDH created a release from isolation or quarantine guide to determine when those exposed to or diagnosed with COVID-19 can return to work or school.
Will there be protocol for sick students?
1. CDC and VDH strongly recommend that all schools develop protocols and isolation rooms for any individual who arrives or becomes ill at school during the day. Individuals are encouraged to monitor their own health and not attend school if they are not well. School divisions are required to include this component of planning in the health plan they submit to the VDOE before reopening.
When can individuals with symptoms of COVID 19 discontinue home isolation?
1. The Center for Disease Control recently (7/17/20) updated information on when isolation for people with COVID 19 symptoms recovering at home or other non-health care setting can be discontinued. Those individuals isolating due to COVID 19 can now discontinue isolation if fever-free without use of fever reducing medication for at least 24 hours and with improvement in symptoms associated with COVID 19. This is a change from the previous requirement of being fever free without use of fever reducing medication for 72 hours and improvement of respiratory symptoms.
  
  COVID 19 symptoms may include: fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headaches, a new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting and diarrhea. This guidance is based on available information about COVID-19 and subject to change as additional information becomes available.
What symptoms or considerations do parents need to address as part of the home screening process?
1. The Centers for Disease Control (CDC) has created a checklist as a helpful tool for parents to use to evaluate their child’s health and ability to attend school. The checklist includes a symptom checker and addresses potential contact or exposure to those with COVID. If your child is unwell, please contact your healthcare provider.
What things should parents consider before making a decision to attend school virtually or in-person?
1. Many parents, caregivers, and guardians face new and difficult choices about how their child will return to school in the fall, such as deciding between in-person and virtual learning. The Center for Disease Control (CDC) has designed a tool to help parents, caregivers, and guardians weigh the risks and benefits for consideration in order to make this decision making process easier. It is organized to provide parents and caregivers with general information on COVID-19, and options to consider for virtual, in person and hybrid options, if offered. For many families, back to school planning will look different this year than it has in previous years. Your school will have new policies in place to prevent the spread of COVID-19. You may also be starting the school year with virtual learning components. The CDC has developed checklists that are intended to help parents, guardians, and caregivers, plan and prepare for the upcoming school year.
Have physicals for kindergarten and elementary been waived for students during the pandemic?
1. The requirement to provide a physical has not been waived. Section 22.1-270 of the Code of Virginia states that apublic kindergarten or elementary school in a school division unless such pupil shall furnish, prior to admission, (i) a comprehensive physical examination meeting certain criteria and performed within the 12 months prior to the date such student first enters such public kindergarten or elementary school or (ii) records establishing that such student furnished such report upon prior admission to another school or school division and providing the information contained in such report. Physicals are required to be completed prior to admission regardless of whether a division is providing in person, hybrid or fully remote instruction.
  
  However, in cases where the date of school reopening has been delayed for the 2020-2021 school year, the Superintendent of Public Instruction has provided a relief measure that allows a first-time public kindergarten or elementary school pupil to be admitted if such student can furnish, prior to admission, a comprehensive physical examination that was performed within the 12 months prior to the originally scheduled school reopening date.
Are school divisions still required to perform vision and hearing screens in the 2020-2020 school year?
1. The Superintendent of Public Instruction has waived the requirement in 8VAC20-250-10 that the hearing of pupils in grades K, 3, 7, and 10 be screened within 60 administrative working days of the opening of school. However, such schools must still provide hearing screens in the 2020-2021 school year and the scheduling of such hearing screens shall be completed no later than the 60th administrative working day of the school year.
  
  Vision screenings shall still be scheduled no later than the 60th working day of the school year and conducted at any time during the school year, per the requirement in §22.1-273.
How can school divisions address challenges with utilizing health mitigation strategies effectively?
1. The Centers for Disease Control and Prevention (CDC) recognizes that wearing masks may not be possible in every situation or for some people. In some situations, wearing a mask may exacerbate a physical or mental health condition, lead to a medical emergency, or introduce significant safety concerns.Adaptations and alternatives should be considered whenever possible to increase the feasibility of wearing a mask or to reduce the risk of COVID-19 spreading if it is not possible to wear one.
  
  The CDC has also provided resources that can support individuals with disabilities and those who serve or care for them make decisions, protect their health, and communicate with their communities. Direct Service Providers include personal care attendants, direct support professionals, paraprofessionals, therapists, and others. They provide a wide variety of home, school and community-based, health-related services that support students with disabilities. These staff should follow everyday prevention actions when working with individuals in any setting. Some providers will require additional safeguards when working in close proximity (less than 6 feet for more than 15 minutes with students). The CDC provides guidance for these circumstances in guidance for standard and transmission-based precautions and this information may be useful information for divisions to consider.
Are teachers and day care workers required to wear face coverings?
1. Yes. The Virginia Department of Labor and Industry (DOLI) has adopted Emergency Temporary Standards that requires the use of cloth face coverings by day care workers and teachers.
  
  On page 12 of the regulations, daycares, after school programs, and on-campus educational settings in schools are identified as the medium exposure risk category settings. Page 37 explains the requirements for face coverings for the medium-risk exposure category: “Require employers to provide and employees to wear face coverings who, because of job tasks, cannot feasibly practice physical distancing from another employee or other person if the hazard assessment has determined that personal protective equipment, such as respirators or surgical/medical procedure masks, was not required for the job task.. Require employers to provide and employees in customer facing jobs to wear face coverings.”
  
  For instructional purposes, teachers may remove their face covering when they are further than 6 feet from any other individual.
Are students or staff with COVID-19 allowed in school buildings? When may they return?
1. Schools are required to commed case of COVID-19.
Where can I find information for school health staff and school nurses regarding COVID-19 in Schools?
1. The Virginia Department of Education has COVID Specific Information for school health staff on its School Health Services webpage. The Virginia Department of Health has school nurse specific guidance, assessment tools and information available at K-12 Guidance for School Nurses.

School Budget and Finance

If we use federal funds to pay an employee and they are not working, but continue to be paid, can we claim this as a reimbursement?
1. Divisions should apply their employee compensation policies and procedures consistently for federally funded and non-federally funded employees. To the extent practicable, employees paid with federal funds should continue to work remotely on allowable grant activities or should be paid under the division’s established paid leave policy. If staff are not working during an emergency closure and non-federal funds are used to pay non-federally funded staff, federal funds may be used to pay federally-funded staff in the same manner.
Are there any impacts to sales tax revenues?
1. Given the potential change in economic conditions, it is important that school divisions continue to closely monitor their semi-monthly sales tax payments. Sales tax revenues are delayed by a 2-month period of time to school divisions, from the month of sale to month of payment. With that being said, potential revenue impact to school divisions will likely be felt beginning in April or May 2020 and continue into the next fiscal year. Closely monitoring sales tax payments and making necessary adjustments to your revenue projections is important moving forward. Determination of impacts to FY20 will vary based on the division decision to accrue one- or two-month accrual of sales tax. Additionally, at this time we are awaiting a sales tax reforecast to determine the impacts on FY21 budgets. This reforecast is anticipated to occur in the Fall. As soon as we have any updates related to sales tax we will share with divisions.
School divisions have been attempting to purchase cleaning supplies such as disinfecting wipes. There is a great deal of price gouging. Is there any talk of helping curtail this predatory behavior?
1. The VDH has been getting similar reports from multiple sectors. The VDH is working on procuring supplies and identifying strong supply chains. Once they have this information, it will be communicated to other government agencies. In addition, Governor Northam’s State of Emergency declaration triggered a law meant to prevent price gouging in the 30 days following that announcement like this. This legislation prohibits suppliers from charging “unconscionable prices” for “necessary goods and services,” including water, ice, food, cleaning products, hand sanitizer, medicines and personal protective gear. As a resource to school divisions, VDOE has compiled a list of vendors offering COVID-19 related supplies. Refer to Procurement for the list. VDOE does not endorse any products or vendors included in the file; it is provided only as a resource to school divisions. School divisions are required to conduct their own due diligence and follow local procurement requirements prior to procuring products from any vendor listed.
What are allowable Federal Emergency Management Agency (FEMA) expenses?
1. VDOE has requested information from the Virginia Department of Emergency Management (VDEM) regarding allowable FEMA expenses due to COVID-19. VDEM is the state agency liaison to FEMA in Virginia. Local governments and school divisions are reimbursed from FEMA for qualifying disaster-related costs under the Public Assistance program. Carefully maintaining detailed cost and accounting documentation is critical in the FEMA reimbursement process. School divisions may seek FEMA reimbursement as a standalone entity, or do so in conjunction with the city-county local government. Please note that the FEMA reimbursement process can take a significant amount of time for completion. Based on information received, the following are examples of expenses that are allowable under FEMA provisions:
  
  Purchase and distribution of food, water, ice, medicine, and other consumable supplies, to include personal protective equipment and hazardous material suits. Costs to sanitize school buildings that meet a certain dollar threshold are also eligible. With regard to meal reimbursement, FEMA would need to have documentation on what costs were above and beyond what was reimbursed from USDA school meals funding, how many meals were served, whether the meals were served on school sites or delivered, who was served, regular staff time versus staff overtime, etc. In terms of transportation costs, use the FEMA equipment rates for the vehicles used.
  
  There are also helpful resources on the VDEM website to track these costs see FEMA reimbursement job aids. This site also includes other helpful information and resources on the FEMA Public Assistance program.
Should divisions consider furloughs of teachers this year?
1. The Department strongly encourages every division to avoid furloughs if at all possible. We encourage divisions to strive, in consultation with their school boards, division attorneys and human resource professionals, to fully employ and accommodate the needs of staff in any way possible during this public health crisis.
Are construction and renovation costs an allowable use of the ESSER LEA formula funds?
1. Yes. Because ESSER funds may be used for “any activity authorized by the ESEA,” and construction is an allowable activity under the ESEA’s Impact Aid program, an LEA may use ESSER funds for construction or renovation, subject to prior written approval by the VDOE as SEA. As is the case with all activities charged to the ESSER Fund, construction or renovations costs must be reasonable and necessary to meet the overall purpose of the program, which is “to prevent, prepare for, and respond to” the COVID-19 pandemic. Therefore, any construction activities, including renovations or remodeling, that would be necessary for an LEA to prevent, prepare for, and respond to COVID-19 would be permissible. This might include renovations that would permit an LEA to clean effectively (e.g., replacing old carpet with tile that could be cleaned more easily) or create a learning environment that could better sustain social distancing (e.g., bringing an unused wing of a school into compliance with fire and safety codes in order to reopen it to create more space for students to maintain social distancing).
  
  Approved construction or renovation projects must comply with applicable Uniform Guidance requirements, as well as the USED regulations regarding construction at 34 CFR § 76.600. As is the case with all construction contracts financed by federal education funds, an LEA that uses ESSER funds for construction or renovation contracts over $2,000 must meet all Davis-Bacon Act prevailing wage requirements and include language in the construction contracts that all contractors or subcontractors must pay wages that are not less than those established for the locality of the project (prevailing wage rates).

Instruction

Are there any waivers available for Behind-the-Wheel programs?
1. A waiver of seven of the fourteen periods of in-car instruction required per 8VAC20-340-10 has been approved for the 2020-2021 school year. The seven waived periods are those designated for observation (refer to Module Eleven).
Virginia public schools may provide equitable remote classroom driver education instruction that includes synchronous components. This flexibility allows school divisions to continue teaching classroom driver education instruction under the following conditions:
- All driver education instruction must follow the state-standardized curriculum approved by the Virginia Board of Education as required by the Code of Virginia;
- Instruction may be delivered remotely and must include synchronous components;
- Instructional time must be documented;
- The school administrator must verify that the driver education program meets the 36-period requirement;
- The in-person 90-minute parent/teen requirement for Planning District 8 may now be delivered by the licensed classroom teacher in person or via video conferencing or other synchronous delivery platform (see flexibility provided for § 22.1-205);
- The 90-minute parent/teen component outside Planning District 8 may be delivered synchronously, asynchronously, or in person at the discretion of the local school board; and
- The Driver Education Certificates of Completion (DEC-1 or DEC-8) must be signed by the teacher of record and a school administrator.
Can school divisions donate or loan CTE equipment during the COVID-19 pandemic?
1. Effective April 14, 2020, the U.S. Secretary of Education announced that career and technical education (CTE) programs can donate or loan personal protective equipment (PPE) and other medical supplies purchased with federal funds to public health agencies, private nonprofit hospitals, and other licensed health providers to support the nationwide coronavirus response effort. This new flexibility guidance comes in response to a desire from state and local educators to donate their unused equipment during the COVID-19 National Emergency. School divisions must maintain a record of any donated or loaned equipment.
Will new health and safety requirements related to COVID-19 impact electives and specials/resource course offerings for the 2020-2021 school year?
1. Decisions about elective course offerings are determined at the local division level and must adhere to requirements in the Standards of Accreditation (SOA) and Standards of Quality for Virginia Public Schools. There are no plans to waive requirements for any instructional program, including electives, specials and resource classes, required in the SOA. The Governor, in conjunction with the Virginia Department of Health (VDH) will issue health and safety requirements and guidance for Virginia public schools for the 2020-2021 school year. Once the Governor’s guidelines and requirements are released, both core and elective courses may need to evaluate and adjust curriculum in order to meet the guidelines.
  
  It is the VDOE’s position that divisions should ensure continuity of learning in core and elective classes whether students are instructed remotely, face-to-face, or with a hybrid approach. Elective courses in Virginia are important to the overall goals and mission for public education in Virginia and for the realization of the Profile of a Virginia Graduate. Elective courses can have an important role in promoting and maintaining student mental and physical wellness, as well as allowing students to continue preparing for workplace, college, and career goals. The VDOE staff can assist local divisions in developing solutions for challenges associated with Virginia's plan for reopening schools.
Is there any flexibility for providing remedial programming during summer session?
1. For FY21, school divisions that are unable to provide remedial programs during the summer school session, or during intersession in the case of year round school, due to COVID-19 are eligible to use remedial summer school funds towards remedial programming provided to students through November 1, 2020.
  School divisions should continue to report any students participating in a remedial summer school program as part of the Remedial Summer School data collected via the Summer Student Record Collection. For this one year only, the Summer Student Record Collection will be due in November of 2020 so that any students receiving remedial services during the 2020 summer or fall terms can be reported.
  
  Any remedial services provided in the 2020 fall term must be offered outside of the regular instructional day. Regular school year expenses for the 2020 fall term are not eligible for reimbursement under this flexibility.
  
  Refer to State-Level Waivers and Relief Measures in Effect-This is a Word document. for additional conditions and details of this flexibility.
What procedures should school divisions implement to identify potential English learners (ELs) during the phased reopening of schools?
1. On May 18, 2020, the U.S. Department of Education (USED) released a Fact Sheet-This is a PDF document. that includes guidance on the identification of ELs during COVID-19. School divisions must ensure that ELs are identified, screened, and placed in appropriate programs and services within thirty days of enrollment [ESEA Section 3211(b)(2)(A)]. However, the USED guidance recognizes that, during the COVID-19 national emergency, many facilities are physically closed, including those normally used for registration and screening.
  
  During phased reopening, emphasis is placed on early identification, instructional services, and appropriate accommodations for ELs. School divisions should resume or continue onsite screening of potential ELs to meet compliance requirements under ESEA Section 3211(b)(2)(A).
Is there relief from the CTE credential requirement for students graduating in 2020-2021?
1. Yes, the state has waived the career and technical education credential requirement for any student who is graduating in 2020-2021 and seeking a Standard Diploma under the graduation requirements in 8VAC20-131-50.
Is there relief from the student selected test requirement for students graduating in 2020-2021?
1. Yes, the state has waived the student selected test for any student who:
  - Is graduating in 2020-2021 and seeking either a Standard or Advanced Diploma under the graduation requirements in 8VAC20-131-50;
  - Is a career and technical education program completer as of the summer 2020 term; and
  - Intended to use a career and technical education credentialing test to meet their student selected test requirement.
  In order to be eligible for such waiver, an administrator or school counselor must verify that the student is a program completer and had intended to use a career and technical education credentialing test to meet their student selected test requirement. (8VAC20-131-50)
Will students graduating in 2020-2021 be required to meet the CPR graduation requirements?
1. No, students graduating in 2020-2021 are relieved of the requirement to complete training in emergency first aid, cardiopulmonary resuscitation, and the use of automated external defibrillator, including hands-on practice of the skills necessary to perform cardiopulmonary resuscitation. (§ 22.1-253.13:4.D.7)
What if a student who is graduating in 2020-2021 under the new graduation requirements and previously completed their Career and Technical Education coursework is unable to accommodate a CTE credentialing test in their schedule prior to graduation?
1. A waiver of the first additional requirement for graduation (Advanced Placement, Honors, or International Baccalaureate Course or Career and Technical Education Credential) for any student who:
  - Is graduating in 2020-2021 but under the graduation requirements in 8VAC20-131-51;
  - Is a career and technical education program completer as of summer 2020 term; and
  - Intended to use a career and technical education credentialing test to meet the additional requirement for graduation
  In order to be eligible for such waiver, an administrator or school counselor must verify that the student is a program completer and had intended to use a career and technical education credentialing test to meet the additional requirement for graduation. (§ 22.1-253.13:4.D.6 and 8VAC20-131-51)
What relief is there with regard to the K-3 Class Size Reduction Program?
1. A waiver has been issued such that schools that are eligible to participate in the K-3 Primary Class Size Reduction program may be allowed to exceed either the school ratio OR maximum class size, as currently set out in Item 145.C.10.d, if the reason for needing flexibility is the direct result of reorganizing classrooms to accommodate some virtual instruction for a limited number of students.
  
  As an example, a school with 75% or more of students approved eligible for free lunch (based on a three-year average), may have K-3 classes larger than 19 students to accommodate some students in a virtual classroom as long as the school ratio remains 14 to 1. In-person instruction should remain the primary instructional delivery model for K-3 grades in order to be eligible for this flexibility. Schools that are able to maintain either the school ratio OR maximum class size and meet the above conditions will not be subject to a reduction to incentive funding.
  
  Schools that are entirely virtual are still eligible for funding through the K-3 Primary Class Size Reduction program, but the above flexibility would not apply. These schools must maintain the maximum class size AND school ratio in order to receive incentive funding. (Item 145.C.10 of Chapter 1289)
Are there privacy or FERPA concerns when conducting virtual classrooms and recording lessons for absent students?
1. The U.S.Education Dept. (U.S. ED) issued guidance on this topic on March 30, 2020. Please see the linked Powerpoint presentation from U.S. ED for considerations that must be made when conducting virtual classrooms-This is a PDF document.. Virtual classrooms and a recording of the lessons can take place as long as there is no personally identifiable information (PII) or student records disclosed. You are highly encouraged to review the attached guidance from U.S. ED on this topic. You should also consult with your attorney for specific situations that may occur in your division.
What should occur if an LEA cannot screen a potential EL student due to the physical closure of facilities?
1. In order to formally identify students as English Learners (ELs), the WIDA screener must be administered in person. However, some school divisions are having difficulty screening students due to the continued physical closure of facilities. Using the temporary identification procedures below, the school division can make presumptive EL determinations to provide supports that will assist newly enrolled students in participating meaningfully and equally in the remote learning program. When the division’s schools physically reopen, formal screening procedures should be completed to promptly ensure proper identification and placement for new ELs.
  - The Home Language Survey (HLS)-This is a Word document. is a required component of the online or paper registration process for all students. It is not permissible to skip this component of the registration process.
  - If a language other than English is indicated on one or more questions of the HLS, the school division should share information about next steps with the parent/guardian, including the division’s obligation to screen the student once school sites reopen.
  - The school division may conduct an informal interview with the parent/guardian. If the school division determines that the student may have existing ACCESS for ELLs assessment results, the division may contact student_assessment@doe.virginia.gov for assistance in obtaining the ACCESS scores.
  - Based on registration documents and information gleaned during the informal interview, the school division may make a presumptive EL determination. Under this determination, the school division should provide the student with supports that will assist the student in participating meaningfully and equally in the district’s remote learning program.
  The Virginia Department of Education has received inquiries from school divisions regarding the identification of “presumptive English Learners” (ELs) in the fall 2020 Student Record Collection (SRC) due on October 1, 2020. To address this situation, a new EL code, 5 = Temporarily Identified as EL (Presumptive ELs until formally screened in person), has been added to the fall 2020 SRC. This is a temporary code and students must be formally screened as soon as possible for official designation as an English Learner in accordance with the procedures outlined in Superintendent’s Memo 194-17-This is a Word document.. The school division should maintain documentation of all presumptive ELs who will require formal screening upon the reopening of school facilities.
What guidance is available for implementing services using Algebra Readiness Initiative (ARI) funding?
1. An Algebra Readiness Initiative (ARI) Guidance Document-This is a PDF document. has been developed to support school divisions as they plan for the implementation of ARI programs during the 2020-2021 school year. The document provides important information about ARI policy based on the Standards of Quality and includes some Frequently Asked Questions that provide information about administering diagnostic tests, delivering intervention services remotely, and using ARI funding to purchase online resources and educational materials.
Is there any relief or flexibility for students seeking a verified credit for courses in which they are enrolled in Fall 2020 or Spring 2021?
1. At its November 19, 2020 business meeting, the Board of Education approved an update to the Emergency Guidelines for Locally-Awarded Verified Credits-This is a Word document.. The revised Emergency Guidelines remove barriers to earning a verified credit for students who continue to be impacted by ongoing pandemic conditions and meet the enumerated conditions. These guidelines are available for immediate implementation.
  
  The Emergency Guidelines establish two pathways to earning a verified credit through an amended locally-awarded verified credit process. Option one applies to those students enrolled in any high-school credit bearing course that was eligible for verified credit in the fall of 2020. These students may earn a locally-awarded verified credit if they: (1) pass the corresponding high school course; and (2) attempt the associated Standards of Learning assessment and receive a score within the 350 – 399 range; and (3) demonstrate mastery of the standards, competencies, and objectives of the entire course through a locally-determined verification process.
  
  Option two applies to those students enrolled in a high-school credit bearing course in history/social science that was eligible for a verified credit in the fall of 2020 or spring of 2021. The locally-determined verification process for these students must include the student’s responses to performance assessment tasks, however, there is no requirement that the student must have taken the SOL test prior to exercising this flexibility.
  Please review the Emergency Guidelines for Locally-Awarded Verified Credits-This is a Word document. carefully for additional detail on student and course eligibility for the use of the revised locally-awarded verified credit process.

Assessment and Accountability

Will VDOE cancel Standards of Learning (SOL) testing?
1. At this time SOL tests scheduled for the 2020-2021 school year will be administered as scheduled. With the approval of the Secretary of Education, the Superintendent of Public Instruction has waived accreditation for each public school for the 2021-2022 school year based on data from 2020-2021. This waiver does not affect requirements for standardized testing for the 2020-2021 school year. At this time SOL tests in the 2020-2021 school year will be administered as scheduled.
What SOL tests will school divisions administer when schools reopen?
1. When schools open this fall, students may attempt end-of-course SOL tests that they need to earn verified credits toward meeting their graduation requirements. In addition, at this time, the fall 2020 administration of the SOL tests will occur as scheduled.
How are ISAEP students and GED testing impacted?
1. ISAEP programs should follow the reopening plans of their local school division in planning and providing services to ISAEP students. For all prospective GED examinees, both ISAEP and adult students, access to testing may be impacted as many testing centers remain closed and others are operating with limited capacity to provide for social distancing. To access this list of testing centers, students should log into their individual GED.com account and begin the test registration process. The testing centers will populate once a subject area test is selected. For the latest updates on GED testing, visit GED.com.
Will high school students who were scheduled to take end-of-course tests in spring 2020 that are used for federal accountability have to take these SOL tests next year to meet federal testing requirements?
1. High school students who were scheduled to take the SOL End-of-Course (EOC) Reading or Biology test in spring 2020 will not have to take these tests in 2020-2021 to meet federal testing requirements. The requirement for these students to take the SOL EOC Reading or Biology tests in spring 2020 was waived under Virginia’s approved ESSA assessment waiver.
  
  Similarly, high school students who were scheduled to take an SOL EOC mathematics test in spring 2020 to meet federal testing requirements will not have to attempt the missed test during the 2020-2021 school year. While Algebra I is the SOL mathematics test selected for federal accountability purposes for high schools, Virginia previously received a waiver so that students who pass the Algebra I test in middle school can attempt the SOL Geometry or Algebra II test as high school students for federal accountability. Students who were scheduled to take any of these three tests to meet federal assessment requirements in spring 2020 will not have to attempt these tests in 2020-2021 for federal accountability purposes.
  
  Since Virginia’s federal participation and pass rates for high schools are based on the tests taken by students in a graduation cohort, Virginia Department of Education staff are working to determine how to account for high school students who did not test in spring 2020 under the assessment waiver. School division staff have been asked to provide additional data to assist in this process.
What is the impact on SAT administration?
1. The College Board will provide weekend SAT administrations every month through the end of the calendar year, beginning in August. This includes scheduled test administrations on August 29, September 26, October 3, November 7, and December 5. Read more at CollegeBoard.org.
What are the dates for ACT testing for fall 2020?
1. Below are the national ACT testing dates for September and October. The dates listed as new are additions to the regularly scheduled fall testing dates.
  
  September
  - Saturday, September 12 (existing)
  - Sunday, September 13 (non-Saturday, existing)
  - Saturday, September 19 (new)
  - Sunday, September 27 (new)
  October
  - Saturday, October 10 (new)
  - Saturday, October 17 (new)
  - Saturday, October 24 (existing)
  - Sunday, October 25 (non-Saturday, existing)
  ACT has decided to postpone the planned launch of online testing for national ACT test-takers.
How will accreditation be determined for the 2021-2022 school year based on data from 2020-2021?
1. With the approval of the Secretary of Education, the Superintendent of Public Instruction has waived accreditation for each public school for the 2021-2022 school year based on data from 2020-2021. The accreditation label assigned to each public school for 2021-2022 will be "accreditation waived."
  
  The accreditation waiver recognizes that indicators based on data from 2020-2021 may not be an accurate reflection of school quality or improvement. Additionally, schools and divisions are unable to change the public health conditions that impact decision making on instructional modalities as well as data and measurement for school quality indicators, particularly as it relates to student outcomes.
  
  While this waiver is meant to provide some relief to school divisions due to unprecedented and challenging circumstances, this is not a waiver of some of the other related, broader measures of school accountability and quality.
  
  This waiver does not affect requirements for standardized testing for the 2020-2021 school year. At this time SOL tests in the 2020-2021 school year will be administered as scheduled.

Early Childhood

Frequently Asked Questions (FAQ) pertaining to early childhood education can be found on the Office of Early Childhood - COVD 19 FAQ-This is a Word document. document.

Special Education and Student Services

Will timelines for special education, particularly the state or federal calendar, be adjusted?
1. At this time, there is no guidance from the U. S. Department of Education’s Office of Special Education Programs (OSEP) regarding the waiver of federal timelines related to special education compliance. OSEP has been clear in the past that there is no waiver for natural disasters. However, OCR has provided guidance that “ IEP teams are not required to meet in person while schools are closed.” In addition, OCR has stated that “If an evaluation of a student with a disability requires a face-to-face assessment or observation, the evaluation would need to be delayed until school reopens. Evaluations and re-evaluations that do not require face-to-face assessments or observations may take place while schools are closed, so long as a student’s parent or legal guardian consents. These same principles apply to similar activities conducted by appropriate personnel for a student with a disability who has a plan developed under Section 504, or who is being evaluated under Section 504.” With this in mind, local school divisions should develop a plan to support maintaining timelines and to document clearly if a delay occurs, the nature and extent of the delay and the plan to move as quickly as possible to prevent any further delay. Local Directors of Special Education should be consulted for local and school based guidance. Recall that existing regulations already provide for certain types of flexibility with regard to holding meetings and for extending timelines. For instance, if the parent and school division agree in writing to extend the 65 business day timeline to obtain additional data that cannot be obtained within the 65 business days, the evaluation/eligibility timeline may be extended. In addition, amendments to IEPs may be made without a meeting, and meetings may always be conducted virtually or by phone see 8 VAC 20-81-110.E.3). As always, school divisions should be flexible in allowing Parents to attend IEP meetings by alternative means and clearly communicate these options to parents. Additionally, school divisions should carefully document all attempts to arrange meetings with parents, including providing meeting notice that complies with special education regulations.
Must school divisions continue to engage in child find?
1. The IDEA requires all states to identify, locate, and evaluate all children with disabilities, regardless of the severity of their disabilities. During and following the pandemic, school divisions continue to be responsible for developing and implementing methods and activities for identifying children with disabilities who require special education and related services. As part of the child find responsibilities, school divisions must accept new referrals for evaluations and timelines still apply as noted in the previous question. Until normal school operations resume, it is recommended that the website of the LEA and/or each school in the LEA display the contact details of the person(s) that a parent/guardian should contact to request an evaluation for special education. For referrals from Part C, the LEA is to let the local early intervention system know the name and contact information of the person who receives the notification/referral.
Must evaluations be completed during school closures? May a school division delay the completion of all evaluations until school resumes?
1. As stated previously, some evaluations that cannot be completed without face-to-face activities may need to be delayed until school reopens. However, there are evaluations that can and should be completed within the sixty-five business days timeline. Remember, evaluations always begin with a review of existing data, and on the basis of that review and input from the child’s parents, the team may identify any additional data that is required. If the team determines that existing data is sufficient and no additional data is required, then the team may move forward to discuss and determine eligibility. Teams should consider the sources of existing data available to document each of the eligibility criteria questions, including information about the educational impact and need for specially designed instruction. If any required data is not available or cannot be gathered to answer each of the eligibility criteria questions, the team may need to extend the timeline.
  
  If a team determines that new data is required, they can decide if any components of the evaluation can be completed remotely and whether quality and comprehensive information will be provided. In this case, the team will need to:
  - Ensure transparency with parents and clearly explain the alternate form of assessment,
  - Accept and document a parent's refusal to participate in an alternative assessment or evaluation, and
  - Know the required parental consent needed and prior written notice requirements and meet them.
  For any new data obtained, teams will need to address reliability and validity issues. It is important to consider that any new assessment data will be gathered during this unprecedented time. Professionals should consider the impact of changes to daily routines and anxiety on students, their families and caregivers, and school personnel. After reflecting on the individual student and family circumstances, professionals may determine it is appropriate to gather data remotely and may gather evaluation components through record review; checklists (mail or online); interviews with teachers, parents, and students; or other activities. Before conducting new assessments using standardized and norm referenced measures, professionals should consider a number of factors including:
  - whether an assessment can be validly and reliably administered virtually,
  - norming and standardization of the instrument,
  - technology requirements and availability in the home,
  - availability of trained auxiliary examiner in the home for manipulatives/materials, and
  - any Virginia licensure regulations and standards of practice including ethical obligations (i.e., training of examiner).
  For initial eligibility determination, a hearing screening is required. If school staff are unable to complete a hearing screening, the team may ask parents if there is any existing hearing screening data from the child’s pediatrician. Prior to conducting hearing screenings using teleservices, professionals should consider the interactive software and other technology requirements, age of the student, training and support required for the facilitator, and other factors. A study by Lancaster et.al. (2008) suggested that school hearing screenings may be provided using telehealth technology.
  
  The health and safety of students, families, and educators should be of primary concern. A careful review of all Virginia Executive Orders should be completed prior to considering the administration of traditional in person administration of assessments while schools are closed.
What are the considerations for homebound instructions as schools reopen?
1. Local school divisions should ensure that students receiving homebound instruction are receiving access to virtual and remote learning opportunities with careful consideration of providing equitable access and support for a variety of students. Strategies such as distance learning can be accessible to students confined to their home or health care facility. As school divisions enter phase two and phase three, they can begin to plan for safe and effective delivery of face to face instruction for homebound students. Consistent with the Phase Guidance for Virginia Schools-This is a PDF document., during phase 2 school divisions may provide face-to-face homebound instruction to K-3 students, students with disabilities, and English Learners. In phase three, schools may begin to plan for safe and effective face-to-face delivery of instruction for all students on homebound.
  
  It is important to note that students who are at high risk of severe illness due to the pandemic should be provided with options for remote learning that is comparable to the learning opportunities of the rest of the student population. Homebound instruction is designed to be supplemental and is not a sufficient substitute for long-term instructional needs. For more information please refer to the Essential Considerations for Safe and Effective Homebound Delivery document-This is a Word document..
Should students who have been suspended, expelled, or placed in an alternative placement due to disciplinary action receive educational support during school closures?
1. Yes. Consistent with the Virginia Board of Education’s Model Guidance for Positive and Preventative Code of Student Conduct Policy and Alternatives to Suspension-This is a PDF document., school divisions should ensure that “all students who are removed from the classroom for disciplinary reasons are able to access services for a quality education and behavioral interventions needed to ensure their successful return to the setting from which they were removed.” Students who were in alternative placement due to disciplinary action or were experiencing suspension or expulsion on March 13 should be provided with access to the same continuity of education opportunities available to all students in the division. Effective July 1, 2020, HB 415 amends and reenacts Code of Virginia § 22.1-277.04 and 22.1-277.05 to require that school boards adopt policies and procedures to ensure that suspended students are able to access and complete graded work during and after the suspension.
When should a student whose suspension or expulsion ends during the school closure period return to school?
1. The Virginia Department of Education recommends that students whose term of suspension occurs during the closure of Virginia schools be allowed to return to school when schools are reopened. In cases where the disciplinary response extends into the 2020-2021 school year, school divisions are strongly encouraged to count the days that schools are closed in the number of days of a suspension or expulsion, and allow students to return to school on the date originally determined at the disciplinary hearing.
Should school divisions comply with the McKinney-Vento Act during the COVID-19 school opening phases?
1. Yes. Students experiencing homelessness continue to have educational rights under the McKinney-Vento Act as schools prepare to reopen. Liaisons should continue to identify enrolling students, as well as students already enrolled in the school division who lose their housing, and these students should be flagged in the student record collection system. As students experiencing homelessness move, they continue to have the right to remain enrolled in the current school and receive services. Remaining in the school of origin is the preferred option for serving students under McKinney-Vento; however, if a parent or guardian or unaccompanied homeless youth wishes to enroll in the local school for the current attendance zone, the McKinney-Vento Act requires immediate enrollment and services comparable to those other students are receiving should be provided. If the school division disagrees with the enrollment, the student should be immediately enrolled and the dispute process, including the provision of written notice, should be observed.
  
  Further, the McKinney-Vento Act requires school divisions to review policies and remove barriers posed by those policies for students experiencing homelessness. Schools are encouraged to consult their homeless liaisons as reopening plans are developed to ensure any potential barriers the processes may create for these students are identified and addressed. Project HOPE-VA will continue to conduct virtual check ins with liaisons throughout the summer that include practices to assist with implementation of McKinney-Vento during this crisis, and minutes from the meetings are provided to all liaisons. Questions can be directed to Dr. Patricia A. Popp at homlss@wm.edu.
How should schools provide free meals to students who are experiencing homelessness and students placed in foster care who are enrolled in their school of origin but living in another school division?
1. Students experiencing homelessness and those placed in foster care are categorically eligible for free school meals. School divisions should work together to ensure that these students are able to access meals regardless of their current address.
  
  On August 31, 2020, the USDA extended flexibility for summer meals until December 31, 2020. Additional guidance will be provided as updated information is available.
  
  A listing of foster care liaisons can be found at: Project Hope - Virginia: Foster Care; the homeless education listing can be found at: Project Hope - Virginia: Homeless Liaison Directory. Additional questions related to the education of students in foster care and students experiencing homelessness can be directed to Project HOPE-Virginia at homlss@wm.edu.
What can Migrant Education Programs (MEPs) do to support the unique needs of migratory students?
1. On May 11, 2020, the U.S. Department of Education (USED) released a Fact Sheet-This is a PDF document. that includes guidance on this topic. The USED guidance recommends procedures for continuing to identify eligible migratory students and program modifications for providing services to migratory students during the pandemic while taking into consideration the health, safety, and well-being of MEP staff and migratory families.
  
  For additional information, contact Mary Beth Libby, Title I Specialist and Virginia Migrant Coordinator, at marybeth.libby@doe.virginia.gov or 804-371-7347.
How can schools reduce the risk to food allergy exposure when meals are served in the classroom?
1. School personnel should reinforce hand washing, particularly after food handling and eating. Plain water or hand sanitizers are not effective in removing food allergens. Clean and disinfect frequently touched surfaces especially if it is contact with food and plate each student’s meal to limit transfer of food allergens on utensils. Schools may consider a creating a no sharing or no trading food policy. Train all teachers and staff on safety actions – including how to recognize and respond to anaphylaxis. Keep epinephrine accessible to those trained in administration and enact emergency care procedures in the event of an allergic reaction.
What can parents do before school starts to keep their child with food allergies safe at school?
1. Provide health care provider documentation (HCP) of food allergy and treatment protocols to school. This includes HCP authorization and parental consent to administer medication to students in the event of anaphylaxis or illness due to exposure. Meet with school staff including teachers, school nurses and administrators to discuss safety measures and establishing/updating a Section 504 plan.
How can schools assist refugees or migratory populations during the COVID 19 Pandemic?
1. The CDC has updated guidance for refugee or migratory populations (8/6/20) to assist entities such as schools in meeting the needs of this underserved community. Included in this guidance are strategies to address health care concerns for at-risk persons, resettlement guidance and information related to work and school attendance.
May related service providers offer treatment or evaluate students who are sheltering in homes outside of Virginia?
1. Professionals licensed by the Virginia Department of Health Professions (e.g., SLP, OT, PT, Audiology, Behavior Analysts, Psychologists) are licensed to provide services within Virginia. In order to deliver services or conduct assessments with students who are sheltering out of state, the professional must adhere to the laws and regulations for the state in which the student is located at the time of the services. Virginia Executive Order #57 states-This is a PDF document. that “Health care practitioners with an active license issued by another state may provide continuity of care to their current patients who are Virginia residents through telehealth services.” Prior to evaluating or treating a Virginia student who is sheltering in another state, professionals should contact the licensing board of that state to determine if they have a similar provision. If no exception exists, services cannot be provided until the provider is licensed in that state or the student returns to Virginia.
  
  Addressing services for students sheltering out of state is vital to ensure that related services staff are protected from risks including practicing without a license or reporting to the National Practitioner’s Databank. Blanket policy decisions on related services are not advisable considering the state and professional licensure differences. Each student’s case should be reviewed individually. Careful documentation of the individual circumstances should include:
  - When school staff were made aware the student was residing out of state;
  - When the child is anticipated to return to Virginia;
  - Communication with families;
  - Results of a search for regulatory requirements and any state flexibility for the state where the child is sheltering; and
  - The approximate wait time for providers to seek licensure in that state if required.
  Decisions regarding which services will be offered to students sheltering out of state should be well documented and based on the facts of each specific case. A wide range of service options exist including:
  - Provision of services virtually to the student with documentation of requirements and allowance to serve children in the specific state.
  - Communication regarding the anticipated delay as providers will seek licensure in the state to remain in compliance with state laws. Document that the team will consider the need for compensatory/recovery services after the child resumes services.
  - Communication that the student is functionally unavailable to receive services because of state laws and regulations in the sheltering state. Document that the team will consider the need for compensatory/recovery services after the child resumes services.

School Nutrition

*Summer Food Service Program and Seamless Summer Option can continue all summer*
All children 18 and under may receive meals during the closure under the Summer Seamless Option (SSO) or the Summer Food Service Program (SFSP), with an approved application from VDOE. See Superintendent's Memo 070-20: COVID-19: School Nutrition Program and Meal Options-This is a Word document.. The waivers to continue to provide meals in a non-congregate setting and using the area eligibility waiver is in effect until August 31, 2020.

Can divisions serve multiple days of food at once?
1. School Food Authorities (SFAs) can provide multiple days worth of meals with an approved waiver and application in place with the VDOE. This is a good option for decreasing contact and increasing ease of access for families. Home delivery can also occur. This requires written parental consent. Please contact your SNP Regional Specialist or Sandy Curwood at sandra.curwood@doe.virginia.gov for assistance.
Can divisions serve food without their child present?
1. A National USDA waiver is in place to allow parents or guardians to pick up meals for their children, divisions may require some form of identification to do so. The VDOE advises local school divisions to maintain program integrity, in order to ensure programs can continue to be provided and that divisions continue to be good stewards of taxpayer dollars. The VDOE also recognizes that divisions want to serve their families needs and that frontline staff may be ill-equipped to deal with stressed parents. The VDOE urges local school divisions to equip staff with the information and preparation necessary to ensure adherence to program guidelines as well as making decisions in the best interest of children.
How should schools provide free meals to students who are experiencing homelessness and students placed in foster care who are enrolled in their school of origin but living in another school division?
1. Students experiencing homelessness and those placed in foster care are categorically eligible for free school meals. During the current school closures, students may receive their meals from any program site. Foster care liaisons and homeless education liaisons should communicate with their families and inform them of the resources and options in the community where the family currently resides. School division liaisons have been sharing their processes and connecting with their families. A listing of foster care liaisons can be found at: https://education.wm.edu/centers/hope/fostercare/index.php; the homeless education listing can be found at: https://education.wm.edu/centers/hope/liaison-listing/. Additional questions related to the education of students in foster care and students experiencing homelessness can be directed to Project HOPE-Virginia at homlss@wm.edu.
What USDA waivers are available for school and child nutrition programs, and how do local school divisions elect to use these?
1. Please visit the School Nutrition COVID-19 Information section of the Office of School Nutrition Programs homepage to access waiver worksheets that describe the current waivers available for School and Child Nutrition Programs administered by the VDOE.
What flexibility is there with data collected associated with Breakfast After the Bell?
1. The state has issued an extension of an existing flexibility that any local school division participating in an After-the Bell breakfast program shall be relieved of the requirement to include tardy arrivals, office discipline referrals, student achievement measures, teachers' and administrators' responses to the impact of the program on student hunger, student attentiveness, and overall classroom learning environment before and after implementation, and the financial impact on the division's school food program in its annual program report, due on August 31, 2021 to the Department of Education. No funded school division shall be excluded from funding eligibility in the 2021- 2022 school year based on unavailability of data from the 2020-2021 school year. (Item 145.C.30.c.3)

Pandemic Electronic Benefit Transfer (P-EBT)

P-EBT is administered by the Virginia Department of Social Services. P-EBT for households FAQs are posted on the Virginia Department of Social Services website and questions can be answered by calling the Department of Social Services at (804) 726-7000.

What is Pandemic Electronic Benefit Transfer (P-EBT)?
1. P-EBT is a temporary food purchasing assistance benefit available in Virginia during school closures due to the public health emergency. The P-EBT assistance supports students who would otherwise have received free or reduced-price meals if schools were open. The P-EBT was authorized by the Families First Coronavirus Recovery Act of 2020 (FFCRA) and is administered by the U.S. Department of Agriculture (USDA), Food and Nutrition Service. The Virginia Department of Social Services (VDSS) and the Virginia Department of Education (VDOE) are working together with local school divisions to operationalize the program.
What is the purpose of P-EBT?
1. The purpose of the P-EBT benefit is to supplement existing food assistance and nutrition programs for low-income households during the pandemic. It does not replace meals provided through the school programs operating during unexpected closures, such as the Seamless Summer Option (SSO) and the Summer Food Service Program (SFSP), or the summer meal programs that will begin when the school year is over.
  Which households are eligible for P-EBT benefits?
  Supplemental Nutrition Assistance Program (SNAP) and non-SNAP households with students who have temporarily lost access to free or reduced-price school meals due to pandemic-related school closures are eligible for P-EBT. These households are eligible because they:
  - include an eligible student(s) who, if not for the closure of their school during a public health emergency designation and due to concerns about a COVID-19 outbreak, would receive free or reduced-price school meals under the Richard B. Russell National School Lunch Act, as amended, and,
  - the school the student(s) attended has been closed for at least five consecutive days during the public health emergency.
Which students are eligible for P-EBT benefits?
1. School-aged children who are students enrolled in a Virginia school that participates in the USDA meal programs and who have lost access to their free or reduced-price school meals due to school closures are eligible for P-EBT.
  - Students who were determined by the LEA approving official to be eligible for free or reduced-price school meals through a meal application, direct certification, or categorical eligibility, such as homelessness, are eligible for P-EBT.
  - Students enrolled in a school that provides both breakfast and lunch at no cost to all students through the Community Eligibility Provision (CEP) or Provision 2 (P2) (for both breakfast and lunch) are eligible for P-EBT.
  - Students who are not eligible for free or reduced-price school meals and students who attend a school that does not participate in the USDA meal programs are not eligible for P-EBT.
  - Children who are not enrolled in school are not eligible for P-EBT.
What data must local education agencies (LEAs) provide for the P-EBT?
1. Local school nutrition directors received information via SNP Memo 2019-2020-44 on April 27, 2020, with instructions and a required Excel template for the P-EBT data requirements for all eligible students. LEAs must use the VDSS required Excel template, which is attachment A to the memo, to submit the data. The data source should be the LEA’s student information system (SIS) or point of sale system (POS) or both.
  
  There are 23 data fields in the VDSS template. The required data fields for all eligible students have an asterisk in the template and include the following: school division and school; eligible student name, date of birth, and date of eligibility; name of parent/guardian the student lives with; and, mailing address. Other data fields in the spreadsheet are optional. Do not delete columns from the VDSS template. If optional data is not available, leave the column(s) blank.
  
  P-EBT benefits are a one time benefit for households eligible on the date the SFA creates the file. The SFA must send the completed file to Claudia Jackson, VDSS SNAP Benefits Manager, via the confidential VDOE SSWS dropbox. Copy Lynne Fellin, VDOE-SNP Technical Assistance Specialist, in the dropbox. Submit the data as soon as it is complete and no later than May 8, 2020.
What about students who become eligible after the file is submitted on May 8, 2020?
1. The SFA will submit the initial data file of eligible students enrolled at the time the SFA creates the file. The due date for this file is May 8, 2020. Because of changing household circumstances during the pandemic, students may be approved for free or reduced-price meals by application or direct certification after the first file is submitted. LEAs can submit a second file of newly eligible students by May 22 and a final file of newly eligible students by June 12, 2020. The data requirements will be the same for the subsequent files. Students determined eligible after March 13 will receive a pro-rated amount of P-EBT.
How will households be notified about the P-EBT?
1. VDSS and VDOE distributed a P-EBT press release to the major newspaper and television outlets throughout the state released May 8, 2020.
  
  LEAs received a media release, similar to the one SFAs must send out at the beginning of each school year. LEAs should distribute the media release to all newspaper, TV, radio, and other outlets available to households in their area. The release will inform households of Virginia’s participation in the P-EBT and provide program details, including who is eligible.
  
  LEAs can access on the VDSS website a flyer targeted to households that will receive P-EBT. It briefly explains P-EBT, gives information about the card and how it can be used, and gives the phone number for households to call if they think they are eligible but do not receive benefits. LEAs should distribute this flyer, by any possible method, to all households that will receive P-EBT to help answer questions and avoid excessive contacts to the local school division. If possible, LEAs can email this flyer to eligible households in the P-EBT data file. Or, the flyer can be posted to the LEA website.
  
  LEAs received a detailed Frequently Asked Questions (FAQs) document targeted to households and P-EBT recipients. The LEA can post the Household FAQs to the LEA website. LEAs could also select certain messages from the FAQs to send out by robo-call, text message, or other channels to answer questions about P-EBT proactively.
If eligible, how much P-EBT will households receive?
1. Households will receive $5.70 per eligible student per day up to the calculated maximum 66 days missed due to school closures. The same number of missed days will be used for all schools statewide, regardless of the school calendar. The VDSS will issue a maximum total benefit of $376 per eligible student. Benefits will be prorated for students who became eligible for P-EBT after March 13, 2020.
When will P-EBT be available to households?
1. Eligible recipients will receive the P-EBT in the next two to six weeks. VDSS will issue the P-EBT assistance on a rolling basis. People living in the same area with children who attend the same schools may not receive benefits at the same time. Eligible households will receive benefits for the entire period their students were eligible, even if they do not receive benefits until the end of May or June.
  
  Current SNAP households will receive P-EBT benefits for all eligible students on their existing EBT card, possibly as soon as the next two weeks. VDSS will send non-SNAP households benefits on a P-EBT card by mail in the next four to six weeks. If multiple eligible students live with the same parent or guardian at the same address, the household will receive one P-EBT card with benefits for all eligible students.
  
  Instructions for how to activate the card will be included with the P-EBT card. Other questions about the P-EBT benefits, such as where it can be used and what recipients can buy with P-EBT are in the P-EBT flyer for households. Please distribute the flyer by any available means to households that will receive P-EBT.
What will happen to the P-EBT card if the household address is wrong?
1. The VDSS will use the mailing address from the P-EBT data file submitted by the LEA to mail EBT cards to non-SNAP households. If that address is not correct, VDSS will get a report of undeliverable cards. VDSS has provided a phone number for households to call if they think they are eligible and do not receive a card. Please refer households to the VDSS call center at (804) 726-7000. VDSS will also reach out to VDOE and local school divisions for help with address corrections.
What should households that need food right now do?
1. Students and families who are eligible to receive P-EBT should continue to participate in other food assistance programs, such as meals provided by schools. P-EBT does not replace other food assistance or meal programs.
  
  Many schools and community locations are distributing meals now. To find current locations for SSO and SFSP meal distribution, parents and guardians should text FOOD or COMIDA to 877-877. LEAs should also provide meal distribution locations and times on their website and, if possible, include a link to the 2020 Summer Meals Site Finder.
  If a family does not already receive SNAP benefits (food assistance), they should apply for assistance immediately by visiting the CommonHelp website or by calling 1-855-635-4370. For information about other food assistance, they may call 2-1-1.
What is the contact information for households that need help with setting up their card or have lost it?
1. Households that receive P-EBT benefits and have questions about setting up a PIN or how to use the card, they have three options: call 1-866-281-2448, logon to their ConnectEBT account, or on a mobile device, download the ConnectEBT app.
What should households that receive a card do if they do not want the P-EBT benefits?
1. Households that do not want to use their P-EBT benefits must destroy the P-EBT card when they receive it. P-EBT benefits are not transferrable. No one other than the identified parent or guardian may use the P-EBT card. Households should destroy the card by cutting through the magnetic stripe and disposing of it securely. If the parent/guardian changes their mind, the P-EBT benefits will continue to be available for up to 365 days. The household should call 1-866-281-2448 to access their P-EBT benefits for up to one year.

Data Collection and Technology

Will the state waive the 15-day drop period for students?
1. The VDH recommends that students that are absent due to COVID-19 illness, related quarantine or social distancing not be dropped from school enrollment in order to allow for continuity in education. Therefore, the state has waived the requirement that a pupil be withdrawn from the roll after 15 consecutive absences, as found at 8VAC20-110-130, if such student is known to be absent due to illness or quarantine due to COVID-19.
Can school divisions issue computing devices purchased with VPSA Education Technology grant funds to students for home use during mandatory school closures due to the COVID-19 pandemic?
1. Yes, as long as a division’s Acceptable Use policy includes provisions on appropriate home use and that the device can only be used by the student for school purposes. Additionally, a local device damage policy should be in place to help safeguard the devices.
How should attendance be tracked?
1. Attendance policy is a local matter. Superintendent’s Memo 188-20-This is a Word document. was issued on July 24, 2020 with guidance for divisions on how to develop attendance policies that reflect the unique instructional models based on their individual needs and capacities. This guidance recommends daily attendance checks through either time or task/product based measures.
  
  Additionally, the state has issued a waiver of 8VAC20-110-40 which requires that a pupil shall be counted present only when he is present for roll calls or is in attendance for approved participation at approved school sponsored field trips or other approved activities or events. A pupil reporting after roll call will be recorded present and tardy.

Teacher Education and Licensure

What overall guidance is required for flexibility provisions for licensure?
1. The Licensure Flexibility Provisions At-A-Glance-This is a PDF document. chart provides information regarding individuals applying for renewal, license holders whose Provisional Licenses expire June 30, 2020, and candidates completing Virginia educator preparation programs except licensure assessments.
What if individuals holding provisional licenses expiring June 30, 2020, cannot meet the requirements for a renewable license this year due to circumstances re-lated to COVID-19?
1. Upon request, the Board of Education shall issue a One-Year License, effective July 1, 2020 to June 30, 2021, to individuals who have deficiencies for full licensure, including licensure assessments, but have not completed such licensure requirements due to the COVID-19 pandemic. This license is intended to be nonrenewable and shall not be extended unless the declared state of emergency due to COVID-19 continues well into 2021. An application fee shall not be required for the One-Year License; however, the individual must pay applicable fees for any subsequent license. School divisions have been provided a format to submit requests. An updated application form (no fee) must be submitted if the provisional license has expired at the time the request is received at VDOE.
What flexibility is available when an individual does not have evaluations for each year of the original three-year provisional license, for whom division superinten-dents and school administrators of accredited schools want to request a one-year extension (July 1, 2020 to June 20, 2021)?
1. For the 2020-2021 school year only, the requirement in Section 22.1-299 (B.2-3) that the teacher must have a satisfactory performance evaluation each year of the original three-year provisional license may be waived. Satisfactory performance evaluations will be required for such teacher for the year(s) employed during the original three-year provisional license. The request must be made by a division superintendent or school administrator of accredited schools. The extended provisional license will be effective from July 1, 2020 to June 30, 2021.
What if an individual with a renewable license that expires June 30, 2020, cannot complete renewal requirements due to COVID-19?
1. If license holders employed by a Virginia educational agency have completed the requirements for renewal, the educational agency should submit the renewal requests as soon as practicable to avoid any administrative delays. If license holders are unable to meet renewal requirements by June 30 because of COVID-19, the Superintendent of Public Instruction will make modifications to the licensure regulations to grant a one-year extension of the license (July 1, 2020 to June 30, 2021) to allow license holders to complete all renewal requirements. License holders employed by Virginia educational agencies should not submit renewal documents to the VDOE; requests are to be sent to the employing school division or accredited nonpublic school. Please note that Virginia employing educational agencies have been provided instructions related to the format and timeline for submitting requests for extensions. An updated application form (no fee) must be submitted if the request is received after June 30, 2020.
  
  In the past, the Department of Education has not extended licenses for individuals who are not employed in a Virginia educational agency. However, individuals holding a renewable license that expires June 30, 2020, who are not employed in a Virginia educational agency and could not complete renewal requirements due to COVID-19 also may request a one-year extension of their licenses. A form to request an extension is posted on the Licensure Webpage. If the request is received after June 30, 2020, an updated application form (no fee) is required.
If a teacher is seeking an initial Virginia license and has not yet attained an industry certification credential, what should an employing school division or educational agency request?
1. Section 22.1-298.1 of the Code of Virginia states, in part, the following:
  A. As used in this section:
  The Virginia employing educational agency may request the issuance of a provisional license for an individual seeking an initial license in a career and technical education area to allow the teacher time to earn an industry certification credential. What if individuals cannot complete the hands-on cardiopulmonary resuscitation CPR training required for an initial teaching license or license renewal?
  Any individual seeking an initial license or renewal of licensure and who has completed all other components of training in emergency first aid, cardiopulmonary resuscitation, and the use of automated external defibrillators shall be relieved of the requirement to have hands-on practice of the skills necessary to perform cardiopulmonary resuscitation for the purpose of their licensure application until January 1, 2021 (§ 22.1-298.1.D). This requirement has been waived for individuals applying for licensure or requesting renewal before January 1, 2021, and this requirement does not need to be “made up.”
Are any Praxis tests currently offered?
1. Licensure flexibility provisions were approved to grant additional time for individuals whose Provisional Licenses expire June 30, 2020, and candidates completing Virginia educator preparation programs in the spring and summer of 2020 to meet licensure requirements, including assessments.
  The Educational Testing Service (ETS) temporarily is offering certain Praxis tests through its Praxis® Tests at Home Solution. The tests are identical in content, format and on-screen experience to the Praxis tests taken at a test center. They are taken on an individual’s computer at home or another secure location and monitored by a human proctor online through ProctorU®” (source: www.ets.org) ETS also has advised that its Prometric Testing Centers across the country are opening when and where it is safe to do so in accordance with all local, state, and federal regulations. To obtain additional information regarding the Praxis® Tests at Home Solution, please refer to the following website: www.ets.org.
What if an individual cannot complete the new required training related to behavior intervention and support required for an initial teaching license required by the 2020 General Assembly?
1. An individual seeking initial licensure as a teacher who has not received the instruction described in subsection D of § 23.1-902 shall have until January 1, 2021, to provide documentation of the completion of instruction or training on positive behavior interventions and supports; crisis prevention and de-escalation; the use of physical restraint and seclusion, consistent with regulations of the Board of Education; and appropriate alternative methods to reduce and prevent the need for the use of physical restraint and seclusion. Please note that this extension does not apply to the requirement, effective July 1, 2020, that education preparation programs offered by public institutions of higher education and private institutions of higher education shall ensure that, as a condition of degree completion, each student enrolled in the education preparation program receives instruction on positive behavior interventions and supports; crisis prevention and de-escalation; the use of physical restraint and seclusion, consistent with regulations of the Board of Education; and appropriate alternative methods to reduce and prevent the need for the use of physical restraint and seclusion.
What if individuals cannot complete the hands-on cardiopulmonary resuscitation CPR training required for an initial teaching license or license renewal pursuant to § 22.1-298.1.D in the Code of Virginia?
1. The Superintendent of Public Instruction is granting an extension to the existing waiver that any individual seeking an initial license or renewal of licensure and who has completed all other components of training in emergency first aid, cardiopulmonary resuscitation, and the use of automated external defibrillator shall be relieved of the requirement to have hands-on practice of the skills necessary to perform cardiopulmonary resuscitation for the purpose of their licensure application until June 30, 2021.
What is the impact of virtual school reopenings on candidates completing student teaching/internships practicums this summer and fall in educator preparation programs at Virginia colleges and universities or career switcher programs?
1. The VDOE has communicated with deans and directors of educator preparation programs and directors of career switcher programs to provide flexibility in the modality of the Board of Education student teaching/internship/practicum requirements due to the virtual reopening of schools. Any modification requests for the summer and fall 2020 from deans or directors of educator preparation programs will be reviewed on a case-by-case basis. A form has been provided to institutions of higher education and career switcher directors to request modifications.
What waiver has been granted to the provision in § 22.1-302 that a temporarily employed teacher may only be employed to fill a teacher vacancy for up to 90 teaching days?
1. A waiver of the provision in § 22.1-302 that a temporarily employed teacher may only be employed to fill a teacher vacancy for up to 90 teaching days has been approved. For the 2020-2021 school year only, a school board may use a temporarily employed teacher to fill a vacancy for a period longer than 90 days without approval from the Superintendent of Public Instruction so long as the school division actively recruits and seeks to fill the vacant position.
  
  Local school divisions exercising this flexibility must ensure that any temporarily employed teacher placed in a vacancy for longer than 90 days has the knowledge, skills, and abilities to provide instruction in the relevant grade/subject/assignment/endorsement area; must be mentored by a licensed teacher in their assigned grade/subject/assignment/endorsement area; and must receive a satisfactory evaluation during the initial 90 days.
  
  Alternatively, a school board may still seek approval for an extended placement from the Superintendent of Public Instruction on a case-by-case basis during one school year.
  
  This waiver does not apply to restrictions for temporarily employed teachers for driver education classes.
What is the expectation for Virginia colleges and universities to ensure candidates meet the 150 clock hours spent in direct teaching?
1. The Regulations Governing the Review and Approval of Education Programs in Virginia state, in part, the following regarding supervised clinical experiences:
  - Supervised clinical experiences. The supervised clinical experiences shall be continuous and systematic and comprised of early field experiences with a minimum of 10 weeks of successful full-time student teaching under the supervision of a cooperating teacher with demonstrated effectiveness in the classroom. The summative supervised student teaching experience shall be in the endorsed area sought and under the supervision of a cooperating teacher with demonstrated effectiveness in the classroom. The summative supervised student teaching experience shall include at least 150 clock hours spent in direct teaching at the level of endorsement in a public or accredited nonpublic school.
  Student teaching should provide practical “real life” opportunities similar to those the candidate will experience in a teaching position. Due to the pandemic, school divisions are using varied modalities of instruction – in person, hybrid, and virtual, and these modalities can change during the school year. For this year, the Department of Education will allow candidates engaged in supervised clinical experiences to teach in the modality the school or school division is providing instruction. The Department does ask that institutions of higher education meet the direct teaching requirement, understanding that there may be exceptional cases that may need to be reviewed on a case-by-case basis. Synchronous virtual teaching with students can be counted toward the direct teaching hour requirement.
When will institutions of higher education be notified of any additional modifica-tions or waivers applicable for the spring 2021 semester?
1. Refer to School State Policy Waivers for all waivers approved by the Superintendent of Public Instruction. Also, please refer to the following Frequently Asked Questions and Answers.
  
  The Superintendent of Public Instruction is granting an extension to the existing waiver that any individual seeking an initial license or renewal of licensure and who has completed all other components of training in emergency first aid, cardiopulmonary resuscitation, and the use of automated external defibrillator shall be relieved of the requirement to have hands-on practice of the skills necessary to perform cardiopulmonary resuscitation for the purpose of their licensure application until June 30, 2021.
  
  If Virginia colleges and universities have additional challenges due to the pandemic that have not been addressed, such requests should be submitted in writing to the Department of Education for review and consideration.

Public Meetings

Can a local school board meet electronically without a quorum physically assembled?
1. Section 2.2-3708.2 of the Code of Virginia provides that a school board may meet by electronic communication means without a quorum assembled in one location when the Governor has declared a state of emergency, in accordance with § 44-146.17, provided that (1) the catastrophic nature of the declared emergency makes it impracticable or unsafe to assembly a quorum in a single location, AND (2) the purpose of the meeting is to address the emergency. If a meeting is held pursuant to this section, the school board must give public notice using the best available method given the nature of the emergency contemporaneously with the notice provided members of the school board AND make arrangements for public access to the meeting. The nature of the emergency, the fact that the meeting was held by electronic communication means and the type of electronic communication means by which the meeting was held are stated in the minutes of the meeting. Continue to work with your local school board attorney to ensure any school board meeting held during the declared state of emergency meets all of the requirements of Freedom of Information Act.
  
  Attorney General Herring has issued an advisory opinion on March 20, 2020 outlining the authority of public bodies, including local governments, to conduct meetings and critical public business while meeting social distancing needs and important transparency and accountability obligations. The opinion says that Virginia law allows public bodies to conduct meetings electronically if “the purpose of the meeting is to address the emergency,” which includes meeting “to make decisions that must be made immediately and where failure to do so could result in irrevocable public harm.”
  
  The opinion also outlines important limitations, saying that “the General Assembly did not intend to permit public bodies to handle all business through electronic communication means, even during a declared emergency,” and that “public bodies should carefully consider whether taking a given action during a meeting held by electronic communication means is truly essential and should defer any and all decisions that can be deferred until it is once again possible to meet in person.” Finally, the opinion reinforces that important public accountability and transparency measures must be followed even during an electronic meeting or an emergency, including the need for public access, proper public notice, publicly available agendas, roll-call votes, and recorded minutes. For more information review the opinion in its entirety at the following link.-This is a PDF document.

State Education Agency

Will OMEGA reimbursement continue to be approved?
1. Yes.
Will VDOE be open, especially Licensure?
1. Yes, at this time the VDOE and other state agencies (with the exception of the Department of Motor Vehicles (DMV)) will remain open.

Policy

Can a local school board meet electronically without a quorum physically assembled?
1. Section 2.2-3708.2 of the Code of Virginia provides that a school board may meet by electronic communication means without a quorum assembled in one location when the Governor has declared a state of emergency, in accordance with § 44-146.17, provided that (1) the catastrophic nature of the declared emergency makes it impracticable or unsafe to assembly a quorum in a single location, AND (2) the purpose of the meeting is to address the emergency. If a meeting is held pursuant to this section, the school board must give public notice using the best available method given the nature of the emergency contemporaneously with the notice provided members of the school board AND make arrangements for public access to the meeting. The nature of the emergency, the fact that the meeting was held by electronic communication means and the type of electronic communication means by which the meeting was held are stated in the minutes of the meeting. Continue to work with your local school board attorney to ensure any school board meeting held during the declared state of emergency meets all of the requirements of Freedom of Information Act.
  
  Attorney General Herring has issued an advisory opinion on March 20, 2020 outlining the authority of public bodies, including local governments, to conduct meetings and critical public business while meeting social distancing needs and important transparency and accountability obligations. The opinion says that Virginia law allows public bodies to conduct meetings electronically if “the purpose of the meeting is to address the emergency,” which includes meeting “to make decisions that must be made immediately and where failure to do so could result in irrevocable public harm.”
  
  The opinion also outlines important limitations, saying that “the General Assembly did not intend to permit public bodies to handle all business through electronic communication means, even during a declared emergency,” and that “public bodies should carefully consider whether taking a given action during a meeting held by electronic communication means is truly essential and should defer any and all decisions that can be deferred until it is once again possible to meet in person.” Finally, the opinion reinforces that important public accountability and transparency measures must be followed even during an electronic meeting or an emergency, including the need for public access, proper public notice, publicly available agendas, roll-call votes, and recorded minutes. For more information review the opinion in its entirety at the following link-This is a PDF document..
What is a school division’s responsibility for complying with the Standards of Quality?
1. The Superintendent of Public Instruction has not authorized any waivers or relief measures related to the Standards of Quality (SOQ) for the 2020-2021 school year. This means local school divisions must still comply with all of the instructional and administrative requirements set out in the SOQ. Please be reminded that the Virginia Department of Education does annually collect SOQ compliance data for every public school division. This data is collected during the summer for the school year prior and reported each fall to the Board of Education and General Assembly.
  
  Divisions are responsible for reporting when they are out of compliance with any provision of the SOQ. When unable to meet a standard, school divisions must also provide a corrective action plan. If you are concerned about being unable to meet a requirement in the SOQ, related to COVID-19 or otherwise, please contact the team at the Virginia Department of Education. Our program offices can provide technical assistance and support.

Student Athletes

What guidance has VHSL provided regarding the reopening on student athletes?
1. In alignment with the Governor’s “Virginia’s Return to School Plan” announced on Tuesday, June 9, the VHSL Executive Committee has cleared the way for schools to begin out-of-season practice activities beginning Monday, June 15. By a majority vote taken on Wednesday, June 10, the Executive Committee reinstated the Out-of-Season Practice Rule 27-7-1 and suspended the Summer “dead period” for all athletic teams during the week of June 29 through July 4. This only applies to 2020. In compliance with the Governor’s plan, it is important to note that before any out-of-season activity can begin, all schools must submit health plans to the Virginia Department of Education (VDOE) outlining compliance with Virginia Department of Health (VDH) and Centers for Disease Control and Prevention (CDC) mitigation strategies. More information can be found on the VHSL website.
What school athletics are allowed in Phase III?
1. In Phase III, the Phase Guidance is as follows for athletics: Indoor and outdoor recreational sports may occur if ten feet of physical distancing can be maintained by all instructors, participants, and spectators, with the exception of incidental contact or contact between members of the same household. This applies during instruction, practice, and during competitive events. Competition that involves close contact with other athletes must be avoided.
  
  For school athletics, the total number of attendees (including both participants and spectators) cannot exceed the lesser of 50% of the occupancy load on the certificate of occupancy, if applicable, or 250 persons. For sports played on a field, attendees are limited to 250 persons per field.
  
  This guidance is in alignment with the Forward Virginia Phase III Guidance for Recreational Sports-This is a PDF document..
  
  Additional guidance from VHSL for Phase III is forthcoming.

Transportation

What about annual physical requirements for bus drivers seeking continued employment contracts?
1. Section 22.1-178 of the Code of Virginia outlines the prerequisites for the hire or continuing employment of school bus drivers, including the need for a physical examination. As this requirement pertains to an employment contract between the local school board and its employees, local school boards should consult their school board attorneys regarding its implications. Local school divisions may also wish to consult with local health officials on options for administering physicals safely under the Governor’s directives.
Can partitions or clear plastic curtains be installed on school buses to protect the driver from possible infection?
1. Partitions and clear plastic curtains do not meet Federal Motor Vehicle Safety Standards (FMVSS) crash and flammability standards. Drivers can use PPE including face shields as long as the face shields do not impede the driver’s view.
Can large capacity hand sanitizer containers be installed on school buses?
1. Alcohol based hand sanitizers can be an accelerant in a fire and large dispensing stations would not meet FMVSS crash and flammability standards. If alcohol based hand sanitation is used, it should be dispensed in a clear plastic container that holds 12 ounces or less.
Can activity buses be used for student home to school and school to home transportation?
1. Vehicles with a registered capacity of 11 passengers (including the driver) and higher must be school bus yellow, have all of the safety warning lights, stop arm, crossing arm, and meet all Federal and Virginia safety and specification standards.
Is there guidance on school bus disinfecting?
1. Yes, refer to COVID-19 Resources for School Transportation-This is a Word document. for cleaning and disinfecting practices for school buses.
Can cars still be used for student transportation?
1. The Phase Guidance for Schools states that physical distance should be created between children in transportation situations with a limiting capacity as needed to optimize distance between passengers. If three to six feet of distance can not be maintained, wearing of face coverings is strongly encouraged and may help reduce disease transmission. If possible given the age of students, weather conditions, etc. consider opening windows to improve ventilation.
Is there any advice for bus transportation, where maintaining six feet of physical distance may be challenging?
1. The most important thing to strive for is to maintain a six foot distance between people on the bus to the extent possible. Passengers and drivers should be encouraged to wear a cloth face covering that covers the nose and the mouth, especially if six feet of distance is not feasible (inclusive of buildings and school buses). If optimal physical distancing (e.g. greater than 6 feet) is not possible, schools should implement a combination of face coverings and a minimum of three feet distance between everyone present. Children who live in the same household may share a seat.
  Where possible, it is also important to have as few people as possible on the bus at one time. In some communities, demand for bus service might be lower than in past school years because parents who have the option might choose to take their children to school or make arrangements to transport the children by other means that require less physically close interactions. Other strategies may include keeping windows of the bus open, when weather permits, to increase ventilation. Parents must be encouraged to check each child for fever or symptoms of COVID-19 and not send a child with illness to school. Children should have an opportunity to practice hand hygiene after getting off the bus, and high-touch surfaces in buses should be cleaned and disinfected after each route.

School Enrollment and Homeschooling

For Parents

Is kindergarten required in Virginia?
1. In Virginia, parents must ensure that a child attends school in compliance with the state compulsory attendance law as specified in § 22.1-254 of the Code of Virginia when the child has reached his fifth birthday on or before September 30 of any school year and has not passed his eighteenth birthday. However, any child who will not have reached his sixth birthday on or before September 30 of each school year whose parent or guardian notifies the appropriate school board that he does not wish the child to attend school until the following year because the child, in the opinion of the parent or guardian, is not mentally, physically, or emotionally prepared to attend school, may delay the child's attendance for one year.
  
  Grade placement (either kindergarten or first grade) will be determined by the local school division at the time of enrollment with consideration for factors such as age, academic records, and school readiness.
  
  In the case of any five-year-old child who is subject to compulsory attendance (see age requirements above), compulsory attendance may be alternatively satisfied by having the child attend any public educational pre-kindergarten program, including a Head Start program, or in a private, denominational, or parochial educational pre-kindergarten program.
  
  See Kindergarten FAQ
What are the requirements for home instruction?
1. The home instruction process is managed by the local division in which the parent and student reside; parents interested in home instruction will want to work with the administrative offices of their local school division on how to meet the below requirements and details of submissions.
  
  The Code of Virginia sets out a number of requirements for any parent who elects to provide home instruction to their student in lieu of school attendance.
  
  First, the teaching parent must demonstrate to the local school division that they meet one of the following:
  
  Option I - The teaching parent holds a high school diploma. The parent must submit to the school superintendent documentation which shows that the parent has earned a high school diploma or a higher credential (e.g., a certificate, an associate’s degree, a bachelor’s degree, a master’s degree, or a doctorate). A high school equivalency certificate (e.g., a GED) would not meet this requirement; or
  
  Option II - The teaching parent meets the qualifications for a teacher prescribed by the Board of Education. To qualify under this option, the parent must hold a teaching license or a letter of eligibility for licensure in Virginia and submit it to the school superintendent; or
  
  Option III - The teaching parent provides a program of study or curriculum which may be delivered through a correspondence course or distance learning program or in any other manner. If the child is enrolled in a correspondence course or distance learning program, the parent must submit evidence of such enrollment and a list of the subjects to be studied for the coming year to the school division; however, no judgment of the materials is required of the school division superintendent; or
  
  Option IV - The teaching parent provides evidence that he or she is able to provide an adequate education for the child.
  
  In addition to submitting evidence of having met one of the criteria, any parent who elects to provide home instruction shall send a notice of intent, on an annual basis, no later than August 15, to the school division superintendent. Alongside the notice of intent, the parent must also provide a description of the curriculum, limited to a list of subjects to be studied during the coming year.
  
  Lastly, the teaching parent is required to submit, by the following August 1, evidence of the child's academic achievement. This requirement can be met in a number of ways and the parent should work with the local school division to ensure they are providing the necessary documentation.
  
  These requirements are set out in § 22.1-254.1 of the Code of Virginia. Parents may find VDOE’s Home Instruction Handbook - Information for Parents to be a helpful resource in navigating the home instruction process.
Can I homeschool a student that is not my child?
1. As provided in the Code of Virginia, only a “teaching parent” is able to fulfill one of the four options for providing home instruction (refer to answer above).
  
  However, § 22.1-254 of the Code of Virginia allows parents to have their children taught by a tutor or a teacher who meets the teacher licensure qualifications prescribed by the Board of Education when that individual has been approved as a tutor by the school division superintendent. To meet the qualifications prescribed by the Board of Education, the tutor must have a valid Virginia teaching license in any area and may be a parent who meets the tutor qualifications.
  
  Parents unable to deliver instruction themselves may still be eligible for home instruction by providing their student a program of study or curriculum which may be delivered through a correspondence course or distance learning program or in any other manner (Option III). Parents may then also arrange for child care independently of the home instruction program. For questions or concerns about child care, please consult the Department of Social Services for information and resources.
What if I elect to begin home instruction after the school year has started?
1. Any parent who moves into a school division or begins home instruction after the school year has begun shall notify the division superintendent of his intention to provide home instruction as soon as practicable and shall thereafter comply with the requirements of this section within 30 days of such notice.
I am a parent that has submitted a notice of intent to provide home instruction for my student. Do I need to wait for approval or can I begin home instruction immediately?
1. Section 22.1-254.1.B of the Code of Virginia states that any parent who elects to provide home instruction in lieu of school attendance shall annually notify the division superintendent in August of his intention to so instruct the child and provide a description of the curriculum, limited to a list of subjects to be studied during the coming year, and evidence of having met one of the criteria for providing home instruction as required by 22.1-254.1.A.
  
  Once the parent has met the requirements to homeschool their student and provided the school division with the required documentation, they may begin homeschooling their student.
I am a tutor that has been approved by the school division superintendent, can I serve as a tutor for multiple students?
1. An approved tutor is able to serve multiple students, but should a tutor also be providing care or supervision of such children, they will need to also meet any applicable childcare requirements. Child care arrangements for up to five children (exclusive of the caregiver’s own children or children that reside in the home) do not need to be licensed. The Code of Virginia mandates the licensure of family day homes that provide care for five through twelve children (exclusive of the provider's own children and any children who reside in the home). The care may be offered in the home of the provider or in the home of any of the children in care. Please consult the Department of Social Services for information and resources on child care and licensure.
  
  Students receiving virtual or remote instruction through their public or private school have met the compulsory attendance law. Child care arrangements for up to five children (exclusive of the caregiver’s own children or children that reside in the home) do not need to be licensed. The Code of Virginia mandates the licensure of family day homes that provide care for five through twelve children (exclusive of the provider's own children and any children who reside in the home). The care may be offered in the home of the provider or in the home of any of the children in care. Please consult the Department of Social Services for information and resources on child care and licensure.

For Local School Divisions

Can I allow a non-parent to provide home instruction to a student?
1. Section 22.1-254.1(A) of the Code of Virginia provides four options by which a “teaching parent” can demonstrate that they are able to provide adequate educational programming for their student. School divisions would need to consult with their local school board attorney on what alternative types of educational programming can satisfy the requirements for each of the four options provided in the Code.
When a student is using a virtual or correspondence course via a private organization or school to meet compulsory attendance, do I report the student as receiving home instruction or in private school?
1. Section 22.1-254 of the Code of Virginia states that instruction in the home of a child or children by the parent, guardian, or other person having control or charge of such child or children shall not be classified or defined as a private, denominational or parochial school. However, beyond the types of instruction outlined above, the local school division will need to make the determination whether the instructional program constitutes home instruction or private school based on the information provided by the parent.

Top of Page