HB724 • 2026

Public elementary school students; DOE to study criteria used to determine retention of students.

<p class=ldtitle>A BILL to direct the Department of Education to study criteria used in public elementary schools to determine retention of students.</p>

Education

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Leftwich
Last action: 2026-02-18
Official status: Failed
Effective date: Not listed

Plain English Breakdown

The bill does not specify how much input from educators, parents, or students will be included in the final recommendations.

Study on Student Retention Criteria in Public Elementary Schools

This bill requires the Department of Education to study criteria used by public elementary schools to decide whether students should be held back a grade and submit a report with recommendations.

What This Bill Does

The Department of Education must look at how public elementary schools decide if students need to repeat a grade.
The study will include looking at rules made by the Board of Education, local school boards, and individual schools about student retention criteria.
The department needs to consider other factors like overall academic performance, teacher recommendations, attendance, and emotional well-being when making decisions on whether to hold students back.
The Department must also think about ways to expand or change these criteria for better decision-making.

Who It Names or Affects

Public elementary schools in Virginia
Students who might be held back a grade

Terms To Know

retention of students: When a student is required to repeat the same grade level because they did not meet certain academic or behavioral standards.
Department of Education (DOE): The government agency responsible for overseeing and regulating education in Virginia.

Limits and Unknowns

The bill does not specify what changes might be recommended, only that the Department must study and report on criteria used to determine student retention.
It is unclear how much input from educators, parents, or students will be included in the final recommendations.

Bill History

2026-02-18 House
Left in Committee Rules
2026-01-23 Studies Subcommittee
Subcommittee recommends laying on the table (4-Y 1-N)
2026-01-22 Studies Subcommittee
Assigned HRUL sub: Studies Subcommittee
2026-01-13 House
Prefiled and ordered printed; Offered 01-14-2026 26102292D
2026-01-13 Rules
Referred to Committee on Rules

Official Summary Text

Study; Department of Education; public elementary school students; retention criteria; report.
Directs the Department of Education (the Department) to study criteria used in public elementary schools to determine retention of students. Additionally, the bill directs the Department to evaluate the feasibility of expanding the criteria used in retention decisions. Finally, the bill requires the Department to submit a report of its findings and any recommendations to amend or expand criteria used to determine retention to the Chairs of the House Committee on Education and the Senate Committee on Education and Health no later than the first day of the 2027 Regular Session of the General Assembly.

Current Bill Text

Read the full stored bill text

A BILL to direct the Department of Education to study criteria used in public elementary schools to determine retention of students.

Be it enacted by the General Assembly of Virginia:

1.
§ 1.
The Department of Education
(the Department)
shall
conduct a
study
on
the criteria used by
public
elementary
school educators
to
determine
retention of students in grade.

In conducting the study, the Department shall evaluate
any regulations
promulgated
or policies
adopted by the Board of Education (the Board), local school board policies,

and
policies of individual public elementary schools

that provide for
the criteria u
sed
to determ
ine
retention
, and any assessments required by the Code of Virginia or by
the Board
, where the scores or results of such assessment may contribute to the decision to retain a student in grade
.
The Department shall identify any other additional criteria used by educators to evaluate students for promotion or retention, including
overall academic performance in core subjects, teacher recommendations, student attend
ance, and socio-emotional factors, and evaluate the
overall
weight given to and
impact of those
factors on retention decisions. The Department shall consider
the fea
sibility of
expanding the criteria
used to
determine
retenti
on of an elementary school student
,
when
the

standardized assessment scores would
indicate
such
student should be retained,

such as
(i)
re
quiring documentation of multiple attempts by the student's classroom teacher, or other assigned educator
or staff, to implement support measure
s and interventions to include specialized instruction, small group tutoring, differentiated instruc
tion strategies, or other support programs to address individual learning needs
;
(ii)
requiring
at least three of the following criteria to be met
: (a)
the student performs below

average
on
the Virginia Language and Literacy Screen
er
, (b) the student performs below average on the
Phono
logical Awareness Literacy Screening, (c)
the student's academic performance is such that more than half of the grad
ed
assignments in at least two core subjects
receive

a grade of
"D" or "F" or
are marked as "needs improvement" or "unsatisfactory
,
"
and
(d)
documented support measures and interventions
to improve academic progress
over a significant
tim
e period
within the school year result in no
meaningful or substantial improvement or progress
;
and
(iii)
seeking
and considering
input from
educators, intervention specialists, and caregivers and
demonstrating a comprehensive unde
rstanding of

the student's cognitive and learning profile
beyond standardized assessment scores prior to
determining that such student should be retained in grade
. The Department shall complete the study and submit its findings and
any
recommendations
to amend or expand criteria
used to determine retention

in a report to the
C
ha
ir
s
of the House Committee on Education and the Senate Committee on Education and Health no later than the first day of the
2027
Regular Session of the General Assembly.