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Health & Medical

School Reopening Frequently Asked Questions – Updated May 13, 2021

Interim Guidance for Schools - March 2021

On March 23, 2021 Virginia updated its guidance for PreK-12 schools, now titled Interim Guidance: Operational Strategy and Phased Prevention for Virginia PreK-12 Schools-This is a PDF document. (PDF). The update was made to incorporate changes made in the CDC’s guidance as it relates to physical distancing in schools.

On March 19, 2021 the U.S. Centers for Disease Control and Prevention (CDC) updated their Operational Strategy for K-12 Schools through Phased Mitigation to permit for 3 feet of physical distancing in certain school circumstances, with universal mask use.

Key Elements of the Interim Guidance

• A step-by-step guide to considering reopening decisions
• CDC indicators and thresholds for evaluating community transmission (Note: corresponding updates to indicators and thresholds have also been made to the VDH School Metrics Data)

This updated framework serves as the most up-to-date guidance for Virginia schools to use as they plan for reopening schools in. 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.

On February 5, Governor Northam called on divisions throughout the Commonwealth to provide in-person learning options to students by March 15, in accordance with health and safety guidance. Final decisions about school reopenings remain at the discretion of local school boards, and divisions have been asked to update their instructional plans on file with the Department of Education to reflect changes they will make as a result.

1. What is new in the March guidance?
   The guidance includes many components of the previous guidance documents, and now incorporates some elements of the CDC’s Operational Strategy for K12 schools.
   
   Notably, CDC’s Operational Strategy now recommends a phased approach to applying instructional modality (e.g., in-person, hybrid, virtual), grouped by elementary vs. middle/high school, depending on the level of community transmission and adherence to mitigation strategies. This is reflected in the Revised Interim Guidance and the decision matrix for school reopening and phase mitigation.
   
   The CDC has updated the indicators and thresholds for evaluating community transmission, which is also reflected in the Interim Guidance. The CDC indicators and thresholds serve to inform decision making, but should not solely dictate the decisions that school divisions make to best serve their communities. The VDH website with these indicators and thresholds has been update to reflect the latest from the CDC.
   
   The Interim Guidance continues to recommend that a school division’s capacity to successfully implement mitigation strategies, the level of impact to a school (if open to in-person instruction), AND local community disease data be carefully factored into school operations plans.
   
   
2. Are schools required to open in person under the new guidance?
   No. School reopening decisions remain a local decision. The Interim Guidance is intended to serve as a resource for local health and education decision makers.
   
   
3. Are staff vaccinations a prerequisite for schools opening in person?
   No. Teachers and school staff are considered part of Phase 1B and are eligible to receive a vaccine when their local health districts enter Phase 1B. The Interim Guidance does not require staff to be vaccinated before schools offer in-person instruction. 
   
   
4. Are all school staff eligible for vaccines in Phase 1B?
   Yes. Any staff employed by a school, including but not limited to teachers, administrative staff, bus drivers, school nutrition staff, and student teachers, are eligible for vaccines in the definition of essential workers in Phase 1B. However, vaccine supply remains limited and vaccine distribution policies vary by health district. Please reference local health department policy for applicable details.
   
   
5. What changes with the Governor's announcement that all schools will be in-person on March 15?
   The Governor called on public school divisions to make in-person learning options available to at least some students by March 15. The specific implications will vary by division, based on their capacity to implement strong mitigation measures while offering in-person teaching and learning. This may necessitate hybrid schedules and/or the option only being available to a limited group of students within a division. The Interim Guidance: Operational Strategy and Phased Prevention for Virginia PreK-12 Schools-This is a PDF document. (PDF) recommends divisions prioritize certain students for in person learning, including young learners, students with disabilities and language learners. Additional students should be phased in as mitigation measures allow. 
   
   Schools should maintain remote options for students and staff who are safer at home.
   
   Schools must continue to implement mitigation measures with fidelity, including social distancing, mask wearing, enhanced cleaning and disinfecting, etc. 
   
   

Governor’s Executive Orders

Governor Ralph S. Northam updated Executive Order 72 (EO 72), effective April 21, 2021 (fifth amended EO72), which includes statewide measures to contain the spread of COVID-19. Additionally, Governor Northam has issued an updated version (sixth amended EO72) of Executive Order 72 to go into effect on May 15, 2021.

Social Gathering Limit

6. Do public and private schools fall under the gathering limit? (E072-This is a PDF document. (PDF))
   

   The gathering limit does not apply to “educational instructional settings.” This includes classrooms, buses, cafeterias and recess held on school grounds.

   Graduation ceremonies in which degrees or diplomas are conferred are also exempt from the gathering limits, and subject to their own restrictions.

   Additionally, school based fine arts performances and school athletic events are exempt from the gathering limit and must comply with event-specific restrictions outlined in the EO and in effect on the day of the event.

   The presence of 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.” This includes, but is not limited to, school activities such as: social picnics, school dances and prom, and awards ceremonies in which degrees or diplomas are not conferred to which parents or the public are invited. These activities are subject to the gathering limits in place via Executive Order at the time they occur.

   
   
7. Do school sports fall under the gathering limit? (EO72-This is a PDF document. (PDF))
   No, school affiliated sports are not considered social gatherings but are included in the Recreational Sports section of EO 72. See EO72 for the current indoor and outdoor spectator limits for high school athletics.
   
   
8. Can our school or division bring in students for assessment purposes?
   Yes, bringing students in for assessment purposes does not constitute a “social gathering” under EO 72. Mitigation measures should be implemented for such activities.
   
   
9. Do child care settings fall under the gathering limit? (EO72-This is a PDF document. (PDF))
   The social 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.
   
   
10. Are school board meetings impacted by the gathering limit?
    No, these meetings are not considered social gatherings under EO 72 but rather, are operations of government and are therefore exempt.

Mask Mandate for Children Aged 5 and Older

11. Do children 5 and older have to wear masks in school or child care? (EO72-This is a PDF document. (PDF))
    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. However, the Virginia Department of Health recommends wearing a mask while exercising or participating in athletics-This is a PDF document. (PDF) at this time.
    
    
12. Do students have to wear masks while playing sports or participating in PE?
    The mask mandate in Executive Order 72 does not apply when an individual is exercising or using exercise equipment. However, the Virginia Department of Health recommends wearing a mask while exercising or participating in athletics-This is a PDF document. (PDF) at this time.
    
    
13. Do students or staff need documentation from a medical professional for an exemption to the mask mandate?
    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.
    
    
14. What about 4-year-olds in preschool settings in a school building?
    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.
    
    
15. Does this change anything for staff or other adults wearing masks in schools?
    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.
    
    
16. Does the mask mandate apply to school board meetings?
    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

17. What Guidance should schools follow when considering whether to provide or continue in person instruction?
    

    The March 23, 2021 Interim Guidance: Operational Strategy and Phased Prevention for Virginia PreK-12 Schools-This is a PDF document. (PDF)is the most up to date guidance for Virginia schools. This version incorporates changes made in the CDC’s guidance as it relates to physical distancing in schools. This version of the guidance replaces all previously published guidance and reflects the latest from the Virginia Department of health.
    
    VDH recommends that the CDC Operational Strategy, including the revised Indicators and Thresholds, is best used together with the Interim Guidance for PreK-12 School Reopening and the U.S. Department of Education COVID-19 Handbook Volume 1: Strategies for Safely Reopening Elementary and Secondary Schools.

18. Can schools reopen if teachers and staff are not yet vaccinated?
    Teachers and school staff are considered part of Phase 1B and are now eligible for the COVID-19 vaccine in some parts of Virginia. The March 2021 Revised Interim guidance does not require staff to be vaccinated before schools offer in-person instruction. 
    
    
19. Should schools test or screen students or staff for COVID-19 symptoms?
    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. (PDF) 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-This is a PDF document. (PDF) guide provides detailed considerations for schools in developing such policies.  Sample health screenings-This is a Word document. (Word) and sample health entrance questionnaires are available from VDOE in English-This is a Word document. (Word) and Spanish-This is a Word document. (Word).
    
    
20. What should schools do if an individual is experiencing flu-like or COVID-19 symptoms?
    If an individual answers YES to any of the screening questions at or before arriving at school, the individual 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-This is a PDF document. (PDF) for cleaning/disinfecting of space or CDC, Everyday Steps, Steps When Someone is Sick, and Considerations for Employers-This is a PDF document. (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-This is a PDF document. (PDF), 2-pager-This is a PDF document. (PDF) (12/8/20)
    
    
21. What can schools do to protect vulnerable students and employees from COVID-19?
    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 Revised Interim Guidance for Reopening Schools continues to recommend remote learning and teleworking options be made available to students and staff that fall into this category.
    
    
22. What should schools do if a student or staff member is exposed to a COVID-19 positive person?
    The CDC provides guidance for people exposed to others with known or suspected COVID-19. Public health recommendations are updated to accommodate new scientific evidence, evolving epidemiology, and the need to simplify risk assessment. Please visit the VDH site for the most up to date information on what to do if you were potentially exposed to COVID-19.
    
    
23. Who is not required to stay home (quarantine) after having close contact with someone with COVID-19? Are there different requirements for fully vaccinated individuals?
    • People who have had COVID-19 in the past 3 months as long as they do not develop new symptoms.* 
    • People who have been fully vaccinated for COVID-19 within the past 3 months as long as they have no symptoms and they are not inpatients or residents of a healthcare setting.* 
      
      • Fully vaccinated means 2 weeks or more have passed since receipt of the second dose of a two-dose vaccine, or 2 weeks or more have passed since receipt of one dose of a single-dose vaccine. 
      • Healthcare settings include hospitals and long-term care facilities (e.g., nursing homes, assisted living facilities). 
    • People who have had close contact with a person who was a close contact to someone with COVID-19 (  “contact of a contact”). If your contact tests positive for COVID-19, then you should stay home (quarantine). 
    * It is very important that people who are not required to stay home (quarantine) monitor themselves for symptoms for 14 days after their last exposure and continue following all recommendations (e.g., wear a mask, stay at least 6 feet away from others, avoid crowds, and wash hands often).
    
    
24. What guidance is there related to the cleaning of school buildings?
    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. (PDF), and an infographic on cleaning your facility when someone has been diagnosed with COVID-19-This is a PDF document. (PDF).
    
    
25. What can schools do to minimize the spread of COVID-19?
    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 wash 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.
    
    
26. What should schools consider before purchasing hand sanitizing products?
    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 cack with the vendor where these supplies were purchased.
    
    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.


27. What do schools need to know about contact tracing?
    VDH has issued guidance on contract tracing specific to child care and PreK-12 schools-This is a PDF document. (PDF). 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.
    
    
28. What is the definition of exposure in a school setting?
    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. 
    
    
29. When are classroom or school closures triggered?
    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.
    
    
30. How do you determine when a school should close, and if so, for how long after a case is detected in the school population?
    Schools should notify their local health department when outbreaks of COVID-19 in the school population are suspected or confirmed, report cases to the VDH and when applicable, the Department of Labor and Industry. 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.
    
    
31. 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. (Word)
    2. Positive case with exposure in schools-This is a Word document. (Word)
       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.
       
       
32. When can someone return to school after recommended isolation or quarantine?
    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. (PDF).  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-This is a PDF document. (PDF).
    
    
33. Have immunizations been waived for students during the pandemic?
    The requirement to provide proof of immunization has not been waived. Section 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.
    
    
34. What is the best way to monitor the staff and students?
    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. (PDF) 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.
    
    
35. Should face shields be used instead of face masks?
    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.
    
    
36. Are plexiglass barriers acceptable alternatives to six feet of physical distance?
    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.
    
    
37. Can elementary schools use playground equipment? If so, how often does equipment need to be disinfected?
    Yes. The size of groups gathering outdoors and the mixing of classrooms on the playground should be limited, as noted in Interim Guidance for Reopening 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.
    
    
38. 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?
    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.
    
    
39. What is the AAP (American Academy of Pediatrics) Guidance?
    The AAP, a national association of pediatricians, issued guidance for communities to consider as they make decisions about school reentry.
    
    
40. Will the schools be providing medical-grade PPE for all staff members and students along with guidelines on how to use it?
    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. Designated school health staff will have access to training and guidance on how to appropriately use PPE.
    
    
41. Will there be a clear and thorough notification system for those exposed to anyone who tests positive for the virus (contact tracing)?
    The VDH has developed guidance for schools parents and child care on contact tracing-This is a PDF document. (PDF) and local public health departments and school divisions are working together to ensure protocols are followed and individuals are properly notified through this process.
    
    
42. Will students or staff who exhibit symptoms be required to show a negative COVID-19 test to return to school or work?
    The CDC and VDH do 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 -This is a PDF document. CDC criteria for return to school should do so. The VDH created a release from isolation or quarantine guide-This is a PDF document. (PDF) to determine when those exposed to or diagnosed with COVID-19 can return to work or school.
    
    
43. Will there be protocol for sick students?
    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.
    
    
44. When can individuals with symptoms of COVID 19 discontinue home isolation?
    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.
    
    
45. What symptoms or considerations do parents need to address as part of the home screening process?
    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-This is a PDF document. (PDF).  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.
    
    
46. What things should parents consider before making a decision to attend school virtually or in-person?
    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.
    
    
47. Have physicals for kindergarten and elementary been waived for students during the pandemic?
    The requirement to provide a physical has not been waived. Section 22.1-270 of the Code of Virginia states that a public 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.
    
    
48. Are school divisions still required to perform vision and hearing screens in the 2020-2020 school year?
    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.
    
    
49. How can school divisions address challenges with utilizing health mitigation strategies effectively?
    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 also has 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.
    
    
50. Are teachers and day care workers required to wear face coverings?
    Yes.  Both Executive Order 72 and the Virginia Department of Labor and Industry’s (DOLI) Emergency Temporary Standards require the use of cloth face coverings by day care workers and teachers when indoors and in proximity to others. 
    
    
51. Are students or staff with COVID-19 allowed in school buildings? When may they return?
    No. Students and staff with COVID-19 should not be in school buildings. Individuals should follow guidance on when to end isolation before returning to public.
    
    
52. Where can I find information for school health staff and school nurses regarding COVID-19 in Schools?
    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.
    
    
53. What are the recommended mitigation strategies for school-based physical education and recess?
    Adherence to COVID mitigation measures are critically important in physical education (PE) and recess settings. The CDC School Operational Strategy Document and Virginia’s Revised Interim Guidance for PreK-12 Schools recommend 5 key mitigation measures, and schools should implement them in all school based settings. Below is a summary of current recommendations on these strategies as they apply to physical education and recess:
    
    Universal Masking
    • Governor Northam’s Executive Order 72 (EO72) requires every individual age 5 and older to wear a mask in any indoor setting shared with others.
    • EO72 requires every individual age 5 and older to wear a mask in outdoor settings when at least 6 feet of distance around others cannot be maintained.
    • Under EO72, masks may be removed when exercising. However, VDH strongly encourages individuals to wear masks when playing sports, exercising, etc. during times of high community transmission.
    • Please note that removing masks creates increased risk. If students are removing masks while exercising, additional mitigation measures should be implemented - such as additional distance (10 feet is required in private gyms by EO72) or moving activity outside for greater spacing and increased ventilation.
    • Proper usage of a mask is critical, it should be well fitting and cover both the mouth and nose.
    • Plastic face shields are not a replacement for face masks.

    Physical Distancing

    • CDC and Virginia’s Revised Interim Guidance recommend maintaining 6 feet of distance, both inside and outside, to the greatest extent possible.
    • If students are exercising without masks indoors, it is strongly recommended that distance between individuals is increased to 10 feet. This is consistent with EO72 requirements for private gyms.
    • Physical distancing also includes the podding and cohorting of students to the greatest extent possible, so that different groups of students do not mix. Therefore, schools are encouraged to limit the mixing of classes during PE and recess to the extent possible.

    In addition, the other mitigation measures (proper hand washing; cleaning and disinfecting; and increased ventilation) are important in a PE or recess environment. 

    • When possible and safe, schools should conduct PE and recess outside for increased ventilation.
    • The CDC recommends saving high intensity exercise for outdoor settings and maintaining distance during such activities.
    • Schools should reinforce proper handwashing techniques before/after class and provide hand sanitizer on the way in and out if possible.
    • Schools should disinfect and clean shared equipement between classes. See CDC Mitigation Toolkit-This is a PDF document. (PDF) for recommendations on cleaning products. This includes exercise equipment, mats, recess equipment, etc.

    General Resources and Links:

    • CDC on recreational gyms/sports
    • VDH guidance on sports

School Budget and Finance

54. 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?
    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.
    
    
55. 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?
    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. 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.
    
    
56. Should divisions consider furloughs of teachers this year?
    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. 
    
    
57. Are construction costs an allowable use of the ESSER LEA formula funds?
    

    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 remodeling and renovation, subject to prior written approval by the VDOE as SEA.  As is the case with all activities charged to the ESSER Fund, construction 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 allowable. 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 or the installation of wall barriers to increase social distancing in building spaces). This may also include maintenance, repair, replacement, and upgrade projects to improve the indoor air quality in school facilities, including mechanical and non-mechanical heating, ventilation, and air conditioning systems, filtering, purification and other air cleaning, fans, control systems, and window and door replacement. The factors below will be strongly considered when reviewing a school division's justification for a request related to the purchase of real property and/or the construction of facilities, especially new construction:

    • The request addresses a need that has emerged during the pandemic and does not serve the purpose of fulfilling a previously unfunded or underfunded capital project need that preceded the pandemic AND is not related to a pandemic-related need.
    • The timeline for completing the request will result in the division addressing the identified need (for example, increasing a division's capacity for face-to-face instruction) within a reasonable time period that is not expected to extend beyond the time period during which pandemic protocols are in effect.

    Approved remodeling 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 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).
    
    

58. Can ESSER LEA formula funds be used to purchase or lease buses, vehicles, and trailers/modular classrooms?
    Yes.  If the purchase or lease of buses, vehicles, and trailers is reasonable and necessary to meet the overall purpose of the program, which is “to prevent, prepare for, and respond to” the COVID-19 pandemic, this is an allowable use of ESSER LEA formula funds. Purchases or lease agreements must comply with applicable Uniform Guidance requirements including 34 CFR §200.310, §200.313, §200.439, and §200.447. Costs associated with bus, vehicle, or trailer purchases or leases that persist after the end of the grant award period must be assumed by the local school division.
    
    
59. When purchasing software licenses, we can get a substantial discount if we purchase multi-year subscriptions. Is this allowable under ESSER? 

    Yes, but proper accounting of the license and tracking of expenditures is required. Licenses could be prepaid that extend beyond the fiscal year of purchase, but only up to September 2022, which is the end of the grant performance period. 

    If purchasing a license that goes beyond September, 2022, a district would need to prorate the cost applied to the ESSER grant for an amount up to September 2022 and apply the remaining cost to another source, likely general fund.

    In recording the initial payment for the licenses, the district will need to book the prorated portion that is applicable to year 2021 and 2022 as a ‘prepaid ’ cost then reverse the entries in 2021 (2021 portion) and again in 2022 (2022 portion). It is recommended that you consult with your auditors regarding the appropriate classification of a multi-year license/subscription purchase.

Instruction

60. Are there any waivers available for Behind-the-Wheel programs?
    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).
    
    
61. 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:
1. All driver education instruction must follow the state-standardized curriculum approved by the Virginia Board of Education as required by the Code of Virginia;
2. Instruction may be delivered remotely and must include synchronous components;
3. Instructional time must be documented;
4. The school administrator must verify that the driver education program meets the 36-period requirement;
5. 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);
6. 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
7. The Driver Education Certificates of Completion (DEC-1 or DEC-8) must be signed by the teacher of record and a school administrator.
   
   
62. Can school divisions donate or loan CTE equipment during the COVID-19 pandemic?
    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-This is a PDF document. (PDF) of any donated or loaned equipment.
    
    
63. Will new health and safety requirements related to COVID-19 impact electives and specials/resource course offerings for the 2020-2021 school year?
    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.
    
    VDOE’s position is 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.
    
    
64. Is there any flexibility for providing remedial programming during summer session?
    Please note, at this time, the waiver that provided additional flexibility for the summer 2020 Remedial Summer School program does not extend to the summer 2021 Remedial Summer School program that will occur in FY22. School divisions will be notified if a similar waiver and flexibility becomes available for the summer 2021 program.
    
    Refer to School State Policy Waivers for additional conditions and details of this flexibility.
    
    
65. What procedures should school divisions implement to identify potential English learners (ELs)?
    On May 18, 2020, the U.S. Department of Education (USED) released a Fact Sheet-This is a PDF document. (PDF) 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 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).
    
    
66. Is there relief from the CTE credential requirement for students graduating in 2020-2021?
    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.
    
    
67. Is there relief from the student selected test requirement for students graduating in 2020-2021?
    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)
    
    
68. Will students graduating in 2020-2021 be required to meet the CPR graduation requirements?
    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)
    
    
69. 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?
    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)
    
    
70. What relief is there with regard to the K-3 Class Size Reduction Program?
    A waiver has been issued for the 2020-2021 school year 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)
    
    
71. Are there privacy or FERPA concerns when conducting virtual classrooms and recording lessons for absent students?-This is a PDF document. (PDF)
    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. (PDF). 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. 
    
    
72. Is there any relief or flexibility for students seeking a verified credit for courses in which they are enrolled in Fall 2020 or Spring or Summer 2021?

    At its January 28, 2021 business meeting, the Board of Education approved an update to the Emergency Guidelines for Locally-Awarded Verified Credits-This is a Word document. (Word). The revised Emergency Guidelines remove barriers to earning a verified credit for students who continue to be impacted by ongoing pandemic conditions in the 2020-2021 school year 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 or spring or summer of 2021. 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 or summer 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.

    Lastly, additional flexibility was offered to students graduating in the 2020-2021 school year, whether fall, spring or summer, to ensure these students were able to earn the verified credits needed for graduation. For 2020-2021 graduates ONLY, students may earn TWO locally-awarded verified credits for courses in which they were enrolled prior to spring of 2020. These students may earn a locally-awarded verified credit if they: (1) pass the corresponding high school course; and (2) have attempted the associated Standards of Learning assessment and receive a score within the 350 – 399 range (this attempt may have been immediately following the course); and (3) have received sustained and targeted remediation since taking the course; and (4) demonstrate mastery of the standards, competencies, and objectives of the entire course through a locally-determined verification process.

    These new flexibilities are in addition to those already available to students who were impacted by the extended school closures in spring and summer of 2020.

    Please review the Emergency Guidelines for Locally-Awarded Verified Credits-This is a Word document. (Word) carefully for additional detail on student and course eligibility for the use of the revised locally-awarded verified credit process.
    
    

73. What guidance is available for implementing services using Algebra Readiness Initiative (ARI) funding?
    An Algebra Readiness Initiative (ARI) Guidance Document-This is a PDF document. (PDF) 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.
    
    
74. 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?
    At its January 28, 2021 business meeting, the Board of Education approved an update to the Emergency Guidelines for Locally-Awarded Verified Credits-This is a Word document. (Word). The revised Emergency Guidelines remove barriers to earning a verified credit for students who continue to be impacted by ongoing pandemic conditions in the 2020-2021 school year 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 or spring or summer of 2021. 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 or summer 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.

    Lastly, additional flexibility was offered to students graduating in the 2020-2021 school year, whether fall, spring or summer, to ensure these students were able to earn the verified credits needed for graduation. For 2020-2021 graduates ONLY, students may earn TWO locally-awarded verified credits for courses in which they were enrolled prior to spring of 2020. These students may earn a locally-awarded verified credit if they: (1) pass the corresponding high school course; and (2) have attempted the associated Standards of Learning assessment and receive a score within the 350 – 399 range (this attempt may have been immediately following the course); and (3) have received sustained and targeted remediation since taking the course; and (4) demonstrate mastery of the standards, competencies, and objectives of the entire course through a locally-determined verification process.

    These new flexibilities are in addition to those already available to students who were impacted by the extended school closures in spring and summer of 2020.

    Please review the Emergency Guidelines for Locally-Awarded Verified Credits-This is a Word document. (Word) carefully for additional detail on student and course eligibility for the use of the revised locally-awarded verified credit process.

75. Is there any relief or flexibility for students seeking a verified credit for courses in which they earned a standard unit of credit prior to spring 2020?

    Yes, there are options to access the amended locally-awarded verified credit process for students who earned a standard unit of credit in a course prior to the spring of 2020. These flexibilities are as follows:

    Students graduating in 2020-2021 or beyond who earned a standard credit prior to the spring 2020 semester, may be eligible for ONE verified credit using the amended locally-awarded verified credit process if they: (1) previously failed the corresponding Standards of Learning (SOL) end-of-course test needed for verified credit with any scaled score; and (2) were scheduled to take the SOL end-of-course test in the spring 2020 test administration; and (3) in spring or summer 2020 were provided with targeted and sustained remediation or enrolled in a course intended to prepare them for taking the previously failed SOL end-of-course test; and (4) demonstrate mastery of the standards, competencies, and objectives of the entire course through a locally-determined verification process.

    Students graduating in the fall of 2020 or spring or summer of 2021 ONLY may also be eligible for an additional TWO verified credits using the amended locally-awarded verified credit process if they: (1) pass the corresponding high school course; and (2) have attempted the associated Standards of Learning assessment and receive a score within the 350 – 399 range regardless of when the test attempt was made; and (3) have received targeted and sustained remediation on course content since having taken the course; and (4) demonstrate mastery of the standards, competencies, and objectives of the entire course through a locally-determined verification process.

    Please review the Emergency Guidelines for Locally-Awarded Verified Credits-This is a Word document. (Word) carefully for additional detail on student and course eligibility for the use of the revised locally-awarded verified credit process.

76. How should divisions manage inclement weather days during the 2020-2021 school year? 
    In October, the VDOE issued Superintendent ’s Memo #272-20-This is a Word document. (Word) with regard to remote learning days during inclement weather. Remote learning provides school divisions with more options for serving students in non-traditional settings during inclement weather, but this also poses a unique set of operational and logistical challenges. The memo outlines a number of issues divisions should consider, such as equitable access to power, internet, devices, and instructional content. Divisions should also consider whether or not meal service and nutrition supports can be provided safely, or in advance of, inclement weather days. Provision of school meals in the traditional format is not a requirement for remote learning days, but rather, should be carefully considered and all safe and feasible options should be exhausted. 
    
    School divisions must ensure that students served by special education have access to a learning platform that is comparable to those being provided to their peers. To the greatest extent possible, the school division must provide the student with the services required by the student’s Individualized Education Program (IEP). In many cases, instructional accommodations may be met in a virtual environment by providing additional supports, such as an individualized telephone call or video conferencing. When proposing to use virtual distance learning, there are several factors that the child’s IEP Team needs to consider. Some factors to consider include the complexity of the student’s special education and related services needs, the context and environment in which the student interacts, and the support needs of the student and his/her parent(s)/caregiver(s) with using technology. IEP Teams should consider how the current services, accommodations, and modifications are provided in a physical classroom setting (i.e., extra time, redirection, small group, among others) and what this would look like in a virtual environment. If there are services, accommodations, and modifications required by the student’s IEP that cannot be provided during this time, the student’s IEP Team must determine which services it can provide to meet the student’s needs and any needed changes in services, accommodations, and modifications can be made through the IEP amendment process.
    
    If school divisions are able to provide comparable instruction and services to each student on these days, instruction can be counted towards “completion” for the length of school term and core instruction hours for this school year.
    
    
77. Do CTE class size requirements take into consideration hybrid instructional settings where some students are attending in person and others are attending virtually?

    According to 8VAC20-120-150 Maximum Class Size-This is a Word document. (Word), enrollment in career and technical education courses shall not exceed the number of individual work stations. Career and technical education laboratory classes which use equipment that has been identified by the U.S. Department of Labor for hazardous occupations shall be limited to a maximum of 20 students per laboratory. In a face-to-face operating status this has and continues to be a requirement.

    Based on school divisions ’ operating status for the 2020-2021 school year in response to the COVID-19 pandemic, it is understandable that a specific course identified by the U.S. Department of Labor for hazardous occupations may exceed the 20-student cap in a hybrid or all virtual status. For the 2020-2021 school year, this is permissible in a hybrid or all virtual status, as long as the caps are not exceeded in in-person settings. This will be identified as a warning when submitting the Secondary Enrollment Demographics Form (SEDF) end-of-year report through the division ’s Master Schedule Collection reporting. A justification will need to be provided indicating the specific course was all virtual or in a hybrid format and did not exceed the in-person class size caps. Please be reminded that you will not be able to submit the SEDF report through the SSWS without completing the justification.

    If you have questions concerning maximum class size for CTE courses, please contact Dr. David Eshelman, Director, Workforce Development and Initiatives, at David.Eshelman@doe.virginia.gov. 
    
    
78. Is there any relief or flexibility for students seeking a verified credit for courses in which they earned a standard unit of credit prior to spring 2020?

    Yes, there are options to access the amended locally-awarded verified credit process for students who earned a standard unit of credit in a course prior to the spring of 2020. These flexibilities are as follows:

    Students graduating in 2020-2021 or beyond who earned a standard credit prior to the spring 2020 semester, may be eligible for ONE verified credit using the amended locally-awarded verified credit process if they: (1) had not passed the corresponding Standards of Learning (SOL) end-of-course test needed for verified credit with any scaled score; and (2) were scheduled to take the SOL end-of-course test in the spring 2020 test administration; and (3) in spring or summer 2020 were provided with targeted and sustained remediation or enrolled in a course intended to prepare them for taking the previously failed SOL end-of-course test; and (4) demonstrate mastery of the standards, competencies, and objectives of the entire course through a locally-determined verification process.

    Students graduating in the fall of 2020 or spring or summer of 2021 ONLY may also be eligible for an additional TWO verified credits using the amended locally-awarded verified credit process if they: (1) pass the corresponding high school course; and (2) have attempted the associated Standards of Learning assessment and receive a score within the 350 – 399 range regardless of when the test attempt was made; and (3) have received targeted and sustained remediation on course content prior to having attempted the SOL end-of-course assessment; and (4) demonstrate mastery of the standards, competencies, and objectives of the entire course through a locally-determined verification process.

    Please review the Emergency Guidelines for Locally-Awarded Verified Credits (Word) carefully for additional detail on student and course eligibility for the use of the revised locally-awarded verified credit process.

79. Is there relief from Career and Technical Education (CTE) competencies in courses that require demonstration of technical skills attainment for the 2020-2021 school year?

    Yes. If a student has not demonstrated mastery of 80 percent of the competencies, the school division should develop a plan to provide the student an opportunity to master the content necessary for awarding standard credit. Provided the student demonstrates mastery of the majority of competencies, the EOY-SRC flag for student competency should be checked YES.

    The school division’s plan to address missing content should not prevent student graduation, promotion to the next grade level, or the next sequential course. While the student is completing missing content, the VDOE recommends that schools denote, through any means allowable in the student information system, the credits on the transcript with an asterisk or note explaining that the asterisk or note will be removed upon completion of the missing content. For purposes of documenting graduation credits, the student should receive the standard credit with the same asterisk or note until the missing content is completed.

    Student competency attainment must be submitted to the VDOE with a YES or a NO identifying students that have achieved 80 percent of the competencies. Students that have completed 80 percent of the required competencies should be identified with a YES in state reporting. For students who are not passing a class, the VDOE recommends that these students be provided with opportunities to demonstrate competency so that a standard credit may be awarded.

Assessment and Accountability

80. Will VDOE cancel Standards of Learning (SOL) testing?
    In November 2020, the Superintendent of Public Instruction issued a state-level waiver-This is a Word document. (Word) allowing school divisions the flexibility to choose to administer local alternative assessments in lieu of administering the required Virginia Studies, Civics and Economics, and Grade 8 Writing Standards of Learning (SOL) tests in the 2020-2021 school year.
    At this time, the remainder of the SOL tests scheduled for the 2020-2021 school year, which are all federally mandated or which may be used by students to earn verified credit, 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.
    
    
81. How are ISAEP students and GED testing impacted?
    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.
    
    
82. 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?
    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.
    
    
83. What is the impact on SAT administration?
    The College Board is continuing to provide limited testing opportunities in alignment with local health precautions.  For the latest updates, please visit CollegeBoard.org.
    
    
84. How will accreditation be determined for the 2021-2022 school year based on data from 2020-2021?
    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.

     

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. (Word) document.

Special Education and Student Services

85. Will timelines for special education, particularly the state or federal calendar, be adjusted?
    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.
    
    
86. Must school divisions continue to engage in child find?
    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.
    
    
87. May a school division delay the completion of all evaluations until physical school buildings reopen?
    As stated previously, some evaluations that cannot be completed without face-to-face activities may need to be delayed. 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.
    
    
88. What are the considerations for homebound instructions as schools reopen?
    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.
    
    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. (Word).
    
    
89. 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?
    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.
    
    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 omlss@wm.edu.
    
    
90. What can Migrant Education Programs (MEPs) do to support the unique needs of migratory students?On May 11, 2020, the U.S. Department of Education (USED) released a Fact Sheet-This is a PDF document. (PDF) 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.
    
    
91. How can schools reduce the risk to food allergy exposure when meals are served in the classroom?
    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.
    
    
92. What can parents do before school starts to keep their child with food allergies safe at school?
    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.
    
    
93. How can schools assist refugees or migratory populations during the COVID 19 Pandemic?
    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.
    
    
94. May related service providers offer treatment or evaluate students who are sheltering in homes outside of Virginia?
    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. (PDF) 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.
      
      
95. For children who require suctioning or need breathing treatments during school hours, do schools need to be concerned about aerosolizing the virus that causes COVID-19?
    

    During the COVID-19 pandemic, asthma treatments using inhalers with spacers (with or without a face mask, according to each student’s individualized treatment plan) are preferred over nebulizer treatments whenever possible in the school setting. The use of asthma inhalers (with or without spacers or face masks) is not considered an aerosol-generating procedure. CDC recommends that nebulizers in school should be reserved for instances where children cannot use inhalers, do not have access to an inhaler or for children who are in significant respiratory distress while awaiting emergency transport.
    

    Suctioning and nebulizer treatments should be performed in a space that limits exposure to others and with minimal staff present, limited to the student and staff member performing the treatment.  The staff member should put on  proper personal protective equipment  (N95 mask, goggles or face shield, gloves and gown). Rooms should be well ventilated or the treatment should be performed outside. After the student receives treatment, the room should undergo routine cleaning and disinfection. Routine cleaning and disinfecting of the room is adequate and the room does not need to be vacated for any period of time. A list of EPA-approved disinfectants can be found on the EPA website

School Nutrition

96. Can divisions serve multiple days of food at once?
    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.
    
    
97. Can divisions serve food without their child present?
    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.
    
    
98. 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?
    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: 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 omlss@wm.edu.
    
    
99. What USDA waivers are available for school and child nutrition programs, and how do local school divisions elect to use these?
    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.
    
    
100. What flexibility is there with data collected associated with Breakfast After the Bell?
     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 (VDSS) website and questions can be answered by submitting your question using the VDSS P-EBT online inquiry form.

101. What is Pandemic Electronic Benefit Transfer (P-EBT)?
     P-EBT is a temporary food purchasing assistance benefit available in Virginia during school closures and remote learning 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 or learning was fully in person. 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.
     
     
102. What is the purpose of P-EBT?
     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 and remote learning, such as the Seamless Summer Option (SSO) and the Summer Food Service Program (SFSP), or the summer meal programs
     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, or remote learning,  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 or a change to remote learning,  during a public health emergency designation 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 or the student is learning remotely for one or more days per week.
       
       
103. Which students are eligible for P-EBT benefits?
     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 or the student is learning remotely for one or more days per week 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 enrolled in a provisional breakfast only school are not automatically eligible for P-EBT. Only students enrolled in P2 schools who were also determined free or reduced-price eligible for the National School Lunch Program 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.
       
       
104. What data must local education agencies (LEAs) provide for the P-EBT?
     LEAs must use the VDSS required template provided by VDOE to submit the required P-EBT data. The data source should be the LEA’s student information system (SIS) or point of sale system (POS) or both.
     The required data fields for all eligible students must be completed. Other data fields in the spreadsheet are optional. Do not delete columns from the VDSS template. If optional data is not available, submit the column in the required position in the spreadsheet with no data.
     
     P-EBT benefits are determined based on the student’s eligibility and enrollment on the date the LEA creates the file. The LEA must send the completed file to VDOE and VDSS through the secure, confidential VDOE SSWS dropbox. To be included in the issuance, the data must be submitted by the VDSS established deadline for each occurrence. Files submitted after the deadline cannot be included in the issuance and households will not receive P-EBT benefits on the scheduled issuance date. VDSS will schedule a future issuance date for files that missed the deadline for  that occurrence. It is required for the LEA to notify eligible households of the delay in benefits if the LEA misses the VDSS file submission deadline. Students determined eligible after March 13 will receive a prorated amount of P-EBT.
     
     
105. How will households be notified about the P-EBT?
     VDSS  will issue a P-EBT press release to the major newspaper and television outlets throughout the state when the new state plan is approved. VDSS will also provide an updated P-EBT client flyer for LEAs to distribute to P-EBT eligible households. VDSS will notify SNAP recipient households with school age children about P-EBT through their regular communication channels.
     
     ON the VDSS website, LEAs can access a P-EBT client 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 contact information  for households to use 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. The flyer may also be posted to the LEA website.
     
     LEAs received a detailed Frequently Asked Questions (FAQs) document in May 2020, targeted to households and P-EBT recipients. The LEA may post the Household FAQs to the LEA website. LEAs may 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.
     
     
106. If eligible, how much P-EBT will households receive?
     The ongoing P-EBT bebenfit program will establish a monthly benefit amount for each student who is determined to be on a fully remote learning plan and a prorated benefit amount for students on a hybrid remote learning plan. The amount will be determined by VDSS and approved by USDA in the state plan.
     
     
107. When will P-EBT be available to households?
     Eligible recipients will receive the P-EBT benefits on a monthly schedule from January through the end of the 2020-2021 school year. The schedule will be established by VDSS and approved by USDA in the state plan. Current SNAP households will receive P-EBT benefits for all eligible students on their existing EBT card. Previously eligible SNAP households may also receive P-EBT to their existing EBT card and account. Eligible households should use the ConnectEBT website, app, or phone number to check their SNAP EBT account for the P-EBT benefits when the monthly issuance date has been established by VDSS. VDSS will send non-SNAP households benefits on either the existing P-EBT card, which households should keep for all future benefits, or a new P-EBT card by mail. New P-EBT cards will take 10-14 business days after the issuance date to arrive in the US mailInstructions for how to activate the card will be included with the P-EBT card. Other questions about the P-EBT benefit, such as where it can be used and what recipients can buy with P-EBT are in the P-EBT client flyer for households. Please distribute the client flyer by any available means to households that will receive P-EBT. Instructions for replacing a lost or discarded P-EBT card and how to PIN the card are available on the Connect EBT website, app or phone number.
     
     
108. What will happen to the P-EBT card if the household address is wrong?
     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.
     
     
109. What should households that need food right now do?
     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.
     
     
110. What is the contact information for households that need help with setting up their card or have lost it?
     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. 
     
     
111. What should households that receive a card do if they do not want the P-EBT benefits?
     Households that do not want to use their P-EBT benefits must destroy the P-EBT card when receive it. P-EBT benefits are not transferable. 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

112. Will the state waive the 15-day drop period for students?
     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.
     
     
113. 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?
     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.
     
     
114. How should attendance be tracked?
     Attendance policy is a local matter. Superintendent’s Memo 188-20-This is a Word document. (Word) 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

115. What overall guidance is required for flexibility provisions for licensure?
     The Licensure Flexibility Provisions At-A-Glance-This is a PDF document. (PDF) chart provides information regarding individuals applying for renewal, license holders whose Provisional Licenses expired on June 30, 2020, and candidates completing Virginia educator preparation programs except licensure assessments.
     
     
116. What if individuals holding provisional licenses expiring June 30, 2020, cannot meet the requirements for a renewable license this year due to circumstances related to COVID-19?
     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.
     
     
117. What flexibility is available when an individual does not have evaluations for each year of the original three-year provisional license, for whom division superintendents and school administrators of accredited schools want to request a one-year extension (July 1, 2020 to June 20, 2021)?
     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 Virginia division superintendent or school administrator of accredited schools. The extended provisional license will be effective from July 1, 2020 to June 30, 2021.
     
     
118. What if an individual with a renewable license that expired June 30, 2020, could not complete renewal requirements due to COVID-19?
     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 were unable to meet renewal requirements by June 30, 2020, 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 expired 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.
     
     
119. 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?
     Section 22.1-298.1 of the Code of Virginia states, in part, the following:
     A. As used in this section:
     1. …"Industry certification credential" means an active career and technical education credential that is earned by successfully completing a Board of Education-approved industry certification examination, being issued a professional license in the Commonwealth, or successfully completing an occupational competency examination….
     2. …5. Every teacher seeking an initial license in the Commonwealth with an endorsement in the area of career and technical education shall have an industry certification credential in the area in which the teacher seeks endorsement. If a teacher seeking an initial license in the Commonwealth has not attained an industry certification credential in the area in which the teacher seeks endorsement, the Board may, upon request of the employing school division or educational agency, issue the teacher a provisional license to allow time for the teacher to attain such credential…

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.



120. Are any Praxis tests currently offered?
     Licensure flexibility provisions were approved to grant additional time for individuals whose Provisional Licenses expired 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) 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.
     
     Online proctoring is available for the Virginia Communication and Literacy Assessment (VCLA). Please refer to the website at the following address for additional information about VCLA testing:  https://www.va.nesinc.com/.
     
     
121. 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?
     

     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 Uin 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 January 1, 2022.

122. What is the impact of virtual school reopenings on candidates completing student teaching/internships practicums in educator preparation programs at Virginia colleges and universities or career switcher programs?
     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 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.
     
     
123. 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?
     A waiver of the provision in § 22.1-302that 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.
     
     
124. What is the expectation for Virginia colleges and universities to ensure candidates meet the 150 clock hours spent in direct teaching?
     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 (2020-2021 academic 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. 
     
     
125. When will institutions of higher education be notified of any additional modifications or waivers applicable for the spring 2021 semester?
     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

126. Can a local school board meet electronically without a quorum physically assembled?
     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-This is a PDF document. (PDF).
     
     

State Education Agency

127. Will OMEGA reimbursement continue to be approved?
     Yes.
     
     
128. Will VDOE be open, especially Licensure?
     Yes, at this time the VDOE and other state agencies remain open.
     
     

Policy

129. Can a local school board meet electronically without a quorum physically assembled?
     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-This is a PDF document. (PDF).
     
     
130. What is a school division’s responsibility for complying with the Standards of Quality?
     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

131. What guidance has VHSL provided regarding the student athletics?
     VHSL has adopted adjusted competition schedules and health and safety protocols for athletes and athletic staff for the 2020-2021 school year. More details can be found on their website.
     
     

Transportation

132. What about annual physical requirements for bus drivers seeking continued employment contracts?
     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.
     
     
133. Can partitions or clear plastic curtains be installed on school buses to protect the driver from possible infection?
     The National Highway Safety Administration (NHTSA) has approved the use of partitions directly behind the driver. The partition material and installation must be approved by the school bus manufacturer and certified to meet all applicable Federal Motor Vehicle Safety Standards (FMVSS). Partitions located in the passenger area are not permitted. Drivers can use PPE including face shields as long as the face shields do not impede the driver’s view.
     
     
134. Can large capacity hand sanitizer containers be installed on school buses?
     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.
     
     
135. Can activity buses be used for student home to school and school to home transportation?
     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.
     
     
136. Is there guidance on school bus disinfecting?
     Yes, refer to COVID-19 Resources for School Transportation-This is a Word document. (Word) for cleaning and disinfecting practices for school buses.
     
     
137. Can cars still be used for student transportation?
     The Interim Guidance for Reopening 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.
     
     
138. Is there any advice for bus transportation, where maintaining six feet of physical distance may be challenging?
     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

139. Is kindergarten required in Virginia?
     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
     
     
140. What are the requirements for home instruction?
     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.
     
     
141. Can I homeschool a student that is not my child?
     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.
     
     
142. What if I elect to begin home instruction after the school year has started?
     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.
     
     
143. 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?
     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.
     
     
144. I am a tutor that has been approved by the school division superintendent, can I serve as a tutor for multiple students?
     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.
     
     
145. Do parents providing home instruction need to provide evidence of progress for the 2020-2021 school year?
     

     In accordance with § 22.1-254.1(C) of the Code of Virginia, parents providing home instruction for the 2020-2021 school year must provide evidence of academic progress to their local school division by August 1, 2021. Although this requirement was waived for the 2019-2020 school year due to COVID-19, the evidence of progress requirement has not been waived and is required for the 2020-2021 school year. 

     The evidence of academic progress requirement for home instruction students is a measure of student growth and proficiency. Similarly, public school students must take the Standards of Learning (SOL) and other end-of-course (EOC) assessments to demonstrate growth and proficiency. The SOL and EOC assessments have not been waived for public school students for the 2020-2021 school year; and parents must also provide evidence of academic progress for their home instruction students.
     

For Local School Divisions

146. Can I allow a non-parent to provide home instruction to a student?
     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.
     
     
147. 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?
     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.
     
     

2021 Graduation Ceremonies

148. What guidance has been provided for K12 schools on 2021 Graduation Ceremonies?
     Graduation ceremonies are subject to restrictions in the Executive Order in effect on the day of the ceremony. Events held before midnight on May 15 are subject to the sixth amended EO72; events held after midnight on May 15 are subject to the seventh amended EO72.

     Graduation ceremonies, regardless of venue, are subject to their own category of rules in the EO. They are not subject to entertainment venue rules. The current capacity limits are as follows:
     
     Before May 15

     • Indoor: The lesser of 30 percent of the lowest occupancy load on the certificate of occupancy, if applicable, or 500 persons.
     • Outdoor: The lesser of 30 percent of the lowest occupancy load on the certificate of occupancy, if applicable, or 5,000 persons. 

     After May 15

     • Indoor: The lesser of 50 percent of the lowest occupancy load on the certificate of occupancy, if applicable, or 1000 persons.
     • Outdoor: The lesser of 50 percent of the lowest occupancy load on the certificate of occupancy, if applicable, or 5,000 persons.

     Finally, please note that masks are required of all (even those fully vaccinated), and 6ft distancing between parties is required.

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