Action:
Repeal and Amend Regulations Following Periodic Review
Action 6869
General Information
| Action Summary |
This regulatory action, which follows a Periodic Review, intends to repeal the Regulations for the School Breakfast Program (8VAC20-580), amend the Regulations Governing Local School Boards and School Divisions (8VAC20-720), and amend the Regulations Governing Nutritional Standards for Competitive Foods Available for Sale in the Public Schools. The underlying statutory requirements of Chapter 580 will be retained by amending Chapter 720. Chapter 580 was promulgated in 1994, and the statutory environment in which it originally grew has changed.
The underlying regulatory requirement of Chapter 580 will be retained under Chapter 720 to provide guidance to school nutrition directors. Chapter 580 has a few relevant regulatory requirements—namely the criteria for eligibility and exemptions; a reporting system for the compilation and analysis of information concerning the number and socioeconomic characteristics of participating school-age children; standards for food services; program evaluation; the investigation of complaints; an appeals process; notification of parents and guardians of the availability of the school breakfast program; and provision to teachers, children, and their parents or guardians of nutrition information describing the relationship between good nutrition, learning, and health--that should be updated and retained under Chapter 720. By retaining the remaining regulatory provisions in the new section 230 of Chapter 720, the regulations will continue to provide guidance that is referenced by the state agency to ensure that the school nutrition programs are compliant with state and federal regulations. Retaining the underlying statutory requirements in Chapter 720 is necessary as school nutrition directors often ask if there are regulations that provide time requirements for school breakfast programs, as these requirements are detailed in state statute but not in the federal regulations. Additionally, the underlying regulation that will be retained will prevent competition with school breakfast programs.
Chapter 740 will be amended to update the citations from the repealed Chapter 280, and Chapter 580 to the new 8VAC20-720-60.
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| Chapters Affected |
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VAC |
Chapter Name |
Action Type |
| Primary |
8 VAC 20-580 |
Regulations for the School Breakfast Program |
Repeal Entire Regulation
|
| Other chapters |
| |
8 VAC 20 - 720 |
Regulations Governing Local School Boards and School Divisions |
Amend Existing Regulation
|
| |
8 VAC 20 - 740 |
Regulations Governing Nutritional Guidelines for Competitive Foods Sold in Virginia Public Schools |
Amend Existing Regulation
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| Executive Branch Review |
This action will go through the normal Executive Branch Review process.
|
| RIS Project |
Yes [8340] |
| Result of Prior Periodic Review Filed |
10/30/2024
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| New Periodic Review |
This action will not be used to conduct a new periodic review.
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Stages
Stages associated with this regulatory action.
| Stage ID |
Stage Type |
Status |
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10944
|
Fast-Track
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Submitted to the Registrar and awaiting publication (12/15/2025). |
Contact Information
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Name / Title:
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Jim Chapman
/
Director of Board Relations
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Address:
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James Monroe Bldg.
101 N. 14th St., 25th Floor
Richmond, VA 23219
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Email Address:
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jim.chapman@doe.virginia.gov
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Phone:
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(804)750-8750
FAX: ()-
TDD: ()-
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This person is the primary contact for this agency.
