TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Title of Regulation: 8VAC20-650. Regulations Governing the Determination of Critical Teacher Shortage Areas (amending 8VAC20-650-10, 8VAC20-650-20, 8VAC20-650-30).

Statutory Authority: §§ 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: February 11, 2026.

Effective Date: February 26, 2026.

Agency Contact: Jim Chapman, Regulatory and Legal Coordinator, Department of Education, James Monroe Building, 25th Floor, 101 North 14th Street, Richmond, VA 23219, telephone (804) 225-2540, or email jim.chapman@doe.virginia.gov.

Basis: Section 22.1-16 of the Code of Virginia 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. Section 22.1-290 of the Code of Virginia authorizes the board to provide for the awarding of teaching scholarship loans to students attending nonprofit institutions of higher education in the Commonwealth. Section 22.1-290.01 of the Code of Virginia requires the board to establish, in regulation, criteria for determining critical teacher shortage areas for awarding scholarships. Section 22.1-290.2 of the Code of Virginia requires each school board to report to the Department of Education annually the number and type of teacher, other instructional personnel, and support staff vacancies in the school division.

Purpose: This action is essential to protect the health, safety, and welfare of citizens because it ensures that the board's regulations remain in alignment with the Code of Virginia.

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 aligns regulation to statute.

Substance: The amendments (i) update language to reflect a change to a 10-year renewable license; (ii) add language requiring each school board to report to the Department of Education annually the number and type of teacher, other instructional personnel, and support staff vacancies in the school division; and (iii) update language regarding Virginia Teaching Scholarship Loan Program eligibility to match § 22.1-290.01 C of the Code of Virginia.

Issues: The primary advantage to the public and the Commonwealth is that the regulation will accurately reflect the statute. There are no disadvantages to the public or the Commonwealth.

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 Board of Education (board) proposes several amendments to conform the regulation to the Code of Virginia.

Background. 8VAC20-650-10 currently states in subdivision 3, "To obtain information about the differences in the supply and demand among Virginia school divisions, the survey will require, but will not be limited to, the following data: c. Number of teachers employed without a regular five-year renewable license for their teaching assignment;" Chapters 748 and 749 of the 2018 Acts of Assembly changed the term of the renewable teacher license from five years to 10 years. Thus, the board proposes to update the reference in 8VAC20-650-10 from five-year to 10-year. Chapter 674 of the 2020 Acts of Assembly required in part that school boards submit annual reports to the Department of Education that describe the number and type of vacancies for teachers, other instructional personnel, and support staff. The board proposes to state the same in 8VAC20-650-20 of the regulation. 8VAC20-650-30 currently states in part, "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 accredited public or private four-year institution of higher education in the Commonwealth, who..." Section 22.1-290.01 C of the Code of Virginia states in part, "Program shall consist of scholarships awarded annually to teacher candidates, including graduate students and paraprofessionals from Virginia school divisions at an accredited baccalaureate private institution of higher education in the Commonwealth or baccalaureate public institution of higher education in the Commonwealth, who..." The board proposes to amend the text in 8VAC20-650-30 to match the text in the Code of Virginia.

Estimated Benefits and Costs. When regulations and the Code conflict, the Code presides. Consequently, the proposed amendments to the regulation do not alter requirements in practice. The amendments may be beneficial in that readers of the regulation may be better informed concerning the requirements that apply.

Businesses and Other Entities Affected. The requirements pertain to the 131 school divisions in Virginia and the 36 approved education programs at colleges and universities in the Commonwealth. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² 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.³ As the proposal neither increases cost nor reduces benefit, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposed amendments do not adversely affect small businesses.

Localities⁶ Affected.⁷ The proposal neither disproportionally affects particular localities nor affects costs for local governments.

Projected Impact on Employment. The proposal does not affect employment.

Effects on the Use and Value of Private Property. The proposal affects neither the use and value of private property nor costs related to the development of real estate.

_____________________________

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 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.

³ 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.

⁴ 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."

⁵ 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.

⁶ "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.

⁷ 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 amendments align the regulation to recent updates to the Code of Virginia. Specifically, the action (i) updates language to reflect a change to a 10-year renewable license; (ii) adds language requiring each school board to report to the Department of Education annually the number and type of teacher, other instructional personnel, and support staff vacancies in the school division; and (iii) updates language regarding Virginia Teaching Scholarship Loan Program eligibility to match § 22.1-290.01 C of the Code of Virginia.

8VAC20-650-10. Survey of local school divisions.

Beginning in school year 2001-2002, to To obtain the data necessary for establishing critical teacher shortage areas, an annual survey of instructional personnel and administrative personnel licensed by the State Board of Education shall be conducted as follows:

1. The Department of Education (department) shall be responsible for the administration of the annual survey and shall:

a. Distribute to each local school division an annual survey of instructional and administrative personnel for the purpose of determining critical teacher shortages. The department may distribute the survey through electronic means; and

b. Post the results of the survey in a manner that will permit access by local school divisions, approved teacher preparation programs, other state agencies, and the public through an electronic process.

2. Each local school division shall be required to submit a completed survey within the timeframe established by the department. If the survey is distributed through electronic means, then the survey shall be completed and submitted to the department through electronic means as identified by the department.

3. To obtain information about the differences in the supply and demand among Virginia school divisions, the survey will require, but will not be limited to, the following data:

a. Number of teaching positions by subject area;

b. Number of teaching positions by endorsement (teaching) area; number of teaching positions not filled by endorsement area; and number of teaching positions filled without the appropriate teaching endorsement;

c. Number of teachers employed without a regular five-year 10-year renewable license for their teaching assignment; and

d. Number of teaching position vacancies for which a school division receives three or fewer qualified candidates (licensed or eligible for a license).

8VAC20-650-20. Establishing critical shortage areas.

A. Each school board shall report to the Department of Education annually the number and type of teacher, other instructional personnel, and support staff vacancies in the school division.

B. Utilize the data collected through the annual survey to establish critical teacher shortage areas as follows:

1. Shortages by subject matter will be designated from the top 10 academic disciplines identified as having shortages through the superintendent's annual survey of school divisions.

2. In addition to the top 10 academic disciplines identified statewide, school divisions may designate a subject area as having a shortage if the school division receives three or fewer qualified candidates (licensed or eligible for a license) for any teaching vacancy for that subject area.

3. Any Virginia school division, including rural or urban school divisions, where 10% of the teachers are not fully licensed for their teaching assignment may be designated as a geographic critical shortage area.

B. C. For the purpose of administering the Virginia Teaching Scholarship Loan Program, an individual may meet the teaching obligation, regardless of teaching discipline, by agreeing to teach in a school with a high concentration (50% or more) of students eligible for free or reduced lunch.

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 pursuant to § 22.1-290.01 of the Code of Virginia.

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 an accredited public or baccalaureate private four-year institution of higher education in the Commonwealth or baccalaureate public 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 State 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.