8VAC20-710 Regulations Governing the Process for Submitting Proposals to Consolidate School Divisions

REGULATIONS

Vol. 30 Iss. 10 - January 13, 2014

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Chapter 710

Fast-Track Regulation

Title of Regulation: 8VAC20-710. Regulations Governing the Process for Submitting Proposals to Consolidate School Divisions (repealing 8VAC20-710-10, 8VAC20-710-20, 8VAC20-710-30).

Statutory Authority: § 22.1-16 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: February 12, 2014.

Effective Date: February 27, 2014.

Agency Contact: Anne Wescott, Assistant Superintendent for Policy and Communications, Department of Education, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone [phone], or email [e-mail].

Basis: Section 22.1-16 of the Code of Virginia provides the general authority for the Board of Education to promulgate such regulations as may be necessary to carry out its powers and duties and the provisions of Title 22.1 of the Code of Virginia. Chapter 644 of the 2013 Acts of Assembly removes the requirement that the Board of Education promulgate regulations concerning the process for submitting proposals for the consolidation of school divisions.

Purpose: The Governor's 2012 Regulatory Reform Initiative was established to repeal regulations that are unnecessary or no longer in use; reduce unnecessary regulatory burdens on individuals, businesses, and other regulated groups; and identify statutes that require unnecessary or overly burdensome regulations. Repealing this regulation is necessary to comport with the Governor's Regulatory Reform Initiative. Repealing these regulations will have no impact on public health, safety, or welfare.

Rationale for Using Fast-Track Process: Repeal of the regulation is not expected to be controversial. The regulations simply duplicate the provisions already in the Code of Virginia and are, therefore, unnecessary.

Substance: The amendments repeal regulations that duplicate provisions of the Code of Virginia.

Issues: The advantage of repealing these regulations is that such action would eliminate unnecessary regulations. There are no disadvantages.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Education proposes to repeal these regulations.

Result of Analysis. Repealing these regulations will have no economic impact.

Estimated Economic Impact. These regulations duplicate language in the Code of Virginia. Thus repealing these regulations will have no economic impact.

Businesses and Entities Affected. Repealing these regulations will not affect the 132 public school divisions in the Commonwealth.

Localities Particularly Affected. Repealing these regulations will not affect localities.

Projected Impact on Employment. Repealing these regulations will not affect employment.

Effects on the Use and Value of Private Property. Repealing these regulations will not affect the use and value of private property.

Small Businesses: Costs and Other Effects. Repealing these regulations will not affect small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. Repealing these regulations will not affect small businesses.

Real Estate Development Costs. Repealing these regulations will not affect real estate development costs.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to Economic Impact Analysis: The agency concurs with the economic impact analysis completed by the Department of Planning and Budget.

Summary:

Chapter 644 of the 2013 Acts of Assembly removed the mandate that the Board of Education promulgate regulations to provide a process whereby school divisions may submit proposals for the consolidation of school divisions to the Board of Education. This action repeals the associated regulations as unnecessary.

VA.R. Doc. No. R14-3792; Filed December 19, 2013, 11:09 a.m.