Final Text
CHAPTER 170
REGULATIONS GOVERNING INSTRUCTIONAL MATERIALS -- SELECTION AND UTILIZATION BY
LOCAL SCHOOL BOARDS (REPEALED)
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 (Repealed.)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.
CHAPTER 220
REGULATIONS GOVERNING TEXTBOOK ADOPTION STATE LEVEL (REPEALED)
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 (Repealed.)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. 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. 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. 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. 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. 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. 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.
CHAPTER 230
REGULATIONS GOVERNING TEXTBOOK ADOPTION LOCAL LEVEL (REPEALED)
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. 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. 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. 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.
CHAPTER 270
REGULATIONS GOVERNING TEXTBOOK FUND MANAGEMENT AND HANDLING ON LOCAL LEVEL (REPEALED)
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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. Retail sales of textbooks to be for cash.
(Repealed.)
Textbooks shall be sold at retail for cash only.
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.
CHAPTER 720
REGULATIONS GOVERNING LOCAL SCHOOL BOARDS AND SCHOOL DIVISIONS
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 through 8VAC20-720-150. (Reserved.)
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. 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 of [ an ] evaluation
[ committee 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 observations [ shall be taken and adequate time for
such consideration shall be allowed ].
[ 3. Use of selection 5. Selection ]
criteria [ that 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 textbook [ was
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.