TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Titles of Regulations: 8VAC20-23. Licensure Regulations for School Personnel (amending 8VAC20-23-321, 8VAC20-23-322, 8VAC20-23-323, 8VAC20-23-324)

8VAC20-650. Regulations Governing the Determination of Critical Teacher Shortage Areas (amending 8VAC20-650-30).

Statutory Authority:

8VAC20-23-321, 8VAC20-23-322, 8VAC20-23-323, 8VAC20-23-324: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.

8VAC20-650-30: §§ 22.1-16 and 22.1-290.01 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 necessary to carry out its powers and duties and the provisions of Title 22.1 of the Code of Virginia. Section 253.13:2 of the Code of Virginia specifically requires the board to establish requirements for the licensing of teachers, principals, superintendents, and other professional personnel.

Purpose: This action is essential to protect the health, safety, and welfare of citizens because it ensures that the board's regulations are aligned with federal requirements.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because the agency is merely performing technical changes in order to align its regulations with federal requirements.

Substance: Effective July 1, 2020, the U.S. Department of Education no longer categorizes accrediting agencies as "regional" or "national" but instead includes them under a combined umbrella identified as "institutional" or "nationally recognized." The board is no longer permitted to distinguish between regional and national accreditation in its requirements for teacher licensure or approval of education programs at Virginia institutions of higher education based on changes to 34 CFR 600. To address this, the amendments replace references to "regionally accredited college or university" with "accredited institution."

Issues: The primary advantage to the public, the Commonwealth, and the regulated community is that the action aligns the board's requirements with applicable federal requirements. There are no disadvantages to the public, the Commonwealth, or the regulated community.

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 amend Licensure Regulations for School Personnel (8VAC20-23) and Regulations Governing the Determination of Critical Teacher Shortage Areas (8VAC20-650) to align with federal regulation (34 CFR 600)² concerning post-secondary institution accreditation.

Background. The Licensure Regulations for School Personnel set standards for the licensure of teachers, principals, superintendents, and other professional personnel in Virginia. The Regulations Governing the Determination of Critical Teacher Shortage Areas establish not only the process for making such determinations but also the requirements and selection procedures for the Virginia Teaching Scholarship Loan Program. Both regulations currently refer to regionally accredited colleges and universities. As the result of amendments to 34 CFR 600³ that became effective July 1, 2020, the U.S. Department of Education (USED) no longer categorizes accrediting institutions as either regional or national. The board has already removed the definition of regional accrediting agency and other references to regionally accredited colleges and universities in other sections of 8VAC20-23 and in the Regulations Governing the Review and Approval of Education Programs in Virginia (8VAC20-543.)⁴ The proposed changes would similarly replace the term regionally accredited colleges and universities with accredited institutions in the remaining sections of 8VAC20-23 and in 8VAC20-650. In a letter notifying state agencies of the amendments, USED explained that because the department holds all accrediting agencies to the same standards, distinctions between regional and national accrediting agencies are unfounded.⁵ USED provided several explanations as to why this amendment was necessary in the Federal Register,⁶ including that (i) the existing distinction is largely inapplicable because most regional accreditors operate well outside their historic geographic borders; and (ii) it is designed to counter a detrimental myth that institutions that are regionally accredited are of higher academic quality than institutions that are nationally accredited.⁷

Estimated Benefits and Costs. The benefits and costs of the proposed changes have previously been discussed in the Economic Impact Analysis for the action that first implemented these changes to 8VAC20-23.⁸ The proposed amendments may increase the number of individuals eligible for a teaching license in Virginia and therefore available for hire by local school boards. Specifically, individuals who received their training in other states from institutions that were nationally accredited but not regionally accredited, would newly become eligible for licensure in the Commonwealth. Secondly, universities based outside of the Commonwealth that offer accredited education programs in their other locations, but not at their Virginia campuses (due to a lack of regional accreditation), may start offering teacher training at their Virginia branches. The proposed change to 8VAC20-650 would further allow the Virginia Teaching Scholarship Loan Program to be awarded to teacher candidates from Virginia school divisions at any accredited public or private four-year institution of higher education, rather than only regionally accredited programs. Thus, to the extent that the proposed changes lead to the establishment of new teacher training programs, this change would increase eligibility for the loan program, which is intended to address teacher shortages. As demonstrated by a September 2023 Joint Legislative Audit and Review Commission study (JLARC study),⁹ there are shortages of fully qualified teachers for many local school divisions in the Commonwealth, with some being particularly severe. An increase in the supply of fully qualified licensed teachers could thus be substantially beneficial.

Businesses and Other Entities Affected. The proposed amendments may affect all 131 local school divisions in Virginia by potentially increasing the supply of fully qualified licensed teachers. If this proposed change leads to an increase in the supply of licensed teachers in the Commonwealth, then those local school divisions with the highest teacher vacancy rates would likely be particularly affected in a positive direction. According to the JLARC study, the following school divisions had vacancy rates above ten percent for the 2023-2024 school year: Caroline County, Charles City County, Cumberland County, Essex County, Hampton City, Lancaster County, Lunenburg County, Norfolk City, Northampton County, Nottoway County, Poquoson City, Suffolk City, and Surry County. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.¹⁰ 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.¹¹ The proposed amendments do not appear to directly increase costs or reduce benefits. Thus, no adverse impact is indicated.

Small Businesses¹² Affected.¹³ The proposed amendments do not adversely affect small businesses.

Localities¹⁴ Affected.¹⁵ The proposed amendments may particularly affect those localities with the highest vacancy rates for teachers. Those localities are listed in the Businesses and Other Entities Affected section. The proposal does not appear to increase costs for local governments.

Projected Impact on Employment. The proposed amendments may increase employment in that a higher percentage of teacher positions may be filled.

Effects on the Use and Value of Private Property. The proposed amendments do not appear to directly affect the use and value of private property nor real estate development costs.

_____________________________

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 See https://www.ecfr.gov/current/title-34/subtitle-B/chapter-VI/part-600.

³ See https://www.ecfr.gov/current/title-34/subtitle-B/chapter-VI/part-600.

⁴ See https://townhall.virginia.gov/L/ViewStage.cfm?stageid=9654.

⁵ See page one of the letter: https://sacscoc.org/app/uploads/2020/03/State-Authorization-Letter-w-Diane-Signature-2.26.19.pdf.

⁶ See https://www.govinfo.gov/content/pkg/FR-2019-11-01/pdf/2019-23129.pdf.

⁷ See page one of the letter (https://sacscoc.org/app/uploads/2020/03/State-Authorization-Letter-w-Diane-Signature-2.26.19.pdf) and page 58851: https://www.govinfo.gov/content/pkg/FR-2019-11-01/pdf/2019-23129.pdf, respectively.

⁸ See https://townhall.virginia.gov/L/GetFile.cfm?File=93\5972\9654\EIA_DOE_9654_v1.pdf.

⁹ See https://jlarc.virginia.gov/pdfs/reports/Rpt576-3.pdf.

¹⁰ 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.

¹¹ 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.

¹² 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."

¹³ 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.

¹⁴ "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.

¹⁵ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

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

Summary:

The amendments replace references to "regionally accredited colleges and universities" with "accredited institutions," a change that aligns the regulations with updated federal standards for categorizing accrediting agencies.

8VAC20-23-321. Dual language (English) endorsement preK-6.

A. The dual language (English) endorsement is to teach dual language (English). Individuals who hold a valid Virginia teaching license with an elementary education endorsement may teach in dual language (English) in the corresponding grade levels noted on the license (such as Early/Primary Education PreK-3/Elementary Education PreK-6).

B. The candidate is subject to the elementary education content assessment and the reading for educators assessment prescribed by the State Board of Education for initial licensure. The State Board of Education prescribed reading and writing assessment is not required for an initial license with an endorsement in dual language (English).

C. Endorsement requirements for dual language (English) preK-6. The candidate shall have:

1. Graduated from an approved teacher preparation program in dual language elementary preK-6; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution and completed the following semester-hour requirements:

a. English (shall include composition, oral communication, and literature): 12 semester hours or complete six semester hours in English and pass a rigorous elementary subject test prescribed by the State Board of Education;

b. Mathematics (shall include algebra, geometry, probability and statistics, and teaching elementary mathematics): 15 semester hours or complete six hours in mathematics, complete a methods course in teaching elementary mathematics course (three semester hours), and pass a rigorous elementary subject test prescribed by the State Board of Education;

c. Laboratory sciences: 15 semester hours in at least three science disciplines and at least a three credit science methods course or complete nine semester hours (in two science disciplines), complete a methods in teaching elementary science course (three semester hours), and pass a rigorous elementary subject test prescribed by the State Board of Education; and

d. History (shall include American history and world history): six semester hours and social science (shall include geography and economics): six semester hours or complete three semester hours in history, complete three semester hours in social science (geography or economics), complete a methods course in teaching elementary history and social sciences course (three semester hours), and pass a rigorous elementary subject test prescribed by the State Board of Education.

8VAC20-23-322. Dual language (English) preK-6 Add-on endorsement.

A. The dual language (English) preK-6 endorsement is to teach dual language (English). Individuals who hold a valid Virginia teaching license with an elementary education endorsement in the corresponding grade levels noted on the license (such as Early/Primary Education PreK-3 or Elementary Education PreK-6) may teach in dual language (English) without the add-on endorsement. However, the dual language (English) preK-6 add-on endorsement recognizes the candidate's additional preparation in dual language (English).

B. Endorsement requirements.

1. The candidate shall have earned a baccalaureate degree from a regionally an accredited college or university institution and hold a license issued by the State Board of Education with a teaching endorsement in elementary education.

2. The candidate shall have completed an approved teacher preparation program in dual language (English) preK-6 add-on endorsement or completed the following:

a. Three semester hours in curriculum for dual language design and assessment; and

b. A 45-clock-hour practicum in dual language (English) from a regionally an accredited college or university institution. One year of successful, full-time teaching experience in a public school or accredited nonpublic school may be accepted in lieu of the practicum. The experience may be completed under a Provisional License.

8VAC20-23-323. Dual language (target language) endorsement preK-6.

A. The dual language (target language) preK-6 endorsement is to teach dual language in a world language other than English. The target language will be noted on the endorsement.

B. The State Board of Education prescribed reading and writing assessment is not required for an initial license with an endorsement in dual language (target language) endorsement preK-6.

C. Endorsement requirements for dual language (target language) endorsement preK-6. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in dual language (target language) endorsement; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution, and completed the following requirements:

a. A major in the target language: 12 semester hours in the target language above the intermediate level that must include composition, literature, and conversation or a qualifying score on a foreign language assessment in the target language as prescribed by the State Board of Education;

b. Mathematics: nine semester hours in mathematics that must include methods of teaching elementary mathematics;

c. Laboratory sciences (in two science disciplines): nine semester hours that must include methods of teaching elementary science;

d. History and social sciences: three semester hours in United States history; three semester hours in geography, economics, or United States or comparative government; three semester hours in methods of teaching elementary history and social sciences; and

e. Culture and civilization: three semester hours.

8VAC20-23-324. Dual language (target language) preK-6 add-on endorsement.

A. The dual language (target language) preK-6 add-on endorsement is to teach dual language in a world language other than English. The target language will be noted on the endorsement.

B. Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and hold a license issued by the State Board of Education with a teaching endorsement in a target language.

2. Completed an approved teacher preparation program in dual language (target language) preK-6 add-on endorsement or completed the following:

a. Three semester hours in curriculum for dual language design and assessment;

b. Passed the rigorous elementary education assessment prescribed by the State Board of Education or completed the following coursework:

(1) Mathematics: nine semester hours in mathematics that must include methods of teaching elementary mathematics;

(2) Laboratory sciences (in two science disciplines): nine semester hours that must include methods of teaching elementary science; and

(3) History and social sciences: three semester hours in United States history; three semester hours in geography, economics, or United States or comparative government; three semester hours in methods of teaching elementary history and social sciences; and

c. A 45-clock-hour practicum in dual language (target language) from a regionally an accredited college or university institution. One year of successful, full-time teaching experience in a public school or accredited nonpublic school in dual language (target language) may be accepted in lieu of the practicum. The experience may be completed under a Provisional License.

8VAC20-650-30. Virginia Teaching Scholarship Loan Program requirements and selection procedures.

A. Annually, the teacher preparation institutions in Virginia that have approved teacher preparation programs shall be invited to nominate individuals to receive loans through the Virginia Teaching Scholarship Loan Program subject to available appropriations.

B. The Virginia Teaching Scholarship Loan Program shall consist of scholarships awarded annually to teacher candidates, including graduate students and paraprofessionals from Virginia school divisions at a regionally an accredited public or private four-year institution of higher education in the Commonwealth, who (i) are enrolled full time or part time in an approved teacher education program or are participants in another approved teacher education program; (ii) have maintained a cumulative grade point average of at least 2.7 on a 4.0 scale or its equivalent; and (iii) are nominated for such scholarship by the institution where they are enrolled. In addition, the candidates must meet one or more of the following criteria: (a) be enrolled in a program leading to an endorsement in a critical shortage area as established by the Board of Education; (b) be a male teacher candidate in an elementary or middle school education program; (c) be a minority teacher candidate enrolled in any teacher endorsement area; or (d) be a student in an approved teacher education program leading to an endorsement in career and technical education.

C. A selection panel appointed by the Superintendent of Public Instruction may be convened if the number of Teacher Education Program recommendations for scholarships exceed the appropriations. The panel shall select recipients for the teaching scholarship loan from the eligible applicants. Efforts should be made to have an appropriate distribution of scholarships among the identified critical teacher shortage areas.