reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 690 - REGULATIONS FOR SCOLIOSIS SCREENING PROGRAM › Section 8VAC20-690-40 - Regular scoliosis screening

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				School boards implementing a scoliosis program of regularly screening students
				in grades 5 through 10 shall provide written notice to parents a minimum of 10
				business days prior to screening.
B. The written notice shall contain (i)
				information indicating when the screening will occur, (ii) the purpose of
				screening that shall include the parent educational information described in
				8VAC20-690-30, (iii) a procedure
				for notifying parents of students who are identified as having a possible
				spinal curvature, and (iv) a procedure for parents to opt out of the
				screening.
C. School boards
				implementing a scoliosis program of regular screening shall screen each student
				in selected grades 5 through 10 a minimum of two times during the six-year
				period except for those students entering the school division for the first
				time during the 10th grade year who shall be screened once.
D. Parent educational information as required
				by 8VAC20-690-20 shall be provided to
				parents of students in selected grades 5 through 10 who are not
				screened.
Statutory Authority
§ 22.1-273.1 of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 690 - REGULATIONS FOR SCOLIOSIS SCREENING PROGRAM › Section 8VAC20-690-50 - Training required for personnel and volunteers

Current through Register Vol. 40, No. 24, July 15, 2024
A. School boards implementing a scoliosis
				program of regular screening shall provide training for school personnel and
				volunteers who may conduct the screening. School boards may seek volunteers
				from among professional health care providers to provide training, to perform
				screenings, or both. School boards using volunteers shall comply with all
				requirements of the Family Educational Rights and Privacy Act ( 20 USC §
				1232g; 34 CFR Part 99 ) and the Protection of Pupil Rights Act ( 20 USC §
				1232h; 34 CFR Part 98 ) in maintaining the confidentiality of student
				records.
B. Training of school
				personnel and volunteers shall be conducted by qualified licensed medical
				practitioners. Practitioners may use various training methods including, but
				not limited to, in-person training, video instruction, or review of a training
				manual.
C. Practitioners shall
				provide training in medically accepted scoliosis screening procedures including
				the use of the forward bend test, or use of a scoliometer, or both, to school
				personnel and volunteers.
Statutory Authority
§ 22.1-273.1 of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 700 - REGULATIONS FOR CONDUCTING DIVISION-LEVEL ACADEMIC REVIEWS › Section 8VAC20-700-10 through 8VAC20-700-50 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 22.1-16 of the Code of
					 Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 710 - REGULATIONS GOVERNING THE PROCESS FOR SUBMITTING PROPOSALS TO CONSOLIDATE SCHOOL DIVISIONS › Section 8VAC20-710-10, 8VAC20-710-20, 8VAC20-710-30 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 22.1-16 of the Code of
					 Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 720 - REGULATIONS GOVERNING LOCAL SCHOOL BOARDS AND SCHOOL DIVISIONS › Section 8VAC20-720-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following word or term when used in this chapter shall
				  have the following meaning unless the context clearly indicates
				  otherwise:
"Textbooks" means print or electronic media for students use
				  that serve as the primary curriculum basis for grade-level subject or
				  course.
Statutory Authority
§ 22.1-16 of the Code of
					 Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 720 - REGULATIONS GOVERNING LOCAL SCHOOL BOARDS AND SCHOOL DIVISIONS › Section 8VAC20-720-80 - Student fees and charges

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
				fees or charges may be levied on any pupil by any school board unless
				authorized by regulation of the Board of Education or by the General
				Assembly.
B. Each local school
				board shall develop a policy in accordance with the requirements of the
				Standards of Quality, § 22.1-253.13:7 of the Code of Virginia, addressing
				any fees that are charged. The policy shall include the schedule of fees
				charged by the school division, provisions for reducing or waiving fees, and
				consequences for nonpayment of fees. The policy and the fee schedule shall be
				provided to parents annually and posted on the school division's
				website.
C. The policy shall
				provide for the reduction or waiver of fees for economically disadvantaged
				students and students whose families are undergoing economic hardships and are
				financially unable to pay them. This shall include, but not be limited to,
				families receiving unemployment benefits or public assistance, including
				Temporary Assistance for Needy Families (TANF), Supplemental Nutrition
				Assistance Program (SNAP), Supplemental Security Income (SSI) or Medicaid;
				foster families caring for children in foster care; or families that are
				homeless.
D. School divisions shall
				provide notice that a fee waiver may be requested, including directions as to
				how to apply for the waiver, each time a fee is charged.
E. School divisions shall not charge any fees
				that have not been approved by the local school board.
F. The fee policy and the fee schedule shall
				be consistent throughout the school division, although there may be different
				fee schedules assessed at the elementary, middle, and high school
				levels.
G. Local school boards
				shall not charge fees:
1. As a condition of
				school enrollment, except for students who are not of school-age or who do not
				reside within the jurisdiction, in accordance with §§ 22.1-1 and
				22.1-3 of the Code of Virginia and as provided for in § 22.1-5 of the Code
				of Virginia;
2. For instructional
				programs and activities, or materials required for instruction, except as
				specified in subsection H of this section;
3. For textbooks or textbook deposits;
				however, § 22.1-243 of the Code of Virginia permits a local school board
				to assess a reasonable fee or charge for lost or damaged textbooks;
4. For pupil transportation to and from
				school; or
5. For summer school
				programs or other forms of remediation required by the Standards of Quality,
				§ 22.1-253.13:1 of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 720 - REGULATIONS GOVERNING LOCAL SCHOOL BOARDS AND SCHOOL DIVISIONS › Section 8VAC20-720-160 - Instructional materials

Current through Register Vol. 40, No. 24, July 15, 2024
A. Local
				school boards shall be responsible for the selection and utilization of
				instructional materials.
B. Local
				school boards shall adopt policies and criteria for the selection of
				instructional materials that shall include, at a minimum:
1. The rights of parents to inspect, upon
				request, any instructional materials used as part of the educational curriculum
				for students, and the procedure for granting a request by a parent for such
				access, in accordance with the Protection of Pupil Rights Amendment, 20 USC
				§ 1232H, and its implementing regulation, 34 CFR Part 9;
2. The basis upon which a person may seek
				reconsideration of the local school board's selection of instructional
				materials, including but not limited to materials that might be considered
				sensitive or controversial, and the procedures for doing so; and
3. Pursuant to § 22.1-253.13:7 of the
				Code of Virginia, clear procedures for handling challenged controversial
				materials.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 720 - REGULATIONS GOVERNING LOCAL SCHOOL BOARDS AND SCHOOL DIVISIONS › Section 8VAC20-720-170 - Textbooks

Current through Register Vol. 40, No. 24, July 15, 2024
A. Textbook
				approval.
1. The Board of Education shall
				have the authority to approve textbooks for use in the public schools of
				Virginia.
2. In approving basal
				textbooks for reading in kindergarten and first grade, the Board of Education
				shall report to local school boards those textbooks with a minimum decodability
				standard based on words that students can correctly read by properly attaching
				speech sounds to each letter to formulate the word at 70% or above for such
				textbooks in accordance with § 22.1-239 of the Code of Virginia.
3. Any local school board may use textbooks
				not approved by the Board of Education provided the local school board selects
				such books in accordance with this chapter.
4. Contracts and purchase orders with
				publishers of textbooks approved by the Board of Education for use in grades
				6-12 shall allow for the purchase of printed textbooks, printed textbooks with
				electronic files, or electronic textbooks separate and apart from printed
				versions of the same textbook. Each local school board shall have the authority
				to purchase an assortment of textbooks in any of the three forms listed in this
				subdivision.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 730 - REGULATIONS GOVERNING THE COLLECTION AND REPORTING OF TRUANCY-RELATED DATA AND STUDENT ATTENDANCE POLICIES › Section 8VAC20-730-30 - Data collection and reporting

Current through Register Vol. 40, No. 24, July 15, 2024
Data collection shall begin on the first day students attend
				  for the school year. Each school division shall provide student level
				  attendance data for each student that includes the number of unexcused absences
				  in a manner prescribed by the Virginia Department of Education. A student's
				  attendance is cumulative and begins on the first official day of the school
				  year or the first day the student is officially enrolled. All nonattendance
				  days are cumulative and begin with the first absence. For purposes of this data
				  collection, truancy shall start with the first unexcused absence and will be
				  cumulative. Data shall be reported to the Virginia Department of Education
				  pursuant to §
									22.1-258
				  of the Code of Virginia and
				  8VAC20-730-20.
Statutory Authority: §§
											22.1-16
					 and
					 22.1-258
					 of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 740 - REGULATIONS GOVERNING NUTRITIONAL STANDARDS FOR COMPETITIVE FOODS AVAILABLE FOR SALE IN THE PUBLIC SCHOOLS › Section 8VAC20-740-20 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter
				shall apply to all public school divisions, public schools, and public school
				food authorities (SFAs) in the Commonwealth of Virginia.
B. [Unless otherwise provided in this
				chapter, its provisions] shall not apply to beverages.
C. This chapter shall apply to the
				nutritional content of food items available for sale to students on the school
				campus of any public school, and other public SFAs such as residential child
				care institutions, during the school day. It shall apply to:
1. Foods available for sale to students in
				vending machines.
2. Foods
				available for sale to students as a la carte items in the school
				cafeteria.
3. Foods available for
				sale to students at snack bars and stores operated by the school, a student
				association, or other school-sponsored organization.
4. Foods available for sale to students at
				school activities such as fundraisers.
5. Foods available for sale to students by
				culinary or other educational programs.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 740 - REGULATIONS GOVERNING NUTRITIONAL STANDARDS FOR COMPETITIVE FOODS AVAILABLE FOR SALE IN THE PUBLIC SCHOOLS › Section 8VAC20-740-30 - Nutrition standards

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				nutrition standards apply to all foods available for sale to students (i)
				outside the school meal programs; (ii) on the school campus; and (iii) at any
				time during the school day. The nutrition standards shall be consistent with
				the most recent Dietary Guidelines for Americans.
B. To be allowable, a competitive food must
				(i) meet all of the competitive food nutrient standards and (ii) must either:
1. Be a grain product that contains 50% or
				more whole grains by weight or have as the first ingredient a whole grain
				(i.e., whole-grain rich);
2. Have
				as the first ingredient one of the nongrain major food groups: fruits,
				vegetables, dairy, or protein foods (e.g., meat, beans, poultry, seafood, eggs,
				nuts, seeds, etc.); [or]
3. Be a
				combination food that contains 1/4 cup of fruit or vegetable.
If water is the first ingredient, the second ingredient must
				  be one of the food items listed in this subsection.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 740 - REGULATIONS GOVERNING NUTRITIONAL STANDARDS FOR COMPETITIVE FOODS AVAILABLE FOR SALE IN THE PUBLIC SCHOOLS › Section 8VAC20-740-35 - Exemption to the nutrition standards for school-sponsored fundraisers

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each public
				school shall be permitted to conduct, on the school campus during regular
				school hours, no more than 30 school-sponsored fundraisers per school year
				during which food or beverages that do not meet the nutrition standards in this
				chapter or in the U.S. Department of Agriculture's regulations may be sold to
				students. School divisions are not required to allow exemptions to the
				nutrition standards in this chapter for school-sponsored fundraisers and may
				implement more restrictive guidelines as part of the local wellness policy
				requirements outlined in 8VAC20-740-40 A.
B. One fundraiser is defined as one or more
				fundraising activities that last one school day. If multiple school-sponsored
				organizations conduct fundraisers on the same day, the combined activities
				shall be counted as one fundraiser. If a fundraising activity lasts more than
				one school day, each subsequent day's activity shall be considered as one
				fundraiser and shall count toward the 30 exempt fundraisers total per
				year.
C. Any fundraiser that sells
				food or beverages, whether the items meet the nutrition standards or are exempt
				from the nutrition standards in this chapter, may not be conducted during
				school meal service times. Pursuant to the Regulations Governing School Lunch
				Sale of Food Items (8VAC20-290) and the Regulations for the School Breakfast
				Program (8VAC20-580), any food or beverage item cannot be sold in competition
				with the National School Lunch Program and School Breakfast Program from 6 a.m.
				until after the close of the last breakfast period and from the beginning of
				the first lunch period to the end of the last lunch period. Pursuant to
				8VAC20-290 and 8VAC20-580, the income from any food or beverage sold to
				students during these times shall accrue to the nonprofit School Nutrition
				Program account.
D. An exemption is
				not required for nonfood fundraisers or for fundraisers that sell food or
				beverage items that meet the nutrition standards in this chapter.
Statutory Authority: §
											22.1-207.4 of the Code of
					 Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 740 - REGULATIONS GOVERNING NUTRITIONAL STANDARDS FOR COMPETITIVE FOODS AVAILABLE FOR SALE IN THE PUBLIC SCHOOLS › Section 8VAC20-740-40 - Implementation and compliance

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				local school board shall incorporate and adopt the nutrition standards in this
				chapter as a compulsory component of the division wide local wellness policy
				mandated by federal regulation for all local education agencies that
				participate in the national school lunch program. In addition to incorporating
				the nutrition standards for competitive foods, the local wellness policy shall
				(i) establish and identify school division leadership with the authority to
				enforce the local wellness policy throughout the school campus; (ii) establish
				specific goals for nutrition promotion, nutrition education, physical
				activities, and other school-based activities that promote wellness; and (iii)
				establish policies that address marketing and advertising of only foods that
				meet the nutrition standards for competitive foods, serve to promote student
				health, prevent childhood obesity, and combat problems associated with poor
				nutrition and physical inactivity.
B. Local educational agencies and school food
				authorities must retain the records used to document compliance with this
				chapter; that is, the documentation used to assess the nutritional profile of
				the food item and determine whether a food item is an allowable competitive
				food (e.g., the nutrition labels, recipes, or product specifications).
1. Local educational agencies:
a. Shall be responsible for maintaining
				records documenting compliance with the competitive food nutrition standards
				for food available for sale in areas that are outside of the control of the
				school nutrition programs operation.
b. Shall be responsible for ensuring any
				organization or school activity designated as responsible for food service at
				the various venues in the school (other than the school nutrition programs)
				maintains records documenting compliance with the competitive food nutrition
				standards.
c. Shall be responsible
				for maintaining records each school year documenting the number of exempt
				fundraisers conducted at each school within the local education
				agency.
d. Shall designate an
				individual at the division or school level to monitor and ensure compliance
				with this chapter in all areas that are outside the control of the school
				nutrition programs operation. This designee shall not be school nutrition
				personnel.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 750 - REGULATIONS GOVERNING THE USE OF SECLUSION AND RESTRAINT IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS IN VIRGINIA › Section 8VAC20-750-5 - Application

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter is
				applicable to all students and school personnel in the public elementary and
				secondary schools of the Commonwealth of Virginia, as defined in 8VAC20-750-20.
				This chapter governs the use of seclusion and restraint for the purpose of
				behavioral intervention. [This chapter does not apply to any secure facility or
				detention home as defined in §
									16.1-228 of the Code
				of Virginia, or to any facility operated by the Virginia Department of
				Behavioral Health and Developmental Services.]
B. To comply with this chapter, school
				personnel must first determine whether the action constitutes restraint or
				seclusion, as defined in 8VAC20-750-10. If the action does not meet the
				definition, or if the action falls under any of the "does not include" portions
				of the definitions in 8VAC20-750-10, then school personnel may act within their
				reasonable discretion. If the action falls within the definition of restraint
				or seclusion, it may be used, but only under the circumstances described in
				8VAC20-750-40 and 8VAC20-750-50, and is subject to the other requirements of
				this chapter.
C.8VAC20-750-30
				identifies certain practices that constitute restraint or seclusion that may be
				detrimental to the health, safety, or dignity of the student and that may never
				be used by school personnel.
Statutory Authority: §
											22.1-16
					 of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 750 - REGULATIONS GOVERNING THE USE OF SECLUSION AND RESTRAINT IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS IN VIRGINIA › Section 8VAC20-750-30 - Prohibited actions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following
				actions are prohibited in the public elementary and secondary schools in the
				Commonwealth of Virginia:
1. Use of
				mechanical restraints.
2. Use of
				pharmacological restraints.
3. Use
				of aversive stimuli.
4. Use of
				prone restraints (i.e. lying face down) or any other restraints that restrict a
				student's breathing or harm the student.
5. Use of seclusion that restricts a
				student's breathing or harms the student.
6. Use of physical restraint or seclusion as
				(i) punishment or discipline; (ii) a means of coercion or retaliation; (iii) a
				convenience; (iv) to prevent property damage, or in any manner other than as
				provided in 8VAC20-750-40 and 8VAC20-750-50.
7. Use of corporal punishment.
8. Use of seclusion rooms or freestanding
				units not meeting the standards set forth in this chapter.
9. Use of restraint or seclusion when
				medically or psychologically contraindicated as stated in documentation by the
				IEP team, the student's Section 504 team, school professionals, or by a
				licensed physician, psychologist, or other qualified health professional under
				the scope of the professional's authority.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 750 - REGULATIONS GOVERNING THE USE OF SECLUSION AND RESTRAINT IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS IN VIRGINIA › Section 8VAC20-750-40 - Use of physical restraint and seclusion

Current through Register Vol. 40, No. 24, July 15, 2024
A. Nothing in this chapter shall be construed
				to require a school division to employ physical restraint or seclusion in its
				schools. School divisions electing to use physical restraint and seclusion
				shall comply with the requirements of this chapter.
B. School personnel may implement physical
				restraint or seclusion only when other interventions are or would be, in the
				reasonable judgment of the particular school personnel implementing physical
				restraint or seclusion in an emergency situation, ineffective and only to:
1. Prevent a student from inflicting serious
				physical harm or injury to self or others;
2. Quell a disturbance or remove a student
				from the scene of a disturbance in which such student's behavior or damage to
				property threatens serious physical harm or injury to persons;
3. Defend self or others from serious
				physical harm or injury;
4. Obtain
				possession of controlled substances or paraphernalia that are upon the person
				of the student or within the student's control; or
5. Obtain possession of weapons or other
				dangerous objects that are upon the person of the student or within the
				student's control.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 750 - REGULATIONS GOVERNING THE USE OF SECLUSION AND RESTRAINT IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS IN VIRGINIA › Section 8VAC20-750-50 - Seclusion; standards for use

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				School divisions electing to use seclusion as permitted by this chapter shall
				meet the following structural and physical standards for rooms designated by
				the school to be used for seclusion:
1. Any
				seclusion room or area shall be free of any objects or physical features that
				may cause injury to the student.
2.
				Any seclusion room or area shall be of sufficient dimensions and shall have
				sufficient lighting, heating, cooling, and ventilation to comport with the
				dignity and safety of the student.
3. Windows in the seclusion room shall be
				constructed to minimize breakage and otherwise prevent the occupant from
				harming himself.
4. All space in
				the seclusion room shall be visible through the door, either directly or by
				mirrors.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 750 - REGULATIONS GOVERNING THE USE OF SECLUSION AND RESTRAINT IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS IN VIRGINIA › Section 8VAC20-750-60 - Notification and reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. When
				any student has been physically restrained or secluded:
1. The school personnel involved shall report
				the incident and the use of any related first aid to the school principal or
				the principal's designee as soon as possible by the end of the school day in
				which the incident occurred; and
2.
				The school principal or the principal's designee, or other school personnel
				shall make a reasonable effort to ensure that direct contact is made with the
				student's parent, either in person or through telephone conversation, or other
				means of communication authorized by the parent, such as email, to notify the
				parent of the incident and any related first aid on the day the incident
				occurred.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 750 - REGULATIONS GOVERNING THE USE OF SECLUSION AND RESTRAINT IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS IN VIRGINIA › Section 8VAC20-750-70 - School division policies and procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each school division that elects to use
				physical restraint or seclusion shall develop and implement written policies
				and procedures that meet or exceed the requirements of this chapter and that
				include, at a minimum, the following:
1. A
				statement of intention that the school division will encourage the use of
				positive behavioral interventions and supports to reduce and prevent the need
				for the use of physical restraint and seclusion.
2. Examples of the positive behavioral
				interventions and support strategies consistent with the student's rights to be
				treated with dignity and to be free from abuse that the school division uses to
				address student behavior, including the appropriate use of effective
				alternatives to physical restraint and seclusion.
3. A description of initial and advanced
				training for school personnel that addresses (i) appropriate use of effective
				alternatives to physical restraint and seclusion and (ii) the proper use of
				restraint and seclusion.
4. A
				statement of the circumstances in which physical restraint and seclusion may be
				employed, which shall be no less restrictive than that set forth in
				8VAC20-750-40 and 8VAC20-750-50.
5.
				Provisions addressing the:
a. Notification of
				parents regarding incidents of physical restraint or seclusion, including the
				manner of such notification;
b.
				Documentation of the use of physical restraint and seclusion;
c. Continuous visual monitoring of the use of
				any physical restraint or seclusion to ensure the appropriateness of such use
				and the safety of the student being physically restrained or secluded, other
				students, school personnel, and others. These provisions shall include
				exceptions for emergency situations in which securing visual monitoring before
				implementing the physical restraint or seclusion would, in the reasonable
				judgment of the school personnel implementing the physical restraint or
				seclusion, result in serious physical harm or injury to persons; and
d. Securing of any room in which a student is
				placed in seclusion. These provisions shall ensure that any seclusion room or
				area meet specifications for size and viewing panels that ensure the student's
				safety at all times, including during a fire or other emergency, as required by
				this chapter.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 750 - REGULATIONS GOVERNING THE USE OF SECLUSION AND RESTRAINT IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS IN VIRGINIA › Section 8VAC20-750-90 - Annual reporting

Current through Register Vol. 40, No. 24, July 15, 2024
The principal or the principal's designee shall submit to the
				  division superintendent a report on the use of physical restraint and seclusion
				  in the school based on the individual incident reports completed and submitted
				  to the principal or the principal's designee by school personnel pursuant to
				  8VAC20-750-60 C. The division superintendent shall annually report the
				  frequency of such incidents to the Superintendent of Public Instruction on
				  forms that shall be provided by the Department of Education and shall make such
				  information available to the public.
Statutory Authority: §
											22.1-16
					 of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 750 - REGULATIONS GOVERNING THE USE OF SECLUSION AND RESTRAINT IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS IN VIRGINIA › Section 8VAC20-750-100 - Training

Current through Register Vol. 40, No. 24, July 15, 2024
School divisions that employ physical restraint or seclusion
				  shall:
1. Ensure that all school
				personnel receive training that focuses on skills related to positive behavior
				support, conflict prevention, de-escalation, and crisis response, including
				follow-up support and social-emotional strategy support for students, staff,
				and families;
2. Ensure that all
				school personnel receive initial training regarding the regulations, policies,
				and procedures governing the use of physical restraint and seclusion;
3. Provide advanced training in the use of
				physical restraint and seclusion for at least one administrator in every school
				building and for school personnel assigned to work with any student whose IEP
				or Section 504 team determines the student is likely to be physically
				restrained or secluded; and
4.
				Ensure that any initial or advanced training is evidence-based.
Statutory Authority: §
											22.1-16
					 of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 750 - REGULATIONS GOVERNING THE USE OF SECLUSION AND RESTRAINT IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS IN VIRGINIA › Section 8VAC20-750-110 - Construction and interpretation

Current through Register Vol. 40, No. 24, July 15, 2024
Nothing in this chapter shall be construed to modify or
				  restrict:
1. The initial authority of
				teachers to remove students from a classroom pursuant to §
									22.1-276.2
				of the Code of Virginia;
2. The
				authority and duties of school resource officers and school security officers,
				as defined in §
									9.1-101 of the Code
				of Virginia, except to the extent governed by a memorandum of understanding
				between the local law enforcement agency and the school division;
3. The authority of the Virginia Department
				of Juvenile Justice with regard to students in its custody at any of its sites
				or in any of its programs; or
4.
				The civil immunity afforded teachers employed by local school boards for any
				acts or omissions resulting from the supervision, care, or discipline of
				students when such acts or omissions are within such teacher's scope of
				employment and are taken in good faith in the course of supervision, care, or
				discipline of students, unless such acts or omissions were the result of gross
				negligence or willful misconduct, as provided in §
									8.01-220.1:2
				of the Code of Virginia.
Statutory Authority: §
											22.1-16
					 of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 760 - REGULATIONS GOVERNING THE DESIGNATION OF SCHOOL DIVISIONS OF INNOVATION › Section 8VAC20-760-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Board of Education" or "board" means the board responsible
				  for the general supervision of the public school system in Virginia as
				  prescribed in Section 4 of Article VIII of the Constitution of Virginia and
				  §
									22.1-8
				  of the Code of Virginia.
"Innovation" means a new or creative alternative to existing
				  instructional or administrative practices or school structures that
				  evidence-based practice suggests will be effective in improving student
				  learning and educational performance.
"School Division of Innovation" or "SDI" means a school
				  division in which the local school board has developed and for which the board
				  has approved a plan of innovation to improve student learning; educational
				  performance; and college, career, and citizenship readiness skills in one or
				  more schools, for the benefit of all schools in the school
				  division.
Statutory Authority: §
											22.1-16
					 of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 760 - REGULATIONS GOVERNING THE DESIGNATION OF SCHOOL DIVISIONS OF INNOVATION › Section 8VAC20-760-20 - School Division of Innovation designation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any local school board may apply to the
				board for the local school division to be designated as an SDI.
B. Pursuant to a plan of innovation, an SDI
				shall be exempted from selected regulatory provisions and permitted to adopt
				alternative policies for school administrators, teachers, and staff to meet the
				diverse needs of students.
C. An
				application for an SDI designation shall consist of a plan of innovation for
				the local school division, following a format prescribed by the Superintendent
				of Public Instruction. The plan of innovation shall include:
1. Goals and performance targets that may
				include:
a. Reducing achievement and
				opportunity gaps among groups of public school students by expanding the range
				of engaging and relevant learning experiences for students who are identified
				as academically low-achieving;
b.
				Increasing student learning through the implementation of high, rigorous
				standards for student performance and balanced assessments that measure both
				student growth and achievement;
c.
				Creating opportunities for students to demonstrate mastery of learning at
				different points in the learning process based on readiness;
d. Increasing student participation in
				opportunities that enhance students' preparation for college, career, and
				citizenship;
e. Increasing the
				number of students who are college, career, and citizenship ready;
f. Increasing opportunities for students to
				learn from content experts through integrated course opportunities;
				or
g. Motivating students at all
				levels by offering additional curricular choices, personalized learning
				opportunities, and relevant student learning experiences such as community
				service projects, internship opportunities, and job shadowing;
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 760 - REGULATIONS GOVERNING THE DESIGNATION OF SCHOOL DIVISIONS OF INNOVATION › Section 8VAC20-760-30 - Exemption from regulatory provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. In conjunction with the designation of an
				SDI, the board may exempt a local school board from board regulations as
				requested in a school division's plan of innovation. However, the board shall
				not grant exemptions from the following provisions:
1. Regulations mandated by state or federal
				law;
2. Regulations designed to
				promote health or safety;
3.
				Regulations Governing Special Education Programs for Children with Disabilities
				in Virginia (8VAC20-81);
4. Student
				achievement expectations (8VAC20-131-30
				);
5. Requirements for graduation
				(8VAC20-131-50
				and
				8VAC20-131-51
				);
6. Program of instruction and
				learning objectives (8VAC20-131-70
				); or
7. Part VIII of the
				Regulations Establishing Standards for Accrediting Public Schools in Virginia,
				School Accreditation (8VAC20-131-370
				through
				8VAC20-131-430
				).
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 760 - REGULATIONS GOVERNING THE DESIGNATION OF SCHOOL DIVISIONS OF INNOVATION › Section 8VAC20-760-40 - Approval, amendment, and renewal

Current through Register Vol. 40, No. 24, July 15, 2024
A. The designation of an SDI shall be for a
				five-year period beginning with the school year following the board's
				approval.
B. SDI designations may
				be renewed for subsequent periods not to exceed five years each.
C. School boards seeking to amend a plan of
				innovation shall be required to seek board approval following the same
				procedure as provided in 8VAC20-760-20.
Statutory Authority: §
											22.1-16
					 of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 760 - REGULATIONS GOVERNING THE DESIGNATION OF SCHOOL DIVISIONS OF INNOVATION › Section 8VAC20-760-50 - Evaluation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each SDI shall
				annually submit to the Department of Education, prior to a date designated by
				the Superintendent of Public Instruction, information demonstrating progress
				toward meeting the goals and performance targets included in the approved plan
				of innovation.
B. Such information
				shall be considered by the board when possible SDI designation renewals are
				being reviewed.
C. The board may
				revoke an SDI designation prior to the end of the five-year approval period in
				circumstances where it deems appropriate, including:
1. Continued failure to meet goals and
				performance targets established in the plan of innovation.
2. Continued failure to maintain accredited
				status for any school subject to the SDI designation.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 770 - BACKGROUND CHECKS FOR CHILD DAY PROGRAMS AND FAMILY DAY SYSTEMS › Section 8VAC20-770-20 - Describing background checks

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				The background checks covered by this chapter are:
1. Sworn statement or affirmation;
2. Criminal history record check;
3. National criminal background check;
				and
4. Central registry
				search.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 770 - BACKGROUND CHECKS FOR CHILD DAY PROGRAMS AND FAMILY DAY SYSTEMS › Section 8VAC20-770-30 - Identifying the facilities that are not covered by this chapter

Current through Register Vol. 40, No. 24, July 15, 2024
A. Certified
				preschools or nursery schools operated by accredited private schools that are
				accredited in accordance with §
									22.1-289.032
				of the Code of Virginia; and family day homes that are not required to be
				licensed, registered, or approved are not covered by this chapter.
B. Background check requirements for
				certified preschool or nursery school programs operated by accredited private
				schools are at §
									22.1-289.032
				of the Code of Virginia.
C.
				Background check requirements for child day centers or family day homes that
				are not licensed, registered, approved, or exempt from licensure and receive
				federal, state or local child care funds are at §
									22.1-289.040
				of the Code of Virginia.
Statutory Authority: §§
											22.1-16
					 and
					 22.1-289.046
					 of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 770 - BACKGROUND CHECKS FOR CHILD DAY PROGRAMS AND FAMILY DAY SYSTEMS › Section 8VAC20-770-40 - Identifying who is covered by this chapter

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter applies to:
1. Licensed family day homes;
2. Licensed family day systems;
3. Family day homes approved by family day
				systems;
4. Voluntarily registered
				family day homes;
5. Religious
				exempt child day centers; and
6.
				Licensed child day centers.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 770 - BACKGROUND CHECKS FOR CHILD DAY PROGRAMS AND FAMILY DAY SYSTEMS › Section 8VAC20-770-50 - Explaining requirements for satisfactory background checks

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department
				and registering and approving authorities must require documentation of
				satisfactory background checks for applicants, agents, employees, volunteers,
				and others living in family day homes as specified in 8VAC20-770-40.
1. A satisfactory sworn statement or
				affirmation is:
a. A fully completed original
				that states that the person does not have an offense; and
b. There is no other knowledge that the
				individual has an unsatisfactory background.
Criminal convictions include prior adult convictions and
				  juvenile convictions or adjudications of delinquency based on a crime that
				  would be a felony if committed by an adult within or outside the Commonwealth.
				  Convictions also include convictions in other states that are equivalent to
				  those specified in this section.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 770 - BACKGROUND CHECKS FOR CHILD DAY PROGRAMS AND FAMILY DAY SYSTEMS › Section 8VAC20-770-60 - Explaining consequences of unsatisfactory background checks results

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applicants are
				denied licensure, registration or approval when there are unsatisfactory
				background checks results for:
1. Applicants
				as a child day program or family day system;
2. Agents at the time of application who are
				or will be involved in the day-to-day operations of the child day program or
				who are or will be alone with, in control of, or supervising one or more of the
				children;
3. Any other adult, or
				any child aged 14 or older, living in the home of an applicant for licensure or
				registration as a family day home with an unsatisfactory central registry
				finding;
4. Prospective family day
				home operators and family members seeking approval by family day
				systems.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 770 - BACKGROUND CHECKS FOR CHILD DAY PROGRAMS AND FAMILY DAY SYSTEMS › Section 8VAC20-770-70 - Keeping background check records

Current through Register Vol. 40, No. 24, July 15, 2024
A. A facility must keep background check
				records at the location where the person is an applicant, agent, employee,
				contract employee, volunteer, other adult in the home, or is any other adult
				who is involved in the day-to-day operations of the facility or who is alone
				with, in control of, or supervising one or more children.
1. If a facility is among two or more owned
				by the same entity, the background check reports and findings may be kept at
				corporate headquarters or at the facility and must be made available to the
				department representative upon request.
2. If a facility is not the primary work
				place for a person, the facility may keep copies on site, if there is:
a. Documentation of the place where original
				background check records are kept; and
b. Copies of the sworn disclosure statement
				or affirmation, criminal history record report with a statement that the
				facility designee has viewed and verified the original, and the child
				protective services central registry check form must be kept on site.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 770 - BACKGROUND CHECKS FOR CHILD DAY PROGRAMS AND FAMILY DAY SYSTEMS › Section 8VAC20-770-80 - Describing the waiver of criminal conviction

Current through Register Vol. 40, No. 24, July 15, 2024
The waiver of criminal conviction is the department's
				  canceling the consequences of an unsatisfactory criminal history record check
				  only for specific convictions.
Statutory Authority: §§
											22.1-16
					 and
					 22.1-289.046
					 of the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 770 - BACKGROUND CHECKS FOR CHILD DAY PROGRAMS AND FAMILY DAY SYSTEMS › Section 8VAC20-770-90 - Identifying who may apply for a waiver

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person who wants to operate or to
				volunteer or work at a facility covered by this chapter, but who is
				disqualified because of a criminal conviction, or a criminal conviction in the
				background check of any other adult living in a family day home governed by
				this chapter, may apply in writing to the Superintendent of the department for
				a waiver.
B. The superintendent may
				grant a waiver if:
1. A nonbarrier crime
				felony conviction occurred less than five years previously and the
				superintendent determines that the person is of good moral character and
				reputation and the waiver would not adversely affect the safety and well-being
				of the children in the person's care; or
2. Any other adult living in the home of a
				family day home applicant or provider has been convicted of not more than one
				misdemeanor offense of assault and battery or assault and battery against a
				family or household member as set out in §§
										18.2-57
				and
				18.2-57.2
				of the Code of Virginia, provided five years have elapsed following the
				conviction and the department has conducted a home study that includes, but is
				not limited to:
a. An assessment of the safety
				of the children placed in the home and
b. A determination that the offender is now a
				person of good moral character and reputation.
The other adult must not be an assistant or substitute
				  provider.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 770 - BACKGROUND CHECKS FOR CHILD DAY PROGRAMS AND FAMILY DAY SYSTEMS › Section 8VAC20-770-100 - Explaining waiver application requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The person requests a waiver application
				package from the Office of Child Care Licensing. The person sends the completed
				application and a waiver application fee made out to "Treasurer of Virginia" to
				the Office of Child Care Licensing. The Superintendent establishes the fee. It
				is identified in the application package.
B. Exception: A person wishing to operate a
				voluntarily registered family day home requests a waiver application from
				either the contracting organization or the voluntary registration consultant in
				the Office of Child Care Licensing. The person sends the completed application
				and application fee to the voluntary registration consultant in the Office of
				Child Care Licensing.
C. The
				superintendent acknowledges, in writing, receipt of the application and
				notifies the requester and the sponsor whether the request appears to be
				complete.
Statutory Authority: §§
											22.1-16
					 and
					 22.1-289.046
					 of the Code of Virginia.