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

Statutory Authority: §§ 22.1-16 and 22.1-290.01 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comments: Public comments may be submitted until 5 p.m. on June 29, 2009.

Effective Date: July 15, 2009.

Agency Contact: Dr. Pat Burgess, Teacher Education Program Specialist, Department of Education, P.O. Box 2120, Richmond, VA 23218, telephone (804) 225-2096, or email pat.burgess@doe.virginia.gov.

Basis: Section 22.1-290.01 of the Code of Virginia establishes the Virginia Teaching Scholarship Loan Program and stipulates that the board may promulgate such regulations as may be necessary for the implementation of the program. The Board of Education administers the Virginia Teaching Scholarship Loan Program (VTSLP) to support teacher candidates in the critical teaching shortage areas.

The Virginia Teaching Scholarship Loan Program is authorized in Chapter 879, 2008-2010 Appropriation Act of the General Assembly.

Purpose: The proposed amendments to the existing Regulations Governing the Virginia Teaching Scholarship Loan Program Requirements and Selection Procedures (8VAC20-650-30) include expanding the eligibility criteria to include students in an approved teacher education program leading to an endorsement in career and technical education. The purpose of the proposed amendment is to align the Board of Education regulation with the requirements of the Code of Virginia, as amended by the 2008 General Assembly.

The proposed action has no impact on the health, safety, or welfare of citizens.

Pursuant to § 22.1-290.01 of the Code of Virginia, the program shall consist of scholarships awarded annually to teacher candidates, including graduate students and paraprofessionals from Virginia school divisions at an accredited public or private four-year institution of higher education in the Commonwealth. The goal of the proposed action is to enable students in an approved teacher education program leading to an endorsement in career and technical education to receive the teaching scholarship loan.

Rationale for Using Fast-Track Process: The Administrative Process Act (APA) provides for expedited rulemaking for regulatory actions that are expected to be noncontroversial. The regulation as proposed is expected to be noncontroversial since there is minimal to no fiscal or administrative impact on the local school divisions or on the Department of Education.

Substance: The proposed amendments to the existing regulation expand 8VAC20-650-30 (entitled Virginia Teaching Scholarship Loan Program Requirements and Selection Procedures) to enable students in an approved teacher education program leading to an endorsement in career and technical education to receive the teaching scholarship loan.

Issues: The purpose of the regulation amendment is to align with the amendments to the Code of Virginia. There are no known disadvantages to the public, the regulated entities, business entities, or the Commonwealth. The advantage will be the authorization to award such teaching scholarships to an expanded base of eligible students.

The Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Virginia Teaching Scholarship Loan Program consists 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 (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. Under the current regulations 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; or (c) be a minority teacher candidate enrolled in any teacher endorsement area. Pursuant to Chapters 48 and 141 of the 2008 Virginia Acts of Assembly, the Board of Education proposes to add "be a student in an approved teacher education program leading to an endorsement in career and technical education" as a fourth criterion under which candidates can qualify.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. According to the Department of Education, career and technical education has been designated a critical shortage area since 2003. Thus in practice the proposal to add “be a student in an approved teacher education program leading to an endorsement in career and technical education” as a fourth criterion under which candidates can qualify for the Virginia Teaching Scholarship Loan Program will initially have no impact. If at some point in the future career and technical education were to no longer be designated a critical shortage area, then the proposed fourth criterion would enable students in such endorsement programs to continue to be eligible.

Businesses and Entities Affected. The proposed amendment potentially affects teacher candidates, teacher education programs, and the 132 school divisions in the Commonwealth.

Localities Particularly Affected. The proposed amendments do not disproportionately affect particular localities.

Projected Impact on Employment. The proposal amendment is unlikely to significantly effect employment.

Effects on the Use and Value of Private Property. The proposed amendment is unlikely to significantly affect the use and value of private property.

Small Businesses: Costs and Other Effects. The proposed amendment is unlikely to significantly affect small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendment is unlikely to significantly affect small businesses.

Real Estate Development Costs. The proposed amendment is unlikely to significantly affect real estate development costs.

Legal Mandate. 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 Administrative Process Act and Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB’s best estimate of these economic impacts.

Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The agency agrees with the economic impact analysis done by the Department of Planning and Budget. The agency will continue to examine the economic and administrative impact of the regulations as they progress through the Administrative Process Act process.

Summary:

The amendments expand the eligibility criteria for the Virginia Teaching Scholarship Loan Program to enable students in an approved teacher education program leading to an endorsement in career and technical education to receive the teaching scholarship loan.

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 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; or (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.