Administrative Code

Virginia Administrative Code
5/30/2024

Chapter 690. Regulations for Scoliosis Screening Program

8VAC20-690-10. Definitions.

The following words and terms when used in this regulation shall have the following meanings unless the context clearly indicates otherwise:

"Forward bend test" means a procedure to assess the possible presence of abnormal spinal curvature.

"Scoliometer" means a device for measuring the amount of abnormal curvature in the spine.

"Scoliosis" means a lateral or sideways curvature of the spine, generally associated with the rotation of the spine and rib cage.

"Scoliosis screening" means a postural screening process of assessment and evaluation used to identify students with spinal deviations at an early stage of development and to refer students for a medical evaluation. Early detection and intervention may prevent further structural deformity and resulting secondary problems.

Statutory Authority

§ 22.1-273.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 21, Issue 12, eff. March 29, 2005.

8VAC20-690-20. Scoliosis program.

A. Each school board shall implement a scoliosis program that shall consist of the provision of parent educational information on scoliosis for students in grades 5 through 10 or the implementation of a program of regular screening for scoliosis for students in grades 5 through 10. School boards shall not impose a fee for any scoliosis program implemented.

B. School boards shall not be required to screen students in grades 5 through 10 who have been admitted for the first time to a public school and who have been tested for scoliosis as part of the comprehensive physical examination required by § 22.1-270 of the Code of Virginia or those students whose parents have indicated their preference that their children not participate in scoliosis screening.

C. Each school board shall review and adhere to the federal 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 the development and implementation of a regular scoliosis screening program.

Statutory Authority

§ 22.1-273.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 21, Issue 12, eff. March 29, 2005.

8VAC20-690-30. Parent educational information.

A. School boards implementing a scoliosis program consisting of the provision of parent educational information on scoliosis shall provide such information to the parents of students in grades 5 through 10 within 60 business days after the opening of school each year.

B. Parent educational information on scoliosis shall include but not be limited to (i) a definition of scoliosis, (ii) a description of how scoliosis is identified, (iii) a statement describing why it is important to screen for the condition, (iv) a description of the types of screening procedures, (v) a description of potential treatments for the condition, and (vi) information on where screening may be obtained.

Statutory Authority

§ 22.1-273.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 21, Issue 12, eff. March 29, 2005.

8VAC20-690-40. Regular scoliosis screening.

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.

Historical Notes

Derived from Virginia Register Volume 21, Issue 12, eff. March 29, 2005.

8VAC20-690-50. Training required for personnel and volunteers.

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.

Historical Notes

Derived from Virginia Register Volume 21, Issue 12, eff. March 29, 2005.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.