TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Title of Regulation: 8VAC20-23. Licensure Regulations for School Personnel (amending 8VAC20-23-360).

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

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: February 28, 2024.

Effective Date: March 14, 2024.

Agency Contact: Maggie Clemmons, Director of Licensure and School Leadership, Department of Education, 101 North 14th Street, Richmond, VA 23219, telephone (804) 371-2471, or email maggie.clemmons@doe.virginia.gov.

Basis: The State Board of Education's overall regulatory authority is found in § 22.1-16 of the Code of Virginia, which authorizes the State Board of Education to adopt bylaws for its own government and promulgate such regulations as may be necessary to carry out its powers and duties and the provisions of Title 22.1 of the Code of Virginia. The board's regulatory authority over licensing requirements for school personnel is found in § 22.1-253.13:2 A of the Code of Virginia, which states that the board shall establish requirements for the licensing of teachers, principals, superintendents, and other professional personnel. Finally, § 22.1-298.1 B of the Code of Virginia requires the board shall prescribe by regulation the requirements for the licensure of teachers and other school personnel required to hold a license.

Purpose: The regulatory action is essential to protect the health, safety, and welfare of citizens because accurate endorsement requirements ensure that properly qualified individuals will be able to teach American Sign Language (ASL) in public schools. The goals of the regulatory action is to maintain accurate requirements for an endorsement in foreign language preK-12 in ASL. The problem that the regulatory action is intended to solve is that the current requirements do not accurately reflect the industry-standard national certifications in ASL.

Rationale for Using Fast-Track Rulemaking Process: This rulemaking is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because the board is not making discretionary changes. Rather, the board is seeking to update the current regulatory language in order to align with changes to the industry-standard national certifications.

Substance: The amendments to 8VAC20-23-360 provide the endorsement requirements for foreign language preK-12 in ASL. The regulation is not current as the national certifications prescribed have been changed by the issuing organizations. For instance, American Sign Language Teachers' Association (ASLTA) has changed the names and structure of their certifications, as has Registry Interpreters for the Deaf (RID). In addition, RID has also incorporated National Association of the Deaf (NAD) certifications because the NAD no longer issues certifications. These changes within the national organizations necessitate the amendments to the 8VAC20-23-360.

Issues: The primary advantage of the regulatory action is that the public is informed of the revised national certifications and that the Department of Education is still accepting these certifications for licensure purposes. There are no perceived disadvantages to the public, the agency, or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented below represents DPB's best estimate of these economic impacts.¹

Summary of the Proposed Amendments to Regulation. The Board of Education (board) proposes to amend the requirements for an endorsement in foreign language preK-12 in American Sign Language (ASL) in order to align the requirements with industry-standard national certifications in ASL.

Background. One of the methods to demonstrate competency in ASL in the current regulation is to: "(1) Hold a current, valid Provisional, Qualified, or Professional certification [issued] by the American Sign Language Teachers' Association [(ASLTA)]." The ASLTA formerly issued only Provisional, Qualified, or Professional certifications.² The ASLTA has changed the structure of its national certifications for ASL. The board proposes to strike the obsolete certification names and instead state that one of the methods to demonstrate competency is to "Hold a current, valid certification issued by the American Sign Language Teachers' Association."

Other methods to demonstrate competency in ASL in the current regulation are to:

(2) Hold one of the following current, valid national certificates in interpreting:

(a) Registry of Interpreters for Deaf certification in at least one of the following: Certificate of Interpretation (CI), Certificate of Deaf Interpretation (CDI), Reverse Skills Certification (RSC), or Comprehensive Skills Certificate (CSC);

(b) A current, valid National Association for the Deaf Level IV certification or higher; or

(c) A National Interpreter Certification (NIC);

CI, RSC, CSC, and NIC have all been discontinued.³ The National Association for the Deaf no longer issues certifications.⁴ Thus, the board proposes to amend this text to "(2) Hold a current, valid certification issued by the Registry of Interpreters for the Deaf "

Estimated Benefits and Costs. The proposed text reflects what is being accepted in practice for the endorsement in foreign language preK-12 in ASL.⁵ Thus the requirements in practice would not change, but the proposal would nevertheless be beneficial in that readers of the regulation would be better informed on these requirements.

Businesses and Other Entities Affected. The proposed amendments pertain to teachers seeking the endorsement in foreign language preK-12 in ASL. Over the last six years, the Department of Education has approved approximately eight ASL endorsements per year.⁶

The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁷ An adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined. As the proposal does not introduce costs or affect revenue, no adverse impact is indicated.

Small Businesses⁸ Affected:⁹ The proposed amendments do not adversely affect small businesses.

Localities¹⁰ Affected.¹¹ The proposed amendments do not disproportionately affect any particular localities and do not affect costs for local governments.

Projected Impact on Employment. The proposed amendments do not affect employment.

Effects on the Use and Value of Private Property. The proposed amendments do not affect the use and value of private property or real estate development costs.

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¹Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

²Source: Department of Education

³Source: Agency Background Document, page two: https://townhall.virginia.gov/L/GetFile.cfm?File=93\5922\9582\AgencyStatement_DOE_9582_v1.pdf

⁴Ibid

⁵Source: Department of Education

⁶Source: Agency Background Document, page six: https://townhall.virginia.gov/L/GetFile.cfm?File=93\5922\9582\AgencyStatement_DOE_9582_v1.pdf

⁷Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁸Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁹If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

¹⁰"Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

¹¹Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency's Response to Economic Impact Analysis: The State Board of Education concurs with the economic impact analysis completed by the Department of Planning and Budget.

Summary:

The amendments change the requirements for an endorsement in foreign language preK-12 in American Sign Language (ASL) to (i) align the requirements with industry-standard national certifications in ASL, (ii) conform with structure of national certifications for ASL, and (iii) accept all certifications issued by American Sign Language Teachers' Association.

8VAC20-23-360. Foreign language preK-12.

A. The specific language of the endorsement will be noted on the license.

B. Endorsement requirements for foreign language preK-12 - languages other than Latin and American Sign Language. The candidate shall have:

1. Earned a baccalaureate degree from a regionally accredited college or university and graduated from an approved teacher preparation program in a foreign language; or

2. Earned a baccalaureate degree from a regionally accredited college or university, and completed a major in the foreign language or 30 semester hours of coursework above the intermediate level in the foreign language distributed in the following areas:

a. Advanced grammar and composition;

b. Conversation, culture and civilization, and literature; and

c. In addition to the 30 semester hours, completed a minimum of 3 three semester hours of methods of teaching foreign languages at the elementary and secondary levels.

3. Endorsement in a second foreign language may be obtained by successfully completing 24 semester hours of coursework above the intermediate level.

4. Candidates who have learned a foreign language without formal academic credit in a regionally accredited college or university shall complete the following requirements:

a. Achieve a qualifying score on a foreign language assessment in the appropriate language as prescribed by the Virginia Board of Education; and

b. Earn a minimum of 3 three semester hours of methods of teaching foreign languages at the elementary and secondary levels from a regionally accredited college or university in the United States or obtain teacher certification in another country with at least 3 three semester hours of methods of teaching foreign languages at the elementary and secondary levels at a foreign institution.

C. Endorsement requirements for foreign language preK-12 - Latin. The candidate shall have:

1. Earned a baccalaureate degree from a regionally accredited college or university and graduated from an approved teacher preparation program in Latin; or

2. Earned a baccalaureate degree from a regionally accredited college or university and completed 24 semester hours of Latin above the intermediate level. A maximum of six semester hours of Roman history, Roman life, Roman mythology, or Roman archaeology may be included in the total hours. A minimum of 3 three semester hours of methods of teaching Latin at the elementary and secondary levels are required.

D. Endorsement requirements for foreign language preK-12 - American Sign Language.

1. The candidate shall have (i) graduated from an approved teacher preparation program in a foreign language - American Sign Language or (ii) earned a baccalaureate degree from a regionally accredited college or university and completed a major in American Sign Language or 24 semester hours above the intermediate level in American Sign Language. The program shall include (i) courses in advanced grammar and syntax, conversation, and culture and (ii) a minimum of 3 three semester hours of methods of teaching foreign languages at the elementary and secondary levels.

2. Native users or candidates who have learned American Sign Language without formal academic credit in a regionally accredited college or university, as explained in subdivision 1 of this subsection, shall complete the following requirements:

a. Competency in American Sign Language demonstrated by written documentation of one of the following:

(1) Hold a current, valid Provisional, Qualified, or Professional certification issued by the American Sign Language Teachers' Association;

(2) Hold one of the following a current, valid national certificates in interpreting: (a) Registry of Interpreters for Deaf certification in at least one of the following: Certificate of Interpretation (CI), Certificate of Deaf Interpretation (CDI), Reverse Skills Certification (RSC), or Comprehensive Skills Certificate (CSC); (b) A current, valid National Association for the Deaf Level IV certification or higher; or (c) A National Interpreter Certification (NIC) certification issued by the Registry of Interpreters for the Deaf; or

(3) Complete requirements by achieving a qualifying score on an assessment demonstrating proficiency in American Sign Language prescribed by the Virginia Board of Education.

b. A minimum of 3 three semester hours of methods of teaching foreign languages at the elementary and secondary levels from a regionally accredited college or university in the United States; and

c. A minimum of 6 six semester hours in coursework, including grammar and syntax of American Sign Language.