8VAC20. State Board of Education
VAC AGENCY NO. 20
STATE BOARD OF EDUCATION
AGENCY SUMMARY
The Board of Education is a constitutional body vested with the general supervision of the public school system. The Constitution of Virginia (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 several school divisions, 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. This section also vests the board with the general supervision of the public school system.
Article VIII, Section 5 provides for the powers and duties of the Board of Education. The Board has power, subject to criteria and conditions prescribed by the General Assembly, to divide the Commonwealth into school divisions and shall periodically review the adequacy of existing school divisions for this purpose; to make annual reports to the Governor and General Assembly concerning the condition and needs of public education and shall identify any school divisions that have failed to establish and maintain schools meeting the prescribed standards of quality; to certify a list of qualified persons for the office of division superintendent of schools and appoint a division superintendent if the school division fails to select a superintendent; to approve textbooks and other instructional aids and materials for use in courses in the public schools; and to effectuate, as the primary authority, the educational policy set forth in the Constitution and other powers and duties as prescribed by law.
Article VIII, Section 6 of the Constitution establishes the position of Superintendent of Public Instruction. The powers and duties of the superintendent are prescribed by law. The Department of Education provides the staff and other resources to implement the constitutional and statutory requirements placed on the Board of Education.
Article VIII, Section 8 of the Constitution vests the Board of Education with the responsibility for administering the Literary Fund, which supports public education through various revenues. The Board may also authorize borrowing against the fund's assets.
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.
Chapter 1 (§ 22.1-1 et seq.) of Title 22.1 of the Code of Virginia provides the foundational aspects of public education and student enrollment policies in the Commonwealth.
Chapter 2 (§ 22.1-8 et seq.) of Title 22.1 of the Code of Virginia authorizes the vesting of the general supervision of the public school system in the Board of Education. This chapter describes the , governance, responsibilities, and operational protocols of the Board of Education and details aspects such as the appointment and terms of board members, the establishment of a student advisory board, board meeting procedures, and the creation of regulations across various educational concerns, including human research, nutrition, and student safety, as well as accreditation and data security within the public education system.
Chapter 3 (§ 22.1-21 et seq.) of Title 22.1 of the Code of Virginia outlines and defines the appointment, qualifications, and specific responsibilities of the Superintendent of Public Instruction. This chapter covers the superintendent's general duties, administration of national programs such as the National School Lunch Act, and includes directives for model policies.
Chapter 4 (§ 22.1-25 et seq.) of Title 22.1 of the Code of Virginia 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 school administration. This chapter also details the organization and collaboration of the educational structures within the Commonwealth by addressing the formation of school divisions, the establishment and operation of joint, regional, and charter schools, and the specifics of contracts for sharing educational facilities and services. Additionally, this chapter includes provisions for specialized programs like Governor's schools, including certain required and prohibited practices within these programs.
Chapter 6 (§ 22.1-58 et seq.) of Title 22.1 of the Code of Virginia authorizes the Board of Education to prescribe by regulation the minimum qualifications for the position of division superintendent of schools and details the requirements and operational guidelines for the role of division superintendents within school divisions, including mandatory appointments, qualifications, terms, and evaluations of superintendents, as well as specific duties and responsibilities. Additionally, this chapter addresses the conditions for appointing the same superintendent across multiple divisions, various reporting requirements, and the implementation of Internet use policies.
Chapter 7 (§ 22.1-71 et seq.) of Title 22.1 of the Code of Virginia authorizes the Board of Education to prescribe duties of local school boards and the statutory framework governing the operations and responsibilities of school boards. This chapter covers the establishment of school boards as corporate bodies with specific corporate powers, the procedural conduct of meetings, and the roles and duties of various board officers. Additionally, this chapter describes the broad range of responsibilities the school boards hold, including policy development on school uniforms, tobacco use, employee lactation support, school meal provisions, and the promotion of broadband services. It also addresses the legal aspects of school board operations, such as the employment of counsel, insurance policies, and the provision of medical services for employees and employee families.
Chapter 8 (§ 22.1-88 et seq.) of Title 22.1 of the Code of Virginia directs the Board of Education to establish and require a system of accounting for all school funds and outlines the management, appropriation, and regulation of financial resources for public schools. The chapter includes multiple articles detailing state and local funding processes; management of specific funds, such as cafeteria and educational escrow accounts; regulations regarding special taxes for school capital expenditures; and guidelines for handling other funds, such as temporary loans and trust funds. The chapter also sets forth procedures for fiscal accountability and the payment of claims, ensuring transparent and efficient financial operations within public school divisions.
Chapter 9 (§ 22.1-125 et seq.) of Title 22.1 of the Code of Virginia 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 (13VAC5-63), and provides guidelines concerning the management and use of school property. This chapter includes multiple articles that address various aspects of school property management, thereby ensuring school properties are effectively managed, are safe, and meet modern standards to support the educational environment.
Chapter 10 (§ 22.1-142 et seq.) of Title 22.1 of the Code of Virginia provides that the Board of Education may make 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 and outlines the structure, management, and utilization of the Literary Fund, which is a dedicated resource for financing public education facilities in the Commonwealth, thereby ensuring that the Literary Fund is effectively utilized and managed to support the construction and modernization of school facilities across the Commonwealth, providing a financial mechanism to enhance educational infrastructure.
Chapter 11.1 (§ 22.1-175.1 et seq.) of Title 22.1 of the Code of Virginia authorizes the establishment and administration of a grants program aimed at supporting public school construction projects in Virginia.
Chapter 11.2 (§ 22.1-175.6 et seq.) of Title 22.1 of the Code of Virginia authorizes the establishment and operation of a grants program specifically designed to enhance educational technology in Virginia's public schools.
Chapter 12 (§ 22.1-176 et seq.) of Title 22.1 of the Code of Virginia authorizes the Board of Education to make regulations and policies governing the transportation of students within the public school system.
Chapter 13 (§ 22.1-199 et seq.) of Title 22.1 of the Code of Virginia provides the Board of Education oversight of instructional programs and services provided by local school boards and authorizes the comprehensive framework for the approval of textbooks, educational programs, and instructional aids and materials in Virginia's public schools. This chapter addresses the distinct aspects of education for elementary to adult education, including special education and career and technical education.
Chapter 13.2 (§ 22.1-253.13:1 et seq.) of Title 22.1 of the Code of Virginia 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. The SOQ delineate the essential standards and requirements that define the quality of education in Virginia public schools. The structure of this chapter includes the specific standards that guide instructional programs, personnel, school accreditation, student achievement, and more.
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, assessments, and releases from state regulations;
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. Exemplar School Recognition.
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 includes the following:
1. Student outcome and growth 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;
4. Student services;
5. Auxiliary education programs, such as library and media services;
6. Requirements for graduation from high school;
7. Community relations; and
8. The philosophy, goals, and objectives of public education in the Commonwealth.
Chapter 14 (§ 22.1-254 et seq.) of Title 22.1 of the Code of Virginia authorizes the Board of Education to establish guidelines and develop a range of regulations ensuring schools provide a safe, legally compliant, and supportive environment for students, with clear guidelines on attendance, health, discipline, and privacy, to support the educational and developmental needs of all students while maintaining high standards of accountability and safety in the school system.
Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia authorizes the Board of Education to establish a framework and regulations for the management and oversight of early childhood education programs in Virginia to ensure the safety, quality, and effectiveness of early childhood care and education programs in Virginia. This chapter creates a supportive and regulated environment for the youngest learners, fostering their development and preparing them for future educational success.
Chapter 15 (§ 22.1-289.1 et seq.) of Title 22.1 of the Code of Virginia authorizes the Board of Education to prescribe regulations governing the employment, responsibilities, and professional development of educators and other school personnel in Virginia and for the recruitment, employment, development, and retention of teachers and other school personnel to ensure that educators are well-supported, fairly compensated, and provided with the necessary resources and environment to effectively contribute to the education of students.
Chapter 16 (§ 22.1-319 et seq.) of Title 22.1 of the Code of Virginia authorizes the Board of Education to develop the regulatory framework for the operation of schools serving students with disabilities in Virginia. This chapter further ensures specialized institutions meet the necessary standards to provide a safe, effective, and supportive educational environment through a comprehensive legal structure designed to regulate and support schools for students with disabilities, ensuring these educational settings meet high standards of safety, effectiveness, and compliance with state and federal laws.
Chapter 19.1 (§ 22.1-349.1 et seq.) of Title 22.1 of the Code of Virginia requires the Board of Education to establish a framework for the creation and operation of innovative educational settings known as college partnership laboratory schools. These schools are collaborations between colleges and the K-12 education systems aimed at improving educational outcomes through research-based practices and partnerships by fostering innovative educational environments that leverage higher education resources and expertise to experiment with and implement advanced teaching and learning methodologies, thereby serving as models for educational reform and excellence.
The Board can be contacted at boe@doe.virginia.gov or P.O. Box 2120, Richmond, VA 23218, and is found online at http://www.doe.virginia.gov/boe.
Rev. 7/2024