Committee on the Standards of Quality
Communication and Approach for Advocacy of the 2016 SOQ Recommendations

The Committee discussed the Board’s approach for advocacy of their recently adopted 2016 recommendations for changes to the Standards of Quality.   They focused on their constitutional responsibility to educate children in the Commonwealth and identified three factors that drive education funding:  needs, high expectations, and accountability.  Instead of setting specific priorities among the list of recommendations, the Board instead suggested that a better approach would be to ask “which of the three factors is not important?”

Additional topics addressed during the discussion were the impact of changing demographics (e.g. 40% of students live in poverty) and the fact that schools that need the most support from the state are the ones that are hurt the most when a reduction in state funds occurs.

The Board expressed their desire to hear from the public (teachers, administrators, parents, students, and business leaders) about what the priorities should be if cuts in funding are to occur.

Finally, the Committee postponed a planned discussion of a framework for future SOQ reviews.

Committee on School and Division Accountability
Proposed Amendments to the Regulations Establishing Standards for Accrediting Public Schools in Virginia, Parts I-VII (Proposed Stage)

The Board continued its ongoing discussion of proposed revisions to the Standards of Accreditation.  Revisions proposed since the Board’s first review of the Regulations Establishing Standards for Accrediting Public Schools in Virginia, Parts I-VII (Proposed Stage) at the September 22, 2016 meeting include:

Part 1:  Definitions and Purpose

• Definition of the term Board of Education or board added, as prescribed in the Constitution of Virginia and the Code of Virginia, and the term board replaced with Board of Education, as appropriate, throughout the document.
• Definition of the term English Learner has been added and the term English Language Learner has been replaced throughout the document with the term English Learner as now referenced in the Elementary and Secondary Education Act.
• Reference to “limited English proficient” replaced with “English Learner” in definition of “eligible students” (and replaced throughout document)
• Definition of “planning period” revised for clarity and consistency
• Definition of the term planning period has been revised to require at least 540 minutes every two weeks in increments of not less than 45 minutes in middle and secondary schools
• Definition of the term planning time for elementary teachers has been added in accordance with Code
• Language added which shows that in addition to educating students so that they attain essential knowledge and skills related to citizenship, the mission of the public education system is to educate students so that they will be equipped for an informed and successful private life
• Language struck which referenced an excellent public education and a high quality education added
• Reference added regarding citation in the Standards of Quality (Standard 3)

Part II:  Philosophy, Goals and Objectives

• Reference to personnel development replaced with professional staff development
• Language added regarding preparation of graduates who have explored and understand what opportunities exist for them after high school and who have the knowledge and abilities necessary for the next phase of their lives as adults

• Language added to clarify the Board’s objective in promulgating these revised regulations: to provide an education foundation that ensures students are ready to be successful in a global economy, which includes a changing and growing technology and social transformation.
• Language added to show that the Board is redesigning the public school experience so that students will be adequately prepared for future challenges
• Language added which clarifies that the college-and career-ready student will be expected to achieve and apply appropriate academic and technical knowledge; attain and demonstrate age-appropriate productive workplace skills, qualities, and behavior; align knowledge, skills, and personal interests with career opportunities; and build connections for interactions with diverse communities

           Part III:  Student Achievement

• Language added to specify Standards of Quality (SOQ) requirement that any student failing all SOL assessments for grades three through eight or failing an

end-of-course test require for verified credit shall be required to receive remediation Language added to clarify remediation requirements for students in grades three through eight to show that those students who fail to achieve a passing score on all SOL assessments for the relevant grade level in those grades will be required to attend a remediation program or to participate in another form of remediation

• Included 8VAC20-131-50 (requirements for graduation) in document for clarity, since the new requirements (8VAC20-131-51) will be effective with the ninth grade students who enter in the 2018-2019 school year
• Revised language to show that this section is effective with the students who enter the ninth grade in the 2018-2019 school year
• Revised and expanded language referencing meaningful and rigorous opportunities--must be tied to instruction to achieve workplace skills through internships, externships, credentialing, and blended learning in accordance with department work-based learning guidelines

• Deleted the language referencing “successful contributors to the economy of the Commonwealth” and added language “to be successful in the evolving global economy whether immediately entering the world of work or pursuing a post-secondary education”

• Under “requirements for a standard diploma,” added in information about the standard unit of credit and the verified unit of credit
• Under “requirements for a standard diploma,” added in language regarding local board option to develop alternatives to the requirement for 140 clock hours of instruction as provided in 8VAC20-131-110 and in accordance with Board guidelines
• Under specifications for discipline areas for the revised specifications for laboratory science to include interdisciplinary courses which incorporate SOL content from multiple academic areas
• For Standard Diploma and the Advanced Studies Diploma, added the following:

• Students who do not pass SOL tests in English, mathematics, laboratory science, or history and social science may receive locally awarded verified credits from the local school board in accordance with criteria established in guidelines adopted by the  Board
• Students may receive locally awarded verified credit in history and social science by demonstrating mastery of the content on locally developed authentic performance assessments.  Such students shall not also be required to take the SOL tests in history and social science

          Part IV:  School Instructional Program

• Added language to:

• Clarify that consistent with the Profile of a Virginia Graduate, the instructional program and learning objectives shall ensure, as age appropriate, during the kindergarten through grade 12 experience, students achieve and apply appropriate career development and technical knowledge. Amended proposal to reference global economy
• Clarify that students in elementary and middle school will explore personal interests, be exposed to different types of careers, and plan for career development
• Clarify that in the later school years students are to attain and demonstrate productive workplace skills, qualities and behaviors; align knowledge, skills, and personal interests with career opportunities; and understand and demonstrate civic responsibility and community engagement
  Added language to:  show that each middle school shall provide instruction in career investigation for seventh grade students in accordance with 8VAC20-131-14

• Added language to:  that schools are required to provide students in grades six through eight who are at risk of failing the Algebra I end-of-course test with algebra readiness intervention services
• Added language to as follows: “The secondary school shall provide each student a program of instruction in the four core academic areas of English, mathematics, science, and history and social science that identify the knowledge and skills that students should attain, giving due consideration to critical thinking, creative thinking, collaboration, communication, and citizenship,…”
• Language is added to align with the requirement in the Standards of Quality that each school shall ensure targeted mathematics remediation and intervention for those students who demonstrate deficiencies. Added language to require that students in grade nine who are at-risk of failing the Algebra I end-of-course test (based on any diagnostic test approved by the department) shall be provided algebra readiness intervention services in accordance with the Standards of Quality
• Revised language regarding the 140-clock-hour requirement to show more flexibility
• Revised language to provide that a school division may waive the 140-clock-hour  requirement for instruction to earn a standard credit as prescribed in the Code of Virginia and Board guidelines, effective with students enrolled in the 2015-2016 school year
• Included current language effective for Academic and Career Plan (ACP) until 2018-2019
• Added language which clarified that, beginning in the 2018-2019 academic year, support to Students shall include provision of information concerning exploration of career cluster areas in elementary schools, and course information and planning for college preparation programs, opportunities for educational and academic experiences in and outside the classroom, including internships and work-based learning, and the multiple pathways to classroom, including internships and work-based learning, and the multiple pathways to college and career readiness in middle and high school
• Added language to describe values such as dependability and responsibility with reference to information to be included in the elementary student’s Academic and Career Plan Portfolio
• Since September draft, language regarding homebound instruction re-ordered– now remains
• Section A.  Language regarding alternative means of instruction and language regarding virtual courses combined into one section. Clarifying language regarding standard and verified credits also added. Language regarding correspondence courses deleted and replaced with virtual courses

Part V:  School and Instructional Leadership

• Language added regarding legislative requirements for current physical fitness program which shall be available to all students with a goal of at least 150 minutes per week on average during the regular school year. A program of physical activity is required, effective with the 2018-2019 school year. At that time local school boards must provide a program of physical activity for all students in grades kindergarten through five consisting of at least 20 minutes per day or an average of 100 minutes per week during the regular school year and available to all students in grades six through twelve with a goal of at least 150 minutes per week on average during the regular school year
• Repetitive introductory paragraph deleted
• Change made from the September draft to delete language regarding notification to parents about sexually explicit instructional materials and parental options. This language has been moved to the Regulations Governing Local School Boards and School Divisions

All of the proposed revisions can be found at:  http://www.doe.virginia.gov/boe/meetings/2016/11-nov/agenda-items/item-k.pdf.  The proposed revisions to Parts I-VII of the regulations will be presented for final review at the Board’s January 26, 2017 meeting.

Briefing on Every Student Succeeds Act (ESSA) Plan Requirements

The Accountability Committee received the following briefing regarding Virginia’s plans for compliance with the federal Every Student Succeeds Act (ESSA).  ESSA was signed into law on December 15, 2015, amending the Elementary and Secondary Education Act of 1965 (ESEA); and replaces the most recent set of ESEA amendments, the No Child Left Behind Act of 2001 (NCLB).

ESSA – General Information.  ESSA continues requirements to:

• Assess reading/language arts and mathematics annually in grades 3-8 and once in high school;  
• Assess science once in grades 3-5, once in grades 6-9, and once in grades 10-12; and
• Disaggregate results of accountability indicators for all students and reporting groups.

ESSA Accountability Indicators.  State accountability systems must address:

• Academic achievement;
• Academic progress;
• Graduation rates;
• Progress in English Learners gaining proficiency in English; and
• School quality (Academic indicators must carry much greater weight than the school quality indicator).

Comprehensive Support and Improvement

• ESSA requires identification of the lowest 5% of Title I schools based on performance for all students, and all high schools with a federal four-year  cohort graduation rate below 67% for all students, and all high schools with a  federal four-year cohort graduation rate below 67% for comprehensive support and improvement.
• Schools identified for targeted support and improvement due to low-performing reporting groups may also be identified for comprehensive support if they fail to improve over time.

Targeted Support and Improvement

• ESSA requires the identification of schools for targeted support and improvement that have low performing reporting groups.     
• Consistently underperforming – any school with one or more low performing reporting groups over two years
• Low-performing – any school in which one or more reporting groups is performing at a very low level when compared with comprehensive schools

Report Card Requirements. Reporting on academic achievement levels on state assessments will include:

• Children of military parents
• Children in foster care
• Children experiencing homelessness
• Migrant students
• Gender categories

Reporting must also include school quality, climate, and safety data; teacher equity data; and per pupil expenditure information.

Additional Opportunities for Stakeholder Involvement.  The Board’s ESSA Stakeholder Engagement Webpage provides the following announcements and resources:

• Public Hearings
• English Learner Roundtable
• Teacher Effectiveness Roundtable
• Accountability Roundtable

Virginia’s state plan is scheduled to be submitted to the U.S. Department of Education by March 2017.

Proposed Concepts for Amendments to the Regulations Establishing Standards for Accrediting Public Schools in Virginia, Part VIII (Proposed Stage)

Proposed revisions to Part VIII of the Standards of Accreditation were presented separately, to allow additional time for the Board to consider approaches to measuring school quality, including alignment with new requirements for state accountability systems established by the new federal Every Student Succeeds Act (ESSA), the reauthorization of the Elementary and Secondary Education Act of 1965.

Through discussion at the Committee on School and Division Accountability, the Board has identified goals for Virginia’s accountability system, which include:

• Providing a comprehensive picture of school quality;
• Driving continuous improvement for all school schools;
• Building on school strengths and addressing weaknesses;
• Informing areas of technical assistance and use of school improvement resources;
• Informing stakeholders.

A matrix-based system was presented to the Committee that would emphasize outcomes and learning opportunities through multiple school quality measures, or indicators. Examples include: pass rates on state assessments, dropout rates, and rates of chronic absenteeism. Technical assistance and school improvement resources would be targeted based on performance in each indicator. Each school would be held accountable for each measure based on one of four performance levels for each applicable measure, from Level 1 for the highest performing schools, to Level 4 for the schools most in need of improvement. These multiple performance levels would encourage continuous improvement in schools as they strive to achieve the next-highest performance level. Displaying accountability information in this manner would also provide a more comprehensive picture of school quality than academic outcome measures alone.

The Committee examined the following Matrix-based system concepts and the associated questions: 

• Concept 1: Defining School Quality - This concept compares the current accreditation system based on endpoints with a matrix system based on multiple measures and levels of performance.

Question:  Should the overall purpose and approach to measuring school quality be centered around a summative accreditation rating that is based on one outcome, or should school quality be measured through a process which is based on multiple measures and drives continuous improvement?

• Concept 2: School Quality Measures - This concept discusses several potential measures to be used in the matrix, as well as the criteria that should be used by the Board when selecting school quality measures.

Question:  Is the proposed criteria adequate to determine whether an indicator provides an accurate picture of school quality?

• Concept 3: Performance Levels - This concept illustrates how schools would be grouped into four performance levels indicating their performance for each school quality measure from demonstrating best practice to needing state intervention.

Question:  Are the four levels described adequate and appropriate?

• Concept 4: Benchmarks - This concept establishes benchmarks used to group schools into each of the four performance levels. A procedure for selecting appropriate benchmarks is discussed.

Questions:  Are the steps listed for determination of benchmarks adequate? Should the Board anticipate regular re-benchmarking over time?

• Concept 5: Actions - This concept describes the types of actions a school would be required to take based on the school’s performance level for a given school quality measure.

     Question:  Are the actions suggested appropriate for each level?

• Concept 6: System Transition - This concept proposes providing time and a transitionary period to shift from the existing accreditation system to a matrix- based system.

Questions:  How should the transition to the new system occur?  Is a three-year transition period appropriate?

Based upon the Board’s discussion of these concepts and answers to the posted questions, staff will draft revisions to Part VIII of the SOA for presentation and final review at the Board’s January 2017 meeting.

Additional information regarding the proposed concepts to be incorporated into the Regulations Establishing Standards for Accrediting Public Schools in Virginia, Part VIII can be found at:  http://www.doe.virginia.gov/boe/meetings/2016/11-nov/agenda-items/item-l.pdf.

Regular Business Meeting

Revisions to Guidelines for Policies on Concussions in Students, House Bill 954 Passed by the 2016 General Assembly

The Board adopted the Guidelines for Policies on Concussions in Students to replace the Guidelines for Policies on Concussions in Student-Athletes adopted by the Board in January 2015.  These new guidelines clarify the expectations for school personnel to be alert to cognitive and academic issues that may be experienced by a student who has suffered a concussion or other head injury, and provide guidance to local school boards to broaden the scope of their "Return to Learn Protocol" policies and procedures on concussions to include all students.

Advisory Board on Teacher Education and Licensure’s Recommendation to Grant Approval to Add New Education (Endorsement) Programs at Shenandoah University and Washington and Lee University (Rockbridge Teacher Education Consortium

The Board approved the Advisory Board on Teacher Education and Licensure’s recommendation to grant approval to add new education (endorsement) programs at Shenandoah University and Washington and Lee University (Rockbridge Teacher Education Consortium).  Shenandoah University received approval for graduate level programs in the areas of Reading Specialist and Early Childhood for Three-and-Four-Year-Olds (Add-on-Endorsement).  Washington and Lee University received approval for and undergraduate program in Music Education-Vocal/Choral PreK-12.

Advisory Board on Teacher Education and Licensure’s Recommendation to Amend the Licensure Regulations for School Personnel to Comply with House Bill 261 of the 2016 Virginia General Assembly (Fast Track)

          The Board approved the Advisory Board on Teacher Education and Licensure’s recommendation to amend the Licensure Regulations for School Personnel to comply with House Bill 279 of the 2016 Virginia General Assembly.  The Licensure Regulations have been revised to provide for the issuance of a three-year license to any former member of the Armed Forces of the United States or the Virginia National Guard who has received an honorable discharge and has the appropriate level of experience or training but does not meet the requirements for a renewable license. 

Advisory Board on Teacher Education and Licensure’s Recommendation to Amend the Licensure Regulations for School Personnel to Comply with House Bill 279 of the 2016 Virginia General Assembly (Fast Track)

The Board approved the Advisory Board on Teacher Education and Licensure’s recommendation to amend the Licensure Regulations for School Personnel to comply with House Bill 279 of the 2016 Virginia General Assembly.  The Licensure Regulations have been revised to provide for the issuance of a three-year license to qualified individuals to teach high school career and technical education courses in specific subject areas for no more than 50 percent of the instructional day or year, on average.

Virginia Department of Education’s Application for an Annual Waiver of the Teacher Licensure Requirements for Trade and Industrial Education Teachers to Comply with House Bill 682 of the 2016 Virginia General Assembly

The Board approved the application process and form for the annual waiver applications of licensure requirements for individuals hired to teach in a trade and industrial education program.

A waiver of the following licensure requirements may now be requested:

• Technology Standards for Instructional Personnel;
• Human growth and development: three semester hours;
• Curriculum and instructional procedures in career and technical education: three semester hours; and
• Applications of instructional technology or classroom and behavior management: three semester hours.

The application process and form for the annual waiver applications of licensure requirements for individuals hired to teach in a trade and industrial education program can be found at:   http://www.doe.virginia.gov/boe/meetings/2016/11-nov/agenda-items/item-e.pdf.

Amendments to the Regulations Governing Nutritional Guidelines for Competitive Foods Available for Sale in the Public Schools (Final Stage)

The Board approved the amendments to the Regulations Governing Nutritional Guidelines for Competitive Foods Available for Sale in the Public Schools.  The language in the regulations has now been updated to align with the federal Smart Snacks in Schools regulations governing competitive foods available to students during the school day to provide clarity and consistency in state and federal regulations. These regulations incorporate the fundraising exemptions allowed by the federal regulations, mandated by the General Assembly, and initially implemented by a Board of Education resolution in November 2015.

School divisions are now required to: 

• adopt consistent nutritional guidelines as part of their required local wellness policies;
• maintain records documenting compliance with the competitive food nutrition standards and the fundraiser exemptions;
• if necessary, change the food offerings on school campus during the regular school day to meet the regulatory requirements.

There is likely to be an administrative impact and possibly a financial impact for all school divisions due to the implementation of these new regulations.

Additional information regarding the approved regulations can be found at:  http://www.doe.virginia.gov/boe/meetings/2016/11-nov/agenda-items/item-f.pdf.

Revised Corrective Action Plan Required by the Division-Level Review for the Petersburg City Public Schools

The Board approved the Revised Corrective Action Plan required by the Division-Level Review for the Petersburg City Public Schools.  The revised corrective action plan details the essential actions that Petersburg City must implement during the 2016-2017 school year and beyond to support improvement in the academic performance of its students as well as evidence that will be used to evaluate progress in implementing the essential actions.  The superintendent of Petersburg City Public Schools will meet with the Director of the Department’s Office of School Improvement quarterly or more frequently to discuss progress in implementing the Corrective Action Plan and to determine required next steps.

Request for Division-Level Review for Richmond City Public Schools

The Board approved the request for a division-level review for Richmond City Public Schools. Results of the review will be used to develop a division-level Memorandum of Understanding (MOU) and Corrective Action Plan which will support improvement in the academic performance of students in Richmond City Public Schools. It is anticipated that the MOU and Corrective Action Plan will come before the Board by June 22, 2017.

The Board of Education’s 2016 Annual Report on the Condition and Needs of Public Schools in Virginia

The Board approved the Board of Education’s 2016 Annual Report on the Condition and Needs of Public Schools in Virginia.  The report identifies four key priorities:

• The Board believes in redesigning the public school experience to better prepare students for life after high school by ensuring that all students, during their k-12 experience, achieve and apply appropriate academic knowledge, demonstrate productive workplace skills, exhibit responsible and responsive citizenship, and align knowledge, skills, and interests with career opportunities.
• The Board believes that to provide a statewide quality system of public education, our teachers and school leaders must be supported to a higher degree.
• The Board believes in an accountability system that provides tiered interventions based on need, encourages continuous improvement for all schools, and measures and reports multiple indicators of school quality.
• The Board believes that equity in our schools is essential to provide the highest quality education to each and every student in the Commonwealth. In particular, greater attention and support must be provided to communities with high poverty where achievement and opportunity gaps persist.

The report also summarizes key actions by the Board to advance these outcomes, and provides recommendations for more resources, both fiscal and human, and collaboration amongst governing bodies in education. 

Since the Board’s first review September 22, 2016, the following changes have been made:

• Language in the Executive Summary and Board Priorities’ section was revised to align with the Board president’s letter to the General Assembly and Governor articulating the Board’s priorities.
• Demographic data was updated to include a ten-year lookback.
• Accreditation status for 2016-2017 was updated as the data was not available in September.
• Graduation and dropout data was updated as the data was not available in September.
• Education funding as compared to other states was added.
• Language was added to priority one (redesign of school) to emphasize that revisions will be ongoing, and are contingent on additional resources and professional development.
• Data on the school leader pipeline was added to priority two (teacher and school leader support).
• Language was clarified in priority two regarding professional development needed.
• Recommended revisions to the SOQ were added after being approved by the Board in October.
• SOQ compliance data (Appendix A-C) was added as it was not available in September.
• Information on high school innovation grants was added to Appendix E. Charter School Report and Information on Parent and Student Options
• The following appendices were added as required by the Code:
  • Analysis of School Division Reporting Requirements in Response to House Bills 196 and 521 (2016)
  • Status Report Regarding Multi-division Online Learning
  • Virtual Virginia Brief
  • Virginia Learning Workgroup

The complete report can be found at:   http://www.doe.virginia.gov/boe/meetings/2016/11-nov/agenda-items/item-i.pdf.

Progress Report on the Development of the Profile of a Virginia Graduate

The Board approved the Progress Report on the Development of the Profile of a Virginia Graduate, as required by SB 336 and HB 895 (2016). 

The “Profile” is comprised of four domains: 

• academic content knowledge and application;
• workplace skills;
• community engagement and understanding of civic responsibility and governmental structure;
• career exploration aligned with personal skills, knowledge and interests. 

The Profile is the framework and basis for the Board’s revision of graduation requirements that will go into effect for freshmen entering high schools in the fall of 2018-1019 school year, or the graduating class of 2022.

Since the October 27th meeting, the following additions were made to the report:

• Clarification of the results of proposal reviews during the May 25, 2016 work session.
• Conveyed the Board’s intent that implementation of the Profile of a Virginia Graduate be achieved on a continuum basis, to allow for:
  1. flexibility;
  2. professional development and technical support for school personnel, such as that supporting instruction and student evaluation aligned to local performance assessments;
  3. opportunities for further consideration of areas of interest and concern; and
  4. allocation of resources. 

Expectations associated with the Profile and revised graduation requirements pertinent to the redesign of high school are reflected in proposed amendments to the Standards of Accreditation that were presented to the Board in September 2016, will be subject to second review in November 2016, and considered for final approval by the first part of 2017.

A Board report will be submitted to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than December 1, 2016 on the status of the implementation of the Profile of a Virginia Graduate and the redesign of high school.

Additional information regarding the “Profile” can be found at:  http://www.doe.virginia.gov/boe/meetings/2016/11-nov/agenda-items/item-j.pdf.

Proposed Amendments to the Regulations Establishing the Standards for Accrediting Public Schools in Virginia, Parts I-VII (8VAC 20-131) (Proposed Stage)

The Board received for second review the proposed revisions to the Regulations Establishing Standards for Accrediting Public Schools in Virginia, Parts I-VII.   Revisions proposed since the Board’s first review at its September 22, 2016 meeting were discussed in depth at the Board’s Accountability Committee meeting (see above) and can be found at:  http://www.doe.virginia.gov/boe/meetings/2016/11-nov/agenda-items/item-k.pdf.

The proposed revisions to Parts I-VII of the regulations will be presented for final review at the January 26, 2017 meeting.

Memoranda of Understanding as Required of Schools in Accreditation Denied Status for Fourteen School Divisions

The Board waived first review and approved the Memoranda of Understanding as required of schools in Accreditation Denied Status for a number of individual schools in the following fourteen school divisions:  Bedford County, Chesapeake City, Danville City, Greensville County, Henrico County, Hopewell City, Lancaster County, Madison County, Norfolk City, Portsmouth City, Richmond City, Suffolk City, Waynesboro City, and Westmoreland County.

Per the Memoranda of Understanding, school divisions and schools agree to comply with all requirements included in the Regulations Establishing Standards for Accrediting Public Schools in Virginia (SOA). Each Memorandum of Understanding outlines responsibilities of the Virginia Board of Education, the Virginia Department of Education, local school boards, school divisions, and schools in Accreditation Denied status.

Proposed Amendments to the Regulations Governing Local School Boards and School Divisions (8VAC 20-720) Regarding Use of Sexually Explicit Instructional Materials (Proposed Stage)

The Board received for first review the proposed amendments to the Regulations Governing Local School Boards and School Divisions regarding notice and options for parents regarding sexually explicit instructional materials.  The Committee on School and Division Accountability at its October 26, 2016 meeting, decided to include language referencing parental options regarding sexually explicit materials in the Regulations Governing Local School Boards and School Divisions, rather than in the Standards of Accreditation.

The following language changes to the current regulation regarding instructional materials were proposed for consideration (additions signified by underline, deletions by strikethrough):

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 or legal guardians to inspect review, upon request, any instructional materials used as part of the educational curriculum for students, and the procedure for granting a request by a parent or legal guardian 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, or sexually explicit, 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, including procedures that would provide non-explicit instructional material and related academic activities to any student whose parent or legal guardian so requests, as an alternative to instructional material and related academic activities that include sexually explicit content; and.

4. A requirement that each school shall provide an annual notice to the parent or legal guardian at the beginning of the school year, identifying any sexually explicit materials that may be included in any course, inclusive of the textbook, or in any supplemental materials.

Final review was requested for the Board’s January 26, 2017 meeting.

Reports

The Board received the following reports:

• Annual Report from the Virginia Council for Private Education; and
• Report on “How to Utilize the Virginia Quality School Profile.”  The design of this profile was approved in June and it was disseminated for public use during the month of October.