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Section 22.1-16.1 of the Code of Virginia requires the Virginia Board of Education (“Board”) “to promulgate regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.) to effectuate the provisions of Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 for human research, as defined in § 32.1-162.16, to be conducted or authorized by the Department of Education [“VDOE”] or any public schools including the Virginia Schools for the Deaf and the Blind or any proprietary schools certified by the Board.” Section 22.1-16.1 is currently implemented through the Regulations for the Protection of Students as Participants in Human Research (“the Regulations”; 8VAC20-565-10 et seq.). However, the Regulations do not contain sufficient detail to adequately implement the statutory requirement. The current action will amend the Regulations in order to provide more details for effectuating the requirements of Chapter 5.1 of Title 32.1 of the Code of Virginia.
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