Title of Regulation: 8VAC20-22. Licensure Regulations for School Personnel (amending 8VAC20-22-90).

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

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: July 12, 2017.

Effective Date: July 31, 2017.

Agency Contact: Patty Pitts, Assistant Superintendent for Teacher Education and Licensure, Department of Education, 101 North 14th Street, Richmond, VA 23219, telephone (804) 371-2522, or email patty.pitts@doe.virginia.gov.

Basis: The amendments to the Licensure Regulations for School Personnel are required to comply with Chapter 389 of the 2016 Acts of Assembly, which amended and reenacted § 22.1-298.1 of the Code of Virginia requiring the Board of Education to provide for the provisional license.

The board's overall regulatory authority may be found under § 22.1-16 of the Code of Virginia.

Purpose: Chapter 389 of the 2016 Acts of Assembly requires the Board of Education to provide for the issuance of a provisional license, valid for a period not to exceed three years, to any former member of the Armed Forces of the United States or the Virginia National Guard who has received an honorable discharge and has the appropriate level of experience or training but does not meet the requirements for a renewable license. The change in the regulations will allow veterans to apply directly to the Department of Education to determine their eligibility for a license. Virginia, as well as the nation, is experiencing shortages of teachers.  This regulatory action should increase the pool of individuals to teach in the Commonwealth.

Rationale for Using Fast-Track Rulemaking Process: The fast-track rulemaking process is for regulations expected to be noncontroversial. This revision is noncontroversial because the amendments are required by statute and allow veterans to apply for a provisional (veteran) license through an alternate route upon the recommendation of an employing school division or, if the veteran is not employed as a teacher, to seek a statement of his or her eligibility for a provisional (veteran) license.

Substance: The amendments establish a veterans' provisional license, which allows any former member of the Armed Forces of the United States or of the Virginia National Guard who has received an honorable discharge, to apply directly to the Department of Education and receive an evaluation or statement of eligibility for a license.

Issues: The advantage of the amendment is that it will allow any former member of the Armed Forces of the United States or the Virginia National Guard who has received an honorable discharge to apply directly to the Department of Education and receive an evaluation for a license. There are no disadvantages to the public, the agency, or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. Pursuant to Chapter 389 of the 2016 Virginia Acts of Assembly, the Board of Education (Board) proposes to establish an alternate route for veterans to obtain a provisional license to teach.

Result of Analysis. The benefits likely exceed the costs.

Estimated Economic Impact. The legislation and proposed regulation specify that in order to qualify for the veteran alternate route to provisional licensure, the individual must be a former member of the armed forces of the United States or the Virginia National Guard who has received an honorable discharge. The current regulation already includes a career switcher alternate route to provisional licensure. According to the Department of Education (DOE), other than requiring a military background to qualify, practically speaking the only difference between the existing career switcher alternate route and the proposed veteran alternate route is that veterans who are applying for the provisional license may submit an application packet directly to DOE to request an evaluation for a license. They do not need to wait until a Virginia school division submits the request to DOE. The Department would provide the veteran with a letter indicating their eligibility (if they are in fact eligible) that he or she could use in pursuit of a position at a school. Having the eligibility letter could help facilitate employment for veterans. The proposed addition of this route to teacher licensure for veterans may require a small additional amount of time for DOE employees to provide the evaluation, but that cost is likely outweighed by the potential benefit of easing the employment process for veterans.

Businesses and Entities Affected. The proposed amendments affect veterans considering teaching in Virginia and the 132 local school divisions in the Commonwealth.

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

Projected Impact on Employment. The proposed amendments may moderately increase the likelihood that veterans become teachers.

Effects on the Use and Value of Private Property. The proposed amendments do not affect the use and value of private property.

Real Estate Development Costs. The proposed amendments do not affect real estate development costs.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, 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."

Costs and Other Effects. The proposed amendments do not affect small businesses.

Alternative Method that Minimizes Adverse Impact. The proposed amendments do not adversely affect small businesses.

Adverse Impacts:

Businesses. The proposed amendments do not adversely affect businesses.

Localities. The proposed amendments do not adversely affect localities.

Other Entities. The proposed amendments do not adversely affect other entities.

Agency's Response to Economic Impact Analysis: The agency concurs with the economic impact analysis completed by the Department of Planning and Budget.

Summary:

Pursuant to Chapter 389 of the 2016 Acts of Assembly, the amendments provide for the issuance of a provisional license, valid for a period not to exceed three years, to any former member of the Armed Forces of the United States or the Virginia National Guard who has received an honorable discharge and has the appropriate level of experience or training but does not meet the requirements for a renewable license.

8VAC20-22-90. Alternate routes to licensure.

A. Career switcher alternate route to licensure for career professions. An alternate route is available to career switchers who seek teaching endorsements preK through grade 12 with the exception of special education.

1. An individual seeking a Provisional License through the career switcher program must meet the following prerequisite requirements:

a. An application process;

b. A baccalaureate degree from a regionally accredited college or university;

c. The completion of requirements for an endorsement in a teaching area or the equivalent through verifiable experience or academic study;

d. At least five years of full-time work experience or its equivalent; and

e. Virginia qualifying scores on the professional teacher's assessments as prescribed by the Board of Education.

2. The Provisional License is awarded at the end of Level I preparation. All components of the career switcher alternate route for career professions must be completed by the candidate.

3. The Level I requirements must be completed during the course of a single year and may be offered through a variety of delivery systems, including distance learning programs. If an employing agency recommends extending the Provisional License for a second year, the candidate will enter Level III of the program. Career switcher programs must be certified by the Virginia Department of Education.

a. Level I preparation. Intensive Level I preparation includes a minimum of 180 clock hours of instruction, including field experience. This phase includes, but is not limited to, curriculum and instruction, including technology, reading, and other specific course content relating to the Standards of Learning, differentiation of instruction, classroom/behavior classroom and behavior management, instructional design based on assessment data, and human growth and development.

b. Level II preparation during first year of employment.

(1) Candidate seeks employment in Virginia with the one-year Provisional License.

(2) Continued Level II preparation during the first year of employment with a minimum of five seminars that expand the intensive preparation requirements listed in subdivision 3 a of this subsection. The five seminars will include a minimum of 20 cumulative instructional hours. A variety of instructional delivery techniques will be utilized to implement the seminars.

(3) One year of successful, full-time teaching experience in a Virginia public or accredited nonpublic school under a one-year Provisional License. A trained mentor must be assigned to assist the candidate during the first year of employment. Responsibilities of the mentor include, but are not limited to, the following:

(a) Collaborate with the beginning teacher in the development and implementation of an individualized professional development plan;

(b) Observe, assess, coach, and provide opportunities for constructive feedback, including strategies for self-reflection;

(c) Share resources and materials;

(d) Share best instructional, assessment, and organizational practices; classroom and behavior management strategies; and techniques for promoting effective communication; and

(e) Provide general support and direction regarding school policies and procedures.

(4) Upon completion of Levels I and II of the career switcher alternate route to licensure program and submission of a recommendation from the Virginia educational employing agency, the candidate will be eligible to apply for a five-year, renewable license. Renewal requirements for the regular license will be subject to current regulations of the Board of Education.

c. Level III preparation, if required.

(1) Post preparation, if required, will be conducted by the Virginia employing educational agency to address the areas where improvement is needed as identified in the candidate's professional improvement plan; and

(2) Upon completion of Levels I, II, and III of the career switcher alternate route to licensure program and submission of a recommendation from the Virginia educational employing agency, the candidate will be eligible to receive a five-year renewable license.

4. Verification of program completion will be documented by the certified program provider and the division superintendent or designee.

5. Certified providers implementing a career switcher program may charge a fee for participation in the program.

B. An alternate route is available to individuals employed by an educational agency who seek teaching endorsements preK through grade 12. Individuals must complete the requirements for the regular, five-year license within the validity period of the provisional license.

1. An individual seeking a license through this alternate route must have met the following requirements:

a. Are Is entering the teaching field through the alternate route to licensure upon the recommendation of the Virginia employing educational agency;

b. Hold Holds a baccalaureate degree from a regionally accredited college or university with the exception of individuals seeking the Technical Professional License;

c. Have Has met requirements for the endorsement area; and

d. Need Needs to complete an allowable portion of professional studies and licensure requirements.

2. The professional studies requirements for the appropriate level of endorsement sought must be completed. A Virginia educational agency may submit to the Superintendent of Public Instruction for approval an alternate program to meet the professional studies requirements. The alternate program must include training (seminar, internship, coursework, etc.) in human growth and development, curriculum and instructional procedures (including technology), instructional design based on assessment data, classroom and behavior management, foundations of education and reading.

3. One year of successful, full-time teaching experience in the appropriate teaching area in a Virginia public or accredited nonpublic school must be completed. A fully licensed experienced teacher must be available in the school building to assist the beginning teacher employed through the alternate route.

C. Alternate route in special education. The Provisional License is a three-year nonrenewable teaching license issued to an individual employed as a special education teacher in a public school or a nonpublic special education school in Virginia who does not hold the appropriate special education endorsement. To be issued the Provisional License through this alternate route, an individual must:

1. Be employed by a Virginia public or nonpublic school as a special educator and have the recommendation of the employing educational agency;

2. Hold a baccalaureate degree from a regionally accredited college or university;

3. Have an assigned mentor endorsed in special education; and

4. Have a planned program of study in the assigned endorsement area, make progress toward meeting the endorsement requirements each of the three years of the license, and have completed coursework in the competencies of foundations for educating students with disabilities and an understanding and application of the legal aspects and regulatory requirements associated with identification, education, and evaluation of students with disabilities. A survey course integrating these competencies would satisfy this requirement. The Provisional License through this alternate route shall not be issued without the completion of these prerequisites.

D. Alternate programs at institutions of higher education or Virginia school divisions. Alternate programs developed by institutions of higher education (i) recognize the unique strengths of prospective teachers from nontraditional backgrounds and (ii) prepare these individuals to meet the same standards that are established for others who are granted a license through an alternate route.

E. Experiential learning. Individuals applying for an initial license through the alternate route as prescribed by the Board of Education must meet the following criteria to be eligible to request experiential learning credits in lieu of the coursework for the endorsement (teaching) content area:

1. Hold a baccalaureate degree from a regionally accredited college or university;

2. Have at least five years of documented full-time work experience that may include specialized training related to the endorsement sought; and

3. Have met the qualifying score on the content knowledge assessment prescribed by the Board of Education.

The criteria do not apply to teachers of special education and elementary education (preK-3 and preK-6).

F. An alternate route is available to former members of the Armed Forces of the United States or the Virginia National Guard who have received an honorable discharge and who are seeking a Provisional (Veteran) License. Individuals must complete the requirements for the five-year renewable license within the validity period of the Provisional (Veteran) License.

An individual seeking a Provisional License through the veteran alternate route must meet the following requirements:

1. Is entering the teaching field through the alternate route to licensure upon the recommendation of the Virginia employing educational agency. If the veteran is not employed, a statement of the individual's eligibility for a Provisional (Veteran) License will be provided;

2. Holds a baccalaureate degree from a regionally accredited college or university with the exception of individuals seeking the Technical Professional License; and

3. Has met the appropriate level of experience or training required for the teaching endorsement area. The veteran may meet the endorsement requirements by passing a rigorous academic subject test prescribed by the Board of Education, if applicable. This testing option does not apply to individuals who are seeking an early/primary preK-3 or elementary education preK-6 endorsement or who are seeking a technical Professional License, Vocational Evaluator License, Pupil Personnel Services License, School Manager License, or Division Superintendent License.

G. Every teacher seeking an initial license in the Commonwealth with an endorsement in the area of career and technical education shall have an industry certification credential in the area in which the teacher seeks endorsement. If a teacher seeking an initial license in the Commonwealth has not attained an industry certification credential in the area in which the teacher seeks endorsement, the board may, upon request of the employing school division or educational agency, issue the teacher a Provisional License to allow time for the teacher to attain such credential.