Vol. 39 Iss. 21 - June 05, 2023

Chapter 23

Title of Regulation: 8VAC20-23. Licensure Regulations for School Personnel (adding 8VAC20-23-51).

Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.

Effective Dates: May 19, 2023, through November 18, 2024.

Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225-2540, or email


Section 2.2-4011 A of the Code of Virginia states that regulations that an agency finds are necessitated by an emergency situation may be adopted upon consultation with the Attorney General, which approval shall be granted only after the agency has submitted a request stating in writing the nature of the emergency, and the necessity for such action shall be at the sole discretion of the Governor.

The Commonwealth is facing a crisis of 15,500 teachers and school personnel whose licenses are set to expire on June 30, 2023. Due to license processing delays with Teacher Education and Licensure (TEAL), these applications may not be processed in a timely manner. This leaves thousands of teachers and school personnel who may not be able to practice their professions; school divisions across the Commonwealth without adequate staffing; and ultimately children who could be left without adequate instruction or guidance for the 2023–2024 school year. The primary issue is that TEAL is currently unable to process the current number of renewals, which jeopardizes the licenses of teachers and school personnel across the Commonwealth. Student scores on the Standards of Learning and other national assessments, such as the National Assessment of Educational Progress (NAEP), show that student academic progress has suffered significantly over the past few years. Students cannot be subjected to further hindrances or interruptions to their education.

On May 11, 2023, at an emergency meeting, the State Board of Education adopted the emergency action, which extends until June 30, 2024, any renewable license identified in 8VAC20-23-50 that is held by a person as of May 11, 2023, and set to expire on June 30, 2023.

8VAC20-23-51. Extension of renewable licenses until June 30, 2024.

A. Every renewable license identified in 8VAC20-23-50 that is (i) held by any person as of May 11, 2023, and (ii) set to expire on June 30, 2023, shall continue in effect until June 30, 2024, or until final administrative action is taken by the State Board of Education (board), or the State Superintendent of Public Instruction (superintendent) acting under authorization from the board, whichever first occurs. Any such final administrative action to grant the renewal shall be deemed to take effect on July 1, 2023.

B. Before final administrative action on an application, the superintendent shall be permitted to offer applicants covered under this section until June 30, 2024, the opportunity to complete any educational or training elements necessary for the license being sought.

C. This extension shall not prolong any license beyond any maximum period authorized by statute.

D. Nothing in this section shall affect the authority of the board to deny, revoke, cancel, or suspend such license in accordance with this chapter or other provision of law.

VA.R. Doc. No. R23-7566; Filed May 17, 2023