The Board of Education is in the final stage of amending the Regulations Governing Driver Education and repealing the Regulations Governing the Approval of Correspondence Courses for Home Instruction.

The 2008 General Assembly adopted amendments that eliminated the requirement for the Superintendent of Public Instruction to approve correspondence courses for parents who homeschool their children.  However, the Code still requires that the Board of Education approve driver education correspondence courses for parents who homeschool their children.  As a result of this action by the General Assembly, the Regulations Governing the Approval of Correspondence Courses for Home Instruction are no longer necessary, and the Board proposed to move provisions about driver education correspondence courses to the Regulations Governing Driver Education.  The Board received no public comment on the proposed regulatory action.

However, during the executive review process, the Board was advised that changes were needed regarding due process if a correspondence school’s application is denied or if the approval is revoked for good cause.  The proposed amendments make changes to the due process provisions. Instead of a fact-finding conference and a hearing before a hearing officer, the amendments would provide for the Board of Education to review and reconsider the decision.  To view the proposed amendments, please see http://www.doe.virginia.gov/boe/meetings/2014/05_may/agenda_items/item_h.pdf.

As the proposed changes are substantive, public comment is being sought through June 30, 2014.  The Board plans to take final action of the regulatory action at its July 24, 2014, meeting.  If you have questions about this regulatory action please contact the Department of Education’s policy office at policy@doe.virginia.gov or 804-225-2403.  Comments may be submitted to policy@doe.virginia.gov or Virginia Board of Education, PO Box 2120, Richmond, VA 23218.