TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Title of Regulation: 8VAC20-23. Licensure Regulations for School Personnel (amending 8VAC20-23-540).

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: December 17, 2025.

Effective Date: January 1, 2026.

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) 750-8750, or email jim.chapman@doe.virginia.gov.

Basis: Section 22.1-16 of the Code of Virginia authorizes the State Board of Education to promulgate regulations to carry out its powers and duties and the provisions of Title 22.1 of the Code of Virginia. Sections 22.1-298.1 and 22.1-299 of the Code of Virginia specifically require the board to promulgate regulations concerning teacher licensure.

Purpose: This action is essential to protect the health, safety, or welfare of citizens because it will open compliance pathways by removing the requirement for coursework earned toward an early childhood special education endorsement to be at the graduate level, which could help fill at least 70 positions in the future, and aligns the requirements with all other special education endorsements.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because it (i) opens compliance pathways by removing the requirement for coursework earned toward an early childhood special education endorsement to be at the graduate level and (ii) aligns the requirements with all other special education endorsements.

Substance: This action removes the term "graduate" from the requirement that a candidate for the early childhood special education endorsement have earned a baccalaureate degree from an accredited institution and completed a major in early childhood special education or 27 semester hours in early childhood special education.

Issues: The primary advantage to both the Commonwealth and the public is that this action removes an arbitrary graduate-level course requirement for those wishing to add the early childhood special education endorsement to their license outside of an approved program pathway. There are no disadvantages to the Commonwealth or the public.

Department of Planning and Budget 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 represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The State Board of Education (board) proposes to allow undergraduate level courses to meet the current graduate level course requirement in one of the pathways to obtain the early childhood special education (ECSPED) endorsement for teachers.

Background. Currently, one of the pathways to obtain the ECSPED endorsement is via earning a baccalaureate degree from an accredited institution and completing a major in ECSPED. The regulation also allows substitution of the required major with 27 semester graduate hours in ECSPED. The proposal would strike the word graduate, effectively allowing applicants with 27 hours of undergraduate credit in ECSPED in lieu of a major which would expand the pool of applicants beyond those who have the required graduate level credits.

The proposed change resulted from the Advisory Board on Teacher Education and Licensure (ABTEL), which recommended additional teachers with the ECSPED endorsement.² The Department of Education (DOE) reports that the ECSPED endorsement is a combination of the two top critical shortage teaching endorsement areas for 2025-2026: Special Education PreK-12 and Elementary Education PreK-6.³ Also, DOE states that the secondary driver for this change is to align the requirements with all other special education endorsements where graduate level credits are not stipulated. Moreover, DOE reports that over the past two years, Virginia has seen a 24% increase in the number of children identified with a disability for ages two to five who attend preschool. DOE notes the need for additional teachers with the ECSPED endorsement has been longstanding, with the percentage of vacancies or individuals teaching out of their endorsed area ranging from 7% to 9% over the past 6 years.

Estimated Benefits and Costs. The main economic impact of the proposal is to address the shortage of teachers with the ECSPED endorsement as a result of rising vacancies and the increase in the number of children identified with a disability for children two to five years of age attending preschool. DOE estimates that this change combined with another ABTEL recommendation, which is not part of this action, could fill at least 70 hard-to-fill positions in the future. Thus, we can infer that the proposal would help fill a portion of the present vacancies. It is also likely that less onerous credit hours may lead to some applicants being able to already meet the proposed requirement while also making it easier for those interested in earning this endorsement in the future. Those who may already have the 27 hours of undergraduate credits would have their job prospects improved and would be able to obtain this endorsement sooner and possibly start earning higher wages. Those who may not have the 27 hours of undergraduate credit at present would also be incentivized to consider obtaining the endorsement as it would be easier to obtain and at a lower cost. The ABTEL recommendation notes that the current path requires a large time commitment and significant financial resources.⁴ Data from DOE shows that there are 10 colleges or universities that offer the ECSPED endorsement. The cost difference of a credit hour between graduate and undergraduate level in-state students among the 10 colleges varies from $38/credit to $463/credit at the individual level, the average being $164/credit ($600 vs. $436) representing a 27% reduction. Thus, on average, the 27 undergraduate credit hours would lower the tuition costs by $4,428 (27 hours x $164/credit) per student. For 70 vacancies, the statewide cost savings in tuition costs would be $309,960 (70 x $4,428). However, only a portion of this amount would be the result of the proposal in this action as the 70-position estimate includes another proposal that is not part of this action. The likely savings in tuition for students may not necessarily result in a revenue reduction for universities/colleges offering graduate classes toward the ECSPED endorsement. It is because the proposal would also incentivize more individuals obtaining the endorsement through the undergraduate credit route which would add to the school revenues that may more than offset the loss of revenue from graduate credit hours. Relatedly, DOE does not believe that there would be a reduction in demand for graduate degrees in this field. DOE believes that there are many more important factors that affect one's decision to obtain a graduate degree such as planning a career in academia, one's ambition to obtain a graduate degree for various reasons including better job prospects and a genuine interest in a higher level of diploma. Moreover, the school divisions may also see some financial savings as DOE reports that salary scale would be lower for those that earned the endorsement without a graduate degree. Finally, the proposal is not expected to decrease the quality of instruction for children two to five years of age. DOE states that the current graduate level credit requirement is arbitrary and there is no meaningful distinction between the quality of instruction based on one's graduate or undergraduate credit hours. This stems from the fact that instruction of children in the relevant age brackets is seen as basic and thus undergraduate level classes are sufficient.

Businesses and Other Entities Affected. Based on ABTEL's analysis and DOE, in the 2021-2022 school year there were 832 ECSPED positions with 70 vacancies, 10 colleges or universities that offered both graduate and undergraduate credit hours, and 13,379 children identified with a disability two to five years of age and in preschool. The proposed change does not appear to have a disproportional impact. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁵ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁶ As noted above, the expected revenue reduction for colleges/universities may be more than offset and no quality impact on teacher instruction is expected. Thus, no adverse impact is indicated.

Small Businesses⁷ Affected.⁸ The proposed amendments do not appear to adversely affect small businesses.

Localities⁹ Affected.¹⁰ The proposal does not introduce costs for localities. To the extent the proposal provides savings for school divisions and provides relief from reduced demand on local funds, it would be beneficial for school divisions throughout the Commonwealth.

Projected Impact on Employment. The proposed amendment is expected to help fill a portion of 70 vacancies identified. However, some or all applicants may have other jobs. Thus, the impact on total employment is not known.

Effects on the Use and Value of Private Property. No significant effect on the use and value of private property nor on real estate development costs is expected.

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¹ Section 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.

² https://www.doe.virginia.gov/home/showpublisheddocument/61199/638802359734430000.

³ https://www.doe.virginia.gov/teaching-learning-assessment/teaching-in-virginia/education-workforce-data-reports.

⁴ Ibid, (page 7).

⁵ Pursuant 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.

⁶ 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. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁷ Pursuant 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."

⁸ If 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.

⁹ "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.

¹⁰ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The State Board of Education thanks the Department of Planning and Budget for its thorough economic impact analysis.

Summary:

The amendment removes an arbitrary graduate-level course requirement for those wishing to add the early childhood special education endorsement to a license outside of an approved program pathway, which opens compliance pathways and aligns the requirements with all other special education endorsements.

8VAC20-23-540. Special education early childhood (birth-age five years).

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from an accredited institution and graduated from an approved teacher preparation program in early childhood special education; or

2. Earned a baccalaureate degree from an accredited institution and completed a major in early childhood special education or 27 semester graduate hours in early childhood special education, including at least one course in each of the following:

a. Foundations and legal aspects of special education: three semester hours;

b. Assessment for diagnosis, program planning, and curriculum-based measurement to document progress for young children with typical development, disabling, and at-risk conditions: three semester hours;

c. Curriculum and instructional programming for preschool. Coursework in language development and English-Language Arts must be grounded in science-based reading research and evidence-based literacy instruction: three semester hours;

d. Speech and language development and intervention: three semester hours;

e. Medical aspects: three semester hours;

f. Social and emotional skills and behavior management for early childhood: three semester hours;

g. Consultation, co-teaching, coaching, and mentoring: three semester hours;

h. Family-centered intervention: three semester hours; and

i. Early childhood elective: three semester hours.