The Virginia Register OF  REGULATIONS is an official state publication issued every other week  throughout the year. Indexes are published quarterly, and are cumulative for  the year. The Virginia Register has several functions. The new and  amended sections of regulations, both as proposed and as finally adopted, are  required by law to be published in the Virginia Register. In addition,  the Virginia Register is a source of other information about state  government, including petitions for rulemaking, emergency regulations,  executive orders issued by the Governor, and notices of public hearings on  regulations.
    ADOPTION,  AMENDMENT, AND REPEAL OF REGULATIONS
    An  agency wishing to adopt, amend, or repeal regulations must first publish in the  Virginia Register a notice of intended regulatory action; a basis,  purpose, substance and issues statement; an economic impact analysis prepared  by the Department of Planning and Budget; the agency’s response to the economic  impact analysis; a summary; a notice giving the public an opportunity to  comment on the proposal; and the text of the proposed regulation.
    Following  publication of the proposal in the Virginia Register, the promulgating agency  receives public comments for a minimum of 60 days. The Governor reviews the  proposed regulation to determine if it is necessary to protect the public  health, safety and welfare, and if it is clearly written and easily  understandable. If the Governor chooses to comment on the proposed regulation,  his comments must be transmitted to the agency and the Registrar no later than  15 days following the completion of the 60-day public comment period. The  Governor’s comments, if any, will be published in the Virginia Register.  Not less than 15 days following the completion of the 60-day public comment  period, the agency may adopt the proposed regulation.
    The  Joint Commission on Administrative Rules (JCAR) or the appropriate standing  committee of each house of the General Assembly may meet during the  promulgation or final adoption process and file an objection with the Registrar  and the promulgating agency. The objection will be published in the Virginia  Register. Within 21 days after receipt by the agency of a legislative  objection, the agency shall file a response with the Registrar, the objecting  legislative body, and the Governor.
    When  final action is taken, the agency again publishes the text of the regulation as  adopted, highlighting all changes made to the proposed regulation and  explaining any substantial changes made since publication of the proposal. A  30-day final adoption period begins upon final publication in the Virginia  Register.
    The Governor  may review the final regulation during this time and, if he objects, forward  his objection to the Registrar and the agency. In addition to or in lieu of  filing a formal objection, the Governor may suspend the effective date of a  portion or all of a regulation until the end of the next regular General  Assembly session by issuing a directive signed by a majority of the members of  the appropriate legislative body and the Governor. The Governor’s objection or  suspension of the regulation, or both, will be published in the Virginia  Register. If the Governor finds that changes made to the proposed  regulation have substantial impact, he may require the agency to provide an  additional 30-day public comment period on the changes. Notice of the  additional public comment period required by the Governor will be published in  the Virginia Register.
    The  agency shall suspend the regulatory process for 30 days when it receives  requests from 25 or more individuals to solicit additional public comment,  unless the agency determines that the changes have minor or inconsequential  impact.
    A  regulation becomes effective at the conclusion of the 30-day final adoption  period, or at any other later date specified by the promulgating agency, unless  (i) a legislative objection has been filed, in which event the regulation,  unless withdrawn, becomes effective on the date specified, which shall be after  the expiration of the 21-day objection period; (ii) the Governor exercises his  authority to require the agency to provide for additional public comment, in  which event the regulation, unless withdrawn, becomes effective on the date  specified, which shall be after the expiration of the period for which the  Governor has provided for additional public comment; (iii) the Governor and the  General Assembly exercise their authority to suspend the effective date of a  regulation until the end of the next regular legislative session; or (iv) the  agency suspends the regulatory process, in which event the regulation, unless  withdrawn, becomes effective on the date specified, which shall be after the  expiration of the 30-day public comment period and no earlier than 15 days from  publication of the readopted action.
    A  regulatory action may be withdrawn by the promulgating agency at any time  before the regulation becomes final.
    FAST-TRACK  RULEMAKING PROCESS
    Section 2.2-4012.1 of the Code of Virginia provides an exemption from certain  provisions of the Administrative Process Act for agency regulations deemed by  the Governor to be noncontroversial.  To use this process, Governor's  concurrence is required and advance notice must be provided to certain  legislative committees.  Fast-track regulations will become effective on the  date noted in the regulatory action if no objections to using the process are filed  in accordance with § 2.2-4012.1.
    EMERGENCY  REGULATIONS
    Pursuant  to § 2.2-4011 of the Code  of Virginia, an agency, upon consultation with the Attorney General, and at the  discretion of the Governor, may adopt emergency regulations that are  necessitated by an emergency situation. An agency may also adopt an emergency  regulation when Virginia statutory law or the appropriation act or federal law  or federal regulation requires that a regulation be effective in 280 days or  less from its enactment. The emergency  regulation becomes operative upon its adoption and filing with the Registrar of  Regulations, unless a later date is specified. Emergency regulations are  limited to no more than 12 months in duration; however, may be extended for six  months under certain circumstances as provided for in § 2.2-4011 D.  Emergency regulations are published as soon as possible in the Register.
    During  the time the emergency status is in effect, the agency may proceed with the  adoption of permanent regulations through the usual procedures. To begin  promulgating the replacement regulation, the agency must (i) file the Notice of  Intended Regulatory Action with the Registrar within 60 days of the effective  date of the emergency regulation and (ii) file the proposed regulation with the  Registrar within 180 days of the effective date of the emergency regulation. If  the agency chooses not to adopt the regulations, the emergency status ends when  the prescribed time limit expires.
    STATEMENT
    The  foregoing constitutes a generalized statement of the procedures to be followed.  For specific statutory language, it is suggested that Article 2 (§ 2.2-4006  et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia be examined  carefully.
    CITATION  TO THE VIRGINIA REGISTER
    The Virginia  Register is cited by volume, issue, page number, and date. 26:20 VA.R. 2510-2515  June 7, 2010, refers to Volume 26, Issue 20, pages 2510 through 2515 of the  Virginia Register issued on 
  June 7, 2010.
    The  Virginia Register of Regulations is  published pursuant to Article 6 (§ 2.2-4031 et seq.) of Chapter 40 of Title 2.2  of the Code of Virginia. 
    Members  of the Virginia Code Commission: John  S. Edwards, Chairman; Bill Janis, Vice Chairman; James M.  LeMunyon; Ryan T. McDougle; Robert L. Calhoun; Frank S. Ferguson;  E.M. Miller, Jr.; Thomas M. Moncure, Jr.; Jane M. Roush;  Patricia L. West.
    Staff  of the Virginia Register: Jane  D. Chaffin, Registrar of Regulations; June T. Chandler, Assistant  Registrar.
         
       
                                                        PUBLICATION SCHEDULE AND DEADLINES
Vol. 27 Iss. 8 - December 20, 2010
December 2010 through December 2011
 
  | Volume: Issue | Material Submitted By Noon* | Will Be Published On | 
 
  | 27:8 | December 1, 2010 | December 20, 2010 | 
 
  | 27:9 | December 14, 2010 (Tuesday) | January 3, 2011 | 
 
  | 27:10 | December 28, 2010 (Tuesday) | January 17, 2011 | 
 
  | 27:11 | January 12, 2011 | January 31, 2011 | 
 
  | 27:12 | January 26, 2011 | February 14, 2011 | 
 
  | 27:13 | February 9, 2011 | February 28, 2011 | 
 
  | 27:14 | February 23, 2011 | March 14, 2011 | 
 
  | 27:15 | March 9, 2011 | March 28, 2011 | 
 
  | 27:16 | March 23, 2011 | April 11, 2011 | 
 
  | 27:17 | April 6, 2011 | April 25, 2011 | 
 
  | 27:18 | April 20, 2011 | May 9, 2011 | 
 
  | 27:19 | May 4, 2011 | May 23, 2011 | 
 
  | 27:20 | May 18, 2011 | June 6, 2011 | 
 
  | 27:21 | June 1, 2011 | June 20, 2011 | 
 
  | 27:22 | June 15, 2011 | July 4, 2011 | 
 
  | 27:23 | June 29, 2011 | July 18, 2011 | 
 
  | 27:24 | July 13, 2011 | August 1, 2011 | 
 
  | 27:25 | July 27, 2011 | August 15, 2011 | 
 
  | 27:26 | August 10, 2011 | August 29, 2011 | 
 
  | 28:1 | August 24, 2011 | September 12, 2011 | 
 
  | 28:2 | September 7, 2011 | September 26, 2011 | 
 
  | 28:3 | September 21, 2011 | October 10, 2011 | 
 
  | 28:4 | October 5, 2011 | October 24, 2011 | 
 
  | 28:5 | October 19, 2011 | November 7, 2011 | 
 
  | 28:6 | November 2, 2011 | November 21, 2011 | 
 
  | 28:7 | November 15, 2011 (Tuesday) | December 5, 2011 | 
*Filing deadlines are Wednesdays
unless otherwise specified.
 
   
                                                        PETITIONS FOR RULEMAKING
Vol. 27 Iss. 8 - December 20, 2010
TITLE 12. HEALTH
    STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
    Agency Decision
    Title of Regulation:  12VAC35-115. Rules and Regulations to Assure the Rights of Individuals  Receiving Services from Providers of Mental Health, Mental Retardation and  Substance Abuse Services.
    Statutory Authority: § 37.2-400 of the Code of  Virginia.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Establish  a new regulation requiring state-operated and publicly funded facilities to  physically post Freedom of Information Act (FOIA) information.
    Agency Decision: Take no  action.
    Statement of Reason for Decision:  The request exceeds the scope of 12VAC35-115.
    Agency Contact: Linda B. Grasewicz,  Regulatory Coordinator, Department of Behavioral Health and Developmental  Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone (804) 786-0040,  or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-08; Filed December 6, 2010, 8:59 a.m.
    Agency Decision
    Title of Regulation:  12VAC35-115. Rules and Regulations to Assure the Rights of Individuals  Receiving Services from Providers of Mental Health, Mental Retardation and  Substance Abuse Services.
    Statutory Authority: § 37.2-400 of the Code of  Virginia.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Establish  a new regulation requiring all state mental health facilities, excluding mental  health facilities publicly funded or licensed, to establish a facility  directory and to require the commissioner (or the department's Central Office)  to establish and maintain a master patient directory for all eight state mental  health facilities.
    Agency Decision: Take no  action.
    Statement of Reason for Decision:  The request does not address the protections of individual human rights and  therefore is outside of the scope of the Human Right regulations.
    Agency Contact: Linda B.  Grasewicz, Regulatory Coordinator, Department of Behavioral Health and  Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone  (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-09; Filed December 6. 2010, 9:01 a.m.
    Agency Decision
    Title of Regulation:  12VAC35-115. Rules and Regulations to Assure the Rights of Individuals  Receiving Services from Providers of Mental Health, Mental Retardation and  Substance Abuse Services.
    Statutory Authority: § 37.2-400 of the Code of  Virginia.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Amend  12VAC35-115-30 to add a definition of "acute treatment."
    Agency Decision: Take no  action.
    Statement of Reason for Decision:  The petitioner incorrectly states that 12VAC35-115-110 uses the term,  "acute treatment." The term is not used in the regulations, so there  is no need to have the definition.
    Agency Contact: Linda B.  Grasewicz, Regulatory Coordinator, Department of Behavioral Health and  Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone  (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-06; Filed December 3, 2010, 4:52 p.m.
    Agency Decision
    Title of Regulation:  12VAC35-115. Rules and Regulations to Assure the Rights of Individuals  Receiving Services from Providers of Mental Health, Mental Retardation and  Substance Abuse Services.
    Statutory Authority: § 37.2-400 of the Code of  Virginia.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Amend  12VAC35-115-40 to require the display of information on how to contact people  the provider identifies as accountable for individuals resolving complaints or  exercising FOIA rights for all providers operated or publicly funded by or  through the department.
    Agency Decision: Take no  action.
    Statement of Reason for Decision:  The Human Rights regulations and the Virginia Freedom of Information Act (FOIA)  are two distinctive regulatory processes. The Human Rights regulations are  intended to assure consumer protections of legal, civil, and human rights  related to the receipt of behavioral health and developmental services. FOIA is  intended to ensure citizen access to government records in custody of public  officials and meetings of "public bodies." The request exceeds the  scope of 12VAC35-115.
    Agency Contact: Linda B.  Grasewicz, Regulatory Coordinator, Department of Behavioral Health and  Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone  (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-10; Filed December 3, 2010, 4:54 p.m.
    Agency Decision
    Title of Regulation:  12VAC35-115. Rules and Regulations to Assure the Rights of Individuals  Receiving Services from Providers of Mental Health, Mental Retardation and  Substance Abuse Services.
    Statutory Authority: § 37.2-400 of the Code of  Virginia.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Amend  12VAC35-115-40 B 1 to require all providers to list the people identified for  helping individuals resolve complaints and help with other rights.
    Agency Decision: Take no  action.
    Statement of Reason for Decision:  The Human Rights regulations already require the posting of information as to  how individuals can contact a human rights advocate. Additionally, the  regulations also require that individuals be provided with the name and contact  information of a human rights advocate and a description of the role of the  advocate.
    Agency Contact: Linda B.  Grasewicz, Regulatory Coordinator, Department of Behavioral Health and  Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone  (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-05; Filed December 6, 2010, 8:53 a.m.
    Agency Decision
    Title of Regulation:  12VAC35-115. Rules and Regulations to Assure the Rights of Individuals  Receiving Services from Providers of Mental Health, Mental Retardation and  Substance Abuse Services.
    Statutory Authority: § 37.2-400 of the Code of  Virginia.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Amend  12VAC35-115-90 to include the statement that "clinical findings required  to be stated for denial or limitation of access to service records shall not be  construed as the reason required to be documented or explained under  12VAC35-115-100."
    Agency Decision: Take no  action.
    Statement of Reason for Decision:  This appears to be a practice issue. The stipulations of 12VAC35-115-90 are  based on the requirements of the federal Health Insurance Portability and  Accountability Act (HIPAA), while the provisions of 12VAC35-115-100 relate to  everyday freedoms and have nothing to do with accessing an individual's service  record.
    Agency Contact: Linda B.  Grasewicz, Regulatory Coordinator, Department of Behavioral Health and  Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone  (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-03; Filed December 6, 2010, 8:57 a.m. 
    Agency Decision
    Title of Regulation:  12VAC35-115. Rules and Regulations to Assure the Rights of Individuals  Receiving Services from Providers of Mental Health, Mental Retardation and  Substance Abuse Services.
    Statutory Authority: § 37.2-400 of the Code of  Virginia.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Amend  12VAC35-115-100 A 1 d to add the Internet to the list of resources that an  individual has the right to see, hear, or receive and add an additional  requirement for the provider to document the criteria for removal of  restrictions.
    Agency Decision: Take no  action.
    Statement of Reason for Decision:  Adding the Internet to the list of resources would require every private and public  provider to offer Internet access to individuals receiving services, which may  not even be possible. Adding the Internet to the list would result in  significant additional costs for both public and private providers.
    Agency Contact: Linda B. Grasewicz,  Regulatory Coordinator, Department of Behavioral Health and Developmental  Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone (804) 786-0040,  or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-04; Filed December 3, 2010, 3:54 p.m.
    Agency Decision
    Title of Regulation:  12VAC35-115. Rules and Regulations to Assure the Rights of Individuals  Receiving Services from Providers of Mental Health, Mental Retardation and  Substance Abuse Services.
    Statutory Authority: § 37.2-400 of the Code of  Virginia.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Amend  12VAC35-115-150 to better reflect the requirements of and to reference the  specific section of § 2.2-3700 et seq. of the Code of Virginia (Virginia  Freedom of Information Act) related to closed meeting attendance policies.
    Agency Decision: Take no  action.
    Statement of Reason for Decision:  The board feels that 12VAC35-115-15 accurately reflects and references the  Virginia Freedom of Information Act.
    Agency Contact: Linda B. Grasewicz,  Regulatory Coordinator, Department of Behavioral Health and Developmental  Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone (804) 786-0040,  or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-07; Filed December 3, 2010, 3:56 p.m.
    Agency Decision
    Title of Regulation:  12VAC35-115. Rules and Regulations to Assure the Rights of Individuals  Receiving Services from Providers of Mental Health, Mental Retardation and  Substance Abuse Services.
    Statutory Authority: § 37.2-400 of the Code of  Virginia.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Amend  12VAC35-115-160 to allow the human rights advocate to remove the facility  director from reviewing or appointing a designee to review a complaint when the  human rights advocate makes a finding that the facility director is not willing  and able to render an impartial review of the complaint.
    Agency Decision: Take no  action.
    Statement of Reason for Decision:  12VAC35-115-170 has replaced 12VAC35-115-160. Complaints should be dealt with  at the lowest level possible and should first be directed to the person who  caused the problem and has the power to fix it. This is the director. If not  satisfied, the complainant can then take the concern to the independent Local  Human Rights Committee for a hearing.
    Agency Contact: Linda B.  Grasewicz, Regulatory Coordinator, Department of Behavioral Health and  Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone  (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-12; Filed December 3, 2010, 4:27 p.m.
    Agency Decision
    Title of Regulation:  12VAC35-115. Rules and Regulations to Assure the Rights of Individuals  Receiving Services from Providers of Mental Health, Mental Retardation and  Substance Abuse Services.
    Statutory Authority: § 37.2-400 of the Code of  Virginia.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Amend  12VAC35-115-180 to establish the findings of an abuse allegation as a basis for  a Local Human Rights Committee (LHRC) fact-finding hearing.
    Agency Decision: Take no  action.
    Statement of Reason for Decision:  The proposed change would diminish an individual's right to choose whether an  allegation of abuse should come before the LHRC for a fact finding hearing.  Presently this is a personal decision; the proposed change would make an LHRC  fact-finding hearing mandatory.
    Agency Contact: Linda B.  Grasewicz, Regulatory Coordinator, Department of Behavioral Health and  Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone  (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-13; Filed December 3, 2010, 4:30 p.m.
    Agency Decision
    Title of Regulation:  12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving  Services from Providers of Mental Health, Mental Retardation and Substance  Abuse Services.
    Statutory Authority: § 37.2-400 of the Code of  Virginia.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Amend  12VAC35-115-230 A to include the Virginia Office for Protection and Advocacy as  a required agency to whom providers must report abuse, neglect, and  exploitation allegations.
    Agency Decision: Take no  action.
    Statement of Reason for Decision:  This request exceeds the scope of the Human Rights regulations and would  require a change in the Code of Virginia to implement.
    Agency Contact: Linda B.  Grasewicz, Regulatory Coordinator, Department of Behavioral Health and  Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone  (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-14; Filed December 3, 2010, 4:35 p.m.
    Agency Decision
    Title of Regulation:  12VAC35-115. Rules and Regulations to Assure the Rights of Individuals  Receiving Services from Providers of Mental Health, Mental Retardation and  Substance Abuse Services.
    Statutory Authority: § 37.2-400 of the Code of  Virginia.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Amend 12VAC35-115-250 to  remove the State Human Rights Director (SHRD) and all human rights advocates  from under the authority of the Commissioner.
    Agency Decision: Take no  action.
    Statement of Reason for Decision:  The State Human Rights Director and human rights advocates are part of the  Department of Behavioral Health and Developmental Services (DBHDS) regulatory  process to assure protection of the rights of individuals receiving services.  As department employees, these positions are under the authority of the DBHDS  Commissioner. Making the requested change would require a change in the Code of  Virginia.
    Agency Contact: Linda B.  Grasewicz, Regulatory Coordinator, Department of Behavioral Health and  Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone  (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-11; Filed December 7, 2010, 9:19 a.m.
    Initial Agency Notice
    Title of Regulation:  12VAC35-115. Rules and Regulations to Assure the Rights of Individuals  Receiving Services from Providers of Mental Health, Mental Retardation and  Substance Abuse Services.
    Statutory Authority: § 37.2-400 of the Code of  Virginia.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Amend 12VAC35-115-30  definitions of "restriction" and "seclusion" to define a  distinction between one another.
    Agency's Plan for Disposition of Request: The board will  consider the petition and any comments received at its regularly scheduled  meeting on April 28, 2011.
    Public Comment Deadline: January 10, 2011.
    Agency Contact: Linda B.  Grasewicz, Regulatory Coordinator, Department of Behavioral Health and  Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone  (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-20; Filed December 6, 2010, 12:09 p.m.
    Initial Agency Notice
    Title of Regulation: None  specified.
    Statutory Authority: N/A.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Promulgate new  regulations requiring the Commissioner to request the FOI Advisory Council  assistance in developing a guidance document for bridging the applicable  meeting requirements under §§ 2.2-3702, 2.2-3704.1, 2.2-3707, 2.2-3707.1, 2.2-3708, 2.2-3708.1, 2.2-3710, 2.2-3711, 2.2-3712, 2.2-4007, 2.2-4031, and 2.2-3704 of the Code of Virginia and to define the term "roll call"  as used under § 2.2-3710 of the Code of Virginia.
    Agency's Plan for Disposition of Request: The board will  consider the petition and any comments received at its regularly scheduled  meeting on April 28, 2011.
    Public Comment Deadline: January 10, 2011.
    Agency Contact: Linda B.  Grasewicz, Regulatory Coordinator, Department of Behavioral Health and  Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone  (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-21; Filed December 6, 2010, 11:17 a.m.
    Initial Agency Notice
    Title of Regulation: None  specified.
    Statutory Authority: N/A.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Establish new  regulations requiring a FOI Advisory Council study on what groupings within  Department of Behavioral Health and Developmental Services constitute public  bodies; and what convenings do and do not constitute a meeting under  § 2.2-3701 of the Code of Virginia.
    Agency's Plan for Disposition of Request: The board will  consider the petition and any comments received at its regularly scheduled  meeting on April 28, 2011.
    Public Comment Deadline: January 10, 2011.
    Agency Contact: Linda B.  Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental  Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone (804) 786-0040,  or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-22; Filed December 6, 2010, 11:45 a.m.
    Initial Agency Notice
    Title of Regulation: None  specified.
    Statutory Authority: N/A.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Establish new  regulations that mandate mental health consumers receiving inpatient  hospitalization, outpatient treatment, or both; and have access to meetings of  the State Board; State Human Rights Committee (SHRC); and all Local Human  Rights Committees (LHRCs) via electronic video/tele-conference pursuant to  § 2.2-3708 and § 2.2-3708.1 of the Code of Virginia.
    Agency's Plan for Disposition of Request: The board will  consider the petition and any comments received at its regularly scheduled  meeting on April 28, 2011.
    Public Comment Deadline: January 10, 2011.
    Agency Contact: Linda B.  Grasewicz, Regulatory Coordinator, Department of Behavioral Health and  Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone  (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-23; Filed December 6, 2010, 12:05 p.m.
     
         
       
                                                        
                                                        
                                                        REGULATIONS
Vol. 27 Iss. 8 - December 20, 2010
TITLE 1. ADMINISTRATION
STATE BOARD OF ELECTIONS
Proposed Regulation
    Title of Regulation: 1VAC20-40. Voter Registration (adding 1VAC20-40-70). 
    Statutory Authority: § 24.2-103 of the Code of  Virginia.
    Public Hearing Information: No public hearings are  scheduled. 
    Public Comments: Public comments may be submitted until  January 10, 2011.
    Agency Contact: Martha Brissette, Policy Analyst, State  Board of Elections, 1100 Bank St., Richmond, VA 23219, telephone (804)  864-8925, FAX (804) 786-0760, or email martha.brissette@sbe.virginia.gov.
    Summary:
    In 2009 the State Board of Elections undertook an in-depth  review of its policies and reaffirmed those policies identified as stating  current rules with which general registrars and electoral boards must comply.  This regulation restates the board policies so identified as regulations for  publication in the Virginia Administrative Code where they will be more  accessible to the public and the election community. The regulation restatement  is based on board policies 2006-008, 2006-002, 2001-007, 1971-001, and  1970-001. The regulation sets forth requirements regarding the voter  registration application form and signature; details standards to assist local  election officials in determining what omissions on a voter registration  application are not material and when to attempt to obtain certain missing  information; and provide persons identified as noncitizens with an opportunity  to affirm United States citizenship.
    1VAC20-40-70. Applications for voter registration;  affirmation of United States citizenship.
    A. Form and signature. 
    1. Applications for voter  registration shall be on a form approved by the State Board of Elections or  appropriate federal agency.
    2. Applications for voter registration must be signed by  the applicant or the name and address of the assistant entered on the signature  line for an applicant with a physical disability.
    B. Material omissions on applications for voter  registration in general. The following omissions are not material if any of the  following, or combination thereof, exists:
    1. Daytime telephone number;
    2. Description of a rural address; 
    3. Mailing address different from residence address; 
    4. Date of the application; 
    5. Whether the applicant is interested in working as an election  official; 
    6. Whether the applicant requests to have his residence  address excluded from published lists; 
    7. Whether the applicant has a disability that requires  accommodation in order to vote; or
    8. Gender.
    C. Material omissions from applications for voter  registration on a Federal Post Card Application or Federal Write-in Absentee  Ballot. The following omissions are not material:
    1. Service identification number, rank, grade, or rate on  an application that declares active duty military status. 
    2. Employer name and address on an application that  declares temporary overseas residence with no date of last residence. 
    3. Employer name and address on an application that  declares temporary overseas residence with a date of last residence. If  practicable, the general registrar should inform the applicant that eligibility  for full ballots requires providing the name and address of an employer outside  the United States. 
    4. Date of last residence on an application that declares  indefinite overseas residence. The date of last residence for an application  declaring indefinite overseas residence without indicating a date of last  residence in the United States shall be the date the application is signed.
    D. Middle name may be material to determining eligibility  to vote. If the applicant does not include a middle name the registrar shall:
    1. As far as practical, attempt to contact the applicant  and obtain his middle name or lack thereof to determine if the application is  complete.
    2. If the applicant indicates that he has no middle name,  the registrar shall process the application.
    3. If the applicant indicates that he has a middle name,  the registrar shall inform the applicant that the middle name is required, deny  the application, and send the applicant a new application.
    4. If the registrar is unable to contact the applicant and  therefore unable to determine if the application is incomplete, he shall give  the benefit of doubt to the applicant and process the application.
    E. Except for gender, the general registrar, if  practicable, shall attempt to contact the applicant and obtain the missing  information requested on an application for voter registration that is not  material to determining eligibility to vote. If the general registrar obtains  any missing information, he shall write the information, his name, and the date  on the reverse side of the application for voter registration to indicate that  the alteration was made by the general registrar. 
    F. A general registrar shall not change information  provided by an applicant on an application for voter registration without  written authorization signed by the applicant.
    G. Persons identified as noncitizens in reports from the  Department of Motor Vehicles shall have the opportunity to affirm United States  citizenship status using any approved voter registration application or other  form containing the required affirmation. The State Board of Elections shall  automate the process for requesting affirmation of United States citizenship  prior to cancellation.
    H. For cases not covered by this section, the general  registrar in consultation with the electoral board and State Board of Elections  staff shall determine materiality on a case-by-case basis that may result in  further amendment of this regulation.
        REGISTRAR'S NOTICE: The  following forms used in administering the regulation have been filed by the  State Board of Elections. The forms are not being published; however, the name  of each form is listed below and hyperlinks to the actual form. Online users of  this issue of the Virginia Register of Regulations may access the form by  clicking on the name of the form. The forms are also available for public  inspection at the State Board of Elections, 1100 Bank Street, Richmond, VA, or  at the Office of the Registrar of Regulations, General Assembly Building, 2nd  Floor, Richmond, Virginia 23219.
         FORMS (1VAC20-40)
    Virginia  Voter Registration Application Form, VA-NVRA-1 (rev. 2/10).
    National  Voter Registration Application Form, Register to Vote in Your State by  Using this Postcard Form and Guide (rev. 3/06).
    Federal  Post Card Application, Standard Form 76A (rev. 10/05).
    Federal  Write-In Absentee Ballot, Standard Form 186A (rev. 10/05).
    VA.R. Doc. No. R11-2626; Filed December 1, 2010, 9:50 a.m. 
TITLE 1. ADMINISTRATION
STATE BOARD OF ELECTIONS
Final Regulation
    Title of Regulation: 1VAC20-70. Absentee Voting (adding 1VAC20-70-10, 1VAC20-70-20). 
    Statutory Authority: § 24.1-103 of the Code of  Virginia.
    Effective Date: Effective upon the filing of the notice  of the U.S. Attorney General's preclearance with Registrar of Regulations.
    Agency Contact: Peter Goldin, Policy Analyst, State  Board of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804)  864-8930, FAX (804) 786-0760, or email peter.goldin@sbe.virginia.gov.
    Summary:
    This regulation details standards to assist local election  officials in determining whether absentee ballots may be counted by  distinguishing what omissions are always material and require that the ballot  be treated as void or invalid from those that are not material.
    CHAPTER 70
  ABSENTEE VOTING
    1VAC20-70-10. (Reserved.)
    1VAC20-70-20. Material omissions from absentee ballots.
    A. Pursuant to the requirements of § 24.2-706 of the  Code of Virginia, a timely received absentee ballot contained in an [ " ]  Envelope B [ " ] should not be rendered  invalid if it contains an error or omission not material to its proper  processing.
    B. The following omissions are always material and any  Envelope B containing such omissions should be rendered invalid if [ any  of the following, or combination thereof, exists ]:
    1. The voter [ has did ]  not [ included include ] his full  legal name in any order;
    2. The voter [ has only included  did not include ] his first name;
    3. The voter [ has only included  did not include ] his last name;
    [ 4. The voter has not provided his house number,  street name, and city of residence; 
    5. 4. ] The voter [ has  did ] not [ signed sign ] the  Envelope B;
    [ 6. 5. ] The [ voter  has not had his voter's ] witness [ did not ]  sign the Envelope B; [ or ] 
    [ 7. 6. ] The ballot is not  submitted either enclosed in or attached to the Envelope B [ ; or
    8. Any combination of the omissions in subdivisions 1 to  7 of this subsection exists ].
    C. The ballot should not be rendered invalid if on the  Envelope B:
    1. The voter has omitted his middle name;
    2. The voter has used a maiden name instead of a middle  name;
    3. The voter has used his middle initial instead of his  full middle name;
    4. The voter has used a nickname that is a derivative of  his legal name instead of his first name ("Bob" instead of  "Robert");
    5. The voter has not provided his residential street  identifier (Street, Drive, etc.);
    6. The voter has not provided his residential zip code;
    7. The voter has not provided the date or has only provided  a partial date on which the absentee ballot was completed;
    8. The signature of the voter is illegible; or
    9. The signature of the witness is illegible.
    [ D. Notwithstanding subsections B 1 through B 3 of  this section, if the voter's identification can be ascertained by information  provided on the outside or inside envelope, or by any preprinted information  provided by the electoral board or general registrar, then the ballot should  not be rendered invalid. ] 
    VA.R. Doc. No. R11-2443; Filed November 29, 2010, 8:06 a.m. 
TITLE 1. ADMINISTRATION
STATE BOARD OF ELECTIONS
Proposed Regulation
    Title of Regulation: 1VAC20-70. Absentee Voting (adding 1VAC20-70-10, 1VAC20-70-40,  1VAC20-70-50). 
    Statutory Authority: § 24.2-103 of the Code of  Virginia.
    Public Hearing Information: No public hearings are  scheduled. 
    Public Comment Deadline: January 10, 2011.
    Agency Contact: Martha Brissette, Policy Analyst, State  Board of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804)  864-8925, FAX (804) 786-0760, or email martha.brissette@sbe.virginia.gov.
    Summary: 
    The proposed regulation defines "application for an  absentee ballot" and "temporary federal only ballot overseas  voter"; establishes alternative counting procedures for absentee ballots;  and provides that an application on any version of an approved absentee ballot  application form will be accepted based on the laws in effect at the time of  the election for which the voter is applying.
    CHAPTER 70
  ABSENTEE VOTING
    1VAC20-70-10. Definitions.
    "Application for an absentee ballot" means an  application for an absentee ballot submitted on any form approved for that  purpose according to federal and state laws. The term includes a Virginia  Absentee Ballot Application (SBE-701), a Virginia Annual Absentee Ballot  Application (SBE-703.1), and a Federal Post Card Application (SF-76A). A  Federal Write-In Absentee Ballot (SF-186A) is an absentee ballot application  only for the voted ballot being submitted and is not an application for future  elections.
    "Envelope B" means the envelope required by  § 24.2-706 of the Code of Virginia which identifies the voter.
    "Temporary federal only ballot overseas voter"  means a United States citizen residing outside the United States indefinitely  who has not provided his last date of residence in Virginia. The date the  applicant has provided next to his affirmation will serve as his last date of  residence.
    1VAC20-70-40. Alternative counting procedures.
    An electoral board that approves use of alternative  procedures for counting absentee ballots under § 24.2-709.1 of the Code of  Virginia shall ensure that:
    1. The general registrar staff assigned follow all  previously prescribed instructions for processing and verifying absentee  ballots.
    2. All absentee ballots are secured at the end of each day  following principles of dual control and chain of custody.
    3. The general registrar staff assigned follow carefully  all the requirements of § 24.2-709.1 of the Code of Virginia, including  the requirement that at least two officers of election, one representing each  party, be present during all hours that the expedited procedures are used.
    4. Notice is given to the local political party chairs of  the times and places for processing absentee ballots in sufficient time to  allow for the authorized party representatives to be present.
    1VAC20-70-50. Version; applicable law.
    An application on any version of an approved absentee  ballot application form shall be accepted based on the laws in effect at the  time of the election for which the voter is applying.
        REGISTRAR'S NOTICE: The  following forms used in administering the regulation have been filed by the  State Board of Elections. The forms are not being published; however, the name  of each form is listed below and hyperlinks to the actual form. Online users of  this issue of the Virginia Register of Regulations may access the form by  clicking on the name of the form. The forms are also available for public  inspection at the State Board of Elections, 1100 Bank Street, Richmond, VA  23219, or at the Office of the Registrar of Regulations, General Assembly  Building, 2nd Floor, Richmond, Virginia 23219.
         FORMS (1VAC20-70)
    Absentee  Ballot Application Form, SBE-701 (rev. 7/10).
    Annual  Absentee Ballot Application, SBE-703.1 (rev. 1/10).
    Federal  Post Card Application, Registration and Absentee Ballot Request, Standard Form  76A (rev. 10/05).
    Federal  Write-In Absentee Ballot and Instructions, Standard Form 186A (rev. 10/05).
    Envelope  B for Statement of UOCAVA Absentee Voter, 42 USC 1973ff-1(b) (rev. 5/04).
    Envelope  B for Statement of Absentee Voter, SBE 706-2 (rev. 7/03).
    VA.R. Doc. No. R11-2686; Filed December 1, 2010, 10:32 a.m. 
TITLE 1. ADMINISTRATION
STATE BOARD OF ELECTIONS
Proposed Regulation
    Title of Regulation: 1VAC20-70. Absentee Voting (adding 1VAC20-70-30). 
    Statutory Authority: § 24.2-103 of the Code of  Virginia.
    Public Hearing Information: No public hearings are  scheduled. 
    Public Comment Deadline: January 10, 2011.
    Agency Contact: Martha Brissette, State Board of  Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 864-8925, or  email martha.brissette@sbe.virginia.gov.
    Summary:
    This proposed regulation details standards to assist local  election officials in determining whether a write-in ballot on a Federal  Write-In Absentee Ballot (Form SF-186A) may be counted by distinguishing what  omissions are always material and thereby invalidate the ballot from those that  are not material. 
    CHAPTER 70
  ABSENTEE VOTING
    1VAC20-70-30. Material omissions from Federal Write-In  Absentee Ballots.
    A. Pursuant to the requirements of §§ 24.2-702.1 and 24.2-706 of the Code of Virginia, a timely received write-in absentee ballot on  a Federal Write-In Absentee Ballot (FWAB) (Form SF-186A) should not be rendered  invalid if it contains an error or omission not material to determining the  eligibility of the applicant to vote in the election in which he offers to  vote.
    B. If the applicant is not registered, the FWAB may not be  accepted as timely for registration unless the applicant has met the applicable  registration deadline. Section 24.2-419 of the Code of Virginia extends the  mail registration deadline for certain military applicants. All applicants are  subject to the absentee application deadline in § 24.2-701 of the Code of  Virginia.
    C. The following omissions are always material and any  FWAB containing such omissions should be rendered invalid if any of the  following, or combination thereof, exists: 
    1. The applicant has omitted the signature of the voter or  the notation of an assistant in the voter signature box that the voter is  unable to sign; 
    2. The applicant has omitted the signature of the witness; 
    3. The applicant did not include the  declaration/affirmation page; 
    4. The applicant omitted from the declaration/affirmation  information required by § 24.2-702.1 of the Code of Virginia needed to  determine eligibility including, but not limited to, current military or  overseas address.
    D. The ballot should not be rendered invalid if on the  FWAB any of the following, or combination thereof, exists: 
    1. The applicant has not listed the names specifically in  the order of last, first, and middle name;
    2. The applicant has listed a middle initial or maiden  name, instead of the full middle name;
    3. The applicant has omitted the street identifier, such as  the term "road" or "street" when filling in the legal  residence;
    4. The applicant has omitted the county or city of  registration if the county or city is clearly identifiable by the residence  address information provided;
    5. The applicant has omitted the zip code;
    6. The applicant has omitted the date of the signature of  the voter;
    7. The applicant has omitted the address of the witness;
    8. The applicant has omitted the date of signature of the  witness;
    9. The applicant has omitted a security envelope; or
    10. The applicant has submitted a ballot containing offices  or issues for which he is not eligible.
    VA.R. Doc. No. R11-2685; Filed December 1, 2010, 11:03 a.m. 
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
    Title of Regulation: 4VAC20-620. Pertaining to Summer  Flounder (amending 4VAC20-620-20, 4VAC20-620-40). 
    Statutory Authority: § 28.2-201 of the Code of  Virginia.
    Effective Date: December 1, 2010. 
    Agency Contact: Jane Warren, Agency Regulatory  Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor,  Newport News, VA 23607, telephone (757) 247-2248, FAX (575) 247-2002, or email  betty.warren@mrc.virginia.gov.
    Summary: 
    The amendments redefine "land" or  "landing" and set a possession and landing limit of 200 pounds from  January 1 through December 31 of each year, on any boat or vessel issued a  valid federal Summer Flounder moratorium permit and owned and operated by a  legal Virginia commercial hook-and-line licensee that possesses a Restricted  Summer Flounder Endorsement, except as described in 4VAC20-620-30 F.
    4VAC20-620-20. Definitions. 
    The following words and terms when used in this chapter shall  have the following meanings unless the context indicates otherwise: 
    "Chesapeake Bay and its tributaries" means all  tidal waters of Virginia, including the Potomac River tributaries but excluding  the coastal area as defined in this section. 
    "Coastal area" means the area that includes  Virginia's portion of the Territorial Sea and all of the creeks, bays, inlets,  and tributaries on the seaside of Accomack County, Northampton County,  including areas east of the causeway from Fisherman Island to the mainland and  the City of Virginia Beach, including federal areas and state parks fronting on  the Atlantic Ocean and east and south of the point where the shoreward boundary  of the Territorial Sea joins the mainland at Cape Henry. 
    "Land" or "landing" means to offload  or attempt to offload finfish, shellfish, crustaceans or other marine seafood  (i) enter port with finfish, shellfish, crustaceans, or other marine seafood  on board any boat or vessel; (ii) begin offloading finfish, shellfish,  crustaceans, or other marine seafood; or (iii) offload finfish, shellfish, crustaceans,  or other marine seafood.
    "Potomac River tributaries" means all the  tributaries of the Potomac River that are within Virginia's jurisdiction  beginning with, and including, Flag Pond, thence upstream to the District of  Columbia boundary. 
    "Safe harbor" means that a vessel has been  authorized by the commissioner to enter Virginia waters from federal waters  solely to either dock temporarily at a Virginia seafood buyer's place of  business or traverse the Intracoastal Waterway from Virginia to North Carolina.  
    4VAC20-620-40. Commercial vessel possession and landing  limitations.
    A. It shall be unlawful for any person harvesting Summer  Flounder outside of Virginia's waters to do any of the following, except as  described in subsections B, C, and C D of this section:
    1. Possess aboard any vessel in Virginia waters any amount of  Summer Flounder in excess of 10% by weight of Atlantic croaker or the combined  landings, on board a vessel, of black sea bass, scup, squid, scallops,  and Atlantic mackerel.
    2. Possess aboard any vessel in Virginia waters any amount of  Summer Flounder in excess of 1,500 pounds landed in combination with Atlantic  croaker.
    3. Fail to sell the vessel's entire harvest of all species at  the point of landing.
    B. From the last Monday in February through the day preceding  the last Monday in November, or until it has been projected and announced that  85% of the allowable landings have been taken, it shall be unlawful for any  person harvesting Summer Flounder outside of Virginia waters to do any of the  following:
    1. Possess aboard any vessel in Virginia waters any amount of  Summer Flounder in excess of 15,000 pounds. 
    2. Land Summer Flounder in Virginia for commercial purposes  more than twice during each consecutive 12-day period, with the first 12-day  period beginning on the last Monday in February. 
    3. Land in Virginia more than 7,500 pounds of Summer Flounder  during each consecutive 12-day period, with the first 12-day period beginning  on the last Monday in February.
    4. Land in Virginia any amount of Summer Flounder more than  once in any consecutive five-day period. 
    C. From the last Monday in November through December 31 of  each year, or until it has been projected and announced that 85% of the  allowable landings have been taken, it shall be unlawful for any person  harvesting Summer Flounder outside of Virginia waters to do any of the  following: 
    1. Possess aboard any vessel in Virginia waters any amount of  Summer Flounder in excess of 15,000 pounds. 
    2. Land Summer Flounder in Virginia for commercial purposes  more than twice during each consecutive 12-day period, with the first 12-day  period beginning on the last Monday in November. 
    3. Land in Virginia more than a total of 7,500 pounds of  Summer Flounder during each consecutive 12-day period, with the first 12-day  period beginning on the last Monday in November. 
    4. Land in Virginia any amount of Summer Flounder more than  once in any consecutive five-day period.
    D. From January 1 through December 31 of each year, any  boat or vessel issued a valid federal Summer Flounder moratorium permit and  owned and operated by a legal Virginia Commercial Hook-and-Line Licensee that  possesses a Restricted Summer Flounder Endorsement shall be restricted to a  possession and landing limit of 200 pounds of Summer Flounder, except as  described in 4VAC20-620-30 F.
    D. E. Upon request by a marine police officer,  the seafood buyer or processor shall offload and accurately determine the total  weight of all Summer Flounder aboard any vessel landing Summer Flounder in  Virginia.
    E. F. Any possession limit described in this  section shall be determined by the weight in pounds of Summer Flounder as  customarily packed, boxed and weighed by the seafood buyer or processor. The  weight of any Summer Flounder in pounds found in excess of any possession limit  described in this section shall be prima facie evidence of violation of this  chapter. Persons in possession of Summer Flounder aboard any vessel in excess  of the possession limit shall be in violation of this chapter unless that vessel  has requested and been granted safe harbor. Any buyer or processor offloading  or accepting any quantity of Summer Flounder from any vessel in excess of the  possession limit shall be in violation of this chapter, except as described by  subsection H I of this section. A buyer or processor may accept  or buy Summer Flounder from a vessel that has secured safe harbor, provided  that vessel has satisfied the requirements described in subsection H I  of this section. 
    F. G. If a person violates the possession limits  described in this section, the entire amount of Summer Flounder in that  person's possession shall be confiscated. Any confiscated Summer Flounder shall  be considered as a removal from the appropriate commercial harvest or landings  quota. Upon confiscation, the marine police officer shall inventory the  confiscated Summer Flounder and, at a minimum, secure two bids for purchase of  the confiscated Summer Flounder from approved and licensed seafood buyers. The  confiscated fish will be sold to the highest bidder and all funds derived from  such sale shall be deposited for the Commonwealth pending court resolution of  the charge of violating the possession limits established by this chapter. All  of the collected funds will be returned to the accused upon a finding of  innocence or forfeited to the Commonwealth upon a finding of guilty. 
    G. H. It shall be unlawful for a licensed  seafood buyer or federally permitted seafood buyer to fail to contact the  Marine Resources Commission Operation Station prior to a vessel offloading  Summer Flounder harvested outside of Virginia. The buyer shall provide to the  Marine Resources Commission the name of the vessel, its captain, an estimate of  the amount in pounds of Summer Flounder on board that vessel, and the  anticipated or approximate offloading time. Once offloading of any vessel is  complete and the weight of the landed Summer Flounder has been determined, the  buyer shall contact the Marine Resources Commission Operations Station and  report the vessel name and corresponding weight of Summer Flounder landed. It  shall be unlawful for any person to offload from a boat or vessel for  commercial purposes any Summer Flounder during the period of 6 p.m. to 7 a.m. 
    H. I. Any boat or vessel that has entered  Virginia waters for safe harbor shall only offload Summer Flounder when the  state that licenses that vessel requests to transfer quota to Virginia, in the  amount that corresponds to that vessel's possession limit, and the commissioner  agrees to accept that transfer of quota. 
    I. J. After any commercial harvest or landing  quota as described in 4VAC20-620-30 has been attained and announced as such,  any boat or vessel possessing Summer Flounder on board may enter Virginia  waters for safe harbor but shall contact the Marine Resources Commission  Operation Center in advance of such entry into Virginia waters. 
    J. K. It shall be unlawful for any person  harvesting Summer Flounder outside of Virginia waters to possess aboard any  vessel, in Virginia, any amount of Summer Flounder, once it has been projected  and announced that 100% of the quota described in 4VAC20-620-30 A has been  taken.
    VA.R. Doc. No. R11-2648; Filed November 29, 2010, 3:53 p.m. 
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
    Title of Regulation: 4VAC20-920. Pertaining to  Landing Licenses (amending 4VAC20-920-20, 4VAC20-920-40). 
    Statutory Authority: §§ 28.2-201 and 28.2-228.1 of  the Code of Virginia.
    Effective Date: December 1, 2010. 
    Agency Contact: Jane Warren, Agency Regulatory Coordinator,  Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,  VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email  betty.warren@mrc.virginia.gov.
    Summary:
    The amendments set the eligibility criteria to obtain a  Restricted Summer Flounder Endorsement License.
    4VAC20-920-20. Definitions. 
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Land" or "landing" means to (i)  enter port with finfish, shellfish, crustaceans, or other marine seafood  on board any boat or vessel, to; (ii) begin offloading finfish,  shellfish, crustaceans, or other marine seafood,; or to  (iii) offload finfish, shellfish, crustaceans, or other marine seafood. 
    4VAC20-920-40. Summer Flounder endorsement license Endorsement  License, Restricted Summer Flounder Endorsement License, and exemption. 
    A. It shall be unlawful for any boat or vessel to land Summer  Flounder in Virginia for commercial purposes, without first obtaining a  Seafood Landing License as described in 4VAC20-920-30 and a Summer Flounder  Endorsement License or possessing a Restricted Summer Flounder Endorsement  License. The Summer Flounder Endorsement License shall be required of each  boat or vessel used to land Summer Flounder for commercial purposes. Possession  of any quantity of Summer Flounder which exceeds the possession limit,  described in 4VAC20-620-60, shall be presumed to be for commercial purposes.  Any boat or vessel so licensed shall display a Summer Flounder Endorsement  License decal, provided by the Virginia Marine Resources Commission. The decals  shall be displayed on both the port and starboard sides of the pilot house. 
    B. It shall be unlawful for any buyer of seafood to receive  any Summer Flounder from any boat or vessel which is not licensed for the  landing of Summer Flounder unless that boat or vessel is exempt from the  requirement to obtain a Seafood Landing License and a Summer Flounder  Endorsement License as described in 4VAC20-920-30 and this section. 
    C. Any boat or vessel that is both owned and operated by a  person who holds a valid Virginia Commercial Fisherman Registration License and  is used solely for fishing for summer flounder only in Virginia waters shall be  exempt from the requirement to obtain a Summer Flounder Endorsement License. 
    D. Any boat or vessel operated by a person harvesting and  landing marine seafood from the Potomac River who holds a valid Potomac River  Fisheries Commission commercial license shall be exempt from the requirement to  obtain a Summer Flounder Endorsement License. 
    E. Any boat or vessel operated by a person harvesting and  landing marine seafood from leased ground or reharvesting marine seafood as  part of the relay process shall be exempt from the requirements to obtain a  Summer Flounder Endorsement License. 
    F. To be eligible for a Summer Flounder Endorsement License  the boat or vessel shall have landed and sold at least 500 pounds of Summer  Flounder in Virginia in at least one year during the period of 1993 through  1995. 
    1. The owner shall complete an application for each boat or  vessel by providing to the commission a notarized and signed statement of  applicant's name, address, telephone number, boat or vessel name, and  registration or documentation number and a copy of the vessel's federal Summer  Flounder moratorium permit. 
    2. The owner shall complete a notarized authorization to allow  the commission to obtain copies of landings data from the National Marine  Fisheries Service. 
    G. To be eligible for a Restricted Summer Flounder  Endorsement License (RSFEL), a person must be a legal Virginia Commercial  Hook-and-Line Licensee and own a vessel issued a valid federal Summer Flounder  moratorium permit. The person shall complete an application for the RSFEL by providing  to the commission a notarized and signed statement of his name, address,  telephone number, boat or vessel name, and its registration or documentation  number, as well as a copy of that vessel's federal Summer Flounder moratorium  permit.
    G. H. Effective February 24, 2004, any vessel  eligible for a Summer Flounder Endorsement License shall be considered a  baseline vessel, and that vessel's total length and gross tonnage shall be used  to determine eligibility for all future transfers of that Summer Flounder  Endorsement License. A Summer Flounder Endorsement License may be transferred  from one vessel to another vessel that is entering the Summer Flounder fishery,  provided the vessel receiving the Summer Flounder Endorsement License does not  exceed, by more than 10%, the total length and gross tonnage of the baseline  vessel that held that Summer Flounder Endorsement License on February 24, 2004.  
    VA.R. Doc. No. R11-2647; Filed November 29, 2010, 3:51 p.m. 
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
    Title of Regulation: 4VAC20-995. Pertaining to  Commercial Hook-And-Line Fishing (amending 4VAC20-995-20, 4VAC20-995-30; adding  4VAC20-995-15). 
    Statutory Authority: §§ 28.2-201 and 28.2-204.1 of  the Code of Virginia.
    Effective Date: December 1, 2010. 
    Agency Contact: Jane Warren, Agency Regulatory  Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor,  Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email  betty.warren@mrc.virginia.gov.
    Summary:
    The amendments (i) define "year" as a calendar  year, (ii) limit the number of registered crew members to 15, and (iii) limit  the number of times the crew member list may be changed in any year to once per  year. 
    4VAC20-995-15. Definition.
    The following word when used in this chapter shall have  the following meaning unless the context indicates otherwise:
    "Year" means a calendar year.
    4VAC20-995-20. Entry limitation; catch restrictions; transfers.
    A. The sale of commercial hook-and-line licenses shall be  limited to registered commercial fishermen meeting either of the following two  requirements, except as provided by subsection B of this section: 
    1. The fisherman shall have held a 1996 commercial  hook-and-line license or a 1997 commercial hook-and-line license that was  purchased prior to August 26, 1997, provided the fisherman has reported sales  of at least 1,000 pounds of seafood during the course of the previous two years  as documented by the commission's mandatory harvest reporting program. 
    2. The fisherman shall hold a valid and current striped bass  permit issued by the Marine Resources Commission. 
    B. The fisherman otherwise qualified under subdivision A 1 of  this section shall have been granted an exemption from the requirement to  report sales of at least 1,000 pounds of seafood during the course of the  previous two years as documented by the commission's mandatory harvest  reporting system. 
    1. Exemptions shall be solely based solely only  on documented medical hardships or active military leave that prevented the  fisherman from fully satisfying the requirements described in subdivision A 1  of this section. 
    2. Exemptions may only be granted by the commissioner or his  designee. 
    C. The maximum number of general hook-and-line licenses is  established as 200 and includes those fishermen who either satisfy the  provisions of subdivision A 1 of this section or are registered commercial  fishermen who have reported sales of at least 1,000 pounds of seafood during  the course of the previous two years, as documented by the commission's  mandatory harvest reporting program, chosen by random drawing, to be held  annually, should the number of licensees at the start of any year be less than  200. 
    D. A random drawing for available commercial hook-and-line  licenses shall be held annually should the number of licensees at the start of  any year be less than 200. Commercial Fisherman Registration Licensees who have  reported sales of at least 1,000 pounds of seafood harvest during the course of  the previous two years by the 5th day of January as documented by the  commission's mandatory harvest reporting program, but who do not currently  possess a hook-and-line license, shall be eligible for the random drawing.
    D. E. Persons who are eligible to purchase a  commercial hook-and-line license by meeting the provisions of subdivision A 2  of this section may take only striped bass by commercial hook and line. 
    E. F. Any person licensed for commercial hook  and line under the provisions of subdivision A 1 of this section may transfer  such license to any registered commercial fisherman, provided that the  transferee shall have documented, through the commission's mandatory harvest  reporting program, the sale of at least 1,000 pounds of seafood during the  course of the previous two years. Transfer of licenses between family members  shall be exempt from this requirement. All transfers shall be documented on the  form provided by the Marine Resources Commission and approved by the Marine  Resources Commissioner. Upon approval, the person entering the commercial  hook-and-line fishery shall purchase a commercial hook-and-line license in his  own name. No commercial hook-and-line license shall be transferred more than  once per calendar year.:
    1. The transferee has a Commercial Fisherman Registration  License.
    2. The transferee has reported sales of at least 1,000  pounds of seafood harvest during the course of the previous two years by the  5th day of January, as documented by the commission's mandatory harvest  reporting program.
    3. All transfers shall be documented on a form provided by  the Marine Resources Commission and approved by the Marine Resources  Commissioner or his designee. Upon approval, the person entering the commercial  hook-and-line fishery shall purchase a commercial hook-and-line license in his  own name.
    4. Transfers of commercial hook-and-line licenses between  family members shall be exempt from the requirements provided in subdivision 2  of this subsection.
    5. No commercial hook-and-line license shall be transferred  more than once per calendar year.
    4VAC20-995-30. Prohibitions. 
    A. It shall be unlawful for any person licensed under the  provisions of 4VAC20-995-20 A 1 or 2 as a commercial hook-and-line fisherman to  do any of the following unless otherwise specified: 
    1. Fail to be on board the vessel when that vessel is  operating in a commercial hook-and-line fishing capacity. 
    2. Have more than three crew members, who need not be  registered commercial fishermen, on board provided that: 
    a. Crew members shall be registered with the commission on an  annual basis and in advance of any fishing in any year; except that one crew  member per vessel need not be registered; and 
    b. The maximum number of crew members registered at any one  time shall be 15; and
    b. c. Any crew registration list submitted by  any commercial hook-and-line fishermen fisherman may be revised twice  once per year. 
    3. Fail to display prominently the commercial hook-and-line  license plates, as provided by the commission, on the starboard and port sides  of the vessel. 
    4. Fish within 300 yards of any bridge, bridge-tunnel, jetty  or pier from 6 p.m. Friday through 6 p.m. Sunday. 
    5. Fish within 300 yards of any fixed fishing device. 
    6. Harvest black drum within 300 yards of the Chesapeake  Bay-Bridge-Tunnel at any time. 
    7. Fish recreationally on any commercial hook and line vessel  during a commercial fishing trip. 
    8. Use any hydraulic fishing gear or deck-mounted fishing  equipment. 
    9. Use any fishing rod and reel or hand line equipped with  more than six hooks. 
    10. Fish commercially with hook and line aboard any vessel  licensed as a charter boat or head boat while carrying customers for  recreational fishing. 
    B. It shall be unlawful for any person to use a commercial  hook and line within 300 feet of any bridge, bridge-tunnel, jetty, or pier  during Thanksgiving Day and the following day or during any open recreational  striped bass season in the Chesapeake Bay and its tributaries, except during  the period midnight Sunday through 6 a.m. Friday. 
    FORMS (4VAC20-995)
    Commercial  Hook-and-Line License Transfer Application (rev. 12/08).
    VA.R. Doc. No. R11-2650; Filed November 29, 2010, 3:54 p.m. 
TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Final Regulation
        REGISTRAR'S NOTICE: The  State Board of Education is claiming an exemption from the Administrative  Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia,  which excludes regulations that are necessary to conform to changes in Virginia  statutory law where no agency discretion is involved. The State Board of  Education will receive, consider, and respond to petitions from any interested  person at any time with respect to reconsideration or revision.
         Titles of Regulations: 8VAC20-22. Licensure  Regulations for School Personnel (amending 8VAC20-22-110).
    8VAC20-542. Regulations Governing the Review and Approval of  Education Programs in Virginia (amending 8VAC20-542-70, 8VAC20-542-100,  8VAC20-542-110, 8VAC20-542-120, 8VAC20-542-330). 
    Statutory Authority: §§ 22.1-298.1 and 22.1-298.2  of the Code of Virginia.
    Effective Date: January 19, 2011. 
    Agency Contact: Patty Pitts, Assistant Superintendent,  Teacher Licensure, Department of Education, P.O. Box 2120, Richmond, VA 23218,  telephone (804) 371-2522, or email patty.pitts@doe.virginia.gov.
    Summary: 
    This regulatory action implements Chapter 814 of the 2010  Acts of Assembly that required the Board of Education to amend its regulations  to require any individual seeking renewal of a license with an endorsement in  early/primary preK-3, elementary education preK-6, middle education 6-8,  history and social sciences, history, or political science to complete study of  the structures, function, and powers of state and local government of Virginia  and the importance of citizen participation in the political process in state  and local government of Virginia. The study may be satisfactorily completed  using any applicable option described in the Virginia Licensure Renewal Manual.  This requirement shall be met one time for the individual's next renewal after  July 1, 2012. 
    8VAC20-22-110. Requirements for renewing a license.
    A. The Division Superintendent, Postgraduate Professional,  Collegiate Professional, Technical Professional, Pupil Personnel Services, and  School Manager Licenses may be renewed upon the completion of 180 professional  development points within a five-year validity period based on an  individualized professional development plan that includes ongoing, sustained,  and high-quality professional development.
    B. Virginia public school divisions and public education  agencies must report annually to the Department of Education that instructional  personnel have completed high quality professional development each year as set  forth by the Virginia Department of Education.
    C. Any individual seeking renewal of a license with an  endorsement in early/primary preK-3, elementary education preK-6, middle  education 6-8, history and social sciences, history, or political science must  complete study of the structures, function, and powers of state and local  government of Virginia and the importance of citizen participation in the  political process in state and local government of Virginia. The study may be  satisfactorily completed using any applicable option described in the Virginia  Licensure Renewal Manual, effective September 21, 2007. This requirement shall  be met one time for the individual's next renewal after July 1, 2012.
    C. D. Professional development points may be  accrued by the completion of professional development activities to improve and  increase instructional personnel's knowledge of the academic subjects the  teachers teach or the area assigned from one or more of the following eight  options.
    1. College credit. Acceptable coursework offers content that  provides new information and is offered on-campus, off-campus, or through  extension by any regionally accredited two- or four-year college or university.  College coursework must develop further experiences in subject content taught,  teaching strategies, uses of technologies, leadership, and other essential  elements in teaching to high standards and increasing student learning. At  least 90 points for each five-year renewal shall be in the content area(s)  currently being taught if the license holder does not hold a graduate degree.  Instructional personnel must complete coursework to improve and increase the  knowledge of the academic subjects or endorsement areas in which they are  assigned.
    2. Professional conference. A professional conference is a  workshop, institute, or seminar of four or more hours that contributes to  ongoing, sustained, and high-quality professional development.
    3. Curriculum development. Curriculum development is a group  activity in which the license holder contributes to the improvement of the  curriculum of a school, a school division, or an education institution in the  teaching area assigned. This includes the alignment of curriculum frameworks,  instructional materials, and assessments to provide a system with clear  expectations of what is to be taught and learned.
    4. Publication of article. The article must contribute to the  education profession or to the body of knowledge of the license holder's  teaching area or instructional position. Grant reports that present the results  of educational research are acceptable provided the license holder had an  active role in planning, analyzing, interpreting, demonstrating, disseminating,  or evaluating the study or innovation. The article must be published in a  recognized professional journal.
    5. Publication of book. Books must be published for purchase  and must contribute to the education profession or to the body of knowledge of  the license holder's teaching area or instructional position. The published  book must increase the field of content knowledge, planning and assessment for  evaluating and providing students with feedback that encourages student  progress and measures student achievement, instruction, safety and learning  environment, communication and community relations working with students,  parents, and members of the community to promote broad support for student  learning. Points will not be awarded for books self-published.
    6. Mentorship. Mentoring is the process by which an  experienced professional, who has received mentorship training, provides  assistance to one or more persons for the purpose of improving their  performance. Assistance may involve role modeling, direct instruction,  demonstration, observation with feedback, developing of plans, and consultation  to promote instructional excellence and increased student achievement.  Mentoring may include the supervision of a field experience of a preservice  student teacher or an intern in an approved teacher/principal preparation  program, as well as mentoring as part of the induction process for a beginning  teacher or a first-year administrator. Individuals serving in this role and  submitting documentation for license renewal based on the mentorship option  shall receive training as a mentor prior to the assignment and at least once  during the five-year renewal cycle.
    7. Educational project. Educational projects must be planned,  focused projects based on high standards of teaching and learning. Projects  must result in a written report or other tangible product. Projects must  contribute to the education profession or to the body of knowledge of the  license holder's teaching area or instructional position. A project could  include participation in new professional responsibilities, such as leading a  school improvement initiative.
    8. Professional development activity. Professional development  activities must focus on student learning and achievement, schoolwide  educational improvement, leadership, subject content, teaching strategies, and  use of technologies and other essential elements in teaching to high standards.  Activities must be planned, rigorous, systematic, and promote continuous  inquiry and reflection. Local employing educational agencies are encouraged to  design professional development activities that are conducted in school  settings and linked to student learning and achievement.
    D. E. A minimum of 90 points (three semester  hours in a content area) at the undergraduate (two-year or four-year  institution) or graduate level in the license holder's endorsement areas shall  be required of license holders without a master's degree and may be satisfied  at the undergraduate (two-year or four-year institution) or graduate level.  Special education coursework designed to assist classroom teachers and other  school personnel in working with students with disabilities, a course in gifted  education, a course in educational technology, or a course in English as a  second language may be completed to satisfy the content course requirement for  one cycle of the renewal process. Professional development activities designed  to support the Virginia Standards of Learning, Standards of Accreditation, and  Assessments may be accepted in lieu of the content course for one renewal  cycle. The substance of the activities must clearly support these initiatives  and address one or more of the following areas: (i) new content knowledge to  implement the Virginia Standards of Learning; (ii) curriculum development  initiative designed to translate the standards from standards to classroom  objectives; (iii) teaching beginning reading skills including phonemic  awareness and the structure of language (phonics); (iv) staff development  activities in assessment to assist classroom teachers in the utilization of  test results to improve classroom instruction; and (v) professional development  designed to implement the technology standards in the schools. Technical  Professional License holders without baccalaureate degrees may satisfy the  requirement through career and technical education workshops, career and  technical education institutes, or through undergraduate coursework at two-year  or four-year institutions.
    E. F. Content area courses are courses at the  undergraduate level (two-year or four-year institution) or at the graduate  level that will not duplicate previous courses taken in the humanities, history  and social sciences, the sciences, mathematics, health and physical education,  and the fine arts. These courses are usually available through the college or  department of arts and sciences. License holders with elementary education,  middle education, special education, or reading endorsements must satisfy the  90-point requirement through reading coursework or content coursework in one of  the areas listed above. Courses available through a regionally accredited college's  or institution's department of education may be used to satisfy the content  requirement for those license holders with endorsements in health and physical  education, career and technical education, and library science education.
    F. G. With prior approval of the division  superintendent, the 90 points in a content area also may be satisfied through  coursework taken to obtain a new teaching endorsement or coursework taken  because of a particular need of a particular teacher.
    G. H. The remaining 90 points may be accrued by  activities drawn from one or more of the eight renewal options. Renewal work is  designed to provide licensed personnel with opportunities for professional  development relative to the grade levels or teaching fields to which they are  assigned or for which they seek an added endorsement. Such professional  development encompasses (i) responsible remediation of any area of an  individual's knowledge or skills that fail to meet the standards of competency  and (ii) responsible efforts to increase the individual's knowledge of new  developments in his field and to respond to new curricular demands within the  person's area of professional competence.
    H. I. The proposed work toward renewal in  certain options must be approved in advance by the chief executive officer or  designee of the employing educational agency. Persons who are not employed by  an educational agency may renew or reinstate their license by submitting to the  Office of Professional Licensure, Department of Education, their individualized  renewal record and verification of points, including official student  transcripts of coursework taken at an accredited two-year or four-year college  or university.
    I. J. Accrual of professional development  points shall be determined by criteria set forth by the Virginia Department of  Education.
    J. K. Persons seeking license renewal as  teachers must demonstrate proficiency in the use of educational technology for  instruction.
    K. L. Virginia school divisions and nonpublic  schools will recommend renewal of licenses using the renewal point system. The  renewal recommendation must include verification of demonstrated proficiency in  the use of educational technology for instruction.
    L. M. Training in instructional methods  tailored to promote academic progress and effective preparation for the  Standards of Learning tests and end-of-grade assessments is required for  licensure renewal.
    M. N. If they have not already met the  requirement, persons seeking licensure renewal as teachers must complete study  in child abuse recognition and intervention in accordance with curriculum  guidelines developed by the Board of Education in consultation with the  Department of Social Services that are relevant to the specific teacher  licensure routes.
    DOCUMENTS INCORPORATED BY REFERENCE (8VAC20-22)
    Virginia  Licensure Renewal Manual, eff. September 21, 2007, Virginia Department of  Education.
    Part VII 
  Competencies for Endorsement Areas 
    Article 1 
  General Competencies 
    8VAC20-542-70. Competencies for endorsement areas.
    A. The professional education program develops,  maintains, and continuously evaluates high quality professional education  programs that are collaboratively designed and based on identified needs of the  preK-12 community. Candidates in education programs for teachers demonstrate  competence in the core academic content areas that they plan to teach. The  indicator of the achievement of this standard shall include the following:
    Candidates demonstrate an understanding of competencies  including the core concepts and facts of the disciplines and the Virginia  Standards of Learning for the content areas they plan to teach.
    B. All teacher education programs in early/primary preK-3,  elementary education preK-6, middle education 6-8, and history and social  sciences must include local government and civics instruction specific to  Virginia.
    8VAC20-542-100. Early/primary education preK-3.
    The program for early/primary education preK-3 shall ensure  that the candidate has demonstrated the following competencies:
    1. Methods.
    a. Understanding of the knowledge, skills, and processes to  support learners in achievement of the Virginia Standards of Learning in  English, mathematics, history and social science, science, and  computer/technology;
    b. The ability to integrate English, mathematics, science,  health, history and social sciences, art, music, drama, movement, and  technology in learning experiences;
    c. The use of differentiated instruction and flexible  groupings to meet the needs of learners at different stages of development,  abilities, and achievement;
    d. The use of appropriate methods including those in visual  and performing arts , to help learners develop knowledge and basic skills,  sustain intellectual curiosity, and problem solve;
    e. The ability to utilize effective classroom management  skills through methods that shall build responsibility and self-discipline and  maintain a positive learning environment;
    f. The ability to modify and manage learning environments and  experiences to meet the individual needs of children, including children with  disabilities, gifted children, children with limited proficiency in English,  and children with diverse cultural needs;
    g. The ability to use formal and informal assessments to  diagnose needs, plan and modify instruction, and record student progress;
    h. A commitment to professional growth and development through  reflection, collaboration, and continuous learning;
    i. The ability to analyze, evaluate, apply quantitative and  qualitative research; and
    j. The ability to use technology as a tool for teaching,  learning, research, and communication.
    2. Knowledge and skills.
    a. Reading/English. Understanding of the content, knowledge,  skills, and processes for teaching the Virginia Standards of Learning for  English including: oral language (speaking and listening), reading, and  writing, and how these standards provide the core for teaching English in  grades preK-3 (early/primary licensure).
    (1) Assessment and diagnostic teaching. The individual shall:
    (a) Be proficient in the use of both formal and informal  assessment and screening measures for the component of reading: phoneme  awareness, letter recognition, decoding, fluency, vocabulary, reading levels,  and comprehension; and
    (b) Be proficient in the ability to use diagnostic data to  tailor instruction for acceleration, intervention, remediation, and flexible  skill-level groupings.
    (2) Oral communication. The individual shall:
    (a) Be proficient in the knowledge, skills, and processes  necessary for teaching oral language (speaking and listening);
    (b) Be proficient in developing students' phonological  awareness skills;
    (c) Demonstrate effective strategies for facilitating the  learning of standard English by speakers of other languages and dialects;
    (d) Demonstrate the ability to promote creative thinking and  expression, as through storytelling, drama, choral/oral reading, etc.
    (3) Reading/literature. The individual shall:
    (a) Be proficient in explicit phonics instruction, including  an understanding of sound/symbol relationships, syllables, phonemes, morphemes,  decoding skills, and word attack skills;
    (b) Be proficient in strategies to increase vocabulary/concept  development;
    (c) Be proficient in the structure of the English language,  including an understanding of syntax;
    (d) Be proficient in reading comprehension strategies for both  fiction and nonfiction text predicting, retelling, summarizing and guiding  students to make connections beyond the text;
    (e) Demonstrate the ability to develop comprehension skills in  all content areas;
    (f) Demonstrate the ability to foster the appreciation of a  variety of literature; and
    (g) Understand the importance of promoting independent reading  by selecting fiction and nonfiction books, at appropriate reading levels.
    (4) Writing. The individual shall:
    (a) Be proficient in the knowledge, skills, and processes  necessary for teaching writing, including the domains of composing, written  expression, and usage and mechanics and the writing process of planning,  drafting, revising, editing, and sharing;
    (b) Be proficient in systematic spelling instruction,  including awareness of the purpose and limitations of "invented  spelling," orthographic patterns, and strategies for promoting  generalization of spelling study to writing; and
    (c) Demonstrate the ability to teach the writing process:  plan, draft, revise, edit, and share in the narrative, descriptive, and  explanative modes.
    (5) Technology. The individual shall demonstrate the ability  to guide students in their use of technology for both process and product as  they work with reading and writing.
    b. Mathematics.
    (1) Understanding of the mathematics relevant to the content  identified in the Virginia Standards of Learning and how the standards provide  the foundation for teaching mathematics in grades preK-3. Experiences with  practical applications and the use of appropriate technology and manipulatives  should be used within the following content:
    (a) Number systems, their structure, basic operations, and  properties;
    (b) Elementary number theory, ratio, proportion and percent;
    (c) Algebra: operations with monomials and polynomials;  algebraic fractions; linear and quadratic equations and inequalities, linear  systems of equations and inequalities; radicals and exponents; arithmetic and  geometric sequences and series; algebraic and trigonometric functions; and  transformations among graphical, tabular, and symbolic form of functions;
    (d) Geometry: geometric figures, their properties, relationships,  Pythagorean Theorem; deductive and inductive reasoning; perimeter, area, and  surface area of two- and three-dimensional figures; coordinate and  transformational geometry; and constructions;
    (e) Probability and statistics: permutations and combinations;  experimental and theoretical probability; prediction; graphical representations  including box-and-whisker plots; measures of central tendency, range, and  normal distribution; and
    (f) Computer science: terminology, simple programming, and  software applications.
    (2) Understanding of the sequential nature of mathematics.
    (3) Understanding of the multiple representations of  mathematical concepts and procedures.
    (4) Understanding of and the ability to use the five processes  – reasoning mathematically, solving problems, communicating mathematics  effectively, making mathematical connections, and using mathematical  representations at different levels of complexity.
    (5) Understanding of the contributions of different cultures  toward the development of mathematics, and the role of mathematics in culture  and society.
    (6) Understanding of the role of technology and the ability to  use calculators and computers in the teaching and learning of mathematics.
    c. History and social sciences.
    (1) Understanding of the knowledge, skills, and processes of  history and the social science disciplines as defined in the Virginia Standards  of Learning and how the standards provide the necessary foundation for teaching  history and social sciences, including in:
    (a) History.
    (i) The contributions of ancient civilizations to American  social and political institutions;
    (ii) Major events in Virginia history from 1607 to the  present;
    (iii) Key individuals, documents, and events in United States  history; and
    (iv) The evolution of American's constitutional republic, its  ideas, institutions, and practices.
    (b) Geography.
    (i) The use of maps and other geographic representations,  tools, and technologies to acquire, process, and report information;
    (ii) The relationship between human activity and the physical  environment in the community and the world; and
    (iii) Physical processes that shape the surface of the earth.
    (c) Civics.
    (i) The privileges and responsibilities of good citizenship  and the importance of the rule of law for the protection of individual rights;
    (ii) The process of making laws in the United States and the  fundamental ideals and principles of a republican form of government; and
    (iii) The understanding that Americans are a people of diverse  ethnic origins, customs, and traditions, who are united by the basic principles  of a republican form of government and a common identity as Americans.;  and
    (iv) Local government and civics instruction specific to  Virginia.
    (d) Economics.
    (i) The basic economic principles that underlie the United States  market economy;
    (ii) The role of the individual and how economic decisions are  made in the market place; and
    (iii) The role of government in the structure of the United  States economy.
    (2) Understanding of the nature of history and the social  sciences, and how the study of the disciplines assists students in developing  critical thinking skills in helping them to understand:
    (a) The relationship between past and present;
    (b) The use of primary sources such as artifacts, letters,  photographs, and newspapers;
    (c) How events in history are shaped both by the ideas and  actions of people;
    (d) Diverse cultures and shared humanity;
    (e) Civic participation in a democracy; and
    (f) The relationship between history, literature, art, and  music.
    d. Science.
    (1) Understanding of the knowledge, skills, and processes of  the earth, life, and physical sciences as defined in the Virginia Science  Standards of Learning and how these standards provide a sound foundation for  teaching science in the elementary grades.
    (2) Understanding of the nature of science and scientific  inquiry, including:
    (a) The role of science in explaining and predicting events  and phenomena; and
    (b) The science skills of data analysis, measurement,  observation, prediction, and experimentation.
    (3) Understanding of the knowledge, skills, and processes for  an active elementary science program, including the ability to:
    (a) Design instruction reflecting the goals of the Virginia  Science Standards of Learning;
    (b) Conduct research projects and experiments in a safe  environment;
    (c) Organize key science content into meaningful units of  instruction;
    (d) Adapt instruction to diverse learners using a variety of  techniques;
    (e) Evaluate instructional materials, instruction, and student  achievement; and
    (f) Incorporate instructional technology to enhance student  performance in science.
    (4) Understanding of the content, processes, and skills of the  Earth sciences, biology, chemistry, and physics supporting the teaching of  elementary school science as defined by the Virginia Science Standards of  Learning and equivalent to academic course work in each of these core science  areas.
    (5) Understanding of the core scientific disciplines to  ensure:
    (a) The ability to teach the processes and organizing concepts  common to the natural and physical sciences; and
    (b) Student achievement in science.
    (6) Understanding of the contributions and significance of  science, including:
    (a) Its social and cultural significance;
    (b) The relationship of science to technology; and
    (c) The historical development of scientific concepts and  scientific reasoning.
    8VAC20-542-110. Elementary education preK-6.
    The program in elementary education preK-6 may require that  the candidate has completed an undergraduate major in interdisciplinary studies  (focusing on the areas of English, mathematics, history and social sciences,  and science) or in Virginia's core academic areas of English, mathematics,  history and social sciences (i.e., history, government, geography and  economics), or science and demonstrated the following competencies:
    1. Methods.
    a. Understanding of the needed knowledge, skills, and  processes to support learners in achievement of the Virginia Standards of  Learning in English, mathematics, history and social science, science, and  computer/technology;
    b. The ability to integrate English, mathematics, science,  health, history and social sciences, art, music, drama, movement, and  technology in learning experiences;
    c. The use of differentiated instruction and flexible  groupings to meet the needs of learners at different stages of development,  abilities, and achievement;
    d. The use of appropriate methods , including those in visual  and performing arts, to help learners develop knowledge and basic skills,  sustain intellectual curiosity, and problem solve;
    e. The ability to utilize effective classroom and behavior  management skills through methods that shall build responsibility and  self-discipline and maintain a positive learning environment;
    f. The ability to modify and manage learning environments and  experiences to meet the individual needs of children, including children with  disabilities, gifted children, and children with limited proficiency in  English, and children with diverse cultural needs;
    g. The ability to use formal and informal assessments to  diagnose needs, plan and modify instruction, and record student progress;
    h. A commitment to professional growth and development through  reflection, collaboration, and continuous learning;
    i. The ability to analyze, evaluate, and apply, quantitative  and qualitative research; and
    j. The ability to use technology as a tool for teaching,  learning, research, and communication.
    2. Knowledge and skills.
    a. Reading/English. Understanding of the content, knowledge,  skills, and processes for teaching the Virginia Standards of Learning for  English including: oral language (speaking and listening), reading, writing,  and literature, and how these standards provide the core for teaching English  in grades preK-6 (elementary licensure).
    (1) Assessment and diagnostic teaching. The individual shall:
    (a) Be proficient in the use of both formal and informal  assessment and screening measures for the components of reading: phoneme  awareness, letter recognition, decoding, fluency, vocabulary, reading level,  and comprehension; and
    (b) Be proficient in the ability to use diagnostic data to  tailor instruction, for acceleration, intervention, remediation and flexible  skill-level groupings.
    (2) Oral communication. The individual shall:
    (a) Be proficient in the knowledge, skills, and processes  necessary for teaching oral language (speaking and listening);
    (b) Be proficient in developing students' phonological  awareness skills;
    (c) Demonstrate effective strategies for facilitating the  learning of standard English by speakers of other languages and dialects; and
    (d) Demonstrate the ability to promote creative thinking and  expression, as through storytelling, drama, choral/oral reading, etc.
    (3) Reading/literature. The individual shall:
    (a) Be proficient in explicit phonics instruction, including  an understanding of sound/symbol relationships, syllables, phonemes, morphemes,  decoding skills, and word attack skills;
    (b) Be proficient in strategies to increase vocabulary/concept  development;
    (c) Be proficient in the structure of the English language,  including an understanding of syntax and semantics;
    (d) Be proficient in reading comprehension strategies for both  fiction and nonfiction text, including questioning, predicting, summarizing,  clarifying, and associating the unknown with what is known;
    (e) Demonstrate the ability to develop comprehension skills in  all content areas;
    (f) Demonstrate the ability to foster appreciation of a  variety of literature; and
    (g) Understand the importance of promoting independent reading  by selecting fiction and nonfiction books, at appropriate reading levels.
    (4) Writing. The individual shall:
    (a) Be proficient in the knowledge, skills, and processes  necessary for teaching writing, including the domains of composing, written  expression, and usage and mechanics and the writing process of planning,  drafting, revising, editing, and sharing;
    (b) Be proficient in systematic spelling instruction,  including awareness of the purpose and limitations of "invented  spelling," orthographic patterns, and strategies for promoting  generalization of spelling study to writing; and
    (c) Demonstrate the ability to teach the writing process: plan  draft, revise, edit, and share in the narrative, descriptive, and explanative  modes.
    (5) Technology. The individual shall demonstrate the ability  to guide students in their use of technology for both process and product as  they work with reading, writing, and research.
    b. Mathematics.
    (1) Understanding of the mathematics relevant to the content  identified in the Virginia Standards of Learning and how the standards provide  the foundation for teaching mathematics in grades preK-6. Experiences with  practical applications and the use of appropriate technology and manipulatives  should be used within the following content:
    (a) Number systems, their structure, basic operations, and  properties;
    (b) Elementary number theory, ratio, proportion and percent;
    (c) Algebra: operations with monomials and polynomials;  algebraic fractions; linear and quadratic equations and inequalities, linear  systems of equations and inequalities; radicals and exponents; arithmetic and  geometric sequences and series; algebraic and trigonometric functions; and  transformations among graphical, tabular, and symbolic form of functions;
    (d) Geometry: geometric figures, their properties,  relationships, Pythagorean Theorem; deductive and inductive reasoning;  perimeter, area, and surface area of two- and three-dimensional figures;  coordinate and transformational geometry; and constructions;
    (e) Probability and statistics: permutations and combinations;  experimental and theoretical probability; prediction; graphical representations  including box-and-whisker plots; measures of central tendency, range, and  normal distribution; and
    (f) Computer science: terminology, simple programming, and  software applications.
    (2) Understanding of the sequential nature of mathematics.
    (3) Understanding of the multiple representations of  mathematical concepts and procedures.
    (4) Understanding of and the ability to use the five processes  – reasoning mathematically, solving problems, communicating mathematics  effectively, making mathematical connections, and using mathematical  representations at different levels of complexity.
    (5) Understanding of the contributions of different cultures  toward the development of mathematics, and the role of mathematics in culture  and society.
    (6) Understanding of the role of technology and the ability to  use calculators and computers in the teaching and learning of mathematics.
    c. History and social sciences.
    (1) Understanding of the knowledge, skills, and processes of  history and the social sciences disciplines as defined in the Virginia  Standards of Learning and how the standards provide the necessary foundation  for teaching history and social sciences, including in:
    (a) History.
    (i) The contributions of ancient civilizations to American  social and political institutions;
    (ii) Major events in Virginia history from 1607 to the  present;
    (iii) Key individuals, documents, and events in United States  history; and
    (iv) The evolution of America's constitutional republic, its  ideas, institutions, and practices.
    (b) Geography.
    (i) The use of maps and other geographic representations,  tools, and technologies to acquire, process, and report information;
    (ii) The relationship between human activity and the physical  environment in the community and the world; and
    (iii) Physical processes that shape the surface of the earth;
    (c) Civics.
    (i) The privileges and responsibilities of good citizenship  and the importance of the Rule of Law for the protection of individual rights;
    (ii) The process of making laws in the United States and the  fundamental ideals and principles of a republican form of government; and
    (iii) The understanding that Americans are a people of diverse  ethnic origins, customs, and traditions, who are united by basic principles of  a republican form of government and a common identity as Americans.;  and
    (iv) Local government and civics instruction specific to  Virginia.
    (d) Economics.
    (i) The basic economic principles that underlie the United  States market economy;
    (ii) The role of the individual and how economic decisions are  made in the market place; and
    (iii) The role of government in the structure of the United  States economy.
    (2) Understanding of the nature of history and social sciences  and how the study of the disciplines assists students in developing critical  thinking skills in helping them to understand:
    (a) The relationship between past and present;
    (b) The use of primary sources such as artifacts, letters,  photographs, and newspapers;
    (c) How events in history are shaped both by the ideas and  actions of people;
    (d) Diverse cultures and shared humanity;
    (e) Civic participation in a democracy; and
    (f) The relationship between history, literature, art, and  music.
    d. Science.
    (1) Understanding of the knowledge, skills, and processes of  the earth, life, and physical sciences as defined in the Virginia Science  Standards of Learning and how these standards provide a sound foundation for  teaching science in the elementary grades;
    (2) Understanding of the nature of science and scientific  inquiry, including:
    (a) The role of science in explaining and predicting events  and phenomena; and
    (b) The science skills of data analysis, measurement,  observation, prediction, and experimentation.
    (3) Understanding of the knowledge, skills, and processes for  an active elementary science program including the ability to:
    (a) Design instruction reflecting the goals of the Virginia  Science Standards of Learning;
    (b) Conduct research projects and experiments in a safe  environment;
    (c) Organize key science content into meaningful units of  instruction;
    (d) Adapt instruction to diverse learners using a variety of  techniques;
    (e) Evaluate instructional materials, instruction, and student  achievement; and
    (f) Incorporate instructional technology to enhance student  performance in science.
    (4) Understanding of the content, processes, and skills of the  Earth sciences, biology, chemistry, and physics supporting the teaching of  elementary school science as defined by the Virginia Science Standards of  Learning and equivalent course work reflecting each of these core science  areas.
    (5) Understanding of the core scientific disciplines to  ensure:
    (a) The ability to teach the processes and organizing concepts  common to the natural and physical sciences; and
    (b) Student achievement in science.
    (6) Understanding of the contributions and significance of  science including:
    (a) Its social and cultural significance;
    (b) The relationship of science to technology; and
    (c) The historical development of scientific concepts and  scientific reasoning.
    8VAC20-542-120. Middle education 6-8.
    The program in middle education 6-8 with at least one area of  academic preparation shall ensure that the candidate has demonstrated the  following competencies:
    1. Methods.
    a. Understanding of the required knowledge, skills, and  processes to support learners in achievement of the Virginia Standards of  Learning for grades 6-8;
    b. The use of appropriate methods, including direct  instruction, to help learners develop knowledge and skills, sustain  intellectual curiosity, and solve problems;
    c. The ability to plan and teach collaboratively to facilitate  interdisciplinary learning;
    d. The use of differentiated instruction and flexible  groupings to meet the needs of preadolescents at different stages of  development, abilities, and achievement;
    e. The ability to utilize effective classroom and behavior  management skills through methods that shall build responsibility and  self-discipline and maintain a positive learning environment;
    f. The ability to modify and manage learning environments and  experiences to meet the individual needs of preadolescents, including children  with disabilities, gifted children, and children with limited proficiency in  the English language;
    g. The ability to use formal and informal assessments to  diagnose needs, plan and modify instruction, and record student progress;
    h. A commitment to professional growth and development through  reflection, collaboration, and continuous learning;
    i. The ability to analyze, evaluate, apply, and conduct  quantitative and qualitative research;
    j. The ability to use technology as a tool for teaching,  learning, research, and communication;
    k. An understanding of how to apply a variety of school  organizational structures, schedules, groupings, and classroom formats  appropriately for middle level learners;
    l. Skill in promoting the development of all students'  abilities for academic achievement and continued learning; and
    m. The ability to use reading in the content area strategies  appropriate to text and student needs.
    2. English.
    a. Possession of the skills necessary to teach the writing  process, to differentiate among the forms of writing (narrative, descriptive,  informational, and persuasive), and to use computers and other available  technology;
    b. Understanding of and knowledge in grammar, usage, and  mechanics and its integration in writing;
    c. Understanding and the nature and development of language  and its impact on vocabulary development and spelling;
    d. Understanding of and knowledge in techniques and strategies  to enhance reading comprehension and fluency;
    e. Understanding of and knowledge in the instruction of  speaking, and listening, and note taking; and
    f. Knowledge of varied works from current and classic young  adult literature appropriate for English instruction of fiction, nonfiction,  and poetry.
    3. History and social sciences.
    a. Understanding of the knowledge, skills, and processes of  history and the social science disciplines as defined by the Virginia History  and Social Sciences Standards of Learning and how the standards provide the  foundation for teaching history and social sciences, including in:
    (1) United States history.
    (a) The evolution of the American constitutional republic and  its ideas, institutions, and practices from the colonial period to the present;  the American Revolution, including ideas and principles preserved in  significant Virginia and United States historical documents as required by § 22.1-201 of the Code of Virginia (Declaration of American Independence, the  general principles of the Constitution of the United States, the Virginia  Statute of Religious Freedom, the charters of April 10, 1606, May 23, 1609, and  March 12, 1612, of The Virginia Company, and the Virginia Declaration of  Rights), and historical challenges to the American political system (i.e.,  slavery, the Civil War, emancipation, and civil rights);
    (b) The influence of religious traditions on the American  heritage and on contemporary American society;
    (c) The changing role of America around the world; the  relationship between domestic affairs and foreign policy; global political and  economic interactions;
    (d) The influence of immigration on American political,  social, and economic life;
    (e) Origins, effects, aftermath and significance of the two  world wars, the Korean and Vietnam conflicts, and the Post-Cold War Era;
    (f) Social, political, and economic transformations in  American life during the 20th century; and
    (g) Tensions between liberty and equality, liberty and order,  region and nation, individualism and the common welfare, and between cultural  diversity and civic unity.
    (2) World history.
    (a) The political, philosophical, and cultural legacies of  ancient, American, Asian, African, and European civilizations;
    (b) Origins, ideas, and institutions of Judaism, Christianity,  Hinduism, Confucianism and Taoism, and Shinto, Buddhist and Islamic religious  traditions;
    (c) Medieval society and institutions; relations with Islam;  feudalism and the evolution of representative government;
    (d) The social, political, and economic contributions of  selected civilizations in Africa, Asia, Europe, and the Americas;
    (e) The culture and ideas of the Renaissance and the  Reformation, European exploration, and the origins of capitalism and  colonization;
    (f) The cultural ideas of the Enlightenment and the  intellectual revolution of the 17th and 18th centuries;
    (g) The sources, results, and influence of the American and  French revolutions;
    (h) The social consequences of the Industrial Revolution and  its impact on politics and culture;
    (i) The global influence of European ideologies of the 19th  and 20th centuries (liberalism, republicanism, social democracy, Marxism,  nationalism, Communism, Fascism, and Nazism); and
    (j) The origins, effects, aftermath, and significance of the  two world wars.
    (3) Civics and economics.
    (a) Essential characteristics of limited and unlimited  governments;
    (b) Importance of the Rule of Law for the protection of  individual rights and the common good;
    (c) Rights and responsibilities of American citizenship;
    (d) Nature and purposes of constitutions and alternative ways  of organizing constitutional governments;
    (e) American political culture;
    (f) Values and principles of the American constitutional  republic;
    (g) Structures, functions, and powers of local and state  government;
    (h) Importance of citizen participation in the political  process in local and state government;
    (i) Structures, functions, and powers of the national  government; and Local government and civics instruction specific to  Virginia;
    (j) The structure and function of the United States market  economy as compared with other economies. Structures, functions, and  powers of the national government; and
    (k) The structure and function of the United States market  economy as compared with other economies.
    b. Understanding of the nature of history and social sciences  and how the study of these disciplines helps students go beyond critical  thinking skills to help them appreciate:
    (1) The significance of the past to their lives and to  society;
    (2) Diverse cultures and shared humanity;
    (3) How things happen, how they change, and how human  intervention matters;
    (4) The interplay of change and continuity;
    (5) Historical cause and effect;
    (6) The importance of individuals who have made a difference  in history and the significance of personal character to the future of society;
    (7) The relationship among history, geography, civics, and  economics; and
    (8) The difference between fact and conjecture, evidence and  assertion, and the importance of framing useful questions.
    4. Mathematics.
    a. Understanding of the knowledge and skills necessary to  teach the Virginia Mathematics Standards of Learning and how curriculum may be  organized to teach these standards to diverse learners;
    b. Understanding of a core knowledge base of concepts and  procedures within the discipline of mathematics, including the following  strands: number and number sense; computation and estimation; geometry and  measurement; statistics and probability; patterns, functions, and algebra;
    c. Understanding of the sequential nature of mathematics and  the mathematical structures inherent in the content strands;
    d. Understanding of and the ability to use the five processes  - becoming mathematical problem solvers, reasoning mathematically,  communicating mathematically, making mathematical connections, and representing  and describing mathematical ideas, generalizations, and relationships using a  variety of methods - at different levels of complexity;
    e. Understanding of the history of mathematics, including the  contributions of various individuals and cultures toward the development of  mathematics, and the role of mathematics in culture and society;
    f. Understanding of the major current curriculum studies and  trends in mathematics;
    g. Understanding of the role of technology and the ability to  use graphing utilities and computers in the teaching and learning of  mathematics;
    h. Understanding of and the ability to select, adapt, evaluate  and use instructional materials and resources, including professional journals  and technology;
    i. Understanding of and the ability to use strategies for  managing, assessing, and monitoring student learning, including diagnosing  student errors; and
    j. Understanding of and the ability to use strategies to teach  mathematics to diverse learners.
    5. Science.
    a. Understanding of the knowledge, skills, and processes of  the Earth, life, and physical sciences as defined in the Virginia Science  Standards of Learning and how these provide a sound foundation for teaching  science in the middle grades.
    b. Understanding of the nature of science and scientific  inquiry, including:
    (1) Function of research design and experimentation;
    (2) Role of science in explaining and predicting events and  phenomena; and
    (3) Science skills of data analysis, measurement, observation,  prediction, and experimentation.
    c. Understanding of the knowledge, skills, and processes for  an active middle school science program, including the ability to:
    (1) Design instruction reflecting the goals of the Virginia  Science Standards of Learning;
    (2) Conduct research projects and experiments;
    (3) Implement safety rules/procedures and ensure that students  take appropriate safety precautions;
    (4) Organize key science content into meaningful units of instruction;
    (5) Adapt instruction to diverse learners using a variety of  techniques;
    (6) Evaluate instructional materials, instruction, and student  achievement; and
    (7) Incorporate instructional technology to enhance student  performance in science.
    d. Understanding of the content, processes, and skills of the  Earth sciences, biology, chemistry, and physics supporting the teaching of  middle school science as defined by the Virginia Science Standards of Learning  and equivalent to academic course work in each of these core science areas.
    e. Understanding of the core scientific disciplines to ensure:
    (1) The placement of science in an appropriate  interdisciplinary context;
    (2) The ability to teach the processes and organize concepts  common to the natural and physical sciences; and
    (3) Student achievement in science.
    f. Understanding of the contributions and significance of  science to include:
    (1) Its social and cultural significance;
    (2) The relationship of science to technology; and
    (3) The historical development of scientific concepts and  scientific reasoning.
    8VAC20-542-330. History and social sciences.
    The program in history and social sciences shall ensure that  the candidate has demonstrated the following competencies:
    1. Understanding of the knowledge, skills, and processes of  history and the social science disciplines as defined by the Virginia History  and Social Sciences Standards of Learning and how the standards provide the  foundation for teaching history and the social sciences, including in:
    a. United States history.
    (1) The evolution of the American constitutional republic and  its ideas, institutions, and practices from the colonial period to the present;  the American Revolution, including ideas and principles preserved in  significant Virginia and United States historical documents as required by § 22.1-201 of the Code of Virginia (Declaration of American Independence, the  general principles of the Constitution of the United States, the Virginia  Statute of Religious Freedom, the charters of April 10, 1606, May 23, 1609, and  March 12, 1612, of the Virginia Company, and the Virginia Declaration of  Rights); and historical challenges to the American political system;
    (2) The influence of religious traditions on American heritage  and contemporary American society;
    (3) The influence of immigration on American political,  social, and economic life;
    (4) The origins, effects, aftermath and significance of the  two world wars, the Korean and Vietnam conflicts, and the Post-Cold War Era;
    (5) The social, political, and economic transformations in  American life during the 20th century;
    (6) The tensions between liberty and equality, liberty and  order, region and nation, individualism and the common welfare, and between  cultural diversity and national unity; and
    (7) The difference between a democracy and a republic.
    b. World history.
    (1) The political, philosophical, and cultural legacies of  ancient American, Asian, African, and European civilizations;
    (2) The origins, ideas, and institutions of Judaism,  Christianity, Hinduism, Confucianism and Taoism, and Shinto, Buddhist and  Islamic religious traditions;
    (3) Medieval society, institutions, and civilizations;  feudalism and the evolution of representative government;
    (4) The social, political, and economic contributions of selected  civilizations in Africa, Asia, Europe, and the Americas;
    (5) The culture and ideas of the Renaissance and the  Reformation, European exploration, and the origins of capitalism and  colonization;
    (6) The cultural ideas of the Enlightenment and the intellectual  revolution of the 17th and 18th centuries;
    (7) The sources, results, and influences of the American and  French revolutions;
    (8) The social consequences of the Industrial Revolution and  its impact on politics and culture;
    (9) The global influence of European ideologies of the 19th  and 20th centuries (liberalism, republicanism, social democracy, Marxism,  nationalism, Communism, Fascism, and Nazism); and
    (10) The origins, effects, aftermath and significance of the  two world wars, the Korean and Vietnam conflicts, and the Post-Cold War Era.
    c. Civics/government and economics.
    (1) The essential characteristics of limited and unlimited  governments;
    (2) The importance of the Rule of Law for the protection of  individual rights and the common good;
    (3) The rights and responsibilities of American citizenship;
    (4) The nature and purposes of constitutions and alternative  ways of organizing constitutional governments;
    (5) American political culture;
    (6) Values and principles of the American constitutional  republic;
    (7) The structures, functions, and powers of local and state  government;
    (8) Importance of citizen participation in the political  process in local and state government;
    (9) Local government and civics instruction specific to  Virginia;
    (9) (10) The structures, functions, and powers  of the national government;
    (10) (11) The role of the United States in  foreign policy and national security;
    (11) (12) The structure of the federal  judiciary;
    (12) (13) The structure and function of the  United States market economy as compared with other economies;
    (13) (14) Knowledge of the impact of the  government role in the economy and individual economic and political freedoms;
    (14) (15) Knowledge of economic systems in the  areas of productivity and key economic indicators; and
    (15) (16) The analysis of global economic  trends.
    d. Geography.
    (1) Use of maps and other geographic representations, tools,  and technologies to acquire, process, and report information;
    (2) Physical and human characteristics of places;
    (3) Relationship between human activity and the physical  environment;
    (4) Physical processes that shape the surface of the earth;
    (5) Characteristics and distribution of ecosystems on the  earth;
    (6) Characteristics, distribution, and migration of human  populations;
    (7) Patterns and networks of economic interdependence;
    (8) Processes, patterns, and functions of human settlement;
    (9) How the forces of conflict and cooperation influence the  division and control of the earth's surface;
    (10) How physical systems affect human systems;
    (11) Changes that occur in the meaning, use, distribution, and  importance of resources; and
    (12) Applying geography to interpret the past and the present  and to plan for the future.
    2. Understanding of history and social sciences to appreciate  the significance of:
    a. Diverse cultures and shared humanity;
    b. How things happen, how they change, and how human  intervention matters;
    c. The interplay of change and continuity;
    d. How people in other times and places have struggled with  fundamental questions of truth, justice, and personal responsibility;
    e. The importance of individuals who have made a difference in  history and the significance of personal character to the future of society;
    f. The relationship among history, geography, civics, and  economics;
    g. The difference between fact and conjecture, evidence and  assertion, and the importance of framing useful questions;
    h. How ideas have real consequences;
    i. The importance of primary documents and the potential  problems with second-hand accounts; and
    j. How scientific and technological advances affect the  workplace, healthcare, and education.
    3. Understanding of the use of the content and processes of  history and social sciences instruction, including:
    a. Fluency in historical analysis skills;
    b. Skill in debate, discussion, and persuasive writing;
    c. The ability to organize key social science content into  meaningful units of instruction;
    d. The ability to provide instruction using a variety of  instructional techniques;
    e. The ability to evaluate primary and secondary instructional  resources, instruction, and student achievement; and
    f. The ability to incorporate appropriate technologies into  social science instruction.
    4. Understanding of the content, processes, and skills of one  of the social sciences disciplines at a level equivalent to an undergraduate  major, along with sufficient understanding of the three supporting disciplines  to ensure:
    a. The ability to teach the processes and organizing concepts  of social science;
    b. An understanding of the significance of the social  sciences;
    c. Student achievement in the social sciences; and
    d. An understanding of the media influence on contemporary  America.
    5. Understanding of and proficiency in grammar, usage, and  mechanics and their integration in writing.
    VA.R. Doc. No. R11-2680; Filed November 30, 2010, 7:55 a.m. 
TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Final Regulation
        REGISTRAR'S NOTICE: The  State Board of Education is claiming an exemption from the Administrative  Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia,  which excludes regulations that are necessary to conform to changes in Virginia  statutory law where no agency discretion is involved. The State Board of  Education will receive, consider, and respond to petitions from any interested  person at any time with respect to reconsideration or revision.
         Titles of Regulations: 8VAC20-22. Licensure  Regulations for School Personnel (amending 8VAC20-22-110).
    8VAC20-542. Regulations Governing the Review and Approval of  Education Programs in Virginia (amending 8VAC20-542-70, 8VAC20-542-100,  8VAC20-542-110, 8VAC20-542-120, 8VAC20-542-330). 
    Statutory Authority: §§ 22.1-298.1 and 22.1-298.2  of the Code of Virginia.
    Effective Date: January 19, 2011. 
    Agency Contact: Patty Pitts, Assistant Superintendent,  Teacher Licensure, Department of Education, P.O. Box 2120, Richmond, VA 23218,  telephone (804) 371-2522, or email patty.pitts@doe.virginia.gov.
    Summary: 
    This regulatory action implements Chapter 814 of the 2010  Acts of Assembly that required the Board of Education to amend its regulations  to require any individual seeking renewal of a license with an endorsement in  early/primary preK-3, elementary education preK-6, middle education 6-8,  history and social sciences, history, or political science to complete study of  the structures, function, and powers of state and local government of Virginia  and the importance of citizen participation in the political process in state  and local government of Virginia. The study may be satisfactorily completed  using any applicable option described in the Virginia Licensure Renewal Manual.  This requirement shall be met one time for the individual's next renewal after  July 1, 2012. 
    8VAC20-22-110. Requirements for renewing a license.
    A. The Division Superintendent, Postgraduate Professional,  Collegiate Professional, Technical Professional, Pupil Personnel Services, and  School Manager Licenses may be renewed upon the completion of 180 professional  development points within a five-year validity period based on an  individualized professional development plan that includes ongoing, sustained,  and high-quality professional development.
    B. Virginia public school divisions and public education  agencies must report annually to the Department of Education that instructional  personnel have completed high quality professional development each year as set  forth by the Virginia Department of Education.
    C. Any individual seeking renewal of a license with an  endorsement in early/primary preK-3, elementary education preK-6, middle  education 6-8, history and social sciences, history, or political science must  complete study of the structures, function, and powers of state and local  government of Virginia and the importance of citizen participation in the  political process in state and local government of Virginia. The study may be  satisfactorily completed using any applicable option described in the Virginia  Licensure Renewal Manual, effective September 21, 2007. This requirement shall  be met one time for the individual's next renewal after July 1, 2012.
    C. D. Professional development points may be  accrued by the completion of professional development activities to improve and  increase instructional personnel's knowledge of the academic subjects the  teachers teach or the area assigned from one or more of the following eight  options.
    1. College credit. Acceptable coursework offers content that  provides new information and is offered on-campus, off-campus, or through  extension by any regionally accredited two- or four-year college or university.  College coursework must develop further experiences in subject content taught,  teaching strategies, uses of technologies, leadership, and other essential  elements in teaching to high standards and increasing student learning. At  least 90 points for each five-year renewal shall be in the content area(s)  currently being taught if the license holder does not hold a graduate degree.  Instructional personnel must complete coursework to improve and increase the  knowledge of the academic subjects or endorsement areas in which they are  assigned.
    2. Professional conference. A professional conference is a  workshop, institute, or seminar of four or more hours that contributes to  ongoing, sustained, and high-quality professional development.
    3. Curriculum development. Curriculum development is a group  activity in which the license holder contributes to the improvement of the  curriculum of a school, a school division, or an education institution in the  teaching area assigned. This includes the alignment of curriculum frameworks,  instructional materials, and assessments to provide a system with clear  expectations of what is to be taught and learned.
    4. Publication of article. The article must contribute to the  education profession or to the body of knowledge of the license holder's  teaching area or instructional position. Grant reports that present the results  of educational research are acceptable provided the license holder had an  active role in planning, analyzing, interpreting, demonstrating, disseminating,  or evaluating the study or innovation. The article must be published in a  recognized professional journal.
    5. Publication of book. Books must be published for purchase  and must contribute to the education profession or to the body of knowledge of  the license holder's teaching area or instructional position. The published  book must increase the field of content knowledge, planning and assessment for  evaluating and providing students with feedback that encourages student  progress and measures student achievement, instruction, safety and learning  environment, communication and community relations working with students,  parents, and members of the community to promote broad support for student  learning. Points will not be awarded for books self-published.
    6. Mentorship. Mentoring is the process by which an  experienced professional, who has received mentorship training, provides  assistance to one or more persons for the purpose of improving their  performance. Assistance may involve role modeling, direct instruction,  demonstration, observation with feedback, developing of plans, and consultation  to promote instructional excellence and increased student achievement.  Mentoring may include the supervision of a field experience of a preservice  student teacher or an intern in an approved teacher/principal preparation  program, as well as mentoring as part of the induction process for a beginning  teacher or a first-year administrator. Individuals serving in this role and  submitting documentation for license renewal based on the mentorship option  shall receive training as a mentor prior to the assignment and at least once  during the five-year renewal cycle.
    7. Educational project. Educational projects must be planned,  focused projects based on high standards of teaching and learning. Projects  must result in a written report or other tangible product. Projects must  contribute to the education profession or to the body of knowledge of the  license holder's teaching area or instructional position. A project could  include participation in new professional responsibilities, such as leading a  school improvement initiative.
    8. Professional development activity. Professional development  activities must focus on student learning and achievement, schoolwide  educational improvement, leadership, subject content, teaching strategies, and  use of technologies and other essential elements in teaching to high standards.  Activities must be planned, rigorous, systematic, and promote continuous  inquiry and reflection. Local employing educational agencies are encouraged to  design professional development activities that are conducted in school  settings and linked to student learning and achievement.
    D. E. A minimum of 90 points (three semester  hours in a content area) at the undergraduate (two-year or four-year  institution) or graduate level in the license holder's endorsement areas shall  be required of license holders without a master's degree and may be satisfied  at the undergraduate (two-year or four-year institution) or graduate level.  Special education coursework designed to assist classroom teachers and other  school personnel in working with students with disabilities, a course in gifted  education, a course in educational technology, or a course in English as a  second language may be completed to satisfy the content course requirement for  one cycle of the renewal process. Professional development activities designed  to support the Virginia Standards of Learning, Standards of Accreditation, and  Assessments may be accepted in lieu of the content course for one renewal  cycle. The substance of the activities must clearly support these initiatives  and address one or more of the following areas: (i) new content knowledge to  implement the Virginia Standards of Learning; (ii) curriculum development  initiative designed to translate the standards from standards to classroom  objectives; (iii) teaching beginning reading skills including phonemic  awareness and the structure of language (phonics); (iv) staff development  activities in assessment to assist classroom teachers in the utilization of  test results to improve classroom instruction; and (v) professional development  designed to implement the technology standards in the schools. Technical  Professional License holders without baccalaureate degrees may satisfy the  requirement through career and technical education workshops, career and  technical education institutes, or through undergraduate coursework at two-year  or four-year institutions.
    E. F. Content area courses are courses at the  undergraduate level (two-year or four-year institution) or at the graduate  level that will not duplicate previous courses taken in the humanities, history  and social sciences, the sciences, mathematics, health and physical education,  and the fine arts. These courses are usually available through the college or  department of arts and sciences. License holders with elementary education,  middle education, special education, or reading endorsements must satisfy the  90-point requirement through reading coursework or content coursework in one of  the areas listed above. Courses available through a regionally accredited college's  or institution's department of education may be used to satisfy the content  requirement for those license holders with endorsements in health and physical  education, career and technical education, and library science education.
    F. G. With prior approval of the division  superintendent, the 90 points in a content area also may be satisfied through  coursework taken to obtain a new teaching endorsement or coursework taken  because of a particular need of a particular teacher.
    G. H. The remaining 90 points may be accrued by  activities drawn from one or more of the eight renewal options. Renewal work is  designed to provide licensed personnel with opportunities for professional  development relative to the grade levels or teaching fields to which they are  assigned or for which they seek an added endorsement. Such professional  development encompasses (i) responsible remediation of any area of an  individual's knowledge or skills that fail to meet the standards of competency  and (ii) responsible efforts to increase the individual's knowledge of new  developments in his field and to respond to new curricular demands within the  person's area of professional competence.
    H. I. The proposed work toward renewal in  certain options must be approved in advance by the chief executive officer or  designee of the employing educational agency. Persons who are not employed by  an educational agency may renew or reinstate their license by submitting to the  Office of Professional Licensure, Department of Education, their individualized  renewal record and verification of points, including official student  transcripts of coursework taken at an accredited two-year or four-year college  or university.
    I. J. Accrual of professional development  points shall be determined by criteria set forth by the Virginia Department of  Education.
    J. K. Persons seeking license renewal as  teachers must demonstrate proficiency in the use of educational technology for  instruction.
    K. L. Virginia school divisions and nonpublic  schools will recommend renewal of licenses using the renewal point system. The  renewal recommendation must include verification of demonstrated proficiency in  the use of educational technology for instruction.
    L. M. Training in instructional methods  tailored to promote academic progress and effective preparation for the  Standards of Learning tests and end-of-grade assessments is required for  licensure renewal.
    M. N. If they have not already met the  requirement, persons seeking licensure renewal as teachers must complete study  in child abuse recognition and intervention in accordance with curriculum  guidelines developed by the Board of Education in consultation with the  Department of Social Services that are relevant to the specific teacher  licensure routes.
    DOCUMENTS INCORPORATED BY REFERENCE (8VAC20-22)
    Virginia  Licensure Renewal Manual, eff. September 21, 2007, Virginia Department of  Education.
    Part VII 
  Competencies for Endorsement Areas 
    Article 1 
  General Competencies 
    8VAC20-542-70. Competencies for endorsement areas.
    A. The professional education program develops,  maintains, and continuously evaluates high quality professional education  programs that are collaboratively designed and based on identified needs of the  preK-12 community. Candidates in education programs for teachers demonstrate  competence in the core academic content areas that they plan to teach. The  indicator of the achievement of this standard shall include the following:
    Candidates demonstrate an understanding of competencies  including the core concepts and facts of the disciplines and the Virginia  Standards of Learning for the content areas they plan to teach.
    B. All teacher education programs in early/primary preK-3,  elementary education preK-6, middle education 6-8, and history and social  sciences must include local government and civics instruction specific to  Virginia.
    8VAC20-542-100. Early/primary education preK-3.
    The program for early/primary education preK-3 shall ensure  that the candidate has demonstrated the following competencies:
    1. Methods.
    a. Understanding of the knowledge, skills, and processes to  support learners in achievement of the Virginia Standards of Learning in  English, mathematics, history and social science, science, and  computer/technology;
    b. The ability to integrate English, mathematics, science,  health, history and social sciences, art, music, drama, movement, and  technology in learning experiences;
    c. The use of differentiated instruction and flexible  groupings to meet the needs of learners at different stages of development,  abilities, and achievement;
    d. The use of appropriate methods including those in visual  and performing arts , to help learners develop knowledge and basic skills,  sustain intellectual curiosity, and problem solve;
    e. The ability to utilize effective classroom management  skills through methods that shall build responsibility and self-discipline and  maintain a positive learning environment;
    f. The ability to modify and manage learning environments and  experiences to meet the individual needs of children, including children with  disabilities, gifted children, children with limited proficiency in English,  and children with diverse cultural needs;
    g. The ability to use formal and informal assessments to  diagnose needs, plan and modify instruction, and record student progress;
    h. A commitment to professional growth and development through  reflection, collaboration, and continuous learning;
    i. The ability to analyze, evaluate, apply quantitative and  qualitative research; and
    j. The ability to use technology as a tool for teaching,  learning, research, and communication.
    2. Knowledge and skills.
    a. Reading/English. Understanding of the content, knowledge,  skills, and processes for teaching the Virginia Standards of Learning for  English including: oral language (speaking and listening), reading, and  writing, and how these standards provide the core for teaching English in  grades preK-3 (early/primary licensure).
    (1) Assessment and diagnostic teaching. The individual shall:
    (a) Be proficient in the use of both formal and informal  assessment and screening measures for the component of reading: phoneme  awareness, letter recognition, decoding, fluency, vocabulary, reading levels,  and comprehension; and
    (b) Be proficient in the ability to use diagnostic data to  tailor instruction for acceleration, intervention, remediation, and flexible  skill-level groupings.
    (2) Oral communication. The individual shall:
    (a) Be proficient in the knowledge, skills, and processes  necessary for teaching oral language (speaking and listening);
    (b) Be proficient in developing students' phonological  awareness skills;
    (c) Demonstrate effective strategies for facilitating the  learning of standard English by speakers of other languages and dialects;
    (d) Demonstrate the ability to promote creative thinking and  expression, as through storytelling, drama, choral/oral reading, etc.
    (3) Reading/literature. The individual shall:
    (a) Be proficient in explicit phonics instruction, including  an understanding of sound/symbol relationships, syllables, phonemes, morphemes,  decoding skills, and word attack skills;
    (b) Be proficient in strategies to increase vocabulary/concept  development;
    (c) Be proficient in the structure of the English language,  including an understanding of syntax;
    (d) Be proficient in reading comprehension strategies for both  fiction and nonfiction text predicting, retelling, summarizing and guiding  students to make connections beyond the text;
    (e) Demonstrate the ability to develop comprehension skills in  all content areas;
    (f) Demonstrate the ability to foster the appreciation of a  variety of literature; and
    (g) Understand the importance of promoting independent reading  by selecting fiction and nonfiction books, at appropriate reading levels.
    (4) Writing. The individual shall:
    (a) Be proficient in the knowledge, skills, and processes  necessary for teaching writing, including the domains of composing, written  expression, and usage and mechanics and the writing process of planning,  drafting, revising, editing, and sharing;
    (b) Be proficient in systematic spelling instruction,  including awareness of the purpose and limitations of "invented  spelling," orthographic patterns, and strategies for promoting  generalization of spelling study to writing; and
    (c) Demonstrate the ability to teach the writing process:  plan, draft, revise, edit, and share in the narrative, descriptive, and  explanative modes.
    (5) Technology. The individual shall demonstrate the ability  to guide students in their use of technology for both process and product as  they work with reading and writing.
    b. Mathematics.
    (1) Understanding of the mathematics relevant to the content  identified in the Virginia Standards of Learning and how the standards provide  the foundation for teaching mathematics in grades preK-3. Experiences with  practical applications and the use of appropriate technology and manipulatives  should be used within the following content:
    (a) Number systems, their structure, basic operations, and  properties;
    (b) Elementary number theory, ratio, proportion and percent;
    (c) Algebra: operations with monomials and polynomials;  algebraic fractions; linear and quadratic equations and inequalities, linear  systems of equations and inequalities; radicals and exponents; arithmetic and  geometric sequences and series; algebraic and trigonometric functions; and  transformations among graphical, tabular, and symbolic form of functions;
    (d) Geometry: geometric figures, their properties, relationships,  Pythagorean Theorem; deductive and inductive reasoning; perimeter, area, and  surface area of two- and three-dimensional figures; coordinate and  transformational geometry; and constructions;
    (e) Probability and statistics: permutations and combinations;  experimental and theoretical probability; prediction; graphical representations  including box-and-whisker plots; measures of central tendency, range, and  normal distribution; and
    (f) Computer science: terminology, simple programming, and  software applications.
    (2) Understanding of the sequential nature of mathematics.
    (3) Understanding of the multiple representations of  mathematical concepts and procedures.
    (4) Understanding of and the ability to use the five processes  – reasoning mathematically, solving problems, communicating mathematics  effectively, making mathematical connections, and using mathematical  representations at different levels of complexity.
    (5) Understanding of the contributions of different cultures  toward the development of mathematics, and the role of mathematics in culture  and society.
    (6) Understanding of the role of technology and the ability to  use calculators and computers in the teaching and learning of mathematics.
    c. History and social sciences.
    (1) Understanding of the knowledge, skills, and processes of  history and the social science disciplines as defined in the Virginia Standards  of Learning and how the standards provide the necessary foundation for teaching  history and social sciences, including in:
    (a) History.
    (i) The contributions of ancient civilizations to American  social and political institutions;
    (ii) Major events in Virginia history from 1607 to the  present;
    (iii) Key individuals, documents, and events in United States  history; and
    (iv) The evolution of American's constitutional republic, its  ideas, institutions, and practices.
    (b) Geography.
    (i) The use of maps and other geographic representations,  tools, and technologies to acquire, process, and report information;
    (ii) The relationship between human activity and the physical  environment in the community and the world; and
    (iii) Physical processes that shape the surface of the earth.
    (c) Civics.
    (i) The privileges and responsibilities of good citizenship  and the importance of the rule of law for the protection of individual rights;
    (ii) The process of making laws in the United States and the  fundamental ideals and principles of a republican form of government; and
    (iii) The understanding that Americans are a people of diverse  ethnic origins, customs, and traditions, who are united by the basic principles  of a republican form of government and a common identity as Americans.;  and
    (iv) Local government and civics instruction specific to  Virginia.
    (d) Economics.
    (i) The basic economic principles that underlie the United States  market economy;
    (ii) The role of the individual and how economic decisions are  made in the market place; and
    (iii) The role of government in the structure of the United  States economy.
    (2) Understanding of the nature of history and the social  sciences, and how the study of the disciplines assists students in developing  critical thinking skills in helping them to understand:
    (a) The relationship between past and present;
    (b) The use of primary sources such as artifacts, letters,  photographs, and newspapers;
    (c) How events in history are shaped both by the ideas and  actions of people;
    (d) Diverse cultures and shared humanity;
    (e) Civic participation in a democracy; and
    (f) The relationship between history, literature, art, and  music.
    d. Science.
    (1) Understanding of the knowledge, skills, and processes of  the earth, life, and physical sciences as defined in the Virginia Science  Standards of Learning and how these standards provide a sound foundation for  teaching science in the elementary grades.
    (2) Understanding of the nature of science and scientific  inquiry, including:
    (a) The role of science in explaining and predicting events  and phenomena; and
    (b) The science skills of data analysis, measurement,  observation, prediction, and experimentation.
    (3) Understanding of the knowledge, skills, and processes for  an active elementary science program, including the ability to:
    (a) Design instruction reflecting the goals of the Virginia  Science Standards of Learning;
    (b) Conduct research projects and experiments in a safe  environment;
    (c) Organize key science content into meaningful units of  instruction;
    (d) Adapt instruction to diverse learners using a variety of  techniques;
    (e) Evaluate instructional materials, instruction, and student  achievement; and
    (f) Incorporate instructional technology to enhance student  performance in science.
    (4) Understanding of the content, processes, and skills of the  Earth sciences, biology, chemistry, and physics supporting the teaching of  elementary school science as defined by the Virginia Science Standards of  Learning and equivalent to academic course work in each of these core science  areas.
    (5) Understanding of the core scientific disciplines to  ensure:
    (a) The ability to teach the processes and organizing concepts  common to the natural and physical sciences; and
    (b) Student achievement in science.
    (6) Understanding of the contributions and significance of  science, including:
    (a) Its social and cultural significance;
    (b) The relationship of science to technology; and
    (c) The historical development of scientific concepts and  scientific reasoning.
    8VAC20-542-110. Elementary education preK-6.
    The program in elementary education preK-6 may require that  the candidate has completed an undergraduate major in interdisciplinary studies  (focusing on the areas of English, mathematics, history and social sciences,  and science) or in Virginia's core academic areas of English, mathematics,  history and social sciences (i.e., history, government, geography and  economics), or science and demonstrated the following competencies:
    1. Methods.
    a. Understanding of the needed knowledge, skills, and  processes to support learners in achievement of the Virginia Standards of  Learning in English, mathematics, history and social science, science, and  computer/technology;
    b. The ability to integrate English, mathematics, science,  health, history and social sciences, art, music, drama, movement, and  technology in learning experiences;
    c. The use of differentiated instruction and flexible  groupings to meet the needs of learners at different stages of development,  abilities, and achievement;
    d. The use of appropriate methods , including those in visual  and performing arts, to help learners develop knowledge and basic skills,  sustain intellectual curiosity, and problem solve;
    e. The ability to utilize effective classroom and behavior  management skills through methods that shall build responsibility and  self-discipline and maintain a positive learning environment;
    f. The ability to modify and manage learning environments and  experiences to meet the individual needs of children, including children with  disabilities, gifted children, and children with limited proficiency in  English, and children with diverse cultural needs;
    g. The ability to use formal and informal assessments to  diagnose needs, plan and modify instruction, and record student progress;
    h. A commitment to professional growth and development through  reflection, collaboration, and continuous learning;
    i. The ability to analyze, evaluate, and apply, quantitative  and qualitative research; and
    j. The ability to use technology as a tool for teaching,  learning, research, and communication.
    2. Knowledge and skills.
    a. Reading/English. Understanding of the content, knowledge,  skills, and processes for teaching the Virginia Standards of Learning for  English including: oral language (speaking and listening), reading, writing,  and literature, and how these standards provide the core for teaching English  in grades preK-6 (elementary licensure).
    (1) Assessment and diagnostic teaching. The individual shall:
    (a) Be proficient in the use of both formal and informal  assessment and screening measures for the components of reading: phoneme  awareness, letter recognition, decoding, fluency, vocabulary, reading level,  and comprehension; and
    (b) Be proficient in the ability to use diagnostic data to  tailor instruction, for acceleration, intervention, remediation and flexible  skill-level groupings.
    (2) Oral communication. The individual shall:
    (a) Be proficient in the knowledge, skills, and processes  necessary for teaching oral language (speaking and listening);
    (b) Be proficient in developing students' phonological  awareness skills;
    (c) Demonstrate effective strategies for facilitating the  learning of standard English by speakers of other languages and dialects; and
    (d) Demonstrate the ability to promote creative thinking and  expression, as through storytelling, drama, choral/oral reading, etc.
    (3) Reading/literature. The individual shall:
    (a) Be proficient in explicit phonics instruction, including  an understanding of sound/symbol relationships, syllables, phonemes, morphemes,  decoding skills, and word attack skills;
    (b) Be proficient in strategies to increase vocabulary/concept  development;
    (c) Be proficient in the structure of the English language,  including an understanding of syntax and semantics;
    (d) Be proficient in reading comprehension strategies for both  fiction and nonfiction text, including questioning, predicting, summarizing,  clarifying, and associating the unknown with what is known;
    (e) Demonstrate the ability to develop comprehension skills in  all content areas;
    (f) Demonstrate the ability to foster appreciation of a  variety of literature; and
    (g) Understand the importance of promoting independent reading  by selecting fiction and nonfiction books, at appropriate reading levels.
    (4) Writing. The individual shall:
    (a) Be proficient in the knowledge, skills, and processes  necessary for teaching writing, including the domains of composing, written  expression, and usage and mechanics and the writing process of planning,  drafting, revising, editing, and sharing;
    (b) Be proficient in systematic spelling instruction,  including awareness of the purpose and limitations of "invented  spelling," orthographic patterns, and strategies for promoting  generalization of spelling study to writing; and
    (c) Demonstrate the ability to teach the writing process: plan  draft, revise, edit, and share in the narrative, descriptive, and explanative  modes.
    (5) Technology. The individual shall demonstrate the ability  to guide students in their use of technology for both process and product as  they work with reading, writing, and research.
    b. Mathematics.
    (1) Understanding of the mathematics relevant to the content  identified in the Virginia Standards of Learning and how the standards provide  the foundation for teaching mathematics in grades preK-6. Experiences with  practical applications and the use of appropriate technology and manipulatives  should be used within the following content:
    (a) Number systems, their structure, basic operations, and  properties;
    (b) Elementary number theory, ratio, proportion and percent;
    (c) Algebra: operations with monomials and polynomials;  algebraic fractions; linear and quadratic equations and inequalities, linear  systems of equations and inequalities; radicals and exponents; arithmetic and  geometric sequences and series; algebraic and trigonometric functions; and  transformations among graphical, tabular, and symbolic form of functions;
    (d) Geometry: geometric figures, their properties,  relationships, Pythagorean Theorem; deductive and inductive reasoning;  perimeter, area, and surface area of two- and three-dimensional figures;  coordinate and transformational geometry; and constructions;
    (e) Probability and statistics: permutations and combinations;  experimental and theoretical probability; prediction; graphical representations  including box-and-whisker plots; measures of central tendency, range, and  normal distribution; and
    (f) Computer science: terminology, simple programming, and  software applications.
    (2) Understanding of the sequential nature of mathematics.
    (3) Understanding of the multiple representations of  mathematical concepts and procedures.
    (4) Understanding of and the ability to use the five processes  – reasoning mathematically, solving problems, communicating mathematics  effectively, making mathematical connections, and using mathematical  representations at different levels of complexity.
    (5) Understanding of the contributions of different cultures  toward the development of mathematics, and the role of mathematics in culture  and society.
    (6) Understanding of the role of technology and the ability to  use calculators and computers in the teaching and learning of mathematics.
    c. History and social sciences.
    (1) Understanding of the knowledge, skills, and processes of  history and the social sciences disciplines as defined in the Virginia  Standards of Learning and how the standards provide the necessary foundation  for teaching history and social sciences, including in:
    (a) History.
    (i) The contributions of ancient civilizations to American  social and political institutions;
    (ii) Major events in Virginia history from 1607 to the  present;
    (iii) Key individuals, documents, and events in United States  history; and
    (iv) The evolution of America's constitutional republic, its  ideas, institutions, and practices.
    (b) Geography.
    (i) The use of maps and other geographic representations,  tools, and technologies to acquire, process, and report information;
    (ii) The relationship between human activity and the physical  environment in the community and the world; and
    (iii) Physical processes that shape the surface of the earth;
    (c) Civics.
    (i) The privileges and responsibilities of good citizenship  and the importance of the Rule of Law for the protection of individual rights;
    (ii) The process of making laws in the United States and the  fundamental ideals and principles of a republican form of government; and
    (iii) The understanding that Americans are a people of diverse  ethnic origins, customs, and traditions, who are united by basic principles of  a republican form of government and a common identity as Americans.;  and
    (iv) Local government and civics instruction specific to  Virginia.
    (d) Economics.
    (i) The basic economic principles that underlie the United  States market economy;
    (ii) The role of the individual and how economic decisions are  made in the market place; and
    (iii) The role of government in the structure of the United  States economy.
    (2) Understanding of the nature of history and social sciences  and how the study of the disciplines assists students in developing critical  thinking skills in helping them to understand:
    (a) The relationship between past and present;
    (b) The use of primary sources such as artifacts, letters,  photographs, and newspapers;
    (c) How events in history are shaped both by the ideas and  actions of people;
    (d) Diverse cultures and shared humanity;
    (e) Civic participation in a democracy; and
    (f) The relationship between history, literature, art, and  music.
    d. Science.
    (1) Understanding of the knowledge, skills, and processes of  the earth, life, and physical sciences as defined in the Virginia Science  Standards of Learning and how these standards provide a sound foundation for  teaching science in the elementary grades;
    (2) Understanding of the nature of science and scientific  inquiry, including:
    (a) The role of science in explaining and predicting events  and phenomena; and
    (b) The science skills of data analysis, measurement,  observation, prediction, and experimentation.
    (3) Understanding of the knowledge, skills, and processes for  an active elementary science program including the ability to:
    (a) Design instruction reflecting the goals of the Virginia  Science Standards of Learning;
    (b) Conduct research projects and experiments in a safe  environment;
    (c) Organize key science content into meaningful units of  instruction;
    (d) Adapt instruction to diverse learners using a variety of  techniques;
    (e) Evaluate instructional materials, instruction, and student  achievement; and
    (f) Incorporate instructional technology to enhance student  performance in science.
    (4) Understanding of the content, processes, and skills of the  Earth sciences, biology, chemistry, and physics supporting the teaching of  elementary school science as defined by the Virginia Science Standards of  Learning and equivalent course work reflecting each of these core science  areas.
    (5) Understanding of the core scientific disciplines to  ensure:
    (a) The ability to teach the processes and organizing concepts  common to the natural and physical sciences; and
    (b) Student achievement in science.
    (6) Understanding of the contributions and significance of  science including:
    (a) Its social and cultural significance;
    (b) The relationship of science to technology; and
    (c) The historical development of scientific concepts and  scientific reasoning.
    8VAC20-542-120. Middle education 6-8.
    The program in middle education 6-8 with at least one area of  academic preparation shall ensure that the candidate has demonstrated the  following competencies:
    1. Methods.
    a. Understanding of the required knowledge, skills, and  processes to support learners in achievement of the Virginia Standards of  Learning for grades 6-8;
    b. The use of appropriate methods, including direct  instruction, to help learners develop knowledge and skills, sustain  intellectual curiosity, and solve problems;
    c. The ability to plan and teach collaboratively to facilitate  interdisciplinary learning;
    d. The use of differentiated instruction and flexible  groupings to meet the needs of preadolescents at different stages of  development, abilities, and achievement;
    e. The ability to utilize effective classroom and behavior  management skills through methods that shall build responsibility and  self-discipline and maintain a positive learning environment;
    f. The ability to modify and manage learning environments and  experiences to meet the individual needs of preadolescents, including children  with disabilities, gifted children, and children with limited proficiency in  the English language;
    g. The ability to use formal and informal assessments to  diagnose needs, plan and modify instruction, and record student progress;
    h. A commitment to professional growth and development through  reflection, collaboration, and continuous learning;
    i. The ability to analyze, evaluate, apply, and conduct  quantitative and qualitative research;
    j. The ability to use technology as a tool for teaching,  learning, research, and communication;
    k. An understanding of how to apply a variety of school  organizational structures, schedules, groupings, and classroom formats  appropriately for middle level learners;
    l. Skill in promoting the development of all students'  abilities for academic achievement and continued learning; and
    m. The ability to use reading in the content area strategies  appropriate to text and student needs.
    2. English.
    a. Possession of the skills necessary to teach the writing  process, to differentiate among the forms of writing (narrative, descriptive,  informational, and persuasive), and to use computers and other available  technology;
    b. Understanding of and knowledge in grammar, usage, and  mechanics and its integration in writing;
    c. Understanding and the nature and development of language  and its impact on vocabulary development and spelling;
    d. Understanding of and knowledge in techniques and strategies  to enhance reading comprehension and fluency;
    e. Understanding of and knowledge in the instruction of  speaking, and listening, and note taking; and
    f. Knowledge of varied works from current and classic young  adult literature appropriate for English instruction of fiction, nonfiction,  and poetry.
    3. History and social sciences.
    a. Understanding of the knowledge, skills, and processes of  history and the social science disciplines as defined by the Virginia History  and Social Sciences Standards of Learning and how the standards provide the  foundation for teaching history and social sciences, including in:
    (1) United States history.
    (a) The evolution of the American constitutional republic and  its ideas, institutions, and practices from the colonial period to the present;  the American Revolution, including ideas and principles preserved in  significant Virginia and United States historical documents as required by § 22.1-201 of the Code of Virginia (Declaration of American Independence, the  general principles of the Constitution of the United States, the Virginia  Statute of Religious Freedom, the charters of April 10, 1606, May 23, 1609, and  March 12, 1612, of The Virginia Company, and the Virginia Declaration of  Rights), and historical challenges to the American political system (i.e.,  slavery, the Civil War, emancipation, and civil rights);
    (b) The influence of religious traditions on the American  heritage and on contemporary American society;
    (c) The changing role of America around the world; the  relationship between domestic affairs and foreign policy; global political and  economic interactions;
    (d) The influence of immigration on American political,  social, and economic life;
    (e) Origins, effects, aftermath and significance of the two  world wars, the Korean and Vietnam conflicts, and the Post-Cold War Era;
    (f) Social, political, and economic transformations in  American life during the 20th century; and
    (g) Tensions between liberty and equality, liberty and order,  region and nation, individualism and the common welfare, and between cultural  diversity and civic unity.
    (2) World history.
    (a) The political, philosophical, and cultural legacies of  ancient, American, Asian, African, and European civilizations;
    (b) Origins, ideas, and institutions of Judaism, Christianity,  Hinduism, Confucianism and Taoism, and Shinto, Buddhist and Islamic religious  traditions;
    (c) Medieval society and institutions; relations with Islam;  feudalism and the evolution of representative government;
    (d) The social, political, and economic contributions of  selected civilizations in Africa, Asia, Europe, and the Americas;
    (e) The culture and ideas of the Renaissance and the  Reformation, European exploration, and the origins of capitalism and  colonization;
    (f) The cultural ideas of the Enlightenment and the  intellectual revolution of the 17th and 18th centuries;
    (g) The sources, results, and influence of the American and  French revolutions;
    (h) The social consequences of the Industrial Revolution and  its impact on politics and culture;
    (i) The global influence of European ideologies of the 19th  and 20th centuries (liberalism, republicanism, social democracy, Marxism,  nationalism, Communism, Fascism, and Nazism); and
    (j) The origins, effects, aftermath, and significance of the  two world wars.
    (3) Civics and economics.
    (a) Essential characteristics of limited and unlimited  governments;
    (b) Importance of the Rule of Law for the protection of  individual rights and the common good;
    (c) Rights and responsibilities of American citizenship;
    (d) Nature and purposes of constitutions and alternative ways  of organizing constitutional governments;
    (e) American political culture;
    (f) Values and principles of the American constitutional  republic;
    (g) Structures, functions, and powers of local and state  government;
    (h) Importance of citizen participation in the political  process in local and state government;
    (i) Structures, functions, and powers of the national  government; and Local government and civics instruction specific to  Virginia;
    (j) The structure and function of the United States market  economy as compared with other economies. Structures, functions, and  powers of the national government; and
    (k) The structure and function of the United States market  economy as compared with other economies.
    b. Understanding of the nature of history and social sciences  and how the study of these disciplines helps students go beyond critical  thinking skills to help them appreciate:
    (1) The significance of the past to their lives and to  society;
    (2) Diverse cultures and shared humanity;
    (3) How things happen, how they change, and how human  intervention matters;
    (4) The interplay of change and continuity;
    (5) Historical cause and effect;
    (6) The importance of individuals who have made a difference  in history and the significance of personal character to the future of society;
    (7) The relationship among history, geography, civics, and  economics; and
    (8) The difference between fact and conjecture, evidence and  assertion, and the importance of framing useful questions.
    4. Mathematics.
    a. Understanding of the knowledge and skills necessary to  teach the Virginia Mathematics Standards of Learning and how curriculum may be  organized to teach these standards to diverse learners;
    b. Understanding of a core knowledge base of concepts and  procedures within the discipline of mathematics, including the following  strands: number and number sense; computation and estimation; geometry and  measurement; statistics and probability; patterns, functions, and algebra;
    c. Understanding of the sequential nature of mathematics and  the mathematical structures inherent in the content strands;
    d. Understanding of and the ability to use the five processes  - becoming mathematical problem solvers, reasoning mathematically,  communicating mathematically, making mathematical connections, and representing  and describing mathematical ideas, generalizations, and relationships using a  variety of methods - at different levels of complexity;
    e. Understanding of the history of mathematics, including the  contributions of various individuals and cultures toward the development of  mathematics, and the role of mathematics in culture and society;
    f. Understanding of the major current curriculum studies and  trends in mathematics;
    g. Understanding of the role of technology and the ability to  use graphing utilities and computers in the teaching and learning of  mathematics;
    h. Understanding of and the ability to select, adapt, evaluate  and use instructional materials and resources, including professional journals  and technology;
    i. Understanding of and the ability to use strategies for  managing, assessing, and monitoring student learning, including diagnosing  student errors; and
    j. Understanding of and the ability to use strategies to teach  mathematics to diverse learners.
    5. Science.
    a. Understanding of the knowledge, skills, and processes of  the Earth, life, and physical sciences as defined in the Virginia Science  Standards of Learning and how these provide a sound foundation for teaching  science in the middle grades.
    b. Understanding of the nature of science and scientific  inquiry, including:
    (1) Function of research design and experimentation;
    (2) Role of science in explaining and predicting events and  phenomena; and
    (3) Science skills of data analysis, measurement, observation,  prediction, and experimentation.
    c. Understanding of the knowledge, skills, and processes for  an active middle school science program, including the ability to:
    (1) Design instruction reflecting the goals of the Virginia  Science Standards of Learning;
    (2) Conduct research projects and experiments;
    (3) Implement safety rules/procedures and ensure that students  take appropriate safety precautions;
    (4) Organize key science content into meaningful units of instruction;
    (5) Adapt instruction to diverse learners using a variety of  techniques;
    (6) Evaluate instructional materials, instruction, and student  achievement; and
    (7) Incorporate instructional technology to enhance student  performance in science.
    d. Understanding of the content, processes, and skills of the  Earth sciences, biology, chemistry, and physics supporting the teaching of  middle school science as defined by the Virginia Science Standards of Learning  and equivalent to academic course work in each of these core science areas.
    e. Understanding of the core scientific disciplines to ensure:
    (1) The placement of science in an appropriate  interdisciplinary context;
    (2) The ability to teach the processes and organize concepts  common to the natural and physical sciences; and
    (3) Student achievement in science.
    f. Understanding of the contributions and significance of  science to include:
    (1) Its social and cultural significance;
    (2) The relationship of science to technology; and
    (3) The historical development of scientific concepts and  scientific reasoning.
    8VAC20-542-330. History and social sciences.
    The program in history and social sciences shall ensure that  the candidate has demonstrated the following competencies:
    1. Understanding of the knowledge, skills, and processes of  history and the social science disciplines as defined by the Virginia History  and Social Sciences Standards of Learning and how the standards provide the  foundation for teaching history and the social sciences, including in:
    a. United States history.
    (1) The evolution of the American constitutional republic and  its ideas, institutions, and practices from the colonial period to the present;  the American Revolution, including ideas and principles preserved in  significant Virginia and United States historical documents as required by § 22.1-201 of the Code of Virginia (Declaration of American Independence, the  general principles of the Constitution of the United States, the Virginia  Statute of Religious Freedom, the charters of April 10, 1606, May 23, 1609, and  March 12, 1612, of the Virginia Company, and the Virginia Declaration of  Rights); and historical challenges to the American political system;
    (2) The influence of religious traditions on American heritage  and contemporary American society;
    (3) The influence of immigration on American political,  social, and economic life;
    (4) The origins, effects, aftermath and significance of the  two world wars, the Korean and Vietnam conflicts, and the Post-Cold War Era;
    (5) The social, political, and economic transformations in  American life during the 20th century;
    (6) The tensions between liberty and equality, liberty and  order, region and nation, individualism and the common welfare, and between  cultural diversity and national unity; and
    (7) The difference between a democracy and a republic.
    b. World history.
    (1) The political, philosophical, and cultural legacies of  ancient American, Asian, African, and European civilizations;
    (2) The origins, ideas, and institutions of Judaism,  Christianity, Hinduism, Confucianism and Taoism, and Shinto, Buddhist and  Islamic religious traditions;
    (3) Medieval society, institutions, and civilizations;  feudalism and the evolution of representative government;
    (4) The social, political, and economic contributions of selected  civilizations in Africa, Asia, Europe, and the Americas;
    (5) The culture and ideas of the Renaissance and the  Reformation, European exploration, and the origins of capitalism and  colonization;
    (6) The cultural ideas of the Enlightenment and the intellectual  revolution of the 17th and 18th centuries;
    (7) The sources, results, and influences of the American and  French revolutions;
    (8) The social consequences of the Industrial Revolution and  its impact on politics and culture;
    (9) The global influence of European ideologies of the 19th  and 20th centuries (liberalism, republicanism, social democracy, Marxism,  nationalism, Communism, Fascism, and Nazism); and
    (10) The origins, effects, aftermath and significance of the  two world wars, the Korean and Vietnam conflicts, and the Post-Cold War Era.
    c. Civics/government and economics.
    (1) The essential characteristics of limited and unlimited  governments;
    (2) The importance of the Rule of Law for the protection of  individual rights and the common good;
    (3) The rights and responsibilities of American citizenship;
    (4) The nature and purposes of constitutions and alternative  ways of organizing constitutional governments;
    (5) American political culture;
    (6) Values and principles of the American constitutional  republic;
    (7) The structures, functions, and powers of local and state  government;
    (8) Importance of citizen participation in the political  process in local and state government;
    (9) Local government and civics instruction specific to  Virginia;
    (9) (10) The structures, functions, and powers  of the national government;
    (10) (11) The role of the United States in  foreign policy and national security;
    (11) (12) The structure of the federal  judiciary;
    (12) (13) The structure and function of the  United States market economy as compared with other economies;
    (13) (14) Knowledge of the impact of the  government role in the economy and individual economic and political freedoms;
    (14) (15) Knowledge of economic systems in the  areas of productivity and key economic indicators; and
    (15) (16) The analysis of global economic  trends.
    d. Geography.
    (1) Use of maps and other geographic representations, tools,  and technologies to acquire, process, and report information;
    (2) Physical and human characteristics of places;
    (3) Relationship between human activity and the physical  environment;
    (4) Physical processes that shape the surface of the earth;
    (5) Characteristics and distribution of ecosystems on the  earth;
    (6) Characteristics, distribution, and migration of human  populations;
    (7) Patterns and networks of economic interdependence;
    (8) Processes, patterns, and functions of human settlement;
    (9) How the forces of conflict and cooperation influence the  division and control of the earth's surface;
    (10) How physical systems affect human systems;
    (11) Changes that occur in the meaning, use, distribution, and  importance of resources; and
    (12) Applying geography to interpret the past and the present  and to plan for the future.
    2. Understanding of history and social sciences to appreciate  the significance of:
    a. Diverse cultures and shared humanity;
    b. How things happen, how they change, and how human  intervention matters;
    c. The interplay of change and continuity;
    d. How people in other times and places have struggled with  fundamental questions of truth, justice, and personal responsibility;
    e. The importance of individuals who have made a difference in  history and the significance of personal character to the future of society;
    f. The relationship among history, geography, civics, and  economics;
    g. The difference between fact and conjecture, evidence and  assertion, and the importance of framing useful questions;
    h. How ideas have real consequences;
    i. The importance of primary documents and the potential  problems with second-hand accounts; and
    j. How scientific and technological advances affect the  workplace, healthcare, and education.
    3. Understanding of the use of the content and processes of  history and social sciences instruction, including:
    a. Fluency in historical analysis skills;
    b. Skill in debate, discussion, and persuasive writing;
    c. The ability to organize key social science content into  meaningful units of instruction;
    d. The ability to provide instruction using a variety of  instructional techniques;
    e. The ability to evaluate primary and secondary instructional  resources, instruction, and student achievement; and
    f. The ability to incorporate appropriate technologies into  social science instruction.
    4. Understanding of the content, processes, and skills of one  of the social sciences disciplines at a level equivalent to an undergraduate  major, along with sufficient understanding of the three supporting disciplines  to ensure:
    a. The ability to teach the processes and organizing concepts  of social science;
    b. An understanding of the significance of the social  sciences;
    c. Student achievement in the social sciences; and
    d. An understanding of the media influence on contemporary  America.
    5. Understanding of and proficiency in grammar, usage, and  mechanics and their integration in writing.
    VA.R. Doc. No. R11-2680; Filed November 30, 2010, 7:55 a.m.