Agencies | Governor
Virginia Regulatory Town Hall

Final Text

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Action:
Incorporate textbook provisions into consolidated regulations
Stage: Final
8VAC20-170

CHAPTER 170
REGULATIONS GOVERNING INSTRUCTIONAL MATERIALS -- SELECTION AND UTILIZATION BY LOCAL SCHOOL BOARDS (REPEALED)

8VAC20-170-10

8VAC20-170-10. Responsibility - local school boards. (Repealed.)

The Board of Education places with local school boards the responsibility for the selection, approval, and utilization of instructional materials.

In the selection of instructional materials, the local school board is responsible for the following:

1. Developing local criteria for selection (the Board of Education will assist by publishing guidelines for the development of criteria);

2. Approving materials which are consistent with instructional goals and objectives;

3. Appointing a division evaluation committee which should include, when appropriate, parents, students, teachers, supervisors, and nonparent patrons;

4. Providing for the examination of materials by appropriate committees and individuals (local boards may choose to exempt certain types of materials from the formal evaluation process - maps, charts, games, etc.);

5. Providing notice to parents that books and materials under consideration for approval will be available at designated locations for review by any interested citizens. Provisions should be made for those reviewing such materials to present their comments and observations, if any, to the school board through locally approved procedures. Those actions should be taken which are necessary to assure appropriate consideration of such citizen observations and adequate time for such consideration should be allowed. Such actions might include (i) opportunity to meet with the board, or (ii) opportunity to meet with board-appointed professional committees assigned responsibility for making recommendations to the board;

6. Requesting special assistance in the evaluation of proposed materials, if desired, from the Department of Education;

7. Establishing procedures for the reconsideration of challenged materials;

8. Placing special emphasis on the thorough evaluation of materials related to controversial or sensitive topics such as sex education, moral education, and religion;

9. Including in the curriculum and schedule options for students whose parents choose to withdraw them from class for the duration of the treatment of a sensitive or controversial topic. Parents should be required to justify their requests.

8VAC20-220

CHAPTER 220
REGULATIONS GOVERNING TEXTBOOK ADOPTION STATE LEVEL (REPEALED)

8VAC20-220-10

8VAC20-220-10. Adoption period established. (Repealed.)

Textbooks shall be adopted for a six-year period, according to a schedule to be determined by the Department of Education and approved by the Board of Education in the following areas:

1. Elementary:

a. Language and grammar;

b. Social studies;

c. Mathematics;

d. Health;

e. Dictionaries;

f. Science;

g. Reading;

h. Spelling; and

i. Handwriting.

2. Secondary:

a. Literature;

b. Speech;

c. Drama;

d. Journalism;

e. English, grammar, and composition;

f. Physical science;

g. Earth-space science;

h. Biology;

i. Chemistry;

j. Physics;

k. World history;

l. United States history;

m. United States government;

n. Economics;

o. Mathematics;

p. Health;

q. Dictionaries;

r. Sociology;

s. Geography; and

t. Foreign Languages.

8VAC20-220-20

8VAC20-220-20. Deletion from approved lists within adoption period; extension of contracts for adopted books. (Repealed.)

An adopted book may be deleted from the approved list within the six-year period in accordance with statutory provisions; and contracts for certain books currently adopted as well as those which may be adopted from such areas as writing, spelling, and literature (anthologies) may be extended up to four years in accordance with statutory provisions.

8VAC20-220-30

8VAC20-220-30. Types of materials adopted. (Repealed.)

Only those materials which are designed to provide basic support for the instructional program of a particular content area at an appropriate level will be adopted.

8VAC20-220-40

8VAC20-220-40. Wholesale prices. (Repealed.)

Contracts with the publishers shall be made for all textbooks at the wholesale prices free on board publishers' nearest shipping point.

8VAC20-220-50

8VAC20-220-50. Allowance for delivery costs. (Repealed.)

A percentage determined by the Board of Education will be added to the wholesale prices of textbooks, free on board publishers' nearest shipping point, to cover the cost of delivering the books to division school boards in Virginia.

8VAC20-220-60

8VAC20-220-60. Maximum retail prices. (Repealed.)

A percentage, in addition to that mentioned above, shall be added to establish the maximum retail prices of textbooks.

8VAC20-220-70

8VAC20-220-70. Price adjustment requests. (Repealed.)

At the time of adoption (December of even years), the Board of Education also will consider requests from publishers for adjustments in contract prices for materials already under contract but not involved in the current adoption.

8VAC20-230

CHAPTER 230
REGULATIONS GOVERNING TEXTBOOK ADOPTION LOCAL LEVEL (REPEALED)

8VAC20-230-10

8VAC20-230-10. Authority. (Repealed.)

The Constitution of Virginia gives the Board of Education authority to adopt textbooks for use in the public schools of Virginia. To fulfill its duty, the Board adopts a multiple list of textbooks in each grade and subject in which basal adoptions are made. In turn, local school boards select materials to meet local needs from this multiple listing. In addition, the Code of Virginia provides that any local school board may use textbooks not approved by the board, provided the school board selects such books in accordance with regulations promulgated by the Board of Education.

8VAC20-230-20

8VAC20-230-20. Local adoptions of state-adopted texts. (Repealed.)

Following the announcement of adoptions, the Board of Education authorizes a period of five to seven months in which localities may examine and select materials from the list chosen by the board. Such local adoptions are reported to the Department of Education on forms provided by the department.

8VAC20-230-30

8VAC20-230-30. Local adoptions of nonstate adopted material. (Repealed.)

The Board of Education has set forth the following regulations for the selection of textbooks not on the state-adopted list:

1. An evaluation committee shall be appointed by the school board to review and evaluate textbooks in one or more of the subject areas for which adoptions are effective beginning July 1 of odd-numbered years.

2. The evaluation committee shall be representative of the supervisory staff of the central office, elementary or secondary school administrators or both, and classroom teachers of the subject fields in which adoptions are to be made, and shall be nondiscriminatory with respect to sex and race.

3. Before recommending a textbook not on the state-adopted list, the committee shall first have examined and evaluated the appropriate textbooks on the state-adopted list.

4. The evaluation committee shall submit in writing its recommendations and supporting data via the division superintendent to the school board for action in sufficient time for the adoptions by the local school boards to be effective July 1 of odd- numbered years.

5. Criteria to be used by the evaluation committee in the review and assessment of textbooks must have the official approval of the local school board. The criteria, as approved, shall be on file in the office of the local school board.

6. The division superintendent shall certify to the Superintendent of Public Instruction or his representative, on forms prescribed by the Department of Education, a list of all books adopted by the local school board and state that such books have been adopted in full compliance with this chapter and that information as to prices paid for such books is available upon request.

7. Evidence shall be on file in the office of the local school board that the price charged for any textbook adopted under this chapter is not in excess of that charged elsewhere in the United States.

8VAC20-230-40

8VAC20-230-40. Local adoptions for materials for subject areas not included in basal adoptions. (Repealed.)

For use in vocational classes and for other subject areas in which no material is adopted, localities may select textbooks from lists of recommended texts furnished by the Department of Education.

8VAC20-270

CHAPTER 270
REGULATIONS GOVERNING TEXTBOOK FUND MANAGEMENT AND HANDLING ON LOCAL LEVEL (REPEALED)

8VAC20-270-10

8VAC20-270-10. General. (Repealed.)

Although most school systems distribute textbooks to students on a free or rental basis, some systems still use retail sales to students. In the following sections, references to "retail sales" or "unsold textbooks on hand" refer to this type of distribution. Books are secured from publishers on a consignment basis and payment is made quarterly as the books are sold. Books not sold may be held until the end of an adoption period and returned to the publisher for credit.

Only those textbooks selected by school divisions from the list of state-adopted texts are subject to the prices and regulations set forth in contracts between the publishers having books on the adopted list and the Virginia Board of Education.

8VAC20-270-20

8VAC20-270-20. Establishment and designation of special fund; establishment of special bank account. (Repealed.)

A separate fund shall be established by the school board and the chief fiscal officer of the county, city, or town (of which the school board is a part), to which shall be credited all proceeds received from the sale of textbooks in the local school system. This special fund shall be designated:

County, City, or Town of..........

School Textbook Fund

The chief fiscal officer is requested to establish a special bank account titled as follows:

County, City, or Town of..........

School Textbook Fund

By..........

(Treasurer/Director of Finance or such title as he may have.)

8VAC20-270-30

8VAC20-270-30. Textbook sales, receipts, and disbursements; bonds for clerk and other personnel handling funds. (Repealed.)

The school board shall designate the clerk of the school board, who shall be bonded as provided by law, to handle the sale of textbooks. Additional personnel employed to assist the clerk in handling textbook funds shall be covered by a fidelity and faithful performance bond, a copy of which shall be filed in the school board office.

The local school board shall require the clerk to deposit intact, with the treasurer or the director of finance or in any bank designated by the chief fiscal officer, all moneys received from the sale of textbooks; and the treasurer or the director of finance, in turn, will deposit these sums to the credit of the special bank account aforementioned. When ordering payments to publishers, or the payment of any expense from the proceeds of the sale of textbooks, the county, city, or town school board shall issue its warrant made payable to the publisher, agency, or individual to whom the payment is being made; this warrant shall be signed by the chairman of the school board and countersigned by the clerk of that board.

In each instance, each warrant shall indicate that it is payable from the school textbook fund as set forth above. All expenditures shall be approved and a warrant in payment thereof authorized by the school board in accordance with the procedure for the expenditure of regular school funds. The procedure to be followed for the disbursement of funds credited to the school textbook fund in cities shall conform to the procedure in effect for the disbursements of school funds; the only distinction being that the school board and the chief fiscal officer shall maintain a separate fund and separate bank account for the receipts and disbursements incident to the handling of textbooks.

8VAC20-270-40

8VAC20-270-40. Accounting and records; verification of book shipments received. (Repealed.)

The school board shall require the clerk of the board to maintain a record of receipts and disbursements of the textbook fund and to reconcile the balance in this fund each month with the chief fiscal officer of the county, city or town. It shall also require the maintenance of a ledger account with each publisher to which will be credited the value of books received for sale and to which will be charged all payments made to the publisher on account and all transactions for exchanged and returned books. This account shall be reconciled with the reports of unsold books on hand. The invoices received from the publishers for books shipped to the school board shall be filed in separate folders by the names of publishers. Each shipment of books received shall be verified by actual count and the date and quantity of books received should be written on the invoice opposite each title and signed by the person making the count.

8VAC20-270-50

8VAC20-270-50. School systems having free or rental textbook systems and also selling textbooks. (Repealed.)

In counties, cities, and towns where free or rental textbook systems are in operation in some schools and textbooks are sold to pupils in other school systems, all textbooks purchased from the publishers should be handled through the textbook fund. Books which are used for that portion of the school system from which rental or free textbooks are furnished should be purchased from the textbook fund and be paid for with a warrant drawn on the regular school operating fund or the school textbook rental fund.

8VAC20-270-60

8VAC20-270-60. Transfers between school operating fund and textbook fund. (Repealed.)

If the school board makes an appropriation for the operation of the school textbook fund, a warrant should be drawn on the regular school operating fund and deposited to the credit of the school textbook fund. If the school board authorizes the use of surplus school textbook funds for general school operation, a warrant should be drawn on the textbook fund and credited to the regular school operating fund.

8VAC20-270-70

8VAC20-270-70. Reports and payments to publishers; unsold textbooks on hand as of June 30. (Repealed.)

Copies of reports to publishers listing all new unsold textbooks on hand and showing balances due for all books sold as of October 15, January 15, March 31, and June 30 shall be kept by the school board. The school board shall forward the original of each periodic report, together with its remittance, directly to the publishers on the dates designated. Each report to the publisher certifying unsold textbooks on hand as of the date of the report shall be certified by the persons responsible for the handling of the textbooks and the superintendent, or some person designated by the superintendent, who shall verify the accuracy of the report by an actual count of the books on hand. Unsold textbooks on hand as of June 30 of each year shall be listed on the Virginia textbook requisition (elementary and high) for the current year.

8VAC20-270-80

8VAC20-270-80. Books for resale to be segregated from those owned by the school board. (Repealed.)

Books received from the publishers for resale shall be segregated and maintained under a separate inventory control from books which are owned outright by the school board and used in a rental or a free- textbook system.

8VAC20-270-90

8VAC20-270-90. Responsibility for books placed in specific schools. (Repealed.)

Where the school board finds it necessary to place books in a school for resale to pupils, the principal of the school (or other person approved by the school board) shall be required to sign a receipt listing the titles and retail sale prices of all books placed in his or her custody; the individual shall be responsible for the total value of books received and be required to account to the school board not less than quarterly in money and value of books returned equal to the total value of books receipted for by him.

8VAC20-270-100

8VAC20-270-100. Audits; preservation of records. (Repealed.)

The school textbook fund shall be audited annually on order of the school board or by the governing board as a part of the overall county, city, or town audit. A copy of the audit report shall be furnished to the Board of Education. The records required by this chapter shall be preserved in the same manner as other public records.

8VAC20-270-110

8VAC20-270-110. Fire insurance on textbooks in stock. (Repealed.)

The entire stock of textbooks shall be adequately covered by fire insurance and any loss shall be payable to the school board. A copy of the policy shall be filed with the school board and satisfactory proof of coverage submitted to the Board of Education.

8VAC20-270-120

8VAC20-270-120. Retail sales of textbooks to be for cash. (Repealed.)

Textbooks shall be sold at retail for cash only.

8VAC20-270-130

8VAC20-270-130. Issuance of warrants between board meetings. (Repealed.)

The school board may provide, by resolution, for the issuance of warrants drawn on the textbook fund in payment of amounts due publishers and for freight, or drayage falling due between meeting of the board. All such warrants shall be signed by the chairman and countersigned by the clerk of the school board and presented to the school board for approval at the next meeting following the issuance of such warrants.

8VAC20-720

CHAPTER 720
REGULATIONS GOVERNING LOCAL SCHOOL BOARDS AND SCHOOL DIVISIONS

8VAC20-720-10

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: ]

"Textbooks" means print or electronic media for students use that serve as the primary curriculum basis for grade-level subject or course.

8VAC20-720-20

8VAC20-720-20 through 8VAC20-720-150. (Reserved.)

8VAC20-720-160

8VAC20-720-160. Instructional materials.

A. Local school boards shall be responsible for the selection, approval, ] 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.Instituting a policy regarding the 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 § [ 123h 1232H ], and its implementing regulation, 34 CFR Part 9;

2. Establishing procedures for the reconsideration of challenged materials;

3. Placing special emphasis on the thorough evaluation of materials related to controversial or sensitive topics such as sex education, moral education, and religion; and

4. Including in the curriculum and scheduling options for students whose parents choose to withdraw them from class for the duration of the treatment of a sensitive or controversial topic. Parents should be required to justify their requests.

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. ]

8VAC20-720-170

8VAC20-720-170. Textbooks.

A. Textbook approval.

1. The 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 board 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 board provided the school board selects such books in accordance with this chapter.

4. Contracts and purchase orders with publishers of textbooks approved by the board for use in grades 6-12 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 school board shall have the authority to purchase an assortment of textbooks in any of the three forms listed in this subdivision. ]

B. 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 ofan ] evaluationcommittee committees ] by the local school board to review and evaluate textbooks in [ one or more 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.

Provisions shall be made 3. Opportunities ] for those reviewing such textbooks to present their comments and observations, if any, to the school board through locally approved procedures. 

Actions that are necessary to assure 4. Procedures to ensure ] appropriate consideration of citizen comments and observationsshall be taken and adequate time for such consideration shall be allowed ].

3. Use of selection 5. Selection ] criteriathat has been approved by the local school board ].

C. Purchasing Board of Education approved textbooks.

1. Local school divisions shall purchase textbooks approved by the 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 comments or purchase orders shall be exempt from the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia)and from any local adopted regulations or procedures ].

D. Purchasing non-Board of Education approved textbooks.Local school divisions shall purchase non-Board of Education approved textbooks by either entering into written contracts or issuing purchase orders on an as-needed basis in accordance with locally adopted procurement procedures or regulations that contain requirements for competitive purchasing or the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). The purchase of textbooks other than those approved by the board is not exempt from the Virginia Public Procurement Act. ]

E.Distribution of textbooks. Each school board shall provide, free of charge, such textbooks required for courses of instruction for each child attending public schools.

F. ] 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 textbookwas not in excess of that charged elsewhere in the United States, ] 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.