Virginia Administrative Code
Title 8 - EDUCATION
Agency 20 - STATE BOARD OF EDUCATION

Current through Register Vol. 40, No. 9, December 18, 2023

AGENCY SUMMARY

The Board of Education is a constitutional body vested with general supervision of the public school system. The Constitution and the Code of Virginia give the board certain powers and duties.

Article VIII, Section 2 of the Constitution vests the Board of Education with the authority to prescribe standards of quality for the public schools, subject to revision by the General Assembly.

Article VIII, Section 4 of the Constitution establishes the Board of Education and imposes a number of functions upon the board. The Department of Education provides the staff and other resources to implement the constitutional and statutory requirements placed on the Board of Education. This section also vests the board of with the general supervision of the public school system.

Article VIII, Section 5 provides for the powers and duties of the Board of Education. Among the powers and duties prescribed, the board has power, subject to criteria and conditions prescribed by the General Assembly, to divide the Commonwealth into school divisions; to make annual reports to the Governor and General Assembly concerning the condition and needs of public education; to identify school divisions that have failed to meet the standards of quality; to prescribe qualifications of division superintendents; and to approve textbooks and other instructional materials for use in courses in the public schools.

Article VIII, Section 8 of the Constitution of Virginia vests the Board of Education with the responsibility for administering the Literary Fund.

Additionally, Article VIII, Section 6 of the Constitution establishes the position of Superintendent of Public Instruction. The position of Superintendent of Public Instruction works with the Board of Education, and serves as the director of the Department of Education.

The Code of Virginia further defines the roles and responsibilities of the Board of Education and Superintendent of Public Instruction based upon those foundations created in the Constitution.

Title 22.1, Chapter 1 provides that there be a system of free public elementary and secondary schools established and administered by the Board of Education, the Superintendent of Public Instruction, division superintendents and school boards. Chapter 1 also authorizes the board to approve fees or charges levied on pupils.

Title 22.1, Chapter 2 provides that the general supervision of the public school system shall be vested in the Board of Education. This chapter also describes the general powers and duties of the board.

Title 22.1, Chapter 3 outlines the qualifications and duties of the Superintendent of Public Instruction.

Title 22.1, Chapter 4 prescribes that the Board of Education shall divide the Commonwealth into school divisions. The Board of Education has authority to approve establishment of joint or regional schools and make regulations governing their administration.

Title 22.1, Chapter 6 authorizes the Board of Education to prescribe by regulation the minimum qualifications for the position of division superintendent of schools.

Title 22.1, Chapter 7 authorizes the Board of Education to prescribe duties of local school boards in addition to those specified by statute.

Title 22.1, Chapter 8 directs the Board of Education to establish and require a system of accounting for all school funds.

Title 22.1, Chapter 9 provides that the Board of Education shall prescribe by regulation minimum standards for the erection of or addition to public school buildings governing instructional, operational, health and maintenance facilities where these are not specifically addressed in the Uniform Statewide Building Code.

Title 22.1, Chapter 10 provides that the Board of Education makes loans and, subject to approval from the General Assembly, loan interest subsidy payments to school divisions for the construction or renovation of schools, and for technology.

Title 22.1, Chapter 12 authorizes the Board of Education to make regulations governing the provision of pupil transportation.

Title 22.1, Chapter 13 provides the Board of Education oversight of instructional programs and services provided by local school boards, and the board is authorized to approve textbooks and instructional materials.

Title 22.1, Chapter 13.2 requires the Board of Education to prescribe Standards of Quality (SOQ) for the public schools, subject to revision by the General Assembly. The Standards of Quality serve as the foundation program for public schools in Virginia. The Board of Education reviews the SOQ not less than every two years and makes recommendations to the General Assembly. There are nine Standards of Quality covering the following topics:

1. Instructional programs supporting the Standards of Learning and other educational objectives;

2. Instructional, administrative, and support personnel;

3. Accreditation, other standards and evaluation;

4. Student achievement and graduation requirements;

5. Quality of classroom instruction and educational leadership;

6. Planning and public involvement;

7. School board policies;

8. Compliance; and

9.Virginia Index of Performance incentive program.

Standard 3 of the SOQ requires the Board of Education to promulgate regulations establishing Standards of Accreditation that apply to all public schools in Virginia, which shall include, but not be limited to:

1. Student outcome measures;

2. Requirements and guidelines for instructional programs and for the integration of educational technology into such instructional programs;

3. Administrative and instructional staffing levels and positions, including staff positions for supporting educational technology, student services, auxiliary education programs such as library and media services;

4. Course and credit requirements for graduation from high school;

5. Community relations; and

6. The philosophy, goals, and objectives of public education in Virginia.

Title 22.1, Chapter 14 authorizes the Board of Education to establish guidelines and develop model student conduct policies to aid local school boards in the implementation of such policies.

Title 22.1, Chapter 15 authorizes the Board of Education to prescribe regulations for the licensure of teachers and school personnel. The Board of Education is required to set criteria for teacher education programs, in cooperation with the State Council of Higher Education. The Board of Education may prescribe forms for teachers' contracts and prescribe grievance procedures and, with its approval, the superintendent may enter into agreements with other states for reciprocal acceptance of educational personnel.

Title 22.1, Chapter 16 provides that the Department of Education shall regulate private schools for students with disabilities. The board shall make regulations for the management and conduct of schools.

The Board of Education's regulations are available at the James Monroe Building, 101 N. 14th Street, Richmond, VA 23219 or at www.doe.virginia.gov/boe/regulations.

Rev. 4/2013