Chapter 720. Regulations Governing Local School Boards and School Divisions
8VAC20-720-10. Definitions.
The following words or terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Excused absence" means an absence of an entire assigned instructional school day with a reason acceptable to the school administration that is provided by the parent. If circumstances permit, the parent should provide the school administration with the reason for the nonattendance prior to the absence. Examples of an excused absence may include the following reasons: funeral, illness (including mental health and substance abuse illnesses), injury, legal obligations, medical procedures, suspensions, religious observances, and military obligation. Suspended students continue to remain under the provisions of compulsory school attendance as described in § 22.1-254 of the Code of Virginia. An absence from school attendance resulting from a suspension shall be recorded in compliance with this section for the period of the suspension.
"Instructional school day" means the length of a regularly scheduled school day for an individual student.
"Textbooks" means print or electronic media for student use that serve as the primary curriculum basis for grade-level subject or course.
"Truancy" means the act of accruing one or more unexcused absences.
"Unexcused absence" means an absence where (i) the student misses a scheduled instructional school day in its entirety and (ii) no indication has been received by school personnel within five days of the absence that the student's parent is aware and supports the absence, or the parent provides a reason for the absence that is unacceptable to the school administration. The school administration may change an unexcused absence to an excused absence when it determines that the parent has provided an acceptable reason meeting criteria for the student's absence or there are extenuating circumstances.
Statutory Authority
§ 22.1-16 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 28, Issue 26, eff. September 26, 2012; amended, Virginia Register Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-720-20. Length of school day.
The time for opening and closing schools shall be prescribed by the local school board upon recommendation of the division superintendent, provided that the daily program for students in grades kindergarten through 12 shall average at least 5-1/2 hours, not including meal intermissions. If the required program length is maintained, the local school board may approve occasional shortened days for staff development, conferences, planning, and other activities designed to improve the instructional program, provided that no more than one day in each five-day week may be shortened to no less than four hours. The student day described in this section shall be considered a minimum day rather than an optimum day; a longer student day is encouraged to accommodate the instructional program and student needs.
When exceptions in the length of the daily program are necessary for special education, alternative education, double shifts, and scheduling or other unusual situations, the local board shall request approval of the exception by the Superintendent of Public Instruction by August 1 preceding the school year for which the exception is applicable. The affected programs must be in compliance with any other regulations that apply to the programs.
The length of the workday for employees shall be determined by the local school board, but it shall be of sufficient length to allow for the daily program for students and additional time as may be necessary for activities such as planning, preparation, meetings, workshops, conferences, meal intermissions, or other contractual obligations.
Statutory Authority
§ 22.1-16 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 26, eff. September 25, 2025.
8VAC20-720-30. Data collection and reporting.
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.
Statutory Authority
§ 22.1-16 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-720-50. School counseling services.
A. Pursuant to the Standards of Quality, each school shall make the following guidance and counseling services reasonably available, with all available resources, to all students:
1. Academic counseling that assists students and parents in acquiring knowledge of the curricula choices available to students, planning a program of studies, arranging and interpreting academic testing, and seeking postsecondary academic opportunities;
2. Career counseling that helps students acquire information and plan action about work, jobs, apprenticeships, and postsecondary educational and career opportunities;
3. Personal or social counseling that assists a student to develop self-understanding, the rights and needs of others, how to resolve conflict, and how to define individual goals that reflect the student's interests, abilities, and aptitudes. This counseling may be provided either (i) in groups (e.g., all fifth graders) in which generic issues of social development are addressed or (ii) through structured individual or small group multi-session counseling that focuses on the specific concerns of the participant (e.g., divorce, abuse, or aggressive behavior).
B. No student shall be required to participate in any counseling program to which the student's parent objects.
C. On or before July 1, 1996, each local school board in Virginia shall adopt a policy, consistent with subdivisions A and B of this section, concerning school guidance and counseling programs in the schools under the local school board's jurisdiction. At a minimum, each local school board policy shall contain the following:
1. A provision for written notification, at least annually, to parents about the academic and career guidance and personal or social counseling programs available to the child. The notification shall include the purpose and general description of the programs, information regarding ways the parent may review materials to be used in guidance and counseling programs at the child's school, and information about the procedures by which the parent may limit the child's participation in such programs.
2. A provision prohibiting the use of counseling techniques that are beyond the scope of the professional certification or training of counselors, including hypnosis or other psychotherapeutic techniques that are normally employed in medical or clinical settings and focus on mental illness or psychopathology.
3. A provision requiring that information and records of personal or social counseling be kept confidential and separate from a student's educational records and not disclosed to third parties without prior parental consent or as otherwise provided by law.
4. A provision with respect to personal or social counseling setting forth either (i) the procedures by which a parent can elect in writing to have the child not participate ("opt-out") or (ii) at the option of the local school board, if the local school board determines that affirmative parental consent is required to participate in such counseling ("opt-in"), the procedures by which such affirmative consent may be given and withdrawn. In issuing this policy, the local school board may distinguish between group and individual or small group counseling as defined in subdivision A 3 of this section. In no event shall a local board require affirmative parental consent for short duration personal or social counseling that is needed to maintain order, discipline, or a productive learning environment.
5. In the event that the local school board elects to require affirmative parental consent under subdivision 4 of this subsection, a provision setting forth the procedures, if any, under which school officials may permit personal or social counseling for children whom the officials believe would benefit from such counseling, but whose parents fail to respond either affirmatively or negatively to reasonable requests for consent.
6. Such other provisions as the local school board may deem appropriate.
D. Before adopting the policy described in subsection C of this section or any amendment to this policy, each local school board shall provide for public participation and comment.
Statutory Authority
§§ 22.1-16, 22.1-253.13:2, and 22.1-253.13:4 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. January 15, 2026.
8VAC20-720-60. School Breakfast Program.
A. Local education agencies shall manage the scholastic records of all students in compliance with applicable law, including National School Lunch Program (7 CFR 210); School Breakfast Program (7 CFR 220); Determining Eligibility For Free And Reduced Price Meals And Free Milk In Schools (7 CFR 245); and §§ 22.1-79.7:1, 22.1-207.2:2, and 22.1-207.3 of the Code of Virginia.
B. Public schools are required to participate in the federal funded School Breakfast Program. Each school board shall notify the Department of Education of its plan through the renewal of the "Agreement to Participate." Procedures used to implement the School Breakfast Program for all students in the school must be included in the "Agreement to Participate" and the "Policy Statement for Free and Reduced Price Meals."
C. Each school board shall submit a plan to comply with the provisions of § 22.1-207.3 of the Code of Virginia. Those school boards that include all required schools in the "Agreement to Participate" are deemed to have satisfied this provision.
D. Each school board must submit to the Department of Education the number and socioeconomic characteristics of school-age children eligible for meal benefits under the federal guidelines for any school that does not provide the federally funded National School Lunch Program.
E. A school's food services, including kitchen and dining areas, must meet, at a minimum, all applicable state and federal regulations for meal preparation, service, and food consumption.
F. School breakfast programs will be evaluated for nutritional and financial integrity, accountability, and benefits for students through reviews prescribed by federal regulation and through Department of Education assessments.
G. Complaints received from parents or students or appeals concerning a student's eligibility for meal benefits shall be processed by a school or school board official. If unresolved, appeals by the complainant shall follow the prescribed procedures in the "Policy Statement for Free and Reduced Price Meals."
H. The breakfast program may be provided before the school day begins or during a scheduled morning break. It is recommended that students have a minimum of two hours between breakfast and lunch whenever possible. Students must be provided a minimum of 10 minutes to eat breakfast after the meal is served.
I. All foods that are sold from 6 a.m. until after the close of the last breakfast service period must be of sound nutritional value and contribute significantly to student nutritional needs as identified in current Recommended Dietary Allowances, which can be found at https://ods.od.nih.gov/HealthInformation/nutrientrecommendations.aspx. The income from any food sales during this period shall accrue to the school food service.
Statutory Authority
§§ 22.1-16 and 22.1-207.3 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 9, eff. January 29, 2026.
8VAC20-720-80. Student fees and charges.
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.
H. Local school boards may charge fees for the following:
1. Optional services, such as parking or locker rental;
2. Student-selected extracurricular activities;
3. Class dues; however, class dues shall not be mandatory, and the school board shall specify the kinds of programs and activities covered by class dues;
4. Field trips or educationally-related programs that are not required instructional activities;
5. Fees for musical instruments, so long as the instruction in the use of musical instruments is not part of the required curriculum;
6. Distance learning classes for enrichment and not necessary to meet the requirements for a diploma;
7. Summer school, unless the classes are required for remediation as prescribed by the Standards of Quality, § 22.1-253.13:1 of the Code of Virginia;
8. Overdue or lost or damaged library books;
9. Lost or damaged textbooks, in accordance with § 22.1-243 of the Code of Virginia; however, textbooks shall be provided free of charge;
10. Consumable materials such as workbooks, writing books, drawing books , and fine arts materials and supplies; however, in accordance with § 22.1-243 of the Code of Virginia, the local school board shall develop a policy ensuring that workbooks, writing books, drawing books , and fine arts materials and supplies are furnished to students who are unable to afford them at a reduced price or free of charge . In addition, local school boards are not authorized to charge fees to students for instructional materials, textbooks, or other materials that are not directly used by a public school student;
11. The behind-the-wheel portion of the driver's education program in accordance with § 22.1-205 of the Code of Virginia;
12. A fee not to exceed a student's pro rata share of the cost of providing transportation for voluntary extracurricular activities, in accordance with § 22.1-176 of the Code of Virginia; and
13. The preparation and distribution of official paper copies of student transcripts; however, each school board shall provide a reasonable number of copies for free before a charge is levied for additional official copies. Official electronic copies of student transcripts shall be provided for free.
H. Local school boards shall not:
1. Withhold any student's scholastic report card or diploma because of nonpayment of fees and charges, in accordance with § 22.1-6 of the Code of Virginia;
2. Withhold any student's class schedule; or
3. Suspend or expel a student for nonpayment of fees and charges.
I. Nothing in this chapter shall be construed to prohibit the school board of any county, city, or town from making supplies, services, or materials available to pupils at cost.
J. These regulations do not address the operation of school stores or fund-raising activities where transactions are strictly voluntary.
Statutory Authority
§ 22.1-16 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 29, Issue 6, eff. December 19, 2012.
8VAC20-720-160. Instructional materials.
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.
Statutory Authority
§ 22.1-16 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 28, Issue 26, eff. September 26, 2012.
8VAC20-720-170. Textbooks.
A. Textbook approval.
1. The State 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 State 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 State Board of Education, provided the local school board selects books in accordance with this chapter.
4. Contracts and purchase orders with publishers of textbooks approved by the State Board of Education for use in grades six through 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.
B. Procedures for selection of textbooks by local school boards. Local school boards shall adopt procedures for the selection of textbooks. These procedures shall include, at a minimum, the following:
1. Appointment of evaluation committees by the local school board to review and evaluate textbooks in each of the subject areas.
2. Notice to parents that textbooks under consideration for approval will be listed on the school division's website and made available at designated locations for review by any interested citizens.
3. Opportunities for those reviewing textbooks to present comments and observations, if any, to the local school board through locally approved procedures.
4. Procedures to ensure appropriate consideration of citizen comments and observations.
5. Selection criteria.
C. Local school board selection of textbooks other than those approved by the State Board of Education.
1. The selection process for non-State Board of Education approved textbooks is subject to the procedures outlined in subsection B of this section.
2. The selection process for textbooks pertaining to Virginia Standards of Learning subjects shall include at the local level a correlation of the content to the Virginia Standards of Learning in the content area and an analysis of strengths and weaknesses of the textbook in terms of instructional planning and support.
3. The publisher of such textbooks shall:
a. Provide to the local school board a certification that the content of the textbook is accurate; and
b. Sign an agreement with the local school board to correct all factual and editing errors found in a textbook at its own expense.
D. Purchasing State Board of Education approved textbooks.
1. Local school divisions shall purchase textbooks approved by the State Board of Education directly from the publishers of the textbooks by either entering into written term contracts or issuing purchase orders on an as-needed basis in accordance with § 22.1-241 of the Code of Virginia.
2. Such written contracts or purchase orders shall be exempt from the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia).
E. Purchasing non-State Board of Education approved textbooks. The purchase of textbooks other than those approved by the State Board of Education is not exempt from the Virginia Public Procurement Act.
F. Distribution of textbooks. Each local school board shall provide, free of charge, textbooks required for courses of instruction for each child attending public schools. In the case of children whose parents or guardians are financially unable to furnish workbooks, local school boards shall provide, free of charge, any workbooks required for courses of instruction.
G. Certifications.
1. The division superintendent and chairperson of the local school board shall annually certify to the Virginia Department of Education that:
a. All textbooks were selected and purchased in accordance with this chapter; and
b. The price paid for each textbook in accordance with § 22.1-241 of the Code of Virginia.
2. The certification shall include a list of all textbooks adopted by the local school board.
Statutory Authority
§ 22.1-16 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 28, Issue 26, eff. September 26, 2012; Errata, 30:4 VA.R. 453 October 21, 2013; amended, Virginia Register Volume 30, Issue 12, eff. March 27, 2014; Volume 41, Issue 26, eff. September 25, 2025.
8VAC20-720-190. Criteria to identify toxic art materials; labeling; use in elementary grades prohibited.
A. The definitions and requirements of 16 CFR 1500.14(b)(8) and 16 CFR 1500.135 are incorporated by reference.
B. School divisions shall evaluate all art material used in schools. All art materials used in the public schools that meet the criteria as toxic under 16 CFR 1500.14(b)(8) and 16 CFR 1500.135 shall be so labeled.
C. Use of art materials evaluated to be toxic under 16 CFR 1500.14(b)(8) and 16 CFR 1500.135 shall be prohibited in kindergarten through grade five.
Statutory Authority
§§ 22.1-16 and 22.1-274.1 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 7, eff. January 1, 2026.
8VAC20-720-200. Drug and substance abuse program.
Public schools of the Commonwealth shall:
1. Develop and integrate a practical, impactful substance misuse prevention and education program throughout the health education instruction.
2. Implement professional development on substance misuse prevention for all staff members.
3. Collaborate with authorized governmental and private organizations dedicated to student health and substance misuse prevention.
4. Foster and support student-led initiatives and groups that promote positive peer influence in substance misuse prevention.
5. Create a positive climate whereby students may seek and receive counseling about substance abuse and related problems.
Statutory Authority
§§ 22.1-16 and 22.1-206 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 7, eff. January 1, 2026.
8VAC20-720-210. Library personnel.
All persons employed in any public school library or any library operated under joint contract between a school board and the trustees of a county or regional library system shall be under the direction, supervision, and control of the local school board.
Statutory Authority
§ 22.1-16 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 7, eff. January 1, 2026.