Agencies | Governor
Virginia Regulatory Town Hall
Department of Education
State Board of Education
Regulations Governing Driver Education
Time Waiver Request
CH 60 and CH 340: Repeal chapter 60; amend CH 340 to add driver education requirements

Since more than 180 days have passed since the end of the Proposed stage, a Time Frame Waiver must be granted by the Governor's office.

This waiver was requested on 7/21/2014

Agency Reason: On behalf of the Board of Education, the Department of Education submits the following request to waive the 180 day requirement to submit final stage regulations following the close of the proposed stage public comment period. A public comment period ended August 2, 2013 on the proposed stage amendments to the Regulations Governing Driver Education and the repeal of the Regulations Governing the Approval of Correspondence Courses for Home Instruction. The final stage were due to DPB by January 29, 2014 The Board received no public comment on the proposed regulations, and there were no changes to the final stage. The Board of Education approved the final stage of this regulatory action – exactly the same as the proposed stage - at its meeting October 24, 2013, and submitted the action to the Office of the Attorney General for certification. However, when the Attorney General’s Office conducted its review of the final regulations, it advised staff that the Board would need to make a number of changes regarding due process if a correspondence school’s application is denied or if the approval is revoked for good cause. The Attorney General’s Office had reviewed the regulations at the proposed stage and had made no recommendations for changes. The regulations were returned to the Department February 28, 2014. Department staff worked with the Attorney General’s Office to revise language in the regulations regarding due process. Revised language was proposed to the Board May 22, 2014, and the department held a 30 day public comment period given the nature of the changes. No comments were received. The Board of Education is expected to approve a revised final stage at its meeting July 24, 2014, and the regulations will be resubmitted to the Office of the Attorney General.

The request was removed from the Gov’s pending list and information about missed time frame deadline will now be included in the agency’s annual report about such events

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