Vol. 29 Iss. 6 - November 19, 2012

Chapter 22
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Education intends to consider amending 8VAC20-22, Licensure Regulations for School Personnel. Chapter 365 of the 2012 Acts of Assembly requires the Board of Education to promulgate regulations establishing licensure requirements for teachers who teach only online courses as defined in § 22.1-212.23 of the Code of Virginia. Such license shall be valid only for teaching online courses. Teachers who hold a five-year renewable license issued by the Board of Education may teach online courses for which they are properly endorsed. As the options available to Virginia's public school students through virtual learning programs continue to expand, requirements for teachers assigned to teach only online courses need to be addressed. The Board of Education's Licensure Regulations for School Personnel do not specifically address requirements for teachers who teach only online courses. The legislation requires the establishment of a license and criteria for obtaining the license.

The agency is seeking comments on this regulatory action, including but not limited to, (i) ideas to be considered in the development of this proposal, (ii) the costs and benefits of any alternatives, and (iii) potential impacts of the regulation. The agency is also seeking information on impacts on small businesses as defined in § 2.2-4007.1 of the Code of Virginia. Information may include (i) projected reporting, recordkeeping and other administrative costs; (ii) the probable effect of the regulation on affected small businesses; and (iii) the description of less intrusive or costly alternatives for achieving the purpose of the regulation.

Anyone wishing to submit comments may do so via the Regulatory Town Hall website (, or by mail, email, or fax to Dr. Mark Allan, P.O. Box 2120, Richmond, Virginia 23218-2120, (phone) 804-371-2471, (fax) 804-530-4510. Written comments must include the name and address of the commenter. In order to be considered, comments must be received by midnight on the last day of the public comment period.

A public hearing will be held following the publication of the proposed stage of this regulatory action and notice of the hearing will be posted on the Virginia Regulatory Town Hall website ( and on the Commonwealth Calendar website ( Both oral and written comments may be submitted at that time.

At this time, it is not anticipated that this change in the regulations will be controversial.

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

Public Comment Deadline: December 19, 2012.

Agency Contact: Patty S. Pitts, Assistant Superintendent for Teacher Education and Licensure, Department of Education, P.O. Box 2120, Richmond, VA 23218, telephone (804) 371-2522, or email

VA.R. Doc. No. R13-3427; Filed October 31, 2012, 9:19 a.m.