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 vests the board with general supervision of the Commonwealth's public school system.
Article VIII, Section 5 of the Constitution sets out the powers and duties of the Board of Education. Subject to criteria and conditions prescribed by the General Assembly, the board has the authority to divide the Commonwealth into school divisions and to review periodically the adequacy of those divisions. The board must submit annual reports to the Governor and the General Assembly on the condition and needs of public education and identify any school divisions that do not meet the Standards of Quality. The board must certify a list of qualified candidates for division superintendent and shall appoint a superintendent when a school division does not select one. The board also approves textbooks and other instructional aids and materials for use in the public schools and carries out the educational policy established in the Constitution and in state 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.
Article VIII, Section 8 of the Constitution vests the Board of Education with the responsibility for holding and administering the Literary Fund.
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 establishes the foundational structure of Virginia's public school system and sets general policies for student enrollment, administration of the statewide school system, oversight of education for children in state custody, authority of fees, and authority over high-quality instructional materials.
Chapter 2 (§ 22.1-8 et seq.) of Title 22.1 of the Code of Virginia vests the general supervision of the public school system in the Board of Education. This chapter governs the board's structure and operations, as it sets out member appointments and terms, addressing nominees, vacancies, and confirmation by the General Assembly; establishes the Student Advisory Board; and defines meeting procedures, quorum requirements, and rulemaking authority. It also authorizes regulations in areas such as human research, nutrition and physical activity, student safety and re-enrollment, accreditation, data security, group homes and residential facilities, parental notification, honorary diplomas, secure mandatory testing, pupil people, staff records, school property, and English language learners.
Chapter 4 (§ 22.1-25 et seq.) of Title 22.1 of the Code of Virginia assigns the Board of Education responsibility for establishing and dividing 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 directs the Board of Education to establish 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.
Chapter 7 (§ 22.1-71 et seq.) of Title 22.1 of the Code of Virginia directs the Board of Education to prescribe duties of local school boards and the statutory framework governing the operations and responsibilities of school boards. Additional responsibilities of the Board of Education applicable to local school boards include duties related to clerk examinations, regulatory consistency, calendar waivers and scheduling guidelines, uniform guidelines, and annual reporting requirements.
Chapter 8 (§ 22.1-88 et seq.) of Title 22.1 of the Code of Virginia requires the Board of Education to establish an accounting system for all school funds and governs the appropriations, management, and oversight of financial resources for public schools.
Chapter 9 (§ 22.1-125 et seq.) of Title 22.1 of the Code of Virginia directs the Board of Education to 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.
Chapter 10 (§ 22.1-142 et seq.) of Title 22.1 of the Code of Virginia grants the Board of Education authority to 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 establishes the Virginia Public School Construction Grants Program and Fund. Administered by the Board of Education, the program provides grants to eligible school divisions and regional Career and Technical Education programs for construction, additions, infrastructure, site acquisition, renovations, and related debt payments on qualifying projects.
Chapter 11.2 (§ 22.1-175.6 et seq.) of Title 22.1 of the Code of Virginia establishes the Virginia Public School Educational Technology Grants Program, which the Board of Education administers to provide funding for technology infrastructure, hardware and software acquisition or replacement, and innovative educational technology programs.
Chapter 12 (§ 22.1-176 et seq.) of Title 22.1 of the Code of Virginia authorizes the Board of Education to regulate student transportation, including setting conditions for transportation services, school bus standards, driver qualifications, and insurance requirements.
Chapter 13 (§ 22.1-199 et seq.) of Title 22.1 of the Code of Virginia authorizes the Board of Education to oversee instructional programs and services offered by local school boards and establishes a comprehensive framework for approving textbooks, instructional materials, and educational programs across elementary, secondary, adult, special, and career and technical education. The board sets standards for driver education and for middle and high school instruction on substance misuse, including opioid overdose response and fentanyl awareness.
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 delineates 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 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 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 regulations governing compulsory school attendance and related enrollment requirements.
Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia authorizes the Board of Education to develop a comprehensive regulatory framework for early childhood care and education in Virginia. The board's authority encompasses definition of standards, establishment of a uniform measurement and improvement system, oversight of licensure and registration for child day centers, family day homes, and related entities, and the enforcement of confidential records protections and building code compliance.
Chapter 15 (§ 22.1-289.1 et seq.) of Title 22.1 of the Code of Virginia authorizes the Board of Education to establish regulations that govern the licensure of school personnel in Virginia, educator preparation programs, and grievance procedures. The board is also authorized to award teaching scholarship loans and administer the National Teacher Certification Incentive Reward Program and mentor teacher programs. Chapter 15 also establishes the Advisory Board on Teacher Education and Licensure.
Chapter 16 (§ 22.1-319 et seq.) of Title 22.1 of the Code of Virginia authorizes the Board of Education to establish a comprehensive regulatory framework for privately operated schools serving students with disabilities in Virginia.
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 criteria and guidelines for the creation and oversight college partnership laboratory schools.
The board may be contacted at boe@doe.virginia.gov or P.O. Box 2120, Richmond, VA 23218-2120, and is found online at http://www.doe.virginia.gov/boe.
Rev. 7/2026