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 18 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. 29:5 VA.R. 1075-1192 November 5, 2012, refers to Volume 29, Issue 5, pages 1075 through 1192 of the Virginia Register issued on
November 5, 2012.
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, Chair; James M. LeMunyon, Vice Chair, Gregory D. Habeeb; Ryan T. McDougle; Pamela S. Baskervill; Robert L. Calhoun; Carlos L. Hopkins; E.M. Miller, Jr.; Thomas M. Moncure, Jr.; Christopher R. Nolen; Timothy Oksman; Charles S. Sharp; Robert L. Tavenner.
Staff of the Virginia Register: Jane D. Chaffin, Registrar of Regulations; Karen Perrine, Assistant Registrar; Anne Bloomsburg, Regulations Analyst; Rhonda Dyer, Publications Assistant; Terri Edwards, Operations Staff Assistant.
PUBLICATION SCHEDULE AND DEADLINES
Vol. 31 Iss. 26 - August 24, 2015
August 2015 through August 2016
Volume: Issue
|
Material Submitted By Noon*
|
Will Be Published On
|
31:26
|
August 5, 2015
|
August 24, 2015
|
32:1
|
August 19, 2015
|
September 7, 2015
|
32:2
|
September 2, 2015
|
September 21, 2015
|
32:3
|
September 16, 2015
|
October 5, 2015
|
32:4
|
September 30, 2015
|
October 19, 2015
|
32:5
|
October 14, 2015
|
November 2, 2015
|
32:6
|
October 28, 2015
|
November 16, 2015
|
32:7
|
November 10, 2015 (Tuesday)
|
November 30, 2015
|
32:8
|
November 24, 2015 (Tuesday)
|
December 14, 2015
|
32:9
|
December 9, 2015
|
December 28, 2015
|
32:10
|
December 21, 2015 (Monday)
|
January 11, 2016
|
32:11
|
January 6, 2016
|
January 25, 2016
|
32:12
|
January 20, 2016
|
February 8, 2016
|
32:13
|
February 3, 2016
|
February 22, 2016
|
32:14
|
February 17, 2016
|
March 7, 2016
|
32:15
|
March 2, 2016
|
March 21, 2016
|
32:16
|
March 16, 2016
|
April 4, 2016
|
32:17
|
March 30, 2016
|
April 18, 2016
|
32:18
|
April 13, 2016
|
May 2, 2016
|
32:19
|
April 27, 2016
|
May 16, 2016
|
32:20
|
May 11, 2016
|
May 30, 2016
|
32:21
|
May 25, 2016
|
June 13, 2016
|
32:22
|
June 8, 2016
|
June 27, 2016
|
32:23
|
June 22, 2016
|
July 11, 2016
|
32:24
|
July 6, 2016
|
July 25, 2016
|
32:25
|
July 20, 2016
|
August 8, 2016
|
32:26
|
August 3, 2016
|
August 22, 2016
|
*Filing deadlines are Wednesdays
unless otherwise specified.
PETITIONS FOR RULEMAKING
Vol. 31 Iss. 26 - August 24, 2015
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Initial Agency Notice
Title of Regulation: 18VAC85-110. Regulations Governing the Practice of Licensed Acupuncturists.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Dr. Arthur Yin Fan.
Nature of Petitioner's Request:
1. Add word "herbs" after "food supplements."
2. Add "basic examination prescription right" to acupuncture practice scope:
"Basic examination prescription right" includes: X-ray, ultrasound, MRI, etc. image tests; Blood routine test (CBC, complete blood count), Urine routine test (Urine analysis), Stool routine test (Stool analysis), Blood Liver panel, Blood Kidney panel, etc. bio-chem tests.
3. Require only a "recommendation" for diagnostic examination.
Prior to performing acupuncture, a licensed acupuncturist shall recommend patient to obtain written documentation that the patient has received a diagnostic examination within the past six months by a licensed doctor of medicine, osteopathy, chiropractic, or podiatry acting within the scope of his practice or shall provide to the patient a written recommendation for such a diagnostic examination on a form specified by the board and signed by the patient. The original of the signed form shall be maintained in the patient's chart and a copy provided to the patient. In case patient declines, the licensed acupuncturist shall let patient sign the consent form, check the reason of decline, and perform the basic examinations, includes in basic bio-chem lab tests and image test.
Agency Plan for Disposition of Request: In accordance with Virginia law, the petition has been filed with the Register of Regulations and will be published on August 24, 2015, and posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov. Comment on the petition will be requested until September 18, 2015, and may be posted on the Townhall or sent to the board. Following receipt of all comments on the petition to amend regulations, the matter will be considered by the Advisory Board on Acupuncture which will decide whether to recommend any changes to the regulatory language. This matter will be on the advisory board's agenda for its meeting on October 7, 2015, and on the full board's agenda on October 22, 2015.
Public Comment Deadline: September 18, 2015.
Agency Contact: Elaine J. Yeatts, Department of Health Professions, 9960 Mayland Drive, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.
VA.R. Doc. No. R15-38; Filed July 28, 2015, 16:19 p.m.
REGULATIONS
Vol. 31 Iss. 26 - August 24, 2015
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Withdrawal of Proposed Regulation
Title of Regulation: 4VAC15-90. Game: Deer (amending 4VAC15-90-85).
Statutory Authority: §§ 29.1-501 and 29.1-502 of
the Code of Virginia.
The Board of Game and Inland Fisheries has WITHDRAWN the
proposed amendments to 4VAC15-90-85, published in 26:2 VA.R. 131 September 28, 2009. The
proposed amendments designate the term "elk" specifically as
"Rocky Mountain elk" (Cervus elaphus) and prohibit the hunting of
Rocky Mountain elk in Virginia. On October 22, 2009, the board considered this
proposal for adoption as a final amendment and did not adopt it.
Agency Contact: Phil Smith, Regulatory Coordinator,
Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400,
Henrico, VA 23228, telephone (804) 367-8341, or email
phil.smith@dgif.virginia.gov.
VA.R. Doc. No. R10-2138; Filed July 30, 2015, 7:26 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Withdrawal of Proposed Regulation
Title of Regulation: 4VAC15-90. Game: Deer (amending 4VAC15-90-85).
Statutory Authority: §§ 29.1-501 and 29.1-502 of
the Code of Virginia.
The Board of Game and Inland Fisheries has WITHDRAWN the
proposed amendments to 4VAC15-90-85, published in 27:2 VA.R. 160 September 27, 2010. The
proposed amendments designate the term "elk" specifically as
"Rocky Mountain elk" (Cervus elaphus) and prohibit the hunting of
Rocky Mountain elk in Virginia. On October 5, 2010, the board considered this
proposal for adoption as a final amendment and did not adopt it.
Agency Contact: Phil Smith, Regulatory Coordinator,
Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400,
Henrico, VA 23228, telephone (804) 367-8341, or email
phil.smith@dgif.virginia.gov.
VA.R. Doc. No. R11-2596; Filed July 30, 2015, 7:26 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Withdrawal of Proposed Regulation
Withdrawal of Proposed Regulation
Title of Regulation: 4VAC15-260. Game: Waterfowl and
Waterfowl Blinds (amending 4VAC15-260-10).
Statutory Authority: § 29.1-501 of the Code of
Virginia.
The Board of Game and Inland Fisheries has WITHDRAWN the
proposed amendments to 4VAC15-260-10, published in 31:20 VA.R. 1648-1649 June 1, 2015. The
proposed amendments require stationary waterfowl blinds located in the public
waters to be marked with reflective material. On June 2, 2015, the board
considered this proposal for adoption as a final amendment and did not adopt
it.
Agency Contact: Phil Smith, Regulatory Coordinator,
Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400,
Henrico, VA 23228, telephone (804) 367-8341, or email
phil.smith@dgif.virginia.gov.
VA.R. Doc. No. R15-4405; Filed July 30, 2015, 7:26 a.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
FORENSIC SCIENCE BOARD
Final Regulation
REGISTRAR'S NOTICE: The
Forensic Science Board is claiming an exemption from Article 2 of 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
Forensic Science Board will receive, consider, and respond to petitions from
any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 6VAC40-60. DNA Data Bank
Regulations (amending 6VAC40-60-50).
Statutory Authority: §§ 9.1-1110 and 19.2-310.5 of
the Code of Virginia.
Effective Date: September 23, 2015.
Agency Contact: Amy M. Curtis, Department Counsel,
Department of Forensic Science, 700 North 5th Street, Richmond, VA 23219,
telephone (804) 786-6848, FAX (804) 786-6857, or email
amy.curtis@dfs.virginia.gov.
Summary:
The amendment conforms to Chapter 193 of the 2015 Acts of
Assembly by adding the Department of State Police as an agency that may be
provided information from the DNA data bank by secure electronic exchange of
data.
6VAC40-60-50. Provision of DNA data bank information to the
Virginia Department of Corrections, the Department of State Police, and
the Department of Juvenile Justice.
Any information from the DNA data bank provided to a duly
authorized representative of the Department of Corrections or the Department
of State Police pursuant to § 19.2-310.2 of the Code of Virginia or to
the Department of Juvenile Justice pursuant to § 16.1-299.1 of the Code of
Virginia shall be by a secure electronic exchange of data.
VA.R. Doc. No. R15-4451; Filed August 3, 2015, 12:14 p.m.
TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Fast-Track Regulation
Title of Regulation: 8VAC20-131. Regulations
Establishing Standards for Accrediting Public Schools in Virginia (amending 8VAC20-131-5, 8VAC20-131-10,
8VAC20-131-30, 8VAC20-131-50, 8VAC20-131-60, 8VAC20-131-110, 8VAC20-131-260,
8VAC20-131-270, 8VAC20-131-280, 8VAC20-131-300, 8VAC20-131-310, 8VAC20-131-315,
8VAC20-131-360).
Statutory Authority: §§ 22.1-16 and 22.1-253.13:3
of the Code of Virginia.
Public Hearing Information: No public hearings are
scheduled.
Public Comment Deadline: September 23, 2015.
Effective Date: October 8, 2015.
Agency Contact: Dr. Cynthia Cave, Assistant
Superintendent, Policy and Communications, Department of Education, P.O. Box
2120, Richmond, VA 23218-2120, telephone (804) 225-2403, FAX (804) 225-2524, or
email cynthia.cave@doe.virginia.gov.
Basis: Section 22.1-253.13:3 of the Code of Virginia
authorizes the Board of Education to promulgate regulations governing standards
for accrediting public schools. The Board of Education's overall regulatory
authority is found in § 22.1-16 of the Code of Virginia, which provides
that the board may promulgate such regulations as may be necessary to carry out
the board's powers and duties and the provisions of Title 22.1 of the Code of
Virginia.
Purpose: Amendments are needed to comport with
legislative changes made by the following acts of assembly:
• Chapter 570 of the 1999 Acts of Assembly
• Chapters 83, 172, 787, and 833 of the 2012 Acts of Assembly
• Chapters 498, 530, 609, and 710 of the 2013 Acts of Assembly
• Chapter 84 of the 2014 Acts of Assembly
• Chapters 144, 148, 150, 324, 329, 369, 563, 564, 565, 591,
701, 702, and 705 of the 2015 Acts of Assembly.
Within the proposed changes to the regulations are provisions
that have a direct impact on the safety and health of students and the
community, including:
1. The development by local school boards of policies for the
possession and administration of epinephrine in every school;
2. School personnel training for the administration of insulin
and glucagon in school buildings;
3. Student training in emergency first aid,
cardiopulmonary resuscitation, and the use of automated external defibrillators
to be awarded a Standard or an Advanced Studies Diploma;
4. The establishment of threat assessment teams within schools;
and
5. Conduct of lockdown drills by schools.
Other proposed amendments to the regulations address academic
expectations for students and school accountability measures, and support
standards for educational preparation of students, which are measured and
provided to the public.
Rationale for Using Fast-Track Process: The fast-track
rulemaking process is for regulations expected to be noncontroversial. This
revision is noncontroversial because its only purpose is to address legislation
that was adopted during the 2012 through 2015 sessions of the General Assembly,
and one bill adopted during the 1999 General Assembly session. In addition,
time is of the essence in promulgating these regulations because a number of
the legislative changes that are addressed impact school safety, provide
additional flexibility to school divisions or specify dates by which certain
provisions must be implemented or in place.
Substance: The following list describes the changes
required by legislation adopted during the 1999, 2012, 2013, 2014, and 2015
General Assembly sessions.
• Chapter 570 of the 1999 Acts of Assembly requires school
boards to ensure that at least two employees have been trained in the
administration of insulin and glucagon in school buildings with an
instructional and administrative staff of 10 or more, if one or more students
diagnosed as having diabetes attend the school. When there are fewer than 10
such staff members, school boards shall ensure that at least one employee has
been trained if one or more students with diabetes attend the school.
• Chapters 83 and 172 of the 2012 Acts of Assembly add three
points to the Graduation and Completion Index for each student who earns a
diploma and a Career and Technical Education credential.
• Chapters 787 and 833 of the 2012 Acts of Assembly require
local school boards to adopt and implement policies for the possession and
administration of epinephrine in every school.
• Chapters 498 and 530 of the 2013 Acts of Assembly require
students, beginning with the ninth-grade class of 2016-2017, to be trained in
emergency first aid, cardiopulmonary resuscitation, and the use of automated
external defibrillators to be awarded a Standard or an Advanced Studies
Diploma.
• Chapter 710 of the 2013 Acts of Assembly requires each school
to have a school threat assessment team. The threat assessment teams shall
provide guidance to students, faculty, and staff regarding recognition of
threatening or aberrant behavior that may represent a threat to the community.
• Chapter 609 of the 2013 Acts of Assembly requires at least
two lockdown drills every year--one in September and one in January.
• Chapter 84 of the 2014 Acts of Assembly replaces references
throughout the Code of Virginia to a General Educational Development program or
test with "a high school equivalency examination approved by the Board of
Education" or "a high school equivalency preparation program."
• Chapter 329 of the 2015 Acts of Assembly eliminates the term
"Special Diploma" and replaces it with the term "Applied Studies
Diploma."
• Chapter 563 of the 2015 Acts of Assembly requires the
Virginia Department of Education, for the purposes of the School Performance
Report Card, to include, as part of instructional costs, each school division's
expenditures on the hardware necessary to support electronic textbooks.
• Chapters 564 and 565 of the 2015 Acts of Assembly direct the
board to establish criteria for awarding a diploma seal of biliteracy and
require the board to establish criteria for awarding it in time for any student
graduating from a public high school in the Commonwealth in 2016 to be awarded
such a diploma seal.
• Chapters 144 and 148 of the 2015 Acts of Assembly require the
board to promulgate regulations to provide the same criteria for eligibility
for an expedited retake of any Standards of Learning (SOL) test, with the
exception of the writing SOL tests, to each student regardless of grade level or
course.
• Chapters 701 and 702 of the 2015 Acts of Assembly permit
local school divisions to waive the requirement for students to receive 140
clock hours of instruction to earn a standard unit of credit upon providing the
board with satisfactory proof, based on board guidelines, that the students for
whom such requirements are waived have learned the content and skills included
in the relevant SOL.
• Chapters 150 and 324 of the 2015 Acts of Assembly require the
board to amend the Standards of Accreditation by the 2016-2017 school year to
establish additional accreditation ratings that recognize the progress of
schools and student growth.
• Chapter 591 of the 2015 Acts of Assembly creates an
alternative, under certain circumstances, to the current requirement that, in
order to receive a standard diploma, a student must earn a Career and Technical
Education credential.
• Chapter 705 of the 2015 Acts of Assembly requires the board,
for the purposes of the Standards of Accreditation, to use a graduation rate that
excludes any student who fails to graduate because he or she is in the custody
of the Department of Corrections, the Department of Juvenile Justice, or local
law enforcement. This legislation becomes effective on July 1, 2016.
Issues: The primary advantage of the amendments to the
Standards of Accreditation further support accountability for all public
schools, student health and safety while attending school, and public
information about school performance. There are no disadvantages to the public,
the agency, or the Commonwealth. These revisions are required by changes in the
Code of Virginia adopted by the Virginia General Assembly.
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. The Board of
Education (Board) proposes numerous amendments to reflect 1999, 2012, 2013,
2014, and 2015 state legislation. The proposed amendments essentially repeat
Code of Virginia language from the legislation in the regulation. In three
instances the statutes instruct the Board to set criteria, and the Board's
proposed regulatory language state that criteria will be set by the Board, but
do not propose specific criteria in the regulation.1
Result of Analysis. The benefits likely exceed the costs.
Estimated Economic Impact. Essentially none of the proposed
amendments add detail to requirements and rules beyond that which is explicitly
stated in statute. Adding this language to the regulation is potentially
beneficial in that it may be easier for the public to find, but it has no other
impact.
The legislative mandate2 that beginning with
first-time ninth-grade students in the 2016-2017 school year that in order to
be awarded a Standard or Advanced Studies Diploma students shall be trained in
emergency first aid, cardiopulmonary resuscitation, and the use of automated
external defibrillators, including hands-on practice of the skills necessary to
perform cardiopulmonary resuscitation, introduces significant benefits and
costs. Having all (or nearly all) people publically educated in the
Commonwealth trained in emergency first aid, cardiopulmonary resuscitation, and
the use of automated external defibrillators will increase the likelihood that
someone with potentially lifesaving skills will be on hand in times of
emergency. To the extent that the high school students absorb and retain the
knowledge they gain in this training, the long-run benefits may be quite large.
For onsite training in emergency first aid, cardiopulmonary
resuscitation, and the use of automated external defibrillators, the American
Red Cross charges $250 plus $72 per student if there are at least 20 students.3
So for a high school with 100 freshmen, the annual cost in fees would be
$7,450.4 For a high school with 50 freshmen the fees would total
$3,850.5 The 2014/2015 statewide public school enrollment of
ninth-grade students was 105,324.6 There are 312 public high
schools.7 Thus, not counting the value of time, the annual statewide
cost for this requirement is approximately $7.7 million.8
If done all in person, the Red Cross training would take 5.5
hours. Alternatively, the students could do 2 hours of online training ahead of
time. In that case the in-person training would last 1.5 hours.9 The
fees would be the same in either case, but the amount of instructional time
that potentially could have been used for other subjects differs.
Businesses and Entities Affected. The proposed amendments
affect the 132 local school divisions in the Commonwealth.
Localities Particularly Affected. The proposed amendments do
not disproportionately affect particular localities.
Projected Impact on Employment. The proposed amendments will
not affect employment.
Effects on the Use and Value of Private Property. The proposed
amendments will not affect the use and value of private property.
Real Estate Development Costs. The proposed amendments will not
affect real estate development costs.
Small Businesses: Definition. Pursuant to § 2.2-4007.04 of
the Code of Virginia, small business is defined as "a business entity,
including its affiliates, that (i) is independently owned and operated and (ii)
employs fewer than 500 full-time employees or has gross annual sales of less
than $6 million."
Costs and Other Effects. The proposed amendments will not
affect small businesses.
Alternative Method that Minimizes Adverse Impact. The proposed
amendments will not adversely affect small businesses.
Adverse Impacts:
Businesses: The proposed amendments will not adversely affect businesses.
Localities: The proposed amendments will not adversely affect
localities.
Other Entities: The proposed amendments will not adversely
affect other entities.
Legal Mandates.
General: The Department of Planning and Budget has analyzed the
economic impact of this proposed regulation in accordance with
§ 2.2-4007.04 of the Code of Virginia (Code) and Executive Order Number 17
(2014). Code § 2.2-4007.04 requires that such economic impact analyses
determine the public benefits and costs of the proposed amendments. Further the
report should include but not be limited to: (1) the projected number of
businesses or other entities to whom the proposed regulatory action would
apply, (2) the identity of any localities and types of businesses or other
entities particularly affected, (3) the projected number of persons and
employment positions to be affected, (4) the projected costs to affected
businesses or entities to implement or comply with the regulation, and (5) the
impact on the use and value of private property.
Adverse impacts: Pursuant to Code § 2.2-4007.04(C): In the
event this economic impact analysis reveals that the proposed regulation would
have an adverse economic impact on businesses or would impose a significant
adverse economic impact on a locality, business, or entity particularly
affected, the Department of Planning and Budget shall advise the Joint
Commission on Administrative Rules, the House Committee on Appropriations, and
the Senate Committee on Finance within the 45-day period.
If the proposed regulatory action may have an adverse effect on
small businesses, Code § 2.2-4007.04 requires that such economic impact
analyses include: (1) an identification and estimate of the number of small
businesses subject to the proposed regulation, (2) the projected reporting,
recordkeeping, and other administrative costs required for small businesses to
comply with the proposed regulation, including the type of professional skills
necessary for preparing required reports and other documents, (3) a statement
of the probable effect of the proposed regulation on affected small businesses,
and (4) a description of any less intrusive or less costly alternative methods
of achieving the purpose of the proposed regulation. Additionally, pursuant to
Code § 2.2-4007.1, if there is a finding that a proposed regulation may
have an adverse impact on small business, the Joint Commission on
Administrative Rules shall be notified.
_________________________________________________
1 Chapters 144 and 148, 150 and 324, and 564 and 565 of
the 2015 Virginia Acts of Assembly
2 Chapters 498 and 530 of the 2013 Virginia Acts of
Assembly
3 These figures are based on an Internet search and
phone conversation with the American Red Cross.
4 $250 + (100 x $72) = $7,450
5 $250 + (50 x $72) = $3,850
6 Data Source: Virginia Department of Education website:
http://www.doe.virginia.gov/statistics_reports/enrollment/fall_membership/index.shtml
7 Ibid
8 (312 x $250) + (105,324 x $72) = $7,661,328
9 Source: American Red Cross
Agency's Response to Economic Impact Analysis: The
agency concurs with the economic impact analysis completed by the Department of
Planning and Budget. The agency will continue to examine the economic and
administrative impact of the regulations as they progress through the regulatory
process.
Summary:
This regulatory action addresses legislation that was
enacted by the General Assembly during the 1999, 2012, 2013, 2014, and 2015
sessions. The amendments:
1. Require the addition of three points to the graduation
and completion index for each student who earns a diploma and a career and
technical education credential;
2. Require local school boards to adopt and implement
policies for the possession and administration of epinephrine in every school;
3. Require school boards to ensure that at least two
employees have been trained in the administration of insulin and glucagon in
school buildings with an instructional and administrative staff of 10 or more
or at least one employee has received such training when there are fewer than 10
such staff members, if one or more students diagnosed as having diabetes attend
the school;
4. Require students, beginning with the ninth-grade class
of 2016-2017, to be trained in emergency first aid, cardiopulmonary
resuscitation, and the use of automated external defibrillators to be awarded a
Standard or an Advanced Studies Diploma;
5. Require each school to have a school threat assessment
team;
6. Require at least two lockdown drills every year, one in
September and one in January;
7. Replace references to a General Educational Development
(GED) program or test with "a high school equivalency examination approved
by the Board of Education" or a "high school equivalency preparation
program";
8. Replace the term "Special Diploma" with
"Applied Studies Diploma";
9. Establish criteria for awarding a diploma seal of
biliteracy for any eligible student graduating from a public high school in the
Commonwealth beginning in 2016;
10. Provide for an expedited retake of any Standards of
Learning (SOL) test, with the exception of the writing SOL tests, to each
student regardless of grade level or course;
11. Permit local school divisions to waive the requirement
for students to receive 140 clock hours of instruction to earn a standard unit
of credit upon providing the board with satisfactory proof that the students
for whom such requirements are waived have learned the content and skills
included in the relevant SOL;
12. Establish additional accreditation ratings that
recognize the progress of schools and student growth to be effective no later
than academic year 2016-2017;
13. Create an alternative, under certain circumstances, to
the current requirement that in order to receive a standard diploma, a student
must earn a career and technical education credential; and
14. Require the board, for the purposes of the Standards of
Accreditation, to use a graduation rate that excludes any student who fails to
graduate because he or she is in the custody of the Department of Corrections,
the Department of Juvenile Justice, or local law enforcement.
Part I
Definitions and Purpose
8VAC20-131-5. Definitions.
The following words and terms apply only to these regulations
and do not supersede those definitions used for federal reporting purposes or
for the calculation of costs related to the Standards of Quality (§
22.1-253.13:1 et seq. of the Code of Virginia). When used in these regulations,
these words shall have the following meanings, unless the context clearly
indicates otherwise:
"Accreditation" means a process used by the
Virginia Department of Education (hereinafter "department") to
evaluate the educational performance of public schools in accordance with these
regulations.
"Additional test" means a test, including
substitute tests approved by the Board of Education that students may use in
lieu of a Standards of Learning test to obtain verified credit.
"Class period" means a segment of time in the
school day that is approximately 1/6 of the instructional day.
"Combined school" means a public school that
contains any combination of or all of the grade levels from kindergarten
through grade 12. This definition does not include those schools defined as
elementary, middle, or secondary schools.
"Credit accommodations" means adjustments to meet
the standard and verified credit requirements for earning a Standard Diploma
for students with disabilities.
"Elementary school" means a public school with any
grades kindergarten through five.
"Eligible students" means the total number of
students of school age enrolled in the school at a grade or course for which a
Standards of Learning test is required unless excluded under the provisions of
8VAC20-131-30 G and 8VAC20-131-280 D relative to limited English proficient
(LEP) students.
"Enrollment" means the act of complying with state
and local requirements relative to the registration or admission of a child for
attendance in a school within a local school division. This term also means
registration for courses within the student's home school or within related
schools or programs.
"First time" means the student has not been
enrolled in the school at any time during the current school year (for purposes
of 8VAC20-131-60 with reference to students who transfer in during the school
year).
"Four core areas" or "four core academic
areas" means English, mathematics, science, and history and social science
for purposes of testing for the Standards of Learning.
"Graduate" means a student who has earned a Board
of Education recognized diploma, which includes the Advanced Studies Diploma,
the Standard Diploma, and the Special Diploma Applied Studies Diploma.
"Homebound instruction" means academic instruction
provided to students who are confined at home or in a health care facility for
periods that would prevent normal school attendance based upon certification of
need by a licensed physician or a licensed clinical psychologist.
"Locally awarded verified credit" means a verified
unit of credit awarded by a local school board in accordance with
8VAC20-131-110.
"Middle school" means a public school with any
grades 6 through 8.
"Planning period" means one class period per day or
the equivalent unencumbered of any teaching or supervisory duties.
"Recess" means a segment of free time exclusive of
time provided for meals during the standard school day in which students are
given a break from instruction.
"Reconstitution" means a process that may be used
to initiate a range of accountability actions to improve pupil performance,
curriculum, and instruction to address deficiencies that caused a school to be
rated Accreditation Denied that may include, but not be limited to,
restructuring a school's governance, instructional program, staff or student
population.
"School" means a publicly funded institution where
students are enrolled for all or a majority of the instructional day and:
1. Those students are reported in fall membership at the
institution; and
2. At a minimum, the institution meets the preaccreditation
eligibility requirements of these regulations as adopted by the Board of
Education.
"Secondary school" means a public school with any
grades 9 through 12.
"Standard school day" means a calendar day that
averages at least five and one-half instructional hours for students in grades
1 through 12, excluding breaks for meals and recess, and a minimum of three
instructional hours for students in kindergarten.
"Standard school year" means a school year of at
least 180 teaching days or a total of at least 990 teaching hours per year.
"Standard unit of credit" or "standard
credit" means credit awarded for a course in which the student
successfully completes 140 clock hours of instruction and the requirements of
the course. Local school boards may develop alternatives to the requirement for
140 clock hours of instruction as provided for in 8VAC20-131-110.
"Standards of Learning tests" or "SOL
tests" means those criterion referenced assessments approved by the Board
of Education for use in the Virginia assessment program that measure attainment
of knowledge and skills required by the Standards of Learning.
"Student" means a person of school age as defined
by § 22.1-1 of the Code of Virginia, a child with disabilities as defined
in § 22.1-213 of the Code of Virginia, and a person with limited English
proficiency in accordance with § 22.1-5 of the Code of Virginia.
"Student periods" means the number of students a
teacher instructs per class period multiplied by the number of class periods
taught.
"Verified unit of credit" or "verified
credit" means credit awarded for a course in which a student earns a
standard unit of credit and achieves a passing score on a corresponding
end-of-course SOL test or an additional test approved by the Board of Education
as part of the Virginia assessment program.
"Virginia assessment program" means a system used
to evaluate student achievement that includes Standards of Learning tests and
additional tests that may be approved from time to time by the Board of
Education.
8VAC20-131-10. Purpose.
The foremost purpose of public education in Virginia is to
provide children with a quality education giving them opportunities to meet
their fullest potential in life. The standards for the accreditation of public
schools in Virginia are designed to ensure that an effective educational
program is established and maintained in Virginia's public schools. The mission
of the public education system is to educate students in the essential academic
knowledge and skills in order that they may be equipped for citizenship, work,
and a private life that is informed and free. The accreditation standards:
1. Provide an essential foundation of educational programs of
high quality in all schools for all students.
2. Encourage continuous appraisal and improvement improvement
and appraisal of the school program for the purpose of raising student
achievement.
3. Foster public confidence.
4. Assure recognition of Virginia's public schools by other
institutions of learning.
5. Establish a means of determining the effectiveness of
schools.
Section 22.1-253.13:3 B of the Code of Virginia requires the
Virginia Board of Education (hereinafter "board") promulgate
regulations establishing standards for accreditation.
The statutory authority for these regulations is delineated
in § 22.1-19 of the Code of Virginia, which includes the requirement that
the board shall provide for the accreditation of public elementary, middle and
secondary schools in accordance with regulations prescribed by it.
These regulations govern public schools operated by local
school boards providing instruction to students as defined in 8VAC20-131-5.
Other schools licensed under other state statutes are exempt from these
requirements.
Part III
Student Achievement
8VAC20-131-30. Student achievement expectations.
A. Each student should learn the relevant grade level/course
subject matter before promotion to the next grade. The division superintendent
shall certify to the Department of Education that the division's
promotion/retention policy does not exclude students from membership in a
grade, or participation in a course, in which SOL tests are to be administered.
Each school shall have a process, as appropriate, to identify and recommend
strategies to address the learning, behavior, communication, or development of
individual children who are having difficulty in the educational setting.
B. In kindergarten through eighth grade, where the
administration of Virginia assessment program tests are required by the Board
of Education, each student shall be expected to take the tests; students who
are accelerated shall take the tests of the grade level enrolled or the tests
for the grade level of the content received in instruction. No student shall
take more than one test in any content area in each year. Schools shall use the
Virginia assessment program test results in kindergarten through eighth grade
as part of a set of multiple criteria for determining the promotion or
retention of students. Students promoted to high school from eighth grade
should have attained basic mastery of the Standards of Learning in English,
history and social science, mathematics, and science and should be prepared for
high school work. Students shall not be required to retake the Virginia
assessment program tests unless they are retained in grade and have not
previously passed the related tests.
With such funds as may be appropriated by the General
Assembly, the Board of Education shall provide the same criteria for
eligibility for an expedited retake of any Standards of Learning test, with the
exception of the writing Standards of Learning tests, to each student
regardless of grade level or course.
C. In kindergarten through grade 12, students may participate
in a remediation recovery program as established by the board in English
(Reading) or mathematics or both.
D. The board recommends that students in kindergarten through
grade 8 not be required to attend summer school or weekend remediation classes
solely based on failing a SOL test in science or history/social science.
E. Each student in middle and secondary schools shall take
all applicable end-of-course SOL tests following course instruction. Students
who achieve a passing score on an end-of-course SOL test shall be awarded a verified
unit of credit in that course in accordance with the provisions of
8VAC20-131-110. Students may earn verified units of credit in any courses for
which end-of-course SOL tests are available. Middle and secondary schools may
consider the student's end-of-course SOL test score in determining the
student's final course grade. However, no student who has failed an
end-of-course SOL test but passed the related course shall be prevented from
taking any other course in a content area and from taking the applicable
end-of-course SOL test. The board may approve additional tests to verify
student achievement in accordance with guidelines adopted for verified units of
credit described in 8VAC20-131-110.
F. Participation in the Virginia assessment program by students
with disabilities shall be prescribed by provisions of their Individualized
Education Program (IEP) or 504 Plan. All students with disabilities shall be
assessed with appropriate accommodations and alternate assessments where
necessary.
G. All students identified as limited English proficient
(LEP) shall participate in the Virginia assessment program. A school-based
committee shall convene and make determinations regarding the participation
level of LEP students in the Virginia assessment program. In kindergarten
through eighth grade, limited English proficient students may be granted a
one-time exemption from SOL testing in the areas of writing, science, and
history and social science.
H. Students identified as foreign exchange students taking
courses for credit shall be required to take the relevant Virginia assessment
program tests. Foreign exchange students who are auditing courses and who will
not receive a standard unit of credit for such courses shall not be required to
take the Standards of Learning tests for those courses.
8VAC20-131-50. Requirements for graduation.
A. The requirements for a student to earn a diploma and
graduate from a Virginia high school shall be those in effect when that student
enters the ninth grade for the first time. Students shall be awarded a diploma
upon graduation from a Virginia high school.
The Advanced Studies Diploma shall be the recommended diploma
for students pursuing baccalaureate study. Both the Standard Diploma and the
Advanced Studies Diploma shall prepare students for postsecondary education and
the career readiness required by the Commonwealth's economy.
When students below the ninth grade successfully complete
courses offered for credit in grades 9 through 12, credit shall be counted
toward meeting the standard units required for graduation provided the courses
are equivalent in content and academic rigor as those courses offered at the
secondary level. To earn a verified unit of credit for these courses, students
must meet the requirements of 8VAC20-131-110.
The following requirements shall be the only requirements for
a diploma, unless a local school board has prescribed additional requirements
that have been approved by the Board of Education. All additional requirements
prescribed by local school boards that have been approved by the Board of
Education remain in effect until such time as the local school board submits a
request to the board to amend or discontinue them.
B. Requirements for a Standard Diploma.
1. Beginning with the ninth-grade class of 2013-2014 and
beyond, students shall earn the required standard and verified units of credit
described in subdivision 2 of this subsection.
2. Credits required for graduation with a Standard Diploma.
Discipline Area
|
Standard Units of Credit Required
|
Verified Credits Required
|
English
|
4
|
2
|
Mathematics1
|
3
|
1
|
Laboratory Science2,6
|
3
|
1
|
History and Social Sciences3,6
|
3
|
1
|
Health and Physical Education
|
2
|
|
Foreign Language, Fine Arts or
Career and Technical Education7
|
2
|
|
Economics and Personal Finance
|
1
|
|
Electives4
|
4
|
|
Student Selected Test5
|
|
1
|
Career and Technical Education
Credential8
|
|
|
Total9
|
22
|
6
|
1Courses completed
to satisfy this requirement shall include at least two different course
selections from among: Algebra I, Geometry, Algebra, Functions, and Data
Analysis, Algebra II, or other mathematics courses above the level of Algebra
II. The board shall approve courses to satisfy this requirement.
2Courses completed
to satisfy this requirement shall include course selections from at least two
different science disciplines: earth sciences, biology, chemistry, or
physics, or completion of the sequence of science courses required for the
International Baccalaureate Diploma. The board shall approve courses to
satisfy this requirement.
3Courses completed
to satisfy this requirement shall include U.S. and Virginia History, U.S. and
Virginia Government, and one course in either world history or geography or
both. The board shall approve courses to satisfy this requirement.
4Courses to
satisfy this requirement shall include at least two sequential electives as
required by the Standards of Quality.
5A student may
utilize additional tests for earning verified credit in computer science,
technology, career and technical education, economics or other areas as
prescribed by the board in 8VAC20-131-110.
6Students who
complete a career and technical education program sequence and pass an
examination or occupational competency assessment in a career and technical
education field that confers certification or an occupational competency
credential from a recognized industry, or trade or professional association,
or acquires a professional license in a career and technical education field
from the Commonwealth of Virginia may substitute the certification,
competency credential, or license for (i) the student-selected verified
credit and (ii) either a science or history and social science verified
credit when the certification, license, or credential confers more than one
verified credit. The examination or occupational competency assessment must
be approved by the Board of Education as an additional test to verify student
achievement.
7Pursuant to §
22.1-253.13:4 of the Code of Virginia, credits earned for this requirement
shall include one credit in fine or performing arts or career and technical
education.
8Students shall
earn a career and technical education credential approved by the Board of
Education that could include, but not be limited to, except when a
career and technical education credential in a particular subject area is not
readily available or appropriate or does not adequately measure student
competency, in which case the student shall receive satisfactory
competency-based instruction in the subject area to satisfy the standard
diploma requirements. The career and technical education credential, when
required, could include the successful completion of an industry
certification, a state licensure examination, a national occupational
competency assessment, or the Virginia workplace readiness assessment.
9Students shall
successfully complete one virtual course, which may be a noncredit-bearing
course or a required or elective credit-bearing course that is offered
online.
Beginning with first-time
ninth-grade students in the 2016-2017 school year, students shall be trained
in emergency first aid, cardiopulmonary resuscitation, and the use of
automated external defibrillators, including hands-on practice of the skills
necessary to perform cardiopulmonary resuscitation. Students with an
Individualized Education Program (IEP) or 504 Plan which documents that they
cannot successfully complete this training shall be granted a waiver from
this graduation requirement, as provided in 8VAC20-131-350.
|
3. The Board of Education shall establish, through guidelines,
credit accommodations to the standard and verified credit requirements for a
Standard Diploma. Such credit accommodations for students with disabilities may
include:
a. Approval of alternative courses to meet the standard credit
requirements;
b. Modifications to the requirements for local school
divisions to award locally awarded verified credits;
c. Approval of additional tests to earn a verified credit;
d. Adjusted cut scores required to earn verified credit; and
e. Allowance of work-based learning experiences.
The student's Individualized Education Program (IEP) or 504
Plan would specify any credit accommodations that would be applicable for the
student.
Students completing the requirements for the Standard Diploma
may be eligible to receive an honor deemed appropriate by the local school
board as described in subsection H of this section.
C. Requirements for an Advanced Studies Diploma.
1. Beginning with the ninth-grade class of 2013-2014 and
beyond, students shall earn the required standard and verified units of credit
described in subdivision 2 of this subsection.
2. Credits required for graduation with an Advanced Studies
Diploma.
Discipline
Area
|
Standard
Units of Credit Required
|
Verified
Credits Required
|
English
|
4
|
2
|
Mathematics1
|
4
|
2
|
Laboratory Science2
|
4
|
2
|
History and Social Sciences3
|
4
|
2
|
Foreign Language4
|
3
|
|
Health and Physical Education
|
2
|
|
Fine Arts or Career and
Technical Education
|
1
|
|
Economics and Personal Finance
|
1
|
|
Electives
|
3
|
|
Student Selected Test5
|
|
1
|
Total6
|
26
|
9
|
1Courses completed to satisfy this requirement shall
include at least three different course selections from among: Algebra I,
Geometry, Algebra II, or other mathematics courses above the level of Algebra
II. The board shall approve courses to satisfy this requirement.
2Courses completed to satisfy this requirement shall
include course selections from at least three different science disciplines
from among: earth sciences, biology, chemistry, or physics or completion of
the sequence of science courses required for the International Baccalaureate
Diploma. The board shall approve additional courses to satisfy this
requirement.
3Courses completed to satisfy this requirement shall
include U.S. and Virginia History, U.S. and Virginia Government, and two
courses in either world history or geography or both. The board shall approve
additional courses to satisfy this requirement.
4Courses completed to satisfy this requirement shall
include three years of one language or two years of two languages.
5A student may utilize additional tests for earning
verified credit in computer science, technology, career or technical
education, economics or other areas as prescribed by the board in
8VAC20-131-110.
6Students shall successfully complete one virtual course,
which may be a noncredit-bearing course, or may be a course required to earn
this diploma that is offered online.
|
Students completing the requirements for the Advanced Studies
Diploma may be eligible to receive an honor deemed appropriate by the local
school board as described in subsection H of this section.
Beginning with first-time ninth-grade students in the
2016-2017 school year, students shall be trained in emergency first aid,
cardiopulmonary resuscitation, and the use of automated external defibrillators,
including hands-on practice of the skills necessary to perform cardiopulmonary
resuscitation. Students with an Individualized Education Program (IEP) or 504
Plan which documents that they cannot successfully complete this training shall
be granted a waiver from this graduation requirement, as provided in
8VAC20-131-350.
D. In accordance with the requirements of the Standards of
Quality, students with disabilities who complete the requirements of their
Individualized Education Program (IEP) and do not meet the requirements for
other diplomas shall be awarded Special Applied Studies Diplomas.
E. In accordance with the requirements of the Standards of
Quality, students who complete prescribed programs of studies defined by the
local school board but do not qualify for a Standard Diploma, an Advanced
Studies Diploma, or a Special an Applied Studies Diploma shall be
awarded Certificates of Program Completion. The requirements for Certificates
of Program Completion are developed by local school boards in accordance with
the Standards of Quality.
F. In accordance with the provisions of the compulsory
attendance law and 8VAC20-360 8VAC20-30, Regulations Governing General
Educational Development Certificates Adult High School Programs,
students who do not qualify for diplomas may earn a high school equivalency
credential.
G. At a student's request, the local school board shall
communicate or otherwise make known to institutions of higher education,
potential employers, or other applicable third parties, in a manner that the
local school board deems appropriate, that a student has attained the state's
academic expectations by earning a Virginia diploma and that the value of such
a diploma is not affected in any way by the accreditation status of the student's
school.
H. Awards for exemplary student performance. Students who
demonstrate academic excellence and/or outstanding achievement may be eligible
for one or more of the following awards:
1. Students who complete the requirements for an Advanced Studies
Diploma with an average grade of "B" or better, and successfully
complete college-level coursework that will earn the student at least nine
transferable college credits in Advanced Placement (AP), International
Baccalaureate (IB), Cambridge, or dual enrollment courses shall receive the
Governor's Seal on the diploma.
2. Students who complete the requirements for a Standard
Diploma or an Advanced Studies Diploma with an average grade of "A"
shall receive a Board of Education Seal on the diploma.
3. The Board of Education's Career and Technical Education
Seal will be awarded to students who earn a Standard Diploma or an Advanced
Studies Diploma and complete a prescribed sequence of courses in a career and
technical education concentration or specialization that they choose and
maintain a "B" or better average in those courses; or (i) pass an
examination or an occupational competency assessment in a career and technical
education concentration or specialization that confers certification or occupational
competency credential from a recognized industry, trade or professional
association or (ii) acquire a professional license in that career and technical
education field from the Commonwealth of Virginia. The Board of Education shall
approve all professional licenses and examinations used to satisfy these
requirements.
4. The Board of Education's Seal of Advanced Mathematics and
Technology will be awarded to students who earn either a Standard Diploma or an
Advanced Studies Diploma and (i) satisfy all of the mathematics requirements
for the Advanced Studies Diploma (four units of credit including Algebra II;
two verified units of credit) with a "B" average or better; and (ii)
either (a) pass an examination in a career and technical education field that
confers certification from a recognized industry, or trade or professional
association; (b) acquire a professional license in a career and technical
education field from the Commonwealth of Virginia; or (c) pass an examination
approved by the board that confers college-level credit in a technology or
computer science area. The Board of Education shall approve all professional
licenses and examinations used to satisfy these requirements.
5. The Board of Education's Seal for Excellence in Civics
Education will be awarded to students who earn either a Standard Diploma or an
Advanced Studies Diploma and (i) complete Virginia and United States History
and Virginia and United States Government courses with a grade of "B"
or higher; (ii) have good attendance and no disciplinary infractions as
determined by local school board policies; and (iii) complete 50 hours of
voluntary participation in community service or extracurricular activities.
Activities that would satisfy the requirements of clause (iii) of this
subdivision include: (a) volunteering for a charitable or religious
organization that provides services to the poor, sick, or less fortunate; (b)
participating in Boy Scouts, Girl Scouts, or similar youth organizations; (c)
participating in JROTC; (d) participating in political campaigns or government
internships, or Boys State, Girls State, or Model General Assembly; or (e)
participating in school-sponsored extracurricular activities that have a civics
focus. Any student who enlists in the United States military prior to
graduation will be deemed to have met this community service requirement.
6. The Board of Education's Seal of Biliteracy will be
awarded to students who demonstrate proficiency in English and at least one
other language and meet additional criteria established by the board. Such seal
will be awarded to eligible students graduating from public high schools in the
Commonwealth beginning in 2016.
7. Students may receive other seals or awards for
exceptional academic, career and technical, citizenship, or other exemplary
performance in accordance with criteria defined by the local school board.
I. Students completing graduation requirements in a summer
school program shall be eligible for a diploma. The last school attended by the
student during the regular session shall award the diploma unless otherwise
agreed upon by the principals of the two schools.
J. Students who complete Advanced Placement courses,
college-level courses, or courses required for an International Baccalaureate
Diploma shall be deemed to have completed the requirements for graduation under
these standards provided they have earned the standard units of credit and
earned verified units of credit in accordance with the requirements for the
Standard Diploma and the Advanced Studies Diploma, as specified in subsections
B and C of this section.
K. Students shall be counseled annually regarding the
opportunities for using additional tests for earning verified credits as
provided in accordance with the provisions of 8VAC20-131-110, and the
consequences of failing to fulfill the obligations to complete the requirements
for verified units of credit.
8VAC20-131-60. Transfer students.
A. The provisions of this section pertain generally to
students who transfer into Virginia high schools. Students transferring in
grades K-8 from Virginia public schools or nonpublic schools accredited by one
of the approved accrediting constituent members of the Virginia Council for
Private Education shall be given recognition for all grade-level work
completed. The academic record of students transferring from all other schools
shall be evaluated to determine appropriate grade placement in accordance with
policies adopted by the local school board. The State Testing Identifier (STI)
for students who transfer into a Virginia public school from another Virginia
public school shall be retained by the receiving school.
B. For the purposes of this section, the term
"beginning" means within the first 20 hours of instruction per
course. The term "during" means after the first 20 hours of
instruction per course.
C. Standard or verified units of credit earned by a student
in a Virginia public school shall be transferable without limitation regardless
of the accreditation status of the Virginia public school in which the credits
were earned. Virginia public schools shall accept standard and verified units
of credit from other Virginia public schools, Virginia's virtual learning
program, Virtual Virginia, and state-operated programs. Standard units of
credit also shall be accepted for courses satisfactorily completed in
accredited colleges and universities when prior written approval of the
principal has been granted or the student has been given credit by the previous
school attended.
D. A secondary school shall accept credits toward graduation
received from Virginia nonpublic schools accredited by one of the approved
accrediting constituent members of the Virginia Council for Private Education
(VCPE). The Board of Education will maintain contact with the VCPE and may
periodically review its accrediting procedures and policies as part of its
policies under this section.
Nothing in these standards shall prohibit a public school
from accepting standard units of credit toward graduation awarded to students
who transfer from all other schools when the courses for which the student
receives credit generally match the description of or can be substituted for
courses for which the receiving school gives standard credit, and the school
from which the child transfers certifies that the courses for which credit is
given meet the requirements of 8VAC20-131-110 A.
Students transferring into a Virginia public school shall be
required to meet the requirements prescribed in 8VAC20-131-50 to receive a
Standard Diploma or an Advanced Studies Diploma, except as provided by
subsection G of this section. To receive a Special an Applied Studies
Diploma or Certificate of Program Completion, a student must meet the
requirements prescribed by the Standards of Quality.
E. The academic record of a student transferring from other
Virginia public schools shall be sent directly to the school receiving the
student upon request of the receiving school in accordance with the provisions
of the 8VAC20-150, Management of the Student's Scholastic Record in the Public
Schools of Virginia. The State Testing Identifier (STI) for students who
transfer into a Virginia public school from another Virginia public school
shall be retained by the receiving school.
F. The academic record of a student transferring into
Virginia public schools from other than a Virginia public school shall be
evaluated to determine the number of standard units of credit that have been
earned, including credit from schools outside the United States, and the number
of verified units of credit needed to graduate in accordance with subsection G
of this section. Standard units of credit also shall be accepted for courses
satisfactorily completed in accredited colleges and universities when the
student has been given credit by the previous school attended.
Students transferring above the tenth grade from schools or
other education programs that do not require or give credit for health and
physical education shall not be required to take these courses to meet
graduation requirements.
G. Students entering a Virginia public high school for the
first time after the tenth grade shall earn as many credits as possible toward
the graduation requirements prescribed in 8VAC20-131-50. However, schools may
substitute courses required in other states in the same content area if the
student is unable to meet the specific content requirements of 8VAC20-131-50
without taking a heavier than normal course load in any semester, by taking
summer school, or by taking courses after the time when he otherwise would have
graduated. In any event, no such student shall earn fewer than the following
number of verified units, nor shall such students be required to take SOL tests
or additional tests as defined in 8VAC20-131-110 for verified units of credit
in courses previously completed at another school or program of study, unless
necessary to meet the requirements listed in subdivisions 1 and 2 of this
subsection:
1. For a Standard Diploma:
a. Students entering a Virginia high school for the first time
during the ninth grade or at the beginning of the tenth grade shall earn credit
as prescribed in 8VAC20-131-50;
b. Students entering a Virginia high school for the first time
during the tenth grade or at the beginning of the eleventh grade shall earn a
minimum of four verified units of credit: one each in English, mathematics,
history, and science. Students who complete a career and technical education
program sequence may substitute a certificate, occupational competency
credential or license for either a science or history and social science
verified credit pursuant to 8VAC20-131-50; and
c. Students entering a Virginia high school for the first time
during the eleventh grade or at the beginning of the twelfth grade shall earn a
minimum of two verified units of credit: one in English and one of the
student's own choosing.
2. For an Advanced Studies Diploma:
a. Students entering a Virginia high school for the first time
during the ninth grade or at the beginning of the tenth grade shall earn credit
as prescribed in 8VAC20-131-50;
b. Students entering a Virginia high school for the first time
during the tenth grade or at the beginning of the eleventh grade shall earn a
minimum of six verified units of credit: two in English and one each in
mathematics, history, and science and one of the student's own choosing; and
c. Students entering a Virginia high school for the first time
during the eleventh grade or at the beginning of the twelfth grade shall earn a
minimum of four verified units of credit: one in English and three of the
student's own choosing.
H. Students entering a Virginia high school for the first
time after the first semester of their eleventh grade year must meet the
requirements of subdivision G 1 c or G 2 c of this section. Students
transferring after 20 instructional hours per course of their senior or twelfth
grade year shall be given every opportunity to earn a Standard Diploma or an
Advanced Studies Diploma. If it is not possible for the student to meet the
requirements for a diploma, arrangements should be made for the student's
previous school to award the diploma. If these arrangements cannot be made, a
waiver of the verified unit of credit requirements may be available to the
student. The Department of Education may grant such waivers upon request by the
local school board in accordance with guidelines prescribed by the Board of
Education.
I. Any local school division receiving approval to increase
its course credit requirements for a diploma may not deny either the Standard
Diploma or the Advanced Studies Diploma to any transfer student who has
otherwise met the requirements contained in these standards if the transfer
student can only meet the division's additional requirements by taking a
heavier than normal course load in any semester, by taking summer school, or by
taking courses after the time when he otherwise would have graduated.
J. The transcript of a student who graduates or transfers
from a Virginia secondary school shall conform to the requirements of
8VAC20-160, Regulations Governing Secondary School Transcripts.
K. The accreditation status of a high school shall not be
included on the student transcript provided to colleges, universities, or
employers. The board expressly states that any student who has met the
graduation requirements established in 8VAC20-131-50 and has received a
Virginia diploma holds a diploma that should be recognized as equal to any
other Virginia diploma of the same type, regardless of the accreditation status
of the student's high school. It is the express policy of the board that no
student shall be affected by the accreditation status of the student's school.
The board shall take appropriate action, from time to time, to ensure that no
student is affected by the accreditation status of the student's school.
8VAC20-131-110. Standard and verified units of credit.
A. The standard unit of credit for graduation shall be based
on a minimum of 140 clock hours of instruction and successful completion of the
requirements of the course. When credit is awarded in less than whole units,
the increment awarded must be no greater than the fractional part of the 140
hours of instruction provided. If a school division elects to award credit on a
basis other than the 140 clock hours of instruction required for a standard
unit of credit defined in this subsection, the local school division shall provide
the Board of Education with satisfactory proof, based on board guidelines, that
the students for whom the 140-clock-hour requirement is waived have learned the
content and skills included in the relevant Standards of Learning. In addition,
the local school division shall develop a written policy approved by the
superintendent and school board that ensures:
1. That the content of the course for which credit is awarded
is comparable to 140 clock hours of instruction; and
2. That upon completion, the student will have met the aims
and objectives of the course.
B. A verified unit of credit for graduation shall be based on
a minimum of 140 clock hours of instruction, successful completion of the
requirements of the course, and the achievement by the student of a passing
score on the end-of-course SOL test for that course or additional tests as
described in this subsection. A student may also earn a verified unit of credit
by the following methods:
1. In accordance with the provisions of the Standards of
Quality, students may earn a standard and verified unit of credit for any
elective course in which the core academic SOL course content has been
integrated and the student passes the related end-of-course SOL test. Such course
and test combinations must be approved by the Board of Education.
2. Upon the recommendation of the division superintendent
and demonstration of mastery of course content and objectives Upon
waiver of the 140-clock-hour requirement according to Board of Education
guidelines, qualified students may receive who have received
a standard unit of credit and will be permitted to sit for the
relevant SOL test to earn a verified credit without having to meet the
140-clock-hour requirement.
3. Students who do not pass Standards of Learning tests in
science or history and social science may receive locally awarded verified
credits from the local school board in accordance with criteria established in
guidelines adopted by the Board of Education.
C. The Board of Education may from time to time approve
additional tests for the purpose of awarding verified credit. Such additional
tests, which enable students to earn verified units of credit, must, at a
minimum, meet the following criteria:
1. The test must be standardized and graded independently of
the school or school division in which the test is given;
2. The test must be knowledge based;
3. The test must be administered on a multistate or
international basis, or administered as part of another state's accountability
assessment program; and
4. To be counted in a specific academic area, the test must
measure content that incorporates or exceeds the SOL content in the course for
which verified credit is given.
The Board of Education will set the score that must be
achieved to earn a verified unit of credit on the additional test options.
D. With such funds as are appropriated by the General
Assembly, the Board of Education will provide opportunities for students who
meet criteria adopted by the board to have an expedited retake of a SOL test to
earn verified credit.
Part VI
School Facilities and Safety
8VAC20-131-260. School facilities and safety.
A. Each school shall be maintained in a manner ensuring
compliance with the Virginia Statewide Building Code (13VAC5-63). In addition,
the school administration shall:
1. Maintain a physical plant that is accessible, barrier free,
safe, and clean;
2. Provide for the proper outdoor display of flags of the
United States and of the Commonwealth of Virginia;
3. Provide suitable space for classrooms, administrative
staff, pupil personnel services, library and media services, and for the needs
and safety of physical education;
4. Provide adequate, safe, and properly-equipped laboratories
to meet the needs of instruction in the sciences, technology, fine arts, and
career and technical programs; and
5. Provide facilities for the adequate and safe administration
and storage of student medications; and
6. Carry out the duties of the threat assessment team
established by the division superintendent and implement policies established
by the local school board related to threat assessment, pursuant to § 22.1-79.4
of the Code of Virginia.
B. Each school shall maintain records of regular safety,
health, and fire inspections that have been conducted and certified by local
health and fire departments. The frequency of such inspections shall be
determined by the local school board in consultation with the local health and
fire departments. In addition, the school administration shall:
1. Equip all exit doors with panic hardware as required by the
Virginia Statewide Building Code (13VAC5-63); and
2. Conduct fire drills at least once a week during the first
month of school and at least once each month for the remainder of the school term.
Evacuation routes for students shall be posted in each room.; and
Additionally, 3. Conduct at least one two
simulated lock-down drills and crisis emergency evacuation activity
should be conducted early in the activities each school year, one
in September and one in January.
C. Each school shall have contingency plans for emergencies
that include staff certified in cardiopulmonary resuscitation (CPR), the
Heimlich maneuver, and emergency first aid.
Each school building with instructional or administrative
staff of 10 or more shall have at least three employees with current
certification or training in emergency first aid, cardiopulmonary
resuscitation, and the use of an automated external defibrillator. If one or
more students diagnosed as having diabetes attend such school, at least two
employees shall have been trained in the administration of insulin and
glucagon.
Each school building with instructional or administrative
staff fewer than 10 shall have at least two employees with current certification
or training in emergency first aid, cardiopulmonary resuscitation, and the use
of an automated external defibrillator. If one or more students diagnosed as
having diabetes attend such school, at least one employee shall have been
trained in the administration of insulin and glucagon.
D. In addition, the school administration shall ensure
that the school has:
1. Written procedures to follow in emergencies such as fire,
injury, illness, allergic reactions, and violent or threatening behavior. This
shall include school board policies for the possession and administration of
epinephrine in every school, to be administered by any school nurse, employee
of the school board, employee of a local governing body, or employee of a local
health department who is authorized by a prescriber and trained in the
administration of epinephrine to any student believed to be having an
anaphylactic reaction. The plan shall be outlined in the student handbook
and discussed with staff and students during the first week of each school
year;
2. Space for the proper care of students who become ill;
3. A written procedure, in accordance with guidelines
established by the local school board, for responding to violent, disruptive or
illegal activities by students on school property or during a school sponsored
activity; and
4. Written procedures to follow for the safe evacuation of
persons with special physical, medical, or language needs who may need
assistance to exit a facility.
Part VII
School and Community Communications
8VAC20-131-270. School and community communications.
A. Each school shall promote communication and foster mutual
understanding with parents and the community. Each school shall:
1. Involve parents, citizens, community agencies, and
representatives from business and industry in developing, disseminating, and
explaining the biennial school plan; on advisory committees; in curriculum
studies; and in evaluating the educational program.
2. Provide annually to the parents and the community the
School Performance Report Card in a manner prescribed by the board. The
information contained therein will be for the most recent three-year period.
Such information shall include but not be limited to:
a. Virginia assessment program results by percentage of participation
and proficiency and disaggregated by student subgroups.
b. The accreditation rating earned by the school.
c. Attendance rates for students.
d. Information related to school safety to include, but not
limited to, incidents of crime and violence.
e. Information related to qualifications and educational
attainment of the teaching staff.
f. In addition, secondary schools' School Performance Report
Cards shall include the following:
(1) Advanced Placement (AP) information to include percentage
of students who take AP courses and percentage of students who take AP tests;
(2) International Baccalaureate (IB) and Cambridge course
information to include percentage of students who are enrolled in IB or
Cambridge programs and percentage of students who receive IB or Cambridge
Diplomas;
(3) College-level course information to include percentage of
students who take college-level courses including dual enrollment courses;
(4) Number and percentage of (i) graduates by diploma type as
prescribed by the Board of Education, (ii) certificates awarded to the senior
class including GED credentials high school equivalency preparation
program credentials approved by the board, and (iii) students who do not
complete high school;
(5) As a separate category on the school report card, the
number of students obtaining board-approved industry certifications, and
passing state licensure examinations, national occupational competency
assessments and Virginia workplace readiness skills assessments while still in
high school and the number of career and technical education completers who
graduated; and
(6) Number and percentage of drop-outs.
3. Cooperate with business and industry in formulating career
and technical educational programs and conducting joint enterprises involving
personnel, facilities, training programs, and other resources.
4. Encourage and support the establishment and/or continuation
of a parent-teacher association or other organization and work cooperatively
with it.
B. At the beginning of each school year, each school shall
provide to its students' parents or guardians information on the availability
of and source for receiving:
1. The learning objectives developed in accordance with the
provisions of 8VAC20-131-70 to be achieved at their child's grade level or, in
high school, a copy of the syllabus for each of their child's courses, and a
copy of the school division promotion, retention, and remediation policies;
2. The Standards of Learning applicable to the child's grade
or course requirements and the approximate date and potential impact of the
child's next SOL testing; and
3. An annual notice to students in all grade levels of all
requirements for Standard Diploma and Advanced Studies Diploma, and the board's
policies on promotion and retention as outlined in 8VAC20-131-30.
The division superintendent shall report to the department
compliance with this subsection through the preaccreditation eligibility
procedures in 8VAC20-131-290.
Part VIII
School Accreditation
8VAC20-131-280. Expectations for school accountability.
A. Schools will be accredited annually based on compliance
with preaccreditation eligibility requirements and achievement of the school
accountability requirements of 8VAC20-131-300 C.
B. Each school shall be accredited based, primarily, on
achievement of the criteria established in 8VAC20-131-30 and in 8VAC20-131-50
as specified below:
1. The percentage of students passing the Virginia assessment
program tests in the four core academic areas administered in the school with
the accreditation rating calculated on a trailing three-year average that
includes the current year scores and the scores from the two most recent years
in each applicable academic area, or on the current year's scores, whichever is
higher.
2. The percentage of students graduating from or completing
high school based on a graduation and completion index prescribed by the Board
of Education. The accreditation rating of any school with a twelfth grade shall
be determined based on achievement of required SOL pass rates and percentage
points on the board's graduation and completion index. School accreditation
shall be determined by the school's current year index points or a trailing
three-year average of index points that includes the current year and the two
most recent years, whichever is higher. The Board of Education's graduation and
completion index shall include weighted points for diploma graduates (100
points), GED recipients of high school equivalency credentials
approved by the board (75 points), students not graduating but still in
school (70 points), and students earning certificates of program completion (25
points).
The graduation and completion index calculation for a
school shall be increased by three points for each student who obtains both a
diploma and an industry certification, industry pathway certification, a state
licensure, or an occupational competency credential in a career and technical
education program, when such certification, licensure, or credential is
approved by the Board of Education as student-selected verified credit;
however, the additional three points shall not be used to obtain a higher
accreditation rating.
The Board of Education's graduation and completion index shall
account for all students in the graduating class's ninth-grade cohort, plus
students transferring in, minus students transferring out and,
deceased students, and students who fail to graduate because they are in the
custody of the Department of Corrections, the Department of Juvenile Justice,
or local law enforcement. Those students who are not included in one of the
preceding categories will also be included in the index.
For the purposes of the Standards of Accreditation, the
Board of Education shall use a graduation rate formula that excludes any
student who fails to graduate because such student is in the custody of the
Department of Corrections, the Department of Juvenile Justice, or local law
enforcement.
3. The number of students who successfully complete a
remediation recovery program.
4. Schools, with grade configurations that do not house a
grade or offer courses for which SOL tests or additional tests approved by the
Board of Education as outlined in 8VAC20-131-110 are administered, will be
paired with another school in the division housing one or more of the grades in
which SOL tests are administered. The pairing of such schools will be made upon
the recommendation of the local superintendent. The schools should have a
"feeder" relationship and the grades should be contiguous.
C. Subject to the provisions of 8VAC20-131-350, the governing
school board of special purpose schools such as those provided for in § 22.1-26
of the Code of Virginia, Governor's schools, special education schools,
alternative schools, or career and technical schools that serve as the
student's school of principal enrollment may seek approval of an alternative
accreditation plan from the Board of Education. Schools offering alternative
education programs and schools with a graduation cohort of 50 or fewer students
as defined by the graduation rate formula adopted by the board may request that
the board approve an alternative accreditation plan to meet the graduation and
completion index benchmark. Special purpose schools with alternative
accreditation plans shall be evaluated on standards appropriate to the programs
offered in the school and approved by the board prior to August 1 of the school
year for which approval is requested. Any student graduating from a special
purpose school with a Standard Diploma or an Advanced Studies Diploma must meet
the requirements prescribed in 8VAC20-131-50.
In addition, pursuant to § 22.1-253.13:3 of the Code of
Virginia, any school board, on behalf of one or more of its schools, may
request the Board of Education for approval of an Individual School
Accreditation Plan for the evaluation of the performance of one or more of its
schools as authorized for special purpose schools.
D. When calculating the passing rates on Virginia assessment
program tests for the purpose of school accreditation, the following tolerances
for limited English proficient (LEP) and transfer students will apply:
1. The scores of LEP students enrolled in Virginia public
schools fewer than 11 semesters may be removed from the calculation used for
the purpose of school accreditation required by 8VAC20-131-280 B and
8VAC20-131-300 C. Completion of a semester shall be based on school membership
days. Membership days are defined as the days the student is officially
enrolled in a Virginia public school, regardless of days absent or present. For
a semester to count as a completed semester, a student must have been in
membership for a majority of the membership days of the semester. These
semesters need not be consecutive.
2. In accordance with the provisions of 8VAC20-131-30, all
students who transfer into Virginia public schools are expected to take and
pass all applicable SOL tests in the content areas in which they receive
instruction.
3. All students who transfer within a school division shall
have their scores counted in the calculation of the school's accreditation
rating. Students who transfer into a Virginia school from home instruction, or
from another Virginia school division, another state, or another country, in
grades kindergarten through 8 shall be expected to take all applicable SOL
tests or additional tests approved by the board as outlined in 8VAC20-131-110.
If the transfer takes place after the 20th instructional day following the
opening of school, the scores on these tests may be used in calculating school
accreditation ratings.
4. Students who transfer into a Virginia middle or high school
from home instruction, or from another state or country, and enroll in a course
for which there is an end-of-course SOL test, shall be expected to take the
test or additional tests for that course approved by the board as outlined in
8VAC20-131-110. If the transfer takes place after 20 instructional hours per course
have elapsed following the opening of school or beginning of the semester, if
applicable, the scores on those tests may be used in calculating school
accreditation ratings in the year the transfer occurs.
5. Students who enroll on the first day of school and
subsequently transfer to a school outside of the division for a total amount of
instructional time equal to or exceeding 50% of a current school year or
semester, whether the transfer was a singular or multiple occurrence, and
return during the same school year shall be expected to take any applicable SOL
test. The scores of those tests may be used in calculating the school
accreditation rating in the year in which the transfers occur.
E. The Board of Education may adopt special provisions related
to the administration and use of any Virginia assessment program test in a
content area. The Board of Education may adopt special provisions related to
the administration and use of the graduation and completion index, as
prescribed by the board. The Board of Education may also alter the inclusions
and exclusions from the accreditation calculations by providing adequate notice
to local school boards. The board may add new tests or discontinue the use of
existing tests in the Virginia Assessment Program by providing adequate notice
to local school boards.
F. As a prerequisite to the awarding of an accreditation
rating as defined in 8VAC20-131-300, each new or existing school shall
document, in a manner prescribed by the board, the following: (i) the division's
promotion/retention policies developed in accordance with the requirements of
8VAC20-131-30, (ii) compliance with the requirements to offer courses that will
allow students to complete the graduation requirements in 8VAC20-131-50, (iii)
the ability to offer the instructional program prescribed in 8VAC20-131-70
through 8VAC20-131-100, (iv) the leadership and staffing requirements of
8VAC20-131-210 through 8VAC20-131-240, and (v) the facilities and safety
provisions of 8VAC20-131-260. The division superintendent shall report to the
department compliance with this subsection through the preaccreditation
eligibility procedures in 8VAC20-131-290.
8VAC20-131-300. Application of the standards.
A. Schools Effective no later than the academic
year 2016-2017, schools that meet the preaccreditation eligibility
requirements prescribed in 8VAC20-131-280 F shall be assigned one of the
following ratings as described in this section:
1. Fully Accredited;
2. Accredited with Warning in (specified academic area or
areas and/or in achievement of the minimum threshold for the graduation and
completion index);
2. Conditionally Accredited: New School
3. Partially Accredited according to criteria in one or
more of the following categories:
a. Approaching Benchmark-within specified margins
(1) Graduation and Completion Index
(2) Pass Rate
b. Improving School-meets criteria for improvement over
previous year or for student growth
(1) Graduation and Completion Index
(2) Pass Rate
c. Warned School
(1) Graduation and Completion Index
(2) Pass Rate
d. Reconstituted School
3. 4. Accreditation Denied;
4. Conditionally Accredited;
5. Provisionally Accredited-Graduation Rate.
B. Compliance with the student academic achievement
expectations shall be documented to the board directly through the reporting of
the results of student performance on SOL tests and other alternative means of
assessing student academic achievement as outlined in 8VAC20-131-110. To
facilitate accurate reporting of the graduation and completion index, the State
Testing Identifier (STI) for students who transfer into a Virginia public
school from another Virginia public school shall be retained by the receiving
school. Compliance with other provisions of these regulations will be
documented in accordance with procedures prescribed by the Board of Education.
C. Accreditation ratings defined. Accreditation ratings
awarded in an academic year are based upon Virginia assessment program scores
from the academic year immediately prior to the year to which the accreditation
rating applies and on graduation and completion indexes (for schools with
twelfth grade) established for the current year. Accreditation Effective
no later than the academic year 2016-2017, accreditation ratings are
defined as follows:
1. Fully accredited Accredited.
a. With tests administered in the academic years 2010-2011
and 2011-2012 for the accreditation ratings awarded for academic years
2011-2012 and 2012-2013 respectively, a school will be rated Fully Accredited
when its eligible students meet the pass rate of 70% in each of the four core
academic areas except, the pass rates required shall be 75% in third-grade
through fifth-grade English and 50% in third-grade science and history/social
science.
b. For schools housing grade configurations where multiple
pass rates apply, the results of the tests may be combined in each of the four
core academic areas for the purpose of calculating the school's accreditation
rating provided the school chooses to meet the higher pass rate.
c. With tests administered beginning in the academic year
2012-2013 for the accreditation ratings awarded for school year 2013-2014 and
beyond, a a. A school will be rated Fully Accredited when its eligible
students meet the pass rate of 75% in English and the pass rate of 70% in
mathematics, science, and history and social science. Additionally, each school
with a graduating class shall achieve a minimum of 85 percentage points on the
Board of Education's graduation and completion index, as described in
8VAC20-131-280 B 2, to be rated Fully Accredited.
d. b. For accreditation purposes, the pass rate
will be calculated as single rates for each of the four core academic areas by
combining all scores of all tests administered in each subject area.
2. Accredited with Warning (in specific academic areas
and/or in achievement of the minimum threshold for the graduation and
completion index). A school will be Accredited with Warning (in specific
academic areas and/or in achievement of the minimum threshold for the
graduation and completion index) if it has failed to achieve Fully Accredited
status. Such a school may remain in the Accredited with Warning status for no
more than three consecutive years.
2. Conditionally Accredited: New School. New schools that
are comprised of students from one or more existing schools in the division
will be awarded a Conditionally Accredited: New School status for one year
pending an evaluation of the school's eligible students' performance on SOL
tests or additional tests approved by the Board of Education to be rated Fully
Accredited.
3. Partially Accredited. A school which meets criteria as
prescribed by the Board of Education will be designated as Partially Accredited
according to the specific categories shown below.
a. Approaching Benchmark (within specified margins):
(1) Graduation and Completion Index. Based on components of
the graduation and completion index as described in 8VAC20-131-280 B 2, a
school will be rated as Partially Accredited: Approaching Benchmark-Graduation
and Completion Index when its eligible students meet pass rates required for
full accreditation and its graduation and completion index is within a narrow
margin of the minimum threshold as prescribed by the board. A school may remain
in the Partially Accredited: Approaching Benchmark-Graduation and Completion
Index status for no more than three consecutive years, unless an extension is
granted based on criteria established by the board.
(2) Pass Rate. Based on tests administered in the previous
academic year, a school will be rated as Partially Accredited: Approaching
Benchmark-Pass Rate if the school does not meet the requirements for full
accreditation in all of the four core academic subject areas but the pass rate
in each subject area either (i) meets the pass rate required for full accreditation
or (ii) is within a narrow margin of the pass rate required for full
accreditation, as defined by the board. A school may remain in the Partially
Accredited: Approaching Benchmark-Pass Rate status for no more than three
consecutive years, unless an extension is granted based on criteria established
by the board.
b. Improving School (meets criteria for improvement or
student growth, or both, over previous year):
(1) Graduation and Completion Index. Based on components of
the graduation and completion index as described in 8VAC20-131-280 B 2, a
school will be rated as Partially Accredited: Improving School-Graduation and
Completion Index when its eligible students meet pass rates required for full
accreditation, but its graduation and completion index is not within the
established narrow margin of the minimum threshold prescribed by the board;
however it has achieved sufficient improvement in its graduation and completion
index from the previous year, as prescribed by the board. A school may remain
in the Partially Accredited: Improving School-Graduation and Completion Index
status for no more than three consecutive years, unless an extension is granted
based on criteria established by the board.
(2) Pass Rate. Based on tests administered in the previous
academic year, a school will be rated as Partially Accredited: Improving
School-Pass Rate if the school does not meet the requirements for full
accreditation or for Partially Accredited: Approaching Benchmark-Pass Rate, but
in each of the four core academic subject areas, one of the following criteria
is met: (i) the pass rate meets the benchmark required for full accreditation;
(ii) the pass rate is within a narrow margin of the benchmark required for full
accreditation, as defined by the board; (iii) the school has demonstrated
sufficient improvement in its pass rate from the previous year as defined by
the board; or (iv) the school has demonstrated sufficient student growth, as
defined by the board. A school may remain in the Partially Accredited: Improving
School-Pass Rate status for no more than three consecutive years, unless an
extension is granted based on criteria established by the board.
c. Warned School:
(1) Graduation and Completion Index. A school will be
designated as Partially Accredited: Warned School-Graduation and Completion
Index if it has failed to achieve Fully Accredited, Partially Accredited:
Approaching Benchmark-Graduation and Completion Index, or Partially Accredited:
Improving School-Graduation and Completion Index status. Such a school may
remain in the Partially Accredited: Warned School-Graduation and Completion
Index status for no more than three consecutive years.
(2) Pass Rate. A school will be designated as Partially
Accredited: Warned School-Pass Rate if it has failed to achieve Fully
Accredited, Partially Accredited: Approaching Benchmark-Pass Rate, or Partially
Accredited: Improving School-Pass Rate status. Such a school may remain in the
Partially Accredited: Warned School-Pass Rate status for no more than three
consecutive years.
d. Reconstituted School. A Partially Accredited:
Reconstituted School rating may be awarded to a school that is being
reconstituted in accordance with the provisions of 8VAC20-131-340 upon approval
by the Board of Education. A school awarded this rating under those
circumstances will revert to a status of Accreditation Denied if it fails to
meet the requirements to be rated Fully Accredited by the end of the agreed
upon term or if it fails to have its annual application for such rating
renewed.
3. 4. Accreditation Denied. Based on a school's
academic performance and/or achievement of the minimum threshold or
performance for the graduation and completion index, or both, a
school shall be rated Accreditation Denied if it fails to meet the requirements
to be rated Fully Accredited or Provisionally Accredited-Graduation Rate,
Partially Accredited for the preceding three consecutive years or for
three consecutive years anytime thereafter.
In any school division in which one-third or more of the
schools have been rated Accreditation Denied, the superintendent shall be
evaluated by the local school board with a copy of such evaluation submitted to
the Board of Education no later than December 1 of each year in which such
condition exists. In addition, the Board of Education may take action against
the local school board as permitted by the Standards of Quality due to the
failure of the local board to maintain accredited schools.
4. Conditionally Accredited.
New schools that are comprised of students from one or more existing schools in
the division will be awarded a Conditionally Accredited-New status for one year
pending an evaluation of the school's eligible students' performance on SOL
tests or additional tests approved by the Board of Education to be rated Fully
Accredited. A Conditionally Accredited-Reconstituted rating may be awarded to a
school that is being reconstituted in accordance with the provisions of
8VAC20-131-340 upon approval by the Board of Education. A school awarded this
rating under those circumstances will revert to a status of Accreditation
Denied if it fails to meet the requirements to be rated Fully Accredited by the
end of the agreed upon term or if it fails to have its annual application for
such rating renewed.
5. Provisionally Accredited-Graduation
Rate. With tests administered in the academic years 2010-2011, 2011-2012,
2012-2013, 2013-2014, 2014-2015 for the accreditation ratings awarded for
academic years 2011-2012, 2012-2013, 2013-2014, 2014-2015, and 2015-2016
respectively, a school will be rated Provisionally Accredited -Graduation Rate
when its eligible students meet SOL pass rates to be rated Fully Accredited but
fails to achieve a minimum of 85 percentage index points on the Board of
Education's graduation and completion index, but achieve the following minimum
benchmarks for each year:
Graduation and Completion Index Benchmarks for
Provisionally Accredited Ratings
|
Academic Year
|
Accreditation Year
|
Index Percentage Points
|
2010-2011
|
2011-2012
|
80
|
2011-2012
|
2012-2013
|
81
|
2012-2013
|
2013-2014
|
82
|
2013-2014
|
2014-2015
|
83
|
2014-2015
|
2015-2016
|
84
|
The last year in which this rating shall be awarded is the
2015-2016 accreditation year, based on tests administered in the 2014-2015
academic year.
8VAC20-131-310. Action requirements for schools that are Accredited
with Warning or Provisionally Accredited-Graduation Rate designated
Partially Accredited in the following categories: (i) Improving School-Pass
Rate; (ii) Improving School-Graduation and Completion Index; and (iii) Warned
School.
A. With such funds as are appropriated by the General
Assembly, the Department of Education shall develop a school academic review
process and monitoring plan designed to assist schools rated as Accredited
with Warning Partially Accredited in the following categories: (i)
Improving School-Pass Rate; (ii) Improving School-Graduation and Completion
Index; and (iii) Warned School. All procedures and operations for the
academic review process shall be approved and adopted by the board.
Schools rated Accredited with Warning or Provisionally
Accredited-Graduation Rate Partially Accredited in the following
categories: (i) Improving School-Pass Rate; (ii) Improving School-Graduation
and Completion Index; and (iii) Warned School must undergo an academic
review in accordance with guidelines adopted by the board and prepare a school
improvement plan as required by subsection F of this section.
B. Any school that is rated Accredited with Warning Partially
Accredited: Warned School-Pass Rate because of pass rates in English or
mathematics shall adopt a research-based instructional intervention that has a
proven track record of success at raising student achievement in those areas as
appropriate.
C. The superintendent and principal shall certify in writing
to the Board of Education that such an intervention has been adopted and
implemented.
D. The board shall publish a list of recommended
instructional interventions, which may be amended from time to time.
E. Adoption of instructional interventions referenced in
subsections B and D of this section shall be funded by eligible local, state,
and federal funds.
F. A three-year School Improvement Plan must be developed and
implemented, based on the results of an academic review of each school that is
rated Accredited with Warning or Provisionally Accredited-Graduation Rate
Partially Accredited in the following categories: (i) Improving School-Pass
Rate; (ii) Improving School-Graduation and Completion Index; and (iii) Warned
School, upon receipt of notification of the awarding of this rating and
receipt of the results of the academic review. The plan:
1. Shall be developed with the assistance of parents and
teachers and made available to the public;
2. Must include the components outlined in subsection G of
this section; and
3. Must be approved by the division superintendent and the
local school board and be designed to assist the school in meeting the student
achievement standard to be Fully Accredited as outlined in 8VAC20-131-300.
G. The improvement plan shall include the following:
1. A description of how the school will meet the requirements
to be Fully Accredited, for each of the years covered by the plan;
2. Specific measures for achieving and documenting student
academic improvement;
3. A description of the amount of time in the school day
devoted to instruction in the core academic areas;
4. Instructional practices designed to remediate students who
have not been successful on SOL tests;
5. Intervention strategies designed to prevent further
declines in student performance and graduation rates;
6. Staff development needed;
7. Strategies to involve and assist parents in raising their
child's academic performance;
8. The need for flexibility or waivers to state or local
regulations to meet the objectives of the plan; and
9. A description of the manner in which local, state, and
federal funds are used to support the implementation of the components of this
plan.
As part of its approval of the school improvement plan, the
board may grant a local school board a waiver from the requirements of any
regulations promulgated by the board when such a waiver is available.
H. The school improvement plan and related annual reports
submitted to the board shall provide documentation of the continuous efforts of
the school to achieve the requirements to become rated Fully Accredited. The
board shall adopt and approve all policies and formats for the submission of
annual reports under this section. The reports shall be due no later than
October 1 of the school year.
8VAC20-131-315. Action requirements for schools that are denied
accreditation.
A. Any school rated Accreditation Denied in accordance with
8VAC20-131-300 shall be subject to actions prescribed by the Board of Education
and shall provide parents of enrolled students and other interested parties
with the following:
1. Written notice of the school's accreditation rating within
30 calendar days of the notification of the rating from the Department of
Education;
2. A copy of the school division's proposed corrective action
plan, including a timeline for implementation, to improve the school's
accreditation rating; and
3. An opportunity to comment on the division's proposed
corrective action plan. Such public comment shall be received and considered by
the school division prior to finalizing the school's corrective action plan and
a Board of Education memorandum of understanding with the local school board.
B. Any school rated Accreditation Denied in accordance with
8VAC20-131-300 shall be subject to actions prescribed by the Board of Education
and affirmed through a memorandum of understanding between the Board of
Education and the local school board. The local school board shall submit a
corrective action plan to the Board of Education for its consideration in
prescribing actions in the memorandum of understanding within 45 days of the
notification of the rating. The memorandum of understanding shall be entered
into no later than November 1 of the academic year in which the rating is
awarded.
The local board shall submit status reports detailing
implementation of actions prescribed by the memorandum of understanding to the
Board of Education. The status reports shall be signed by the school principal,
division superintendent, and the chair of the local school board. The school
principal, division superintendent, and the chair of the local school board may
be required to appear before the Board of Education to present status reports.
The memorandum of understanding may also include but not be
limited to:
1. Undergoing an educational service delivery and management
review. The Board of Education shall prescribe the content of such review and
approve the reviewing authority retained by the school division.
2. Employing a turnaround specialist credentialed by the state
to address those conditions at the school that may impede educational progress
and effectiveness and academic success.
C. As an alternative to the memorandum of understanding
outlined in subsection B of this section, a local school board may choose to
reconstitute a school rated Accreditation Denied and apply to the Board of
Education for a rating of Conditionally Accredited Partially
Accredited: Reconstituted School. The application shall outline specific
responses that address all areas of deficiency that resulted in the
Accreditation Denied rating and may include any of the provisions of subsection
B of this section.
If a local school board chooses to reconstitute a school, it
may annually apply for an accreditation rating of Conditionally Accredited
Partially Accredited: Reconstituted School as provided for in
8VAC20-131-300 C 5 3 d. The Conditionally Accredited Partially
Accredited: Reconstituted School rating may be granted for a period not to
exceed three years if the school is making progress toward a rating of Fully
Accredited in accordance with the terms of the Board of Education's approval of
the reconstitution application. The school will revert to a status of
Accreditation Denied if it fails to meet the requirements to be rated Fully
Accredited by the end of the three-year term or if it fails to have its annual
application for such rating renewed.
D. The local school board may choose to close a school rated
Accreditation Denied or to combine such school with a higher performing school
in the division.
E. A local school board that has any school with the status
of Accreditation Denied shall annually report each school's progress toward
meeting the requirements to be rated Fully Accredited to the Board of
Education. The local board shall submit such report in a manner prescribed by
the Board of Education no later than October 1 of each year. Such reports on
each school's progress shall be included in the Board of Education's annual
report on the condition and needs of public education to the Governor and the
General Assembly submitted on November 15 of each year.
8VAC20-131-360. Effective date.
A. The provisions in 8VAC20-131-30 B relating to double testing
and the provisions in 8VAC20-131-60 C relating to Virtual Virginia shall become
effective July 31, 2009.
B. Graduation requirements prescribed in 8VAC20-131-50 B and
C for the Standard Diploma and the Advanced Studies Diploma shall become
effective with the ninth-grade class of 2013-2014.
C. Schools with a graduating class shall meet prescribed
thresholds on a graduation and completion rate index as prescribed in
8VAC20-131-280 and 8VAC20-131-300 for accreditation ratings earned in 2010-2011
and awarded in 2011-2012.
D. Accreditation ratings prescribed in 8VAC20-131-300 C 1 a
shall become effective with tests administered in 2010-2011 and 2011-2012 for
ratings awarded in 2011-2012 and 2012-2013.
E. Accreditation ratings prescribed in 8VAC20-121-300 C 1 c
shall become effective with tests administered in 2012-2013 for ratings awarded
in 2013-2014 and beyond.
F. The Academic and Career Plan prescribed in 8VAC20-131-140
shall become effective in 2013-2014.
G. Unless otherwise specified, the remainder of these
regulations shall be effective beginning with the 2011-2012 academic year.
H. The revision of the graduation rate formula, for
purposes of the Standards of Accreditation, as described in 8VAC20-131-280 is
effective as of July 1, 2016.
VA.R. Doc. No. R15-4464; Filed August 3, 2015, 12:10 p.m.
TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Proposed Regulation
Titles of Regulations: 8VAC20-542. Regulations
Governing the Review and Approval of Education Programs in Virginia (repealing 8VAC20-542-10 through
8VAC20-542-600).
8VAC20-543. Regulations Governing the Review and Approval of
Education Programs in Virginia (adding 8VAC20-543-10 through 8VAC20-543-640).
Statutory Authority: §§ 22.1-16 and 22.1-298.2 of
the Code of Virginia.
Public Hearing Information:
October 22, 2015 - 11 a.m. - James Monroe Building, 101
North 14th Street, 22nd Floor, Conference Room, Richmond, VA 23219. The public
hearing will begin immediately following adjournment of the Board of Education
business meeting.
Public Comment Deadline: October 31, 2015.
Agency Contact: Patty S. Pitts, Assistant Superintendent
for Teacher Education and Licensure, Department of Education, P.O. Box 2120,
Richmond, VA 23218, telephone (804) 371-2522, or email
patty.pitts@doe.virginia.gov.
Basis: The bases for the regulation are the following:
Section 4 of Article VIII of the Constitution of Virginia,
which provides that the general supervision of the public school system shall
be vested in a Board of Education.
Section 22.1-16 of the Code of Virginia, which authorizes the
board to promulgate such regulations as may be necessary to carry out its
powers and duties.
Section 22.1-298.2 of the Code of Virginia, which states that
education preparation programs shall meet the requirements for accreditation
and program approval as prescribed by the Board of Education in its
regulations.
Section 22.1-305.2 of the Code of Virginia regarding the
Advisory Board on Teacher Education and Licensure.
Purpose: The proposed regulatory action is essential to
protect the health, safety, or welfare of citizens as the regulations set forth
the requirements for college and university programs that prepare instructional
personnel to be accredited and approved. The completion of an approved program
prepares an individual to be licensed by the Virginia Board of Education.
Section 22.1-298.2 of the Code of Virginia, states, in part,
the following: "Education preparation programs shall meet the requirements
for accreditation and program approval as prescribed by the Board of Education
in its regulations."
On September 21, 2007, Regulations Governing the Review and
Approval of Education Programs in Virginia, promulgated by the Board of
Education, became effective. One additional amendment became effective on
January 19, 2011, in response to a requirement of the 2010 Virginia General
Assembly to include local government and civics instruction specific to
Virginia in certain preparation programs.
A comprehensive review of the Regulations Governing the Review
and Approval of Education Programs in Virginia was conducted, and the regulations
in their entirety were examined. The proposed action is to repeal the existing
chapter and promulgate a new chapter.
Substance: The proposed new regulations are outlined in
detail under the Detail of Changes section in the Proposed Regulation Agency
Background Document on the Virginia Regulatory Town Hall. Substantive elements
of the proposed new regulations focus on revision of selected definitions to
conform with changes in the proposed new regulations; modifications in
administration of the proposed new regulations, including national
accreditation for all approved Virginia professional education programs and
increased rigor in biennial measures of accountability; addition of new
education program endorsement areas in mathematics, engineering, and special
education and increased rigor in professional studies requirements for selected
education program endorsement areas.
Issues: The primary advantage to the public and the
Commonwealth is to ensure that programs preparing instructional personnel are
reviewed according to Board of Education standards. Institutions of higher
education are accountable to meet statutory and regulatory requirements to
continue to offer approved preparation programs. In addition, an amendment will
require all professional education programs in Virginia to be accredited by the
Council for the Accreditation of Educator Preparation (CAEP), thereby,
requiring national accreditation and Board of Education approval. An issue for
institutions of higher education is the cost associated with obtaining and
maintaining national accreditation.
Department of Planning and Budget's Econonic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. The Board of
Education (Board) proposes to repeal the current regulation (8VAC20-542) and
replace it with a new regulation (8VAC20-543). In doing so, the Board proposes
numerous amendments to the rules including:
• Revising definitions for accredited program, biennial
accountability measures, biennial report, field experiences, professional
education program, and regional accrediting agency.
• Adding definitions for Annual Report Card, education
endorsement program, program completers, and program non-completers.
• Eliminating definitions for candidates completing a program,
candidates exiting a program, distance learning, education program,
exceptionalities, full-time faculty, general education, governance, part-time
faculty, pedagogical studies, professional education faculty, scholarly
activities, and school faculty.1
• Removing the professional studies coursework cap.
• Allowing professional studies coursework and methodology to
include field experiences to be designated for completion within a
baccalaureate degree program.2
• Requiring education programs to ensure that candidates complete
training or certification in emergency first aid, cardiopulmonary
resuscitation, and the use of automated external defibrillators.3
• Eliminating the option for the Board to approve the
professional education process and require all professional education programs
to be accredited by a national organization.4
• Revising the biennial standards for candidate progress and
performance on Board licensure assessments.
• Modifying the student teaching requirements to stipulate
continuous, systematic supervised clinical experiences comprised of early field
experiences with a minimum of ten weeks of full-time student teaching under the
supervision of a cooperating teacher with demonstrated effectiveness in the
classroom, as indicated by a proficient or exemplary evaluation rating.
•·Expanding indicators for evidence of employer job
satisfaction with candidates completing the program to require documentation to
address teacher performance, including student academic progress.
• Mandating that ratings for education endorsement programs
include national accreditation of professional education programs as a
prerequisite to education endorsement program approval and a description of
education endorsement program candidates biennial passing rates, reported by
percentages.
• Expanding the approved with stipulations rating to more
clearly define consequences for education endorsement programs that fall below
the 80 percent biennial passing rate for program completers and non-completers.
• Amending the approval denied rating to more clearly define
how this standard is applied.
• Requiring accredited professional education programs to
submit a new Annual Report Card that includes yearly data on the preparation of
professional school personnel.
• Amending the competencies language for all educational
endorsement programs to include general and specific competencies and
requirements for education endorsement programs.
• Deleting language describing education program endorsements
in career and technical education-industrial cooperative training (ICT) and
special education-speech-language disorders preK-12.5
• Adding education program endorsements in engineering; special
education-general curriculum K-6, middle grades 6-8, and secondary education
grades 6-12; and mathematics specialist for middle education.
Result of Analysis. The benefits likely exceed the costs for
some changes. For other amendments, whether the benefits exceed the costs
depend on the policy views of the observer.
Estimated Economic Impact.
1. First Aid, CPR, and AED Training: The legislatively mandated
proposal to specify that education programs ensure that candidates complete
training or certification in emergency first aid, cardiopulmonary
resuscitation, and the use of automated external defibrillators will introduce
significant benefits and costs. Having all (or nearly all) teachers educated in
the Commonwealth trained in emergency first aid, cardiopulmonary resuscitation,
and the use of automated external defibrillators will increase the likelihood
that someone with potentially lifesaving skills will be on hand during medical
emergencies in the classroom. To the extent that the future teachers absorb and
retain the knowledge they gain in this training, the long-run benefits may be
quite significant.
For onsite training in emergency first aid, cardiopulmonary
resuscitation, and the use of automated external defibrillators, the American
Red Cross charges $250 plus $72 per student if there are at least 20 students.
So for example, an education program with 50 students the fees would total
$3,850.6 If done all in person, the Red Cross
training would take 5.5 hours. Alternatively, the students could do 2 hours of
online training ahead of time. In that case the in-person training would last
1.5 hours. The fees would be the same in either case, but the amount of time
that potentially could have been used for other subjects differs.
2. Education Program Accreditation: Under the current
regulations, Professional education programs in Virginia shall obtain and
maintain national accreditation from the National Council for the Accreditation
of Teacher Education (NCATE) and the Teacher Education Accreditation Council
(TEAC), or a process approved by the Board of Education. Of the 37 Virginia
colleges with professional education programs, 28 have national accreditation
and 9 have accreditation via the Board-approved process. The proposal to
eliminate the option for the Board to approve the professional education
process and require all professional education programs to be accredited by a
national organization will increase costs for the 9 colleges whose professional
education programs are not yet nationally accredited.
On July 1, 2013, the NCATE and TEAC merged, creating the
Council for the Accreditation of Educator Preparation (CAEP), the new sole
national accreditor for educator preparation.7
The CAEP accreditation visit fee ranges from $5,250 to $14,000, depending on
the size of the required visit team. The annual CAEP fee is based upon the
number of program completers in the professional education program. The
following table displays the CAEP annual fee range:
2014-2015 CAEP EPP Fees
(July 1, 2014 - June 30, 2015)
|
Completers
|
Annual Fees
|
1 - 50
|
$2,320
|
51 - 150
|
$2,575
|
151 - 300
|
$2,935
|
301 - 500
|
$3,400
|
501 - 1000
|
$4,480
|
1000+
|
$5,200
|
Since 28 out of the 37 Virginia colleges with professional
education programs have already opted to have national accreditation, it
appears that there is significant benefit associated with having national
accreditation. Thus taking into account this benefit, the net cost to the 9
colleges whose professional education programs are not yet nationally
accredited will likely be significantly less than just considering their
additional financial cost. The proposal to eliminate the option for the Board
to approve the professional education process and require all professional
education programs to be accredited by a national organization also enables the
Virginia Department of Education to reallocate staff resources to be used in
other productive ways. This produces an additional benefit.
Businesses and Entities Affected. The proposed amendments
affect the 37 colleges and universities in Virginia that have education
programs, the 132 public school divisions in the Commonwealth, current and future
teachers, and businesses or organizations that provide training in emergency
first aid, cardiopulmonary resuscitation, and the use of automated external
defibrillators.
Localities Particularly Affected. The proposed amendments do
not disproportionately affect particular localities.
Projected Impact on Employment. The requirement that education
programs ensure that candidates complete training or certification in emergency
first aid, cardiopulmonary resuscitation, and the use of automated external
defibrillators will increase demand for these services from businesses and
organizations that provide such training. The increase in demand may be enough
to create additional jobs.
Effects on the Use and Value of Private Property. The
requirement that education programs ensure that candidates complete training or
certification in emergency first aid, cardiopulmonary resuscitation, and the
use of automated external defibrillators will likely increase business for
firms that provide such training.
Small Businesses: Costs and Other Effects. The proposed
amendments are unlikely to significantly affect costs for small businesses. The
requirement that education programs ensure that candidates complete training or
certification in emergency first aid, cardiopulmonary resuscitation, and the
use of automated external defibrillators will increase demand for small firms
that provide such training.
Small Businesses: Alternative Method that Minimizes Adverse
Impact. The proposed amendments will not adversely affect small businesses.
Real Estate Development Costs. The proposed amendments are
unlikely to significantly affect real estate development costs.
Legal Mandate. General: The Department of Planning and Budget
(DPB) has analyzed the economic impact of this proposed regulation in
accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order
Number 14 (2010). Section 2.2-4007.04 requires that such economic impact
analyses determine the public benefits and costs of the proposed amendments.
Further the report should include but not be limited to:
• the projected number of businesses or other entities to whom
the proposed regulatory action would apply,
• the identity of any localities and types of businesses or
other entities particularly affected,
• the projected number of persons and employment positions to
be affected,
• the projected costs to affected businesses or entities to
implement or comply with the regulation, and
• the impact on the use and value of private property.
Small Businesses: If the proposed regulatory action will have
an adverse effect on small businesses, § 2.2-4007.04 requires that such
economic impact analyses include:
• an identification and estimate of the number of small
businesses subject to the proposed regulation,
• the projected reporting, recordkeeping, and other
administrative costs required for small businesses to comply with the proposed
regulation, including the type of professional skills necessary for preparing
required reports and other documents,
• a statement of the probable effect of the proposed regulation
on affected small businesses, and
• a description of any less intrusive or less costly
alternative methods of achieving the purpose of the proposed regulation.
Additionally, pursuant to § 2.2-4007.1, if there is a finding
that a proposed regulation may have an adverse impact on small business, the
Joint Commission on Administrative Rules is notified at the time the proposed
regulation is submitted to the Virginia Register of Regulations for
publication. This analysis shall represent DPB's best estimate for the purposes
of public review and comment on the proposed regulation.
________________________________________________
1DOE indicated that presently, these definitions
primarily refer to terms used in the Board-approved accreditation process.
Since that option for accreditation is being eliminated, these terms would
become obsolete and are therefore being repealed.
2Field experiences are currently excluded.
3This change was mandated by Chapter 498 of the 2013
Acts of Assembly.
4According to DOE, this change is expected to affect
nine institutions of higher education.
5According to DOE, the ICT program was never used so it
was eliminated from the regulatory text. The change to the special education
program resulted from a joint effort with the Department of Health Professions
(DHP) to eliminate confusion as to whether these individuals should be licensed
by DHP or DOE. Chapter 781 of the 2014 Acts of Assembly clarified that DHP
would issue the licenses; therefore DOE is eliminating references to the
program from its regulations.
6$250 + (50 x $72) = $3,850
7Source: Council for the Accreditation of Educator
Preparation website (http://caepnet.org/about/history/)
Agency Response to Economic Impact Analysis: The agency
concurs with the economic impact analysis completed by the Department of
Planning and Budget. The agency will continue to examine the economic and
administrative impact of the regulations as they progress through the
regulatory process.
Summary:
The proposed action repeals existing regulations
(8VAC20-542) and adopts new regulations (8VAC20-543) regarding educational
programs that prepare instructional personnel to be accredited and approved for
licensure by the Board of Education. Substantive elements of the proposed new
regulations focus on (i) revision of selected definitions to conform with
changes in the proposed new regulations; (ii) modifications in administration
of the proposed new regulations, including national accreditation for all approved
Virginia professional education programs and increased rigor in biennial
measures of accountability; (iii) addition of new educational program
endorsement areas in mathematics, engineering, and special education; and (iv)
increased rigor in professional studies requirements for selected education
program endorsement areas.
CHAPTER 543
REGULATIONS GOVERNING THE REVIEW AND APPROVAL OF EDUCATION PROGRAMS IN
VIRGINIA
Part I
Definitions
8VAC20-543-10. Definitions.
The following words and terms when used in this chapter
shall have the meanings indicated unless the context implies otherwise:
"Accreditation" means a process for assessing
and improving academic and educational quality through voluntary peer review.
This process informs the public that an institution has a professional
education program that has met national standards of educational quality.
"Accredited institution" means an institution of
higher education accredited by a regional accrediting agency recognized by the
United States Department of Education.
"Accredited program" means a Virginia
professional education program accredited by the Council for the Accreditation
of Educator Preparation (CAEP), including CAEP/National Council for the
Accreditation of Teacher Education (NCATE) and CAEP/Teacher Education
Accreditation Council (TEAC).
"Annual report card" means the Virginia
Department of Education yearly data report card required of all professional
education programs in Virginia that offer approved programs for the preparation
of school personnel.
"Biennial accountability measures" means those
specific benchmarks set forth in 8VAC20-543-40 to meet the standards required
to obtain or maintain education endorsement program approval status.
"Biennial accountability measurement report"
means the compliance report submitted to the Virginia Department of Education
every two years by an accredited professional education program.
"Candidates" means individuals enrolled in
education programs.
"Department" means the Virginia Department of
Education.
"Diversity" means the wide range of differences
among groups of people and individuals based on ethnicity, race, socioeconomic
status, gender, exceptionalities, language, religion, and geographical area.
"Education endorsement program" means a
state-approved course of study, the completion of which signifies that an
enrollee has met all the state's educational and training requirements for
initial licensure in a specified endorsement area.
"Field experiences" means program components
that are (i) conducted in off-campus settings or on-campus settings dedicated
to the instruction of children who would or could otherwise be served by school
divisions in Virginia or accredited nonpublic schools and (ii) accredited for
this purpose by external entities such as regional accrediting agencies. Field
experiences include classroom observations, tutoring, assisting teachers and
school administrators, and supervised clinical experiences (i.e., practica,
student teaching, and internships).
"Indicators" means operational definitions that
suggest the kinds of evidence that professional education programs shall
provide to demonstrate that a standard is met.
"Instructional technology" means the theory and
practice of design, development, utilization, management, and evaluation of
processes and resources for learning and the use of computers and other
technologies.
"Licensing" means the official recognition by a
state governmental agency that an individual has met state requirements and is,
therefore, approved to practice as a licensed professional.
"Professional education program" means the
Virginia institution, college, school, department or other administrative body
within a Virginia institution of higher education, or another Virginia entity,
for a defined education program that is primarily responsible for the preparation
of teachers and other professional school personnel.
"Professional studies" means courses and other
learning experiences designed to prepare candidates to demonstrate competence
in the areas of human development and learning, curriculum and instruction,
assessment of and for learning, classroom and behavior management, the teaching
profession, reading, and supervised clinical experiences.
"Program approval" means the process by which a
state governmental agency reviews an education program to determine if it meets
the state's standards for the preparation of school personnel.
"Program completers" means individuals who have
successfully completed all coursework, required licensure assessments,
including those prescribed by the Board of Education, and supervised student
teaching or required internship.
"Program noncompleters" means individuals who
have been officially admitted into an education program and who have taken,
regardless of whether the individuals passed or failed, required licensure
assessments and who exit the program prior to completion. Program noncompleters
shall have been officially released in writing from an education endorsement
program by an authorized administrator of the program. Program noncompleters
who did not take required assessments are not included in biennial reporting
pass rates.
"Regional accrediting agency" means one of the
six accrediting associations recognized by the United States Department of
Education as follows: New England Association of Schools and Colleges, Middle States
Association of Colleges and Schools, North Central Association of Colleges and
Schools, Northwest Commission on Colleges and Universities, Southern
Association of Colleges and Schools, and Western Association of Schools and
Colleges.
"Standards of Learning for Virginia public
schools" means the Commonwealth's expectations for student learning and
achievement in grades K-12 in English, mathematics, science, history/social
science, technology, fine arts, foreign language, health and physical education,
and driver education.
Part II
Accreditation and Administering this Chapter
8VAC20-543-20. Accreditation and administering this chapter.
A. Institutions of higher education seeking approval of an
education endorsement program shall be accredited by a regional accrediting
agency.
B. Professional education programs in Virginia shall
obtain and maintain national accreditation from the Council for the
Accreditation of Educator Preparation (CAEP), including CAEP/National Council
for the Accreditation of Teacher Education (NCATE) and CAEP/Teacher Education
Accreditation Council (TEAC). Professional education programs in Virginia
seeking accreditation through CAEP shall adhere to procedures and timelines
established by CAEP and the CAEP/Virginia Partnership Agreement. Professional
education programs shall ensure and document that programs are aligned with
standards set forth in 8VAC20-543-40 through 8VAC20-543-50 and meet
competencies outlined in 8VAC20-543-60 through 8VAC20-543-640.
C. If a professional education program fails to maintain
accreditation, enrolled candidates shall be permitted to complete their
programs of study. Professional education programs that fail to maintain
accreditation shall not admit new candidates. Candidates shall be notified of
the education endorsement program's approval status.
D. Teacher candidates shall complete academic degrees in
the arts and sciences, or equivalent, except in health, physical, and career
and technical education. Candidates in early/primary education preK-3, elementary
education (preK-6), middle education (6-8), and special education programs may
complete a major in interdisciplinary studies or its equivalent. Candidates
seeking a secondary endorsement area must have earned a major, or the
equivalent, in the area sought.
E. Professional studies coursework and methodology,
including field experiences, required in this chapter shall be designed for
completion within a baccalaureate degree program.
F. Professional education programs shall ensure that
candidates demonstrate proficiency in the use of educational technology for
instruction; complete study in child abuse recognition and intervention; and
complete training or certification in emergency first aid, cardiopulmonary
resuscitation, and the use of automated external defibrillators.
G. Standards and procedures for the review and approval of
each education endorsement program shall adhere to procedures for administering
the chapter as defined in this section and in 8VAC20-543-40, 8VAC20-543-50, and
8VAC20-543-60. These procedures shall result in biennial recommendations to the
Board of Education for one of the following three ratings:
"approved," "approved with stipulations," or "approval
denied."
H. Education endorsement programs shall be approved under
this chapter biennially based on compliance with the criteria described in
8VAC20-543-40, 8VAC20-543-50, and 8VAC20-543-60.
I. The Department of Education will determine the timeline
and procedures for applying for education endorsement program approval.
J. Education endorsement programs in Virginia shall
address the competencies set forth in this chapter, and the curriculum for each
program must be documented and submitted to the Department of Education for
approval.
K. Professional education programs shall submit to the
Department of Education on behalf of each education endorsement program under
consideration a biennial accountability measurement report and an annual report
card to include data prescribed by the Board of Education on education
endorsement programs in accordance with department procedures and timelines.
L. The professional education program authorized
administrator shall maintain copies of approved education endorsement programs
and required reports.
M. The Department of Education may conduct onsite visits
to review education endorsement programs and verify data.
N. The Advisory Board on Teacher Education and Licensure
(ABTEL) is authorized to review and make recommendations to the Board of
Education on approval of Virginia education endorsement programs for school
personnel. The Board of Education has final authority on education endorsement
program approval.
O. Modifications may be made by the Superintendent of
Public Instruction in the administration of this chapter. Proposed
modifications shall be made in writing to the Superintendent of Public
Instruction, Commonwealth of Virginia.
Part III
Application for New Education Endorsement Programs
8VAC20-543-30. Application for new education endorsement programs.
A. Requests for new education endorsement programs shall
be approved by the Virginia Board of Education.
B. The professional education program shall submit a
request for the new program in a format provided by the Department of Education
that shall address the following requirements:
1. Rationale for the new education endorsement program, to
include local division or service area demand data and statements of support
from the institution's dean, provost, president, or designee and Virginia
school divisions. A summary of the stakeholders' involvement in the development
of the education endorsement program must be included.
2. Capacity of the institution to offer the education
endorsement program.
3. List of the requirements for the education endorsement
program, to include the degree, major, and the curriculum.
4. Matrices demonstrating that the competencies set forth
in this chapter have been incorporated in the education endorsement program.
5. Description of structured and integrated field experiences
to include early clinical experiences and a summative supervised student
teaching experience.
6. Description of the partnerships and collaborations based
on preK-12 school needs.
Part IV
Standards for Biennial Approval of Education Endorsement Programs
8VAC20-543-40. Standards for biennial approval of education
endorsement programs.
Education endorsement programs in Virginia shall be
approved by the Board of Education and demonstrate achievement biennially of
the accountability measures in this section. The institution of higher
education must report evidence of the standards for Board of Education review
biennially.
1. Candidate progress and performance on prescribed Board
of Education licensure assessments. Candidate passing rates, reported by percentages,
shall not fall below 80% biennially for program completers and program
noncompleters. Program completers are individuals who have successfully
completed all coursework, required licensure assessments, and supervised
student teaching or required internship. Program noncompleters are those
individuals who have been officially admitted into the education program and
who have taken, regardless of whether the individual passed or failed, required
licensure assessments, and who exit the program prior to completion. Program
noncompleters shall have been officially released (in writing) from an
education endorsement program by an authorized administrator of the program.
2. Candidate progress and performance on an assessment of
basic skills as prescribed by the Board of Education for individuals seeking
entry into an approved education endorsement program.
Indicators of the achievement of this standard shall
include the following:
a. Results on Board of Education prescribed entry-level
assessments;
b. Documentation that candidates enrolled in the program
who fail to achieve a minimum score established by the Board of Education have
the opportunity to address deficiencies; and
c. Documentation of the number of candidates admitted into
the program who did not meet the prescribed admission assessment and the
opportunities provided to the candidates to address deficiencies.
3. Structured and integrated field experiences to include
early clinical experiences and a summative supervised student teaching
experience.
Indicators of the achievement of this standard shall
include the following:
a. Evidence that candidates receive quality
clinically-based structured and integrated field experiences that prepare them
to work in diverse educational environments; and
b. Evidence that supervised clinical experiences are
continuous and systematic and comprised of early field experiences with a
minimum of 10 weeks of full-time student teaching under the supervision of a
cooperating teacher with demonstrated effectiveness in the classroom, as
indicated by a proficient or exemplary evaluation rating. The supervised
student teaching experience shall include at least 150 clock hours spent in
direct teaching at the level of endorsement.
4. Evidence of opportunities for candidates to participate
in diverse school settings that provide experiences with populations that
include racial, economic, linguistic, and ethnic diversity throughout the
program experiences.
The indicator of the achievement of this standard shall
include evidence that the professional education program provides opportunities
for candidates to have program experiences in diverse school settings that
provide experiences with populations that include racial, economic, linguistic,
and ethnic diversity within each biennial period.
5. Evidence of contributions to preK-12 student achievement
by candidates completing the program.
Indicators of the achievement of this standard shall
include the following:
a. Evidence to show that candidates know about, create, and
use appropriate and effective data-driven assessments in teaching that shall
provide dependable information about student achievement;
b. Evidence to document that faculty have made provisions
for evaluating the effects that candidates have on preK-12 student learning in
the context of teaching as they design unit assessment systems and assessments
for each program; and
c. Evidence that the education program assesses candidates'
mastery of exit criteria and performance proficiencies, including the ability
to affect student learning, through the use of multiple sources of data such as
a culminating experience, portfolios, interviews, videotaped and observed
performance in schools, standardized tests, and course grades.
6. Evidence of employer job satisfaction with candidates
completing the program.
Indicators of the achievement of this standard shall
include:
a. Documentation that the professional education program
has two years of evidence regarding candidate performance based on employer
surveys.
b. Documented evidence of teacher effectiveness, including
student academic progress.
7. Partnerships and collaborations based on preK-12 school
needs.
Indicators of the achievement of this standard shall
include the following:
a. Documented evidence that the education endorsement
program has established partnerships reflecting collaboratively designed
program descriptions based on identified needs of the preK-12 community.
b. Documented evidence that the administration and
supervision program collaborates with partnering schools to identify and select
candidates for school leadership programs who meet local needs, demonstrate
both potential for and interest in school leadership, and meet the
qualifications for admission to advanced programs.
Part V
Application of Standards for Biennial Approval of Education Endorsement
Programs
8VAC20-543-50. Application of the standards.
A. As a prerequisite to education endorsement program
approval, professional education programs in Virginia shall have national
accreditation. Failure to do so will result in the education endorsement
program being designated as "approval denied."
B. The education endorsement program's candidate passing
rates, reported by percentages, shall not fall below 80% biennially for program
completers and program noncompleters. Program completers are individuals who
have successfully completed all coursework, required licensure assessments, and
supervised student teaching or required internship. Program noncompleters are
those individuals who have been officially admitted into the education program
and who have taken, regardless of whether the individual passed or failed,
required licensure assessments, and who exit the program prior to completion.
Program noncompleters shall have been officially released (in writing) from an
education endorsement program by an authorized administrator of the program.
C. The professional education program's authorized
administrator is responsible to certify documented evidence that the following
standards as set forth in 8VAC20-543-40 have been met by the education
endorsement program:
1. The professional education program shall demonstrate
candidate progress and performance on an assessment of basic skills as
prescribed by the Board of Education for individuals seeking entry into an
approved education endorsement program.
2. The professional education program shall provide
structured and integrated field experiences.
3. The professional education program shall provide
evidence of opportunities for candidates to participate in diverse school
settings that provide experiences with populations that include racial,
economic, linguistic, and ethnic diversity throughout the program experiences.
4. The professional education program shall provide
evidence of contributions to preK-12 student achievement by candidates
completing the program.
5. The professional education program shall provide
evidence of employer job satisfaction with candidates completing the program.
6. The professional education program shall develop and
provide evidence of biennial accountability measures for partnerships and
collaborations based on preK-12 school needs.
D. After submitting to the Department of Education the
information contained in 8VAC20-543-40, education endorsement programs in
Virginia shall receive one of the following three ratings:
1. Approved. The education endorsement program has met all
standards set forth in 8VAC20-543-40.
2. Approved with stipulations. The education endorsement
program has met standards in subsections A and B of this section and is making
documented progress toward meeting standards in subsection C of this section.
Biennial passing rates that fall below the 80% requirement for program
completers and noncompleters shall result in the education endorsement program
receiving a rating of "approved with stipulations." The passing rate
for program completers and noncompleters must meet the 80% passing rate
requirement by the end of the next biennial period for the program to be
approved; if the 80% pass rate is not achieved, the program will be denied.
3. Approval denied. Approval may be denied if:
a. The education endorsement program has not met standards
in subsection A of this section;
b. The education endorsement program has met standards in
subsection A of this section but has not met requirements in subsection B of
this section for two consecutive biennial reporting periods. The program shall
be denied and the public notified. The program may resubmit a request for
approval at the end of the next biennial period.
Part VI
Professional Education Program Accountability
8VAC20-543-60. Biennial accountability measurement report.
The accredited professional education program shall
report, every two years, in accordance with Virginia Department of Education
procedures, those specific criteria set forth in 8VAC20-543-40 to meet the
standards required to obtain or maintain education endorsement program approval
status.
8VAC20-543-70. Annual report card.
The accredited professional education program shall submit
to the Virginia Department of Education a yearly data report card on the preparation
of professional school personnel. The report card shall be published on the
department's website. The information required on the report card shall be
approved by the Board of Education and will include the following:
1. Institution's accreditation status;
2. Education endorsement program status;
3. Number of candidates admitted in education endorsement
programs;
4. Number of candidates admitted in education endorsement
programs who are in the top quartile of the college or university population.
5. Number of program completers, including number of
program completers in critical shortage teaching areas;
6. Number of program noncompleters;
7. Biennial accountability data results;
8. Number of candidates admitted into the program for the
reporting year who did not meet the prescribed admission assessment
requirement;
9. Number of program completers for the reporting year who
were admitted without meeting the prescribed admission assessment requirement;
10. Number of program noncompleters for the reporting year
who were admitted to the program without meeting the prescribed admission
assessment requirement;
11. Satisfaction ratings by school administrators and
clinical experience supervisors on student teachers;
12. Satisfaction ratings by employers of program
completers;
13. Satisfaction ratings of program completers within two
years of employment; and
14. Other data as required by the Board of Education.
Part VII
Competencies for Endorsement Areas
Article 1
General Competencies
8VAC20-543-80. Competencies and requirements for endorsement
areas.
A. The professional education program develops, maintains,
and continuously evaluates high quality education endorsement programs that are
collaboratively designed and based on identified needs of the preK-12
community. Candidates in education endorsement programs shall demonstrate
competence in the areas in which they plan to practice and complete
professional studies requirements and applicable assessments, in addition to
meeting requirements for specific licenses, pursuant to the Licensure
Regulations for School Personnel (8VAC20-22). The Licensure Regulations for
School Personnel set forth the required degrees from regionally accredited
colleges or universities for licenses, endorsements, and prerequisite licenses
or endorsements for add-on endorsements.
B. All education endorsement programs in early/primary
education 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.
C. Candidates in education endorsement programs
demonstrate an understanding of competencies, including the core concepts and
facts of the disciplines and the Virginia Standards of Learning, for the
content areas in which they plan to teach where required.
D. Candidates in early/primary education preK-3,
elementary education preK-6, and special education complete a minimum of six
semester hours of reading coursework as outlined in the reading competencies.
E. Candidates seeking an early/primary education preK-3 or
an elementary education preK-6 endorsement must complete 12-15 semester hours
each in English, history and social sciences, mathematics, and science
addressing competencies set forth in this chapter or complete the following:
1. English: complete six semester hours in English and pass
a rigorous assessment in elementary English prescribed by the Board of
Education.
2. History and social sciences: complete six semester hours
in history and social sciences and pass a rigorous assessment in elementary
history and social sciences prescribed by the Board of Education.
3. Mathematics: complete six semester hours in mathematics,
complete a methods of teaching elementary mathematics course, and pass a
rigorous assessment in elementary mathematics prescribed by the Board of
Education.
4. Science: complete six semester hours in laboratory
sciences in two science disciplines, complete a methods of teaching elementary
science course, and pass a rigorous assessment in elementary science prescribed
by the Board of Education.
F. Candidates seeking an endorsement in special
education-general curriculum K-12 must have one area of specialization in
English, history and social sciences, mathematics, or science with 12-15
semester hours in the specialization area.
G. Candidates seeking a middle education endorsement must
have an area of concentration in English, history and social sciences,
mathematics, or science with 21-24 semester hours in the concentration area.
Article 2
Early/Primary Education, Elementary Education, and Middle Education
Endorsements
8VAC20-543-90. Professional studies requirements for
early/primary education, elementary education, and middle education.
Professional studies requirements for early/primary
education, elementary education, and middle education:
1. Human development and learning (birth through
adolescence).
a. Skills in this area shall contribute to an understanding
of the physical, social, emotional, speech and language, and intellectual
development of children and the ability to use this understanding in guiding
learning experiences and relating meaningfully to students.
b. The interaction of children with individual differences
- economic, social, racial, ethnic, religious, physical, and mental - should be
incorporated to include skills contributing to an understanding of
developmental disabilities and developmental issues related but not limited to
low socioeconomic status, attention deficit disorders, developmental disorders,
gifted education, including the use of multiple criteria to identify gifted
students, substance abuse, child abuse, and family disruptions.
2. Curriculum and instruction.
a. Early/primary education preK-3 or elementary education
preK-6 curriculum and instruction.
(1) Skills in this area shall contribute to an
understanding of the principles of learning; the application of skills in
discipline-specific methodology; effective communication with and among
students; selection and use of materials, including media and contemporary
technologies; selection, development, and use of appropriate curricula,
methodologies, and materials that support and enhance student learning and
reflect the research on unique, age-appropriate, and culturally relevant curriculum
and pedagogy.
(2) Understanding of the principles of online learning and
online instructional strategies and the application of skills to deliver online
instruction must be included.
(3) Instructional practices that are sensitive to
culturally and linguistically diverse learners, including limited English
proficient students, gifted and talented students, and students with
disabilities, and appropriate for the level of endorsement (preK-3 or preK-6)
sought shall be included.
(4) Teaching methods shall be tailored to promote student
engagement and student academic progress and effective preparation for the
Standards of Learning assessments.
(5) Study in (i) methods of improving communication between
schools and families, (ii) communicating with families regarding social and
instructional needs of children, (iii) ways of increasing family involvement in
student learning at home and in school, (iv) the Virginia Standards of
Learning, and (v) Virginia Foundation Blocks for Early Learning: Comprehensive
Standards for Four-Year-Olds prepared by the department's Office of Humanities
and Early Childhood shall be included.
(6) Early childhood educators must understand the role of
families in child development and in relation to teaching educational skills.
(7) Early childhood educators must understand the role of
the informal and play-mediated settings for promoting students' skills and
development and must demonstrate knowledge and skill in interacting in such
situations to promote specific learning outcomes as reflected in Virginia's
Foundation Blocks for Early Learning.
(8) Demonstrated proficiency in the use of educational
technology for instruction shall be included. Persons seeking initial licensure
as teachers and persons seeking licensure renewal as teachers for the first
time shall complete study in child abuse recognition and intervention in
accordance with curriculum guidelines developed by the Virginia Board of
Education in consultation with the Virginia Department of Social Services that
are relevant to the specific teacher licensure routes. Pre-student teaching
experiences (field experiences) should be evident within these skills.
b. Middle education 6-8 curriculum and instruction.
(1) Skills in this area shall contribute to an
understanding of the principles of learning; the application of skills in
discipline-specific methodology; effective communication with and among
students, selection and use of materials, including media and contemporary
technologies; evaluation of pupil performance; and the relationships among
assessment, instruction, and monitoring student progress to include student
performance measures in grading practices, the ability to construct and
interpret valid assessments using a variety of formats in order to measure
student attainment of essential skills in a standards-based environment, and
the ability to analyze assessment data to make decisions about how to improve
instruction and student performance.
(2) Understanding of the principles of online learning and
online instructional strategies and the application of skills to deliver online
instruction must be included.
(3) Instructional practices that are sensitive to
culturally and linguistically diverse learners including limited English
proficient students, gifted and talented students, and students with
disabilities, and must be appropriate for the middle education endorsement
shall be included.
(4) Teaching methods shall be tailored to promote student
engagement and student academic progress and effective preparation for the
Standards of Learning assessments.
(5) Study in methods of improving communication between
schools and families, ways of increasing family involvement in student learning
at home and in school, and the Standards of Learning shall be included.
(6) Demonstrated proficiency in the use of educational
technology for instruction shall be included.
(7) Persons seeking initial licensure as teachers and
persons seeking licensure renewal as teachers for the first time shall complete
study in child abuse recognition and intervention in accordance with curriculum
guidelines developed by the Virginia Board of Education in consultation with
the Virginia Department of Social Services that are relevant to the specific
teacher licensure routes. Pre-student teaching experiences (field experiences)
should be evident within these skills.
3. Classroom and behavior management. Skills in this area
shall contribute to an understanding and application of research-based
classroom and behavior management techniques, classroom community building,
positive behavior supports, and individual interventions, including techniques
that promote emotional well-being and teach and maintain behavioral conduct and
skills consistent with norms, standards, and rules of the educational
environment. This area shall address diverse approaches based upon behavioral,
cognitive, affective, social, and ecological theory and practice. Approaches
should support professionally appropriate practices that promote positive
redirection of behavior, development of social skills, and self discipline.
Knowledge and an understanding of various school crisis management and safety
plans and the demonstrated ability to create a safe, orderly classroom environment
must be included. The link between classroom management and students' ages must
be understood and demonstrated in techniques used in the classroom.
4. Assessment of and for learning.
a. Skills in this area shall be designed to develop an
understanding and application of creating, selecting, and implementing valid
and reliable classroom-based assessments of student learning, including
formative and summative assessments. Assessments designed and adapted to meet
the needs of diverse learners must be addressed.
b. Analytical skills necessary to inform ongoing planning
and instruction, as well as to understand, and help students understand their
own progress and growth must be included.
c. Skills also include the ability to understand the
relationships among assessment, instruction, and monitoring student progress to
include student performance measures in grading practices; the ability to
interpret valid assessments using a variety of formats in order to measure
student attainment of essential skills in a standards-based environment; and
the ability to analyze assessment data to make decisions about how to improve
instruction and student performance.
d. Understanding of state assessment programs and
accountability systems, including assessments used for student achievement goal
setting as related to teacher evaluation and determining student academic
progress, including knowledge of legal and ethical aspects of assessment.
e. Skills include developing familiarity with assessments
used in preK-12 education (e.g., diagnostic, college admission exams, industry
certifications, placement assessments).
5. The teaching profession.
a. Skills in this area shall be designed to develop an
understanding of the historical, philosophical, and sociological foundations
underlying the role, development, and organization of public education in the
United States.
b. Attention must be given to the legal status of teachers
and students, including federal and state laws and regulations; school as an
organization and culture; and contemporary issues and current trends in
education, including the impact of technology on education. Local, state, and
federal governance of schools, including the roles of teachers and schools in
communities, must be included.
c. Professionalism and ethical standards as well as
personal integrity must be addressed.
d. Knowledge and understanding of Virginia's Guidelines for
Uniform Performance Standards and Evaluation Criteria for Teachers must be
included.
6. Reading.
a. Early/primary education preK-3 and elementary education
preK-6 - language acquisition and reading and writing. Skills listed for these
endorsement areas represent the minimum competencies that a beginning teacher
must be able to demonstrate. These skills are not intended to limit the scope
of a beginning teacher's program. Additional knowledge and skills that add to a
beginning teacher's competencies to deliver instruction and improve student
achievement should be included as part of a quality learning experience.
(1) Language acquisition: Skills in this area shall be
designed to impart a thorough understanding of the Virginia English Standards
of Learning as well as the complex nature of language acquisition as a
precursor to literacy. Language acquisition shall follow the typical
development of linguistic competence in the areas of phonetics, semantics,
syntax, morphology, phonology, and pragmatics.
(2) Reading and writing: Skills in this area shall be
designed to impart a thorough understanding of the Virginia English Standards
of Learning as well as the reciprocal nature of reading and writing. Reading
shall include phonemic awareness, concept of print, phonics, fluency,
vocabulary development, and comprehension strategies. Writing shall include
writing strategies and conventions as supporting the composing and writing
expression and usage and mechanics domains. Additional skills shall include
proficiency in understanding the stages of spelling development, the writing
process as well as the ability to foster appreciation of a variety of fiction
and nonfiction text and independent reading.
b. Middle education - language acquisition and reading
development and literacy in the content areas.
(1) Language acquisition and reading development: Skills in
this area shall be designed to impart a thorough understanding of the complex
nature of language acquisition and reading, to include phonemic awareness,
phonics, fluency, vocabulary development, and comprehension strategies for
adolescent learners. Additional skills shall include proficiency in writing
strategies, as well as the ability to foster appreciation of a variety of
fiction and nonfiction text and independent reading for adolescent learners.
(2) Literacy in the content areas: Skills in this area
shall be designed to impart an understanding of vocabulary development and
comprehension skills in areas of English, mathematics, science, history and
social science, and other content areas. Strategies include teaching students
how to ask effective questions, summarize and retell both verbally and in
writing, and to listen effectively. Teaching strategies include literal,
interpretive, critical, and evaluative comprehension, as well as the ability to
foster appreciation of a variety of fiction and nonfiction text and independent
reading for adolescent readers.
7. Supervised clinical experiences. The supervised clinical
experiences shall be continuous and systematic and comprised of early field
experiences with a minimum of 10 weeks of full-time student teaching under the
supervision of a cooperating teacher with demonstrated effectiveness in the
classroom. The summative supervised student teaching experience shall include
at least 150 clock hours spent in direct teaching at the level of endorsement.
One year of successful full-time teaching experience in the endorsement area in
any public school or accredited nonpublic school may be accepted in lieu of the
supervised student teaching experience. A fully licensed, experienced teacher
shall be available in the school building to assist a beginning teacher
employed through the alternate route.
8VAC20-543-100. Early childhood for three-year-olds and
four-year-olds (add-on endorsement).
The program in early childhood education for
three-year-olds and four-year-olds shall ensure that the candidate holds an
active license with an endorsement in elementary education (such as preK-3 or
preK-6) or special education early childhood issued by the Virginia Board of
Education and has demonstrated the following competencies:
1. Understanding child growth and development from birth
through age five, with a specific focus on three-year-olds and four-year-olds,
including:
a. Knowledge of characteristics and developmental needs of
three-year-olds and four-year-olds, including the ability to recognize indicators
of typical and atypical development, in the domains of language, social,
emotional, cognitive, physical, and gross and fine motor development;
b. Understanding of the multiple interacting influences on
child development (biological and environmental), interconnectedness of
developmental domains, the wide range of ages at which developmental skills are
manifested, and the individual differences in behavioral styles; and
c. Knowledge of child development within the context of
family, culture, and society.
2. Understanding principles of developmental practice, with
a focus on three-year-olds and four-year-olds, including practices that are:
a. Appropriate to the child's age and stage of development;
b. Appropriate for children with a wide range of individual
differences in abilities, interests, and learning styles; and
c. Appropriate for the child's cultural background and
experience.
3. Understanding health and nutritional practices that
impact early learning including:
a. Practices and procedures that support health status
conducive to optimal development (e.g., health assessment, prevention of the
spread of communicable disease, oral hygiene, reduction of environmental
hazards, injury prevention, and emergency preparedness);
b. Indicators of possible child abuse or neglect and the
appropriate response if such indicators are observed;
c. Nutritional and dietary practices that support healthy
growth and development while remaining sensitive to each family's preferences,
dietary restrictions, and culture;
d. Skills for communicating with families about health and
dietary concerns;
e. Community resources that support healthy living; and
f. Practices that allow children to become independent and
knowledgeable about healthy living.
4. Understanding and application of formal and informal
assessment procedures for documenting development and knowledge of how to use
assessment to plan curriculum, including:
a. Age-appropriate and stage-appropriate methods for
documenting, assessing, and interpreting development and learning;
b. Identifying and documenting children's interests,
strengths, and challenges; and
c. Communicating with families to acquire and to share
information relevant to assessment.
5. Understanding effective strategies for (i) facilitating positive
reciprocal relationships with children for teachers, families, and communities
through mutual respect, communication strategies, collaborative linkages among
families, and community resources and (ii) nurturing the capacity of family
members to serve as advocates on behalf of children.
6. Understanding strategies for planning, implementing,
assessing, and modifying physical and psychological aspects of the learning
environment to support language, physical, cognitive, and social, as well as
emotional, well-being in children with a broad range of developmental levels,
special needs, individual interests, and cultural backgrounds, including the
ability to:
a. Utilize learning strategies that stimulate curiosity,
promote thinking, and encourage participation in exploration and play;
b. Provide curriculum that facilitate learning goals in
content areas and provide opportunities to acquire concepts and skills that are
precursors to academic content taught in elementary school;
c. Adapt tasks to the child's zone of proximal development;
d. Nurture children's development through firsthand
experiences and opportunities to explore, examine, and investigate real
materials in authentic context and engage in social interactions with peers and
adults;
e. Select materials and equipment, arrange physical space,
and plan schedules and routines to stimulate and facilitate development; and
f. Collaborate with families, colleagues, and members of
the broader community to construct learning environments that promote a spirit
of unity, respect, and service in the interest of the common good.
7. Understanding strategies that create positive and
nurturing relationships with each child based on respect, trust, and acceptance
of individual differences in ability levels, temperament, and other
characteristics, including the ability to:
a. Emphasize the importance of supportive verbal and
nonverbal communication;
b. Establish classroom and behavior management practices
that are respectful, meet children's emotional needs, clearly communicate
expectations for appropriate behavior, promote pro-social behaviors, prevent or
minimize behavioral problems through careful planning of the learning
environment, teach conflict resolution strategies, and mitigate or redirect
challenging behaviors; and
c. Build positive, collaborative relationships with
children's families with regard to behavioral guidance.
8VAC20-543-110. 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 Virginia's Foundation Blocks for Early
Learning: Comprehensive Standards for Four-Year-Olds and the Virginia Standards
of Learning in English, mathematics, history and social science, science, and
computer and 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 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, 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 and English. Understanding of the content,
knowledge, skills, and processes for teaching Virginia's Foundation Blocks for
Early Learning: Comprehensive Standards for Four-Year-Olds and 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
as screening, diagnostic, and progress monitoring 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
inform instruction for acceleration, intervention, remediation, and
differentiation.
(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, such as through storytelling, drama, and choral and oral
reading, etc.
(3) Reading and literature. The individual shall:
(a) Be proficient in explicit phonics instruction,
including an understanding of sound and symbol relationships, syllables,
phonemes, morphemes, word analysis, and decoding skills;
(b) Be proficient in strategies to increase vocabulary and
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
(i) fiction and nonfiction text predicting, retelling, and summarizing and (ii)
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;
(g) Understand the importance of promoting independent
reading by selecting fiction and nonfiction texts of appropriate yet engaging
topics and reading levels; and
(h) Demonstrate effective strategies for teaching students
to view, interpret, analyze, and represent information and concepts in visual
form with or without the spoken or written word.
(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 publishing;
(b) Understand the stages of spelling development,
promoting the generalization of spelling study to writing, and be proficient in
systematic spelling instruction, including awareness of the purpose and
limitations of "invented spelling"; and
(c) Demonstrate the ability to teach students to write
cohesively for a variety of purposes and to provide instruction on the writing
process: planning, drafting, revising, editing, and publishing in the
narrative, descriptive, persuasive, 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 Virginia's Foundation Blocks for Early Learning:
Comprehensive Standards for Four-Year-Olds and 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 and their structure, basic operations,
and properties;
(b) Elementary number theory, ratio, proportion, and
percent;
(c) Algebra: fundamental idea of equality; operations with
monomials and polynomials; algebraic fractions; linear and quadratic equations
and inequalities and 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 forms of
functions;
(d) Geometry: geometric figures, their properties,
relationships, the Pythagorean Theorem; deductive and inductive reasoning;
perimeter, area, and surface area of two-dimensional and three-dimensional
figures; coordinate and transformational geometry; and constructions; and
(e) Probability and statistics: permutations and
combinations; experimental and theoretical probability; prediction; data
collection and graphical representations including box-and-whisker plots; and
measures of center, spread of data, variability, range, and normal
distribution.
(2) Understanding of the sequential nature of mathematics
and vertical progression of mathematical standards.
(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 models and 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 appropriate use of calculators and
technology in the teaching and learning of mathematics, including virtual
manipulatives.
(7) Understanding of and the ability to use strategies to
teach mathematics to diverse learners.
c. History and social sciences.
(1) Understanding of the knowledge, skills, and processes
of history and the social science disciplines as defined in Virginia's
Foundation Blocks for Early Learning: Comprehensive Standards for
Four-Year-Olds and 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 and
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;
(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 four core science disciplines as defined in Virginia's Foundation Blocks
for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia
Science Standards of Learning and how these standards provide a sound
foundation for teaching science in the early/primary grades.
(2) Understanding of the nature of the theory and
scientific inquiry, including the following:
(a) Function of research design and experimentation;
(b) Role and nature of science in explaining and predicting
events and phenomena;
(c) Practices required to provide empirical answers to
research questions, including data collection and analysis, modeling,
argumentation with evidence, and contracting explanations;
(d) Reliability of scientific knowledge and its constant
scrutiny and refinement;
(e) Self-checking mechanisms used by science to increase
objectivity, including peer review; and
(f) Assumptions, influencing conditions, and limits of
empirical knowledge.
(3) Understanding of the knowledge, skills, and practices
for conducting an active elementary science program, including the ability to:
(a) Design instruction reflecting the goals of the Virginia
Science Standards of Learning;
(b) Implement classroom and laboratory safety rules and
procedures, and ensure that students take appropriate safety precautions;
(c) Conduct research projects and experiments, including
applications of the design process and technology;
(d) Conduct systematic field investigations using the
school grounds, the community, and regional resources;
(e) Organize key science content, skills, and practices into
meaningful units of instruction that actively engage students in learning;
(f) Design instruction to meet the needs of diverse
learners using a variety of techniques;
(g) Evaluate instructional materials, technologies, and
teaching practices;
(h) Conduct formative and summative assessments of student
learning;
(i) Incorporate instructional technology to enhance student
performance in science; and
(j) Ensure student competence in science.
(4) Understanding of the content, processes, and skills of
the four core science areas, including Earth sciences, biology, chemistry, and
physics supporting the teaching of elementary school science as defined by the
Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for
Four-Year-Olds and Virginia Science Standards of Learning and equivalent to
academic course work in each of these four core science areas.
(5) Understanding of the core scientific disciplines of
Earth science, biology, chemistry, and physics to ensure:
(a) The placement of the four core scientific disciplines
in an appropriate interdisciplinary context;
(b) The ability to teach the processes and crosscutting
concepts common to the natural and physical sciences;
(c) The application of key science principles to solve
practical problems; and
(d) A "systems" understanding of the natural
world.
(6) Understanding of the contributions and significance of
science, including:
(a) Its social, cultural, and economic significance;
(b) The relationship of science to mathematics, the design process,
and technology; and
(c) The historical development of scientific concepts and
scientific reasoning.
8VAC20-543-120. 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 Virginia's Foundation Blocks
for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia
Standards of Learning in English, mathematics, history and social science,
science, and computer and technology;
b. Understanding of current research on the brain, its role
in learning, and implications for instruction;
c. The ability to integrate English, mathematics, science,
health, history and social sciences, art, music, drama, movement, and
technology in learning experiences;
d. The use of differentiated instruction and flexible
groupings to meet the needs of learners at different stages of development,
abilities, and achievement;
e. 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;
f. The ability to utilize effective classroom and behavior
management skills through methods that build responsibility and self-discipline
and maintain a positive learning environment;
g. 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;
h. The ability to use formal and informal assessments to
diagnose needs, plan and modify instruction, and record student progress;
i. A commitment to professional growth and development
through reflection, collaboration, and continuous learning;
j. The ability to analyze, evaluate, and apply quantitative
and qualitative research; and
k. Understanding of the Virginia Standards of Learning for
Computer Technology and the ability to use technology as a tool for teaching,
learning, research, and communication.
2. Knowledge and skills.
a. Reading and English. Understanding of the content,
knowledge, skills, and processes for teaching Virginia's Foundation Blocks for
Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia
Standards of Learning for English including communication (speaking, listening,
and media literacy), reading, writing, and research 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 as screening diagnostic, and progress monitoring 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
inform instruction for acceleration, intervention, remediation, and
differentiation.
(2) Communication: speaking, listening, and media literacy.
The individual shall:
(a) Be proficient in the knowledge, skills, and processes
necessary for teaching communication (speaking, listening, and media literacy);
(b) Be proficient in developing students' phonological
awareness skills;
(c) Demonstrate the ability to teach students to identify
the characteristics of and apply critical thinking to media messages and to
facilitate students' proficiency in using various forms of media to collaborate
and communicate;
(d) Demonstrate effective strategies for facilitating the
learning of standard English by speakers of other languages and dialects; and
(e) Demonstrate the ability to promote creative thinking
and expression, such as through storytelling, drama, choral and oral reading,
etc.
(3) Reading and literature. The individual shall:
(a) Be proficient in explicit and systematic phonics
instruction, including an understanding of sound and symbol relationships,
syllables, phonemes, morphemes, word analysis, and decoding skills;
(b) Be proficient in strategies to increase vocabulary and
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,
inferencing, summarizing, clarifying, evaluating, and making connections;
(e) Demonstrate the ability to support students to read
with fluency, accuracy, and meaningful expression (prosody);
(f) Demonstrate the ability to develop comprehension skills
in all content areas;
(g) Demonstrate the ability to foster appreciation of a
variety of literature;
(h) Understand the importance of promoting independent
reading by selecting fiction and nonfiction texts of appropriate yet engaging
topics and reading levels; and
(i) Demonstrate effective strategies for teaching students
to view, interpret, analyze, and represent information and concepts in visual
form with or without the spoken or written word.
(4) Writing. The individual shall:
(a) Be proficient in the knowledge, skills, and processes
necessary for teaching writing, including the domains of composing and written
expression, and usage and mechanics and the writing process of planning,
drafting, revising, editing, and publishing;
(b) Understand the stages of spelling development,
promoting the generalization of spelling study to writing, and be proficient in
systematic spelling instruction, including awareness of the purpose and
limitations of "invented spelling";
(c) Demonstrate the ability to teach students to write
cohesively for a variety of purposes and to provide instruction on the writing
process: planning, drafting, revising, editing, and publishing in the
narrative, descriptive, persuasive, and explanative modes; and
(d) Demonstrate the ability to facilitate student research
and related skills such as accessing information, evaluating the validity of
sources, citing sources, and synthesizing information.
(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 Virginia's Foundation Blocks for Early Learning:
Comprehensive Standards for Four-Year-Olds and 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 concrete materials should be used within the
following content:
(a) Number systems and 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 and 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 forms of functions;
(d) Geometry: geometric figures, their properties,
relationships, the Pythagorean Theorem; deductive and inductive reasoning;
perimeter, area, and surface area of two-dimensional 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; and measures of center, range,
and normal distribution; and
(f) Computer science: terminology, simple programming, and
software applications.
(2) Understanding of the sequential and developmental
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 Virginia's
Foundation Blocks for Early Learning: Comprehensive Standards for
Four-Year-Olds and 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 modern
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 and
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;
(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 four core science disciplines as defined in Virginia's Foundation Blocks
for Early Learning: Comprehensive Standards for Four-Year-Olds and 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 the:
(a) Function of research design and experimentation;
(b) Role and nature of the theory in explaining and
predicting events and phenomena;
(c) Practices required to provide empirical answers to
research questions, including data collection and analysis, modeling,
argumentation with evidence, and constructing explanations;
(d) Reliability of scientific knowledge and its constant
scrutiny and refinement;
(e) Self-checking mechanisms used by science to increase
objectivity, including peer review; and
(f) Assumptions, influencing conditions, and limits of
empirical knowledge.
(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) Implement classroom and laboratory safety rules and
procedures and ensure that students take appropriate safety precautions;
(c) Conduct research projects and experiments, including
applications of the design process and technology;
(d) Conduct systematic field investigations using the
school grounds, the community, and regional resources;
(e) Organize key science content, skills, and practices
into meaningful units of instruction that actively engage students in learning;
(f) Design instruction to meet the needs of diverse
learners using a variety of techniques;
(g) Evaluate instructional materials, technologies, and
teaching practices;
(h) Conduct formative and summative assessments of student
learning;
(i) Incorporate instructional technology to enhance student
performance in science; and
(j) Ensure student competence in science.
(4) Understanding of the content, processes, and skills of
the four science areas, including Earth sciences, biology, chemistry, and
physics supporting the teaching of preK-6 science as defined by the Virginia
Science Standards of Learning and equivalent course work reflecting each of the
four core science areas.
(5) Understanding of the core scientific disciplines of
Earth science, biology, chemistry, and physics to ensure:
(a) The placement of the four core scientific disciplines
in an appropriate interdisciplinary context;
(b) The ability to teach the processes and crosscutting
concepts common to the natural and physical sciences;
(c) The application of key science principles to solve
practical problems; and
(d) A "systems" understanding of the natural
world.
(6) Understanding of the contributions and significance of
science including:
(a) Its social, cultural, and economic significance;
(b) The relationship of science to mathematics, the design
process, and technology; and
(c) The historical development of scientific concepts and
scientific reasoning.
8VAC20-543-130. 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 and inquiry-based instructional methods, 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 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, listening, collaboration, and media literacy;
f. Knowledge of varied works from current and classic young
adult literature appropriate for English instruction of fiction, nonfiction,
and poetry; and
g. Skills necessary to teach research techniques, including
evaluating, organizing, crediting, and synthesizing information.
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 (the Declaration of American Independence; the
general principles of the Constitution of the United States; the Virginia
Statute of Religious Freedom; the charters of The Virginia Company of April 10,
1606, May 23, 1609, and March 12, 1612; 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; and the 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 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) Local government and civic instruction specific to
Virginia;
(j) 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; and patterns, functions, and algebra;
c. 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 the middle grades. Experiences with
practical applications and the use of appropriate technology and manipulatives
should be used within the following content:
(1) Number systems and their structure, basic operations,
and properties;
(2) Elementary number theory, ratio, proportion, and
percent;
(3) Algebra: fundamental idea of equality; operations with
monomials and polynomials; algebraic fractions; linear and quadratic equations
and inequalities and 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 forms of functions;
(4) Geometry: geometric figures, their properties,
relationships, the Pythagorean Theorem; deductive and inductive reasoning;
perimeter, area, and surface area of two-dimensional and three-dimensional
figures; coordinate and transformational geometry; and constructions;
(5) Probability and statistics: permutations and
combinations; experimental and theoretical probability; data collection and
graphical representations, including box-and-whisker plots; data analysis and
interpretation for predictions; measures of center; spread of data,
variability, range, standard deviation, and normal distributions.
d. Understanding of the sequential nature of mathematics,
the vertical progression of mathematical standards, and the mathematical
structures inherent in the content strands;
e. Understanding of and the ability to use the five
processes - becoming mathematical problem solvers, reasoning mathematically,
communicating mathematically, making mathematical connections, and
representing, modeling and describing mathematical ideas, generalizations, and
relationships using a variety of methods - at different levels of complexity;
f. Understanding of the contributions of various
individuals and cultures toward the development of mathematics and the role of
mathematics in culture and society;
g. Understanding of the major current curriculum studies
and trends in mathematics;
h. Understanding of the appropriate use of calculators and
technology and the ability to use graphing utilities in the teaching and
learning of mathematics, including virtual manipulatives;
i. Understanding of and the ability to select, adapt,
evaluate and use instructional materials and resources, including professional
journals and technology;
j. Understanding of and the ability to use strategies for
managing, assessing, and monitoring student learning, including diagnosing
student errors; and
k. Understanding of and the ability to use strategies to
teach mathematics to diverse adolescent 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 and 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.
Article 3
PreK-12 Endorsements, Special Education, Secondary Grades 6-12 Endorsements,
and Adult Education
8VAC20-543-140. Professional studies requirements for
preK-12 endorsements, special education, secondary grades 6-12 endorsements,
and adult education.
Professional studies requirements for preK-12
endorsements, special education, secondary grades 6-12 endorsements, and adult
education:
1. Human development and learning (birth through
adolescence).
a. Skills in this area shall contribute to an understanding
of the physical, social, emotional, speech and language, and intellectual
development of children and the ability to use this understanding in guiding
learning experiences and relating meaningfully to students.
b. The interaction of children with individual differences
- economic, social, racial, ethnic, religious, physical, and mental - should be
incorporated to include skills contributing to an understanding of
developmental disabilities and developmental issues related but not limited to
low socioeconomic status, attention deficit disorders, developmental
disabilities, gifted education including the use of multiple criteria to
identify gifted students, substance abuse, child abuse, and family disruptions.
2. Curriculum and instruction.
a. Skills in this area shall contribute to an understanding
of the principles of learning; the application of skills in discipline-specific
methodology; effective communication with and among students; selection and use
of materials, including media and contemporary technologies; selection,
development, and use of appropriate curricula, methodologies, and materials
that support and enhance student learning and reflect the research on unique,
age-appropriate, and culturally relevant curriculum and pedagogy.
b. Understanding of the principles of online learning and
online instructional strategies and the application of skills to deliver online
instruction must be included.
c. Instructional practices that are sensitive to culturally
and linguistically diverse learners, including limited English proficient
students, gifted and talented students, and students with disabilities, and
appropriate for the level of endorsement sought shall be included.
d. Teaching methods shall be tailored to promote student
academic progress and effective preparation for the Standards of Learning
assessments.
e. Methods of improving communication between schools and
families and ways of increasing family involvement in student learning at home
and in school and the Virginia Standards of Learning shall be included.
f. Demonstrated proficiency in the use of educational
technology for instruction shall be included.
g. Persons seeking initial licensure as teachers and
persons seeking licensure renewal as teachers for the first time shall complete
study in child abuse recognition and intervention in accordance with curriculum
guidelines developed by the Virginia Board of Education in consultation with
the Virginia Department of Social Services that are relevant to the specific
teacher licensure routes.
h. Curriculum and instruction for secondary grades 6-12
endorsements shall include middle and secondary education. Pre-student teaching
experiences (field experiences) should be evident within these skills. For
preK-12, field experiences shall be at the elementary, middle, and secondary
levels.
3. Assessment of and for learning.
a. Skills in this area shall be designed to develop an
understanding and application of creating, selecting, and implementing valid
and reliable classroom-based assessments of student learning, including
formative and summative assessments. Assessments designed and adapted to meet
the needs of diverse learners must be addressed.
b. Analytical skills necessary to inform ongoing planning
and instruction, as well as to understand and help students understand their
own progress and growth must be included.
c. Skills also include the ability to understand the
relationships among assessment, instruction, and monitoring student progress to
include student performance measures in grading practices, the ability to
interpret valid assessments using a variety of formats in order to measure
student attainment of essential skills in a standards-based environment, and
the ability to analyze assessment data to make decisions about how to improve
instruction and student performance.
d. Understanding of state assessment programs and
accountability systems, including assessments used for student achievement goal
setting as related to teacher evaluation and determining student academic
progress, including knowledge of legal and ethical aspects of assessment.
e. Skills include developing familiarity with assessments
used in preK-12 education (e.g., diagnostic, college admission exams, industry
certifications, placement assessments).
4. The teaching profession.
a. Skills in this area shall be designed to develop an
understanding of the historical, philosophical, and sociological foundations
underlying the role, development, and organization of public education in the
United States.
b. Attention must be given to the legal status of teachers
and students, including federal and state laws and regulations; school as an
organization and culture; and contemporary issues and current trends in
education, including the impact of technology on education. Local, state, and
federal governance of schools, including the roles of teachers and schools in
communities, must be included.
c. Professionalism and ethical standards, as well as
personal integrity must be addressed.
d. Knowledge and understanding of Virginia's Guidelines for
Uniform Performance Standards and Evaluation Criteria for Teachers must be
included.
5. Classroom and behavior management.
a. Skills in this area shall contribute to an understanding
of and application of research-based classroom and behavior management
techniques, classroom community building, positive behavior supports, and
individual interventions, including techniques that promote emotional
well-being and teach and maintain behavioral conduct and skills consistent with
norms, standards, and rules of the educational environment.
b. This area shall address diverse approaches based upon
behavioral, cognitive, affective, social, and ecological theory and practice.
c. Approaches should support professionally appropriate
practices that promote positive redirection of behavior, development of social
skills, and self-discipline.
d. Knowledge and an understanding of various school crisis
management and safety plans and the ability to create a safe, orderly classroom
environment must be included. The link between classroom management and the
students' ages must be understood and demonstrated in techniques used in the
classroom.
6. Reading.
a. Adult education, preK-12, and secondary grades 6-12 -
literacy in the content areas. Skills in this area shall be designed to impart
an understanding of vocabulary development and comprehension skills in English,
mathematics, science, history and social sciences, and other content areas.
Strategies include teaching students how to ask effective questions, summarize
and retell both verbally and in writing, and listen effectively. Teaching
strategies include literal, interpretive, critical, and evaluative
comprehension, as well as the ability to foster appreciation of a variety of
fiction and nonfiction texts and independent reading for adolescent learners.
b. Special education - language acquisition and reading and
writing. Skills listed for these endorsement areas represent the minimum
competencies that a beginning teacher must be able to demonstrate. These skills
are not intended to limit the scope of a beginning teacher's program.
Additional knowledge and skills that add to a beginning teacher's competencies
to deliver instruction and improve student achievement should be included as
part of a quality learning experience.
(1) Language acquisition: Skills in this area shall be
designed to impart a thorough understanding of the Virginia English Standards
of Learning as well as the complex nature of language acquisition as a
precursor to literacy. Language acquisition shall follow the typical
development of linguistic competence in the areas of phonetics, semantics, syntax,
morphology, phonology, and pragmatics.
(2) Reading and writing: Skills in this area shall be
designed to impart a thorough understanding of the Virginia English Standards
of Learning as well as the reciprocal nature of reading and writing. Reading
shall include phonemic awareness, concept of print, phonics, fluency,
vocabulary development, and comprehension strategies. Writing shall include
writing strategies and conventions as supporting the composing and written
expression and usage and mechanics domains. Additional skills shall include
proficiency in understanding the stages of spelling development, the writing
process, and the ability to foster appreciation of a variety of fiction and
nonfiction texts and independent reading.
7. Supervised clinical experiences. The supervised clinical
experiences shall be continuous and systematic and comprised of early field
experiences with a minimum of 10 weeks of full-time student teaching under the
supervision of a cooperating teacher with demonstrated effectiveness in the
classroom. The summative supervised student teaching experience shall include
at least 150 clock hours spent in direct teaching at the level of endorsement.
If a preK-12 endorsement is sought, teaching activities
shall be at the elementary and middle or secondary levels. Individuals seeking
the endorsement in library media shall complete the supervised school library
media practicum in a school library media setting. Individuals seeking an
endorsement in an area of special education shall complete the supervised
student teaching experience requirement in the area of special education for
which the endorsement is sought. One year of successful full-time teaching
experience in the endorsement area in any public school or accredited nonpublic
school may be accepted in lieu of the supervised student teaching experience. A
fully licensed, experienced teacher shall be available in the school building
to assist a beginning teacher employed through the alternate route.
8VAC20-543-150. Adult education.
The program in adult education shall ensure that the
candidate has demonstrated the following competencies:
1. Understanding of the nature or psychology of the adult
learner or adult development;
2. Understanding of the knowledge, skills, and processes
needed for the selection, evaluation, and instructional applications of the
methods and materials for adult basic skills including:
a. Curriculum development in adult basic education or
general educational development (GED) instruction;
b. Beginning reading for adults;
c. Beginning mathematics for adults;
d. Reading comprehension for adult education;
e. Foundations of adult education; and
f. Other adult basic skills instruction.
3. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing;
4. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes; and
5. One semester of supervised successful full-time, or an
equivalent number of hours of part-time, experience teaching adults.
8VAC20-543-160. Adult English as a second language (add-on
endorsement).
The program in adult English as a second language shall
ensure that the candidate holds an active license with a teaching endorsement
or endorsements issued by the Virginia Board of Education and has demonstrated
the following competencies:
1. Knowledge in the growth and development of the adult
learner;
2. Knowledge of teaching methods and materials in adult
English as a second language;
3. Knowledge in adult language acquisition;
4. Knowledge of assessment methods in adult English as a
second language instruction;
5. Skills in teaching the adult learner;
6. Understanding of the effects of sociocultural variables
in the instructional setting;
7. Skills in teaching a variety of adult learning styles;
8. Proficiency in cross-cultural communication;
9. Proficiency in speaking, listening, and reading;
10. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing; and
11. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-170. Career and technical education –
agricultural education.
The program in agricultural education shall ensure that
the candidate has demonstrated the following competencies:
1. Understanding of the importance and relationship of and
contribution to the agricultural industry to the community, state, nation, and
global economy including:
a. Knowledge of the fundamental historical foundation of
the state and national agricultural industry;
b. Knowledge of contemporary components of the United
States food and fiber system; and
c. Knowledge of the career opportunities in agriculture and
related fields.
2. Applying the knowledge, skills, and processes involved
in plant and soil sciences, including:
a. Production, use, and marketing of row crops, specialty
crops, forage crops, fruits, small grains, vegetables, and cereal crops; and
b. Soil and water management.
3. Applying the knowledge, skills, and processes involved
in the production, management, and marketing of animals, including:
a. Production of cattle, swine, poultry, dairy cows, sheep,
aquaculture species, goats, and horses; and
b. Care and management of horses and small companion
animals.
4. Applying knowledge, skills, and processes involved in
agricultural mechanics and technology, including:
a. Set up safe operation, repair, and maintenance of
equipment, tools, and measuring devices used in agriculture;
b. Knowledge of energy transfer systems used in agriculture;
c. Knowledge of properties of metals used in tools and
equipment; and
d. Knowledge of alternative energy sources, fuels, and
lubricants from agricultural and natural resources.
5. Understanding of agricultural economics, including the
various markets, international trade, government policies, and the operation
and management of various agricultural businesses.
6. Applying the knowledge, skills, and processes involved
in natural resources, including:
a. Care, management, and conservation of soil, air, water,
energy, and wildlife; and
b. Production and management of the forest.
7. Understanding the relationship of agriculture to
community resource and partnership development, including:
a. Local agricultural program advisory committees;
b. Adult education programs;
c. Agricultural enterprises;
d. Student work-based learning opportunities;
e. Public and private programs and resources; and
f. Civic organizations.
8. Implementing classroom management techniques and
pedagogical knowledge necessary to:
a. Understand the biological, physical, chemical, and
applied sciences to practical solutions of agricultural problems;
b. Teach agricultural competencies needed by secondary
students to be successful in continuing their education and entering a related
career pathway;
c. Develop effective leadership skills through the Future
Farmers of America (FFA) student organization as an integral part of
instruction; and
d. Apply knowledge and skills for the administration of the
agricultural program, including managing budgets, maintaining student
performance records and equipment inventories.
9. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
10. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
11. Understanding of and proficiency in the use of
instructional technologies.
12. Demonstrating and integrating workplace readiness
skills in the classroom and real-world activities.
13. Ability to plan, deliver, and manage work-based
learning methods of instruction such as internship, job shadowing, cooperative
education, mentorship, service learning, clinical, and youth apprenticeship.
8VAC20-543-180. Career and technical education – business
and information technology.
The program in business and information technology shall
ensure that the candidate has demonstrated the following competencies:
1. Knowledge, skills, and principles of manual and
automated accounting, including:
a. Accounting concepts, terminology, and applications;
b. Accounting systems;
c. The basic accounting cycle of source documents,
verifications, analyzing, recording, posting, trial balances, and preparing
financial statements; and
d. Use of accounting computer software to automate
accounting tasks.
2. Knowledge and skills in
economics, including:
a. Basic economic concepts and structures;
b. The role of producers and consumers in a market economy;
c. The price system;
d. The many factors that may affect income;
e. A nation's economic goals, including full employment,
stable prices, and economic growth;
f. The nation's finance system;
g. How monetary and fiscal policy influence employment,
output, and prices;
h. The role of government in a market economy;
i. The global economy; and
j. Distinguishing between trade deficit and trade surplus.
3. Knowledge of the foundations of business selected from
the following areas:
a. Business law.
(1) Ability to recognize the legal requirements affecting
business organization; and
(2) Ability to apply legal principles to business
situations.
b. Business principles.
(1) Ability to identify, explain, and apply contemporary
business principles;
(2) Ability to identify and explain the advantages and
disadvantages of various business organizational structures; and
(3) Knowledge of the foundations of international business,
the global business environment, international business communications, and
global business ethics.
c. Management. Understanding and analyzing of basic
management functions, tools, theories, and leadership styles to explore and
solve problems in business organizations, economics, international business,
and human relations issues.
d. Marketing and entrepreneurship.
(1) Understanding of basic marketing concepts in sales
techniques, advertising, display, buying, wholesale and retail, distribution,
service occupations, market analysis, warehousing, and inventory control; and
(2) Understanding of the unique characteristics of an
entrepreneur and the knowledge and skills necessary for an entrepreneurial
venture.
e. Finance.
(1) Knowledge about and skills in the areas of managing
personal finance and budgeting, saving and investing, buying goods and
services, banking and financial institutions, and earning and reporting income
needed for sound financial decision making; and
(2) Understanding of the basic concepts of economics,
insurance, credit, consumer skills, and other related topics.
4. Knowledge and skills in all of the following
communications and information technologies:
a. Communications.
(1) Ability to communicate in a clear, courteous, concise,
and correct manner for personal and professional purposes through the foundations
of listening, writing, reading, speaking, nonverbal cues, and following written
and oral directions;
(2) Ability to use information systems and technology to
expedite and enhance the effectiveness of communications and
telecommunications; and
(3) Ability to gather, evaluate, use, and cite information
from information technology sources.
b. Impact of technology on society and the individual
(digital citizenship). Knowledge to assess the impact of information technology
on society.
c. Computer architecture. Ability to describe current and
emerging computer architecture; configure, install, and upgrade hardware; and
diagnose and repair hardware problems.
d. Operating systems, environments, and utilities. Ability
to identify, evaluate, select, install, use, upgrade, customize, and diagnose
and solve problems with various types of operating systems, environments, and
utilities.
e. Application software (e.g., word processing; database;
spreadsheet; graphics; web design; desktop, presentation, multimedia, and
imaging; and emerging technologies).
(1) Ability to identify, evaluate, select, install, use,
upgrade, and customize application software; and
(2) Ability to diagnose and solve problems resulting from
an application software's installation and use.
f. Input technologies. Ability to use input devices and
technologies (e.g., touch keyboarding, speech recognition, handwriting
recognition, hand-held devices, touch screen or mouse, scanning, and other
emerging input technologies) to enter, manipulate, and format text and data.
g. Database management systems. Ability to use, plan,
develop, and maintain database management systems. Ability to diagnose and
solve problems using database management systems.
h. Programming and application development. Ability to help
students design, develop, test, and implement multi-platform (e.g., mobile,
different operating systems) programs that solve business problems.
i. Networking and communications infrastructures.
(1) Facilitate students' development in the skills to design,
deploy, and administer networks and communications systems;
(2) Facilitate students' ability to use, evaluate, and
deploy communications and networking applications; and
(3) Facilitate students' ability to analyze networks for
security vulnerabilities and develop and deploy appropriate security plans and
applications.
j. Information management.
(1) Ability to plan the selection and acquisition of
information technologies (hardware and software);
(2) Ability to instruct students in the development of
technical and interpersonal skills and knowledge to support the user community;
and
(3) Ability to describe, analyze, develop, and follow
policies for managing privacy and ethical issues in organizations and in a
technology-based society.
k. Web development and multimedia;
(1) Ability to instruct students in the design and
development of web applications based on industry standards and principles of
good design;
(2) Ability to instruct students in the design and
development of multimedia applications; and
(3) Ability to design and develop multimedia and web-based
applications for multiple operating systems and environments (mobile, desktop,
cloud).
l. Project management.
(1) Understand the components of project management and its
importance to business and information technology.
(2) Use project management tools to coordinate information
technology, business, or related projects and manage teamwork.
5. Knowledge and skills necessary to teach leadership
skills, organize and manage an effective co-curricular student organization,
and implement the organization's activities as an integral part of instruction.
6. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
7. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8. Knowledge and skills necessary to apply basic
mathematical operations to solve business problems.
9. Demonstration and integration of workplace readiness
skills in the classroom and real-world activities.
10. Ability to plan, deliver, evaluate, and manage
work-based learning methods of instruction such as internship, job shadowing,
cooperative education, mentorship, service learning, clinical, and youth
apprenticeship.
8VAC20-543-190. Career and technical education – family and
consumer sciences.
The program in family and consumer sciences shall ensure
that the candidate has demonstrated the following competencies:
1. Knowledge of the human growth and developmental
processes throughout the lifespan, including infancy, childhood,
preadolescence, adolescence, adulthood and aging, and in creating and
maintaining an environment in which family members develop and interact as
individuals and as members of a group;
2. Knowledge of the decision-making processes related to
housing, furnishings, and equipment for individuals and families with attention
given to special needs and the diversity of individuals;
3. The ability to plan, purchase, and prepare food choices
that promote nutrition and wellness and safety and sanitation;
4. Knowledge of the management of resources to achieve
individual and family goals at different stages of the life span and the family
life cycle;
5. Knowledge of the sociological, psychological, and
physiological aspects of apparel and textiles for individuals and families;
6. Knowledge of the management of families, community,
work, and their interrelationships;
7. Knowledge of occupational skill development and career
planning;
8. Knowledge of the use of critical science and creative
skills to address problems in diverse family, community, and work environments;
9. Knowledge and skills necessary to teach leadership,
communication, interpersonal problem-solving, and ethical decision-making
skills;
10. The ability to plan, develop, teach, supervise, and
evaluate programs in occupational programs at the secondary, postsecondary, and
adult levels;
11. The ability to organize and implement Family, Career,
and Community Leaders of America (FCCLA) programs as an integral part of
classroom instruction;
12. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing;
13. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes;
14. Demonstrate and integrate workplace readiness skills in
the classroom and real-world activities; and
15. Ability to plan, deliver, and manage work-based
learning methods of instruction such as internship, job shadowing, cooperative
education, mentorship, service learning, clinical, and youth apprenticeship.
8VAC20-543-200. Career and technical education – health and
medical sciences.
The program in health and medical sciences shall ensure
that the candidate has demonstrated the following competencies:
1. Knowledge of teaching methods.
a. Instructional planning - ability to determine the needs
and interests of students;
b. Organizing instruction - ability to prepare teacher-made
instructional materials for clinical laboratory experience;
c. Instructional execution - ability to use techniques for
simulating patient care and demonstrating manipulative skills;
d. Application of technology in the classroom; and
e. Instructional evaluation - ability to determine grades
for students in classroom and clinical settings.
2. Knowledge of program management.
a. Planning - ability to organize an occupational advisory
committee;
b. Curriculum development - ability to keep informed of
current curriculum content and patient care practices;
c. Planning and organizing teaching and occupational
laboratory for laboratory simulations and demonstrations;
d. Understanding of the process for issuing credentials for
health workers;
e. Understanding of the health care industry; and
f. Evaluation - ability to conduct a student follow-up
study.
3. Knowledge and skills necessary to teach leadership
skills, organize and manage an effective co-curricular student organization,
and implement the organization's activities as an integral part of instruction.
4. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
5. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
6. Demonstrate and integrate workplace readiness skills in
the classroom and real-world activities.
7. Ability to plan, deliver, evaluate, and manage
work-based learning methods of instruction such as internship, job shadowing,
cooperative education, mentorship, service learning, clinical, and youth
apprenticeship.
8VAC20-543-210. Career and technical education – marketing
education.
The program in marketing shall ensure that the candidate
has demonstrated the following competencies:
1. Knowledge of marketing processes and the environment;
management and supervision; economics; merchandising and operations;
advertising and promotion; sales and selling; communication theory and
techniques; consumer behavior; international (global) marketing; finance;
accounting or marketing mathematics; and technology applications through a
variety of educational and work experiences;
2. Knowledge of skills and principles common across the
marketing pathways: channel management; marketing-information management;
market planning; pricing; product and service management promotion; and
selling;
3. Ability to plan, develop, and administer a comprehensive
marketing program for high school students and adults;
4. Ability to organize and use a variety of instructional
methods and techniques for teaching youths and adults;
5. Ability to conduct learning programs that include a
variety of career objectives and recognize and respond to individual
differences in students;
6. Ability to assist learners of different abilities in
developing skills needed to qualify for further education and employment;
7. Knowledge of occupational skill development and career
planning for opportunities in marketing, merchandising, hospitality, and
management;
8. Knowledge and skills necessary to teach leadership
skills, organize and manage an effective co-curricular student organization
(DECA) and implement the organization's activities as an integral part of
instruction;
9. Application of and proficiency in grammar, usage, and
mechanics and their integration in writing;
10. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes;
11. Application of and proficiency in instructional
technology and current technological applications as these relate to marketing
functions;
12. Demonstration and integration of workplace readiness
skills in the classroom and real-world activities;
13. Ability to plan, deliver, and manage work-based
learning methods of instruction, such as: internship, job shadowing,
cooperative education, mentorship, service learning, clinical, and youth
apprenticeship; and
14. Ability to apply mathematical operations to solve
marketing problems.
8VAC20-543-220. Career and technical education – technology
education.
The program in technology education shall ensure that the
candidate has demonstrated the following competencies:
1. Understanding the nature of technology, including
knowledge of the:
a. Characteristics and scope of technology;
b. Core concepts of physical, biological, and informational
technologies; and
c. Relationships among technologies, including the natural
intersects between science, technology, engineering, and mathematics (STEM) and
other fields.
2. Understanding the relationships between technology and
society, including the:
a. Sociocultural, political, and economic influences of
technology;
b. Local and global effects of technological products and
systems on the environment; and
c. Role that society plays in the use and development of
technology; and
d. Influence of technology on human history.
3. Comprehension and utilization of engineering design,
including the:
a. Attributes of technological design;
b. Role of constraints, optimization, and predictive
analysis in engineering design;
c. Requirement of problem-solving, critical thinking, and
technical writing skills; and
d. Intentional integration of mathematics and science
concepts and practices.
4. Ability to succeed in a technological world, including a
capacity to:
a. Employ the design process in the engineering of
technological products and systems;
b. Determine and control the behavior of technological
products and systems;
c. Use and maintain technological products and systems; and
d. Assess the impacts and consequences of technological
products and systems.
5. Ability to select and use the major physical,
biological, and informational technologies of the designed world, including
the:
a. Principles and processes characteristic of contemporary
and emerging transportation, manufacturing, and construction technologies,
inclusive of research, engineering design and testing, planning, organization,
resources, and modes of distribution;
b. Range of enabling technologies that utilize fundamental
biological principles and cellular processes characteristic of traditional and
modern biotechnical technologies, including research, design-based engineering
and testing of agricultural products, biotechnical systems, and associated
medical technologies;
c. Purpose, processes, and resources involved with
creating, encoding, transmitting, receiving, decoding, storage, retrieval, and
understanding of information data using communication systems in a global
information society; and
d. Concept, laws, forms, and characteristics of energy as a
fundamental requirement of the technological world, inclusive of the resultant
power and work requisites, both renewable and nonrenewable, of the tools,
machines, products, and systems within.
6. Knowledge, skills, and processes required for teaching
in a STEM laboratory environment, including:
a. Laboratory safety rules, regulations, processes, and
procedures;
b. Ability to organize content and practices into effective
instructional units;
c. Ability to deliver instruction to diverse learners;
d. Ability to evaluate student achievement, curriculum
materials, instructional strategies, and teaching practices;
e. Ability to incorporate new and emerging instructional
technologies to enhance student performance across the varied domains of
knowledge - cognitive, affective, and psychomotor; and
f. Ability to convey the concepts and procedures for
developing a learner's technological literacy specifically and integrative STEM
literacy in general.
7. Demonstration of the knowledge, abilities, and capacity
necessary to teach leadership skills, organize and manage an effective
co-curricular student organization, and implement the organization's activities
as an integral part of instruction.
8. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in formal technical writing.
9. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
10. Demonstrate and integrate workplace readiness skills in
the classroom and real-world activities.
11. Ability to plan, deliver, evaluate, and manage
work-based learning methods of instruction such as internship, job shadowing,
cooperative education, mentorship, service learning, clinical, and youth
apprenticeship.
8VAC20-543-230. Career and technical education – trade and
industrial education.
The program in trade and industrial education shall ensure
that the candidate has demonstrated the following competencies:
1. Understanding of industrial education and its role in
the development of technically competent, socially responsible, and culturally
sensitive individuals with potential for leadership in skilled technical work
and professional studies;
2. Understanding of and the ability to relate experiences
designed to develop skills in the interpretation and implementation of
industrial education philosophy in accordance with changing demand;
3. The knowledge and experience of systematically planning,
executing, and evaluating individual and group instruction;
4. Knowledge of the competencies necessary for effective
organization and management of laboratory instruction;
5. Knowledge of the competencies necessary for making
physical, social, and emotional adjustments in multicultural student-teacher
relationships;
6. Knowledge of the competencies necessary for developing
and utilizing systematic methods and instruments for appraising and recording
student progress in the career and technical educational classroom;
7. Knowledge of the ability to provide technical work
experience through cooperative education or provide a method of evaluating
previous occupational experience commensurate with the minimum required
standard;
8. Knowledge of the competencies and industry credentials
necessary to assist students in job placement and in otherwise bridging the gap
between education and work;
9. Understanding of the awareness of the human relations
factor in industry, with emphasis on the area of cooperation among labor,
management, and the schools;
10. Knowledge of the teacher's role in the school and
community;
11. Understanding of the content, skills, and techniques
necessary to teach a particular trade area;
12. Knowledge of the competencies necessary to organize and
manage an effective student organization;
13. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing;
14. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes;
15. Demonstration and integration of work place readiness
skills in the classroom and real-world activities; and
16. Understanding of the planning, delivery, and management
of work-based learning methods of instruction such as internship, job
shadowing, cooperative education, mentorship, service learning, clinical, and
youth apprenticeship.
8VAC20-543-240. Career and technical education – transition
and special needs (add-on endorsement).
The transition and special needs (add-on endorsement)
shall ensure that the candidate holds an active license with a teaching
endorsement or endorsements issued by the Virginia Board of Education and has
demonstrated the following competencies:
1. Knowledge of special needs and transition programs and
services, characteristics of students who are disadvantaged, disabled, gifted,
and individuals with barriers to educational achievement and employment,
including individuals with limited English proficiency.
2. Knowledge of program development, implementation, and
evaluation.
3. Basic understanding of cultural issues pertaining to
employment and postsecondary education and training.
4. Understanding of the federal and state laws and
regulations pertaining to special education, rehabilitation, and the American
with Disabilities Act (42 USC § 12101 et seq.).
5. Understanding and demonstration of the integration of
instructional methods, resources, and transition programs for targeted
populations in career and technical education, including:
a. Use of learning and teaching styles to plan and deliver
differentiated instruction and differentiated assessment;
b. Knowledge of age appropriate assessments;
c. Use of assessment results to plan individual instruction
strategies and assist with long-range and short-term planning;
d. Understanding of required skills that demonstrate
college and career readiness;
e. Ability to plan and manage a competency-based education
system;
f. Ability to adapt and modify curriculum materials and
utilize Universal Design for Learning Principles to meet special student needs;
g. Use of a variety of classroom and behavior management
techniques to develop an enhanced learning environment, behavior change
techniques, and individual and group instruction;
h. Use of different processes to improve collaboration and
develop partnerships with colleagues, parents, and the community to include
service agencies and businesses; and
i. Ability to plan learning experiences that prepare
individuals for transition to more advanced education and career development
options.
6. Ability to develop, plan, deliver, and manage work-based
learning methods of instruction such as community-based instruction,
internship, job shadowing, cooperative education, mentorship, service learning,
clinical, and youth apprenticeship.
7. Understanding and application of strategies for enabling
students to learn all aspects of particular industries - planning, management,
finances, technical and production skills, labor and community issues, health
and safety, environmental issues, and the technology associated with the
specific industry.
8. Ability to articulate career and life planning
procedures, transitioning processes and procedures, and career-search
techniques.
9. Application of and proficiency in grammar, usage, and
mechanics and their integration in writing.
10. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
11. Ability to use a variety of technologies to deliver
instruction and media to students, parents, teachers, and community partners.
12. Demonstration and integration of workplace readiness
skills in the classroom and real-world activities.
13. Demonstrate person-centered planning skills.
8VAC20-543-250. Computer science.
The program in computer science shall ensure that the
candidate has demonstrated the following competencies:
1. Understanding of mathematical principles that are the
basis of many computer applications;
2. Knowledge of the functions, capabilities, and
limitations of computers and computer systems;
3. Knowledge of the ethical, moral, and legal issues
associated with applications in programming and computer science;
4. Knowledge of programming in at least two widely used
programming languages, including definition, structure, and comparison;
5. Knowledge of programming languages including definition,
design, comparison, and evaluation;
6. Knowledge of computers and computer systems and their applications;
7. Knowledge of data structures and algorithms;
8. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing; and
9. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-260. Dance arts preK-12.
The program in dance arts shall ensure that the candidate
has demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes of
the dance arts discipline as defined in the Virginia Standards of Learning and
how they provide a foundation needed to teach dance arts.
2. Understanding of the knowledge, skills, and processes
for teaching dance arts to meet the developmental levels and academic needs of
students in preK-12, including the following:
a. Knowledge of and experience in planning, developing,
administering, and evaluating a program of dance arts education;
b. Knowledge and understanding for teaching dance arts,
including performance, creation, and production; dance history and cultural
context; analysis, evaluation, and critique; and aesthetics;
c. Ballet, folk, jazz, and modern dance with an area of
concentration in one of these areas;
d. Scientific foundations, including human anatomy,
kinesiology, and injury prevention and care for dance arts;
e. The relationship of dance arts and culture and the
influence of dance on past and present cultures;
f. Knowledge and understanding of technological and
artistic copyright laws;
g. Knowledge and understanding of classroom management and
safety, including performance and studio;
h. Knowledge of a variety of instructional and assessment
strategies to foster, support, and enhance student dance arts learning;
i. Knowledge and understanding of technology, with
applications for instruction, resources, artistic expression, administration,
assessment, and communication;
j. Knowledge and understanding of appropriate and sensitive
attention to diversity and cultural understanding;
k. Knowledge of related areas of the fine arts, such as
music, theatre arts, and the visual arts; and
l. Observation and student teaching experiences at the
elementary, middle, and secondary levels.
3. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
4. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-270. Driver education (add-on endorsement).
The program in driver education shall ensure that the
candidate holds an active license with a teaching endorsement or endorsements
issued by the Virginia Board of Education and has demonstrated the following
competencies:
1. Basic understanding of the administration of a driver
education program as required by § 22.1-205 of the Code of Virginia and
the Administrative Guide for Driver Education in Virginia 2010 (http://www.doe.virginia.gov/instruction/driver_education/curriculum_admin_guide/index.shtml)
including:
a. Coordination and scheduling of classroom and in-car
instruction;
b. The Board of Education and the Department of Motor
Vehicle's regulations governing driver education programs;
c. Student safety and other legal liability issues;
d. The juvenile licensing process;
e. Highway traffic safety and the driver licensing laws in
the Code of Virginia;
f. Vehicle procurement maintenance and safety equipment
requirements;
g. The Department of Education's and the Department of
Motor Vehicle's juvenile licensing forms;
h. Monitoring and oversight procedures that ensure the
approved program meets state curriculum objectives, goals, and learning
outcomes; the classroom and in-car hour requirements; and teachers have valid
Virginia driver's licenses, acceptable driving records, and meet teacher
licensure and/or in-car instructor training requirements;
i. Promoting parent involvement;
j. Providing opportunities for ongoing professional
development; and
k. Integrating classroom and in-car instruction when possible
to maximize transfer of skills.
2. Understanding of knowledge, skills, and processes of
classroom driver education instruction including:
a. Traffic laws, signs, signals, pavement markings, and
right-of-way rules;
b. Licensing procedures and other legal responsibilities
associated with the driving privilege and vehicle ownership;
c. The effect of speed and steering on vehicle balance and
control;
d. Communicating and interacting with other highway users
(pedestrians, animals, motorcycles, bicycles, trucks, buses, trains, trailers,
motor homes, ATVs, and other recreational users) in a positive manner;
e. Managing of time, space, and visibility, and using
perceptual skills in the risk management process;
f. Alcohol and other drug use;
g. Passive protective devices and active restraint systems;
h. Vehicle controls, vehicle maintenance, vehicle
functions, and vehicle malfunctions;
i. Consequences of aggressive driving, road rage, fatigue,
distracted driving, and other physical, social, and psychological influences
that affect the driver;
j. Natural laws and environmental factors that influence
the decision-making process;
k. Adverse driving conditions and handling emergencies;
l. Planning a safe trip;
m. Differentiating instruction based on a continuous learning
cycle;
n. Using assessments that foster student learning to inform
decisions about instruction; and
o. Using new and emerging instructional technology and
media effectively to enhance learning.
3. Understanding of knowledge, skills, and processes of the
laboratory phase of instruction including:
a. Simulation and other instructional technologies;
b. Multiple-car range;
c. Route planning and preparing for sequential
instructional performances that lead to effective habit formation;
d. Providing clear, concise instructions when describing
the critical elements of a driving skill;
e. Correctly using occupant restraints and protective
devices;
f. The role of the driver and the observer;
g. Using commentary driving to determine visual search
skills needed to identify and make risk-reducing decisions for safe speed and
position;
h. Using reference points to gauge vehicle position and
execute maneuvers with precision;
i. Selecting vehicle position to communicate or establish
line of sight to targets;
j. Balancing vehicle movement through precise and timely
steering, braking, and accelerating to manage vehicle weight transfer;
k. Applying visual search skills to manage risks in low,
moderate, and high-risk driving environments;
l. Adjusting speed and space to communicate and reduce
risks to avoid conflicts;
m. Preventing, detecting, and managing vehicle traction
loss in simulated and adverse driving conditions;
n. Using vehicle braking, traction, and stability
technologies;
o. Recognizing environmental factors that influence vehicle
control;
p. Applying space management strategies to the front and
sides and monitoring space to the rear;
q. Understanding the consequences of speed selection;
r. Dividing mental attention between intended path of
travel and other tasks;
s. Demonstrating basic and evasive maneuvers and off-road
recovery;
t. Recognizing understeer and oversteer, and the effects of
traction, gravity, inertia and momentum on vehicle handling and control;
u. Controlling vehicle from instructor's seat;
v. Interacting with other roadway users in a positive
manner;
w. Using manual transmission;
x. Developing precision in the use of skills, processes,
and habits for approach to intersection, curves, turns, parking, turnabouts,
backing, lane change, passing and being passed, getting on and off highways,
and responding to emergencies;
y. Administering the driver's license road skills test and
issuing the six-month temporary provisional license; and
z. Completing a debriefing with a parent or guardian that
includes a reminder that the parent must ultimately determine readiness for a
driver's license.
4. Guiding parents to provide meaningful guided practice
including:
a. Understanding the juvenile licensing laws and the
parents' role in the juvenile licensing process;
b. Determining the readiness of the child to begin learning
how to drive in a car;
c. Planning and supervising the learner's permit
experience;
d. Keeping a record of the meaningful supervised driving
hours; and
e. Adopting a written agreement with the child that
reflects expectations, defines rules and consequences, and allows the parents
to progressively grant broader driving privileges.
5. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
6. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-280. Engineering.
The program in engineering shall ensure that the candidate
demonstrates the following competencies:
1. Understanding of the knowledge, skills, and processes of
the engineering discipline as defined in Virginia's high school engineering
courses and how these provide a sound foundation for teaching engineering.
2. Understanding the nature of engineering design and
analysis, including the:
a. Function of the engineering design process;
b. Methods used by engineers to generate, develop, and test
ideas to meet design requirements;
c. Role of failure in the engineering design process.
3. Understanding of the knowledge, skills, and processes
for teaching engineering, including the ability to:
a. Formulate instruction reflecting the goals of the
engineering courses that are taught in Virginia high schools;
b. Design, prototype, test, analyze, and operate solutions
to engineering challenges;
c. Implement laboratory and field safety rules and
procedures and ensure that students take appropriate safety precautions;
d. Organize key engineering content and skills into
meaningful units of instruction;
e. Adapt instruction to diverse learners using a variety of
techniques;
f. Evaluate student achievement, instructional materials,
and teaching materials; and
g. Incorporate instructional technology to enhance student
performance.
4. Understanding of content, processes, and skills of
engineering, equivalent to an undergraduate degree in engineering, with course
work in principles of engineering, engineering design, statics and dynamics,
circuits, fluid mechanics, thermodynamics, materials, ordinary differential
equations, and linear algebra.
5. Understanding of basic chemistry, biology, Earth and space
sciences, physics, and mathematics, including statistics and calculus, to
ensure:
a. The placement of engineering in an appropriate science,
technology, engineering, and mathematics (STEM) and interdisciplinary context;
b. The ability to teach the processes and organizing
concepts of the natural and physical sciences to analyze successful and failed
engineering designs; and
c. Student achievement in engineering.
6. Understanding of the contributions and significance of
engineering, including:
a. Its social and cultural significance;
b. The relationship of engineering and its sub-fields
(e.g., electrical engineering, mechanical engineering, bio-engineering, etc.)
to the sciences, mathematics and technology; and
c. The historical development of engineering concepts and
reasoning.
7. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing, oral, and multi-media
presentations.
8. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-290. English.
The program in English shall ensure that the candidate has
demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes of
English as defined in the Virginia Standards of Learning;
2. Skills necessary to teach the writing process and the
different modes of writing (narrative, descriptive, expository, persuasive, and
analytical) and to employ available technology;
3. Knowledge of grammar, usage, and mechanics and their
integration in writing;
4. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes;
5. Understanding of the nature and development of language
including vocabulary appropriate to the topic, audience, and purpose;
6. Knowledge of reading strategies and techniques used to
enhance reading comprehension skills in both fiction and nonfiction texts;
7. Knowledge of communication skills including speaking and
listening skills and media literacy;
8. Knowledge of varied fiction and nonfiction from young
adult, British, American, world, and ethnic and minority texts appropriate for
English instruction;
9. The ability to provide experiences in communication
arts, such as journalism, dramatics, debate, forensics, radio, television, films,
and other media production;
10. Skills necessary to teach the analysis and production
of media literacy;
11. Skills necessary to teach research including ethical
accessing, evaluating, organizing, crediting, and synthesizing information; and
12. Knowledge of the Computer Technology Standards of
Learning and their integration into English Language Arts.
8VAC20-543-300. English as a second language preK-12.
The program in English as a second language shall ensure
that the candidate has demonstrated the following competencies:
1. Skills in methods of teaching English as a second
language to include the understanding of the World-Class Instructional and
Design Assessment (WIDA) English Language Development (ELD) Standards;
2. Skills in student assessment for English as a second
language to include the Assessing Comprehension and Communication in English
State-to-State for English Language Learners (Access for ELLs®) test;
3. Skills in the teaching of reading and writing to include
(i) the five areas of reading instruction: phonemic awareness, phonics,
fluency, vocabulary and text comprehension; (ii) similarities and differences
between reading in a first language and reading in a second language; and (iii)
a balanced literacy approach;
4. Knowledge of the effects of sociocultural variables in
the instructional setting;
5. Proficiency in spoken and written English;
6. Understanding of second language acquisition;
7. Knowledge of another language and its structure;
8. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing;
9. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes; and
10. Knowledge of English linguistics.
8VAC20-543-310. Foreign language preK-12.
A. The specific language of the endorsement shall be noted
on the license.
B. Foreign language preK-12 - languages other than Latin. The
program in the foreign language shall ensure that the candidate has:
1. Demonstrated the following competencies:
a. Understanding of authentic speech at a normal tempo;
b. Ability to speak with a command of vocabulary,
pronunciation, and syntax adequate for expressing thoughts to a native speaker
not used to dealing with foreigners;
c. Ability to read and comprehend authentic texts of
average difficulty and of mature content;
d. Ability to write a variety of texts including
description and narration with clarity and correctness in vocabulary and
syntax;
e. Knowledge of geography, history, social structure, and
artistic and literary contributions of the target societies;
f. Ability to interpret contemporary lifestyles, customs,
and cultural patterns of the target societies;
g. Understanding of the application of basic concepts of
phonology, syntax, and morphology to the teaching of the foreign language;
h. Knowledge of the national standards for foreign language
learning, current proficiency-based and performance-based objectives of the
teaching of foreign languages at the elementary and secondary levels,
elementary and secondary methods and techniques for attaining these objectives,
the use of technology and media in teaching languages, current curricular developments,
the relationship of language study to other areas of the curriculum, and the
professional literature of foreign language teaching;
i. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing;
j. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes;
k. Knowledge of the assessment of foreign language skills
in listening, speaking, reading, and writing, and the differing types of
assessments and their uses, including portfolio-based assessments, integrated
performance assessments, and oral proficiency interviews; and
l. Knowledge of the characteristics of effective foreign
language teaching, including the standards and key elements related to foreign
language teaching as outlined in the Virginia Standards for the Professional
Practice of Teachers.
2. Participated in opportunities for significant foreign
language study or living experiences in this country or abroad, or both.
C. Foreign language preK-12 - Latin. The program in Latin
shall ensure that the candidate has demonstrated the following competencies:
1. Ability to read and comprehend Latin in the original;
2. Ability to pronounce Latin with consistent classical, or
ecclesiastical, pronunciation;
3. Knowledge of the vocabulary, phonetics, morphology, and
syntax of Latin and the etymological impact of Latin;
4. Ability to discuss the culture and civilization of
Greco-Roman society, including history, daily life, art, architecture, and
geography;
5. Ability to explain the relationship of Greco-Roman
culture and civilization to subsequent cultures and civilizations;
6. Knowledge of major literary masterpieces and their
relationship to the historical and social context of the society;
7. Competency in current methodologies for teaching Latin
at the elementary and secondary levels; lesson planning; scope and sequencing
of material; instructional strategies and assessment under the guidance of an
experienced Latin teacher;
8. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing;
9. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes; and
10. Knowledge of the characteristics of effective foreign
language teaching, including the standards and key elements related to foreign
language teaching as outlined in the Virginia Standards for the Professional
Practice of Teachers.
D. Foreign language preK-12 - American Sign Language. The
program in American Sign Language shall ensure that the candidate has:
1. Demonstrated the following competencies:
a. Understanding of native users of American Sign Language
at a normal tempo;
b. Ability to sign with a command of vocabulary, nominal
behaviors, and syntax adequate for expressing thoughts to an American Sign
Language user not accustomed to dealing with individuals who do not use
American Sign Language;
c. Knowledge of history, social structure, and artistic and
literary contributions of the deaf culture;
d. Ability to interpret contemporary lifestyles, customs,
and cultural patterns of the deaf culture;
e. Understanding of the application of basic concepts of
phonology (e.g., hand shapes, location, palm orientation, and sign movements),
syntax, and morphology to the teaching of the American Sign Language;
f. Knowledge of the national standards for foreign language
learning, current proficiency-based and performance-based objectives of the
teaching of foreign languages at the elementary and secondary levels,
elementary and secondary methods and techniques for attaining these objectives,
the assessment of foreign language skills, the use of technology and media in
teaching languages, current curricular developments, the relationship of
language study to other areas of the curriculum, and the professional
literature of foreign language teaching;
g. Understanding of and proficiency in English grammar,
usage, and mechanics and their integration in writing;
h. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes; and
i. Knowledge of the characteristics of effective foreign
language teaching, including the standards and key elements related to foreign
language teaching as outlined in the Virginia Standards for the Professional
Practice of Teachers.
2. Participated in opportunities for significant study of
the linguistics of American Sign Language and immersion experiences in the deaf
culture.
8VAC20-543-320. Gifted education (add-on endorsement).
The program in gifted education shall ensure that the
candidate holds an active license with a teaching endorsement or endorsements
issued by the Virginia Board of Education and has demonstrated the following
competencies:
1. Understanding of principles of the integration of gifted
education and general education, including:
a. Strategies to facilitate the interaction of gifted
students with students of similar and differing intellectual and academic
abilities;
b. Development of activities to encourage parental and
community involvement in the education of the gifted;
c. Strategies to encourage collaboration among professional
colleagues, especially in the areas of curriculum and professional development;
and
d. Strategies to collaborate and consult with general
education teachers and other resource specialists on behalf of gifted students.
2. Understanding of the characteristics of gifted students,
including:
a. Varied expressions of advanced aptitudes, skills,
creativity, and conceptual understandings;
b. Varied expressions of the affective (social-emotional)
needs of gifted students; and
c. Gifted behaviors in special populations (i.e., those who
are culturally and linguistically diverse, economically disadvantaged, highly
gifted, or have special needs or disabilities, including twice-exceptional
students).
3. Understanding of specific techniques to identify gifted
students using diagnostic and prescriptive approaches to assessment, including:
a. The selection, use, and interpretation of multiple
standardized, norm-referenced aptitude and achievement assessment instruments;
b. The selection, use, and evaluation of multiple
identification criteria and strategies;
c. The use of both formal and informal nonbiased measures
to provide relevant information regarding the aptitude and ability or
achievement of potentially gifted students;
d. The use of authentic assessment tools such as portfolios
to determine performance, motivation, interest, and other characteristics of
potentially gifted students;
e. The use and interpretation of reliable rating scales,
checklists, and questionnaires by parents, teachers, and others;
f. The evaluation of data collected from student records
such as grades, honors, and awards;
g. The use of case study reports providing information
concerning exceptional conditions; and
h. The roles and responsibilities of the identification and
placement committee.
4. Understanding and application of a variety of curricular
and instructional models, methodologies, and strategies that ensure:
a. The use of the Virginia Standards of Learning as a
foundation to develop a high level of proficiency, academic rigor, and
complexity for gifted learners in all curricular academic areas;
b. The acquisition of knowledge and development of products
that demonstrate creative and critical thinking as applied to student learning
both in and out of the classroom, including inquiry-based instruction,
questioning strategies, and problem-solving skills;
c. The development of learning environments that guide
students to become self-directed, reflective, independent learners;
d. The acquisition of tools to enable students to
contribute to a multicultural, diverse society, including preparation for
college and careers; and
e. The development of learning environments that recognize
and support the affective needs of the gifted students.
5. Understanding and application of theories and principles
of appropriately differentiating curriculum specifically designed to
accommodate the accelerated learning aptitudes of gifted students, including:
a. Accelerated and enrichment opportunities that recognize
gifted students' needs for advanced content and pacing of instruction, original
research or production, problem-finding and problem-solving, higher level
thinking that leads to the generation of products, and a focus on issues,
themes, and ideas integrated within and across disciplines;
b. Opportunities for students to explore, develop, and
research their areas of interest, talent, or strength using varied modes of
expression;
c. Emphasis on advanced and complex content that is paced
and sequenced to respond to gifted students' persistent intellectual, artistic,
or technical curiosity; exceptional problem-solving abilities; rapid
acquisition and mastery of information; conceptual thinking processes; and
imaginative expression across a broad range of disciplines;
d. Evaluation of student academic growth and learner
outcomes through appropriate multiple criteria, including a variety of
pre-assessments and post-assessments; and
e. Use of current and advanced technologies to enhance
student performance and academic growth.
6. Understanding of contemporary issues and research in
gifted education, including:
a. The systematic gathering, analyzing, and reporting of
formative and summative data from local, state, and national perspectives; and
b. Current local, state, and national policies, trends, and
issues.
7. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in all forms of communication.
8. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
9. The program shall include a practicum that shall include
a minimum of 45 instructional hours of successful teaching experiences with
gifted students.
8VAC20-543-330. Health and physical education preK-12.
The program in health and physical education preK-12 shall
ensure that the candidate has demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes of
health and physical education as defined in the Virginia Standards of Learning.
2. Understanding basic human anatomy, physiology, and
kinesiology needed to apply discipline-specific biomechanical concepts critical
to the development of physically educated individuals.
3. Understanding of the basic scientific principles of
human movement as they apply to:
a. Health-related fitness (flexibility, muscular strength
and endurance, cardio respiratory endurance, and body composition);
b. Skill-related fitness (coordination, agility, power,
balance, speed, and reaction time); and
c. Analyzing and correcting critical elements of motor
skills and performance concepts related to skillful movement and fitness.
4. Basic understanding of the administration and planning
for a health and physical education program, including:
a. Differentiated instruction based on a continuous
learning cycle;
b. Student safety, classroom management, injury prevention,
and liability issues;
c. Standards-based curriculum and assessments that foster
student learning and inform decisions about instruction;
d. The role of coordinated school and community health.
e. Utilizing school health advisory boards, local health
departments, and other representative stakeholders for support for best
practice; and
f. Increasing physical activity behaviors before, during,
and after school.
5. Understanding of the essential health knowledge, skills,
and processes for teaching developmentally and culturally appropriate health
education content standards, including:
a. Health promotion and chronic disease prevention;
b. Mental, social, and emotional health;
c. Nutrition, body image, eating disorders, energy balance,
and weight management;
d. Tobacco, alcohol, and other drug use prevention;
e. Safety and emergency care (first aid, CPR, AED,
universal precautions);
f. Injury and violence prevention;
g. Consumer health and information access;
h. Communicable and noncommunicable diseases prevention and
treatment;
i. Environmental health;
j. Personal, family, and community health;
k. Bullying prevention, resistance skills, and conflict
mediation; and
l. Theories and models of behavior change and goal-setting.
6. Understanding of the knowledge, skills, and processes
for teaching physical education, including:
a. Articulated, sequential preK-12 instruction in a variety
of movement forms that include:
(1) Functional fitness;
(2) Developmentally appropriate movement skills; and
(3) Movement principles and concepts.
b. Activities that meet the needs of the diverse learner;
c. Design learning activities to help students understand,
develop, value and achieve personal fitness;
d. Knowledge of human growth, development, and motor
learning;
e. The relationship between a physically active lifestyle
and health;
f. Knowledge of the cognitive, social, and emotional
development through physical activity;
g. Incorporate strategies that promote effective physical
activity learning environments;
h. Use of authentic, traditional, psychomotor, and fitness
assessment methods;
i. The cultural significance of dance, leisure,
competition, and sportsmanship; and
j. Demonstrate personal competence in motor skill
performance for a variety of movement patterns, modeling healthy behaviors, and
maintaining health-enhancing level of fitness.
7. Understanding of and ability to design developmentally
appropriate curriculum, instruction, and performance-based assessment that is
aligned with the Virginia Standards of Learning for Health and Physical
Education:
a. Develop a developmentally appropriate scope and sequence
plan of essential health and physical education concepts, information, and
skills based on the Virginia Standards of Learning;
b. Use the scope and sequence plan to develop performance
indicators that describe the essential concepts and skills;
c. Use new and emerging instructional technology and media
effectively to enhance learning;
d. Use research-based educational strategies to meet
diverse learning styles and needs;
e. Adapt and create strategies best suited for delivering
instruction in diverse settings;
f. Employ individual and cooperative group learning
strategies;
g. Connect instruction to prior student learning, and to
other curricular areas; and
h. Use evaluation to plan a continuous cycle of learning
strategies that reinforce mastery of performance indicators.
8. Obtaining, analyzing and applying health-related and
fitness-related data to meet the cultural, social, growth, and development
needs of the students and community:
a. Select valid and current sources of information and
data;
b. Use computerized sources of information and appropriate
data-gathering instruments; and
c. Analyze and interpret data and determine priority areas
of focused instruction.
9. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
10. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-340. 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 philosophical origins in
the Enlightenment through the debates of 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 (the Declaration of American
Independence; the general principles of the Constitution of the United States;
the Virginia Statute of Religious Freedom; the charters of The Virginia Company
of April 10, 1606, May 23, 1609, and March 12, 1612; and the Virginia
Declaration of Rights); Articles of Confederation; 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, cultural, 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 cultural
diversity and national unity; and
(7) The difference between a democracy and a republic and
other types of economic and political systems.
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, cultural, and economic
innovations of selected civilizations in Africa, Asia, Europe, and the
Americas;
(5) The 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 and political revolution of the 17th and 18th centuries;
(7) The sources, results, and influences of the American,
French, and Latin American revolutions;
(8) The social and economic consequences of the Industrial
Revolution and its impact on politics, culture, and the lives of everyday
people;
(9) The influence of global ideologies of the 19th and 20th
centuries (liberalism, republicanism, social democracy, Marxism, nationalism,
Communism, Fascism, Nazism, and post-colonialism);
(10) The origins, effects, aftermath, and significance of
the two world wars, the Korean and Vietnam conflicts, and the post-Cold War
era; and
(11) The development of globalization and the growing
interdependence and inter-relationship among countries and cultures in the
world.
c. Civics, government, and economics.
(1) The essential characteristics of 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) Principles of the American constitutional republic;
(7) The idea of federalism and states' rights;
(8) The structures, functions, and powers of local and
state government;
(9) Importance of citizen participation in the political
process in local and state government;
(10) Local government and civics instruction specific to
Virginia;
(11) The structures, functions, and powers of the national
government;
(12) The role of the United States government in foreign policy
and national security;
(13) The structure of the federal judiciary;
(14) The structure and function of the United States market
economy as compared with other economies;
(15) Knowledge of the impact of the government role in the
economy and individual economic and political freedoms;
(16) Knowledge of economic systems in the areas of
productivity and key economic indicators;
(17) The analysis of global economic trends; and
(18) Knowledge of international organizations, both
political and economic, such as the United Nations, International Court in the
Hague, and the International Monetary Fund.
d. Geography.
(1) Relationship between human activity and the physical
environment, the ways in which geography governs human activity, and the
effects of human activity on geographic features;
(2) Use of maps and other geographic representations,
tools, and technologies to acquire, process, and report information;
(3) Physical and human characteristics of places;
(4) Physical processes that shape the surface of the earth;
(5) Characteristics, distribution, and migration of human
populations;
(6) Patterns and networks of economic interdependence;
(7) Processes, patterns, and functions of human settlement;
(8) How the forces of conflict and cooperation influence
the division and control of the earth's surface;
(9) Changes that occur in the meaning, use, distribution,
and importance of resources;
(10) Applying geography to interpret the past and the
present and to plan for the future; and
(11) Impact of geospatial technologies on the study of
geography, physical and human.
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 and groups 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; and
i. The importance of primary documents and the potential
problems with second-hand accounts.
3. Understanding of the use of the content and processes of
history and social sciences instruction, including:
a. Fluency in historical thinking and geographic analysis
skills;
b. Skill in debate, discussion, and persuasive writing;
c. The ability to organize key social science content into
meaningful units of instruction based on historical thinking skills;
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;
f. The ability to incorporate appropriate technologies into
social science instruction; and
g. The development of digital literacy skills while
recognizing the influence of the media.
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 proficient 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; and
c. Student achievement in the social sciences.
5. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing and communications.
6. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
7. Skills necessary to teach research including use of
primary and secondary sources, ethical accessing, evaluating, organizing,
crediting, and synthesizing information.
8VAC20-543-350. Journalism (add-on endorsement).
The program in journalism (add-on endorsement) shall
ensure that the candidate holds an active license with a teaching endorsement
or endorsements issued by the Virginia Board of Education and has demonstrated
the following competencies:
1. Understanding the history and functions of journalism in
American culture including the value of freedom of speech and of the press and
the complexity of legal and ethical issues;
2. Understanding press law and ethics as it applies to
scholastic media, including First Amendment-related rights and
responsibilities;
3. Understanding of and experience in theory and practice
of both print and nonprint media including design and layout production and the
use of technology;
4. Possession of skills in teaching journalistic writing,
interviewing, and editing for a variety of purposes, audiences, and formats;
5. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing and communications;
6. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes; and
7. Skills to lead student media and production, including
an understanding of fiscal responsibility, conflict resolution, and time
management.
8VAC20-543-360. Keyboarding (add-on endorsement).
The program in keyboarding (add-on endorsement) shall
ensure that the candidate holds an active license with a teaching endorsement
or endorsements issued by the Virginia Board of Education and has demonstrated
the following competencies:
1. Possession of skills in fingering and keyboard
manipulation techniques to model and provide touch keyboarding instruction;
2. Ability to provide instruction that allows students to
develop touch fingering techniques in a kinesthetic response to the keyboard
required for rapid, accurate entry of data and information;
3. Ability to provide instruction for current procedures in
formatting documents;
4. Ability to provide instruction that allows students to
develop proper keyboarding techniques based on ergonomics research to minimize
future repetitive strain injuries;
5. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing and communications; and
6. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-370. Library media preK-12.
The program in library media preK-12 shall ensure that the
candidate has demonstrated the following competencies:
1. Proficiency in teaching for learning, including
knowledge of learners and learning; effective and knowledgeable teaching;
collaborative instructional partners; integration of 21st century skills,
learning standards, and technologies; assessment of and for student learning;
and the design and implementation of instruction that engages students'
interests and develops their ability to inquire, think critically, and gain and
share knowledge.
2. Proficiency in literacy and reading, including
familiarity with children's, young adult, and professional literature in
multiple formats; use of a variety of strategies to promote reading for
enjoyment and information; collection development to support diverse learning
needs; and collaboration to reinforce reading instructional strategies.
3. Proficiency in information and knowledge, including
efficient and ethical information-seeking behavior, ethical and equitable
access to information, design and delivery of authentic learning through
current and emerging technology, and the use of evidence-based action research
to create and share knowledge.
4. Proficiency in advocacy and leadership, including
networking with the library community, commitment to professional development,
leadership in articulating the role of the school library program in the
educational community and in student learning, and advocacy for school library
programs, resources, and services.
5. Proficiency in program management and administration,
including planning, developing, implementing, and evaluating library programs,
collections, and facilities; personnel; funding; organization of materials;
professional ethics; and strategic planning and program assessment.
6. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing in multiple formats.
7. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-380. Mathematics.
The program in mathematics shall ensure that the candidate
has demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes of
the Virginia Mathematics Standards of Learning and how curriculum may be
organized to teach these standards to diverse learners;
2. Understanding of a core knowledge base of concepts and
procedures within the discipline of mathematics, including the following
strands: number systems and number theory, geometry and measurement, analytic
geometry, statistics and probability, functions and algebra, multivariate
calculus, discrete mathematics, and linear and abstract algebra;
3. Understanding of the sequential and interrelated nature
of mathematics, the vertical progression of mathematical standards, and the
mathematical structures inherent in the content strands;
4. Understanding of the connections among mathematical
concepts and procedures and their practical applications;
5. Understanding of and the ability to use the five
processes - becoming mathematical problem-solvers, reasoning mathematically,
communicating mathematically, making mathematical connections, and using
mathematical models and representations - at different levels of complexity;
6. Understanding of the history of mathematics, including
the contributions of different individuals and cultures toward the development
of mathematics and the role of mathematics in culture and society;
7. Understanding of major current curriculum studies and
trends in mathematics;
8. Understanding how to utilize appropriate technologies
for teaching and learning mathematics, including graphing utilities, dynamic
software, spreadsheets, and virtual manipulatives;
9. Understanding of and the ability to select, adapt,
differentiate, evaluate, and use instructional materials and resources,
including professional journals and technology;
10. Understanding of and the ability to use strategies for
managing, assessing, and monitoring student learning, including diagnosing
student errors;
11. Understanding of and the ability to use strategies to
teach mathematics to diverse learners;
12. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing; and
13. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-390. Mathematics – Algebra I (add-on
endorsement).
The program in Algebra I shall ensure that the candidate
holds an active license with a teaching endorsement or endorsements issued by
the Virginia Board of Education and has demonstrated the following
competencies:
1. Understanding of the mathematics relevant to the content
identified in the Mathematics Standards of Learning and how the standards
provide the foundation for teaching middle level mathematics through Algebra I,
including:
a. The structure of real numbers and subsets, basic
operations, and properties;
b. Elementary number theory, ratio, proportion, and
percent;
c. Algebra, trigonometry, and analytic geometry: operations
with monomials and polynomials; rational expressions; linear, quadratic, and
higher degree equations and inequalities; linear systems of equations and
inequalities; nonlinear systems of equations; radicals and exponents; complex
numbers; arithmetic and geometric sequences and series; algebraic,
trigonometric, logarithmic, exponential, absolute value, and step functions;
domain and range of functions; composite and inverse functions; one-to-one
mapping; transformations between graphical, tabular, and symbolic forms of
functions; direct and inverse variation; line and curve of best fit; conics;
and recognition and application of trigonometric identities;
d. Calculus: applications of limits, differentiation, and
integration;
e. Linear algebra: matrices, vectors, and linear
transformations;
f. Geometry: geometric figures, their properties,
relationships, and application of the Pythagorean Theorem; using deductive
axiomatic methods of proof and inductive reasoning; perimeter, area, and
surface area of two-dimensional and three-dimensional figures; coordinate and
transformational geometry; constructions and applications of algebra in
geometry;
g. Probability and statistics: experimental and theoretical
probability; prediction; graphical representations, including box-and-whisker
plots; and measures of center, range, standard deviation, z-scores, and simple
and normal distributions; and
h. Discrete mathematics: symbolic logic, sets, permutations
and combinations, functions that are defined recursively, and linear
programming.
2. Understanding of varied pedagogical approaches to
teaching algebraic concepts and their connected procedures.
3. Understanding of the connections among algebraic
concepts, procedures, models, and practical applications.
4. Understanding of the sequential and interrelated nature
of mathematics and the mathematical structures inherent in algebra.
5. Understanding of and the ability to use the five
processes - becoming mathematical problem-solvers, reasoning mathematically,
communicating mathematically, making mathematical connections, and using
mathematical models and representations - at different levels of complexity.
6. Understanding how to utilize appropriate technologies
for teaching and learning algebra, including graphing utilities, dynamic
software, spreadsheets, and virtual manipulatives.
7. Understanding of and the ability to use strategies for
managing, assessing, and monitoring student learning, including diagnosing
student errors.
8. Understanding of and the ability to use strategies to
teach algebra to diverse learners.
9. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
10. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-400. Music education – instrumental preK-12.
The program in music education - instrumental preK-12
shall ensure that the candidate has demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes of
the music discipline as defined in the Virginia Standards of Learning and how
they provide a necessary foundation integral to teaching instrumental music.
2. Understanding of the common elements of music - rhythm,
melody, harmony, timbre, texture, dynamics, and form - and their relationship
with each other and student academic needs and employing this understanding in
the analysis of music.
3. Effective musicianship through the development of:
a. Basic skills in conducting, score reading, teaching
musical courses, and rehearsal techniques for choral and instrumental music;
b. Skills in composing, arranging, and adapting music to
meet the classroom needs and ability levels of school performing groups;
c. Skills in providing and directing creative experiences
and improvising when necessary;
d. Proficiency, sufficient for classroom instruction, on
keyboard or other accompanying instrument; and
e. The ability to perform in ensembles.
4. Knowledge and understanding of teaching music, including
music theory; performance; music history and cultural context; analysis,
evaluation, and critique; and aesthetics.
5. Knowledge of music history and literature with emphasis
on the relationship of music to culture and the ability to place compositions
in historical and stylistic perspective.
6. Knowledge of a comprehensive program of music education
based upon sound philosophy, content, and methodology for teaching in
elementary, middle, and secondary schools.
7. Specialization on a musical instrument and functional
teaching knowledge on each of the string, brass, woodwind, and percussion
instruments.
8. Competency in teaching rehearsing and conducting
combined instrumental and vocal groups. In addition, the program shall provide
instruction in business procedures, organization, and management of large and
small instrumental ensembles.
9. Knowledge of vocal techniques in teaching, rehearsing,
and conducting combined instrumental and vocal groups.
10. Knowledge and understanding of technological and
artistic copyright laws.
11. Knowledge and understanding of classroom management and
safety, including performance and studio.
12. Knowledge of a variety of instructional and assessment
strategies to foster, support, and enhance student music learning.
13. Knowledge and understanding of technology, with
applications for instruction, resources, artistic expression, administration,
business procedures, assessment, and communication.
14. Knowledge and understanding of appropriate and
sensitive attention to diversity and cultural understanding.
15. Knowledge of related areas of the fine arts, such as
dance arts, theatre arts, and the visual arts.
16. Observation and professional laboratory experiences
with pupils in elementary, middle, and secondary schools, including instruction
of instrumental groups.
17. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
18. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-410. Music education – vocal/choral preK-12.
A. The program in music education - vocal/choral preK-12
shall ensure that the candidate has demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes of
the music discipline as defined in the Virginia Standards of Learning and how
they provide a necessary foundation integral to teaching instrumental music.
2. Understanding of the common elements of music - rhythm,
melody, harmony, timbre, texture, dynamics, and form - and their relationship
with each other and student academic needs and to employ this understanding in
the analysis of music.
3. Effective musicianship through the development of:
a. Basic skills in conducting, score reading, teaching
musical courses, and rehearsal techniques for choral and instrumental music;
b. Skills in composing, arranging, and adapting music to
meet the classroom needs and ability levels of school performing groups;
c. Skills in providing and directing creative experiences
and improvising when necessary;
d. Proficiency, sufficient for classroom instruction, on
keyboard or other accompanying instrument; and
e. The ability to perform in ensembles.
4. Knowledge and understanding of teaching music, including
music theory; performance; music history and cultural context; analysis,
evaluation, and critique; and aesthetics.
5. Knowledge of music history and literature with emphasis
on the relationship of music to culture and the ability to place compositions
in historical and stylistic perspective.
6. Knowledge of a comprehensive program of music education
based upon sound philosophy, content, and methodology for teaching in
elementary, middle, and secondary schools.
7. Specialization in the methods, materials, and media
appropriate to the teaching of vocal/choral and general music at elementary,
middle, and secondary levels.
8. Competency in teaching, rehearsing, and conducting
choral ensembles and combined vocal and instrumental school groups. In
addition, the program shall provide instruction in business procedures,
organization, and management of large and small choral ensembles.
9. Knowledge of instrumental techniques in teaching,
rehearsing, and conducting combined vocal and instrumental school groups.
10. Knowledge and understanding of technological and
artistic copyright laws.
11. Knowledge and understanding of classroom management and
safety, including performance and studio.
12. Knowledge of a variety of instructional and assessment
strategies to foster, support, and enhance student music learning.
13. Knowledge and understanding of technology, with
applications for instruction, resources, artistic expression, administration,
business procedures, assessment, and communication.
14. Knowledge and understanding of appropriate and
sensitive attention to diversity and cultural understanding.
15. Knowledge of related areas of the fine arts, such as
dance arts, theatre arts, and the visual arts.
16. Observation and professional laboratory experiences
with pupils at elementary, middle, and secondary levels, including instruction
of choral groups.
17. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
18. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-420. Science – biology.
The program in biology shall ensure that the candidate
demonstrates the following competencies:
1. Understanding of the knowledge, skills, and processes of
the four core science disciplines as defined in the Virginia Science Standards
of Learning and how these provide a sound foundation for teaching biology.
2. Understanding of the nature of science and scientific
inquiry, including the:
a. Function of research design and experimentation;
b. Role and nature of the theory in explaining and
predicting events and phenomena;
c. Practices required to provide empirical answers to
research questions, including data collection and analysis, modeling,
augmentation with evidence, and constructing explanations;
d. Reliability of scientific knowledge and its constant scrutiny
and refinement;
e. Self-checking mechanisms used by science to increase
objectivity including peer review; and
f. Assumptions, influencing conditions, and limits of
empirical knowledge.
3. Understanding of the knowledge, skills, and processes
for teaching laboratory science, including the ability to:
a. Design instruction reflecting the goals of the Virginia
Science Standards of Learning;
b. Implement laboratory safety rules and procedures and
ensure that students take appropriate safety precautions;
c. Conduct research projects and experiments including
applications of the design process and technology;
d. Conduct systematic field investigations using the school
grounds, the community, and regional resources;
e. Organize key biological content, skills, and practices
into meaningful units of instruction that actively engage students in learning;
f. Design instruction to meet the needs of diverse learners
using a variety of techniques;
g. Evaluate instructional materials and teaching practices;
h. Conduct formative and summative assessments of student
learning;
i. Incorporate instructional technology to enhance student
performance; and
j. Ensure student competence in biology.
4. Understanding of the content, processes, and skills of
biology, equivalent to an undergraduate degree in biology, with course work in
genetics, biochemistry/molecular biology, cell biology, botany, zoology,
anatomy/physiology, ecology, and evolutionary biology.
5. Understanding of basic physics, chemistry (including
organic chemistry), the Earth sciences, and mathematics (including statistics)
to ensure:
a. The placement of biology in an appropriate
interdisciplinary context;
b. The ability to teach the processes and crosscutting
concepts common to the natural and physical sciences;
c. The application of key principles in biology to solve
practical problems; and
d. A "systems" understanding of the natural
world.
6. Understanding of the contributions and significance of
biology, including:
a. Its social, cultural, and economic significance;
b. The relationship of biology and other sciences to
mathematics, the design process, and technology; and
c. The historical development of scientific concepts and
scientific reasoning.
7. Understanding of and proficiency in grammar, usage, and mechanics
and their integration in writing.
8. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-430. Science – chemistry.
The program in chemistry shall ensure that the candidate
demonstrates the following competencies:
1. Understanding of the knowledge, skills, and processes of
the four core science disciplines as defined in the Virginia Science Standards
of Learning and how they provide a sound foundation for teaching chemistry.
2. Understanding of the nature of science and scientific
inquiry including the:
a. Function of research design and experimentation;
b. Role and nature of the theory in explaining and
predicting events and phenomena;
c. Practices required to provide empirical answers to
research questions, including data collection and analysis, modeling,
augmentation with evidence, and constructing explanations;
d. Reliability of scientific knowledge and its constant
scrutiny and refinement;
e. Self-checking mechanisms used by science to increase
objectivity including peer review; and
f. Assumptions, influencing conditions, and limits of
empirical knowledge.
3. Understanding of the knowledge, skills, and processes
for teaching laboratory science, including the ability to:
a. Design instruction reflecting the goals of the Virginia
Science Standards of Learning;
b. Implement laboratory safety rules and procedures and
ensure that students take appropriate safety precautions;
c. Conduct research projects and experiments including
applications of the design process and technology;
d. Conduct systematic field investigations using the school
grounds, the community, and regional resources;
e. Organize key chemistry content, skills, and practices
into meaningful units of instruction that actively engage students in learning;
f. Design instruction to meet the needs of diverse learners
using a variety of techniques;
g. Evaluate instructional materials and teaching practices;
h. Conduct formative and summative assessments of student
learning;
i. Incorporate instructional technology to enhance student
performance; and
j. Ensure student competence in chemistry.
4. Understanding of content, processes, and skills of
chemistry, equivalent to an undergraduate degree in chemistry, with course work
in biochemistry, inorganic chemistry, organic chemistry, physical chemistry,
and analytical chemistry.
5. Understanding of basic physics, Earth science, biology,
and mathematics to ensure:
a. The placement of chemistry in an appropriate
interdisciplinary context;
b. The ability to teach the processes and crosscutting
concepts common to the natural and physical sciences;
c. The application of key principles in chemistry to solve
practical problems; and
d. A "systems" understanding of the natural
world.
6. Understanding of the contributions and significance of
chemistry, including:
a. Its social, cultural, and economic significance;
b. The relationship of chemistry and other sciences to
mathematics, the design process and technology; and
c. The historical development of scientific concepts and
scientific reasoning.
7. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
8. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-440. Science – Earth science.
The program in Earth science shall ensure that the
candidate demonstrates the following competencies:
1. Understanding of the knowledge, skills, and processes of
the four core science disciplines as defined in the Virginia Science Standards
of Learning and how these provide a sound foundation for teaching Earth
science.
2. Understanding of the nature of science and scientific
inquiry, including the:
a. Function of research design and experimentation;
b. Role and nature of the theory in explaining and
predicting events and phenomena;
c. Practices required to provide empirical answers to
research questions, including data collection and analysis, modeling,
augmentation with evidence, and constructing explanations;
d. Reliability of scientific knowledge and its constant
scrutiny and refinement;
e. Self-checking mechanisms used by science to increase
objectivity including peer review; and
f. Assumptions, influencing conditions, and limits of
empirical knowledge.
3. Understanding of the knowledge, skills, and practices
for teaching laboratory science, including the ability to:
a. Design instruction reflecting the goals of the Virginia
Science Standards of Learning;
b. Implement laboratory safety rules and procedures and
ensure that students take appropriate safety precautions;
c. Conduct research projects and experiments including
applications of the design process and technology;
d. Conduct systematic field investigations using the school
grounds, the community, and regional resources;
e. Organize key Earth science content, skills, and
practices into meaningful units of instruction that actively engage students in
learning;
f. Design instruction to meet the needs of diverse learners
using a variety of techniques;
g. Evaluate instructional materials and teaching practices;
h. Conduct formative and summative assessments of student
learning;
i. Incorporate instructional technology to enhance student
performance; and
j. Ensure student competence in Earth science.
4. Understanding of the content, processes, and skills of
Earth science, equivalent to an undergraduate degree in geology, or a related
area, with course work in structural geology, paleontology, petrology,
oceanography, meteorology, and astronomy/space science.
5. Understanding of basic physics, chemistry (including
organic chemistry), biology, and mathematics to ensure:
a. The placement of Earth science in an appropriate
interdisciplinary context;
b. The ability to teach the processes and crosscutting
concepts common to the natural and physical sciences;
c. The application of key principles in Earth science to
solve practical problems; and
d. A "systems" understanding of the natural
world.
6. Understanding of the contributions and significance of
Earth science, including:
a. Its social, cultural, and economic significance;
b. The relationship of Earth science and other sciences to
mathematics, the design process, and technology; and
c. The historical development of scientific concepts and
scientific reasoning.
7. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
8. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-450. Science – physics.
The program in physics shall ensure that the candidate
demonstrates the following competencies:
1. Understanding of the knowledge, skills, and processes of
the four core science disciplines as defined in the Virginia Science Standards
of Learning and how these provide a sound foundation for teaching physics.
2. Understanding of the nature of science and scientific
inquiry, including the
a. Function of research design and experimentation;
b. Role and nature of the theory in explaining and
predicting events and phenomena;
c. Practices required to provide empirical answers to
research questions, including data collection and analysis, modeling, augmentation
with evidence, and constructing explanations;
d. Reliability of scientific knowledge and its constant
scrutiny and refinement;
e. Self-checking mechanisms used by science to increase
objectivity including peer review; and
f. Assumptions, influencing conditions, and limits of
empirical knowledge.
3. Understanding of the knowledge, skills, and processes
for teaching laboratory science, including the ability to:
a. Design instruction reflecting the goals of the Virginia
Science Standards of Learning;
b. Implement laboratory safety rules and procedures and
ensure that students take appropriate safety precautions;
c. Conduct research projects and experiments including
applications of the design process and technology;
d. Conduct systematic field investigations using the school
grounds, the community, and regional resources;
e. Organize key physics content, skills, and practices into
meaningful units of instruction that actively engage students in learning;
f. Design instruction to meet the needs of diverse learners
using a variety of techniques;
g. Evaluate instructional materials and teaching practices;
h. Conduct formative and summative assessments of student
learning;
i. Incorporate instructional technology to enhance student
performance; and
j. Ensure student competence in physics.
4. Understanding of content, processes, and skills of
physics, equivalent to an undergraduate degree in physics, with course work in
mechanics, electricity and magnetism, optics, and modern physics.
5. Understanding of basic Earth science, chemistry
(including organic chemistry), biology, and mathematics to ensure:
a. The placement of physics in an appropriate
interdisciplinary context;
b. The ability to teach the processes and crosscutting
concepts common to the natural and physical sciences; and
c. A "systems" understanding of the natural
world.
6. Understanding of the contributions and significance of
physics, including:
a. Its social, cultural, and economic significance;
b. The relationship of physics and other sciences to
mathematics, the design process, and technology; and
c. The historical development of scientific concepts and
scientific reasoning.
7. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
8. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-460. Special education adapted curriculum K-12.
A. The program in special education is designed to ensure
through coursework and field experiences in a variety of settings that the
candidate has demonstrated the core competencies in this section to prepare
children and youth for participation in the general education curriculum and
within the community to the maximum extent possible. The candidate also shall
complete the competencies in at least one of the endorsement areas of Special
Education Adapted Curriculum K-12, in addition to those required under
professional studies, including reading and language acquisition.
1. Foundations. Characteristics, legal, and medical
aspects.
a. Knowledge of the foundation for educating students with
disabilities, including:
(1) Historical perspectives, models, theories,
philosophies, and trends that provide the basis for special education practice;
(2) Characteristics of children and youth with disabilities
relative to age, varying levels of severity, and developmental differences manifested
in cognitive, linguistic, physical, psychomotor, social, or emotional
functioning;
(3) Normal patterns of development (i.e., physical,
psychomotor, cognitive, linguistic, social, and emotional development) and
their relationship to the various disabilities;
(4) Medical aspects of disabilities;
(5) The dynamic influence of the family system and cultural
and environmental milieu and related issues pertinent to the education of
students with disabilities;
(6) Educational implications of the various disabilities;
and
(7) Understanding of ethical issues and the practice of
accepted standards of professional behavior.
b. An understanding and application of the legal aspects,
regulatory requirements, and expectations associated with identification, education,
and evaluation of students with disabilities, including:
(1) Legislative and judicial mandates related to education
and special education (e.g., the Individuals with Disabilities Education Act,
§ 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act, the No Child Left Behind Act of 2001, etc.);
(2) Current regulations governing special education (e.g.,
individualized education program (IEP) development; disciplinary practices,
policies, and procedures; and alternative placements and programs in schools);
and
(3) Rights and responsibilities of parents, students,
teachers, and schools as they relate to individuals with disabilities and
disability issues.
2. Assessments and evaluation.
An understanding and application of the foundation of
assessment and evaluation related to best special education practice,
including:
a. Ethical issues and responsibilities in the assessment of
individuals with disabilities;
b. Procedures for screening, prereferral, referral, and
eligibility determinations;
c. Factors that may influence assessment findings such as
cultural, behavioral, and learning diversity;
d. A general knowledge of measurement theory and practice,
including validity, reliability, norming, bias, sensitivity, and specificity;
e. Administration, scoring, and interpretation of commonly
used individual and group instruments, including norm-referenced,
criterion-referenced, and curriculum-based measures as well as task analysis,
observation, portfolio, and environmental assessments;
f. Synthesis and interpretation of assessment findings for
eligibility, program planning, and program evaluation decisions; and
g. Knowledge of the Virginia Accountability System,
assessment options, and procedures for participation for students with
disabilities.
3. Management of instruction and behavior.
An understanding and application of classroom and behavior
management techniques and individual interventions, including techniques that:
a. Promote emotional well-being and teach and maintain
behavioral conduct and skills consistent with norms, standards, and rules of
the educational environment;
b. Address diverse approaches and classroom organization
based upon behavioral, cognitive, affective, social, and ecological theory and
practice;
c. Provide positive behavioral supports; and
d. Are based on functional assessment of behavior.
4. Collaboration.
a. Skills in consultation, case management, and
collaboration, including:
Coordination of service delivery with related service
providers, general educators, and other professions in collaborative work
environments to include:
(1) Understanding the Standards of Learning (SOL),
structure of the curriculum, and accountability systems across K-12;
(2) Understanding and assessing the organization and
environment of general education classrooms across the K-12 setting;
(3) Implementation of collaborative models, including
collaborative consultation, co-teaching with co-planning, and student intervention
teams;
(4) Procedures to collaboratively develop, provide, and
evaluate instructional and behavioral plans consistent with students'
individual needs;
(5) Understanding of the roles and responsibilities of each
member of the collaborative team; and
(6) Knowledge and application of effective communication
strategies and culturally responsive strategies with a variety of stakeholders
in the collaborative environment;
b. Training, managing, and monitoring paraprofessionals;
c. Involving of families in the education of their children
with disabilities;
d. Understanding the standards of professionalism;
e. Cooperating with community agencies and other resource
providers; and
f. Models and strategies for promoting students'
self-advocacy skills.
B. The program in special education adapted curriculum
K-12 shall ensure through coursework and field experiences in a variety of
settings that the candidate seeking endorsement in special education adapted
curriculum has the special education core competencies and the specific
competency requirements specified in this section. The candidate shall
demonstrate the following competencies to prepare children and youth to acquire
the functional, academic, and community living skills necessary to reach an
appropriate level of independence and be assessed in progress toward an aligned
curriculum while participating in programs with nondisabled peers to the
fullest extent possible:
1. Characteristics.
a. Demonstrate knowledge of the definitions;
characteristics, including medical and health conditions; and learning and
behavioral support needs of students with disabilities (K-12) whose cognitive
impairments or adaptive skills require adaptations to the general curriculum
and whose functional skills are significantly different from typically
developing peers, and therefore require adaptations to the general curriculum
for an appropriate education, including, but not limited to, students with:
(1) Autism spectrum disorders;
(2) Developmental delay;
(3) Intellectual disability;
(4) Traumatic brain injury; and
(5) Multiple disabilities, including sensory,
deaf-blindness, speech-language, orthopedic and/or health impairments as an
additional disability to those referenced in subdivision 1 a of this
subsection.
b. Knowledge of characteristics shall include:
(1) Medical needs, sensory needs, and position and handling
needs of children with multiple disabilities;
(2) Speech and language development and communication and
impact on educational, behavioral, and social interactions;
(3) Impact of disability on self-determination and
self-advocacy skills; and
(4) Historical and legal perspectives, models, theories,
philosophies, and trends related to specific student populations.
2. Individualized education program (IEP) development and
implementation.
a. Demonstrate knowledge of the eligibility process and
legal and regulatory requirements for IEP development including timelines,
components, team composition, roles, and responsibilities.
b. Apply knowledge of content standards, assessment, and
evaluation throughout the K-12 grade levels to:
(1) Construct, use, and interpret a variety of standardized
and nonstandardized data collection techniques, such as task analysis,
observation, portfolio assessment, and other curriculum-based measures;
(2) Make decisions about student progress, instruction,
program, modifications, adaptations, placement, teaching methodology, and
transitional services and activities for students with disabilities who are
accessing the general education curriculum and the standards of learning
through an aligned curriculum;
(3) Be able to write educationally relevant IEP goals and
objectives that address self-care and self-management of student physical,
sensory, and medical needs that also enhance academic success in the adapted
curriculum.
3. Instructional methods and strategies for the adapted
curriculum.
An understanding and application of service delivery,
curriculum, and instruction of students with disabilities, including:
a. Curriculum development that includes a scope and
sequence, lesson plans, instructional methods, and assessments that are based
on grade level content standards;
b. Foundational knowledge of reading and writing that
includes an understanding of the complex nature of language acquisition and reading
(reading competencies in professional studies requirements in 8VAC40-543-140).
Skills in this area include phonemic awareness, an understanding of sound and
symbol relationships, explicit phonics instruction, syllables, phonemes,
morphemes, decoding skills, word attack skills, and knowledge of how phonics,
syntax, and semantics interact. Additional skills shall include proficiency in
a wide variety of comprehension strategies and writing, as well as the ability
to foster appreciation of a variety of literature and independent reading; and
reading and writing across the content areas;
c. Foundational knowledge of the complex nature of numeracy
acquisition and the sequential nature of mathematics including mathematical
concepts, mathematical thinking, calculation, and problem-solving;
d. Alternative ways to teach content material including
curriculum adaptation and curriculum modifications;
e. Procedures to develop, provide, and evaluate instruction
consistent with students' individual needs;
f. Strategies to promote successful integration of students
with disabilities with their nondisabled peers;
g. Use of technology to promote student learning;
h. Structure and organization of general education
classrooms and other instructional settings representing the continuum of
special education services, to include field experiences;
i. Demonstrate the ability to implement individual
educational planning and group instruction with students with disabilities who
are accessing the general education curriculum and Standards of Learning
through an aligned curriculum across the K-12 grade levels, including the
ability to:
(1) Identify and apply differentiated instructional
methodologies including systematic instruction, multisensory approaches,
learning cognitive strategies, diverse learning styles, and technology use;
(2) Implement a blended curriculum that includes teaching
academic skills using the aligned standards of learning and incorporating
functional and essential life skills into instruction;
(3) Provide explicit instruction of reading, writing and
mathematics at appropriate developmental and grade level in a cumulative manner
to students with disabilities accessing the general education curriculum
through an aligned curriculum;
(4) Conduct and analyze results of functional behavior
assessment;
(5) Implement behavioral intervention plans incorporating
positive behavioral supports;
(6) Promote the potential and capacity of individual
students to meet high functional, academic, behavioral, and social
expectations;
(7) Design alternative ways to teach content material
including modifying and adapting the general education curriculum;
(8) Develop appropriate transition between grade levels,
setting, and environments;
(9) Use assistive and instructional technology, including
augmentative and alternative communication methods and systems;
(10) Implement and evaluate group management technique and
individual interventions that teach and maintain emotional, behavioral, and
social skills;
(11) Implement and monitor IEP specified modifications and
adaptations within the general education classroom; and
(12) Integrate students in the community through
collaboration with community service systems.
4. Individualized supports and specialized care of students
with significant disabilities.
a. An understanding and application of service delivery for
students with significant disabilities and their unique care needs, including
the ability to identify the physical, sensory, and health and medical needs of
students with significant disabilities and understand how these needs impact
the educational program including:
(1) Understanding of typical physical development of
children and application of this knowledge in developing learning experiences
for students with significant disabilities;
(2) Basic understanding of the most common medical
diagnoses associated with students with significant disabilities and the impact
on their functioning in school and community settings;
(3) Understanding of the role muscle tone plays in the
positioning and handling of students and familiarity with common positioning
equipment used in the classroom; and
(4) Understanding of alternative and augmentative
communication systems and the ability to identify an appropriate communication
system based on the needs of the student.
b. Understanding of the roles and responsibilities of
related and support staff working in a collaborative setting and the process
and procedures related to initiating a related service request.
c. Ability to develop lesson plans that blend and
incorporate the academic, functional, and behavioral goals and objectives,
while integrating positioning, self-help, feeding, grooming, sensory, and
toileting programs into the instructional delivery.
5. Transitioning.
Demonstrate the ability to prepare students and work with
families to provide successful student transitions throughout the educational
experience to include postsecondary education, training, employment, and
independent living that addresses an understanding of long-term planning, age-appropriate
transition assessments, career development, life skills, community experiences
and resources, and self-determination to include goal setting, decision-making,
problem-solving, self-awareness and self-advocacy, guardianship, and other legal
considerations.
a. Skills in consultation, case management, and
collaboration for students with varying degrees of disability severity.
(1) Coordinate service delivery with general educators
including career and technical educators and school counselors, related
services providers, and other providers;
(2) Awareness of community resources agencies and
strategies to interface with community agencies when developing and planning
IEPs;
(3) Knowledge of related services and accommodations that
pertain to postsecondary transitions that increase student access to
postsecondary education and community resources; and
(4) Ability to coordinate and facilitate meetings involving
parents, students, outside agencies, and administrators to include the
understanding of consent to share information, including confidentiality and
disability disclosure.
b. Understand the difference between entitlement and
eligibility for agency services as students move to the adult world, including
a basic understanding of Social Security Income benefits planning, work
incentive, Medicaid, community independent living, and waivers.
c. Recognize uses of technology and seek out technology at
postsecondary settings that shall aid the student in their education, work, and
independent living.
d. Recognize and plan for individual student potential and
their capacity to meet high academic, behavioral, and social expectations and
the impact of academic and social success on personal development.
e. Knowledge of person-centered planning strategies to promote
student involvement in planning.
f. Knowledge of generic skills that lead to success in
school, work, and community, including time management, preparedness, social
interactions, and communication skills.
g. Understand social skill development and the unique
social skills deficits and challenges associated with disabilities:
(1) Assesses social skill strengths and needs; and
(2) Plans and uses specialized social skills strategies.
h. Knowledge of use and implementation of vocational
assessments to encourage and support students' advocacy and self-determination
skills.
i. Knowledge of legal issues surrounding age of majority
and guardianship.
j. Knowledge of graduation requirements, diploma options
and legal issues surrounding age of majority, and guardianship.
6. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
7. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
C. Completion of supervised classroom experiences with
students with disabilities and an adapted curriculum K-12.
8VAC20-543-470. Special education blindness and visual
impairments preK-12.
The program in special education visual impairments
preK-12 is designed to ensure through course work and field experiences in a
variety of settings that the candidate has demonstrated the following
competencies:
1. Understanding of the characteristics of individuals with
disabilities, including:
a. Developmental and cognitive characteristics of children
and youth with disabilities, particularly blindness or visual impairment;
b. Language development and the effects of blindness,
visual impairment, and other disabling conditions and cultural and linguistic
diversity on language development;
c. Characteristics of individuals with visual impairments,
including impact of visual impairment on children's social and emotional
development, and family interaction patterns; and
d. Understanding of psychosocial aspects of visual
impairment and cultural identity.
2. Understanding of the foundation of the legal aspects
associated with students with disabilities and students with visual impairments,
including:
a. Legislative and judicial mandates related to education
and special education;
b. The Individuals with Disabilities Education Act (IDEA),
§ 504 of the Rehabilitation Act of 1973, and the Americans with
Disabilities Act;
c. Legal decisions related to persons with disabilities;
d. Current regulations and procedures governing special
education, including individualized education program (IEP) development,
individualized family service plan (IFSP), and transition services; and
e. Disciplinary practices, policies, and procedures and
alternative placementsand programs in schools.
3. Understanding of the foundation of assessment and
evaluation with an emphasis on individuals with visual impairments, including:
a. Administering, scoring, and interpreting assessments,
including norm-referenced, criterion-referenced, and curriculum-based
individual and group assessments;
b. Administration and interpretation of a functional vision
assessment (FVA), learning media assessment (LMA), and assistive technology
assessment and assessment in the areas of the expanded core curriculum (ECC);
c. Interpreting assessments for eligibility, placement, and
program decisions and to inform instruction;
d. Techniques to collect, record, and analyze information;
e. Diagnostic instruction using ongoing assessment data;
f. Techniques for recognizing capacity and diversity and
its influence on student assessment and evaluation;
g. Using data from student program evaluation to inform
curriculum development, instructional practice, and accommodations; and
h. Low vision practices and procedures, including
assessment and instructional programming for functional vision.
4. Understanding of service delivery, classroom and
behavior management, and instruction for students who are blind and visually
impaired, including:
a. The application of current research and evidence-based
practice;
b. Classroom organization and curriculum development;
c. Curriculum adaptations and accommodations;
d. The development of language and literacy skills;
e. The use of technology in teaching and instructing
students to use assistive technologies to promote learning and provide access
to the general education curriculum;
f. Classroom management, including behavior support systems
and individual planning;
g. Methods and procedures for teaching students with visual
impairments;
h. Instructional programming and modifications of
curriculum to facilitate inclusion of students with blindness and visual
impairment in programs and services with sighted and typically developing
peers;
i. Individual and group behavior management techniques;
j. Career and vocational aspects of individuals with
disabilities, including persons with visual impairments, including knowledge of
careers, vocational opportunities, and transition from school to work; and
k. Social and recreational skills and resources for
individuals with visual impairments, including methods and materials for
assessing and teaching activities of daily living.
5. Understanding of consultation, case management, and
collaboration including:
a. Coordinating service delivery with other professionals
in collaborative work environments;
b. Training, managing, and monitoring paraprofessionals;
c. Involving families in the education of their children
with blindness or visual impairment;
d. Implementation of collaborative models, including
collaborative consultation, co-teaching, and student intervention teams; and
e. Interfacing with community agencies and resources.
6. Understanding of the foundations of Braille reading and
writing, including:
a. Teaching reading and writing of grade 2 Braille on both
a Braille writer and a "slate and stylus"; and
b. Knowledge of other codes, including Nemeth, foreign
language code, music code, and computer Braille.
7. Understanding of anatomy, physiology, and diseases of
the eye and the educational implications.
8. Understanding principles and how to instruct in human
guide techniques and pre-cane orientation and mobility instruction.
9. Understanding of the standards of professionalism,
including ethical and professional practice.
10. Completion of supervised classroom experiences at the
elementary and secondary levels with students who have visual impairments, to
include those with blindness and low vision, and with individuals who may have
additional disabilities.
11. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
12. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-480. Special education deaf and hard of hearing
preK-12.
The program in special education deaf and hard of hearing
preK-12 is designed to ensure through course work and field experiences in a
variety of settings that the candidate has demonstrated the following competencies:
1. Understanding of the characteristics of individuals with
disabilities, including the following:
a. Developmental and cognitive characteristics of children
and youth with disabilities;
b. Characteristics of individuals who are deaf or hard of hearing,
including sociocultural influences and possible health-related or
genetically-related problems; and
c. Foundations of the education and culture of persons who
are deaf or hard of hearing.
2. Understanding of the foundation of the legal aspects associated
with students with disabilities and students who are deaf or hard of hearing
including:
a. Legislative and judicial mandates related to education
and special education;
b. The Individuals with Disabilities Education Act (IDEA),
§ 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities
Act;
c. Legal decisions related to persons with disabilities;
d. Current regulations and procedures governing special
education, including individualized education program (IEP) development,
individualized family service plan (IFSP), and transition services; and
e. Disciplinary practices, policies, and procedures and
alternative placements and programs in schools.
3. Understanding of the foundation of assessment and
evaluation with an emphasis on individuals who are deaf or hard of hearing,
including:
a. Administering, scoring, and interpreting assessments,
including norm-referenced, criterion-referenced, and curriculum-based
individual and group assessments;
b. Interpreting assessment results for eligibility,
placement, and to inform instruction (i.e., linking assessment results to
classroom interventions);
c. Techniques to collect, record, and analyze information
from observing students;
d. Data-based decision-making skills using assessment data
to inform diagnostic instruction;
e. Techniques for recognizing capacity and diversity and
its influence on student assessment and evaluation.
4. Understanding of service delivery, classroom and
behavior management, and instruction, including:
a. The application of current research in practice;
b. Classroom organization and curriculum development;
c. Curriculum adaptations and accommodations;
d. The development of language and literacy skills;
e. The use of technology to promote student learning;
f. Classroom and behavior management, including behavior
support systems and individual planning;
g. Evidence-based strategies and procedures for teaching
persons who are deaf or hard of hearing;
h. Instructional programming and modifications of
curriculum to facilitate inclusion of students with disabilities into the
continuum of programs and services with peers without disabilities;
i. Strategies to promote successful socialization of
students who are deaf or hard of hearing with their hearing peers; and
j. Career and vocational skill development of individuals
with disabilities, including persons who are deaf or hard of hearing and who
may have additional needs.
5. Skills in consultation, case management, and
collaboration, including:
a. Coordinating service delivery with other professionals
in collaborative work environments;
b. Training, managing, and monitoring paraprofessionals;
c. Implementation of collaborative models, including
collaborative consultation, co-teaching, and student intervention teams;
d. Involving families in the education of their children
with disabilities; and
e. Cooperating with community agencies and resources.
6. Understanding of speech, hearing, and language
development, including:
a. Speech, hearing, and language development and the
effects of sensory loss and cultural diversity on typical language development;
b. How to promote development of listening and spoken
language skills in children who are deaf or hard of hearing: how to promote
development of American Sign Language skills in children who are deaf or hard
of hearing;
c. Anatomy of speech structures, auditory and visual
mechanisms, production, transmission, and psychophysical characteristics of
sound; and
d. General and specific effects of having partial or no
hearing on production and reception of speech and on English language
development.
7. Understanding of audiology, including:
a. Diagnostic evaluation, testing procedures, and
interpreting audiology reports to inform instruction in and expectations for
development of listening and spoken language skills; and
b. Characteristics of individual, group amplification and
assistive listening devices (e.g., cochlear implant systems, hearing aids, FM
systems, sound field systems, etc.) with emphasis on utilization in educational
environments.
8. Understanding of communication modalities to include
various modalities of communication, including cued speech, speech reading,
listening, signed language, and spoken language.
9. Demonstrated proficiency in expressive and receptive
sign language, to include American Sign Language and contact varieties.
10. Understanding of the standards for professionalism.
11. Completion of supervised classroom experiences at the
elementary and secondary levels with students who are deaf or hard of hearing,
including those with additional disabilities.
12. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
13. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-490. Special education early childhood (birth
through age five).
The program in special education early childhood (birth
through age five) is designed to ensure through course work and field
experiences in a variety of settings that the candidate has demonstrated the
following competencies:
1. Understanding of the nature and characteristics of major
disabling and at-risk conditions, including:
a. Trends for service delivery to the
birth-through-age-five population;
b. An overview of early intervention and early childhood
special education;
c. Historical perspective of special education; and
d. Awareness of the issues surrounding cultural and
linguistic diversity.
2. Understanding of the foundation of the legal aspects
associated with students with disabilities, including:
a. Legislative and judicial mandates related to education
and special education;
b. The Individuals with Disabilities Education Act (IDEA),
§ 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities
Act;
c. Legal decisions related to persons with disabilities;
d. Current regulations and procedures governing special
education to include individualized education program (IEP) development and
individualized family service plan (IFSP); and
e. Disciplinary practices, policies, and procedures and
alternative placements and programs in schools.
3. Knowledge of the selection, administration, and
interpretation of formal and informal assessment techniques for young children
with disabling and at-risk conditions and their families, including:
a. Eligibility and diagnosis of disabling and at-risk
conditions;
b. Progress monitoring for growth compared to same age,
typically developing peers and functioning in environments where same age peers
would normally attend (to include, but not be limited to, settings that the
families choose);
c. Program development and improvement; and
d. Curriculum-based assessments for instructional planning.
4. Understanding of the methods for providing instructional
programs for early intervention, including:
a. Service delivery options;
b. Development of individualized education programs (IEPs)
and individualized family service plans (IFSPs);
c. Curriculum development and implementation to ensure
developmentally appropriate intervention techniques in the areas of self-help,
motor, cognitive, social and emotional, and language; and
d. Service delivery to support success and functionality in
all settings where same age, typically developing peers would be located.
5. Understanding of teaching social and emotional skills to
assist with behavior management and the application of principles of learning
and child development to individual and group management using a variety of
techniques that are appropriate to the age of that child.
6. Understanding of speech and language development and
intervention methods, including the effects of disabling and at-risk conditions
on young children, including:
a. Developmental stages of language acquisition;
b. Cultural and linguistic diversity;
c. English language learner language acquisition; and
d. Use of language to get needs and wants met and for
social interaction.
7. Understanding of and experiences with the medical
aspects of young children with disabling and at-risk conditions and the
management of neuro-developmental and motor disabilities, including:
a. Emergency care and the role of health care professionals
in the lives of individuals with disabilities; and
b. Use and effects of medications.
8. Skills in consultation, case management, collaboration,
coaching, mentoring, and co-teaching, including techniques in working with
children, families, educators, related service providers, and other human
service professionals that include:
a. Service coordination;
b. Interagency coordination;
c. Inclusive practices;
d. Transition facilitation; and
e. Training, managing, and monitoring paraprofessionals.
9. Understanding of the theories and techniques of
family-centered intervention, including:
a. Cultural and linguistic differences influences; and
b. Family issues.
10. Understanding of the standards of professionalism.
11. Completion of supervised experiences at the early
childhood level in a variety of settings, including but not limited to early intervention,
home-based, school-based, and community-based settings.
12. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
13. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-500. Special education general curriculum K-12.
A. The program in special education is designed to ensure
through course work and field experiences in a variety of settings that the
candidate has demonstrated the core competencies in this section to prepare
children and youth for participation in the general education curriculum and
within the community to the maximum extent possible. The candidate also shall
complete the competencies in at least one of the endorsement areas of Special
Education General Curriculum K-12, in addition to those required under
professional studies in 8VAC40-543-140, including reading and language
acquisition.
1. Foundations - Characteristics, legal, and medical
aspects.
a. Knowledge of the foundation for educating students with
disabilities, including:
(1) Historical perspectives, models, theories,
philosophies, and trends that provide the basis for special education practice;
(2) Characteristics of children and youth with disabilities
relative to age, varying levels of severity, and developmental differences
manifested in cognitive, linguistic, physical, psychomotor, social, or
emotional functioning;
(3) Normal patterns of development (i.e., physical,
psychomotor, cognitive, linguistic, social, or emotional development) and their
relationship to the various disabilities;
(4) Medical aspects of disabilities;
(5) The dynamic influence of the family system and cultural
and environmental milieu and related issues pertinent to the education of
students with disabilities;
(6) Educational implications of the various disabilities;
and
(7) Understanding of ethical issues and the practice of
accepted standards of professional behavior.
b. An understanding and application of the legal aspects,
regulatory requirements, and expectations associated with identification,
education, and evaluation of students with disabilities, including:
(1) Legislative and judicial mandates related to education
and special education (e.g., the Individuals with Disabilities Education Act,
§ 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act, the No Child Left Behind Act of 2001, etc.);
(2) Current regulations governing special education (e.g.,
individualized education program (IEP) development; disciplinary practices,
policies, and procedures; and alternative placements and programs in schools);
and
(3) Rights and responsibilities of parents, students,
teachers, and schools as they relate to individuals with disabilities and
disability issues.
2. Assessments and evaluation.
An understanding and application of the foundation of
assessment and evaluation related to best special education practice,
including:
a. Ethical issues and responsibilities in the assessment of
individuals with disabilities;
b. Procedures for screening, pre-referral, referral, and
eligibility determinations;
c. Factors that may influence assessment findings such as
cultural, behavioral, and learning diversity;
d. A general knowledge of measurement theory and practice,
including validity, reliability, norming, bias, sensitivity, and specificity;
e. Administration, scoring, and interpretation of commonly
used individual and group instruments, including norm-referenced,
criterion-referenced, and curriculum-based measures as well as task analysis,
observation, portfolio, and environmental assessments;
f. Synthesis and interpretation of assessment findings for
eligibility, program planning, and program evaluation decisions; and
g. Knowledge of the Virginia Accountability System,
assessment options, and procedures for participation for students with
disabilities.
3. Management of instruction and behavior.
An understanding and application of classroom and behavior
management techniques and individual interventions, including techniques that:
a. Promote emotional well-being and teach and maintain
behavioral conduct and skills consistent with norms, standards, and rules of the
educational environment;
b. Address diverse approaches to classroom organization and
set-up based upon behavioral, cognitive, affective, social, and ecological
theory and practice;
c. Provide positive behavioral supports; and
d. Are based on functional assessment of behavior.
4. Collaboration.
a. Skills in consultation, case management, and
collaboration, including coordination of service delivery with related service
providers, general educators, and other professions in collaborative work
environments to include:
(1) Understanding the Standards of Learning, the structure
of the curriculum, and accountability systems across K-12;
(2) Understanding and assessing the organization and
environment of general education classrooms across the K-12 setting;
(3) Implementation of collaborative models, including
collaborative consultation, co-teaching with co-planning, and student
intervention teams;
(4) Procedures to collaboratively develop, provide, and
evaluate instructional and behavioral plans consistent with students'
individual needs;
(5) Understanding the roles and responsibilities of each
member of the collaborative team; and
(6) Knowledge and application of effective communication
strategies and culturally responsive strategies with a variety of stakeholders
in the collaborative environment;
b. Training, managing, and monitoring paraprofessionals;
c. Involvement of families in the education of their
children with disabilities;
d. Understanding the standards of professionalism;
e. Cooperating with community agencies and other resource
providers; and
f. Models and strategies for promoting students'
self-advocacy skills.
B. The program in special education general curriculum
K-12 shall ensure through coursework and field experiences in a variety of
settings that the candidate seeking endorsement in special education general
curriculum K-12 has the special education core competencies and the specific
competency requirements specified in this section.
1. Characteristics.
a. Demonstrate knowledge of definitions, characteristics,
and learning and behavioral support needs of students with disabilities whose
cognitive and functional skills are not significantly different from typically
developing peers and therefore require access to the general education curriculum
for an appropriate education, including but not limited to, students with:
(1) Autism spectrum disorder;
(2) Deaf-blindness;
(3) Developmental delay;
(4) Emotional disability;
(5) Hearing impairment (or deaf and hard of hearing);
(6) Intellectual disability;
(7) Learning disability;
(8) Multiple disabilities;
(9) Orthopedic impairment;
(10) Other health impairment;
(11) Speech-language impairment;
(12) Traumatic brain injury; and/or
(13) Visual impairment (including blindness).
b. Knowledge of characteristics shall include:
(1) Age-span and developmental issues;
(2) Levels of severity;
(3) Cognitive functioning;
(4) Language development;
(5) Emotional and behavioral adjustment;
(6) Social development;
(7) Medical aspects; and
(8) Cultural, ethnic, and socioeconomic factors.
2. Individualized education program development and
implementation.
a. Demonstrate knowledge of the eligibility process and
legal and regulatory requirements for IEP development, including timelines,
components, team composition, roles, and responsibilities.
b. Apply knowledge of content standards, assessment, and
evaluation throughout the K-12 grade levels to:
(1) Construct, use, and interpret a variety of standardized
and nonstandardized data collection techniques, such as task analysis,
observation, portfolio assessment, and other curriculum-based measures;
(2) Make decisions about student progress, instruction,
program, accommodations, placement, teaching methodology, and transition services
and activities for students with disabilities who are accessing the general
education curriculum and the Virginia Standards of Learning; and
(3) Develop an individualized education program (IEP) that
addresses the academic and functional needs of the student with disabilities in
the general education curriculum and meets regulatory requirements.
3. Instructional strategies for reading and writing.
An understanding and application of service delivery,
curriculum, and instruction of students with disabilities, including:
a. Curriculum development that includes a scope and
sequence, lesson plans, instructional methods, and assessments that are based
on the general education curriculum standards of learning at the elementary,
middle, and secondary levels;
b. Foundational knowledge of reading and writing that
includes an understanding of the complex nature of language acquisition and
reading (reading competencies in professional studies requirements). Skills in
this area include: phonemic awareness, an understanding of sound and symbol
relationships, explicit phonics instruction, syllables, phonemes, morphemes,
decoding skills, word attack skills, and knowledge of how phonics, syntax, and
semantics interact. Additional skills shall include proficiency in a wide
variety of comprehension, vocabulary, and writing strategies, as well as the
ability to foster appreciation of a variety of literature, independent reading,
and reading and writing across content areas;
c. Alternative ways to teach content material including
curriculum adaptation and curriculum modifications;
d. Procedures to develop, provide, and evaluate instruction
consistent with students' individual needs;
e. Strategies to promote successful integration of students
with disabilities with their nondisabled peers;
f. Use of technology to promote student learning;
g. Structure and organization of general education
classrooms and other instructional settings representing the continuum of
special education services, to include field experiences; and
h. Demonstrate the ability to implement individual
educational planning and group instruction with students with disabilities who
are accessing the general education curriculum across the K-12 grade levels,
including the ability to:
(1) Identify and apply differentiated instructional
methodologies including systematic instruction, multisensory approaches,
learning cognitive strategies, study skills, diverse learning styles, and
technology use;
(2) Teach skills and remediate deficits in academic areas
at the elementary, middle, and secondary levels;
(3) Provide explicit instruction of reading and writing at
appropriate developmental and grade level in a systematic and cumulative manner
to students with disabilities who are accessing the general education curriculum;
(4) Promote the potential and capacity of individual
students to meet high academic, behavioral, and social expectations;
(5) Design alternative ways to teach content material
including modifying curriculum in both directive and nondirective methodologies;
(6) Use assistive and instructional technology in order to
access the general education curriculum;
(7) Implement and evaluate group management techniques and
individual interventions that teach and maintain emotional, behavioral, and
social skills; and
(8) Implement and monitor IEP specified accommodations
within the general education classroom.
4. Instructional strategies for mathematics.
An understanding and application of service delivery,
curriculum, and instruction of students with disabilities, including:
a. Curriculum development that includes a scope and
sequence, lesson plans, instructional methods, and assessments that are based
on the general education curriculum standards of learning at the elementary,
middle, and secondary levels;
b. Foundational knowledge of the complex nature of numeracy
acquisition and nature of mathematics including mathematical concepts,
mathematical thinking, mathematics vocabulary, calculation, and
problem-solving;
c. Alternative ways to teach content material including
curriculum adaptation and curriculum modifications;
d. Procedures to develop, provide, and evaluate instruction
consistent with students' individual needs;
e. Strategies to promote successful integration of students
with disabilities with their nondisabled peers;
f. Use of technology to promote student learning;
g. Structure and organization of general education
classrooms and other instructional settings representing the continuum of
special education services, to include field experiences;
h. Demonstrate the ability to implement individual
educational planning and group instruction with students with disabilities who
are accessing the general education curriculum across the K-12 grade levels,
including the ability to:
(1) Identify and apply differentiated instructional
methodologies including systematic instruction, multisensory approaches,
learning cognitive strategies, study skills, diverse learning styles, and
technology use;
(2) Teach skills and remediate deficits in academic areas
at the elementary, middle, and secondary levels;
(3) Provide explicit instruction in mathematics at
appropriate developmental and grade level in a systematic and cumulative manner
to students with disabilities who are accessing the general education curriculum;
(4) Promote the potential and capacity of individual
students to meet high academic, behavioral, and social expectations;
(5) Design alternative ways to teach content material
including modifying curriculum in both directive and nondirective methodologies;
(6) Use assistive and instructional technology in order to
access the general education curriculum;
(7) Implement and evaluate group management techniques and
individual interventions that teach and maintain emotional, behavioral, and
social skills; and
(8) Implement and monitor IEP specified accommodations
within the general education classroom.
5. Transitioning.
Demonstrate the ability to prepare students and work with
families to provide successful student transitions throughout the educational
experience to include postsecondary education, training, employment, and
independent living that addresses an understanding of long-term planning,
transition assessments, career development, life skills, community experiences
and resources, self-advocacy, and self-determination, guardianship, and legal
considerations.
a. Skills in consultation, case management, and
collaboration for students with varying degrees of disability severity;
(1) Coordinate service delivery with general educators,
related service providers, and other providers;
(2) Awareness of community resources agencies and
strategies to interface with community agencies when developing and planning
IEPs;
(3) Knowledge of related services and accommodations that
pertain to postsecondary transitions that increase student access to
postsecondary education and community resources;
(4) Ability to coordinate and facilitate meetings involving
parents, students, outside agencies, and administrators.
b. Understand the difference between entitlement and eligibility
for agency services as students move to the adult world including a basic
understanding of Social Security Income benefits planning, work incentive,
Medicaid, and community independent living.
c. Recognize uses of technology and seek out technology at
postsecondary settings that shall aid the student in their education, work, and
independent living.
d. Recognize and plan for individual student potential and
their capacity to meet high academic, behavioral, and social expectations and
the impact of academic and social success on personal development:
(1) Knowledge of person-centered planning strategies to
promote student involvement in planning; and
(2) Knowledge of generic skills that lead to success in
school, work, and community, including time management, preparedness, social
interactions, and communication skills.
e. Understand social skill development and the unique
social skills deficits and challenges associated with disabilities:
(1) Assess social skill strengths and needs; and
(2) Plan and use specialized social skills strategies.
f. Knowledge of use and implementation of vocational
assessments to encourage and support students' self-advocacy and
self-determination skills.
g. Knowledge of graduation requirements, diploma options,
and legal issues surrounding age of majority and guardianship.
6. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
7. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
C. Completion of supervised classroom experiences with
students with disabilities and the general curriculum K-12.
8VAC20-543-510. Special education – general curriculum
elementary education K-6 (add-on endorsement).
The program in special education - general curriculum
elementary education K-6 (add-on endorsement) shall ensure that the candidate
holds an active license with an endorsement in elementary education
(early/primary education preK-3/elementary education preK-6) issued by the
Virginia Board of Education and has demonstrated the following competencies.
The candidate must:
1. Hold a license issued by the Virginia Board of Education
with an endorsement in elementary education (early/primary education
preK-3/elementary education preK-6);
2. Have completed competencies in the education of students
with disabilities distributed in each of the following areas:
a. Foundations. Characteristics that include knowledge of
the foundation for educating students with disabilities; historical, ethical,
and legal aspects that include an understanding and application of the federal
and state regulatory requirements; and expectations associated with
identification, education, and evaluation of students with disabilities.
b. Individualized education program (IEP) development and
implementation.
(1) Knowledge of the eligibility process, legal, and
regulatory requirements of IEP development including timelines, components,
team composition, roles, and responsibilities.
(2) Skills in this area include the ability to apply
knowledge of assessment and evaluation throughout the K-12 grade levels to
construct, use, and interpret a variety of standardized and nonstandardized
data collection techniques; to make decisions about student progress,
instructional, program, goal development, accommodations, placement, and
teaching methodology for students with disabilities who are accessing the general
education curriculum and the standards of learning; and to demonstrate the use
of assessment, evaluation, and other information to develop and implement
individual educational planning and group instruction with students with
disabilities who are accessing the general education curriculum across the K-12
grade levels.
c. Assessment and evaluation.
(1) Understanding and application of the foundation of
assessment and evaluation related to best practice in special education;
including types and characteristics of assessment, introduction to formal and
informal assessment, and use of assessments and other information to determine
special education eligibility, service delivery, curriculum, and instruction of
students with disabilities.
(2) Understanding of the current legal and ethical issues
related to assessment selection and use, including comprehensive evaluation
requirements, students with disabilities participation in the state and local
accountability systems, assessment options, appropriate grading and testing
accommodations, and assessment of students from diverse backgrounds.
d. Instructional strategies in reading and writing.
(1) An understanding and application of service delivery,
curriculum, and instruction of students with disabilities in reading and
writing.
(2) Knowledge of the general curriculum, English
requirements, and expectations, and how to provide access to the curriculum
based on student characteristics and needs.
(3) Ability to assess, interpret data, and implement
instructional practices to address the identified reading needs of the
students. Skills in this area include the ability to identify, understand, and
implement a range of specialized instructional strategies and research-based
interventions that reflect best practice in reading and writing instruction for
students with disabilities.
(4) Ability to align the instructional practices and
intervention with the Standards of Learning and state assessments.
(5) Knowledge and ability to utilize current assistive and
instructional reading and writing technologies to promote learning and
independence for students with disabilities in the general curriculum and the
ability to evaluate the effectiveness of the use of the technologies.
(6) Ability to develop and use curriculum-based and
standardized reading and writing assessments to conduct ongoing evaluations of
instructional materials and practices to determine effectiveness and assess
student needs as it relates to the curriculum design and delivery.
(7) Ability to model and directly teach reading and writing
instructional strategies in a variety of settings and collaborate and co-teach
with general educators to develop and implement instructional practices that meet
the needs of students with disabilities in the general curriculum and monitor
student progress.
e. Instructional strategies in mathematics.
(1) An understanding and application of service delivery,
curriculum, and instruction of students with disabilities in mathematics.
(2) Knowledge of the general curriculum mathematics
requirements and expectations and how to provide access to the curriculum based
on student characteristics and needs.
(3) Ability to assess, interpret data, and implement
instructional practices to address calculations, reasoning, and problem-solving
skills. Skills in this area include the ability to understand and use a range
of specialized mathematics instructional strategies and research-based
interventions that reflect best practice in mathematics instruction for
students with disabilities.
(4) Ability to align the instructional practices and
intervention with the Standards of Learning and state assessments.
(5) Knowledge of and ability to utilize current mathematics
related assistive and instructional technologies to promote learning and
independence for students with disabilities in the general curriculum and the
ability to evaluate the effectiveness of the use of the technologies.
(6) Ability to develop and use curriculum-based and
standardized mathematics assessments to conduct ongoing evaluations of
instructional materials and practices to determine effectiveness and assess
student needs as related to the mathematics curriculum design and delivery.
(7) Ability to model and directly teach mathematics
instructional strategies in a variety of settings and collaborate and co-teach
with general educators to develop and implement instructional practices that meet
the needs of students with disabilities in the mathematics general curriculum
and monitor student progress.
3. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
4. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-520. Special education – general curriculum
middle education grades 6-8 (add-on endorsement).
The program in special education - general curriculum
middle education grades 6-8 (add-on endorsement) shall ensure that the
candidate holds an active license with an endorsement in middle education
(middle education 6-8 English, middle education 6-8 history and social
sciences, middle education 6-8 mathematics, or middle education 6-8 sciences)
issued by the Virginia Board of Education and has demonstrated the following
competencies. The candidate must:
1. Hold a license issued by the Virginia Board of Education
with an endorsement in middle education (middle education 6-8 English, middle
education 6-8 history and social sciences, middle education 6-8 mathematics, or
middle education 6-8 sciences).
2. Have completed competencies in the education of students
with disabilities distributed in each of the following areas:
a. Foundations. Characteristics that include knowledge of
the foundation for educating students with disabilities; historical, ethical,
and legal aspects that include an understanding and application of the federal
and state regulatory requirements; and expectations associated with
identification, education, and evaluation of students with disabilities.
b. Individualized education program (IEP) development and
implementation. Knowledge of the eligibility process and legal and regulatory
requirements of IEP development including timelines, components, team
composition, roles, and responsibilities. Skills in this area include the
ability to apply knowledge of assessment and evaluation throughout the K-12
grade levels to construct, use, and interpret a variety of standardized and
nonstandardized data collection techniques; to make decisions about student
progress, instructional, program, goal development, accommodations, placement,
and teaching methodology for students with disabilities who are accessing the
general education curriculum and the standards of learning; and to demonstrate
the use of assessment, evaluation, and other information to develop and implement
individual educational planning and group instruction with students with
disabilities who are accessing the general education curriculum across the K-12
grade levels.
c. Transitioning. Skills in this area include the ability
to prepare students and work with families and community agencies to provide
successful student transitions throughout the educational experience to include
postsecondary education training, employment, and independent living which
addresses an understanding of long-term planning, career development, life
skills, community experiences and resources, self-advocacy, and
self-determination, guardianship, and legal considerations.
d. Instructional strategies in reading and writing.
(1) An understanding and application of service delivery,
curriculum, and instruction of students with disabilities in reading and
writing.
(2) Knowledge of the general curriculum, English
requirements and expectations, and how to provide access to the curriculum
based on student characteristics and needs.
(3) Ability to assess, interpret data, and implement
instructional practices to address the identified reading needs of the
students. Skills in this area include the ability to identify, understand, and
implement a range of specialized instructional strategies and research-based
interventions that reflect best practice in reading and writing instruction for
students with disabilities.
(4) Ability to align the instructional practices and
intervention with the Standards of Learning and state assessments.
(5) Knowledge and ability to utilize current assistive and
instructional reading and writing technologies to promote learning and
independence for students with disabilities in the general curriculum and the
ability to evaluate the effectiveness of the use of the technologies.
(6) Ability to develop and use curriculum-based and
standardized reading and writing assessments to conduct ongoing evaluations of
instructional materials and practices to determine effectiveness and assess
student needs as related to the curriculum design and delivery.
(7) Ability to model and directly teach reading and writing
instructional strategies in a variety of settings, collaborate and co-teach
with general educators to develop and implement instructional practices that meet
the needs of students with disabilities in the general curriculum, and monitor
student progress.
e. Instructional strategies in mathematics.
(1) An understanding and application of service delivery,
curriculum, and instruction of students with disabilities in mathematics.
(2) Knowledge of the general curriculum mathematics
requirements and expectations and how to provide access to the curriculum based
on student characteristics and needs.
(3) Ability to assess, interpret data, and implement
instructional practices to address calculations, reasoning, and problem-solving
skills. Skills in this area include the ability to understand and use a range
of specialized mathematics instructional strategies and research-based
interventions that reflect best practice in mathematics instruction for
students with disabilities.
(4) Ability to align the instructional practices and
intervention with the Standards of Learning and state assessments.
(5) Knowledge of and ability to utilize current mathematics
related assistive and instructional technologies to promote learning and
independence for students with disabilities in the general curriculum and the
ability to evaluate the effectiveness of the use of the technologies.
(6) Ability to develop and use curriculum-based and
standardized mathematics assessments to conduct ongoing evaluations of
instructional materials and practices to determine effectiveness and assess
student needs as it relates to the mathematics curriculum design and delivery.
(7) Ability to model and directly teach mathematics
instructional strategies in a variety of settings, collaborate and co-teach
with general educators to develop and implement instructional practices that
meet the needs of students with disabilities in the mathematics general
curriculum, and monitor student progress.
3. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
4. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-530. Special education – general curriculum
secondary education grades 6-12 (add-on endorsement).
The program in special education - general curriculum
secondary education grades 6-12 (add-on endorsement) shall ensure that the
candidate holds an active license with an endorsement in English, history and
social sciences, mathematics, biology, chemistry, Earth science, or physics
issued by the Virginia Board of Education and has demonstrated the following
competencies. The candidate must:
1. Hold a license issued by the Virginia Board of Education
with an endorsement in English, history and social sciences, mathematics,
biology, chemistry, Earth science, or physics.
2. Have completed competencies in the education of students
with disabilities distributed in each of the following areas:
a. Foundations. Characteristics that include knowledge of
the foundation for educating students with disabilities; historical, ethical,
and legal aspects that include an understanding and application of the federal
and state regulatory requirements; and expectations associated with
identification, education, and evaluation of students with disabilities.
b. Individualized education program development and
implementation. Knowledge of the eligibility process and legal and regulatory
requirements of IEP development including timelines, components, team composition,
roles, and responsibilities. Skills in this area include the ability to apply
knowledge of assessment and evaluation throughout the K-12 grade levels to
construct, use, and interpret a variety of standardized and nonstandardized
data collection techniques; to make decisions about student progress,
instructional, program, goal development, accommodations, placement, and
teaching methodology for students with disabilities who are accessing the
general education curriculum and the standards of learning; and to demonstrate
the use of assessment, evaluation, and other information to develop and
implement individual educational planning and group instruction with students
with disabilities who are accessing the general education curriculum across the
K-12 grade levels.
c. Transitioning. Skills in this area include the ability
to prepare students and work with families and community agencies to provide
successful student transitions throughout the educational experience to include
postsecondary education training, employment, and independent living which
addresses an understanding of long-term planning, career development, life
skills, community experiences and resources, self-advocacy, and
self-determination, guardianship, and legal considerations.
d. Instructional strategies in reading and writing.
(1) An understanding and application of service delivery,
curriculum, and instruction of students with disabilities in reading and
writing.
(2) Knowledge of the general curriculum, English
requirements and expectations, and how to provide access to the curriculum
based on student characteristics and needs.
(3) Ability to assess, interpret data, and implement
instructional practices to address the identified reading needs of the
students. Skills in this area include the ability to identify, understand, and
implement a range of specialized instructional strategies and research-based
interventions that reflect best practice in reading and writing instruction for
students with disabilities.
(4) Ability to align the instructional practices and
intervention with the Standards of Learning and state assessments.
(5) Knowledge and ability to utilize current assistive and
instructional reading and writing technologies to promote learning and
independence for students with disabilities in the general curriculum and the
ability to evaluate the effectiveness of the use of the technologies.
(6) Ability to develop and use curriculum-based and
standardized reading and writing assessments to conduct ongoing evaluations of
instructional materials and practices to determine effectiveness and assess
student needs as related to the curriculum design and delivery.
(7) Ability to model and directly teach reading and writing
instructional strategies in a variety of settings, collaborate and co-teach
with general educators to develop and implement instructional practices that
meet the needs of students with disabilities in the general curriculum, and
monitor student progress.
e. Instructional strategies in mathematics.
(1) An understanding and application of service delivery,
curriculum, and instruction of students with disabilities in mathematics.
(2) Knowledge of the general curriculum mathematics
requirements and expectations and how to provide access to the curriculum based
on student characteristics and needs.
(3) Ability to assess, interpret data, and implement
instructional practices to address calculations, reasoning, and problem-solving
skills. Skills in this area include the ability to understand and use a range
of specialized mathematics instructional strategies and research-based
interventions that reflect best practice in mathematics instruction for
students with disabilities.
(4) Ability to align the instructional practices and
intervention with the Standards of Learning and state assessments.
(5) Knowledge of and ability to utilize current mathematics
related assistive and instructional technologies to promote learning and
independence for students with disabilities in the general curriculum and the
ability to evaluate the effectiveness of the use of the technologies.
(6) Ability to develop and use curriculum-based and
standardized mathematics assessments to conduct ongoing evaluations of
instructional materials and practices to determine effectiveness and assess
student needs as it relates to the mathematics curriculum design and delivery.
(7) Ability to model and directly teach mathematics
instructional strategies in a variety of settings, collaborate and co-teach
with general educators to develop and implement instructional practices that
meet the needs of students with disabilities in the mathematics general
curriculum, and monitor student progress.
3. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
4. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-540. Speech communication (add-on endorsement).
The program in speech communication shall ensure that the
candidate holds an active license with a teaching endorsement or endorsements
issued by the Virginia Board of Education and has demonstrated the following
competencies:
1. Understanding and knowledge of oral communication,
including language acquisition involving the processes of expressive and
receptive language and voice production involving the aesthetics of speech;
2. Understanding and knowledge of common speech production
patterns, including articulation, pronunciation, and dialectical variances as
these relate to standard English patterns;
3. Understanding the components of effective messages,
including appropriate use of language, voice and diction, and nonverbal
elements;
4. Understanding of and proficiency in effective
communication, including interpersonal communication, small group
communication, skills contributing to effective listening, the art of
persuasion, oral interpretation, group discussion, mass communication, public
speaking, and debate, verbal and nonverbal messages, and the ability to
critique such communication interactions;
5. Understanding media, digital, and visual literacy and
the skills to evaluate and utilize these literacies in presentations;
6. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing;
7. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes;
8. Skills necessary to teach research including ethical
accessing, evaluating, organizing, crediting, and synthesizing information as
needed for speech communication; and
9. Knowledge of the Computer Technology Standards of
Learning and their integration into Speech Communication.
8VAC20-543-550. Theatre arts preK-12.
The program in theatre arts preK-12 shall ensure that the
candidate has demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes of
the theatre arts discipline as defined in the Virginia Standards of Learning
and how these provide a necessary foundation integral to teaching theatre arts.
2. Understanding of the knowledge, skills, and processes
for teaching theatre arts to the developmental levels and academic needs of
students in preK-12, including the following:
a. Experience in planning, developing, administering, and
evaluating a program of theatre arts education;
b. Knowledge and understanding for teaching theatre arts,
including performance and production; theatre history and cultural context;
analysis, evaluation, and critique; and aesthetics;
c. Directing;
d. Technical theatre, including lighting, set design, stage
craft, costuming, makeup, and safety;
e. Performance, including acting and acting styles;
f. Dramatic literature;
g. The relationship of theatre and culture and the
influence of theatre on past and present culture;
h. Knowledge and understanding of technological and
artistic copyright laws;
i. Knowledge and understanding of classroom management and
safety, including performance and studio;
k. Knowledge of instructional and assessment strategies to
foster, support, and enhance student theatre arts learning;
l. Knowledge of related areas of theatre arts, such as art,
dance arts, music, and the visual arts;
m. Knowledge and understanding of technology, with
applications for instruction, resources, artistic expression, administration,
assessment, and communication;
n. Knowledge and understanding of appropriate and sensitive
attention to diversity and cultural understanding; and
o. Observation and student teaching experiences at the
elementary, middle, and secondary levels.
3. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
4. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-560. Visual arts preK-12.
The program in visual arts preK-12 shall ensure that the
candidate has demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes of
the visual arts discipline as defined in the Virginia Standards of Learning,
and how they provide a necessary foundation for teaching the visual arts;
2. Understanding of the knowledge, skills, and processes
for teaching art appropriate to the developmental levels and academic needs of
students in preK-12 including the following areas:
a. Knowledge and experience in planning, developing,
administering, and evaluating a program of visual arts education;
b. Two-dimensional media and concepts: basic and complex
techniques and concepts in two-dimensional design, drawing, painting,
printmaking, computer graphics, and other electronic imagery;
c. Three-dimensional media and concepts: basic and complex
techniques and concepts in three-dimensional design, sculpture, ceramics, fiber
arts, crafts, and computer and other electronic imagery;
d. Knowledge and understanding for teaching the visual
arts, including visual communication and production, art history and cultural
context, analysis, evaluation and critique, and aesthetics;
e. The relationship of visual arts and culture and the
influence of visual arts on past and present cultures;
f. Related areas of visual arts, such as architecture,
dance arts, music, theatre arts, photography, and other expressive arts;
g. Knowledge and understanding of technological and
artistic copyright laws;
h. Knowledge and understanding of classroom management and
safety, including use of toxic art material in various aspects of studio and
classroom work;
i. Knowledge of a variety of instructional and assessment
strategies to foster, support, and enhance student visual arts learning;
j. Knowledge and understanding of technology, with
applications for instruction, resources, artistic expression, administration,
assessment, and communication;
k. Knowledge and understanding of appropriate and sensitive
attention to diversity and cultural understanding; and
l. Observation and student teaching experiences at the
elementary, middle, and secondary levels.
3. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
4. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
Article 4
Administration and Supervision and Support Personnel
8VAC20-543-570. Administration and supervision preK-12.
A. The program in administration and supervision preK-12
shall ensure that the candidate has demonstrated the following competencies:
1. Knowledge, understanding, and application of planning,
assessment, and instructional leadership that builds collective professional
capacity, including;
a. Principles of student motivation, growth, and
development as a foundation for age-appropriate and grade-appropriate
curriculum, instruction, and assessment;
b. Collaborative leadership in gathering and analyzing data
to identify needs to develop and implement a school improvement plan that
results in increased student learning;
c. Planning, implementation, and refinement of
standards-based curriculum aligned with instruction and assessment;
d. Collaborative planning and implementation of a variety
of assessment techniques, including examination of student work, that yield
individual, class, grade level, and school level data as a foundation for
identifying existing competencies and targeting areas in need of further attention;
e. Incorporation of differentiated and effective
instruction that responds to individual learner needs including appropriate
response to cultural, ethnic, and linguistic diversity;
f. Knowledge, understanding, and application of the federal
and state regulatory requirements, and expectations associated with
identification, education, and evaluation of students with disabilities;
g. Collaboratively working with parents and school
personnel to ensure that students with disabilities are included as a valued
part of the school community, and that they receive effective and appropriately
intensive instruction to assist them in meeting the standards set for all
students as well as individual goals outlined in their individualized education
plans (IEPs);
h. Integration of technology in curriculum and instruction
to enhance learner understanding;
i. Identification, analysis, and resolution of problems
using effective problem-solving techniques; and
j. Development, articulation, implementation, and
stewardship of a vision of excellence linked to mission and core beliefs that
promote continuous improvement consistent with the goals of the school
division.
2. Knowledge, understanding, and application of leadership
and organizations, including;
a. The change process of systems, organizations, and
individuals using appropriate and effective adult learning models;
b. Aligning organizational practice, division mission, and
core beliefs for developing and implementing strategic plans;
c. Information sources and processing, including data
collection and data analysis strategies;
d. Using data as a part of ongoing program evaluation to
inform and lead change;
e. Developing a change management strategy for improved
student outcomes;
f. Developing distributed leadership strategies to create
personalized learning environments for diverse schools; and
g. Effective two-way communication skills including
consensus building, negotiation, and mediation skills.
3. Knowledge, understanding, and application of management
and leadership skills that achieve effective and efficient organizational
operations and sustain an instructional program conducive to student academic
progress, including;
a. Alignment of curriculum and instruction and assessment
of the educational program to achieve high academic success at the school and
division or district level;
b. Principles and issues of supervising and leading others
to ensure a working and learning climate that is safe, secure, and respectful
of a diverse school community;
c. Management decisions that ensure successful teaching and
learning including human resources management and development, theories of
motivation, change in school culture, innovation and creativity, conflict
resolution, adult learning, and professional development models;
d. Knowledge, understanding, and application of Virginia's
Guidelines for Uniform Performance Standards and Evaluation Criteria for
Teachers and the Guidelines for Uniform Performance Standards and Evaluation
Criteria for Principals;
e. Principles and issues related to fiscal operations of
school management;
f. Principles and issues related to school facilities and
use of space and time for supporting high-quality school instruction and
student learning;
g. Legal issues impacting school operations and management;
h. Technologies that support management functions; and
i. Application of data-driven decision-making to initiate
and continue improvement in school and classroom practices and student
achievement.
4. Knowledge, understanding, and application of the conditions
and dynamics impacting a diverse school community, including:
a. Emerging issues and trends within school and community
relations;
b. Working collaboratively with staff, families, and
community members to secure resources and to support the success of a diverse
population;
c. Developing appropriate public relations and public
engagement strategies and processes for building and sustaining positive
relationships with families, caregivers, and community partners; and
d. Integration of technology to support communication
efforts.
5. Knowledge, understanding, and application of the purpose
of education and the role of professionalism in advancing educational goals,
including:
a. Philosophy of education that reflects commitment to
principles of honesty, fairness, caring, and equity in day-to-day professional
behavior;
b. Integration of high quality, content rich, job-embedded
professional learning that respects the contribution of all faculty and staff
members in building a diverse professional learning community;
c. Reflective understanding of potential moral and legal
consequences of decision-making in the school setting;
d. Intentional and purposeful effort to model professional,
moral, and ethical standards as well as personal integrity in all interactions;
and
e. Intentional and purposeful effort to model continuous
professional learning and to work collegially and collaboratively with all
members of the school community to support the school's goals and enhance its
collective capacity.
6. Knowledge, understanding, and application of basic
leadership theories and influences that impact schools including:
a. Concepts of leadership including systems theory, change
theory, learning organizations, and current leadership theory;
b. Identify and respond to internal and external forces and
influences on a school;
c. Identify and apply the processes of educational policy
development at the state, local, and school level; and
d. Identify and demonstrate ways to influence educational
policy development at the state, local, and school level.
B. Complete a deliberately structured and supervised
internship that is focused on student academic progress for all students and
1. Provides significant experiences within a school
environment for candidates to synthesize and apply the content knowledge and
develop professional skills through school-based leadership experiences;
2. Shall occur in a public or accredited nonpublic school;
3. Provides exposure to five different multiple sites
(elementary, middle, high, central office, and agency) with diverse student
populations; and
4. Documents a minimum of 320 clock hours, of which at
least 120 clock hours are embedded as experiential field-based opportunities
experienced during coursework.
C. Satisfy the requirements for the school leaders
licensure assessment prescribed by the Board of Education. Individuals seeking
an initial administration and supervision endorsement who are interested in
serving as central office instructional personnel are not required to take and
pass the school leaders assessment prescribed by the Board of Education.
8VAC20-543-580. Mathematics specialist for elementary
education.
A. A mathematics specialist is a teacher in the elementary
grades who has interest and special preparation in mathematics content,
scientifically based research in the teaching and learning of mathematics,
diagnostic and assessment methods, and leadership skills. The school-based
mathematics specialist shall serve as a resource in professional development,
instructing children who have learning difficulties in mathematics, curriculum
development and implementation, mentoring new teachers, and parent and
community education.
B. The mathematics specialist program shall ensure that
the candidate has completed at least three years of successful classroom
teaching experience in which the teaching of mathematics was an important
responsibility and demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes of
the Virginia Mathematics Standards of Learning and how curriculum may be
organized to teach these standards to diverse learners;
2. Understanding of a core knowledge base of concepts and
procedures within the discipline of mathematics, including the following
strands: number systems and number theory; geometry and measurement; statistics
and probability; and functions and algebra;
3. Understanding of the sequential nature of mathematics,
the vertical progression of mathematical standards, and the mathematical
structures inherent in the content strands;
4. Understanding of the connections among mathematical
concepts and procedures and their practical applications;
5. Understanding of and the ability to use the five
processes - becoming mathematical problem-solvers, reasoning mathematically, communicating
mathematically, making mathematical connections, and using mathematical models
and representations - at different levels of complexity;
6. Understanding of major current curriculum studies and
trends in mathematics;
7. Understanding how to utilize appropriate technologies
for teaching and learning mathematics including virtual manipulatives;
8. Understanding of and the ability to select, adapt,
evaluate, and use instructional materials and resources, including professional
journals and technology;
9. Understanding of and the ability to use strategies for
managing, assessing, and monitoring student learning, including diagnosing
student errors;
10. Understanding of and the ability to use strategies to
teach mathematics to diverse learners;
11. Understanding of leadership skills needed to improve
mathematics programs at the school and division levels, including the needs of
high-achieving and low-achieving students and of strategies to challenge them
at appropriate levels; child psychology, including personality and learning
behaviors; educational measurement and evaluation; and effective professional
development approaches;
12. Understanding of how to develop and lead appropriate
professional development based on the needs of students and the school
community;
13. Understanding of how to work with school-based
administration for the improvement of mathematics teaching and learning;
14. Understanding of how to effectively mentor teachers for
the improvement of mathematics teaching and learning;
15. Understanding of how to effectively work with parents
and the at-large community to improve mathematics teaching and learning;
16. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing; and
17. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-590. Mathematics specialist for middle education.
A. A mathematics specialist is a teacher in the middle
grades who has interest and special preparation in mathematics content,
scientifically-based research in the teaching and learning of mathematics,
diagnostic and assessment methods, and leadership skills. The school-based
mathematics specialist shall serve as a resource in professional development,
instructing children who have learning difficulties in mathematics, curriculum
development and implementation, mentoring new teachers, and parent and
community education.
B. The mathematics specialist program shall ensure that
the candidate has completed at least three years of successful classroom
teaching experience in which the teaching of mathematics was an important
responsibility and demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes of
the Virginia Mathematics Standards of Learning and how curriculum may be
organized to teach these standards to diverse learners;
2. Understanding of a core knowledge base of concepts and
procedures within the discipline of mathematics, including the following
strands: number systems and number theory; geometry and measurement; statistics
and probability; and functions and algebra;
3. Understanding of the sequential nature of mathematics,
the vertical progression of mathematical standards, and the mathematical
structures inherent in the content strands;
4. Understanding of the connections among mathematical
concepts and procedures and their practical applications;
5. Understanding of and the ability to use the five
processes - becoming mathematical problem-solvers, reasoning mathematically,
communicating mathematically, making mathematical connections, and using
mathematical models and representations - at different levels of complexity;
6. Understanding of major current curriculum studies and
trends in mathematics;
7. Understanding how to utilize appropriate technologies
for teaching and learning mathematics, including graphing utilities, dynamic
software, spreadsheets, and virtual manipulatives;
8. Understanding of and the ability to select, adapt,
evaluate, and use instructional materials and resources, including professional
journals and technology;
9. Understanding of and the ability to use strategies for
managing, assessing, and monitoring student learning, including diagnosing
student errors;
10. Understanding of and the ability to use strategies to
teach mathematics to diverse learners;
11. Understanding of leadership skills needed to improve
mathematics programs at the school and division levels, including the needs of
high-achieving and low-achieving students and of strategies to challenge them
at appropriate levels; child psychology, including personality and learning
behaviors; educational measurement and evaluation; and effective professional
development approaches;
12. Understanding of how to develop and lead appropriate
professional development based on the needs of students and the school
community;
13. Understanding of how to work with school-based
administration for the improvement of mathematics teaching and learning;
14. Understanding of how to effectively mentor teachers for
the improvement of mathematics teaching and learning;
15. Understanding of how to effectively work with parents
and the at-large community to improve mathematics teaching and learning;
16. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing; and
17. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-600. Reading specialist.
The reading specialist program shall ensure that the
candidate has demonstrated the following competencies:
1. Assessment and diagnostic teaching. The candidate shall:
a. Demonstrate expertise in the use of formal and informal
screening, diagnostic, and progress monitoring assessment for language
proficiency, concepts of print, phonemic awareness, letter recognition,
decoding, fluency, vocabulary, reading levels, and comprehension; and
b. Demonstrate expertise in the ability to use diagnostic
data to inform instruction for acceleration, intervention, remediation, and
differentiation.
2. Communication: speaking, listening, media literacy. The
candidate shall:
a. Demonstrate expertise in the knowledge, skills, and
processes necessary for teaching communication, (speaking, listening, and media
literacy);
b. Demonstrate expertise 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 an understanding of the unique needs of
students with language differences and delays;
e. Demonstrate the ability to promote creative thinking and
expression, such as through storytelling, drama, and choral and oral reading,
etc.; and
f. Demonstrate the ability to teach students to identify
the characteristics of, and apply critical thinking to, media messages and to
facilitate their proficiency in using various forms of media to collaborate and
communicate.
3. Reading. The candidate shall:
a. Demonstrate expertise in explicit and systematic phonics
instruction, including an understanding of sound and symbol relationships,
syllables, phonemes, morphemes, decoding skills, word analysis, and word attack
skills;
b. Demonstrate expertise in the morphology of English
including inflections, prefixes, suffixes, roots, and word relationships;
c. Demonstrate expertise in strategies to increase
vocabulary;
d. Demonstrate expertise in the structure of the English
language, including and understanding of syntax, semantics, and vocabulary
development;
e. Demonstrate expertise in reading comprehension
strategies, including a repertoire of questioning strategies, understanding the
dimensions of word meanings, teaching predicting, inferencing, summarizing,
clarifying, evaluating, and making connections;
f. Demonstrate expertise in the ability to teach strategies
in literal, interpretive, critical, and evaluative comprehension;
g. Demonstrate the ability to develop comprehension skills
in all content areas;
h. Demonstrate the ability to foster appreciation of a
variety of literature; and
i. Understand the importance of promoting independent
reading and reading strategically through a variety of means including by
selecting fiction and nonfiction texts of appropriate yet engaging topics and
reading levels; and
j. Demonstrate effective strategies for teaching students
to view, interpret, analyze, and represent information and concepts in visual
form with or without the spoken or written word.
4. Writing. The candidate shall:
a. Demonstrate expertise in the knowledge, skills, and
processes necessary for teaching writing, including the domains of composing
and written expression and usage and mechanics and the writing process of
planning, drafting, revising, editing, and sharing;
b. Demonstrate expertise 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 expertise to teach the writing process:
plan, draft, revise, edit, and share in the narrative, descriptive, and
explanative modes.
5. Technology. The candidate shall demonstrate expertise in
their use of technology for both process and product as they work to guide
students with reading, writing, and research.
6. Leadership, coaching, and specialization. The candidate
shall:
a. Demonstrate an understanding of developmental
psychology, including personality and learning behaviors;
b. Demonstrate an understanding of the needs of high
achieving students and of strategies to challenge them at appropriate levels;
c. Demonstrate an understanding of the significance of
cultural contexts upon language;
d. Demonstrate an understanding of varying degrees of
learning disabilities;
e. Demonstrate expertise with educational measurement and
evaluation including validity, reliability, and normative comparisons in test
design and selections;
f. Demonstrate expertise to interpret grade equivalents,
percentile ranks, normal curve equivalents, and standards scores;
g. Demonstrate the ability to instruct and advise teachers
in the skills necessary to differentiate reading instruction for both low and
high achieving readers;
h. Demonstrate the ability to coach and support teachers
through classroom observations, demonstrations, co-teaching, and other forms of
job-embedded professional development;
i. Demonstrate the ability to organize and supervise the
reading program within the classroom, school, or division;
j. Demonstrate effective communication skills in working
with a variety of groups, including parents, teachers, administrators,
community leaders, etc.;
k. Demonstrate knowledge of current research and exemplary
practices in English and reading;
l. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing; and
m. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-610. School counselor preK-12.
The school counselor preK-12 program shall ensure that the
candidate has demonstrated the following competencies:
1. The ability to support students by cooperatively working
with parents and guardians and teachers.
2. Understanding of the principles and theories of human
growth and development throughout the lifespan and their implications for
school counseling.
3. Understanding of the social and cultural foundations of
education and their implications for school counseling programs.
4. Understanding of lifespan career development.
5. Understanding of the skills and processes for counseling
students to include:
a. Individual and group counseling for academic
development;
b. Individual and group counseling for career development;
and
c. Individual and group counseling for personal and social
development.
6. Understanding of the knowledge, skills, and processes
for providing developmental group guidance, including:
a. Academic development;
b. Career development; and
c. Personal and social development.
7. Understanding of the skills and processes related to the
school counseling program at the elementary, middle, and secondary levels,
including:
a. Characteristics of learners at the elementary, middle,
and secondary levels;
b. Program planning;
c. Coordination; and
d. Consultation.
8. Understanding of the knowledge, skills, and processes of
student appraisal and assessment relative to school guidance and counseling
programs, including:
a. Individual assessment; and
b. Group assessment.
9. Understanding of the school counseling professional,
including:
a. Legal considerations;
b. Ethical considerations; and
c. Professional issues and standards.
10. Understanding of the skills and processes of research
and evaluation aimed at improving school counseling programs.
11. Understanding work-based learning methods of
instruction such as internship, job shadowing, cooperative education,
mentorship, service learning, clinical, and youth apprenticeship,
12. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
13. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
14. The program shall include at least 100 clock hours of
internship and practicum experience in the preK-6 setting and 100 clock hours
of internship and practicum experience in the grades 7-12 setting.
8VAC20-543-620. School psychology.
The school psychology program shall ensure that the
candidate has demonstrated the following competencies:
1. Knowledge of basic teaching and learning principles and
the conditions under which they operate maximally (academic environment and
instructional match).
2. Knowledge and application of psychological foundations of
human functioning including biological bases of behavior; cultural diversity;
infant, child, and adolescent development; effects of poverty and lack of
opportunity on learning; interplay between behavior, learning and motivation;
personality theory; human learning; and social bases of behavior and mental
health, to ensure student academic achievement, student growth and development,
and mental health.
3. Knowledge of and skill at applying educational
foundations of schooling, including education of exceptional learners;
evidence-based instructional and remedial interventions, techniques, and
strategies; formative and summative evaluation; evidence-based behavioral
interventions; and organization and operations of schools, to ensure effective
collaboration with other school professionals toward implementing school
practices that promote learning and mental health.
4. Knowledge of various methods for assessing students'
cognitive processes and abilities and skill in administering a variety of such
methods; knowledge of various methods for assessing student academic strengths
and weaknesses and skill in administering a variety of such methods; knowledge
of various methods for assessing student interpersonal emotional and social and
behavioral functioning and skill in administering a variety of such methods;
and knowledge of universal screening measures designed for early and tiered
academic and behavioral intervention. Knowledge of a variety of progress
monitoring tools, especially student growth percentiles and skill in
implementing at least two such tools.
5. Understanding and knowledge of direct and indirect
methods of academic and behavioral intervention, and proficiency in delivering
such interventions including:
a. Counseling on an individual, group, and family basis;
b. Consulting with administrators, teachers, parents, and
other professionals about student problems and appropriate change strategies;
c. Designing and implementing individual and group behavior
change programs; designing, implementing, and evaluating crisis intervention
and threat (self-directed and other-directed) assessment programs; and
d. Designing and implementing academic and instructional
interventions.
6. Statistics and research design, measurement, and program
evaluation.
7. The profession of psychology applied to schools,
including:
a. Basic knowledge of the standards of practice promoted by
the National Association of School Psychologists (NASP);
b. Knowledge of and skill with several basic
problem-solving schemes;
c. Knowledge of and ability to identify the variety of
mental health problems exhibited by infants, children, and adolescents through
age 21, including the ability to collaborate with other community-based
professionals and private practitioners in providing wraparound services to the
extent possible (systems of care philosophy);
d. History and foundations of school psychology;
e. Legal and ethical issues of practicing in schools;
f. Professional issues and standards related to practicing
as a psychologist in a public school setting; and
g. Knowledge of the roles of all individuals practicing and
working in a public school setting.
8. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
9. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
10. The candidate shall have earned a baccalaureate degree
from a regionally accredited college or university and completed 60 graduate
hours, 54 of which are academic coursework, exclusive of field-based
experiences, that culminate in at least a master's degree.
11. The candidate shall complete an internship that is documented
by the degree granting institution. The internship experience shall occur on a
full-time basis over a period of one year or on a half-time basis over a period
of two consecutive years. The internship shall occur under conditions of
appropriate supervision (i.e., the school-based supervisor shall be licensed as
either a school or clinical psychologist). The internship shall include
experiences at multiple age levels, at least one half of which shall be in an
accredited schooling setting.
8VAC20-543-630. School social worker.
The school social worker program shall ensure that the
candidate has demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes
for direct and indirect intervention, including:
a. Facilitating integrated intervention efforts that
emphasize primary prevention, early screening, and multi-tiered interventions
that target multiple risk factors in various settings;
b. Identifying approaches that seek to improve individual
and system factors contributing to academic success and data-informed decision
making and intervention fidelity;
c. Counseling on an individual, group, or family basis;
d. Consulting with administrators, teachers, parents, and
other professionals about student problems and appropriate change strategies;
e. Networking and brokering with school programs and
community agencies to provide essential services for families and children; and
f. Skills in collaborating with and facilitating
collaboration among students, parents, members, administrators, teachers, and
staff to identify ways to intervene early, reduce barriers to learning, and
improve student outcomes.
2. Understanding of child development, psychopathology,
social and environmental conditioning, cultural diversity, and family systems
including:
a. Acknowledgment of the interrelatedness of various
ecological systems such as education, juvenile justice, family and children's
health, mental health, and child protective services; and
b. Knowledge of social problem impact on student
performance and behaviors.
3. Understanding of the knowledge, skills, and processes
for effective casework practice:
a. Examine factors in home, school, and community that
impact students' educational performance and success; and
b. Assist in reducing identified barriers to learning.
4. Specialized knowledge and understanding of the
organization and operations of school systems including:
a. Historical and current perspectives of public school
education at the local, state, and national levels, including educational
reform and legislation; and
b. Identifying and conveying the impact social problems,
within ecological systems of home, school, and community, have on student
performance in the educational setting.
5. Understanding of the knowledge, skills, and processes
involved with assessing and programming for exceptional students including:
a. Skills in implementing systematic assessment, data
gathering and interpretation at multiple levels, and developing action plans to
address the areas of need;
b. Identifying and utilizing research-based interventions
to enhance the educational opportunities and school performance of vulnerable
and at-risk populations;
c. Providing leadership in developing prevention programs
and policies with administrators that impact school climate, student learning,
and academic success; and
d. Ability to facilitate team decision-making and
problem-solving strategies.
6. Understanding of the school social work profession,
including:
a. History and foundations of school social work;
b. Legal and ethical issues;
c. Professional issues and standards; and
d. The role and function of the school social worker to
include contextual variables influencing school social work roles and functions
(e.g., political, legal, ethical, and value-based issues) that confront
schools.
7. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
8. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
9. The candidate shall have earned a master's of social
work degree from a regionally accredited college or university school of social
work with a minimum of 60 graduate semester hours.
10. The candidate shall complete a minimum of six graduate
semester hours in education to include six semester hours from two of the
following courses:
a. The teaching profession (3 semester hours);
b. Characteristics of special education (3 semester hours);
c. Human development and learning (3 semester hours); or
d. Classroom and behavior management (3 semester hours).
11. The candidate shall complete a supervised practicum or
field experience of a minimum of 400 clock hours in a public or accredited
nonpublic school discharging the duties of a school social worker. One year of
successful, full-time experience as a school social worker in a public or
accredited nonpublic school may be accepted in lieu of the school social work
practicum.
8VAC20-543-640. Vocational evaluator.
The vocational evaluator program shall ensure that the
candidate has demonstrated the following competencies:
1. Understanding of the foundations of vocational
evaluation and career assessment, including philosophy and process of
vocational evaluation and assessment, use of occupational and labor market
information, and functional aspects of physical, mental and intellectual
disabilities.
2. Understanding of the basic concepts and skills of
planning for and delivering vocational evaluation and career assessment
services, including the use of vocational interviewing, individualized service
planning, report development and communication, and use of modifications and
accommodations.
3. Ability to modify standard instruments and to develop
new instruments to respond to labor markets or individual needs.
4. Understanding of the federal and state laws and
regulations pertaining to special education (Individuals with Disabilities
Education Act), rehabilitation (Rehabilitation Act and the Americans with
Disabilities Act.)
5. Understanding of the content, processes, and skills
necessary to administer and report findings of standardized testing, including
knowledge of tests and measurements and selection and use of appropriate
instruments.
6. Above average communication skills in order to explain
assessment information to school personnel, parents, students, and other
service providers
7. Understanding of natural supports and assistive technology.
8. Ability to select, administer, and interpret a wide
assortment of evaluation instruments which includes commercial work sample
systems, and situational assessments.
9. Understanding and knowledge of specific assessment
techniques and skills and the processes for conducting vocational evaluation
and career assessment, including:
a. Job and training analysis;
b. Work samples and systems;
c. Situational and community-based assessment;
d. Behavioral observation;
e. Learning and functional skills assessment; and
f. Work site assessment (ecological assessment).
10. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
11. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
NOTICE: The following
form used in administering the regulation was filed by the agency. The form is
not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name of the form with a hyperlink to
access it. The form is also available from the agency contact or may be viewed
at the Office of the Registrar of Regulations, General Assembly Building, 2nd
Floor, Richmond, Virginia 23219.
FORMS (8VAC20-543)
Request
for New Education Program Endorsement Area (undated)
VA.R. Doc. No. R13-3477; Filed July 27, 2015, 12:31 p.m.
TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Proposed Regulation
Titles of Regulations: 8VAC20-542. Regulations
Governing the Review and Approval of Education Programs in Virginia (repealing 8VAC20-542-10 through
8VAC20-542-600).
8VAC20-543. Regulations Governing the Review and Approval of
Education Programs in Virginia (adding 8VAC20-543-10 through 8VAC20-543-640).
Statutory Authority: §§ 22.1-16 and 22.1-298.2 of
the Code of Virginia.
Public Hearing Information:
October 22, 2015 - 11 a.m. - James Monroe Building, 101
North 14th Street, 22nd Floor, Conference Room, Richmond, VA 23219. The public
hearing will begin immediately following adjournment of the Board of Education
business meeting.
Public Comment Deadline: October 31, 2015.
Agency Contact: Patty S. Pitts, Assistant Superintendent
for Teacher Education and Licensure, Department of Education, P.O. Box 2120,
Richmond, VA 23218, telephone (804) 371-2522, or email
patty.pitts@doe.virginia.gov.
Basis: The bases for the regulation are the following:
Section 4 of Article VIII of the Constitution of Virginia,
which provides that the general supervision of the public school system shall
be vested in a Board of Education.
Section 22.1-16 of the Code of Virginia, which authorizes the
board to promulgate such regulations as may be necessary to carry out its
powers and duties.
Section 22.1-298.2 of the Code of Virginia, which states that
education preparation programs shall meet the requirements for accreditation
and program approval as prescribed by the Board of Education in its
regulations.
Section 22.1-305.2 of the Code of Virginia regarding the
Advisory Board on Teacher Education and Licensure.
Purpose: The proposed regulatory action is essential to
protect the health, safety, or welfare of citizens as the regulations set forth
the requirements for college and university programs that prepare instructional
personnel to be accredited and approved. The completion of an approved program
prepares an individual to be licensed by the Virginia Board of Education.
Section 22.1-298.2 of the Code of Virginia, states, in part,
the following: "Education preparation programs shall meet the requirements
for accreditation and program approval as prescribed by the Board of Education
in its regulations."
On September 21, 2007, Regulations Governing the Review and
Approval of Education Programs in Virginia, promulgated by the Board of
Education, became effective. One additional amendment became effective on
January 19, 2011, in response to a requirement of the 2010 Virginia General
Assembly to include local government and civics instruction specific to
Virginia in certain preparation programs.
A comprehensive review of the Regulations Governing the Review
and Approval of Education Programs in Virginia was conducted, and the regulations
in their entirety were examined. The proposed action is to repeal the existing
chapter and promulgate a new chapter.
Substance: The proposed new regulations are outlined in
detail under the Detail of Changes section in the Proposed Regulation Agency
Background Document on the Virginia Regulatory Town Hall. Substantive elements
of the proposed new regulations focus on revision of selected definitions to
conform with changes in the proposed new regulations; modifications in
administration of the proposed new regulations, including national
accreditation for all approved Virginia professional education programs and
increased rigor in biennial measures of accountability; addition of new
education program endorsement areas in mathematics, engineering, and special
education and increased rigor in professional studies requirements for selected
education program endorsement areas.
Issues: The primary advantage to the public and the
Commonwealth is to ensure that programs preparing instructional personnel are
reviewed according to Board of Education standards. Institutions of higher
education are accountable to meet statutory and regulatory requirements to
continue to offer approved preparation programs. In addition, an amendment will
require all professional education programs in Virginia to be accredited by the
Council for the Accreditation of Educator Preparation (CAEP), thereby,
requiring national accreditation and Board of Education approval. An issue for
institutions of higher education is the cost associated with obtaining and
maintaining national accreditation.
Department of Planning and Budget's Econonic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. The Board of
Education (Board) proposes to repeal the current regulation (8VAC20-542) and
replace it with a new regulation (8VAC20-543). In doing so, the Board proposes
numerous amendments to the rules including:
• Revising definitions for accredited program, biennial
accountability measures, biennial report, field experiences, professional
education program, and regional accrediting agency.
• Adding definitions for Annual Report Card, education
endorsement program, program completers, and program non-completers.
• Eliminating definitions for candidates completing a program,
candidates exiting a program, distance learning, education program,
exceptionalities, full-time faculty, general education, governance, part-time
faculty, pedagogical studies, professional education faculty, scholarly
activities, and school faculty.1
• Removing the professional studies coursework cap.
• Allowing professional studies coursework and methodology to
include field experiences to be designated for completion within a
baccalaureate degree program.2
• Requiring education programs to ensure that candidates complete
training or certification in emergency first aid, cardiopulmonary
resuscitation, and the use of automated external defibrillators.3
• Eliminating the option for the Board to approve the
professional education process and require all professional education programs
to be accredited by a national organization.4
• Revising the biennial standards for candidate progress and
performance on Board licensure assessments.
• Modifying the student teaching requirements to stipulate
continuous, systematic supervised clinical experiences comprised of early field
experiences with a minimum of ten weeks of full-time student teaching under the
supervision of a cooperating teacher with demonstrated effectiveness in the
classroom, as indicated by a proficient or exemplary evaluation rating.
•·Expanding indicators for evidence of employer job
satisfaction with candidates completing the program to require documentation to
address teacher performance, including student academic progress.
• Mandating that ratings for education endorsement programs
include national accreditation of professional education programs as a
prerequisite to education endorsement program approval and a description of
education endorsement program candidates biennial passing rates, reported by
percentages.
• Expanding the approved with stipulations rating to more
clearly define consequences for education endorsement programs that fall below
the 80 percent biennial passing rate for program completers and non-completers.
• Amending the approval denied rating to more clearly define
how this standard is applied.
• Requiring accredited professional education programs to
submit a new Annual Report Card that includes yearly data on the preparation of
professional school personnel.
• Amending the competencies language for all educational
endorsement programs to include general and specific competencies and
requirements for education endorsement programs.
• Deleting language describing education program endorsements
in career and technical education-industrial cooperative training (ICT) and
special education-speech-language disorders preK-12.5
• Adding education program endorsements in engineering; special
education-general curriculum K-6, middle grades 6-8, and secondary education
grades 6-12; and mathematics specialist for middle education.
Result of Analysis. The benefits likely exceed the costs for
some changes. For other amendments, whether the benefits exceed the costs
depend on the policy views of the observer.
Estimated Economic Impact.
1. First Aid, CPR, and AED Training: The legislatively mandated
proposal to specify that education programs ensure that candidates complete
training or certification in emergency first aid, cardiopulmonary
resuscitation, and the use of automated external defibrillators will introduce
significant benefits and costs. Having all (or nearly all) teachers educated in
the Commonwealth trained in emergency first aid, cardiopulmonary resuscitation,
and the use of automated external defibrillators will increase the likelihood
that someone with potentially lifesaving skills will be on hand during medical
emergencies in the classroom. To the extent that the future teachers absorb and
retain the knowledge they gain in this training, the long-run benefits may be
quite significant.
For onsite training in emergency first aid, cardiopulmonary
resuscitation, and the use of automated external defibrillators, the American
Red Cross charges $250 plus $72 per student if there are at least 20 students.
So for example, an education program with 50 students the fees would total
$3,850.6 If done all in person, the Red Cross
training would take 5.5 hours. Alternatively, the students could do 2 hours of
online training ahead of time. In that case the in-person training would last
1.5 hours. The fees would be the same in either case, but the amount of time
that potentially could have been used for other subjects differs.
2. Education Program Accreditation: Under the current
regulations, Professional education programs in Virginia shall obtain and
maintain national accreditation from the National Council for the Accreditation
of Teacher Education (NCATE) and the Teacher Education Accreditation Council
(TEAC), or a process approved by the Board of Education. Of the 37 Virginia
colleges with professional education programs, 28 have national accreditation
and 9 have accreditation via the Board-approved process. The proposal to
eliminate the option for the Board to approve the professional education
process and require all professional education programs to be accredited by a
national organization will increase costs for the 9 colleges whose professional
education programs are not yet nationally accredited.
On July 1, 2013, the NCATE and TEAC merged, creating the
Council for the Accreditation of Educator Preparation (CAEP), the new sole
national accreditor for educator preparation.7
The CAEP accreditation visit fee ranges from $5,250 to $14,000, depending on
the size of the required visit team. The annual CAEP fee is based upon the
number of program completers in the professional education program. The
following table displays the CAEP annual fee range:
2014-2015 CAEP EPP Fees
(July 1, 2014 - June 30, 2015)
|
Completers
|
Annual Fees
|
1 - 50
|
$2,320
|
51 - 150
|
$2,575
|
151 - 300
|
$2,935
|
301 - 500
|
$3,400
|
501 - 1000
|
$4,480
|
1000+
|
$5,200
|
Since 28 out of the 37 Virginia colleges with professional
education programs have already opted to have national accreditation, it
appears that there is significant benefit associated with having national
accreditation. Thus taking into account this benefit, the net cost to the 9
colleges whose professional education programs are not yet nationally
accredited will likely be significantly less than just considering their
additional financial cost. The proposal to eliminate the option for the Board
to approve the professional education process and require all professional
education programs to be accredited by a national organization also enables the
Virginia Department of Education to reallocate staff resources to be used in
other productive ways. This produces an additional benefit.
Businesses and Entities Affected. The proposed amendments
affect the 37 colleges and universities in Virginia that have education
programs, the 132 public school divisions in the Commonwealth, current and future
teachers, and businesses or organizations that provide training in emergency
first aid, cardiopulmonary resuscitation, and the use of automated external
defibrillators.
Localities Particularly Affected. The proposed amendments do
not disproportionately affect particular localities.
Projected Impact on Employment. The requirement that education
programs ensure that candidates complete training or certification in emergency
first aid, cardiopulmonary resuscitation, and the use of automated external
defibrillators will increase demand for these services from businesses and
organizations that provide such training. The increase in demand may be enough
to create additional jobs.
Effects on the Use and Value of Private Property. The
requirement that education programs ensure that candidates complete training or
certification in emergency first aid, cardiopulmonary resuscitation, and the
use of automated external defibrillators will likely increase business for
firms that provide such training.
Small Businesses: Costs and Other Effects. The proposed
amendments are unlikely to significantly affect costs for small businesses. The
requirement that education programs ensure that candidates complete training or
certification in emergency first aid, cardiopulmonary resuscitation, and the
use of automated external defibrillators will increase demand for small firms
that provide such training.
Small Businesses: Alternative Method that Minimizes Adverse
Impact. The proposed amendments will not adversely affect small businesses.
Real Estate Development Costs. The proposed amendments are
unlikely to significantly affect real estate development costs.
Legal Mandate. General: The Department of Planning and Budget
(DPB) has analyzed the economic impact of this proposed regulation in
accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order
Number 14 (2010). Section 2.2-4007.04 requires that such economic impact
analyses determine the public benefits and costs of the proposed amendments.
Further the report should include but not be limited to:
• the projected number of businesses or other entities to whom
the proposed regulatory action would apply,
• the identity of any localities and types of businesses or
other entities particularly affected,
• the projected number of persons and employment positions to
be affected,
• the projected costs to affected businesses or entities to
implement or comply with the regulation, and
• the impact on the use and value of private property.
Small Businesses: If the proposed regulatory action will have
an adverse effect on small businesses, § 2.2-4007.04 requires that such
economic impact analyses include:
• an identification and estimate of the number of small
businesses subject to the proposed regulation,
• the projected reporting, recordkeeping, and other
administrative costs required for small businesses to comply with the proposed
regulation, including the type of professional skills necessary for preparing
required reports and other documents,
• a statement of the probable effect of the proposed regulation
on affected small businesses, and
• a description of any less intrusive or less costly
alternative methods of achieving the purpose of the proposed regulation.
Additionally, pursuant to § 2.2-4007.1, if there is a finding
that a proposed regulation may have an adverse impact on small business, the
Joint Commission on Administrative Rules is notified at the time the proposed
regulation is submitted to the Virginia Register of Regulations for
publication. This analysis shall represent DPB's best estimate for the purposes
of public review and comment on the proposed regulation.
________________________________________________
1DOE indicated that presently, these definitions
primarily refer to terms used in the Board-approved accreditation process.
Since that option for accreditation is being eliminated, these terms would
become obsolete and are therefore being repealed.
2Field experiences are currently excluded.
3This change was mandated by Chapter 498 of the 2013
Acts of Assembly.
4According to DOE, this change is expected to affect
nine institutions of higher education.
5According to DOE, the ICT program was never used so it
was eliminated from the regulatory text. The change to the special education
program resulted from a joint effort with the Department of Health Professions
(DHP) to eliminate confusion as to whether these individuals should be licensed
by DHP or DOE. Chapter 781 of the 2014 Acts of Assembly clarified that DHP
would issue the licenses; therefore DOE is eliminating references to the
program from its regulations.
6$250 + (50 x $72) = $3,850
7Source: Council for the Accreditation of Educator
Preparation website (http://caepnet.org/about/history/)
Agency Response to Economic Impact Analysis: The agency
concurs with the economic impact analysis completed by the Department of
Planning and Budget. The agency will continue to examine the economic and
administrative impact of the regulations as they progress through the
regulatory process.
Summary:
The proposed action repeals existing regulations
(8VAC20-542) and adopts new regulations (8VAC20-543) regarding educational
programs that prepare instructional personnel to be accredited and approved for
licensure by the Board of Education. Substantive elements of the proposed new
regulations focus on (i) revision of selected definitions to conform with
changes in the proposed new regulations; (ii) modifications in administration
of the proposed new regulations, including national accreditation for all approved
Virginia professional education programs and increased rigor in biennial
measures of accountability; (iii) addition of new educational program
endorsement areas in mathematics, engineering, and special education; and (iv)
increased rigor in professional studies requirements for selected education
program endorsement areas.
CHAPTER 543
REGULATIONS GOVERNING THE REVIEW AND APPROVAL OF EDUCATION PROGRAMS IN
VIRGINIA
Part I
Definitions
8VAC20-543-10. Definitions.
The following words and terms when used in this chapter
shall have the meanings indicated unless the context implies otherwise:
"Accreditation" means a process for assessing
and improving academic and educational quality through voluntary peer review.
This process informs the public that an institution has a professional
education program that has met national standards of educational quality.
"Accredited institution" means an institution of
higher education accredited by a regional accrediting agency recognized by the
United States Department of Education.
"Accredited program" means a Virginia
professional education program accredited by the Council for the Accreditation
of Educator Preparation (CAEP), including CAEP/National Council for the
Accreditation of Teacher Education (NCATE) and CAEP/Teacher Education
Accreditation Council (TEAC).
"Annual report card" means the Virginia
Department of Education yearly data report card required of all professional
education programs in Virginia that offer approved programs for the preparation
of school personnel.
"Biennial accountability measures" means those
specific benchmarks set forth in 8VAC20-543-40 to meet the standards required
to obtain or maintain education endorsement program approval status.
"Biennial accountability measurement report"
means the compliance report submitted to the Virginia Department of Education
every two years by an accredited professional education program.
"Candidates" means individuals enrolled in
education programs.
"Department" means the Virginia Department of
Education.
"Diversity" means the wide range of differences
among groups of people and individuals based on ethnicity, race, socioeconomic
status, gender, exceptionalities, language, religion, and geographical area.
"Education endorsement program" means a
state-approved course of study, the completion of which signifies that an
enrollee has met all the state's educational and training requirements for
initial licensure in a specified endorsement area.
"Field experiences" means program components
that are (i) conducted in off-campus settings or on-campus settings dedicated
to the instruction of children who would or could otherwise be served by school
divisions in Virginia or accredited nonpublic schools and (ii) accredited for
this purpose by external entities such as regional accrediting agencies. Field
experiences include classroom observations, tutoring, assisting teachers and
school administrators, and supervised clinical experiences (i.e., practica,
student teaching, and internships).
"Indicators" means operational definitions that
suggest the kinds of evidence that professional education programs shall
provide to demonstrate that a standard is met.
"Instructional technology" means the theory and
practice of design, development, utilization, management, and evaluation of
processes and resources for learning and the use of computers and other
technologies.
"Licensing" means the official recognition by a
state governmental agency that an individual has met state requirements and is,
therefore, approved to practice as a licensed professional.
"Professional education program" means the
Virginia institution, college, school, department or other administrative body
within a Virginia institution of higher education, or another Virginia entity,
for a defined education program that is primarily responsible for the preparation
of teachers and other professional school personnel.
"Professional studies" means courses and other
learning experiences designed to prepare candidates to demonstrate competence
in the areas of human development and learning, curriculum and instruction,
assessment of and for learning, classroom and behavior management, the teaching
profession, reading, and supervised clinical experiences.
"Program approval" means the process by which a
state governmental agency reviews an education program to determine if it meets
the state's standards for the preparation of school personnel.
"Program completers" means individuals who have
successfully completed all coursework, required licensure assessments,
including those prescribed by the Board of Education, and supervised student
teaching or required internship.
"Program noncompleters" means individuals who
have been officially admitted into an education program and who have taken,
regardless of whether the individuals passed or failed, required licensure
assessments and who exit the program prior to completion. Program noncompleters
shall have been officially released in writing from an education endorsement
program by an authorized administrator of the program. Program noncompleters
who did not take required assessments are not included in biennial reporting
pass rates.
"Regional accrediting agency" means one of the
six accrediting associations recognized by the United States Department of
Education as follows: New England Association of Schools and Colleges, Middle States
Association of Colleges and Schools, North Central Association of Colleges and
Schools, Northwest Commission on Colleges and Universities, Southern
Association of Colleges and Schools, and Western Association of Schools and
Colleges.
"Standards of Learning for Virginia public
schools" means the Commonwealth's expectations for student learning and
achievement in grades K-12 in English, mathematics, science, history/social
science, technology, fine arts, foreign language, health and physical education,
and driver education.
Part II
Accreditation and Administering this Chapter
8VAC20-543-20. Accreditation and administering this chapter.
A. Institutions of higher education seeking approval of an
education endorsement program shall be accredited by a regional accrediting
agency.
B. Professional education programs in Virginia shall
obtain and maintain national accreditation from the Council for the
Accreditation of Educator Preparation (CAEP), including CAEP/National Council
for the Accreditation of Teacher Education (NCATE) and CAEP/Teacher Education
Accreditation Council (TEAC). Professional education programs in Virginia
seeking accreditation through CAEP shall adhere to procedures and timelines
established by CAEP and the CAEP/Virginia Partnership Agreement. Professional
education programs shall ensure and document that programs are aligned with
standards set forth in 8VAC20-543-40 through 8VAC20-543-50 and meet
competencies outlined in 8VAC20-543-60 through 8VAC20-543-640.
C. If a professional education program fails to maintain
accreditation, enrolled candidates shall be permitted to complete their
programs of study. Professional education programs that fail to maintain
accreditation shall not admit new candidates. Candidates shall be notified of
the education endorsement program's approval status.
D. Teacher candidates shall complete academic degrees in
the arts and sciences, or equivalent, except in health, physical, and career
and technical education. Candidates in early/primary education preK-3, elementary
education (preK-6), middle education (6-8), and special education programs may
complete a major in interdisciplinary studies or its equivalent. Candidates
seeking a secondary endorsement area must have earned a major, or the
equivalent, in the area sought.
E. Professional studies coursework and methodology,
including field experiences, required in this chapter shall be designed for
completion within a baccalaureate degree program.
F. Professional education programs shall ensure that
candidates demonstrate proficiency in the use of educational technology for
instruction; complete study in child abuse recognition and intervention; and
complete training or certification in emergency first aid, cardiopulmonary
resuscitation, and the use of automated external defibrillators.
G. Standards and procedures for the review and approval of
each education endorsement program shall adhere to procedures for administering
the chapter as defined in this section and in 8VAC20-543-40, 8VAC20-543-50, and
8VAC20-543-60. These procedures shall result in biennial recommendations to the
Board of Education for one of the following three ratings:
"approved," "approved with stipulations," or "approval
denied."
H. Education endorsement programs shall be approved under
this chapter biennially based on compliance with the criteria described in
8VAC20-543-40, 8VAC20-543-50, and 8VAC20-543-60.
I. The Department of Education will determine the timeline
and procedures for applying for education endorsement program approval.
J. Education endorsement programs in Virginia shall
address the competencies set forth in this chapter, and the curriculum for each
program must be documented and submitted to the Department of Education for
approval.
K. Professional education programs shall submit to the
Department of Education on behalf of each education endorsement program under
consideration a biennial accountability measurement report and an annual report
card to include data prescribed by the Board of Education on education
endorsement programs in accordance with department procedures and timelines.
L. The professional education program authorized
administrator shall maintain copies of approved education endorsement programs
and required reports.
M. The Department of Education may conduct onsite visits
to review education endorsement programs and verify data.
N. The Advisory Board on Teacher Education and Licensure
(ABTEL) is authorized to review and make recommendations to the Board of
Education on approval of Virginia education endorsement programs for school
personnel. The Board of Education has final authority on education endorsement
program approval.
O. Modifications may be made by the Superintendent of
Public Instruction in the administration of this chapter. Proposed
modifications shall be made in writing to the Superintendent of Public
Instruction, Commonwealth of Virginia.
Part III
Application for New Education Endorsement Programs
8VAC20-543-30. Application for new education endorsement programs.
A. Requests for new education endorsement programs shall
be approved by the Virginia Board of Education.
B. The professional education program shall submit a
request for the new program in a format provided by the Department of Education
that shall address the following requirements:
1. Rationale for the new education endorsement program, to
include local division or service area demand data and statements of support
from the institution's dean, provost, president, or designee and Virginia
school divisions. A summary of the stakeholders' involvement in the development
of the education endorsement program must be included.
2. Capacity of the institution to offer the education
endorsement program.
3. List of the requirements for the education endorsement
program, to include the degree, major, and the curriculum.
4. Matrices demonstrating that the competencies set forth
in this chapter have been incorporated in the education endorsement program.
5. Description of structured and integrated field experiences
to include early clinical experiences and a summative supervised student
teaching experience.
6. Description of the partnerships and collaborations based
on preK-12 school needs.
Part IV
Standards for Biennial Approval of Education Endorsement Programs
8VAC20-543-40. Standards for biennial approval of education
endorsement programs.
Education endorsement programs in Virginia shall be
approved by the Board of Education and demonstrate achievement biennially of
the accountability measures in this section. The institution of higher
education must report evidence of the standards for Board of Education review
biennially.
1. Candidate progress and performance on prescribed Board
of Education licensure assessments. Candidate passing rates, reported by percentages,
shall not fall below 80% biennially for program completers and program
noncompleters. Program completers are individuals who have successfully
completed all coursework, required licensure assessments, and supervised
student teaching or required internship. Program noncompleters are those
individuals who have been officially admitted into the education program and
who have taken, regardless of whether the individual passed or failed, required
licensure assessments, and who exit the program prior to completion. Program
noncompleters shall have been officially released (in writing) from an
education endorsement program by an authorized administrator of the program.
2. Candidate progress and performance on an assessment of
basic skills as prescribed by the Board of Education for individuals seeking
entry into an approved education endorsement program.
Indicators of the achievement of this standard shall
include the following:
a. Results on Board of Education prescribed entry-level
assessments;
b. Documentation that candidates enrolled in the program
who fail to achieve a minimum score established by the Board of Education have
the opportunity to address deficiencies; and
c. Documentation of the number of candidates admitted into
the program who did not meet the prescribed admission assessment and the
opportunities provided to the candidates to address deficiencies.
3. Structured and integrated field experiences to include
early clinical experiences and a summative supervised student teaching
experience.
Indicators of the achievement of this standard shall
include the following:
a. Evidence that candidates receive quality
clinically-based structured and integrated field experiences that prepare them
to work in diverse educational environments; and
b. Evidence that supervised clinical experiences are
continuous and systematic and comprised of early field experiences with a
minimum of 10 weeks of full-time student teaching under the supervision of a
cooperating teacher with demonstrated effectiveness in the classroom, as
indicated by a proficient or exemplary evaluation rating. The supervised
student teaching experience shall include at least 150 clock hours spent in
direct teaching at the level of endorsement.
4. Evidence of opportunities for candidates to participate
in diverse school settings that provide experiences with populations that
include racial, economic, linguistic, and ethnic diversity throughout the
program experiences.
The indicator of the achievement of this standard shall
include evidence that the professional education program provides opportunities
for candidates to have program experiences in diverse school settings that
provide experiences with populations that include racial, economic, linguistic,
and ethnic diversity within each biennial period.
5. Evidence of contributions to preK-12 student achievement
by candidates completing the program.
Indicators of the achievement of this standard shall
include the following:
a. Evidence to show that candidates know about, create, and
use appropriate and effective data-driven assessments in teaching that shall
provide dependable information about student achievement;
b. Evidence to document that faculty have made provisions
for evaluating the effects that candidates have on preK-12 student learning in
the context of teaching as they design unit assessment systems and assessments
for each program; and
c. Evidence that the education program assesses candidates'
mastery of exit criteria and performance proficiencies, including the ability
to affect student learning, through the use of multiple sources of data such as
a culminating experience, portfolios, interviews, videotaped and observed
performance in schools, standardized tests, and course grades.
6. Evidence of employer job satisfaction with candidates
completing the program.
Indicators of the achievement of this standard shall
include:
a. Documentation that the professional education program
has two years of evidence regarding candidate performance based on employer
surveys.
b. Documented evidence of teacher effectiveness, including
student academic progress.
7. Partnerships and collaborations based on preK-12 school
needs.
Indicators of the achievement of this standard shall
include the following:
a. Documented evidence that the education endorsement
program has established partnerships reflecting collaboratively designed
program descriptions based on identified needs of the preK-12 community.
b. Documented evidence that the administration and
supervision program collaborates with partnering schools to identify and select
candidates for school leadership programs who meet local needs, demonstrate
both potential for and interest in school leadership, and meet the
qualifications for admission to advanced programs.
Part V
Application of Standards for Biennial Approval of Education Endorsement
Programs
8VAC20-543-50. Application of the standards.
A. As a prerequisite to education endorsement program
approval, professional education programs in Virginia shall have national
accreditation. Failure to do so will result in the education endorsement
program being designated as "approval denied."
B. The education endorsement program's candidate passing
rates, reported by percentages, shall not fall below 80% biennially for program
completers and program noncompleters. Program completers are individuals who
have successfully completed all coursework, required licensure assessments, and
supervised student teaching or required internship. Program noncompleters are
those individuals who have been officially admitted into the education program
and who have taken, regardless of whether the individual passed or failed,
required licensure assessments, and who exit the program prior to completion.
Program noncompleters shall have been officially released (in writing) from an
education endorsement program by an authorized administrator of the program.
C. The professional education program's authorized
administrator is responsible to certify documented evidence that the following
standards as set forth in 8VAC20-543-40 have been met by the education
endorsement program:
1. The professional education program shall demonstrate
candidate progress and performance on an assessment of basic skills as
prescribed by the Board of Education for individuals seeking entry into an
approved education endorsement program.
2. The professional education program shall provide
structured and integrated field experiences.
3. The professional education program shall provide
evidence of opportunities for candidates to participate in diverse school
settings that provide experiences with populations that include racial,
economic, linguistic, and ethnic diversity throughout the program experiences.
4. The professional education program shall provide
evidence of contributions to preK-12 student achievement by candidates
completing the program.
5. The professional education program shall provide
evidence of employer job satisfaction with candidates completing the program.
6. The professional education program shall develop and
provide evidence of biennial accountability measures for partnerships and
collaborations based on preK-12 school needs.
D. After submitting to the Department of Education the
information contained in 8VAC20-543-40, education endorsement programs in
Virginia shall receive one of the following three ratings:
1. Approved. The education endorsement program has met all
standards set forth in 8VAC20-543-40.
2. Approved with stipulations. The education endorsement
program has met standards in subsections A and B of this section and is making
documented progress toward meeting standards in subsection C of this section.
Biennial passing rates that fall below the 80% requirement for program
completers and noncompleters shall result in the education endorsement program
receiving a rating of "approved with stipulations." The passing rate
for program completers and noncompleters must meet the 80% passing rate
requirement by the end of the next biennial period for the program to be
approved; if the 80% pass rate is not achieved, the program will be denied.
3. Approval denied. Approval may be denied if:
a. The education endorsement program has not met standards
in subsection A of this section;
b. The education endorsement program has met standards in
subsection A of this section but has not met requirements in subsection B of
this section for two consecutive biennial reporting periods. The program shall
be denied and the public notified. The program may resubmit a request for
approval at the end of the next biennial period.
Part VI
Professional Education Program Accountability
8VAC20-543-60. Biennial accountability measurement report.
The accredited professional education program shall
report, every two years, in accordance with Virginia Department of Education
procedures, those specific criteria set forth in 8VAC20-543-40 to meet the
standards required to obtain or maintain education endorsement program approval
status.
8VAC20-543-70. Annual report card.
The accredited professional education program shall submit
to the Virginia Department of Education a yearly data report card on the preparation
of professional school personnel. The report card shall be published on the
department's website. The information required on the report card shall be
approved by the Board of Education and will include the following:
1. Institution's accreditation status;
2. Education endorsement program status;
3. Number of candidates admitted in education endorsement
programs;
4. Number of candidates admitted in education endorsement
programs who are in the top quartile of the college or university population.
5. Number of program completers, including number of
program completers in critical shortage teaching areas;
6. Number of program noncompleters;
7. Biennial accountability data results;
8. Number of candidates admitted into the program for the
reporting year who did not meet the prescribed admission assessment
requirement;
9. Number of program completers for the reporting year who
were admitted without meeting the prescribed admission assessment requirement;
10. Number of program noncompleters for the reporting year
who were admitted to the program without meeting the prescribed admission
assessment requirement;
11. Satisfaction ratings by school administrators and
clinical experience supervisors on student teachers;
12. Satisfaction ratings by employers of program
completers;
13. Satisfaction ratings of program completers within two
years of employment; and
14. Other data as required by the Board of Education.
Part VII
Competencies for Endorsement Areas
Article 1
General Competencies
8VAC20-543-80. Competencies and requirements for endorsement
areas.
A. The professional education program develops, maintains,
and continuously evaluates high quality education endorsement programs that are
collaboratively designed and based on identified needs of the preK-12
community. Candidates in education endorsement programs shall demonstrate
competence in the areas in which they plan to practice and complete
professional studies requirements and applicable assessments, in addition to
meeting requirements for specific licenses, pursuant to the Licensure
Regulations for School Personnel (8VAC20-22). The Licensure Regulations for
School Personnel set forth the required degrees from regionally accredited
colleges or universities for licenses, endorsements, and prerequisite licenses
or endorsements for add-on endorsements.
B. All education endorsement programs in early/primary
education 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.
C. Candidates in education endorsement programs
demonstrate an understanding of competencies, including the core concepts and
facts of the disciplines and the Virginia Standards of Learning, for the
content areas in which they plan to teach where required.
D. Candidates in early/primary education preK-3,
elementary education preK-6, and special education complete a minimum of six
semester hours of reading coursework as outlined in the reading competencies.
E. Candidates seeking an early/primary education preK-3 or
an elementary education preK-6 endorsement must complete 12-15 semester hours
each in English, history and social sciences, mathematics, and science
addressing competencies set forth in this chapter or complete the following:
1. English: complete six semester hours in English and pass
a rigorous assessment in elementary English prescribed by the Board of
Education.
2. History and social sciences: complete six semester hours
in history and social sciences and pass a rigorous assessment in elementary
history and social sciences prescribed by the Board of Education.
3. Mathematics: complete six semester hours in mathematics,
complete a methods of teaching elementary mathematics course, and pass a
rigorous assessment in elementary mathematics prescribed by the Board of
Education.
4. Science: complete six semester hours in laboratory
sciences in two science disciplines, complete a methods of teaching elementary
science course, and pass a rigorous assessment in elementary science prescribed
by the Board of Education.
F. Candidates seeking an endorsement in special
education-general curriculum K-12 must have one area of specialization in
English, history and social sciences, mathematics, or science with 12-15
semester hours in the specialization area.
G. Candidates seeking a middle education endorsement must
have an area of concentration in English, history and social sciences,
mathematics, or science with 21-24 semester hours in the concentration area.
Article 2
Early/Primary Education, Elementary Education, and Middle Education
Endorsements
8VAC20-543-90. Professional studies requirements for
early/primary education, elementary education, and middle education.
Professional studies requirements for early/primary
education, elementary education, and middle education:
1. Human development and learning (birth through
adolescence).
a. Skills in this area shall contribute to an understanding
of the physical, social, emotional, speech and language, and intellectual
development of children and the ability to use this understanding in guiding
learning experiences and relating meaningfully to students.
b. The interaction of children with individual differences
- economic, social, racial, ethnic, religious, physical, and mental - should be
incorporated to include skills contributing to an understanding of
developmental disabilities and developmental issues related but not limited to
low socioeconomic status, attention deficit disorders, developmental disorders,
gifted education, including the use of multiple criteria to identify gifted
students, substance abuse, child abuse, and family disruptions.
2. Curriculum and instruction.
a. Early/primary education preK-3 or elementary education
preK-6 curriculum and instruction.
(1) Skills in this area shall contribute to an
understanding of the principles of learning; the application of skills in
discipline-specific methodology; effective communication with and among
students; selection and use of materials, including media and contemporary
technologies; selection, development, and use of appropriate curricula,
methodologies, and materials that support and enhance student learning and
reflect the research on unique, age-appropriate, and culturally relevant curriculum
and pedagogy.
(2) Understanding of the principles of online learning and
online instructional strategies and the application of skills to deliver online
instruction must be included.
(3) Instructional practices that are sensitive to
culturally and linguistically diverse learners, including limited English
proficient students, gifted and talented students, and students with
disabilities, and appropriate for the level of endorsement (preK-3 or preK-6)
sought shall be included.
(4) Teaching methods shall be tailored to promote student
engagement and student academic progress and effective preparation for the
Standards of Learning assessments.
(5) Study in (i) methods of improving communication between
schools and families, (ii) communicating with families regarding social and
instructional needs of children, (iii) ways of increasing family involvement in
student learning at home and in school, (iv) the Virginia Standards of
Learning, and (v) Virginia Foundation Blocks for Early Learning: Comprehensive
Standards for Four-Year-Olds prepared by the department's Office of Humanities
and Early Childhood shall be included.
(6) Early childhood educators must understand the role of
families in child development and in relation to teaching educational skills.
(7) Early childhood educators must understand the role of
the informal and play-mediated settings for promoting students' skills and
development and must demonstrate knowledge and skill in interacting in such
situations to promote specific learning outcomes as reflected in Virginia's
Foundation Blocks for Early Learning.
(8) Demonstrated proficiency in the use of educational
technology for instruction shall be included. Persons seeking initial licensure
as teachers and persons seeking licensure renewal as teachers for the first
time shall complete study in child abuse recognition and intervention in
accordance with curriculum guidelines developed by the Virginia Board of
Education in consultation with the Virginia Department of Social Services that
are relevant to the specific teacher licensure routes. Pre-student teaching
experiences (field experiences) should be evident within these skills.
b. Middle education 6-8 curriculum and instruction.
(1) Skills in this area shall contribute to an
understanding of the principles of learning; the application of skills in
discipline-specific methodology; effective communication with and among
students, selection and use of materials, including media and contemporary
technologies; evaluation of pupil performance; and the relationships among
assessment, instruction, and monitoring student progress to include student
performance measures in grading practices, the ability to construct and
interpret valid assessments using a variety of formats in order to measure
student attainment of essential skills in a standards-based environment, and
the ability to analyze assessment data to make decisions about how to improve
instruction and student performance.
(2) Understanding of the principles of online learning and
online instructional strategies and the application of skills to deliver online
instruction must be included.
(3) Instructional practices that are sensitive to
culturally and linguistically diverse learners including limited English
proficient students, gifted and talented students, and students with
disabilities, and must be appropriate for the middle education endorsement
shall be included.
(4) Teaching methods shall be tailored to promote student
engagement and student academic progress and effective preparation for the
Standards of Learning assessments.
(5) Study in methods of improving communication between
schools and families, ways of increasing family involvement in student learning
at home and in school, and the Standards of Learning shall be included.
(6) Demonstrated proficiency in the use of educational
technology for instruction shall be included.
(7) Persons seeking initial licensure as teachers and
persons seeking licensure renewal as teachers for the first time shall complete
study in child abuse recognition and intervention in accordance with curriculum
guidelines developed by the Virginia Board of Education in consultation with
the Virginia Department of Social Services that are relevant to the specific
teacher licensure routes. Pre-student teaching experiences (field experiences)
should be evident within these skills.
3. Classroom and behavior management. Skills in this area
shall contribute to an understanding and application of research-based
classroom and behavior management techniques, classroom community building,
positive behavior supports, and individual interventions, including techniques
that promote emotional well-being and teach and maintain behavioral conduct and
skills consistent with norms, standards, and rules of the educational
environment. This area shall address diverse approaches based upon behavioral,
cognitive, affective, social, and ecological theory and practice. Approaches
should support professionally appropriate practices that promote positive
redirection of behavior, development of social skills, and self discipline.
Knowledge and an understanding of various school crisis management and safety
plans and the demonstrated ability to create a safe, orderly classroom environment
must be included. The link between classroom management and students' ages must
be understood and demonstrated in techniques used in the classroom.
4. Assessment of and for learning.
a. Skills in this area shall be designed to develop an
understanding and application of creating, selecting, and implementing valid
and reliable classroom-based assessments of student learning, including
formative and summative assessments. Assessments designed and adapted to meet
the needs of diverse learners must be addressed.
b. Analytical skills necessary to inform ongoing planning
and instruction, as well as to understand, and help students understand their
own progress and growth must be included.
c. Skills also include the ability to understand the
relationships among assessment, instruction, and monitoring student progress to
include student performance measures in grading practices; the ability to
interpret valid assessments using a variety of formats in order to measure
student attainment of essential skills in a standards-based environment; and
the ability to analyze assessment data to make decisions about how to improve
instruction and student performance.
d. Understanding of state assessment programs and
accountability systems, including assessments used for student achievement goal
setting as related to teacher evaluation and determining student academic
progress, including knowledge of legal and ethical aspects of assessment.
e. Skills include developing familiarity with assessments
used in preK-12 education (e.g., diagnostic, college admission exams, industry
certifications, placement assessments).
5. The teaching profession.
a. Skills in this area shall be designed to develop an
understanding of the historical, philosophical, and sociological foundations
underlying the role, development, and organization of public education in the
United States.
b. Attention must be given to the legal status of teachers
and students, including federal and state laws and regulations; school as an
organization and culture; and contemporary issues and current trends in
education, including the impact of technology on education. Local, state, and
federal governance of schools, including the roles of teachers and schools in
communities, must be included.
c. Professionalism and ethical standards as well as
personal integrity must be addressed.
d. Knowledge and understanding of Virginia's Guidelines for
Uniform Performance Standards and Evaluation Criteria for Teachers must be
included.
6. Reading.
a. Early/primary education preK-3 and elementary education
preK-6 - language acquisition and reading and writing. Skills listed for these
endorsement areas represent the minimum competencies that a beginning teacher
must be able to demonstrate. These skills are not intended to limit the scope
of a beginning teacher's program. Additional knowledge and skills that add to a
beginning teacher's competencies to deliver instruction and improve student
achievement should be included as part of a quality learning experience.
(1) Language acquisition: Skills in this area shall be
designed to impart a thorough understanding of the Virginia English Standards
of Learning as well as the complex nature of language acquisition as a
precursor to literacy. Language acquisition shall follow the typical
development of linguistic competence in the areas of phonetics, semantics,
syntax, morphology, phonology, and pragmatics.
(2) Reading and writing: Skills in this area shall be
designed to impart a thorough understanding of the Virginia English Standards
of Learning as well as the reciprocal nature of reading and writing. Reading
shall include phonemic awareness, concept of print, phonics, fluency,
vocabulary development, and comprehension strategies. Writing shall include
writing strategies and conventions as supporting the composing and writing
expression and usage and mechanics domains. Additional skills shall include
proficiency in understanding the stages of spelling development, the writing
process as well as the ability to foster appreciation of a variety of fiction
and nonfiction text and independent reading.
b. Middle education - language acquisition and reading
development and literacy in the content areas.
(1) Language acquisition and reading development: Skills in
this area shall be designed to impart a thorough understanding of the complex
nature of language acquisition and reading, to include phonemic awareness,
phonics, fluency, vocabulary development, and comprehension strategies for
adolescent learners. Additional skills shall include proficiency in writing
strategies, as well as the ability to foster appreciation of a variety of
fiction and nonfiction text and independent reading for adolescent learners.
(2) Literacy in the content areas: Skills in this area
shall be designed to impart an understanding of vocabulary development and
comprehension skills in areas of English, mathematics, science, history and
social science, and other content areas. Strategies include teaching students
how to ask effective questions, summarize and retell both verbally and in
writing, and to listen effectively. Teaching strategies include literal,
interpretive, critical, and evaluative comprehension, as well as the ability to
foster appreciation of a variety of fiction and nonfiction text and independent
reading for adolescent readers.
7. Supervised clinical experiences. The supervised clinical
experiences shall be continuous and systematic and comprised of early field
experiences with a minimum of 10 weeks of full-time student teaching under the
supervision of a cooperating teacher with demonstrated effectiveness in the
classroom. The summative supervised student teaching experience shall include
at least 150 clock hours spent in direct teaching at the level of endorsement.
One year of successful full-time teaching experience in the endorsement area in
any public school or accredited nonpublic school may be accepted in lieu of the
supervised student teaching experience. A fully licensed, experienced teacher
shall be available in the school building to assist a beginning teacher
employed through the alternate route.
8VAC20-543-100. Early childhood for three-year-olds and
four-year-olds (add-on endorsement).
The program in early childhood education for
three-year-olds and four-year-olds shall ensure that the candidate holds an
active license with an endorsement in elementary education (such as preK-3 or
preK-6) or special education early childhood issued by the Virginia Board of
Education and has demonstrated the following competencies:
1. Understanding child growth and development from birth
through age five, with a specific focus on three-year-olds and four-year-olds,
including:
a. Knowledge of characteristics and developmental needs of
three-year-olds and four-year-olds, including the ability to recognize indicators
of typical and atypical development, in the domains of language, social,
emotional, cognitive, physical, and gross and fine motor development;
b. Understanding of the multiple interacting influences on
child development (biological and environmental), interconnectedness of
developmental domains, the wide range of ages at which developmental skills are
manifested, and the individual differences in behavioral styles; and
c. Knowledge of child development within the context of
family, culture, and society.
2. Understanding principles of developmental practice, with
a focus on three-year-olds and four-year-olds, including practices that are:
a. Appropriate to the child's age and stage of development;
b. Appropriate for children with a wide range of individual
differences in abilities, interests, and learning styles; and
c. Appropriate for the child's cultural background and
experience.
3. Understanding health and nutritional practices that
impact early learning including:
a. Practices and procedures that support health status
conducive to optimal development (e.g., health assessment, prevention of the
spread of communicable disease, oral hygiene, reduction of environmental
hazards, injury prevention, and emergency preparedness);
b. Indicators of possible child abuse or neglect and the
appropriate response if such indicators are observed;
c. Nutritional and dietary practices that support healthy
growth and development while remaining sensitive to each family's preferences,
dietary restrictions, and culture;
d. Skills for communicating with families about health and
dietary concerns;
e. Community resources that support healthy living; and
f. Practices that allow children to become independent and
knowledgeable about healthy living.
4. Understanding and application of formal and informal
assessment procedures for documenting development and knowledge of how to use
assessment to plan curriculum, including:
a. Age-appropriate and stage-appropriate methods for
documenting, assessing, and interpreting development and learning;
b. Identifying and documenting children's interests,
strengths, and challenges; and
c. Communicating with families to acquire and to share
information relevant to assessment.
5. Understanding effective strategies for (i) facilitating positive
reciprocal relationships with children for teachers, families, and communities
through mutual respect, communication strategies, collaborative linkages among
families, and community resources and (ii) nurturing the capacity of family
members to serve as advocates on behalf of children.
6. Understanding strategies for planning, implementing,
assessing, and modifying physical and psychological aspects of the learning
environment to support language, physical, cognitive, and social, as well as
emotional, well-being in children with a broad range of developmental levels,
special needs, individual interests, and cultural backgrounds, including the
ability to:
a. Utilize learning strategies that stimulate curiosity,
promote thinking, and encourage participation in exploration and play;
b. Provide curriculum that facilitate learning goals in
content areas and provide opportunities to acquire concepts and skills that are
precursors to academic content taught in elementary school;
c. Adapt tasks to the child's zone of proximal development;
d. Nurture children's development through firsthand
experiences and opportunities to explore, examine, and investigate real
materials in authentic context and engage in social interactions with peers and
adults;
e. Select materials and equipment, arrange physical space,
and plan schedules and routines to stimulate and facilitate development; and
f. Collaborate with families, colleagues, and members of
the broader community to construct learning environments that promote a spirit
of unity, respect, and service in the interest of the common good.
7. Understanding strategies that create positive and
nurturing relationships with each child based on respect, trust, and acceptance
of individual differences in ability levels, temperament, and other
characteristics, including the ability to:
a. Emphasize the importance of supportive verbal and
nonverbal communication;
b. Establish classroom and behavior management practices
that are respectful, meet children's emotional needs, clearly communicate
expectations for appropriate behavior, promote pro-social behaviors, prevent or
minimize behavioral problems through careful planning of the learning
environment, teach conflict resolution strategies, and mitigate or redirect
challenging behaviors; and
c. Build positive, collaborative relationships with
children's families with regard to behavioral guidance.
8VAC20-543-110. 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 Virginia's Foundation Blocks for Early
Learning: Comprehensive Standards for Four-Year-Olds and the Virginia Standards
of Learning in English, mathematics, history and social science, science, and
computer and 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 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, 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 and English. Understanding of the content,
knowledge, skills, and processes for teaching Virginia's Foundation Blocks for
Early Learning: Comprehensive Standards for Four-Year-Olds and 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
as screening, diagnostic, and progress monitoring 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
inform instruction for acceleration, intervention, remediation, and
differentiation.
(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, such as through storytelling, drama, and choral and oral
reading, etc.
(3) Reading and literature. The individual shall:
(a) Be proficient in explicit phonics instruction,
including an understanding of sound and symbol relationships, syllables,
phonemes, morphemes, word analysis, and decoding skills;
(b) Be proficient in strategies to increase vocabulary and
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
(i) fiction and nonfiction text predicting, retelling, and summarizing and (ii)
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;
(g) Understand the importance of promoting independent
reading by selecting fiction and nonfiction texts of appropriate yet engaging
topics and reading levels; and
(h) Demonstrate effective strategies for teaching students
to view, interpret, analyze, and represent information and concepts in visual
form with or without the spoken or written word.
(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 publishing;
(b) Understand the stages of spelling development,
promoting the generalization of spelling study to writing, and be proficient in
systematic spelling instruction, including awareness of the purpose and
limitations of "invented spelling"; and
(c) Demonstrate the ability to teach students to write
cohesively for a variety of purposes and to provide instruction on the writing
process: planning, drafting, revising, editing, and publishing in the
narrative, descriptive, persuasive, 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 Virginia's Foundation Blocks for Early Learning:
Comprehensive Standards for Four-Year-Olds and 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 and their structure, basic operations,
and properties;
(b) Elementary number theory, ratio, proportion, and
percent;
(c) Algebra: fundamental idea of equality; operations with
monomials and polynomials; algebraic fractions; linear and quadratic equations
and inequalities and 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 forms of
functions;
(d) Geometry: geometric figures, their properties,
relationships, the Pythagorean Theorem; deductive and inductive reasoning;
perimeter, area, and surface area of two-dimensional and three-dimensional
figures; coordinate and transformational geometry; and constructions; and
(e) Probability and statistics: permutations and
combinations; experimental and theoretical probability; prediction; data
collection and graphical representations including box-and-whisker plots; and
measures of center, spread of data, variability, range, and normal
distribution.
(2) Understanding of the sequential nature of mathematics
and vertical progression of mathematical standards.
(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 models and 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 appropriate use of calculators and
technology in the teaching and learning of mathematics, including virtual
manipulatives.
(7) Understanding of and the ability to use strategies to
teach mathematics to diverse learners.
c. History and social sciences.
(1) Understanding of the knowledge, skills, and processes
of history and the social science disciplines as defined in Virginia's
Foundation Blocks for Early Learning: Comprehensive Standards for
Four-Year-Olds and 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 and
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;
(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 four core science disciplines as defined in Virginia's Foundation Blocks
for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia
Science Standards of Learning and how these standards provide a sound
foundation for teaching science in the early/primary grades.
(2) Understanding of the nature of the theory and
scientific inquiry, including the following:
(a) Function of research design and experimentation;
(b) Role and nature of science in explaining and predicting
events and phenomena;
(c) Practices required to provide empirical answers to
research questions, including data collection and analysis, modeling,
argumentation with evidence, and contracting explanations;
(d) Reliability of scientific knowledge and its constant
scrutiny and refinement;
(e) Self-checking mechanisms used by science to increase
objectivity, including peer review; and
(f) Assumptions, influencing conditions, and limits of
empirical knowledge.
(3) Understanding of the knowledge, skills, and practices
for conducting an active elementary science program, including the ability to:
(a) Design instruction reflecting the goals of the Virginia
Science Standards of Learning;
(b) Implement classroom and laboratory safety rules and
procedures, and ensure that students take appropriate safety precautions;
(c) Conduct research projects and experiments, including
applications of the design process and technology;
(d) Conduct systematic field investigations using the
school grounds, the community, and regional resources;
(e) Organize key science content, skills, and practices into
meaningful units of instruction that actively engage students in learning;
(f) Design instruction to meet the needs of diverse
learners using a variety of techniques;
(g) Evaluate instructional materials, technologies, and
teaching practices;
(h) Conduct formative and summative assessments of student
learning;
(i) Incorporate instructional technology to enhance student
performance in science; and
(j) Ensure student competence in science.
(4) Understanding of the content, processes, and skills of
the four core science areas, including Earth sciences, biology, chemistry, and
physics supporting the teaching of elementary school science as defined by the
Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for
Four-Year-Olds and Virginia Science Standards of Learning and equivalent to
academic course work in each of these four core science areas.
(5) Understanding of the core scientific disciplines of
Earth science, biology, chemistry, and physics to ensure:
(a) The placement of the four core scientific disciplines
in an appropriate interdisciplinary context;
(b) The ability to teach the processes and crosscutting
concepts common to the natural and physical sciences;
(c) The application of key science principles to solve
practical problems; and
(d) A "systems" understanding of the natural
world.
(6) Understanding of the contributions and significance of
science, including:
(a) Its social, cultural, and economic significance;
(b) The relationship of science to mathematics, the design process,
and technology; and
(c) The historical development of scientific concepts and
scientific reasoning.
8VAC20-543-120. 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 Virginia's Foundation Blocks
for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia
Standards of Learning in English, mathematics, history and social science,
science, and computer and technology;
b. Understanding of current research on the brain, its role
in learning, and implications for instruction;
c. The ability to integrate English, mathematics, science,
health, history and social sciences, art, music, drama, movement, and
technology in learning experiences;
d. The use of differentiated instruction and flexible
groupings to meet the needs of learners at different stages of development,
abilities, and achievement;
e. 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;
f. The ability to utilize effective classroom and behavior
management skills through methods that build responsibility and self-discipline
and maintain a positive learning environment;
g. 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;
h. The ability to use formal and informal assessments to
diagnose needs, plan and modify instruction, and record student progress;
i. A commitment to professional growth and development
through reflection, collaboration, and continuous learning;
j. The ability to analyze, evaluate, and apply quantitative
and qualitative research; and
k. Understanding of the Virginia Standards of Learning for
Computer Technology and the ability to use technology as a tool for teaching,
learning, research, and communication.
2. Knowledge and skills.
a. Reading and English. Understanding of the content,
knowledge, skills, and processes for teaching Virginia's Foundation Blocks for
Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia
Standards of Learning for English including communication (speaking, listening,
and media literacy), reading, writing, and research 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 as screening diagnostic, and progress monitoring 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
inform instruction for acceleration, intervention, remediation, and
differentiation.
(2) Communication: speaking, listening, and media literacy.
The individual shall:
(a) Be proficient in the knowledge, skills, and processes
necessary for teaching communication (speaking, listening, and media literacy);
(b) Be proficient in developing students' phonological
awareness skills;
(c) Demonstrate the ability to teach students to identify
the characteristics of and apply critical thinking to media messages and to
facilitate students' proficiency in using various forms of media to collaborate
and communicate;
(d) Demonstrate effective strategies for facilitating the
learning of standard English by speakers of other languages and dialects; and
(e) Demonstrate the ability to promote creative thinking
and expression, such as through storytelling, drama, choral and oral reading,
etc.
(3) Reading and literature. The individual shall:
(a) Be proficient in explicit and systematic phonics
instruction, including an understanding of sound and symbol relationships,
syllables, phonemes, morphemes, word analysis, and decoding skills;
(b) Be proficient in strategies to increase vocabulary and
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,
inferencing, summarizing, clarifying, evaluating, and making connections;
(e) Demonstrate the ability to support students to read
with fluency, accuracy, and meaningful expression (prosody);
(f) Demonstrate the ability to develop comprehension skills
in all content areas;
(g) Demonstrate the ability to foster appreciation of a
variety of literature;
(h) Understand the importance of promoting independent
reading by selecting fiction and nonfiction texts of appropriate yet engaging
topics and reading levels; and
(i) Demonstrate effective strategies for teaching students
to view, interpret, analyze, and represent information and concepts in visual
form with or without the spoken or written word.
(4) Writing. The individual shall:
(a) Be proficient in the knowledge, skills, and processes
necessary for teaching writing, including the domains of composing and written
expression, and usage and mechanics and the writing process of planning,
drafting, revising, editing, and publishing;
(b) Understand the stages of spelling development,
promoting the generalization of spelling study to writing, and be proficient in
systematic spelling instruction, including awareness of the purpose and
limitations of "invented spelling";
(c) Demonstrate the ability to teach students to write
cohesively for a variety of purposes and to provide instruction on the writing
process: planning, drafting, revising, editing, and publishing in the
narrative, descriptive, persuasive, and explanative modes; and
(d) Demonstrate the ability to facilitate student research
and related skills such as accessing information, evaluating the validity of
sources, citing sources, and synthesizing information.
(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 Virginia's Foundation Blocks for Early Learning:
Comprehensive Standards for Four-Year-Olds and 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 concrete materials should be used within the
following content:
(a) Number systems and 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 and 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 forms of functions;
(d) Geometry: geometric figures, their properties,
relationships, the Pythagorean Theorem; deductive and inductive reasoning;
perimeter, area, and surface area of two-dimensional 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; and measures of center, range,
and normal distribution; and
(f) Computer science: terminology, simple programming, and
software applications.
(2) Understanding of the sequential and developmental
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 Virginia's
Foundation Blocks for Early Learning: Comprehensive Standards for
Four-Year-Olds and 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 modern
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 and
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;
(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 four core science disciplines as defined in Virginia's Foundation Blocks
for Early Learning: Comprehensive Standards for Four-Year-Olds and 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 the:
(a) Function of research design and experimentation;
(b) Role and nature of the theory in explaining and
predicting events and phenomena;
(c) Practices required to provide empirical answers to
research questions, including data collection and analysis, modeling,
argumentation with evidence, and constructing explanations;
(d) Reliability of scientific knowledge and its constant
scrutiny and refinement;
(e) Self-checking mechanisms used by science to increase
objectivity, including peer review; and
(f) Assumptions, influencing conditions, and limits of
empirical knowledge.
(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) Implement classroom and laboratory safety rules and
procedures and ensure that students take appropriate safety precautions;
(c) Conduct research projects and experiments, including
applications of the design process and technology;
(d) Conduct systematic field investigations using the
school grounds, the community, and regional resources;
(e) Organize key science content, skills, and practices
into meaningful units of instruction that actively engage students in learning;
(f) Design instruction to meet the needs of diverse
learners using a variety of techniques;
(g) Evaluate instructional materials, technologies, and
teaching practices;
(h) Conduct formative and summative assessments of student
learning;
(i) Incorporate instructional technology to enhance student
performance in science; and
(j) Ensure student competence in science.
(4) Understanding of the content, processes, and skills of
the four science areas, including Earth sciences, biology, chemistry, and
physics supporting the teaching of preK-6 science as defined by the Virginia
Science Standards of Learning and equivalent course work reflecting each of the
four core science areas.
(5) Understanding of the core scientific disciplines of
Earth science, biology, chemistry, and physics to ensure:
(a) The placement of the four core scientific disciplines
in an appropriate interdisciplinary context;
(b) The ability to teach the processes and crosscutting
concepts common to the natural and physical sciences;
(c) The application of key science principles to solve
practical problems; and
(d) A "systems" understanding of the natural
world.
(6) Understanding of the contributions and significance of
science including:
(a) Its social, cultural, and economic significance;
(b) The relationship of science to mathematics, the design
process, and technology; and
(c) The historical development of scientific concepts and
scientific reasoning.
8VAC20-543-130. 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 and inquiry-based instructional methods, 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 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, listening, collaboration, and media literacy;
f. Knowledge of varied works from current and classic young
adult literature appropriate for English instruction of fiction, nonfiction,
and poetry; and
g. Skills necessary to teach research techniques, including
evaluating, organizing, crediting, and synthesizing information.
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 (the Declaration of American Independence; the
general principles of the Constitution of the United States; the Virginia
Statute of Religious Freedom; the charters of The Virginia Company of April 10,
1606, May 23, 1609, and March 12, 1612; 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; and the 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 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) Local government and civic instruction specific to
Virginia;
(j) 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; and patterns, functions, and algebra;
c. 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 the middle grades. Experiences with
practical applications and the use of appropriate technology and manipulatives
should be used within the following content:
(1) Number systems and their structure, basic operations,
and properties;
(2) Elementary number theory, ratio, proportion, and
percent;
(3) Algebra: fundamental idea of equality; operations with
monomials and polynomials; algebraic fractions; linear and quadratic equations
and inequalities and 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 forms of functions;
(4) Geometry: geometric figures, their properties,
relationships, the Pythagorean Theorem; deductive and inductive reasoning;
perimeter, area, and surface area of two-dimensional and three-dimensional
figures; coordinate and transformational geometry; and constructions;
(5) Probability and statistics: permutations and
combinations; experimental and theoretical probability; data collection and
graphical representations, including box-and-whisker plots; data analysis and
interpretation for predictions; measures of center; spread of data,
variability, range, standard deviation, and normal distributions.
d. Understanding of the sequential nature of mathematics,
the vertical progression of mathematical standards, and the mathematical
structures inherent in the content strands;
e. Understanding of and the ability to use the five
processes - becoming mathematical problem solvers, reasoning mathematically,
communicating mathematically, making mathematical connections, and
representing, modeling and describing mathematical ideas, generalizations, and
relationships using a variety of methods - at different levels of complexity;
f. Understanding of the contributions of various
individuals and cultures toward the development of mathematics and the role of
mathematics in culture and society;
g. Understanding of the major current curriculum studies
and trends in mathematics;
h. Understanding of the appropriate use of calculators and
technology and the ability to use graphing utilities in the teaching and
learning of mathematics, including virtual manipulatives;
i. Understanding of and the ability to select, adapt,
evaluate and use instructional materials and resources, including professional
journals and technology;
j. Understanding of and the ability to use strategies for
managing, assessing, and monitoring student learning, including diagnosing
student errors; and
k. Understanding of and the ability to use strategies to
teach mathematics to diverse adolescent 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 and 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.
Article 3
PreK-12 Endorsements, Special Education, Secondary Grades 6-12 Endorsements,
and Adult Education
8VAC20-543-140. Professional studies requirements for
preK-12 endorsements, special education, secondary grades 6-12 endorsements,
and adult education.
Professional studies requirements for preK-12
endorsements, special education, secondary grades 6-12 endorsements, and adult
education:
1. Human development and learning (birth through
adolescence).
a. Skills in this area shall contribute to an understanding
of the physical, social, emotional, speech and language, and intellectual
development of children and the ability to use this understanding in guiding
learning experiences and relating meaningfully to students.
b. The interaction of children with individual differences
- economic, social, racial, ethnic, religious, physical, and mental - should be
incorporated to include skills contributing to an understanding of
developmental disabilities and developmental issues related but not limited to
low socioeconomic status, attention deficit disorders, developmental
disabilities, gifted education including the use of multiple criteria to
identify gifted students, substance abuse, child abuse, and family disruptions.
2. Curriculum and instruction.
a. Skills in this area shall contribute to an understanding
of the principles of learning; the application of skills in discipline-specific
methodology; effective communication with and among students; selection and use
of materials, including media and contemporary technologies; selection,
development, and use of appropriate curricula, methodologies, and materials
that support and enhance student learning and reflect the research on unique,
age-appropriate, and culturally relevant curriculum and pedagogy.
b. Understanding of the principles of online learning and
online instructional strategies and the application of skills to deliver online
instruction must be included.
c. Instructional practices that are sensitive to culturally
and linguistically diverse learners, including limited English proficient
students, gifted and talented students, and students with disabilities, and
appropriate for the level of endorsement sought shall be included.
d. Teaching methods shall be tailored to promote student
academic progress and effective preparation for the Standards of Learning
assessments.
e. Methods of improving communication between schools and
families and ways of increasing family involvement in student learning at home
and in school and the Virginia Standards of Learning shall be included.
f. Demonstrated proficiency in the use of educational
technology for instruction shall be included.
g. Persons seeking initial licensure as teachers and
persons seeking licensure renewal as teachers for the first time shall complete
study in child abuse recognition and intervention in accordance with curriculum
guidelines developed by the Virginia Board of Education in consultation with
the Virginia Department of Social Services that are relevant to the specific
teacher licensure routes.
h. Curriculum and instruction for secondary grades 6-12
endorsements shall include middle and secondary education. Pre-student teaching
experiences (field experiences) should be evident within these skills. For
preK-12, field experiences shall be at the elementary, middle, and secondary
levels.
3. Assessment of and for learning.
a. Skills in this area shall be designed to develop an
understanding and application of creating, selecting, and implementing valid
and reliable classroom-based assessments of student learning, including
formative and summative assessments. Assessments designed and adapted to meet
the needs of diverse learners must be addressed.
b. Analytical skills necessary to inform ongoing planning
and instruction, as well as to understand and help students understand their
own progress and growth must be included.
c. Skills also include the ability to understand the
relationships among assessment, instruction, and monitoring student progress to
include student performance measures in grading practices, the ability to
interpret valid assessments using a variety of formats in order to measure
student attainment of essential skills in a standards-based environment, and
the ability to analyze assessment data to make decisions about how to improve
instruction and student performance.
d. Understanding of state assessment programs and
accountability systems, including assessments used for student achievement goal
setting as related to teacher evaluation and determining student academic
progress, including knowledge of legal and ethical aspects of assessment.
e. Skills include developing familiarity with assessments
used in preK-12 education (e.g., diagnostic, college admission exams, industry
certifications, placement assessments).
4. The teaching profession.
a. Skills in this area shall be designed to develop an
understanding of the historical, philosophical, and sociological foundations
underlying the role, development, and organization of public education in the
United States.
b. Attention must be given to the legal status of teachers
and students, including federal and state laws and regulations; school as an
organization and culture; and contemporary issues and current trends in
education, including the impact of technology on education. Local, state, and
federal governance of schools, including the roles of teachers and schools in
communities, must be included.
c. Professionalism and ethical standards, as well as
personal integrity must be addressed.
d. Knowledge and understanding of Virginia's Guidelines for
Uniform Performance Standards and Evaluation Criteria for Teachers must be
included.
5. Classroom and behavior management.
a. Skills in this area shall contribute to an understanding
of and application of research-based classroom and behavior management
techniques, classroom community building, positive behavior supports, and
individual interventions, including techniques that promote emotional
well-being and teach and maintain behavioral conduct and skills consistent with
norms, standards, and rules of the educational environment.
b. This area shall address diverse approaches based upon
behavioral, cognitive, affective, social, and ecological theory and practice.
c. Approaches should support professionally appropriate
practices that promote positive redirection of behavior, development of social
skills, and self-discipline.
d. Knowledge and an understanding of various school crisis
management and safety plans and the ability to create a safe, orderly classroom
environment must be included. The link between classroom management and the
students' ages must be understood and demonstrated in techniques used in the
classroom.
6. Reading.
a. Adult education, preK-12, and secondary grades 6-12 -
literacy in the content areas. Skills in this area shall be designed to impart
an understanding of vocabulary development and comprehension skills in English,
mathematics, science, history and social sciences, and other content areas.
Strategies include teaching students how to ask effective questions, summarize
and retell both verbally and in writing, and listen effectively. Teaching
strategies include literal, interpretive, critical, and evaluative
comprehension, as well as the ability to foster appreciation of a variety of
fiction and nonfiction texts and independent reading for adolescent learners.
b. Special education - language acquisition and reading and
writing. Skills listed for these endorsement areas represent the minimum
competencies that a beginning teacher must be able to demonstrate. These skills
are not intended to limit the scope of a beginning teacher's program.
Additional knowledge and skills that add to a beginning teacher's competencies
to deliver instruction and improve student achievement should be included as
part of a quality learning experience.
(1) Language acquisition: Skills in this area shall be
designed to impart a thorough understanding of the Virginia English Standards
of Learning as well as the complex nature of language acquisition as a
precursor to literacy. Language acquisition shall follow the typical
development of linguistic competence in the areas of phonetics, semantics, syntax,
morphology, phonology, and pragmatics.
(2) Reading and writing: Skills in this area shall be
designed to impart a thorough understanding of the Virginia English Standards
of Learning as well as the reciprocal nature of reading and writing. Reading
shall include phonemic awareness, concept of print, phonics, fluency,
vocabulary development, and comprehension strategies. Writing shall include
writing strategies and conventions as supporting the composing and written
expression and usage and mechanics domains. Additional skills shall include
proficiency in understanding the stages of spelling development, the writing
process, and the ability to foster appreciation of a variety of fiction and
nonfiction texts and independent reading.
7. Supervised clinical experiences. The supervised clinical
experiences shall be continuous and systematic and comprised of early field
experiences with a minimum of 10 weeks of full-time student teaching under the
supervision of a cooperating teacher with demonstrated effectiveness in the
classroom. The summative supervised student teaching experience shall include
at least 150 clock hours spent in direct teaching at the level of endorsement.
If a preK-12 endorsement is sought, teaching activities
shall be at the elementary and middle or secondary levels. Individuals seeking
the endorsement in library media shall complete the supervised school library
media practicum in a school library media setting. Individuals seeking an
endorsement in an area of special education shall complete the supervised
student teaching experience requirement in the area of special education for
which the endorsement is sought. One year of successful full-time teaching
experience in the endorsement area in any public school or accredited nonpublic
school may be accepted in lieu of the supervised student teaching experience. A
fully licensed, experienced teacher shall be available in the school building
to assist a beginning teacher employed through the alternate route.
8VAC20-543-150. Adult education.
The program in adult education shall ensure that the
candidate has demonstrated the following competencies:
1. Understanding of the nature or psychology of the adult
learner or adult development;
2. Understanding of the knowledge, skills, and processes
needed for the selection, evaluation, and instructional applications of the
methods and materials for adult basic skills including:
a. Curriculum development in adult basic education or
general educational development (GED) instruction;
b. Beginning reading for adults;
c. Beginning mathematics for adults;
d. Reading comprehension for adult education;
e. Foundations of adult education; and
f. Other adult basic skills instruction.
3. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing;
4. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes; and
5. One semester of supervised successful full-time, or an
equivalent number of hours of part-time, experience teaching adults.
8VAC20-543-160. Adult English as a second language (add-on
endorsement).
The program in adult English as a second language shall
ensure that the candidate holds an active license with a teaching endorsement
or endorsements issued by the Virginia Board of Education and has demonstrated
the following competencies:
1. Knowledge in the growth and development of the adult
learner;
2. Knowledge of teaching methods and materials in adult
English as a second language;
3. Knowledge in adult language acquisition;
4. Knowledge of assessment methods in adult English as a
second language instruction;
5. Skills in teaching the adult learner;
6. Understanding of the effects of sociocultural variables
in the instructional setting;
7. Skills in teaching a variety of adult learning styles;
8. Proficiency in cross-cultural communication;
9. Proficiency in speaking, listening, and reading;
10. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing; and
11. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-170. Career and technical education –
agricultural education.
The program in agricultural education shall ensure that
the candidate has demonstrated the following competencies:
1. Understanding of the importance and relationship of and
contribution to the agricultural industry to the community, state, nation, and
global economy including:
a. Knowledge of the fundamental historical foundation of
the state and national agricultural industry;
b. Knowledge of contemporary components of the United
States food and fiber system; and
c. Knowledge of the career opportunities in agriculture and
related fields.
2. Applying the knowledge, skills, and processes involved
in plant and soil sciences, including:
a. Production, use, and marketing of row crops, specialty
crops, forage crops, fruits, small grains, vegetables, and cereal crops; and
b. Soil and water management.
3. Applying the knowledge, skills, and processes involved
in the production, management, and marketing of animals, including:
a. Production of cattle, swine, poultry, dairy cows, sheep,
aquaculture species, goats, and horses; and
b. Care and management of horses and small companion
animals.
4. Applying knowledge, skills, and processes involved in
agricultural mechanics and technology, including:
a. Set up safe operation, repair, and maintenance of
equipment, tools, and measuring devices used in agriculture;
b. Knowledge of energy transfer systems used in agriculture;
c. Knowledge of properties of metals used in tools and
equipment; and
d. Knowledge of alternative energy sources, fuels, and
lubricants from agricultural and natural resources.
5. Understanding of agricultural economics, including the
various markets, international trade, government policies, and the operation
and management of various agricultural businesses.
6. Applying the knowledge, skills, and processes involved
in natural resources, including:
a. Care, management, and conservation of soil, air, water,
energy, and wildlife; and
b. Production and management of the forest.
7. Understanding the relationship of agriculture to
community resource and partnership development, including:
a. Local agricultural program advisory committees;
b. Adult education programs;
c. Agricultural enterprises;
d. Student work-based learning opportunities;
e. Public and private programs and resources; and
f. Civic organizations.
8. Implementing classroom management techniques and
pedagogical knowledge necessary to:
a. Understand the biological, physical, chemical, and
applied sciences to practical solutions of agricultural problems;
b. Teach agricultural competencies needed by secondary
students to be successful in continuing their education and entering a related
career pathway;
c. Develop effective leadership skills through the Future
Farmers of America (FFA) student organization as an integral part of
instruction; and
d. Apply knowledge and skills for the administration of the
agricultural program, including managing budgets, maintaining student
performance records and equipment inventories.
9. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
10. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
11. Understanding of and proficiency in the use of
instructional technologies.
12. Demonstrating and integrating workplace readiness
skills in the classroom and real-world activities.
13. Ability to plan, deliver, and manage work-based
learning methods of instruction such as internship, job shadowing, cooperative
education, mentorship, service learning, clinical, and youth apprenticeship.
8VAC20-543-180. Career and technical education – business
and information technology.
The program in business and information technology shall
ensure that the candidate has demonstrated the following competencies:
1. Knowledge, skills, and principles of manual and
automated accounting, including:
a. Accounting concepts, terminology, and applications;
b. Accounting systems;
c. The basic accounting cycle of source documents,
verifications, analyzing, recording, posting, trial balances, and preparing
financial statements; and
d. Use of accounting computer software to automate
accounting tasks.
2. Knowledge and skills in
economics, including:
a. Basic economic concepts and structures;
b. The role of producers and consumers in a market economy;
c. The price system;
d. The many factors that may affect income;
e. A nation's economic goals, including full employment,
stable prices, and economic growth;
f. The nation's finance system;
g. How monetary and fiscal policy influence employment,
output, and prices;
h. The role of government in a market economy;
i. The global economy; and
j. Distinguishing between trade deficit and trade surplus.
3. Knowledge of the foundations of business selected from
the following areas:
a. Business law.
(1) Ability to recognize the legal requirements affecting
business organization; and
(2) Ability to apply legal principles to business
situations.
b. Business principles.
(1) Ability to identify, explain, and apply contemporary
business principles;
(2) Ability to identify and explain the advantages and
disadvantages of various business organizational structures; and
(3) Knowledge of the foundations of international business,
the global business environment, international business communications, and
global business ethics.
c. Management. Understanding and analyzing of basic
management functions, tools, theories, and leadership styles to explore and
solve problems in business organizations, economics, international business,
and human relations issues.
d. Marketing and entrepreneurship.
(1) Understanding of basic marketing concepts in sales
techniques, advertising, display, buying, wholesale and retail, distribution,
service occupations, market analysis, warehousing, and inventory control; and
(2) Understanding of the unique characteristics of an
entrepreneur and the knowledge and skills necessary for an entrepreneurial
venture.
e. Finance.
(1) Knowledge about and skills in the areas of managing
personal finance and budgeting, saving and investing, buying goods and
services, banking and financial institutions, and earning and reporting income
needed for sound financial decision making; and
(2) Understanding of the basic concepts of economics,
insurance, credit, consumer skills, and other related topics.
4. Knowledge and skills in all of the following
communications and information technologies:
a. Communications.
(1) Ability to communicate in a clear, courteous, concise,
and correct manner for personal and professional purposes through the foundations
of listening, writing, reading, speaking, nonverbal cues, and following written
and oral directions;
(2) Ability to use information systems and technology to
expedite and enhance the effectiveness of communications and
telecommunications; and
(3) Ability to gather, evaluate, use, and cite information
from information technology sources.
b. Impact of technology on society and the individual
(digital citizenship). Knowledge to assess the impact of information technology
on society.
c. Computer architecture. Ability to describe current and
emerging computer architecture; configure, install, and upgrade hardware; and
diagnose and repair hardware problems.
d. Operating systems, environments, and utilities. Ability
to identify, evaluate, select, install, use, upgrade, customize, and diagnose
and solve problems with various types of operating systems, environments, and
utilities.
e. Application software (e.g., word processing; database;
spreadsheet; graphics; web design; desktop, presentation, multimedia, and
imaging; and emerging technologies).
(1) Ability to identify, evaluate, select, install, use,
upgrade, and customize application software; and
(2) Ability to diagnose and solve problems resulting from
an application software's installation and use.
f. Input technologies. Ability to use input devices and
technologies (e.g., touch keyboarding, speech recognition, handwriting
recognition, hand-held devices, touch screen or mouse, scanning, and other
emerging input technologies) to enter, manipulate, and format text and data.
g. Database management systems. Ability to use, plan,
develop, and maintain database management systems. Ability to diagnose and
solve problems using database management systems.
h. Programming and application development. Ability to help
students design, develop, test, and implement multi-platform (e.g., mobile,
different operating systems) programs that solve business problems.
i. Networking and communications infrastructures.
(1) Facilitate students' development in the skills to design,
deploy, and administer networks and communications systems;
(2) Facilitate students' ability to use, evaluate, and
deploy communications and networking applications; and
(3) Facilitate students' ability to analyze networks for
security vulnerabilities and develop and deploy appropriate security plans and
applications.
j. Information management.
(1) Ability to plan the selection and acquisition of
information technologies (hardware and software);
(2) Ability to instruct students in the development of
technical and interpersonal skills and knowledge to support the user community;
and
(3) Ability to describe, analyze, develop, and follow
policies for managing privacy and ethical issues in organizations and in a
technology-based society.
k. Web development and multimedia;
(1) Ability to instruct students in the design and
development of web applications based on industry standards and principles of
good design;
(2) Ability to instruct students in the design and
development of multimedia applications; and
(3) Ability to design and develop multimedia and web-based
applications for multiple operating systems and environments (mobile, desktop,
cloud).
l. Project management.
(1) Understand the components of project management and its
importance to business and information technology.
(2) Use project management tools to coordinate information
technology, business, or related projects and manage teamwork.
5. Knowledge and skills necessary to teach leadership
skills, organize and manage an effective co-curricular student organization,
and implement the organization's activities as an integral part of instruction.
6. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
7. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8. Knowledge and skills necessary to apply basic
mathematical operations to solve business problems.
9. Demonstration and integration of workplace readiness
skills in the classroom and real-world activities.
10. Ability to plan, deliver, evaluate, and manage
work-based learning methods of instruction such as internship, job shadowing,
cooperative education, mentorship, service learning, clinical, and youth
apprenticeship.
8VAC20-543-190. Career and technical education – family and
consumer sciences.
The program in family and consumer sciences shall ensure
that the candidate has demonstrated the following competencies:
1. Knowledge of the human growth and developmental
processes throughout the lifespan, including infancy, childhood,
preadolescence, adolescence, adulthood and aging, and in creating and
maintaining an environment in which family members develop and interact as
individuals and as members of a group;
2. Knowledge of the decision-making processes related to
housing, furnishings, and equipment for individuals and families with attention
given to special needs and the diversity of individuals;
3. The ability to plan, purchase, and prepare food choices
that promote nutrition and wellness and safety and sanitation;
4. Knowledge of the management of resources to achieve
individual and family goals at different stages of the life span and the family
life cycle;
5. Knowledge of the sociological, psychological, and
physiological aspects of apparel and textiles for individuals and families;
6. Knowledge of the management of families, community,
work, and their interrelationships;
7. Knowledge of occupational skill development and career
planning;
8. Knowledge of the use of critical science and creative
skills to address problems in diverse family, community, and work environments;
9. Knowledge and skills necessary to teach leadership,
communication, interpersonal problem-solving, and ethical decision-making
skills;
10. The ability to plan, develop, teach, supervise, and
evaluate programs in occupational programs at the secondary, postsecondary, and
adult levels;
11. The ability to organize and implement Family, Career,
and Community Leaders of America (FCCLA) programs as an integral part of
classroom instruction;
12. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing;
13. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes;
14. Demonstrate and integrate workplace readiness skills in
the classroom and real-world activities; and
15. Ability to plan, deliver, and manage work-based
learning methods of instruction such as internship, job shadowing, cooperative
education, mentorship, service learning, clinical, and youth apprenticeship.
8VAC20-543-200. Career and technical education – health and
medical sciences.
The program in health and medical sciences shall ensure
that the candidate has demonstrated the following competencies:
1. Knowledge of teaching methods.
a. Instructional planning - ability to determine the needs
and interests of students;
b. Organizing instruction - ability to prepare teacher-made
instructional materials for clinical laboratory experience;
c. Instructional execution - ability to use techniques for
simulating patient care and demonstrating manipulative skills;
d. Application of technology in the classroom; and
e. Instructional evaluation - ability to determine grades
for students in classroom and clinical settings.
2. Knowledge of program management.
a. Planning - ability to organize an occupational advisory
committee;
b. Curriculum development - ability to keep informed of
current curriculum content and patient care practices;
c. Planning and organizing teaching and occupational
laboratory for laboratory simulations and demonstrations;
d. Understanding of the process for issuing credentials for
health workers;
e. Understanding of the health care industry; and
f. Evaluation - ability to conduct a student follow-up
study.
3. Knowledge and skills necessary to teach leadership
skills, organize and manage an effective co-curricular student organization,
and implement the organization's activities as an integral part of instruction.
4. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
5. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
6. Demonstrate and integrate workplace readiness skills in
the classroom and real-world activities.
7. Ability to plan, deliver, evaluate, and manage
work-based learning methods of instruction such as internship, job shadowing,
cooperative education, mentorship, service learning, clinical, and youth
apprenticeship.
8VAC20-543-210. Career and technical education – marketing
education.
The program in marketing shall ensure that the candidate
has demonstrated the following competencies:
1. Knowledge of marketing processes and the environment;
management and supervision; economics; merchandising and operations;
advertising and promotion; sales and selling; communication theory and
techniques; consumer behavior; international (global) marketing; finance;
accounting or marketing mathematics; and technology applications through a
variety of educational and work experiences;
2. Knowledge of skills and principles common across the
marketing pathways: channel management; marketing-information management;
market planning; pricing; product and service management promotion; and
selling;
3. Ability to plan, develop, and administer a comprehensive
marketing program for high school students and adults;
4. Ability to organize and use a variety of instructional
methods and techniques for teaching youths and adults;
5. Ability to conduct learning programs that include a
variety of career objectives and recognize and respond to individual
differences in students;
6. Ability to assist learners of different abilities in
developing skills needed to qualify for further education and employment;
7. Knowledge of occupational skill development and career
planning for opportunities in marketing, merchandising, hospitality, and
management;
8. Knowledge and skills necessary to teach leadership
skills, organize and manage an effective co-curricular student organization
(DECA) and implement the organization's activities as an integral part of
instruction;
9. Application of and proficiency in grammar, usage, and
mechanics and their integration in writing;
10. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes;
11. Application of and proficiency in instructional
technology and current technological applications as these relate to marketing
functions;
12. Demonstration and integration of workplace readiness
skills in the classroom and real-world activities;
13. Ability to plan, deliver, and manage work-based
learning methods of instruction, such as: internship, job shadowing,
cooperative education, mentorship, service learning, clinical, and youth
apprenticeship; and
14. Ability to apply mathematical operations to solve
marketing problems.
8VAC20-543-220. Career and technical education – technology
education.
The program in technology education shall ensure that the
candidate has demonstrated the following competencies:
1. Understanding the nature of technology, including
knowledge of the:
a. Characteristics and scope of technology;
b. Core concepts of physical, biological, and informational
technologies; and
c. Relationships among technologies, including the natural
intersects between science, technology, engineering, and mathematics (STEM) and
other fields.
2. Understanding the relationships between technology and
society, including the:
a. Sociocultural, political, and economic influences of
technology;
b. Local and global effects of technological products and
systems on the environment; and
c. Role that society plays in the use and development of
technology; and
d. Influence of technology on human history.
3. Comprehension and utilization of engineering design,
including the:
a. Attributes of technological design;
b. Role of constraints, optimization, and predictive
analysis in engineering design;
c. Requirement of problem-solving, critical thinking, and
technical writing skills; and
d. Intentional integration of mathematics and science
concepts and practices.
4. Ability to succeed in a technological world, including a
capacity to:
a. Employ the design process in the engineering of
technological products and systems;
b. Determine and control the behavior of technological
products and systems;
c. Use and maintain technological products and systems; and
d. Assess the impacts and consequences of technological
products and systems.
5. Ability to select and use the major physical,
biological, and informational technologies of the designed world, including
the:
a. Principles and processes characteristic of contemporary
and emerging transportation, manufacturing, and construction technologies,
inclusive of research, engineering design and testing, planning, organization,
resources, and modes of distribution;
b. Range of enabling technologies that utilize fundamental
biological principles and cellular processes characteristic of traditional and
modern biotechnical technologies, including research, design-based engineering
and testing of agricultural products, biotechnical systems, and associated
medical technologies;
c. Purpose, processes, and resources involved with
creating, encoding, transmitting, receiving, decoding, storage, retrieval, and
understanding of information data using communication systems in a global
information society; and
d. Concept, laws, forms, and characteristics of energy as a
fundamental requirement of the technological world, inclusive of the resultant
power and work requisites, both renewable and nonrenewable, of the tools,
machines, products, and systems within.
6. Knowledge, skills, and processes required for teaching
in a STEM laboratory environment, including:
a. Laboratory safety rules, regulations, processes, and
procedures;
b. Ability to organize content and practices into effective
instructional units;
c. Ability to deliver instruction to diverse learners;
d. Ability to evaluate student achievement, curriculum
materials, instructional strategies, and teaching practices;
e. Ability to incorporate new and emerging instructional
technologies to enhance student performance across the varied domains of
knowledge - cognitive, affective, and psychomotor; and
f. Ability to convey the concepts and procedures for
developing a learner's technological literacy specifically and integrative STEM
literacy in general.
7. Demonstration of the knowledge, abilities, and capacity
necessary to teach leadership skills, organize and manage an effective
co-curricular student organization, and implement the organization's activities
as an integral part of instruction.
8. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in formal technical writing.
9. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
10. Demonstrate and integrate workplace readiness skills in
the classroom and real-world activities.
11. Ability to plan, deliver, evaluate, and manage
work-based learning methods of instruction such as internship, job shadowing,
cooperative education, mentorship, service learning, clinical, and youth
apprenticeship.
8VAC20-543-230. Career and technical education – trade and
industrial education.
The program in trade and industrial education shall ensure
that the candidate has demonstrated the following competencies:
1. Understanding of industrial education and its role in
the development of technically competent, socially responsible, and culturally
sensitive individuals with potential for leadership in skilled technical work
and professional studies;
2. Understanding of and the ability to relate experiences
designed to develop skills in the interpretation and implementation of
industrial education philosophy in accordance with changing demand;
3. The knowledge and experience of systematically planning,
executing, and evaluating individual and group instruction;
4. Knowledge of the competencies necessary for effective
organization and management of laboratory instruction;
5. Knowledge of the competencies necessary for making
physical, social, and emotional adjustments in multicultural student-teacher
relationships;
6. Knowledge of the competencies necessary for developing
and utilizing systematic methods and instruments for appraising and recording
student progress in the career and technical educational classroom;
7. Knowledge of the ability to provide technical work
experience through cooperative education or provide a method of evaluating
previous occupational experience commensurate with the minimum required
standard;
8. Knowledge of the competencies and industry credentials
necessary to assist students in job placement and in otherwise bridging the gap
between education and work;
9. Understanding of the awareness of the human relations
factor in industry, with emphasis on the area of cooperation among labor,
management, and the schools;
10. Knowledge of the teacher's role in the school and
community;
11. Understanding of the content, skills, and techniques
necessary to teach a particular trade area;
12. Knowledge of the competencies necessary to organize and
manage an effective student organization;
13. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing;
14. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes;
15. Demonstration and integration of work place readiness
skills in the classroom and real-world activities; and
16. Understanding of the planning, delivery, and management
of work-based learning methods of instruction such as internship, job
shadowing, cooperative education, mentorship, service learning, clinical, and
youth apprenticeship.
8VAC20-543-240. Career and technical education – transition
and special needs (add-on endorsement).
The transition and special needs (add-on endorsement)
shall ensure that the candidate holds an active license with a teaching
endorsement or endorsements issued by the Virginia Board of Education and has
demonstrated the following competencies:
1. Knowledge of special needs and transition programs and
services, characteristics of students who are disadvantaged, disabled, gifted,
and individuals with barriers to educational achievement and employment,
including individuals with limited English proficiency.
2. Knowledge of program development, implementation, and
evaluation.
3. Basic understanding of cultural issues pertaining to
employment and postsecondary education and training.
4. Understanding of the federal and state laws and
regulations pertaining to special education, rehabilitation, and the American
with Disabilities Act (42 USC § 12101 et seq.).
5. Understanding and demonstration of the integration of
instructional methods, resources, and transition programs for targeted
populations in career and technical education, including:
a. Use of learning and teaching styles to plan and deliver
differentiated instruction and differentiated assessment;
b. Knowledge of age appropriate assessments;
c. Use of assessment results to plan individual instruction
strategies and assist with long-range and short-term planning;
d. Understanding of required skills that demonstrate
college and career readiness;
e. Ability to plan and manage a competency-based education
system;
f. Ability to adapt and modify curriculum materials and
utilize Universal Design for Learning Principles to meet special student needs;
g. Use of a variety of classroom and behavior management
techniques to develop an enhanced learning environment, behavior change
techniques, and individual and group instruction;
h. Use of different processes to improve collaboration and
develop partnerships with colleagues, parents, and the community to include
service agencies and businesses; and
i. Ability to plan learning experiences that prepare
individuals for transition to more advanced education and career development
options.
6. Ability to develop, plan, deliver, and manage work-based
learning methods of instruction such as community-based instruction,
internship, job shadowing, cooperative education, mentorship, service learning,
clinical, and youth apprenticeship.
7. Understanding and application of strategies for enabling
students to learn all aspects of particular industries - planning, management,
finances, technical and production skills, labor and community issues, health
and safety, environmental issues, and the technology associated with the
specific industry.
8. Ability to articulate career and life planning
procedures, transitioning processes and procedures, and career-search
techniques.
9. Application of and proficiency in grammar, usage, and
mechanics and their integration in writing.
10. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
11. Ability to use a variety of technologies to deliver
instruction and media to students, parents, teachers, and community partners.
12. Demonstration and integration of workplace readiness
skills in the classroom and real-world activities.
13. Demonstrate person-centered planning skills.
8VAC20-543-250. Computer science.
The program in computer science shall ensure that the
candidate has demonstrated the following competencies:
1. Understanding of mathematical principles that are the
basis of many computer applications;
2. Knowledge of the functions, capabilities, and
limitations of computers and computer systems;
3. Knowledge of the ethical, moral, and legal issues
associated with applications in programming and computer science;
4. Knowledge of programming in at least two widely used
programming languages, including definition, structure, and comparison;
5. Knowledge of programming languages including definition,
design, comparison, and evaluation;
6. Knowledge of computers and computer systems and their applications;
7. Knowledge of data structures and algorithms;
8. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing; and
9. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-260. Dance arts preK-12.
The program in dance arts shall ensure that the candidate
has demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes of
the dance arts discipline as defined in the Virginia Standards of Learning and
how they provide a foundation needed to teach dance arts.
2. Understanding of the knowledge, skills, and processes
for teaching dance arts to meet the developmental levels and academic needs of
students in preK-12, including the following:
a. Knowledge of and experience in planning, developing,
administering, and evaluating a program of dance arts education;
b. Knowledge and understanding for teaching dance arts,
including performance, creation, and production; dance history and cultural
context; analysis, evaluation, and critique; and aesthetics;
c. Ballet, folk, jazz, and modern dance with an area of
concentration in one of these areas;
d. Scientific foundations, including human anatomy,
kinesiology, and injury prevention and care for dance arts;
e. The relationship of dance arts and culture and the
influence of dance on past and present cultures;
f. Knowledge and understanding of technological and
artistic copyright laws;
g. Knowledge and understanding of classroom management and
safety, including performance and studio;
h. Knowledge of a variety of instructional and assessment
strategies to foster, support, and enhance student dance arts learning;
i. Knowledge and understanding of technology, with
applications for instruction, resources, artistic expression, administration,
assessment, and communication;
j. Knowledge and understanding of appropriate and sensitive
attention to diversity and cultural understanding;
k. Knowledge of related areas of the fine arts, such as
music, theatre arts, and the visual arts; and
l. Observation and student teaching experiences at the
elementary, middle, and secondary levels.
3. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
4. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-270. Driver education (add-on endorsement).
The program in driver education shall ensure that the
candidate holds an active license with a teaching endorsement or endorsements
issued by the Virginia Board of Education and has demonstrated the following
competencies:
1. Basic understanding of the administration of a driver
education program as required by § 22.1-205 of the Code of Virginia and
the Administrative Guide for Driver Education in Virginia 2010 (http://www.doe.virginia.gov/instruction/driver_education/curriculum_admin_guide/index.shtml)
including:
a. Coordination and scheduling of classroom and in-car
instruction;
b. The Board of Education and the Department of Motor
Vehicle's regulations governing driver education programs;
c. Student safety and other legal liability issues;
d. The juvenile licensing process;
e. Highway traffic safety and the driver licensing laws in
the Code of Virginia;
f. Vehicle procurement maintenance and safety equipment
requirements;
g. The Department of Education's and the Department of
Motor Vehicle's juvenile licensing forms;
h. Monitoring and oversight procedures that ensure the
approved program meets state curriculum objectives, goals, and learning
outcomes; the classroom and in-car hour requirements; and teachers have valid
Virginia driver's licenses, acceptable driving records, and meet teacher
licensure and/or in-car instructor training requirements;
i. Promoting parent involvement;
j. Providing opportunities for ongoing professional
development; and
k. Integrating classroom and in-car instruction when possible
to maximize transfer of skills.
2. Understanding of knowledge, skills, and processes of
classroom driver education instruction including:
a. Traffic laws, signs, signals, pavement markings, and
right-of-way rules;
b. Licensing procedures and other legal responsibilities
associated with the driving privilege and vehicle ownership;
c. The effect of speed and steering on vehicle balance and
control;
d. Communicating and interacting with other highway users
(pedestrians, animals, motorcycles, bicycles, trucks, buses, trains, trailers,
motor homes, ATVs, and other recreational users) in a positive manner;
e. Managing of time, space, and visibility, and using
perceptual skills in the risk management process;
f. Alcohol and other drug use;
g. Passive protective devices and active restraint systems;
h. Vehicle controls, vehicle maintenance, vehicle
functions, and vehicle malfunctions;
i. Consequences of aggressive driving, road rage, fatigue,
distracted driving, and other physical, social, and psychological influences
that affect the driver;
j. Natural laws and environmental factors that influence
the decision-making process;
k. Adverse driving conditions and handling emergencies;
l. Planning a safe trip;
m. Differentiating instruction based on a continuous learning
cycle;
n. Using assessments that foster student learning to inform
decisions about instruction; and
o. Using new and emerging instructional technology and
media effectively to enhance learning.
3. Understanding of knowledge, skills, and processes of the
laboratory phase of instruction including:
a. Simulation and other instructional technologies;
b. Multiple-car range;
c. Route planning and preparing for sequential
instructional performances that lead to effective habit formation;
d. Providing clear, concise instructions when describing
the critical elements of a driving skill;
e. Correctly using occupant restraints and protective
devices;
f. The role of the driver and the observer;
g. Using commentary driving to determine visual search
skills needed to identify and make risk-reducing decisions for safe speed and
position;
h. Using reference points to gauge vehicle position and
execute maneuvers with precision;
i. Selecting vehicle position to communicate or establish
line of sight to targets;
j. Balancing vehicle movement through precise and timely
steering, braking, and accelerating to manage vehicle weight transfer;
k. Applying visual search skills to manage risks in low,
moderate, and high-risk driving environments;
l. Adjusting speed and space to communicate and reduce
risks to avoid conflicts;
m. Preventing, detecting, and managing vehicle traction
loss in simulated and adverse driving conditions;
n. Using vehicle braking, traction, and stability
technologies;
o. Recognizing environmental factors that influence vehicle
control;
p. Applying space management strategies to the front and
sides and monitoring space to the rear;
q. Understanding the consequences of speed selection;
r. Dividing mental attention between intended path of
travel and other tasks;
s. Demonstrating basic and evasive maneuvers and off-road
recovery;
t. Recognizing understeer and oversteer, and the effects of
traction, gravity, inertia and momentum on vehicle handling and control;
u. Controlling vehicle from instructor's seat;
v. Interacting with other roadway users in a positive
manner;
w. Using manual transmission;
x. Developing precision in the use of skills, processes,
and habits for approach to intersection, curves, turns, parking, turnabouts,
backing, lane change, passing and being passed, getting on and off highways,
and responding to emergencies;
y. Administering the driver's license road skills test and
issuing the six-month temporary provisional license; and
z. Completing a debriefing with a parent or guardian that
includes a reminder that the parent must ultimately determine readiness for a
driver's license.
4. Guiding parents to provide meaningful guided practice
including:
a. Understanding the juvenile licensing laws and the
parents' role in the juvenile licensing process;
b. Determining the readiness of the child to begin learning
how to drive in a car;
c. Planning and supervising the learner's permit
experience;
d. Keeping a record of the meaningful supervised driving
hours; and
e. Adopting a written agreement with the child that
reflects expectations, defines rules and consequences, and allows the parents
to progressively grant broader driving privileges.
5. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
6. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-280. Engineering.
The program in engineering shall ensure that the candidate
demonstrates the following competencies:
1. Understanding of the knowledge, skills, and processes of
the engineering discipline as defined in Virginia's high school engineering
courses and how these provide a sound foundation for teaching engineering.
2. Understanding the nature of engineering design and
analysis, including the:
a. Function of the engineering design process;
b. Methods used by engineers to generate, develop, and test
ideas to meet design requirements;
c. Role of failure in the engineering design process.
3. Understanding of the knowledge, skills, and processes
for teaching engineering, including the ability to:
a. Formulate instruction reflecting the goals of the
engineering courses that are taught in Virginia high schools;
b. Design, prototype, test, analyze, and operate solutions
to engineering challenges;
c. Implement laboratory and field safety rules and
procedures and ensure that students take appropriate safety precautions;
d. Organize key engineering content and skills into
meaningful units of instruction;
e. Adapt instruction to diverse learners using a variety of
techniques;
f. Evaluate student achievement, instructional materials,
and teaching materials; and
g. Incorporate instructional technology to enhance student
performance.
4. Understanding of content, processes, and skills of
engineering, equivalent to an undergraduate degree in engineering, with course
work in principles of engineering, engineering design, statics and dynamics,
circuits, fluid mechanics, thermodynamics, materials, ordinary differential
equations, and linear algebra.
5. Understanding of basic chemistry, biology, Earth and space
sciences, physics, and mathematics, including statistics and calculus, to
ensure:
a. The placement of engineering in an appropriate science,
technology, engineering, and mathematics (STEM) and interdisciplinary context;
b. The ability to teach the processes and organizing
concepts of the natural and physical sciences to analyze successful and failed
engineering designs; and
c. Student achievement in engineering.
6. Understanding of the contributions and significance of
engineering, including:
a. Its social and cultural significance;
b. The relationship of engineering and its sub-fields
(e.g., electrical engineering, mechanical engineering, bio-engineering, etc.)
to the sciences, mathematics and technology; and
c. The historical development of engineering concepts and
reasoning.
7. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing, oral, and multi-media
presentations.
8. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-290. English.
The program in English shall ensure that the candidate has
demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes of
English as defined in the Virginia Standards of Learning;
2. Skills necessary to teach the writing process and the
different modes of writing (narrative, descriptive, expository, persuasive, and
analytical) and to employ available technology;
3. Knowledge of grammar, usage, and mechanics and their
integration in writing;
4. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes;
5. Understanding of the nature and development of language
including vocabulary appropriate to the topic, audience, and purpose;
6. Knowledge of reading strategies and techniques used to
enhance reading comprehension skills in both fiction and nonfiction texts;
7. Knowledge of communication skills including speaking and
listening skills and media literacy;
8. Knowledge of varied fiction and nonfiction from young
adult, British, American, world, and ethnic and minority texts appropriate for
English instruction;
9. The ability to provide experiences in communication
arts, such as journalism, dramatics, debate, forensics, radio, television, films,
and other media production;
10. Skills necessary to teach the analysis and production
of media literacy;
11. Skills necessary to teach research including ethical
accessing, evaluating, organizing, crediting, and synthesizing information; and
12. Knowledge of the Computer Technology Standards of
Learning and their integration into English Language Arts.
8VAC20-543-300. English as a second language preK-12.
The program in English as a second language shall ensure
that the candidate has demonstrated the following competencies:
1. Skills in methods of teaching English as a second
language to include the understanding of the World-Class Instructional and
Design Assessment (WIDA) English Language Development (ELD) Standards;
2. Skills in student assessment for English as a second
language to include the Assessing Comprehension and Communication in English
State-to-State for English Language Learners (Access for ELLs®) test;
3. Skills in the teaching of reading and writing to include
(i) the five areas of reading instruction: phonemic awareness, phonics,
fluency, vocabulary and text comprehension; (ii) similarities and differences
between reading in a first language and reading in a second language; and (iii)
a balanced literacy approach;
4. Knowledge of the effects of sociocultural variables in
the instructional setting;
5. Proficiency in spoken and written English;
6. Understanding of second language acquisition;
7. Knowledge of another language and its structure;
8. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing;
9. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes; and
10. Knowledge of English linguistics.
8VAC20-543-310. Foreign language preK-12.
A. The specific language of the endorsement shall be noted
on the license.
B. Foreign language preK-12 - languages other than Latin. The
program in the foreign language shall ensure that the candidate has:
1. Demonstrated the following competencies:
a. Understanding of authentic speech at a normal tempo;
b. Ability to speak with a command of vocabulary,
pronunciation, and syntax adequate for expressing thoughts to a native speaker
not used to dealing with foreigners;
c. Ability to read and comprehend authentic texts of
average difficulty and of mature content;
d. Ability to write a variety of texts including
description and narration with clarity and correctness in vocabulary and
syntax;
e. Knowledge of geography, history, social structure, and
artistic and literary contributions of the target societies;
f. Ability to interpret contemporary lifestyles, customs,
and cultural patterns of the target societies;
g. Understanding of the application of basic concepts of
phonology, syntax, and morphology to the teaching of the foreign language;
h. Knowledge of the national standards for foreign language
learning, current proficiency-based and performance-based objectives of the
teaching of foreign languages at the elementary and secondary levels,
elementary and secondary methods and techniques for attaining these objectives,
the use of technology and media in teaching languages, current curricular developments,
the relationship of language study to other areas of the curriculum, and the
professional literature of foreign language teaching;
i. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing;
j. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes;
k. Knowledge of the assessment of foreign language skills
in listening, speaking, reading, and writing, and the differing types of
assessments and their uses, including portfolio-based assessments, integrated
performance assessments, and oral proficiency interviews; and
l. Knowledge of the characteristics of effective foreign
language teaching, including the standards and key elements related to foreign
language teaching as outlined in the Virginia Standards for the Professional
Practice of Teachers.
2. Participated in opportunities for significant foreign
language study or living experiences in this country or abroad, or both.
C. Foreign language preK-12 - Latin. The program in Latin
shall ensure that the candidate has demonstrated the following competencies:
1. Ability to read and comprehend Latin in the original;
2. Ability to pronounce Latin with consistent classical, or
ecclesiastical, pronunciation;
3. Knowledge of the vocabulary, phonetics, morphology, and
syntax of Latin and the etymological impact of Latin;
4. Ability to discuss the culture and civilization of
Greco-Roman society, including history, daily life, art, architecture, and
geography;
5. Ability to explain the relationship of Greco-Roman
culture and civilization to subsequent cultures and civilizations;
6. Knowledge of major literary masterpieces and their
relationship to the historical and social context of the society;
7. Competency in current methodologies for teaching Latin
at the elementary and secondary levels; lesson planning; scope and sequencing
of material; instructional strategies and assessment under the guidance of an
experienced Latin teacher;
8. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing;
9. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes; and
10. Knowledge of the characteristics of effective foreign
language teaching, including the standards and key elements related to foreign
language teaching as outlined in the Virginia Standards for the Professional
Practice of Teachers.
D. Foreign language preK-12 - American Sign Language. The
program in American Sign Language shall ensure that the candidate has:
1. Demonstrated the following competencies:
a. Understanding of native users of American Sign Language
at a normal tempo;
b. Ability to sign with a command of vocabulary, nominal
behaviors, and syntax adequate for expressing thoughts to an American Sign
Language user not accustomed to dealing with individuals who do not use
American Sign Language;
c. Knowledge of history, social structure, and artistic and
literary contributions of the deaf culture;
d. Ability to interpret contemporary lifestyles, customs,
and cultural patterns of the deaf culture;
e. Understanding of the application of basic concepts of
phonology (e.g., hand shapes, location, palm orientation, and sign movements),
syntax, and morphology to the teaching of the American Sign Language;
f. Knowledge of the national standards for foreign language
learning, current proficiency-based and performance-based objectives of the
teaching of foreign languages at the elementary and secondary levels,
elementary and secondary methods and techniques for attaining these objectives,
the assessment of foreign language skills, the use of technology and media in
teaching languages, current curricular developments, the relationship of
language study to other areas of the curriculum, and the professional
literature of foreign language teaching;
g. Understanding of and proficiency in English grammar,
usage, and mechanics and their integration in writing;
h. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes; and
i. Knowledge of the characteristics of effective foreign
language teaching, including the standards and key elements related to foreign
language teaching as outlined in the Virginia Standards for the Professional
Practice of Teachers.
2. Participated in opportunities for significant study of
the linguistics of American Sign Language and immersion experiences in the deaf
culture.
8VAC20-543-320. Gifted education (add-on endorsement).
The program in gifted education shall ensure that the
candidate holds an active license with a teaching endorsement or endorsements
issued by the Virginia Board of Education and has demonstrated the following
competencies:
1. Understanding of principles of the integration of gifted
education and general education, including:
a. Strategies to facilitate the interaction of gifted
students with students of similar and differing intellectual and academic
abilities;
b. Development of activities to encourage parental and
community involvement in the education of the gifted;
c. Strategies to encourage collaboration among professional
colleagues, especially in the areas of curriculum and professional development;
and
d. Strategies to collaborate and consult with general
education teachers and other resource specialists on behalf of gifted students.
2. Understanding of the characteristics of gifted students,
including:
a. Varied expressions of advanced aptitudes, skills,
creativity, and conceptual understandings;
b. Varied expressions of the affective (social-emotional)
needs of gifted students; and
c. Gifted behaviors in special populations (i.e., those who
are culturally and linguistically diverse, economically disadvantaged, highly
gifted, or have special needs or disabilities, including twice-exceptional
students).
3. Understanding of specific techniques to identify gifted
students using diagnostic and prescriptive approaches to assessment, including:
a. The selection, use, and interpretation of multiple
standardized, norm-referenced aptitude and achievement assessment instruments;
b. The selection, use, and evaluation of multiple
identification criteria and strategies;
c. The use of both formal and informal nonbiased measures
to provide relevant information regarding the aptitude and ability or
achievement of potentially gifted students;
d. The use of authentic assessment tools such as portfolios
to determine performance, motivation, interest, and other characteristics of
potentially gifted students;
e. The use and interpretation of reliable rating scales,
checklists, and questionnaires by parents, teachers, and others;
f. The evaluation of data collected from student records
such as grades, honors, and awards;
g. The use of case study reports providing information
concerning exceptional conditions; and
h. The roles and responsibilities of the identification and
placement committee.
4. Understanding and application of a variety of curricular
and instructional models, methodologies, and strategies that ensure:
a. The use of the Virginia Standards of Learning as a
foundation to develop a high level of proficiency, academic rigor, and
complexity for gifted learners in all curricular academic areas;
b. The acquisition of knowledge and development of products
that demonstrate creative and critical thinking as applied to student learning
both in and out of the classroom, including inquiry-based instruction,
questioning strategies, and problem-solving skills;
c. The development of learning environments that guide
students to become self-directed, reflective, independent learners;
d. The acquisition of tools to enable students to
contribute to a multicultural, diverse society, including preparation for
college and careers; and
e. The development of learning environments that recognize
and support the affective needs of the gifted students.
5. Understanding and application of theories and principles
of appropriately differentiating curriculum specifically designed to
accommodate the accelerated learning aptitudes of gifted students, including:
a. Accelerated and enrichment opportunities that recognize
gifted students' needs for advanced content and pacing of instruction, original
research or production, problem-finding and problem-solving, higher level
thinking that leads to the generation of products, and a focus on issues,
themes, and ideas integrated within and across disciplines;
b. Opportunities for students to explore, develop, and
research their areas of interest, talent, or strength using varied modes of
expression;
c. Emphasis on advanced and complex content that is paced
and sequenced to respond to gifted students' persistent intellectual, artistic,
or technical curiosity; exceptional problem-solving abilities; rapid
acquisition and mastery of information; conceptual thinking processes; and
imaginative expression across a broad range of disciplines;
d. Evaluation of student academic growth and learner
outcomes through appropriate multiple criteria, including a variety of
pre-assessments and post-assessments; and
e. Use of current and advanced technologies to enhance
student performance and academic growth.
6. Understanding of contemporary issues and research in
gifted education, including:
a. The systematic gathering, analyzing, and reporting of
formative and summative data from local, state, and national perspectives; and
b. Current local, state, and national policies, trends, and
issues.
7. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in all forms of communication.
8. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
9. The program shall include a practicum that shall include
a minimum of 45 instructional hours of successful teaching experiences with
gifted students.
8VAC20-543-330. Health and physical education preK-12.
The program in health and physical education preK-12 shall
ensure that the candidate has demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes of
health and physical education as defined in the Virginia Standards of Learning.
2. Understanding basic human anatomy, physiology, and
kinesiology needed to apply discipline-specific biomechanical concepts critical
to the development of physically educated individuals.
3. Understanding of the basic scientific principles of
human movement as they apply to:
a. Health-related fitness (flexibility, muscular strength
and endurance, cardio respiratory endurance, and body composition);
b. Skill-related fitness (coordination, agility, power,
balance, speed, and reaction time); and
c. Analyzing and correcting critical elements of motor
skills and performance concepts related to skillful movement and fitness.
4. Basic understanding of the administration and planning
for a health and physical education program, including:
a. Differentiated instruction based on a continuous
learning cycle;
b. Student safety, classroom management, injury prevention,
and liability issues;
c. Standards-based curriculum and assessments that foster
student learning and inform decisions about instruction;
d. The role of coordinated school and community health.
e. Utilizing school health advisory boards, local health
departments, and other representative stakeholders for support for best
practice; and
f. Increasing physical activity behaviors before, during,
and after school.
5. Understanding of the essential health knowledge, skills,
and processes for teaching developmentally and culturally appropriate health
education content standards, including:
a. Health promotion and chronic disease prevention;
b. Mental, social, and emotional health;
c. Nutrition, body image, eating disorders, energy balance,
and weight management;
d. Tobacco, alcohol, and other drug use prevention;
e. Safety and emergency care (first aid, CPR, AED,
universal precautions);
f. Injury and violence prevention;
g. Consumer health and information access;
h. Communicable and noncommunicable diseases prevention and
treatment;
i. Environmental health;
j. Personal, family, and community health;
k. Bullying prevention, resistance skills, and conflict
mediation; and
l. Theories and models of behavior change and goal-setting.
6. Understanding of the knowledge, skills, and processes
for teaching physical education, including:
a. Articulated, sequential preK-12 instruction in a variety
of movement forms that include:
(1) Functional fitness;
(2) Developmentally appropriate movement skills; and
(3) Movement principles and concepts.
b. Activities that meet the needs of the diverse learner;
c. Design learning activities to help students understand,
develop, value and achieve personal fitness;
d. Knowledge of human growth, development, and motor
learning;
e. The relationship between a physically active lifestyle
and health;
f. Knowledge of the cognitive, social, and emotional
development through physical activity;
g. Incorporate strategies that promote effective physical
activity learning environments;
h. Use of authentic, traditional, psychomotor, and fitness
assessment methods;
i. The cultural significance of dance, leisure,
competition, and sportsmanship; and
j. Demonstrate personal competence in motor skill
performance for a variety of movement patterns, modeling healthy behaviors, and
maintaining health-enhancing level of fitness.
7. Understanding of and ability to design developmentally
appropriate curriculum, instruction, and performance-based assessment that is
aligned with the Virginia Standards of Learning for Health and Physical
Education:
a. Develop a developmentally appropriate scope and sequence
plan of essential health and physical education concepts, information, and
skills based on the Virginia Standards of Learning;
b. Use the scope and sequence plan to develop performance
indicators that describe the essential concepts and skills;
c. Use new and emerging instructional technology and media
effectively to enhance learning;
d. Use research-based educational strategies to meet
diverse learning styles and needs;
e. Adapt and create strategies best suited for delivering
instruction in diverse settings;
f. Employ individual and cooperative group learning
strategies;
g. Connect instruction to prior student learning, and to
other curricular areas; and
h. Use evaluation to plan a continuous cycle of learning
strategies that reinforce mastery of performance indicators.
8. Obtaining, analyzing and applying health-related and
fitness-related data to meet the cultural, social, growth, and development
needs of the students and community:
a. Select valid and current sources of information and
data;
b. Use computerized sources of information and appropriate
data-gathering instruments; and
c. Analyze and interpret data and determine priority areas
of focused instruction.
9. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
10. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-340. 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 philosophical origins in
the Enlightenment through the debates of 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 (the Declaration of American
Independence; the general principles of the Constitution of the United States;
the Virginia Statute of Religious Freedom; the charters of The Virginia Company
of April 10, 1606, May 23, 1609, and March 12, 1612; and the Virginia
Declaration of Rights); Articles of Confederation; 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, cultural, 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 cultural
diversity and national unity; and
(7) The difference between a democracy and a republic and
other types of economic and political systems.
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, cultural, and economic
innovations of selected civilizations in Africa, Asia, Europe, and the
Americas;
(5) The 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 and political revolution of the 17th and 18th centuries;
(7) The sources, results, and influences of the American,
French, and Latin American revolutions;
(8) The social and economic consequences of the Industrial
Revolution and its impact on politics, culture, and the lives of everyday
people;
(9) The influence of global ideologies of the 19th and 20th
centuries (liberalism, republicanism, social democracy, Marxism, nationalism,
Communism, Fascism, Nazism, and post-colonialism);
(10) The origins, effects, aftermath, and significance of
the two world wars, the Korean and Vietnam conflicts, and the post-Cold War
era; and
(11) The development of globalization and the growing
interdependence and inter-relationship among countries and cultures in the
world.
c. Civics, government, and economics.
(1) The essential characteristics of 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) Principles of the American constitutional republic;
(7) The idea of federalism and states' rights;
(8) The structures, functions, and powers of local and
state government;
(9) Importance of citizen participation in the political
process in local and state government;
(10) Local government and civics instruction specific to
Virginia;
(11) The structures, functions, and powers of the national
government;
(12) The role of the United States government in foreign policy
and national security;
(13) The structure of the federal judiciary;
(14) The structure and function of the United States market
economy as compared with other economies;
(15) Knowledge of the impact of the government role in the
economy and individual economic and political freedoms;
(16) Knowledge of economic systems in the areas of
productivity and key economic indicators;
(17) The analysis of global economic trends; and
(18) Knowledge of international organizations, both
political and economic, such as the United Nations, International Court in the
Hague, and the International Monetary Fund.
d. Geography.
(1) Relationship between human activity and the physical
environment, the ways in which geography governs human activity, and the
effects of human activity on geographic features;
(2) Use of maps and other geographic representations,
tools, and technologies to acquire, process, and report information;
(3) Physical and human characteristics of places;
(4) Physical processes that shape the surface of the earth;
(5) Characteristics, distribution, and migration of human
populations;
(6) Patterns and networks of economic interdependence;
(7) Processes, patterns, and functions of human settlement;
(8) How the forces of conflict and cooperation influence
the division and control of the earth's surface;
(9) Changes that occur in the meaning, use, distribution,
and importance of resources;
(10) Applying geography to interpret the past and the
present and to plan for the future; and
(11) Impact of geospatial technologies on the study of
geography, physical and human.
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 and groups 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; and
i. The importance of primary documents and the potential
problems with second-hand accounts.
3. Understanding of the use of the content and processes of
history and social sciences instruction, including:
a. Fluency in historical thinking and geographic analysis
skills;
b. Skill in debate, discussion, and persuasive writing;
c. The ability to organize key social science content into
meaningful units of instruction based on historical thinking skills;
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;
f. The ability to incorporate appropriate technologies into
social science instruction; and
g. The development of digital literacy skills while
recognizing the influence of the media.
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 proficient 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; and
c. Student achievement in the social sciences.
5. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing and communications.
6. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
7. Skills necessary to teach research including use of
primary and secondary sources, ethical accessing, evaluating, organizing,
crediting, and synthesizing information.
8VAC20-543-350. Journalism (add-on endorsement).
The program in journalism (add-on endorsement) shall
ensure that the candidate holds an active license with a teaching endorsement
or endorsements issued by the Virginia Board of Education and has demonstrated
the following competencies:
1. Understanding the history and functions of journalism in
American culture including the value of freedom of speech and of the press and
the complexity of legal and ethical issues;
2. Understanding press law and ethics as it applies to
scholastic media, including First Amendment-related rights and
responsibilities;
3. Understanding of and experience in theory and practice
of both print and nonprint media including design and layout production and the
use of technology;
4. Possession of skills in teaching journalistic writing,
interviewing, and editing for a variety of purposes, audiences, and formats;
5. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing and communications;
6. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes; and
7. Skills to lead student media and production, including
an understanding of fiscal responsibility, conflict resolution, and time
management.
8VAC20-543-360. Keyboarding (add-on endorsement).
The program in keyboarding (add-on endorsement) shall
ensure that the candidate holds an active license with a teaching endorsement
or endorsements issued by the Virginia Board of Education and has demonstrated
the following competencies:
1. Possession of skills in fingering and keyboard
manipulation techniques to model and provide touch keyboarding instruction;
2. Ability to provide instruction that allows students to
develop touch fingering techniques in a kinesthetic response to the keyboard
required for rapid, accurate entry of data and information;
3. Ability to provide instruction for current procedures in
formatting documents;
4. Ability to provide instruction that allows students to
develop proper keyboarding techniques based on ergonomics research to minimize
future repetitive strain injuries;
5. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing and communications; and
6. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-370. Library media preK-12.
The program in library media preK-12 shall ensure that the
candidate has demonstrated the following competencies:
1. Proficiency in teaching for learning, including
knowledge of learners and learning; effective and knowledgeable teaching;
collaborative instructional partners; integration of 21st century skills,
learning standards, and technologies; assessment of and for student learning;
and the design and implementation of instruction that engages students'
interests and develops their ability to inquire, think critically, and gain and
share knowledge.
2. Proficiency in literacy and reading, including
familiarity with children's, young adult, and professional literature in
multiple formats; use of a variety of strategies to promote reading for
enjoyment and information; collection development to support diverse learning
needs; and collaboration to reinforce reading instructional strategies.
3. Proficiency in information and knowledge, including
efficient and ethical information-seeking behavior, ethical and equitable
access to information, design and delivery of authentic learning through
current and emerging technology, and the use of evidence-based action research
to create and share knowledge.
4. Proficiency in advocacy and leadership, including
networking with the library community, commitment to professional development,
leadership in articulating the role of the school library program in the
educational community and in student learning, and advocacy for school library
programs, resources, and services.
5. Proficiency in program management and administration,
including planning, developing, implementing, and evaluating library programs,
collections, and facilities; personnel; funding; organization of materials;
professional ethics; and strategic planning and program assessment.
6. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing in multiple formats.
7. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-380. Mathematics.
The program in mathematics shall ensure that the candidate
has demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes of
the Virginia Mathematics Standards of Learning and how curriculum may be
organized to teach these standards to diverse learners;
2. Understanding of a core knowledge base of concepts and
procedures within the discipline of mathematics, including the following
strands: number systems and number theory, geometry and measurement, analytic
geometry, statistics and probability, functions and algebra, multivariate
calculus, discrete mathematics, and linear and abstract algebra;
3. Understanding of the sequential and interrelated nature
of mathematics, the vertical progression of mathematical standards, and the
mathematical structures inherent in the content strands;
4. Understanding of the connections among mathematical
concepts and procedures and their practical applications;
5. Understanding of and the ability to use the five
processes - becoming mathematical problem-solvers, reasoning mathematically,
communicating mathematically, making mathematical connections, and using
mathematical models and representations - at different levels of complexity;
6. Understanding of the history of mathematics, including
the contributions of different individuals and cultures toward the development
of mathematics and the role of mathematics in culture and society;
7. Understanding of major current curriculum studies and
trends in mathematics;
8. Understanding how to utilize appropriate technologies
for teaching and learning mathematics, including graphing utilities, dynamic
software, spreadsheets, and virtual manipulatives;
9. Understanding of and the ability to select, adapt,
differentiate, evaluate, and use instructional materials and resources,
including professional journals and technology;
10. Understanding of and the ability to use strategies for
managing, assessing, and monitoring student learning, including diagnosing
student errors;
11. Understanding of and the ability to use strategies to
teach mathematics to diverse learners;
12. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing; and
13. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-390. Mathematics – Algebra I (add-on
endorsement).
The program in Algebra I shall ensure that the candidate
holds an active license with a teaching endorsement or endorsements issued by
the Virginia Board of Education and has demonstrated the following
competencies:
1. Understanding of the mathematics relevant to the content
identified in the Mathematics Standards of Learning and how the standards
provide the foundation for teaching middle level mathematics through Algebra I,
including:
a. The structure of real numbers and subsets, basic
operations, and properties;
b. Elementary number theory, ratio, proportion, and
percent;
c. Algebra, trigonometry, and analytic geometry: operations
with monomials and polynomials; rational expressions; linear, quadratic, and
higher degree equations and inequalities; linear systems of equations and
inequalities; nonlinear systems of equations; radicals and exponents; complex
numbers; arithmetic and geometric sequences and series; algebraic,
trigonometric, logarithmic, exponential, absolute value, and step functions;
domain and range of functions; composite and inverse functions; one-to-one
mapping; transformations between graphical, tabular, and symbolic forms of
functions; direct and inverse variation; line and curve of best fit; conics;
and recognition and application of trigonometric identities;
d. Calculus: applications of limits, differentiation, and
integration;
e. Linear algebra: matrices, vectors, and linear
transformations;
f. Geometry: geometric figures, their properties,
relationships, and application of the Pythagorean Theorem; using deductive
axiomatic methods of proof and inductive reasoning; perimeter, area, and
surface area of two-dimensional and three-dimensional figures; coordinate and
transformational geometry; constructions and applications of algebra in
geometry;
g. Probability and statistics: experimental and theoretical
probability; prediction; graphical representations, including box-and-whisker
plots; and measures of center, range, standard deviation, z-scores, and simple
and normal distributions; and
h. Discrete mathematics: symbolic logic, sets, permutations
and combinations, functions that are defined recursively, and linear
programming.
2. Understanding of varied pedagogical approaches to
teaching algebraic concepts and their connected procedures.
3. Understanding of the connections among algebraic
concepts, procedures, models, and practical applications.
4. Understanding of the sequential and interrelated nature
of mathematics and the mathematical structures inherent in algebra.
5. Understanding of and the ability to use the five
processes - becoming mathematical problem-solvers, reasoning mathematically,
communicating mathematically, making mathematical connections, and using
mathematical models and representations - at different levels of complexity.
6. Understanding how to utilize appropriate technologies
for teaching and learning algebra, including graphing utilities, dynamic
software, spreadsheets, and virtual manipulatives.
7. Understanding of and the ability to use strategies for
managing, assessing, and monitoring student learning, including diagnosing
student errors.
8. Understanding of and the ability to use strategies to
teach algebra to diverse learners.
9. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
10. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-400. Music education – instrumental preK-12.
The program in music education - instrumental preK-12
shall ensure that the candidate has demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes of
the music discipline as defined in the Virginia Standards of Learning and how
they provide a necessary foundation integral to teaching instrumental music.
2. Understanding of the common elements of music - rhythm,
melody, harmony, timbre, texture, dynamics, and form - and their relationship
with each other and student academic needs and employing this understanding in
the analysis of music.
3. Effective musicianship through the development of:
a. Basic skills in conducting, score reading, teaching
musical courses, and rehearsal techniques for choral and instrumental music;
b. Skills in composing, arranging, and adapting music to
meet the classroom needs and ability levels of school performing groups;
c. Skills in providing and directing creative experiences
and improvising when necessary;
d. Proficiency, sufficient for classroom instruction, on
keyboard or other accompanying instrument; and
e. The ability to perform in ensembles.
4. Knowledge and understanding of teaching music, including
music theory; performance; music history and cultural context; analysis,
evaluation, and critique; and aesthetics.
5. Knowledge of music history and literature with emphasis
on the relationship of music to culture and the ability to place compositions
in historical and stylistic perspective.
6. Knowledge of a comprehensive program of music education
based upon sound philosophy, content, and methodology for teaching in
elementary, middle, and secondary schools.
7. Specialization on a musical instrument and functional
teaching knowledge on each of the string, brass, woodwind, and percussion
instruments.
8. Competency in teaching rehearsing and conducting
combined instrumental and vocal groups. In addition, the program shall provide
instruction in business procedures, organization, and management of large and
small instrumental ensembles.
9. Knowledge of vocal techniques in teaching, rehearsing,
and conducting combined instrumental and vocal groups.
10. Knowledge and understanding of technological and
artistic copyright laws.
11. Knowledge and understanding of classroom management and
safety, including performance and studio.
12. Knowledge of a variety of instructional and assessment
strategies to foster, support, and enhance student music learning.
13. Knowledge and understanding of technology, with
applications for instruction, resources, artistic expression, administration,
business procedures, assessment, and communication.
14. Knowledge and understanding of appropriate and
sensitive attention to diversity and cultural understanding.
15. Knowledge of related areas of the fine arts, such as
dance arts, theatre arts, and the visual arts.
16. Observation and professional laboratory experiences
with pupils in elementary, middle, and secondary schools, including instruction
of instrumental groups.
17. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
18. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-410. Music education – vocal/choral preK-12.
A. The program in music education - vocal/choral preK-12
shall ensure that the candidate has demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes of
the music discipline as defined in the Virginia Standards of Learning and how
they provide a necessary foundation integral to teaching instrumental music.
2. Understanding of the common elements of music - rhythm,
melody, harmony, timbre, texture, dynamics, and form - and their relationship
with each other and student academic needs and to employ this understanding in
the analysis of music.
3. Effective musicianship through the development of:
a. Basic skills in conducting, score reading, teaching
musical courses, and rehearsal techniques for choral and instrumental music;
b. Skills in composing, arranging, and adapting music to
meet the classroom needs and ability levels of school performing groups;
c. Skills in providing and directing creative experiences
and improvising when necessary;
d. Proficiency, sufficient for classroom instruction, on
keyboard or other accompanying instrument; and
e. The ability to perform in ensembles.
4. Knowledge and understanding of teaching music, including
music theory; performance; music history and cultural context; analysis,
evaluation, and critique; and aesthetics.
5. Knowledge of music history and literature with emphasis
on the relationship of music to culture and the ability to place compositions
in historical and stylistic perspective.
6. Knowledge of a comprehensive program of music education
based upon sound philosophy, content, and methodology for teaching in
elementary, middle, and secondary schools.
7. Specialization in the methods, materials, and media
appropriate to the teaching of vocal/choral and general music at elementary,
middle, and secondary levels.
8. Competency in teaching, rehearsing, and conducting
choral ensembles and combined vocal and instrumental school groups. In
addition, the program shall provide instruction in business procedures,
organization, and management of large and small choral ensembles.
9. Knowledge of instrumental techniques in teaching,
rehearsing, and conducting combined vocal and instrumental school groups.
10. Knowledge and understanding of technological and
artistic copyright laws.
11. Knowledge and understanding of classroom management and
safety, including performance and studio.
12. Knowledge of a variety of instructional and assessment
strategies to foster, support, and enhance student music learning.
13. Knowledge and understanding of technology, with
applications for instruction, resources, artistic expression, administration,
business procedures, assessment, and communication.
14. Knowledge and understanding of appropriate and
sensitive attention to diversity and cultural understanding.
15. Knowledge of related areas of the fine arts, such as
dance arts, theatre arts, and the visual arts.
16. Observation and professional laboratory experiences
with pupils at elementary, middle, and secondary levels, including instruction
of choral groups.
17. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
18. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-420. Science – biology.
The program in biology shall ensure that the candidate
demonstrates the following competencies:
1. Understanding of the knowledge, skills, and processes of
the four core science disciplines as defined in the Virginia Science Standards
of Learning and how these provide a sound foundation for teaching biology.
2. Understanding of the nature of science and scientific
inquiry, including the:
a. Function of research design and experimentation;
b. Role and nature of the theory in explaining and
predicting events and phenomena;
c. Practices required to provide empirical answers to
research questions, including data collection and analysis, modeling,
augmentation with evidence, and constructing explanations;
d. Reliability of scientific knowledge and its constant scrutiny
and refinement;
e. Self-checking mechanisms used by science to increase
objectivity including peer review; and
f. Assumptions, influencing conditions, and limits of
empirical knowledge.
3. Understanding of the knowledge, skills, and processes
for teaching laboratory science, including the ability to:
a. Design instruction reflecting the goals of the Virginia
Science Standards of Learning;
b. Implement laboratory safety rules and procedures and
ensure that students take appropriate safety precautions;
c. Conduct research projects and experiments including
applications of the design process and technology;
d. Conduct systematic field investigations using the school
grounds, the community, and regional resources;
e. Organize key biological content, skills, and practices
into meaningful units of instruction that actively engage students in learning;
f. Design instruction to meet the needs of diverse learners
using a variety of techniques;
g. Evaluate instructional materials and teaching practices;
h. Conduct formative and summative assessments of student
learning;
i. Incorporate instructional technology to enhance student
performance; and
j. Ensure student competence in biology.
4. Understanding of the content, processes, and skills of
biology, equivalent to an undergraduate degree in biology, with course work in
genetics, biochemistry/molecular biology, cell biology, botany, zoology,
anatomy/physiology, ecology, and evolutionary biology.
5. Understanding of basic physics, chemistry (including
organic chemistry), the Earth sciences, and mathematics (including statistics)
to ensure:
a. The placement of biology in an appropriate
interdisciplinary context;
b. The ability to teach the processes and crosscutting
concepts common to the natural and physical sciences;
c. The application of key principles in biology to solve
practical problems; and
d. A "systems" understanding of the natural
world.
6. Understanding of the contributions and significance of
biology, including:
a. Its social, cultural, and economic significance;
b. The relationship of biology and other sciences to
mathematics, the design process, and technology; and
c. The historical development of scientific concepts and
scientific reasoning.
7. Understanding of and proficiency in grammar, usage, and mechanics
and their integration in writing.
8. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-430. Science – chemistry.
The program in chemistry shall ensure that the candidate
demonstrates the following competencies:
1. Understanding of the knowledge, skills, and processes of
the four core science disciplines as defined in the Virginia Science Standards
of Learning and how they provide a sound foundation for teaching chemistry.
2. Understanding of the nature of science and scientific
inquiry including the:
a. Function of research design and experimentation;
b. Role and nature of the theory in explaining and
predicting events and phenomena;
c. Practices required to provide empirical answers to
research questions, including data collection and analysis, modeling,
augmentation with evidence, and constructing explanations;
d. Reliability of scientific knowledge and its constant
scrutiny and refinement;
e. Self-checking mechanisms used by science to increase
objectivity including peer review; and
f. Assumptions, influencing conditions, and limits of
empirical knowledge.
3. Understanding of the knowledge, skills, and processes
for teaching laboratory science, including the ability to:
a. Design instruction reflecting the goals of the Virginia
Science Standards of Learning;
b. Implement laboratory safety rules and procedures and
ensure that students take appropriate safety precautions;
c. Conduct research projects and experiments including
applications of the design process and technology;
d. Conduct systematic field investigations using the school
grounds, the community, and regional resources;
e. Organize key chemistry content, skills, and practices
into meaningful units of instruction that actively engage students in learning;
f. Design instruction to meet the needs of diverse learners
using a variety of techniques;
g. Evaluate instructional materials and teaching practices;
h. Conduct formative and summative assessments of student
learning;
i. Incorporate instructional technology to enhance student
performance; and
j. Ensure student competence in chemistry.
4. Understanding of content, processes, and skills of
chemistry, equivalent to an undergraduate degree in chemistry, with course work
in biochemistry, inorganic chemistry, organic chemistry, physical chemistry,
and analytical chemistry.
5. Understanding of basic physics, Earth science, biology,
and mathematics to ensure:
a. The placement of chemistry in an appropriate
interdisciplinary context;
b. The ability to teach the processes and crosscutting
concepts common to the natural and physical sciences;
c. The application of key principles in chemistry to solve
practical problems; and
d. A "systems" understanding of the natural
world.
6. Understanding of the contributions and significance of
chemistry, including:
a. Its social, cultural, and economic significance;
b. The relationship of chemistry and other sciences to
mathematics, the design process and technology; and
c. The historical development of scientific concepts and
scientific reasoning.
7. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
8. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-440. Science – Earth science.
The program in Earth science shall ensure that the
candidate demonstrates the following competencies:
1. Understanding of the knowledge, skills, and processes of
the four core science disciplines as defined in the Virginia Science Standards
of Learning and how these provide a sound foundation for teaching Earth
science.
2. Understanding of the nature of science and scientific
inquiry, including the:
a. Function of research design and experimentation;
b. Role and nature of the theory in explaining and
predicting events and phenomena;
c. Practices required to provide empirical answers to
research questions, including data collection and analysis, modeling,
augmentation with evidence, and constructing explanations;
d. Reliability of scientific knowledge and its constant
scrutiny and refinement;
e. Self-checking mechanisms used by science to increase
objectivity including peer review; and
f. Assumptions, influencing conditions, and limits of
empirical knowledge.
3. Understanding of the knowledge, skills, and practices
for teaching laboratory science, including the ability to:
a. Design instruction reflecting the goals of the Virginia
Science Standards of Learning;
b. Implement laboratory safety rules and procedures and
ensure that students take appropriate safety precautions;
c. Conduct research projects and experiments including
applications of the design process and technology;
d. Conduct systematic field investigations using the school
grounds, the community, and regional resources;
e. Organize key Earth science content, skills, and
practices into meaningful units of instruction that actively engage students in
learning;
f. Design instruction to meet the needs of diverse learners
using a variety of techniques;
g. Evaluate instructional materials and teaching practices;
h. Conduct formative and summative assessments of student
learning;
i. Incorporate instructional technology to enhance student
performance; and
j. Ensure student competence in Earth science.
4. Understanding of the content, processes, and skills of
Earth science, equivalent to an undergraduate degree in geology, or a related
area, with course work in structural geology, paleontology, petrology,
oceanography, meteorology, and astronomy/space science.
5. Understanding of basic physics, chemistry (including
organic chemistry), biology, and mathematics to ensure:
a. The placement of Earth science in an appropriate
interdisciplinary context;
b. The ability to teach the processes and crosscutting
concepts common to the natural and physical sciences;
c. The application of key principles in Earth science to
solve practical problems; and
d. A "systems" understanding of the natural
world.
6. Understanding of the contributions and significance of
Earth science, including:
a. Its social, cultural, and economic significance;
b. The relationship of Earth science and other sciences to
mathematics, the design process, and technology; and
c. The historical development of scientific concepts and
scientific reasoning.
7. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
8. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-450. Science – physics.
The program in physics shall ensure that the candidate
demonstrates the following competencies:
1. Understanding of the knowledge, skills, and processes of
the four core science disciplines as defined in the Virginia Science Standards
of Learning and how these provide a sound foundation for teaching physics.
2. Understanding of the nature of science and scientific
inquiry, including the
a. Function of research design and experimentation;
b. Role and nature of the theory in explaining and
predicting events and phenomena;
c. Practices required to provide empirical answers to
research questions, including data collection and analysis, modeling, augmentation
with evidence, and constructing explanations;
d. Reliability of scientific knowledge and its constant
scrutiny and refinement;
e. Self-checking mechanisms used by science to increase
objectivity including peer review; and
f. Assumptions, influencing conditions, and limits of
empirical knowledge.
3. Understanding of the knowledge, skills, and processes
for teaching laboratory science, including the ability to:
a. Design instruction reflecting the goals of the Virginia
Science Standards of Learning;
b. Implement laboratory safety rules and procedures and
ensure that students take appropriate safety precautions;
c. Conduct research projects and experiments including
applications of the design process and technology;
d. Conduct systematic field investigations using the school
grounds, the community, and regional resources;
e. Organize key physics content, skills, and practices into
meaningful units of instruction that actively engage students in learning;
f. Design instruction to meet the needs of diverse learners
using a variety of techniques;
g. Evaluate instructional materials and teaching practices;
h. Conduct formative and summative assessments of student
learning;
i. Incorporate instructional technology to enhance student
performance; and
j. Ensure student competence in physics.
4. Understanding of content, processes, and skills of
physics, equivalent to an undergraduate degree in physics, with course work in
mechanics, electricity and magnetism, optics, and modern physics.
5. Understanding of basic Earth science, chemistry
(including organic chemistry), biology, and mathematics to ensure:
a. The placement of physics in an appropriate
interdisciplinary context;
b. The ability to teach the processes and crosscutting
concepts common to the natural and physical sciences; and
c. A "systems" understanding of the natural
world.
6. Understanding of the contributions and significance of
physics, including:
a. Its social, cultural, and economic significance;
b. The relationship of physics and other sciences to
mathematics, the design process, and technology; and
c. The historical development of scientific concepts and
scientific reasoning.
7. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
8. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-460. Special education adapted curriculum K-12.
A. The program in special education is designed to ensure
through coursework and field experiences in a variety of settings that the
candidate has demonstrated the core competencies in this section to prepare
children and youth for participation in the general education curriculum and
within the community to the maximum extent possible. The candidate also shall
complete the competencies in at least one of the endorsement areas of Special
Education Adapted Curriculum K-12, in addition to those required under
professional studies, including reading and language acquisition.
1. Foundations. Characteristics, legal, and medical
aspects.
a. Knowledge of the foundation for educating students with
disabilities, including:
(1) Historical perspectives, models, theories,
philosophies, and trends that provide the basis for special education practice;
(2) Characteristics of children and youth with disabilities
relative to age, varying levels of severity, and developmental differences manifested
in cognitive, linguistic, physical, psychomotor, social, or emotional
functioning;
(3) Normal patterns of development (i.e., physical,
psychomotor, cognitive, linguistic, social, and emotional development) and
their relationship to the various disabilities;
(4) Medical aspects of disabilities;
(5) The dynamic influence of the family system and cultural
and environmental milieu and related issues pertinent to the education of
students with disabilities;
(6) Educational implications of the various disabilities;
and
(7) Understanding of ethical issues and the practice of
accepted standards of professional behavior.
b. An understanding and application of the legal aspects,
regulatory requirements, and expectations associated with identification, education,
and evaluation of students with disabilities, including:
(1) Legislative and judicial mandates related to education
and special education (e.g., the Individuals with Disabilities Education Act,
§ 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act, the No Child Left Behind Act of 2001, etc.);
(2) Current regulations governing special education (e.g.,
individualized education program (IEP) development; disciplinary practices,
policies, and procedures; and alternative placements and programs in schools);
and
(3) Rights and responsibilities of parents, students,
teachers, and schools as they relate to individuals with disabilities and
disability issues.
2. Assessments and evaluation.
An understanding and application of the foundation of
assessment and evaluation related to best special education practice,
including:
a. Ethical issues and responsibilities in the assessment of
individuals with disabilities;
b. Procedures for screening, prereferral, referral, and
eligibility determinations;
c. Factors that may influence assessment findings such as
cultural, behavioral, and learning diversity;
d. A general knowledge of measurement theory and practice,
including validity, reliability, norming, bias, sensitivity, and specificity;
e. Administration, scoring, and interpretation of commonly
used individual and group instruments, including norm-referenced,
criterion-referenced, and curriculum-based measures as well as task analysis,
observation, portfolio, and environmental assessments;
f. Synthesis and interpretation of assessment findings for
eligibility, program planning, and program evaluation decisions; and
g. Knowledge of the Virginia Accountability System,
assessment options, and procedures for participation for students with
disabilities.
3. Management of instruction and behavior.
An understanding and application of classroom and behavior
management techniques and individual interventions, including techniques that:
a. Promote emotional well-being and teach and maintain
behavioral conduct and skills consistent with norms, standards, and rules of
the educational environment;
b. Address diverse approaches and classroom organization
based upon behavioral, cognitive, affective, social, and ecological theory and
practice;
c. Provide positive behavioral supports; and
d. Are based on functional assessment of behavior.
4. Collaboration.
a. Skills in consultation, case management, and
collaboration, including:
Coordination of service delivery with related service
providers, general educators, and other professions in collaborative work
environments to include:
(1) Understanding the Standards of Learning (SOL),
structure of the curriculum, and accountability systems across K-12;
(2) Understanding and assessing the organization and
environment of general education classrooms across the K-12 setting;
(3) Implementation of collaborative models, including
collaborative consultation, co-teaching with co-planning, and student intervention
teams;
(4) Procedures to collaboratively develop, provide, and
evaluate instructional and behavioral plans consistent with students'
individual needs;
(5) Understanding of the roles and responsibilities of each
member of the collaborative team; and
(6) Knowledge and application of effective communication
strategies and culturally responsive strategies with a variety of stakeholders
in the collaborative environment;
b. Training, managing, and monitoring paraprofessionals;
c. Involving of families in the education of their children
with disabilities;
d. Understanding the standards of professionalism;
e. Cooperating with community agencies and other resource
providers; and
f. Models and strategies for promoting students'
self-advocacy skills.
B. The program in special education adapted curriculum
K-12 shall ensure through coursework and field experiences in a variety of
settings that the candidate seeking endorsement in special education adapted
curriculum has the special education core competencies and the specific
competency requirements specified in this section. The candidate shall
demonstrate the following competencies to prepare children and youth to acquire
the functional, academic, and community living skills necessary to reach an
appropriate level of independence and be assessed in progress toward an aligned
curriculum while participating in programs with nondisabled peers to the
fullest extent possible:
1. Characteristics.
a. Demonstrate knowledge of the definitions;
characteristics, including medical and health conditions; and learning and
behavioral support needs of students with disabilities (K-12) whose cognitive
impairments or adaptive skills require adaptations to the general curriculum
and whose functional skills are significantly different from typically
developing peers, and therefore require adaptations to the general curriculum
for an appropriate education, including, but not limited to, students with:
(1) Autism spectrum disorders;
(2) Developmental delay;
(3) Intellectual disability;
(4) Traumatic brain injury; and
(5) Multiple disabilities, including sensory,
deaf-blindness, speech-language, orthopedic and/or health impairments as an
additional disability to those referenced in subdivision 1 a of this
subsection.
b. Knowledge of characteristics shall include:
(1) Medical needs, sensory needs, and position and handling
needs of children with multiple disabilities;
(2) Speech and language development and communication and
impact on educational, behavioral, and social interactions;
(3) Impact of disability on self-determination and
self-advocacy skills; and
(4) Historical and legal perspectives, models, theories,
philosophies, and trends related to specific student populations.
2. Individualized education program (IEP) development and
implementation.
a. Demonstrate knowledge of the eligibility process and
legal and regulatory requirements for IEP development including timelines,
components, team composition, roles, and responsibilities.
b. Apply knowledge of content standards, assessment, and
evaluation throughout the K-12 grade levels to:
(1) Construct, use, and interpret a variety of standardized
and nonstandardized data collection techniques, such as task analysis,
observation, portfolio assessment, and other curriculum-based measures;
(2) Make decisions about student progress, instruction,
program, modifications, adaptations, placement, teaching methodology, and
transitional services and activities for students with disabilities who are
accessing the general education curriculum and the standards of learning
through an aligned curriculum;
(3) Be able to write educationally relevant IEP goals and
objectives that address self-care and self-management of student physical,
sensory, and medical needs that also enhance academic success in the adapted
curriculum.
3. Instructional methods and strategies for the adapted
curriculum.
An understanding and application of service delivery,
curriculum, and instruction of students with disabilities, including:
a. Curriculum development that includes a scope and
sequence, lesson plans, instructional methods, and assessments that are based
on grade level content standards;
b. Foundational knowledge of reading and writing that
includes an understanding of the complex nature of language acquisition and reading
(reading competencies in professional studies requirements in 8VAC40-543-140).
Skills in this area include phonemic awareness, an understanding of sound and
symbol relationships, explicit phonics instruction, syllables, phonemes,
morphemes, decoding skills, word attack skills, and knowledge of how phonics,
syntax, and semantics interact. Additional skills shall include proficiency in
a wide variety of comprehension strategies and writing, as well as the ability
to foster appreciation of a variety of literature and independent reading; and
reading and writing across the content areas;
c. Foundational knowledge of the complex nature of numeracy
acquisition and the sequential nature of mathematics including mathematical
concepts, mathematical thinking, calculation, and problem-solving;
d. Alternative ways to teach content material including
curriculum adaptation and curriculum modifications;
e. Procedures to develop, provide, and evaluate instruction
consistent with students' individual needs;
f. Strategies to promote successful integration of students
with disabilities with their nondisabled peers;
g. Use of technology to promote student learning;
h. Structure and organization of general education
classrooms and other instructional settings representing the continuum of
special education services, to include field experiences;
i. Demonstrate the ability to implement individual
educational planning and group instruction with students with disabilities who
are accessing the general education curriculum and Standards of Learning
through an aligned curriculum across the K-12 grade levels, including the
ability to:
(1) Identify and apply differentiated instructional
methodologies including systematic instruction, multisensory approaches,
learning cognitive strategies, diverse learning styles, and technology use;
(2) Implement a blended curriculum that includes teaching
academic skills using the aligned standards of learning and incorporating
functional and essential life skills into instruction;
(3) Provide explicit instruction of reading, writing and
mathematics at appropriate developmental and grade level in a cumulative manner
to students with disabilities accessing the general education curriculum
through an aligned curriculum;
(4) Conduct and analyze results of functional behavior
assessment;
(5) Implement behavioral intervention plans incorporating
positive behavioral supports;
(6) Promote the potential and capacity of individual
students to meet high functional, academic, behavioral, and social
expectations;
(7) Design alternative ways to teach content material
including modifying and adapting the general education curriculum;
(8) Develop appropriate transition between grade levels,
setting, and environments;
(9) Use assistive and instructional technology, including
augmentative and alternative communication methods and systems;
(10) Implement and evaluate group management technique and
individual interventions that teach and maintain emotional, behavioral, and
social skills;
(11) Implement and monitor IEP specified modifications and
adaptations within the general education classroom; and
(12) Integrate students in the community through
collaboration with community service systems.
4. Individualized supports and specialized care of students
with significant disabilities.
a. An understanding and application of service delivery for
students with significant disabilities and their unique care needs, including
the ability to identify the physical, sensory, and health and medical needs of
students with significant disabilities and understand how these needs impact
the educational program including:
(1) Understanding of typical physical development of
children and application of this knowledge in developing learning experiences
for students with significant disabilities;
(2) Basic understanding of the most common medical
diagnoses associated with students with significant disabilities and the impact
on their functioning in school and community settings;
(3) Understanding of the role muscle tone plays in the
positioning and handling of students and familiarity with common positioning
equipment used in the classroom; and
(4) Understanding of alternative and augmentative
communication systems and the ability to identify an appropriate communication
system based on the needs of the student.
b. Understanding of the roles and responsibilities of
related and support staff working in a collaborative setting and the process
and procedures related to initiating a related service request.
c. Ability to develop lesson plans that blend and
incorporate the academic, functional, and behavioral goals and objectives,
while integrating positioning, self-help, feeding, grooming, sensory, and
toileting programs into the instructional delivery.
5. Transitioning.
Demonstrate the ability to prepare students and work with
families to provide successful student transitions throughout the educational
experience to include postsecondary education, training, employment, and
independent living that addresses an understanding of long-term planning, age-appropriate
transition assessments, career development, life skills, community experiences
and resources, and self-determination to include goal setting, decision-making,
problem-solving, self-awareness and self-advocacy, guardianship, and other legal
considerations.
a. Skills in consultation, case management, and
collaboration for students with varying degrees of disability severity.
(1) Coordinate service delivery with general educators
including career and technical educators and school counselors, related
services providers, and other providers;
(2) Awareness of community resources agencies and
strategies to interface with community agencies when developing and planning
IEPs;
(3) Knowledge of related services and accommodations that
pertain to postsecondary transitions that increase student access to
postsecondary education and community resources; and
(4) Ability to coordinate and facilitate meetings involving
parents, students, outside agencies, and administrators to include the
understanding of consent to share information, including confidentiality and
disability disclosure.
b. Understand the difference between entitlement and
eligibility for agency services as students move to the adult world, including
a basic understanding of Social Security Income benefits planning, work
incentive, Medicaid, community independent living, and waivers.
c. Recognize uses of technology and seek out technology at
postsecondary settings that shall aid the student in their education, work, and
independent living.
d. Recognize and plan for individual student potential and
their capacity to meet high academic, behavioral, and social expectations and
the impact of academic and social success on personal development.
e. Knowledge of person-centered planning strategies to promote
student involvement in planning.
f. Knowledge of generic skills that lead to success in
school, work, and community, including time management, preparedness, social
interactions, and communication skills.
g. Understand social skill development and the unique
social skills deficits and challenges associated with disabilities:
(1) Assesses social skill strengths and needs; and
(2) Plans and uses specialized social skills strategies.
h. Knowledge of use and implementation of vocational
assessments to encourage and support students' advocacy and self-determination
skills.
i. Knowledge of legal issues surrounding age of majority
and guardianship.
j. Knowledge of graduation requirements, diploma options
and legal issues surrounding age of majority, and guardianship.
6. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
7. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
C. Completion of supervised classroom experiences with
students with disabilities and an adapted curriculum K-12.
8VAC20-543-470. Special education blindness and visual
impairments preK-12.
The program in special education visual impairments
preK-12 is designed to ensure through course work and field experiences in a
variety of settings that the candidate has demonstrated the following
competencies:
1. Understanding of the characteristics of individuals with
disabilities, including:
a. Developmental and cognitive characteristics of children
and youth with disabilities, particularly blindness or visual impairment;
b. Language development and the effects of blindness,
visual impairment, and other disabling conditions and cultural and linguistic
diversity on language development;
c. Characteristics of individuals with visual impairments,
including impact of visual impairment on children's social and emotional
development, and family interaction patterns; and
d. Understanding of psychosocial aspects of visual
impairment and cultural identity.
2. Understanding of the foundation of the legal aspects
associated with students with disabilities and students with visual impairments,
including:
a. Legislative and judicial mandates related to education
and special education;
b. The Individuals with Disabilities Education Act (IDEA),
§ 504 of the Rehabilitation Act of 1973, and the Americans with
Disabilities Act;
c. Legal decisions related to persons with disabilities;
d. Current regulations and procedures governing special
education, including individualized education program (IEP) development,
individualized family service plan (IFSP), and transition services; and
e. Disciplinary practices, policies, and procedures and
alternative placementsand programs in schools.
3. Understanding of the foundation of assessment and
evaluation with an emphasis on individuals with visual impairments, including:
a. Administering, scoring, and interpreting assessments,
including norm-referenced, criterion-referenced, and curriculum-based
individual and group assessments;
b. Administration and interpretation of a functional vision
assessment (FVA), learning media assessment (LMA), and assistive technology
assessment and assessment in the areas of the expanded core curriculum (ECC);
c. Interpreting assessments for eligibility, placement, and
program decisions and to inform instruction;
d. Techniques to collect, record, and analyze information;
e. Diagnostic instruction using ongoing assessment data;
f. Techniques for recognizing capacity and diversity and
its influence on student assessment and evaluation;
g. Using data from student program evaluation to inform
curriculum development, instructional practice, and accommodations; and
h. Low vision practices and procedures, including
assessment and instructional programming for functional vision.
4. Understanding of service delivery, classroom and
behavior management, and instruction for students who are blind and visually
impaired, including:
a. The application of current research and evidence-based
practice;
b. Classroom organization and curriculum development;
c. Curriculum adaptations and accommodations;
d. The development of language and literacy skills;
e. The use of technology in teaching and instructing
students to use assistive technologies to promote learning and provide access
to the general education curriculum;
f. Classroom management, including behavior support systems
and individual planning;
g. Methods and procedures for teaching students with visual
impairments;
h. Instructional programming and modifications of
curriculum to facilitate inclusion of students with blindness and visual
impairment in programs and services with sighted and typically developing
peers;
i. Individual and group behavior management techniques;
j. Career and vocational aspects of individuals with
disabilities, including persons with visual impairments, including knowledge of
careers, vocational opportunities, and transition from school to work; and
k. Social and recreational skills and resources for
individuals with visual impairments, including methods and materials for
assessing and teaching activities of daily living.
5. Understanding of consultation, case management, and
collaboration including:
a. Coordinating service delivery with other professionals
in collaborative work environments;
b. Training, managing, and monitoring paraprofessionals;
c. Involving families in the education of their children
with blindness or visual impairment;
d. Implementation of collaborative models, including
collaborative consultation, co-teaching, and student intervention teams; and
e. Interfacing with community agencies and resources.
6. Understanding of the foundations of Braille reading and
writing, including:
a. Teaching reading and writing of grade 2 Braille on both
a Braille writer and a "slate and stylus"; and
b. Knowledge of other codes, including Nemeth, foreign
language code, music code, and computer Braille.
7. Understanding of anatomy, physiology, and diseases of
the eye and the educational implications.
8. Understanding principles and how to instruct in human
guide techniques and pre-cane orientation and mobility instruction.
9. Understanding of the standards of professionalism,
including ethical and professional practice.
10. Completion of supervised classroom experiences at the
elementary and secondary levels with students who have visual impairments, to
include those with blindness and low vision, and with individuals who may have
additional disabilities.
11. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
12. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-480. Special education deaf and hard of hearing
preK-12.
The program in special education deaf and hard of hearing
preK-12 is designed to ensure through course work and field experiences in a
variety of settings that the candidate has demonstrated the following competencies:
1. Understanding of the characteristics of individuals with
disabilities, including the following:
a. Developmental and cognitive characteristics of children
and youth with disabilities;
b. Characteristics of individuals who are deaf or hard of hearing,
including sociocultural influences and possible health-related or
genetically-related problems; and
c. Foundations of the education and culture of persons who
are deaf or hard of hearing.
2. Understanding of the foundation of the legal aspects associated
with students with disabilities and students who are deaf or hard of hearing
including:
a. Legislative and judicial mandates related to education
and special education;
b. The Individuals with Disabilities Education Act (IDEA),
§ 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities
Act;
c. Legal decisions related to persons with disabilities;
d. Current regulations and procedures governing special
education, including individualized education program (IEP) development,
individualized family service plan (IFSP), and transition services; and
e. Disciplinary practices, policies, and procedures and
alternative placements and programs in schools.
3. Understanding of the foundation of assessment and
evaluation with an emphasis on individuals who are deaf or hard of hearing,
including:
a. Administering, scoring, and interpreting assessments,
including norm-referenced, criterion-referenced, and curriculum-based
individual and group assessments;
b. Interpreting assessment results for eligibility,
placement, and to inform instruction (i.e., linking assessment results to
classroom interventions);
c. Techniques to collect, record, and analyze information
from observing students;
d. Data-based decision-making skills using assessment data
to inform diagnostic instruction;
e. Techniques for recognizing capacity and diversity and
its influence on student assessment and evaluation.
4. Understanding of service delivery, classroom and
behavior management, and instruction, including:
a. The application of current research in practice;
b. Classroom organization and curriculum development;
c. Curriculum adaptations and accommodations;
d. The development of language and literacy skills;
e. The use of technology to promote student learning;
f. Classroom and behavior management, including behavior
support systems and individual planning;
g. Evidence-based strategies and procedures for teaching
persons who are deaf or hard of hearing;
h. Instructional programming and modifications of
curriculum to facilitate inclusion of students with disabilities into the
continuum of programs and services with peers without disabilities;
i. Strategies to promote successful socialization of
students who are deaf or hard of hearing with their hearing peers; and
j. Career and vocational skill development of individuals
with disabilities, including persons who are deaf or hard of hearing and who
may have additional needs.
5. Skills in consultation, case management, and
collaboration, including:
a. Coordinating service delivery with other professionals
in collaborative work environments;
b. Training, managing, and monitoring paraprofessionals;
c. Implementation of collaborative models, including
collaborative consultation, co-teaching, and student intervention teams;
d. Involving families in the education of their children
with disabilities; and
e. Cooperating with community agencies and resources.
6. Understanding of speech, hearing, and language
development, including:
a. Speech, hearing, and language development and the
effects of sensory loss and cultural diversity on typical language development;
b. How to promote development of listening and spoken
language skills in children who are deaf or hard of hearing: how to promote
development of American Sign Language skills in children who are deaf or hard
of hearing;
c. Anatomy of speech structures, auditory and visual
mechanisms, production, transmission, and psychophysical characteristics of
sound; and
d. General and specific effects of having partial or no
hearing on production and reception of speech and on English language
development.
7. Understanding of audiology, including:
a. Diagnostic evaluation, testing procedures, and
interpreting audiology reports to inform instruction in and expectations for
development of listening and spoken language skills; and
b. Characteristics of individual, group amplification and
assistive listening devices (e.g., cochlear implant systems, hearing aids, FM
systems, sound field systems, etc.) with emphasis on utilization in educational
environments.
8. Understanding of communication modalities to include
various modalities of communication, including cued speech, speech reading,
listening, signed language, and spoken language.
9. Demonstrated proficiency in expressive and receptive
sign language, to include American Sign Language and contact varieties.
10. Understanding of the standards for professionalism.
11. Completion of supervised classroom experiences at the
elementary and secondary levels with students who are deaf or hard of hearing,
including those with additional disabilities.
12. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
13. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-490. Special education early childhood (birth
through age five).
The program in special education early childhood (birth
through age five) is designed to ensure through course work and field
experiences in a variety of settings that the candidate has demonstrated the
following competencies:
1. Understanding of the nature and characteristics of major
disabling and at-risk conditions, including:
a. Trends for service delivery to the
birth-through-age-five population;
b. An overview of early intervention and early childhood
special education;
c. Historical perspective of special education; and
d. Awareness of the issues surrounding cultural and
linguistic diversity.
2. Understanding of the foundation of the legal aspects
associated with students with disabilities, including:
a. Legislative and judicial mandates related to education
and special education;
b. The Individuals with Disabilities Education Act (IDEA),
§ 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities
Act;
c. Legal decisions related to persons with disabilities;
d. Current regulations and procedures governing special
education to include individualized education program (IEP) development and
individualized family service plan (IFSP); and
e. Disciplinary practices, policies, and procedures and
alternative placements and programs in schools.
3. Knowledge of the selection, administration, and
interpretation of formal and informal assessment techniques for young children
with disabling and at-risk conditions and their families, including:
a. Eligibility and diagnosis of disabling and at-risk
conditions;
b. Progress monitoring for growth compared to same age,
typically developing peers and functioning in environments where same age peers
would normally attend (to include, but not be limited to, settings that the
families choose);
c. Program development and improvement; and
d. Curriculum-based assessments for instructional planning.
4. Understanding of the methods for providing instructional
programs for early intervention, including:
a. Service delivery options;
b. Development of individualized education programs (IEPs)
and individualized family service plans (IFSPs);
c. Curriculum development and implementation to ensure
developmentally appropriate intervention techniques in the areas of self-help,
motor, cognitive, social and emotional, and language; and
d. Service delivery to support success and functionality in
all settings where same age, typically developing peers would be located.
5. Understanding of teaching social and emotional skills to
assist with behavior management and the application of principles of learning
and child development to individual and group management using a variety of
techniques that are appropriate to the age of that child.
6. Understanding of speech and language development and
intervention methods, including the effects of disabling and at-risk conditions
on young children, including:
a. Developmental stages of language acquisition;
b. Cultural and linguistic diversity;
c. English language learner language acquisition; and
d. Use of language to get needs and wants met and for
social interaction.
7. Understanding of and experiences with the medical
aspects of young children with disabling and at-risk conditions and the
management of neuro-developmental and motor disabilities, including:
a. Emergency care and the role of health care professionals
in the lives of individuals with disabilities; and
b. Use and effects of medications.
8. Skills in consultation, case management, collaboration,
coaching, mentoring, and co-teaching, including techniques in working with
children, families, educators, related service providers, and other human
service professionals that include:
a. Service coordination;
b. Interagency coordination;
c. Inclusive practices;
d. Transition facilitation; and
e. Training, managing, and monitoring paraprofessionals.
9. Understanding of the theories and techniques of
family-centered intervention, including:
a. Cultural and linguistic differences influences; and
b. Family issues.
10. Understanding of the standards of professionalism.
11. Completion of supervised experiences at the early
childhood level in a variety of settings, including but not limited to early intervention,
home-based, school-based, and community-based settings.
12. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
13. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-500. Special education general curriculum K-12.
A. The program in special education is designed to ensure
through course work and field experiences in a variety of settings that the
candidate has demonstrated the core competencies in this section to prepare
children and youth for participation in the general education curriculum and
within the community to the maximum extent possible. The candidate also shall
complete the competencies in at least one of the endorsement areas of Special
Education General Curriculum K-12, in addition to those required under
professional studies in 8VAC40-543-140, including reading and language
acquisition.
1. Foundations - Characteristics, legal, and medical
aspects.
a. Knowledge of the foundation for educating students with
disabilities, including:
(1) Historical perspectives, models, theories,
philosophies, and trends that provide the basis for special education practice;
(2) Characteristics of children and youth with disabilities
relative to age, varying levels of severity, and developmental differences
manifested in cognitive, linguistic, physical, psychomotor, social, or
emotional functioning;
(3) Normal patterns of development (i.e., physical,
psychomotor, cognitive, linguistic, social, or emotional development) and their
relationship to the various disabilities;
(4) Medical aspects of disabilities;
(5) The dynamic influence of the family system and cultural
and environmental milieu and related issues pertinent to the education of
students with disabilities;
(6) Educational implications of the various disabilities;
and
(7) Understanding of ethical issues and the practice of
accepted standards of professional behavior.
b. An understanding and application of the legal aspects,
regulatory requirements, and expectations associated with identification,
education, and evaluation of students with disabilities, including:
(1) Legislative and judicial mandates related to education
and special education (e.g., the Individuals with Disabilities Education Act,
§ 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act, the No Child Left Behind Act of 2001, etc.);
(2) Current regulations governing special education (e.g.,
individualized education program (IEP) development; disciplinary practices,
policies, and procedures; and alternative placements and programs in schools);
and
(3) Rights and responsibilities of parents, students,
teachers, and schools as they relate to individuals with disabilities and
disability issues.
2. Assessments and evaluation.
An understanding and application of the foundation of
assessment and evaluation related to best special education practice,
including:
a. Ethical issues and responsibilities in the assessment of
individuals with disabilities;
b. Procedures for screening, pre-referral, referral, and
eligibility determinations;
c. Factors that may influence assessment findings such as
cultural, behavioral, and learning diversity;
d. A general knowledge of measurement theory and practice,
including validity, reliability, norming, bias, sensitivity, and specificity;
e. Administration, scoring, and interpretation of commonly
used individual and group instruments, including norm-referenced,
criterion-referenced, and curriculum-based measures as well as task analysis,
observation, portfolio, and environmental assessments;
f. Synthesis and interpretation of assessment findings for
eligibility, program planning, and program evaluation decisions; and
g. Knowledge of the Virginia Accountability System,
assessment options, and procedures for participation for students with
disabilities.
3. Management of instruction and behavior.
An understanding and application of classroom and behavior
management techniques and individual interventions, including techniques that:
a. Promote emotional well-being and teach and maintain
behavioral conduct and skills consistent with norms, standards, and rules of the
educational environment;
b. Address diverse approaches to classroom organization and
set-up based upon behavioral, cognitive, affective, social, and ecological
theory and practice;
c. Provide positive behavioral supports; and
d. Are based on functional assessment of behavior.
4. Collaboration.
a. Skills in consultation, case management, and
collaboration, including coordination of service delivery with related service
providers, general educators, and other professions in collaborative work
environments to include:
(1) Understanding the Standards of Learning, the structure
of the curriculum, and accountability systems across K-12;
(2) Understanding and assessing the organization and
environment of general education classrooms across the K-12 setting;
(3) Implementation of collaborative models, including
collaborative consultation, co-teaching with co-planning, and student
intervention teams;
(4) Procedures to collaboratively develop, provide, and
evaluate instructional and behavioral plans consistent with students'
individual needs;
(5) Understanding the roles and responsibilities of each
member of the collaborative team; and
(6) Knowledge and application of effective communication
strategies and culturally responsive strategies with a variety of stakeholders
in the collaborative environment;
b. Training, managing, and monitoring paraprofessionals;
c. Involvement of families in the education of their
children with disabilities;
d. Understanding the standards of professionalism;
e. Cooperating with community agencies and other resource
providers; and
f. Models and strategies for promoting students'
self-advocacy skills.
B. The program in special education general curriculum
K-12 shall ensure through coursework and field experiences in a variety of
settings that the candidate seeking endorsement in special education general
curriculum K-12 has the special education core competencies and the specific
competency requirements specified in this section.
1. Characteristics.
a. Demonstrate knowledge of definitions, characteristics,
and learning and behavioral support needs of students with disabilities whose
cognitive and functional skills are not significantly different from typically
developing peers and therefore require access to the general education curriculum
for an appropriate education, including but not limited to, students with:
(1) Autism spectrum disorder;
(2) Deaf-blindness;
(3) Developmental delay;
(4) Emotional disability;
(5) Hearing impairment (or deaf and hard of hearing);
(6) Intellectual disability;
(7) Learning disability;
(8) Multiple disabilities;
(9) Orthopedic impairment;
(10) Other health impairment;
(11) Speech-language impairment;
(12) Traumatic brain injury; and/or
(13) Visual impairment (including blindness).
b. Knowledge of characteristics shall include:
(1) Age-span and developmental issues;
(2) Levels of severity;
(3) Cognitive functioning;
(4) Language development;
(5) Emotional and behavioral adjustment;
(6) Social development;
(7) Medical aspects; and
(8) Cultural, ethnic, and socioeconomic factors.
2. Individualized education program development and
implementation.
a. Demonstrate knowledge of the eligibility process and
legal and regulatory requirements for IEP development, including timelines,
components, team composition, roles, and responsibilities.
b. Apply knowledge of content standards, assessment, and
evaluation throughout the K-12 grade levels to:
(1) Construct, use, and interpret a variety of standardized
and nonstandardized data collection techniques, such as task analysis,
observation, portfolio assessment, and other curriculum-based measures;
(2) Make decisions about student progress, instruction,
program, accommodations, placement, teaching methodology, and transition services
and activities for students with disabilities who are accessing the general
education curriculum and the Virginia Standards of Learning; and
(3) Develop an individualized education program (IEP) that
addresses the academic and functional needs of the student with disabilities in
the general education curriculum and meets regulatory requirements.
3. Instructional strategies for reading and writing.
An understanding and application of service delivery,
curriculum, and instruction of students with disabilities, including:
a. Curriculum development that includes a scope and
sequence, lesson plans, instructional methods, and assessments that are based
on the general education curriculum standards of learning at the elementary,
middle, and secondary levels;
b. Foundational knowledge of reading and writing that
includes an understanding of the complex nature of language acquisition and
reading (reading competencies in professional studies requirements). Skills in
this area include: phonemic awareness, an understanding of sound and symbol
relationships, explicit phonics instruction, syllables, phonemes, morphemes,
decoding skills, word attack skills, and knowledge of how phonics, syntax, and
semantics interact. Additional skills shall include proficiency in a wide
variety of comprehension, vocabulary, and writing strategies, as well as the
ability to foster appreciation of a variety of literature, independent reading,
and reading and writing across content areas;
c. Alternative ways to teach content material including
curriculum adaptation and curriculum modifications;
d. Procedures to develop, provide, and evaluate instruction
consistent with students' individual needs;
e. Strategies to promote successful integration of students
with disabilities with their nondisabled peers;
f. Use of technology to promote student learning;
g. Structure and organization of general education
classrooms and other instructional settings representing the continuum of
special education services, to include field experiences; and
h. Demonstrate the ability to implement individual
educational planning and group instruction with students with disabilities who
are accessing the general education curriculum across the K-12 grade levels,
including the ability to:
(1) Identify and apply differentiated instructional
methodologies including systematic instruction, multisensory approaches,
learning cognitive strategies, study skills, diverse learning styles, and
technology use;
(2) Teach skills and remediate deficits in academic areas
at the elementary, middle, and secondary levels;
(3) Provide explicit instruction of reading and writing at
appropriate developmental and grade level in a systematic and cumulative manner
to students with disabilities who are accessing the general education curriculum;
(4) Promote the potential and capacity of individual
students to meet high academic, behavioral, and social expectations;
(5) Design alternative ways to teach content material
including modifying curriculum in both directive and nondirective methodologies;
(6) Use assistive and instructional technology in order to
access the general education curriculum;
(7) Implement and evaluate group management techniques and
individual interventions that teach and maintain emotional, behavioral, and
social skills; and
(8) Implement and monitor IEP specified accommodations
within the general education classroom.
4. Instructional strategies for mathematics.
An understanding and application of service delivery,
curriculum, and instruction of students with disabilities, including:
a. Curriculum development that includes a scope and
sequence, lesson plans, instructional methods, and assessments that are based
on the general education curriculum standards of learning at the elementary,
middle, and secondary levels;
b. Foundational knowledge of the complex nature of numeracy
acquisition and nature of mathematics including mathematical concepts,
mathematical thinking, mathematics vocabulary, calculation, and
problem-solving;
c. Alternative ways to teach content material including
curriculum adaptation and curriculum modifications;
d. Procedures to develop, provide, and evaluate instruction
consistent with students' individual needs;
e. Strategies to promote successful integration of students
with disabilities with their nondisabled peers;
f. Use of technology to promote student learning;
g. Structure and organization of general education
classrooms and other instructional settings representing the continuum of
special education services, to include field experiences;
h. Demonstrate the ability to implement individual
educational planning and group instruction with students with disabilities who
are accessing the general education curriculum across the K-12 grade levels,
including the ability to:
(1) Identify and apply differentiated instructional
methodologies including systematic instruction, multisensory approaches,
learning cognitive strategies, study skills, diverse learning styles, and
technology use;
(2) Teach skills and remediate deficits in academic areas
at the elementary, middle, and secondary levels;
(3) Provide explicit instruction in mathematics at
appropriate developmental and grade level in a systematic and cumulative manner
to students with disabilities who are accessing the general education curriculum;
(4) Promote the potential and capacity of individual
students to meet high academic, behavioral, and social expectations;
(5) Design alternative ways to teach content material
including modifying curriculum in both directive and nondirective methodologies;
(6) Use assistive and instructional technology in order to
access the general education curriculum;
(7) Implement and evaluate group management techniques and
individual interventions that teach and maintain emotional, behavioral, and
social skills; and
(8) Implement and monitor IEP specified accommodations
within the general education classroom.
5. Transitioning.
Demonstrate the ability to prepare students and work with
families to provide successful student transitions throughout the educational
experience to include postsecondary education, training, employment, and
independent living that addresses an understanding of long-term planning,
transition assessments, career development, life skills, community experiences
and resources, self-advocacy, and self-determination, guardianship, and legal
considerations.
a. Skills in consultation, case management, and
collaboration for students with varying degrees of disability severity;
(1) Coordinate service delivery with general educators,
related service providers, and other providers;
(2) Awareness of community resources agencies and
strategies to interface with community agencies when developing and planning
IEPs;
(3) Knowledge of related services and accommodations that
pertain to postsecondary transitions that increase student access to
postsecondary education and community resources;
(4) Ability to coordinate and facilitate meetings involving
parents, students, outside agencies, and administrators.
b. Understand the difference between entitlement and eligibility
for agency services as students move to the adult world including a basic
understanding of Social Security Income benefits planning, work incentive,
Medicaid, and community independent living.
c. Recognize uses of technology and seek out technology at
postsecondary settings that shall aid the student in their education, work, and
independent living.
d. Recognize and plan for individual student potential and
their capacity to meet high academic, behavioral, and social expectations and
the impact of academic and social success on personal development:
(1) Knowledge of person-centered planning strategies to
promote student involvement in planning; and
(2) Knowledge of generic skills that lead to success in
school, work, and community, including time management, preparedness, social
interactions, and communication skills.
e. Understand social skill development and the unique
social skills deficits and challenges associated with disabilities:
(1) Assess social skill strengths and needs; and
(2) Plan and use specialized social skills strategies.
f. Knowledge of use and implementation of vocational
assessments to encourage and support students' self-advocacy and
self-determination skills.
g. Knowledge of graduation requirements, diploma options,
and legal issues surrounding age of majority and guardianship.
6. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
7. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
C. Completion of supervised classroom experiences with
students with disabilities and the general curriculum K-12.
8VAC20-543-510. Special education – general curriculum
elementary education K-6 (add-on endorsement).
The program in special education - general curriculum
elementary education K-6 (add-on endorsement) shall ensure that the candidate
holds an active license with an endorsement in elementary education
(early/primary education preK-3/elementary education preK-6) issued by the
Virginia Board of Education and has demonstrated the following competencies.
The candidate must:
1. Hold a license issued by the Virginia Board of Education
with an endorsement in elementary education (early/primary education
preK-3/elementary education preK-6);
2. Have completed competencies in the education of students
with disabilities distributed in each of the following areas:
a. Foundations. Characteristics that include knowledge of
the foundation for educating students with disabilities; historical, ethical,
and legal aspects that include an understanding and application of the federal
and state regulatory requirements; and expectations associated with
identification, education, and evaluation of students with disabilities.
b. Individualized education program (IEP) development and
implementation.
(1) Knowledge of the eligibility process, legal, and
regulatory requirements of IEP development including timelines, components,
team composition, roles, and responsibilities.
(2) Skills in this area include the ability to apply
knowledge of assessment and evaluation throughout the K-12 grade levels to
construct, use, and interpret a variety of standardized and nonstandardized
data collection techniques; to make decisions about student progress,
instructional, program, goal development, accommodations, placement, and
teaching methodology for students with disabilities who are accessing the general
education curriculum and the standards of learning; and to demonstrate the use
of assessment, evaluation, and other information to develop and implement
individual educational planning and group instruction with students with
disabilities who are accessing the general education curriculum across the K-12
grade levels.
c. Assessment and evaluation.
(1) Understanding and application of the foundation of
assessment and evaluation related to best practice in special education;
including types and characteristics of assessment, introduction to formal and
informal assessment, and use of assessments and other information to determine
special education eligibility, service delivery, curriculum, and instruction of
students with disabilities.
(2) Understanding of the current legal and ethical issues
related to assessment selection and use, including comprehensive evaluation
requirements, students with disabilities participation in the state and local
accountability systems, assessment options, appropriate grading and testing
accommodations, and assessment of students from diverse backgrounds.
d. Instructional strategies in reading and writing.
(1) An understanding and application of service delivery,
curriculum, and instruction of students with disabilities in reading and
writing.
(2) Knowledge of the general curriculum, English
requirements, and expectations, and how to provide access to the curriculum
based on student characteristics and needs.
(3) Ability to assess, interpret data, and implement
instructional practices to address the identified reading needs of the
students. Skills in this area include the ability to identify, understand, and
implement a range of specialized instructional strategies and research-based
interventions that reflect best practice in reading and writing instruction for
students with disabilities.
(4) Ability to align the instructional practices and
intervention with the Standards of Learning and state assessments.
(5) Knowledge and ability to utilize current assistive and
instructional reading and writing technologies to promote learning and
independence for students with disabilities in the general curriculum and the
ability to evaluate the effectiveness of the use of the technologies.
(6) Ability to develop and use curriculum-based and
standardized reading and writing assessments to conduct ongoing evaluations of
instructional materials and practices to determine effectiveness and assess
student needs as it relates to the curriculum design and delivery.
(7) Ability to model and directly teach reading and writing
instructional strategies in a variety of settings and collaborate and co-teach
with general educators to develop and implement instructional practices that meet
the needs of students with disabilities in the general curriculum and monitor
student progress.
e. Instructional strategies in mathematics.
(1) An understanding and application of service delivery,
curriculum, and instruction of students with disabilities in mathematics.
(2) Knowledge of the general curriculum mathematics
requirements and expectations and how to provide access to the curriculum based
on student characteristics and needs.
(3) Ability to assess, interpret data, and implement
instructional practices to address calculations, reasoning, and problem-solving
skills. Skills in this area include the ability to understand and use a range
of specialized mathematics instructional strategies and research-based
interventions that reflect best practice in mathematics instruction for
students with disabilities.
(4) Ability to align the instructional practices and
intervention with the Standards of Learning and state assessments.
(5) Knowledge of and ability to utilize current mathematics
related assistive and instructional technologies to promote learning and
independence for students with disabilities in the general curriculum and the
ability to evaluate the effectiveness of the use of the technologies.
(6) Ability to develop and use curriculum-based and
standardized mathematics assessments to conduct ongoing evaluations of
instructional materials and practices to determine effectiveness and assess
student needs as related to the mathematics curriculum design and delivery.
(7) Ability to model and directly teach mathematics
instructional strategies in a variety of settings and collaborate and co-teach
with general educators to develop and implement instructional practices that meet
the needs of students with disabilities in the mathematics general curriculum
and monitor student progress.
3. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
4. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-520. Special education – general curriculum
middle education grades 6-8 (add-on endorsement).
The program in special education - general curriculum
middle education grades 6-8 (add-on endorsement) shall ensure that the
candidate holds an active license with an endorsement in middle education
(middle education 6-8 English, middle education 6-8 history and social
sciences, middle education 6-8 mathematics, or middle education 6-8 sciences)
issued by the Virginia Board of Education and has demonstrated the following
competencies. The candidate must:
1. Hold a license issued by the Virginia Board of Education
with an endorsement in middle education (middle education 6-8 English, middle
education 6-8 history and social sciences, middle education 6-8 mathematics, or
middle education 6-8 sciences).
2. Have completed competencies in the education of students
with disabilities distributed in each of the following areas:
a. Foundations. Characteristics that include knowledge of
the foundation for educating students with disabilities; historical, ethical,
and legal aspects that include an understanding and application of the federal
and state regulatory requirements; and expectations associated with
identification, education, and evaluation of students with disabilities.
b. Individualized education program (IEP) development and
implementation. Knowledge of the eligibility process and legal and regulatory
requirements of IEP development including timelines, components, team
composition, roles, and responsibilities. Skills in this area include the
ability to apply knowledge of assessment and evaluation throughout the K-12
grade levels to construct, use, and interpret a variety of standardized and
nonstandardized data collection techniques; to make decisions about student
progress, instructional, program, goal development, accommodations, placement,
and teaching methodology for students with disabilities who are accessing the
general education curriculum and the standards of learning; and to demonstrate
the use of assessment, evaluation, and other information to develop and implement
individual educational planning and group instruction with students with
disabilities who are accessing the general education curriculum across the K-12
grade levels.
c. Transitioning. Skills in this area include the ability
to prepare students and work with families and community agencies to provide
successful student transitions throughout the educational experience to include
postsecondary education training, employment, and independent living which
addresses an understanding of long-term planning, career development, life
skills, community experiences and resources, self-advocacy, and
self-determination, guardianship, and legal considerations.
d. Instructional strategies in reading and writing.
(1) An understanding and application of service delivery,
curriculum, and instruction of students with disabilities in reading and
writing.
(2) Knowledge of the general curriculum, English
requirements and expectations, and how to provide access to the curriculum
based on student characteristics and needs.
(3) Ability to assess, interpret data, and implement
instructional practices to address the identified reading needs of the
students. Skills in this area include the ability to identify, understand, and
implement a range of specialized instructional strategies and research-based
interventions that reflect best practice in reading and writing instruction for
students with disabilities.
(4) Ability to align the instructional practices and
intervention with the Standards of Learning and state assessments.
(5) Knowledge and ability to utilize current assistive and
instructional reading and writing technologies to promote learning and
independence for students with disabilities in the general curriculum and the
ability to evaluate the effectiveness of the use of the technologies.
(6) Ability to develop and use curriculum-based and
standardized reading and writing assessments to conduct ongoing evaluations of
instructional materials and practices to determine effectiveness and assess
student needs as related to the curriculum design and delivery.
(7) Ability to model and directly teach reading and writing
instructional strategies in a variety of settings, collaborate and co-teach
with general educators to develop and implement instructional practices that meet
the needs of students with disabilities in the general curriculum, and monitor
student progress.
e. Instructional strategies in mathematics.
(1) An understanding and application of service delivery,
curriculum, and instruction of students with disabilities in mathematics.
(2) Knowledge of the general curriculum mathematics
requirements and expectations and how to provide access to the curriculum based
on student characteristics and needs.
(3) Ability to assess, interpret data, and implement
instructional practices to address calculations, reasoning, and problem-solving
skills. Skills in this area include the ability to understand and use a range
of specialized mathematics instructional strategies and research-based
interventions that reflect best practice in mathematics instruction for
students with disabilities.
(4) Ability to align the instructional practices and
intervention with the Standards of Learning and state assessments.
(5) Knowledge of and ability to utilize current mathematics
related assistive and instructional technologies to promote learning and
independence for students with disabilities in the general curriculum and the
ability to evaluate the effectiveness of the use of the technologies.
(6) Ability to develop and use curriculum-based and
standardized mathematics assessments to conduct ongoing evaluations of
instructional materials and practices to determine effectiveness and assess
student needs as it relates to the mathematics curriculum design and delivery.
(7) Ability to model and directly teach mathematics
instructional strategies in a variety of settings, collaborate and co-teach
with general educators to develop and implement instructional practices that
meet the needs of students with disabilities in the mathematics general
curriculum, and monitor student progress.
3. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
4. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-530. Special education – general curriculum
secondary education grades 6-12 (add-on endorsement).
The program in special education - general curriculum
secondary education grades 6-12 (add-on endorsement) shall ensure that the
candidate holds an active license with an endorsement in English, history and
social sciences, mathematics, biology, chemistry, Earth science, or physics
issued by the Virginia Board of Education and has demonstrated the following
competencies. The candidate must:
1. Hold a license issued by the Virginia Board of Education
with an endorsement in English, history and social sciences, mathematics,
biology, chemistry, Earth science, or physics.
2. Have completed competencies in the education of students
with disabilities distributed in each of the following areas:
a. Foundations. Characteristics that include knowledge of
the foundation for educating students with disabilities; historical, ethical,
and legal aspects that include an understanding and application of the federal
and state regulatory requirements; and expectations associated with
identification, education, and evaluation of students with disabilities.
b. Individualized education program development and
implementation. Knowledge of the eligibility process and legal and regulatory
requirements of IEP development including timelines, components, team composition,
roles, and responsibilities. Skills in this area include the ability to apply
knowledge of assessment and evaluation throughout the K-12 grade levels to
construct, use, and interpret a variety of standardized and nonstandardized
data collection techniques; to make decisions about student progress,
instructional, program, goal development, accommodations, placement, and
teaching methodology for students with disabilities who are accessing the
general education curriculum and the standards of learning; and to demonstrate
the use of assessment, evaluation, and other information to develop and
implement individual educational planning and group instruction with students
with disabilities who are accessing the general education curriculum across the
K-12 grade levels.
c. Transitioning. Skills in this area include the ability
to prepare students and work with families and community agencies to provide
successful student transitions throughout the educational experience to include
postsecondary education training, employment, and independent living which
addresses an understanding of long-term planning, career development, life
skills, community experiences and resources, self-advocacy, and
self-determination, guardianship, and legal considerations.
d. Instructional strategies in reading and writing.
(1) An understanding and application of service delivery,
curriculum, and instruction of students with disabilities in reading and
writing.
(2) Knowledge of the general curriculum, English
requirements and expectations, and how to provide access to the curriculum
based on student characteristics and needs.
(3) Ability to assess, interpret data, and implement
instructional practices to address the identified reading needs of the
students. Skills in this area include the ability to identify, understand, and
implement a range of specialized instructional strategies and research-based
interventions that reflect best practice in reading and writing instruction for
students with disabilities.
(4) Ability to align the instructional practices and
intervention with the Standards of Learning and state assessments.
(5) Knowledge and ability to utilize current assistive and
instructional reading and writing technologies to promote learning and
independence for students with disabilities in the general curriculum and the
ability to evaluate the effectiveness of the use of the technologies.
(6) Ability to develop and use curriculum-based and
standardized reading and writing assessments to conduct ongoing evaluations of
instructional materials and practices to determine effectiveness and assess
student needs as related to the curriculum design and delivery.
(7) Ability to model and directly teach reading and writing
instructional strategies in a variety of settings, collaborate and co-teach
with general educators to develop and implement instructional practices that
meet the needs of students with disabilities in the general curriculum, and
monitor student progress.
e. Instructional strategies in mathematics.
(1) An understanding and application of service delivery,
curriculum, and instruction of students with disabilities in mathematics.
(2) Knowledge of the general curriculum mathematics
requirements and expectations and how to provide access to the curriculum based
on student characteristics and needs.
(3) Ability to assess, interpret data, and implement
instructional practices to address calculations, reasoning, and problem-solving
skills. Skills in this area include the ability to understand and use a range
of specialized mathematics instructional strategies and research-based
interventions that reflect best practice in mathematics instruction for
students with disabilities.
(4) Ability to align the instructional practices and
intervention with the Standards of Learning and state assessments.
(5) Knowledge of and ability to utilize current mathematics
related assistive and instructional technologies to promote learning and
independence for students with disabilities in the general curriculum and the
ability to evaluate the effectiveness of the use of the technologies.
(6) Ability to develop and use curriculum-based and
standardized mathematics assessments to conduct ongoing evaluations of
instructional materials and practices to determine effectiveness and assess
student needs as it relates to the mathematics curriculum design and delivery.
(7) Ability to model and directly teach mathematics
instructional strategies in a variety of settings, collaborate and co-teach
with general educators to develop and implement instructional practices that
meet the needs of students with disabilities in the mathematics general
curriculum, and monitor student progress.
3. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
4. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-540. Speech communication (add-on endorsement).
The program in speech communication shall ensure that the
candidate holds an active license with a teaching endorsement or endorsements
issued by the Virginia Board of Education and has demonstrated the following
competencies:
1. Understanding and knowledge of oral communication,
including language acquisition involving the processes of expressive and
receptive language and voice production involving the aesthetics of speech;
2. Understanding and knowledge of common speech production
patterns, including articulation, pronunciation, and dialectical variances as
these relate to standard English patterns;
3. Understanding the components of effective messages,
including appropriate use of language, voice and diction, and nonverbal
elements;
4. Understanding of and proficiency in effective
communication, including interpersonal communication, small group
communication, skills contributing to effective listening, the art of
persuasion, oral interpretation, group discussion, mass communication, public
speaking, and debate, verbal and nonverbal messages, and the ability to
critique such communication interactions;
5. Understanding media, digital, and visual literacy and
the skills to evaluate and utilize these literacies in presentations;
6. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing;
7. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes;
8. Skills necessary to teach research including ethical
accessing, evaluating, organizing, crediting, and synthesizing information as
needed for speech communication; and
9. Knowledge of the Computer Technology Standards of
Learning and their integration into Speech Communication.
8VAC20-543-550. Theatre arts preK-12.
The program in theatre arts preK-12 shall ensure that the
candidate has demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes of
the theatre arts discipline as defined in the Virginia Standards of Learning
and how these provide a necessary foundation integral to teaching theatre arts.
2. Understanding of the knowledge, skills, and processes
for teaching theatre arts to the developmental levels and academic needs of
students in preK-12, including the following:
a. Experience in planning, developing, administering, and
evaluating a program of theatre arts education;
b. Knowledge and understanding for teaching theatre arts,
including performance and production; theatre history and cultural context;
analysis, evaluation, and critique; and aesthetics;
c. Directing;
d. Technical theatre, including lighting, set design, stage
craft, costuming, makeup, and safety;
e. Performance, including acting and acting styles;
f. Dramatic literature;
g. The relationship of theatre and culture and the
influence of theatre on past and present culture;
h. Knowledge and understanding of technological and
artistic copyright laws;
i. Knowledge and understanding of classroom management and
safety, including performance and studio;
k. Knowledge of instructional and assessment strategies to
foster, support, and enhance student theatre arts learning;
l. Knowledge of related areas of theatre arts, such as art,
dance arts, music, and the visual arts;
m. Knowledge and understanding of technology, with
applications for instruction, resources, artistic expression, administration,
assessment, and communication;
n. Knowledge and understanding of appropriate and sensitive
attention to diversity and cultural understanding; and
o. Observation and student teaching experiences at the
elementary, middle, and secondary levels.
3. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
4. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-560. Visual arts preK-12.
The program in visual arts preK-12 shall ensure that the
candidate has demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes of
the visual arts discipline as defined in the Virginia Standards of Learning,
and how they provide a necessary foundation for teaching the visual arts;
2. Understanding of the knowledge, skills, and processes
for teaching art appropriate to the developmental levels and academic needs of
students in preK-12 including the following areas:
a. Knowledge and experience in planning, developing,
administering, and evaluating a program of visual arts education;
b. Two-dimensional media and concepts: basic and complex
techniques and concepts in two-dimensional design, drawing, painting,
printmaking, computer graphics, and other electronic imagery;
c. Three-dimensional media and concepts: basic and complex
techniques and concepts in three-dimensional design, sculpture, ceramics, fiber
arts, crafts, and computer and other electronic imagery;
d. Knowledge and understanding for teaching the visual
arts, including visual communication and production, art history and cultural
context, analysis, evaluation and critique, and aesthetics;
e. The relationship of visual arts and culture and the
influence of visual arts on past and present cultures;
f. Related areas of visual arts, such as architecture,
dance arts, music, theatre arts, photography, and other expressive arts;
g. Knowledge and understanding of technological and
artistic copyright laws;
h. Knowledge and understanding of classroom management and
safety, including use of toxic art material in various aspects of studio and
classroom work;
i. Knowledge of a variety of instructional and assessment
strategies to foster, support, and enhance student visual arts learning;
j. Knowledge and understanding of technology, with
applications for instruction, resources, artistic expression, administration,
assessment, and communication;
k. Knowledge and understanding of appropriate and sensitive
attention to diversity and cultural understanding; and
l. Observation and student teaching experiences at the
elementary, middle, and secondary levels.
3. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
4. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
Article 4
Administration and Supervision and Support Personnel
8VAC20-543-570. Administration and supervision preK-12.
A. The program in administration and supervision preK-12
shall ensure that the candidate has demonstrated the following competencies:
1. Knowledge, understanding, and application of planning,
assessment, and instructional leadership that builds collective professional
capacity, including;
a. Principles of student motivation, growth, and
development as a foundation for age-appropriate and grade-appropriate
curriculum, instruction, and assessment;
b. Collaborative leadership in gathering and analyzing data
to identify needs to develop and implement a school improvement plan that
results in increased student learning;
c. Planning, implementation, and refinement of
standards-based curriculum aligned with instruction and assessment;
d. Collaborative planning and implementation of a variety
of assessment techniques, including examination of student work, that yield
individual, class, grade level, and school level data as a foundation for
identifying existing competencies and targeting areas in need of further attention;
e. Incorporation of differentiated and effective
instruction that responds to individual learner needs including appropriate
response to cultural, ethnic, and linguistic diversity;
f. Knowledge, understanding, and application of the federal
and state regulatory requirements, and expectations associated with
identification, education, and evaluation of students with disabilities;
g. Collaboratively working with parents and school
personnel to ensure that students with disabilities are included as a valued
part of the school community, and that they receive effective and appropriately
intensive instruction to assist them in meeting the standards set for all
students as well as individual goals outlined in their individualized education
plans (IEPs);
h. Integration of technology in curriculum and instruction
to enhance learner understanding;
i. Identification, analysis, and resolution of problems
using effective problem-solving techniques; and
j. Development, articulation, implementation, and
stewardship of a vision of excellence linked to mission and core beliefs that
promote continuous improvement consistent with the goals of the school
division.
2. Knowledge, understanding, and application of leadership
and organizations, including;
a. The change process of systems, organizations, and
individuals using appropriate and effective adult learning models;
b. Aligning organizational practice, division mission, and
core beliefs for developing and implementing strategic plans;
c. Information sources and processing, including data
collection and data analysis strategies;
d. Using data as a part of ongoing program evaluation to
inform and lead change;
e. Developing a change management strategy for improved
student outcomes;
f. Developing distributed leadership strategies to create
personalized learning environments for diverse schools; and
g. Effective two-way communication skills including
consensus building, negotiation, and mediation skills.
3. Knowledge, understanding, and application of management
and leadership skills that achieve effective and efficient organizational
operations and sustain an instructional program conducive to student academic
progress, including;
a. Alignment of curriculum and instruction and assessment
of the educational program to achieve high academic success at the school and
division or district level;
b. Principles and issues of supervising and leading others
to ensure a working and learning climate that is safe, secure, and respectful
of a diverse school community;
c. Management decisions that ensure successful teaching and
learning including human resources management and development, theories of
motivation, change in school culture, innovation and creativity, conflict
resolution, adult learning, and professional development models;
d. Knowledge, understanding, and application of Virginia's
Guidelines for Uniform Performance Standards and Evaluation Criteria for
Teachers and the Guidelines for Uniform Performance Standards and Evaluation
Criteria for Principals;
e. Principles and issues related to fiscal operations of
school management;
f. Principles and issues related to school facilities and
use of space and time for supporting high-quality school instruction and
student learning;
g. Legal issues impacting school operations and management;
h. Technologies that support management functions; and
i. Application of data-driven decision-making to initiate
and continue improvement in school and classroom practices and student
achievement.
4. Knowledge, understanding, and application of the conditions
and dynamics impacting a diverse school community, including:
a. Emerging issues and trends within school and community
relations;
b. Working collaboratively with staff, families, and
community members to secure resources and to support the success of a diverse
population;
c. Developing appropriate public relations and public
engagement strategies and processes for building and sustaining positive
relationships with families, caregivers, and community partners; and
d. Integration of technology to support communication
efforts.
5. Knowledge, understanding, and application of the purpose
of education and the role of professionalism in advancing educational goals,
including:
a. Philosophy of education that reflects commitment to
principles of honesty, fairness, caring, and equity in day-to-day professional
behavior;
b. Integration of high quality, content rich, job-embedded
professional learning that respects the contribution of all faculty and staff
members in building a diverse professional learning community;
c. Reflective understanding of potential moral and legal
consequences of decision-making in the school setting;
d. Intentional and purposeful effort to model professional,
moral, and ethical standards as well as personal integrity in all interactions;
and
e. Intentional and purposeful effort to model continuous
professional learning and to work collegially and collaboratively with all
members of the school community to support the school's goals and enhance its
collective capacity.
6. Knowledge, understanding, and application of basic
leadership theories and influences that impact schools including:
a. Concepts of leadership including systems theory, change
theory, learning organizations, and current leadership theory;
b. Identify and respond to internal and external forces and
influences on a school;
c. Identify and apply the processes of educational policy
development at the state, local, and school level; and
d. Identify and demonstrate ways to influence educational
policy development at the state, local, and school level.
B. Complete a deliberately structured and supervised
internship that is focused on student academic progress for all students and
1. Provides significant experiences within a school
environment for candidates to synthesize and apply the content knowledge and
develop professional skills through school-based leadership experiences;
2. Shall occur in a public or accredited nonpublic school;
3. Provides exposure to five different multiple sites
(elementary, middle, high, central office, and agency) with diverse student
populations; and
4. Documents a minimum of 320 clock hours, of which at
least 120 clock hours are embedded as experiential field-based opportunities
experienced during coursework.
C. Satisfy the requirements for the school leaders
licensure assessment prescribed by the Board of Education. Individuals seeking
an initial administration and supervision endorsement who are interested in
serving as central office instructional personnel are not required to take and
pass the school leaders assessment prescribed by the Board of Education.
8VAC20-543-580. Mathematics specialist for elementary
education.
A. A mathematics specialist is a teacher in the elementary
grades who has interest and special preparation in mathematics content,
scientifically based research in the teaching and learning of mathematics,
diagnostic and assessment methods, and leadership skills. The school-based
mathematics specialist shall serve as a resource in professional development,
instructing children who have learning difficulties in mathematics, curriculum
development and implementation, mentoring new teachers, and parent and
community education.
B. The mathematics specialist program shall ensure that
the candidate has completed at least three years of successful classroom
teaching experience in which the teaching of mathematics was an important
responsibility and demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes of
the Virginia Mathematics Standards of Learning and how curriculum may be
organized to teach these standards to diverse learners;
2. Understanding of a core knowledge base of concepts and
procedures within the discipline of mathematics, including the following
strands: number systems and number theory; geometry and measurement; statistics
and probability; and functions and algebra;
3. Understanding of the sequential nature of mathematics,
the vertical progression of mathematical standards, and the mathematical
structures inherent in the content strands;
4. Understanding of the connections among mathematical
concepts and procedures and their practical applications;
5. Understanding of and the ability to use the five
processes - becoming mathematical problem-solvers, reasoning mathematically, communicating
mathematically, making mathematical connections, and using mathematical models
and representations - at different levels of complexity;
6. Understanding of major current curriculum studies and
trends in mathematics;
7. Understanding how to utilize appropriate technologies
for teaching and learning mathematics including virtual manipulatives;
8. Understanding of and the ability to select, adapt,
evaluate, and use instructional materials and resources, including professional
journals and technology;
9. Understanding of and the ability to use strategies for
managing, assessing, and monitoring student learning, including diagnosing
student errors;
10. Understanding of and the ability to use strategies to
teach mathematics to diverse learners;
11. Understanding of leadership skills needed to improve
mathematics programs at the school and division levels, including the needs of
high-achieving and low-achieving students and of strategies to challenge them
at appropriate levels; child psychology, including personality and learning
behaviors; educational measurement and evaluation; and effective professional
development approaches;
12. Understanding of how to develop and lead appropriate
professional development based on the needs of students and the school
community;
13. Understanding of how to work with school-based
administration for the improvement of mathematics teaching and learning;
14. Understanding of how to effectively mentor teachers for
the improvement of mathematics teaching and learning;
15. Understanding of how to effectively work with parents
and the at-large community to improve mathematics teaching and learning;
16. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing; and
17. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-590. Mathematics specialist for middle education.
A. A mathematics specialist is a teacher in the middle
grades who has interest and special preparation in mathematics content,
scientifically-based research in the teaching and learning of mathematics,
diagnostic and assessment methods, and leadership skills. The school-based
mathematics specialist shall serve as a resource in professional development,
instructing children who have learning difficulties in mathematics, curriculum
development and implementation, mentoring new teachers, and parent and
community education.
B. The mathematics specialist program shall ensure that
the candidate has completed at least three years of successful classroom
teaching experience in which the teaching of mathematics was an important
responsibility and demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes of
the Virginia Mathematics Standards of Learning and how curriculum may be
organized to teach these standards to diverse learners;
2. Understanding of a core knowledge base of concepts and
procedures within the discipline of mathematics, including the following
strands: number systems and number theory; geometry and measurement; statistics
and probability; and functions and algebra;
3. Understanding of the sequential nature of mathematics,
the vertical progression of mathematical standards, and the mathematical
structures inherent in the content strands;
4. Understanding of the connections among mathematical
concepts and procedures and their practical applications;
5. Understanding of and the ability to use the five
processes - becoming mathematical problem-solvers, reasoning mathematically,
communicating mathematically, making mathematical connections, and using
mathematical models and representations - at different levels of complexity;
6. Understanding of major current curriculum studies and
trends in mathematics;
7. Understanding how to utilize appropriate technologies
for teaching and learning mathematics, including graphing utilities, dynamic
software, spreadsheets, and virtual manipulatives;
8. Understanding of and the ability to select, adapt,
evaluate, and use instructional materials and resources, including professional
journals and technology;
9. Understanding of and the ability to use strategies for
managing, assessing, and monitoring student learning, including diagnosing
student errors;
10. Understanding of and the ability to use strategies to
teach mathematics to diverse learners;
11. Understanding of leadership skills needed to improve
mathematics programs at the school and division levels, including the needs of
high-achieving and low-achieving students and of strategies to challenge them
at appropriate levels; child psychology, including personality and learning
behaviors; educational measurement and evaluation; and effective professional
development approaches;
12. Understanding of how to develop and lead appropriate
professional development based on the needs of students and the school
community;
13. Understanding of how to work with school-based
administration for the improvement of mathematics teaching and learning;
14. Understanding of how to effectively mentor teachers for
the improvement of mathematics teaching and learning;
15. Understanding of how to effectively work with parents
and the at-large community to improve mathematics teaching and learning;
16. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing; and
17. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-600. Reading specialist.
The reading specialist program shall ensure that the
candidate has demonstrated the following competencies:
1. Assessment and diagnostic teaching. The candidate shall:
a. Demonstrate expertise in the use of formal and informal
screening, diagnostic, and progress monitoring assessment for language
proficiency, concepts of print, phonemic awareness, letter recognition,
decoding, fluency, vocabulary, reading levels, and comprehension; and
b. Demonstrate expertise in the ability to use diagnostic
data to inform instruction for acceleration, intervention, remediation, and
differentiation.
2. Communication: speaking, listening, media literacy. The
candidate shall:
a. Demonstrate expertise in the knowledge, skills, and
processes necessary for teaching communication, (speaking, listening, and media
literacy);
b. Demonstrate expertise 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 an understanding of the unique needs of
students with language differences and delays;
e. Demonstrate the ability to promote creative thinking and
expression, such as through storytelling, drama, and choral and oral reading,
etc.; and
f. Demonstrate the ability to teach students to identify
the characteristics of, and apply critical thinking to, media messages and to
facilitate their proficiency in using various forms of media to collaborate and
communicate.
3. Reading. The candidate shall:
a. Demonstrate expertise in explicit and systematic phonics
instruction, including an understanding of sound and symbol relationships,
syllables, phonemes, morphemes, decoding skills, word analysis, and word attack
skills;
b. Demonstrate expertise in the morphology of English
including inflections, prefixes, suffixes, roots, and word relationships;
c. Demonstrate expertise in strategies to increase
vocabulary;
d. Demonstrate expertise in the structure of the English
language, including and understanding of syntax, semantics, and vocabulary
development;
e. Demonstrate expertise in reading comprehension
strategies, including a repertoire of questioning strategies, understanding the
dimensions of word meanings, teaching predicting, inferencing, summarizing,
clarifying, evaluating, and making connections;
f. Demonstrate expertise in the ability to teach strategies
in literal, interpretive, critical, and evaluative comprehension;
g. Demonstrate the ability to develop comprehension skills
in all content areas;
h. Demonstrate the ability to foster appreciation of a
variety of literature; and
i. Understand the importance of promoting independent
reading and reading strategically through a variety of means including by
selecting fiction and nonfiction texts of appropriate yet engaging topics and
reading levels; and
j. Demonstrate effective strategies for teaching students
to view, interpret, analyze, and represent information and concepts in visual
form with or without the spoken or written word.
4. Writing. The candidate shall:
a. Demonstrate expertise in the knowledge, skills, and
processes necessary for teaching writing, including the domains of composing
and written expression and usage and mechanics and the writing process of
planning, drafting, revising, editing, and sharing;
b. Demonstrate expertise 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 expertise to teach the writing process:
plan, draft, revise, edit, and share in the narrative, descriptive, and
explanative modes.
5. Technology. The candidate shall demonstrate expertise in
their use of technology for both process and product as they work to guide
students with reading, writing, and research.
6. Leadership, coaching, and specialization. The candidate
shall:
a. Demonstrate an understanding of developmental
psychology, including personality and learning behaviors;
b. Demonstrate an understanding of the needs of high
achieving students and of strategies to challenge them at appropriate levels;
c. Demonstrate an understanding of the significance of
cultural contexts upon language;
d. Demonstrate an understanding of varying degrees of
learning disabilities;
e. Demonstrate expertise with educational measurement and
evaluation including validity, reliability, and normative comparisons in test
design and selections;
f. Demonstrate expertise to interpret grade equivalents,
percentile ranks, normal curve equivalents, and standards scores;
g. Demonstrate the ability to instruct and advise teachers
in the skills necessary to differentiate reading instruction for both low and
high achieving readers;
h. Demonstrate the ability to coach and support teachers
through classroom observations, demonstrations, co-teaching, and other forms of
job-embedded professional development;
i. Demonstrate the ability to organize and supervise the
reading program within the classroom, school, or division;
j. Demonstrate effective communication skills in working
with a variety of groups, including parents, teachers, administrators,
community leaders, etc.;
k. Demonstrate knowledge of current research and exemplary
practices in English and reading;
l. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing; and
m. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
8VAC20-543-610. School counselor preK-12.
The school counselor preK-12 program shall ensure that the
candidate has demonstrated the following competencies:
1. The ability to support students by cooperatively working
with parents and guardians and teachers.
2. Understanding of the principles and theories of human
growth and development throughout the lifespan and their implications for
school counseling.
3. Understanding of the social and cultural foundations of
education and their implications for school counseling programs.
4. Understanding of lifespan career development.
5. Understanding of the skills and processes for counseling
students to include:
a. Individual and group counseling for academic
development;
b. Individual and group counseling for career development;
and
c. Individual and group counseling for personal and social
development.
6. Understanding of the knowledge, skills, and processes
for providing developmental group guidance, including:
a. Academic development;
b. Career development; and
c. Personal and social development.
7. Understanding of the skills and processes related to the
school counseling program at the elementary, middle, and secondary levels,
including:
a. Characteristics of learners at the elementary, middle,
and secondary levels;
b. Program planning;
c. Coordination; and
d. Consultation.
8. Understanding of the knowledge, skills, and processes of
student appraisal and assessment relative to school guidance and counseling
programs, including:
a. Individual assessment; and
b. Group assessment.
9. Understanding of the school counseling professional,
including:
a. Legal considerations;
b. Ethical considerations; and
c. Professional issues and standards.
10. Understanding of the skills and processes of research
and evaluation aimed at improving school counseling programs.
11. Understanding work-based learning methods of
instruction such as internship, job shadowing, cooperative education,
mentorship, service learning, clinical, and youth apprenticeship,
12. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
13. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
14. The program shall include at least 100 clock hours of
internship and practicum experience in the preK-6 setting and 100 clock hours
of internship and practicum experience in the grades 7-12 setting.
8VAC20-543-620. School psychology.
The school psychology program shall ensure that the
candidate has demonstrated the following competencies:
1. Knowledge of basic teaching and learning principles and
the conditions under which they operate maximally (academic environment and
instructional match).
2. Knowledge and application of psychological foundations of
human functioning including biological bases of behavior; cultural diversity;
infant, child, and adolescent development; effects of poverty and lack of
opportunity on learning; interplay between behavior, learning and motivation;
personality theory; human learning; and social bases of behavior and mental
health, to ensure student academic achievement, student growth and development,
and mental health.
3. Knowledge of and skill at applying educational
foundations of schooling, including education of exceptional learners;
evidence-based instructional and remedial interventions, techniques, and
strategies; formative and summative evaluation; evidence-based behavioral
interventions; and organization and operations of schools, to ensure effective
collaboration with other school professionals toward implementing school
practices that promote learning and mental health.
4. Knowledge of various methods for assessing students'
cognitive processes and abilities and skill in administering a variety of such
methods; knowledge of various methods for assessing student academic strengths
and weaknesses and skill in administering a variety of such methods; knowledge
of various methods for assessing student interpersonal emotional and social and
behavioral functioning and skill in administering a variety of such methods;
and knowledge of universal screening measures designed for early and tiered
academic and behavioral intervention. Knowledge of a variety of progress
monitoring tools, especially student growth percentiles and skill in
implementing at least two such tools.
5. Understanding and knowledge of direct and indirect
methods of academic and behavioral intervention, and proficiency in delivering
such interventions including:
a. Counseling on an individual, group, and family basis;
b. Consulting with administrators, teachers, parents, and
other professionals about student problems and appropriate change strategies;
c. Designing and implementing individual and group behavior
change programs; designing, implementing, and evaluating crisis intervention
and threat (self-directed and other-directed) assessment programs; and
d. Designing and implementing academic and instructional
interventions.
6. Statistics and research design, measurement, and program
evaluation.
7. The profession of psychology applied to schools,
including:
a. Basic knowledge of the standards of practice promoted by
the National Association of School Psychologists (NASP);
b. Knowledge of and skill with several basic
problem-solving schemes;
c. Knowledge of and ability to identify the variety of
mental health problems exhibited by infants, children, and adolescents through
age 21, including the ability to collaborate with other community-based
professionals and private practitioners in providing wraparound services to the
extent possible (systems of care philosophy);
d. History and foundations of school psychology;
e. Legal and ethical issues of practicing in schools;
f. Professional issues and standards related to practicing
as a psychologist in a public school setting; and
g. Knowledge of the roles of all individuals practicing and
working in a public school setting.
8. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
9. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
10. The candidate shall have earned a baccalaureate degree
from a regionally accredited college or university and completed 60 graduate
hours, 54 of which are academic coursework, exclusive of field-based
experiences, that culminate in at least a master's degree.
11. The candidate shall complete an internship that is documented
by the degree granting institution. The internship experience shall occur on a
full-time basis over a period of one year or on a half-time basis over a period
of two consecutive years. The internship shall occur under conditions of
appropriate supervision (i.e., the school-based supervisor shall be licensed as
either a school or clinical psychologist). The internship shall include
experiences at multiple age levels, at least one half of which shall be in an
accredited schooling setting.
8VAC20-543-630. School social worker.
The school social worker program shall ensure that the
candidate has demonstrated the following competencies:
1. Understanding of the knowledge, skills, and processes
for direct and indirect intervention, including:
a. Facilitating integrated intervention efforts that
emphasize primary prevention, early screening, and multi-tiered interventions
that target multiple risk factors in various settings;
b. Identifying approaches that seek to improve individual
and system factors contributing to academic success and data-informed decision
making and intervention fidelity;
c. Counseling on an individual, group, or family basis;
d. Consulting with administrators, teachers, parents, and
other professionals about student problems and appropriate change strategies;
e. Networking and brokering with school programs and
community agencies to provide essential services for families and children; and
f. Skills in collaborating with and facilitating
collaboration among students, parents, members, administrators, teachers, and
staff to identify ways to intervene early, reduce barriers to learning, and
improve student outcomes.
2. Understanding of child development, psychopathology,
social and environmental conditioning, cultural diversity, and family systems
including:
a. Acknowledgment of the interrelatedness of various
ecological systems such as education, juvenile justice, family and children's
health, mental health, and child protective services; and
b. Knowledge of social problem impact on student
performance and behaviors.
3. Understanding of the knowledge, skills, and processes
for effective casework practice:
a. Examine factors in home, school, and community that
impact students' educational performance and success; and
b. Assist in reducing identified barriers to learning.
4. Specialized knowledge and understanding of the
organization and operations of school systems including:
a. Historical and current perspectives of public school
education at the local, state, and national levels, including educational
reform and legislation; and
b. Identifying and conveying the impact social problems,
within ecological systems of home, school, and community, have on student
performance in the educational setting.
5. Understanding of the knowledge, skills, and processes
involved with assessing and programming for exceptional students including:
a. Skills in implementing systematic assessment, data
gathering and interpretation at multiple levels, and developing action plans to
address the areas of need;
b. Identifying and utilizing research-based interventions
to enhance the educational opportunities and school performance of vulnerable
and at-risk populations;
c. Providing leadership in developing prevention programs
and policies with administrators that impact school climate, student learning,
and academic success; and
d. Ability to facilitate team decision-making and
problem-solving strategies.
6. Understanding of the school social work profession,
including:
a. History and foundations of school social work;
b. Legal and ethical issues;
c. Professional issues and standards; and
d. The role and function of the school social worker to
include contextual variables influencing school social work roles and functions
(e.g., political, legal, ethical, and value-based issues) that confront
schools.
7. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
8. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
9. The candidate shall have earned a master's of social
work degree from a regionally accredited college or university school of social
work with a minimum of 60 graduate semester hours.
10. The candidate shall complete a minimum of six graduate
semester hours in education to include six semester hours from two of the
following courses:
a. The teaching profession (3 semester hours);
b. Characteristics of special education (3 semester hours);
c. Human development and learning (3 semester hours); or
d. Classroom and behavior management (3 semester hours).
11. The candidate shall complete a supervised practicum or
field experience of a minimum of 400 clock hours in a public or accredited
nonpublic school discharging the duties of a school social worker. One year of
successful, full-time experience as a school social worker in a public or
accredited nonpublic school may be accepted in lieu of the school social work
practicum.
8VAC20-543-640. Vocational evaluator.
The vocational evaluator program shall ensure that the
candidate has demonstrated the following competencies:
1. Understanding of the foundations of vocational
evaluation and career assessment, including philosophy and process of
vocational evaluation and assessment, use of occupational and labor market
information, and functional aspects of physical, mental and intellectual
disabilities.
2. Understanding of the basic concepts and skills of
planning for and delivering vocational evaluation and career assessment
services, including the use of vocational interviewing, individualized service
planning, report development and communication, and use of modifications and
accommodations.
3. Ability to modify standard instruments and to develop
new instruments to respond to labor markets or individual needs.
4. Understanding of the federal and state laws and
regulations pertaining to special education (Individuals with Disabilities
Education Act), rehabilitation (Rehabilitation Act and the Americans with
Disabilities Act.)
5. Understanding of the content, processes, and skills
necessary to administer and report findings of standardized testing, including
knowledge of tests and measurements and selection and use of appropriate
instruments.
6. Above average communication skills in order to explain
assessment information to school personnel, parents, students, and other
service providers
7. Understanding of natural supports and assistive technology.
8. Ability to select, administer, and interpret a wide
assortment of evaluation instruments which includes commercial work sample
systems, and situational assessments.
9. Understanding and knowledge of specific assessment
techniques and skills and the processes for conducting vocational evaluation
and career assessment, including:
a. Job and training analysis;
b. Work samples and systems;
c. Situational and community-based assessment;
d. Behavioral observation;
e. Learning and functional skills assessment; and
f. Work site assessment (ecological assessment).
10. Understanding of and proficiency in grammar, usage, and
mechanics and their integration in writing.
11. Understanding of and proficiency in pedagogy to
incorporate writing as an instructional and assessment tool for candidates to
generate, gather, plan, organize, and present ideas in writing to communicate
for a variety of purposes.
NOTICE: The following
form used in administering the regulation was filed by the agency. The form is
not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name of the form with a hyperlink to
access it. The form is also available from the agency contact or may be viewed
at the Office of the Registrar of Regulations, General Assembly Building, 2nd
Floor, Richmond, Virginia 23219.
FORMS (8VAC20-543)
Request
for New Education Program Endorsement Area (undated)
VA.R. Doc. No. R13-3477; Filed July 27, 2015, 12:31 p.m.
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final Regulation
Title of Regulation: 9VAC25-91. Facility and
Aboveground Storage Tank (AST) Regulation (amending 9VAC25-91-10 through 9VAC25-91-70, 9VAC25-91-100,
9VAC25-91-120 through 9VAC25-91-180, 9VAC25-91-200, 9VAC25-91-220; adding
9VAC25-91-145; repealing 9VAC25-91-90).
Statutory Authority: §§ 62.1-44.15, 62.1-44.34:15,
62.1-44.34:15.1, and 62.1-44.34:19.1 of the Code of Virginia.
Effective Date: November 1, 2015.
Agency Contact: Melissa Porterfield, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,
telephone (804) 698-4238, FAX (804) 698-4346, or email
melissa.porterfield@deq.virginia.gov.
Summary:
The amendments (i) incorporate new performance standards
for certain aboveground storage tanks located in the City of Fairfax as
mandated by Chapter 884 of the 2011 Acts of Assembly, (ii) clarify the
applicability of the regulations, (iii) remove the requirement for the payment
of registration fees, and (iv) reorganize 9VAC25-91-130 to make the pollution
prevention regulations easier to understand.
Summary of Public Comments and Agency's Response: A
summary of comments made by the public and the agency's response may be
obtained from the promulgating agency or viewed at the office of the Registrar
of Regulations.
Part I
Program Administration
9VAC25-91-10. Definitions.
The following words and terms when used in this chapter shall
have the following meanings, unless the context clearly indicates otherwise:
"Aboveground storage tank" or "AST" means
any one or combination of tanks, including pipes, used to contain an accumulation
of oil at atmospheric pressure, and the volume of which, including the volume
of the pipes, is more than 90% above the surface of the ground. This term does
not include line pipe and breakout tanks of an interstate pipeline regulated
under the federal Accountable Pipeline Safety and Partnership Act of 1996 (49
USC § 60101 et seq.).
"Board" means the State Water Control Board.
"Containment and cleanup" means abatement,
containment, removal and disposal of oil and, to the extent possible, the
restoration of the environment to its existing state prior to an oil discharge.
"Corrosion professional" means a person who by
reason of thorough knowledge of the physical sciences and the principles of
engineering and mathematics acquired by a professional education and related
practical experience is qualified to engage in the practice of corrosion
control on buried or submerged metal piping systems and metal tanks. Such a
person shall be accredited or certified as being qualified by the National
Association of Corrosion Engineers or be a registered professional engineer who
has certification or licensing that includes education and experience in
corrosion control of buried or submerged metal piping systems and metal tanks.
"Department" means the Department of Environmental
Quality (DEQ).
"Discharge" means any spilling, leaking, pumping,
pouring, emitting, emptying, or dumping.
"Elevated tank" means an AST that is not in
contact with the ground and that is raised above the surface of the ground.
"Facility" means any development or installation
within the Commonwealth that deals in, stores or handles oil and includes a
pipeline.
"Flow-through process tank" means (as defined in 40 CFR
Part 280) a tank that forms an integral part of a production process through which
there is a steady, variable, recurring, or intermittent flow of materials
during the operation of the process. Flow-through process tanks do not include
tanks used for the storage of materials prior to their introduction into the
production process or for the storage of finished products or by-products from
the production process.
"Local building official" means the person
authorized by the Commonwealth to enforce the provisions of the Uniform
Statewide Building Code (USBC).
"Local director or coordinator of emergency
services" means any person appointed pursuant to § 44-146.19 of the Code
of Virginia.
"Major repair" means alterations that refer to
operations that require cutting, additions, removal or replacement of the
annular plate ring, the shell-to-bottom weld or a sizable portion of the AST
shell.
"Oil" means oil of any kind and in any form,
including, but not limited to, petroleum and petroleum by-products, fuel oil,
lubricating oils, sludge, oil refuse, oil mixed with other wastes, crude oils,
and all other liquid hydrocarbons regardless of specific gravity.
"Operator" means any person who owns, operates,
charters by demise, rents, or otherwise exercises control over or
responsibility for a facility or a vehicle or a vessel.
"Person" means an individual; trust; firm; joint
stock company; corporation, including a government corporation; partnership;
association; any state or agency thereof; municipality; county; town;
commission; political subdivision of a state; any interstate body; consortium;
joint venture; commercial entity; the government of the United States or any
unit or agency thereof.
"Pipes" or "piping" means a
pressure-tight cylinder used to convey a fluid or to transmit a fluid pressure
and is ordinarily designated "pipe" in applicable material
specifications. Materials designated "tube" or "tubing" in
the specifications are treated as pipe when intended for pressure service. This
term includes piping and associated piping which is utilized in the operation of
an AST, or emanating from or feeding ASTs or transfers oil from or to an AST
(e.g., dispensing systems, including airport hydrant fueling systems, supply
systems, gauging systems, auxiliary systems, etc.). This term does not include
line pipe and breakout tanks of an interstate pipeline regulated under the
federal Accountable Pipeline Safety and Partnership Act of 1996 (49 USC § 60101
et seq.).
"Pipeline" means all new and existing pipe, rights
of way, and any equipment, facility, or building used in the transportation of
oil, including, but not limited to, line pipe, valves, and other appurtenances
connected to line pipe; pumping units; fabricated assemblies associated with
pumping units; metering and delivery stations and fabricated assemblies
therein; and breakout tanks.
"Release prevention barrier (RPB)" means a
nonearthen barrier that is impermeable; is composed of material compatible with
oil stored in the AST; meets proper engineering strength and elasticity
standards; and functions to prevent the discharge of stored oil to state lands,
waters and storm drains. It must contain and channel any leaked oil in a manner
that provides for early release detection through the required daily and weekly
inspections.
"State waters" means all water, on the surface and
under the ground, wholly or partially within or bordering the Commonwealth or
within its jurisdiction.
"Storage capacity" means the total capacity of an
AST or a container, whether filled in whole or in part with oil, a mixture of
oil, or mixtures of oil with nonhazardous substances, or empty. An AST that has
been permanently closed in accordance with this chapter has no storage
capacity.
"Tank" means a device designed to contain an
accumulation of oil and constructed of nonearthen materials, such as concrete,
steel, or plastic, that provides structural support. This term does not include
flow-through process tanks as defined in 40 CFR Part 280.
"Tank vessel" means any vessel used in the
transportation of oil as bulk cargo.
"Upgrade" means an alteration of the performance,
design, equipment or appurtenances of an AST or facility to meet a higher, new,
or current standard.
"Vaulted tank" means any tank situated upon or
above the surface of the floor in an underground area (such as an underground
room, basement, cellar, mine-working, drift, shaft, tunnel or vault) providing
enough space for physical inspection of the exterior of the tank.
"Vehicle" means any motor vehicle, rolling stock,
or other artificial contrivance for transport whether self-propelled or
otherwise, except vessels.
"Vessel" includes every description of watercraft
or other contrivance used as a means of transporting on water, whether
self-propelled or otherwise, and shall include barges and tugs.
9VAC25-91-20. Applicability.
A. The operator shall comply with all applicable requirements
pursuant to this chapter. The operator as defined in this chapter can be more
than one person and each operator shares joint responsibility for compliance.
B. The requirements of this chapter may vary in their
applicability to any given AST or facility depending on the part in which the
requirement appears. The applicability of Parts II, III, IV, and V are
differentiated apply as follows:
1. The provisions of Part II (9VAC25-91-100 et seq., Registration,
Notification and Closure Requirements) of this chapter apply to: (i) an
individual AST located within the Commonwealth of Virginia with an aboveground
storage capacity greater than 660 gallons of oil, unless otherwise specified
within this chapter; and (ii) all facilities in the Commonwealth of Virginia
with an aggregate aboveground storage capacity greater than 1,320 gallons of
oil, unless otherwise specified within this chapter. Storage of oil that is
excluded from regulation in 9VAC25-91-30 A is not included when calculating the
aggregate aboveground storage capacity.
2. The provisions of Part III (9VAC25-91-130 et seq.,
Pollution Prevention Requirements) of this chapter apply to: (i) an individual
AST located within the Commonwealth of Virginia with an aboveground storage
capacity of 25,000 gallons or greater of oil, unless otherwise specified within
this chapter; and (ii) all facilities in the Commonwealth of Virginia with an
aggregate aboveground storage capacity of 25,000 gallons or greater of oil,
unless otherwise specified within this chapter. Storage of oil that is
excluded from regulation in 9VAC25-91-30 A is not included when calculating the
aggregate aboveground storage capacity.
3. The provisions of Part IV (9VAC25-91-170, Oil Discharge
Contingency Plan (ODCP) Requirements) of this chapter apply to: (i) an
individual AST located within the Commonwealth of Virginia with an aboveground
storage capacity of 25,000 gallons or greater of oil, unless otherwise
specified within this chapter; and (ii) all facilities in the Commonwealth of
Virginia with an aggregate aboveground storage capacity of 25,000 gallons or
greater of oil, unless otherwise specified within this chapter. Storage of
oil that is excluded from regulation in 9VAC25-91-30 A is not included when
calculating the aggregate aboveground storage capacity.
4. The provisions of Part V (9VAC25-91-180 et seq.,
Groundwater Characterization Study (GCS) and GCS Well Monitoring Requirements)
of this chapter apply to: (i) an individual AST located within the Commonwealth
of Virginia with an aboveground storage capacity of one million gallons or
greater of oil, unless otherwise specified within this regulation; and (ii) all
facilities in the Commonwealth of Virginia with an aggregate aboveground storage
capacity of one million gallons or greater of oil, unless otherwise specified
within this chapter. Storage of oil that is excluded from regulation in
9VAC25-91-30 A is not included when calculating the aggregate aboveground
storage capacity.
9VAC25-91-30. Exclusions.
A. The requirements of this chapter do not apply to:
1. Vessels;
2. Licensed motor vehicles, unless used solely for the storage
of oil [ (e.g., airport refueling trucks and mobile refueling vehicles) ];
3. An AST with a storage capacity of 660 gallons or less of
oil;
4. An AST containing petroleum, including crude oil or any
fraction thereof, which is liquid at standard temperature and pressure (60°F at
14.7 pounds per square inch absolute) subject to and specifically listed or
designated as a hazardous substance under subparagraphs (A) through (F) of §
101(14) of the federal Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) (42 USC § 9601 et seq.);
5. A wastewater treatment tank system that is part of a
wastewater treatment facility regulated under § 402 or § 307(b) of
the federal Clean Water Act (33 USC § 1251 et seq.);
6. An AST that is regulated by the Department of Mines,
Minerals and Energy under Chapter 22.1 (§ 45.1-361.1 et seq.) of Title
45.1 of the Code of Virginia;
7. An AST used for the storage of products that are regulated
pursuant to the federal Food, Drug, and Cosmetic Act (21 USC § 301 et seq.);
8. An AST that is used to store hazardous wastes listed or
identified under Subtitle C of the Resource Conservation and Recovery Act
(RCRA) (Solid Waste Disposal Act) (42 USC § 6901 et seq.), or a mixture of
such hazardous wastes and other regulated substances;
9. An AST that is used to store propane gas, butane gas or
other liquid petroleum gases;
10. An AST used to store nonpetroleum hydrocarbon-based animal
and vegetable oils;
11. A liquid trap or associated gathering lines directly
related to oil or gas production, or gathering operations;
12. A surface impoundment, pit, pond, or lagoon;
13. A stormwater or wastewater collection system;
14. Equipment or machinery that contains oil for operational
purposes, including but not limited to lubricating systems, hydraulic systems,
and heat transfer systems;
15. An AST that forms an integral part (cannot be readily
detached or removed) of the equipment or machinery and the contents of the AST
are solely used by the attached equipment or machinery (e.g., fuel tank affixed
into the frame of an emergency generator);
15. 16. An AST used to contain oil for less than
120 days when: (i) used in connection with activities related to the
containment and cleanup of oil; (ii) used by a federal, state or local entity
in responding to an emergency; emergency, including response related
drills; or (iii) used temporarily on-site to replace permanent capacity
storage;
16. 17. Oil-filled electrical equipment,
including, but not limited to, transformers, circuit breakers or capacitors;
17. 18. A flow-through process tank;
18. 19. Oily water separators;
19. 20. An AST containing dredge spoils;
20. 21. An AST located on a farm or residence
used for storing motor fuel for noncommercial purposes with an aggregate
a storage capacity of 1,100 gallons or less; or
21. 22. Pipes or piping beyond the first valve
from the AST that connects an AST with production process tanks or production
process equipment.
B. In addition to the complete exclusions listed in
subsection A of this section, the following are partially excluded from this
chapter in that they need not comply with the requirements contained in
Part III (9VAC25-91-130 et seq., Pollution Prevention Requirements) of this
chapter:
1. An AST with a capacity of 5,000 gallons or less used for
storing heating oil for consumptive use on the premises where stored;
2. An AST storing asphalt and asphalt compounds which are not
liquid at standard conditions of temperature and pressure (60°F at 14.7 pounds
per square inch absolute); and
3. Line pipe and breakout tanks of an interstate pipeline
regulated under the federal Accountable Pipeline Safety and Partnership Act of
1996 (49 USC § 60101 et seq.).
C. In addition to the exclusions listed in subsections A
and B of this section, asphalt Asphalt and asphalt compounds which
that are not liquid at standard conditions of temperature and pressure
(60°F at 14.7 pounds per square inch absolute) are excluded for the purposes
of from any requirement to install groundwater monitoring wells or
groundwater protection devices or to conduct groundwater characterization
studies under Part IV (9VAC25-91-170, Oil Discharge Contingency Plan (ODCP)
Requirements) and Part V (9VAC25-91-180 et seq., Groundwater Characterization
Study (GCS) and GCS Well Monitoring Requirements) of this chapter.
9VAC25-91-40. Compliance dates.
A. Every operator shall comply with this chapter on its
effective date unless a later date is otherwise specified.
B. Operators of facilities existing on June 24, 1998, and
exempted under § 62.1-44.34:17 D of the Code of Virginia (i.e., facilities not
engaged in the resale of oil) having an aboveground storage capacity of 25,000
gallons or greater of oil shall comply must have complied with
Part III (9VAC25-91-130 et seq., Pollution Prevention Requirements) of this
chapter within 120 days after the effective date of this chapter on
or before October 22, 1998, unless otherwise specified in this chapter. If
compliance with Part III of this chapter necessitates extensive upgrades to the
existing facility design, these exempted operators may submit shall
have submitted a proposed extended compliance schedule and supporting
explanation to the board no later than 90 days after the effective date of
this chapter. The board may approve an extended compliance schedule where the
circumstances so warrant September 22, 1998, or such date approved by
the board.
C. Operators of existing ASTs and facilities existing
prior to June 24, 1998, and previously registered in accordance with the
requirements of § 62.1-44.34:19.1 of the Code of Virginia shall not have to
resubmit the registration form until five years from the date of the initial
registration unless title to that AST or facility is transferred (i.e., change
of ownership) or the AST is converted or brought back into use after permanent closure,
whichever occurs first.
D. Operators of facilities subject to Part IV (9VAC25-91-170,
Oil Discharge Contingency Plan (ODCP) Requirements) of this chapter that are
were brought into use on or after the effective date of this
chapter June 24, 1998, shall submit a complete application meeting
all applicable requirements of this chapter no later than 90 days prior to
commencement of operations.
1. The operator must receive approval of the ODCP by DEQ
the board prior to commencement of facility operations.
2. The operators of facilities that have previously met the
provisions of § 62.1-44.34:15 of the Code of Virginia for ODCP submittal shall
not be required to resubmit the ODCP until 90 days prior to the date that
plan's approval expires. Ninety days prior to the expiration of approval of the
ODCP, the facility operator shall submit an updated plan or certification of
renewal of an existing plan according to 9VAC25-91-170 F.
E. As of July 1, 1997, an An operator having
obtained approval of the ODCP shall operate, maintain, monitor, and keep
records pertaining to 9VAC25-91-170 A 18 of Part IV (9VAC25-91-170, Oil
Discharge Contingency Plan (ODCP) Requirements) of this chapter and under the
provisions of Part III (9VAC25-91-130 et seq., Pollution Prevention
Requirements) of this chapter.
9VAC25-91-50. Statement of purpose.
The purpose of this chapter is to: (i) establish requirements
for registration of facilities and individual ASTs located within the
Commonwealth; (ii) provide the board with the information necessary to identify
and inventory facilities with an aggregate storage capacity of greater than
1,320 gallons of oil or an individual ASTs AST with a
storage capacity of greater than 660 gallons of oil; (iii) develop standards
and procedures for operators of facilities with an aggregate aboveground
storage capacity of 25,000 gallons or greater of oil relating to the prevention
of pollution from new and existing aboveground storage tanks; (iv) provide
requirements for the development of facility oil discharge contingency plans
for facilities with an aggregate aboveground storage capacity of 25,000 gallons
or greater of oil that will ensure that the applicant can take such steps as
are necessary to protect environmentally sensitive areas, to respond to the
threat of an oil discharge, and to contain, clean up and mitigate an oil
discharge within the shortest feasible time, where plans must address concerns
for the effect of oil discharges on the environment as well as considerations
of public health and safety; and (v) provide requirements for facilities and
individual ASTs with an aggregate aboveground storage capacity of one million
gallons or greater of oil to conduct a groundwater characterization study (GCS)
within the geographic boundaries of a facility; to submit the GCS as part of
the oil discharge contingency plan; to conduct a monthly gauging and inspection
of GCS monitoring wells, monitoring of well headspace and sampling and
laboratory analysis of GCS monitoring wells; and to gather all observations and
data maintained at the facility and compile and submit them as an annual report
to the board department.
9VAC25-91-60. Administrative fees.
A. Fees are assessed for review of oil discharge contingency
plans and for registration of an AST or a facility according to the
schedules contained in subsections B and C of this section. A registration form
or an (ODCP). An application for review of a contingency plan will
not be accepted unless the required fee has been received by the department.
1. Fees shall be paid in United States currency by check,
draft, or postal money order made payable to the Treasurer of Virginia. When
the department is able to accept electronic payments, payments may be submitted
electronically.
2. The fee, together with the form or application
and oil discharge contingency plan, shall be sent to the department at the
following mailing address:
Department of Environmental Quality
Office of Financial Management
P.O. Box 10150 1104
Richmond, VA 23240 23218
3. Notifications and correspondence for which a fee is not
applicable should be mailed to the department as specified in 9VAC25-91-70.
B. Facility and AST registration.
1. Registration fees shall be submitted for the following:
a. Initial registration;
b. New installations;
c. Conversion (i.e., UST to an AST, storing a nonoil to an
oil product, etc.);
d. AST brought back into use after permanent closure;
e. Registration renewal (every five years); or
f. When title to a facility or AST is transferred (change
of ownership).
2. Registration fees are as follows:
a. An individual AST (new, existing, replaced or brought
back into use after permanent closure) = $25;
b. One facility with one AST = $25;
c. One facility with two or more ASTs = $50;
d. Two facilities with one AST at each facility = $50;
e. Two facilities with one AST at the first facility and
two or more at the other = $75;
f. Two or more facilities with two or more ASTs each =
$100;
g. Three facilities with one AST each = $75; or
h. Three facilities with two or more ASTs at the first
facility and one AST at each other facility = $100.
3. An operator of an AST subject to the registration
requirements of this chapter shall submit a fee of $25 to the board for each
such AST up to a maximum of $50 per facility. An operator of a single facility
shall submit a maximum of $50 for the facility and all ASTs. An operator of
multiple facilities shall submit a maximum fee of $100 to the board to register
all of their facilities and ASTs.
4. Registration forms will not be accepted by the board as
complete unless the applicable fee has been paid. No fee is required for a
"notification" of an AST replacement (i.e., relocation of existing
AST), upgrade, repair, or closure.
C. B. ODCP application.
1. ODCP application fees are as follows:
a. For a facility with an aggregate aboveground maximum
storage or handling capacity from 25,000 gallons up to and including 100,000
gallons of oil the fee is $718;
b. For a facility with an aggregate aboveground maximum
storage or handling capacity from 100,001 greater than 100,000
gallons up to one million gallons of oil the fee is $2,155;
c. For a facility with an aggregate aboveground maximum
storage or handling capacity of one million gallons or greater of oil the fee
is $3,353; or
d. For a pipeline, the ODCP application fee shall be based on
the average daily throughput of oil. Once that volume is determined, the ODCP
application fee will be calculated per subdivisions a, b and c of this
subdivision.
2. The fee for approval of a contingency plan encompassing
more than one facility as described in 9VAC25-91-170 D shall be based on the
aggregate aboveground storage capacity of the facilities.
3. Fees shall only be paid upon initial submittal of an oil
discharge contingency plan by an operator. Renewals, additions, deletions or
changes to the plan are not subject to the administrative fee.
4. Application fees are refundable upon receipt of a written
request to withdraw the ODCP application provided the request is received no
later than 30 days after submittal and prior to the department's review of the
contingency plan.
5. Overpayments of application fees are refundable upon
written request.
9VAC25-91-70. Notices Correspondence to the
Department of Environmental Quality (DEQ).
A. Correspondence that contains fees must be submitted to
the department as specified in 9VAC25-91-60 A.
B. All other written correspondence and
notifications to the Department of Environmental Quality department
related to the requirements of this chapter, with the exceptions of (i) the
correspondence which contains fees and therefore must be paid directly to the
Treasurer of Virginia as specified in 9VAC25-91-60 A and (ii) variance
petitions as specified in 9VAC25-91-160 shall be addressed to the cognizant
DEQ regional office servicing the facility that is the subject of the
correspondence. A list of regional offices and their addresses are
available from the central office at the following address:
Mailing Address:
Department of Environmental Quality
Office of Spill Response and
Remediation
P.O. Box 10009 1105
Richmond, VA 23240-0009 23218
Street Address:
Department of Environmental Quality
Office of Spill Response and
Remediation
629 E. Main Street
Richmond, VA 23219
9VAC25-91-90. Evaluation of chapter. (Repealed.)
A. Within three years after the effective date of this
chapter, the department shall perform an analysis on this chapter and provide
the board with a report on the results. The analysis shall include (i) the
purpose and need for the chapter; (ii) alternatives which would achieve the
stated purpose of this chapter in a less burdensome and less intrusive manner;
(iii) an assessment of the effectiveness of this chapter; (iv) the results of a
review of current state and federal statutory and regulatory requirements,
including identification and justification of requirements of this chapter
which are more stringent than federal requirements; and (v) the results of a
review as to whether this chapter is clearly written and easily understandable
by affected entities.
B. Upon review of the department's analysis, the board
shall confirm the need to (i) continue this chapter without amendments, (ii)
repeal this chapter or (iii) amend this chapter. If the board's decision is to
repeal or amend this chapter, the board shall authorize the department to
initiate the applicable regulatory process to carry out the decision of the
board.
Part II
Registration, Notification and Closure Requirements
9VAC25-91-100. Registration requirements.
A. Section 62.1-44.34:19.1 of the Code of Virginia requires
an operator of a facility located within the Commonwealth with an aggregate
aboveground storage capacity of more than 1,320 gallons of oil or an operator
of an individual AST located within the Commonwealth with a storage capacity of
more than 660 gallons of oil to register such facility or AST with the board
and with the local director or coordinator of emergency services unless
otherwise specified within this chapter.
B. Although the term "operator" includes a variety
of persons who may share joint responsibility for compliance with this chapter,
in fixing responsibility for compliance with the registration requirements, DEQ
the board shall look first to the owner or a duly authorized
representative of the facility or AST.
C. A duly authorized representative may submit the
registration on the owner's behalf.
1. A person is a duly authorized representative only if:
a. The authorization is made in writing by the owner and
indicates that the representative has signatory authority for the registration;
b. The authorization specifies either an individual or a
position having responsibility for the overall operation of the regulated
facility or activity (e.g., the plant manager, the operator of a facility or an
AST, the superintendent, or a position of equivalent responsibility), or
specifies an individual or a position having overall responsibility for
environmental matters for the facility or company. A duly authorized
representative thus may be either a named individual or any individual
occupying a named position; and
c. The written authorization is submitted to the department
along with the registration form.
2. Changes to authorization. If an authorization previously
submitted is no longer accurate because a different individual or position has
assumed responsibility for the overall operation of the facility or for
environmental matters, a new authorization satisfying the requirements shall be
submitted to the department prior to or together with any reports or
information signed by that duly authorized representative.
3. Certification. Any person signing a registration document
shall make the following certification:
"I certify under penalty of law that this document and
all attachments were prepared under my direction or supervision in accordance
with a system designed to ensure that qualified personnel properly gathered and
evaluated the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the
possibility of fines and imprisonment for knowing violations."
D. The owner or a duly authorized representative of a new
facility or AST, a converted facility or AST, or a facility or AST
brought back into use after permanent closure, or a facility or AST whose
title is transferred (change of ownership) shall register such facility or
AST with the board and local director or coordinator of emergency services
within 30 days after being brought into use or when title is transferred.
E. Registration shall include the following information and
other information that may be required if approved by the board:
1. Facility and AST owner and operator information (e.g.,
name, address, and phone numbers);
2. Facility information (e.g., name, type, address, contact
person and phone numbers, and aggregate storage capacity);
3. Tank and piping information (e.g., storage capacity,
product stored, type of design and construction standards);
4. Other information that may be reasonably requested by the
board; and
5. Owner certification of information.
F. The owner or a duly authorized representative of the
facility or AST shall renew the registration required by this section every
five years or whenever title to the facility or AST is transferred (change of
ownership), whichever occurs first.
G. A facility or AST installed after the effective date of
this chapter June 24, 1998, including an AST or facility operated by
the federal government, shall not be registered without either (i) a review
[ performed ] by the department of the permits, inspections,
and certification of use required in accordance with the provisions of the
Uniform Statewide Building Code, the BOCA® National Building Code and NFPA
Code and obtained by the owner or a duly authorized representative from the
local code officials or their designee or (ii) an inspection by the department.
In the case of a regulated AST operated by the Commonwealth, the Department of
General Services shall function as the local code official in accordance with § 36-98.1
of the Code of Virginia.
9VAC25-91-120. Aboveground storage tank closure.
A. After the effective date of this chapter June
24, 1998, a facility or AST, including a facility or AST operated by the
federal government, shall not be permanently closed without being registered and
the fee paid and either (i) having a review performed by the department of
the permits and inspections required in accordance with the provisions of the
Uniform Statewide Building Code, the BOCA® National Building Code, and NFPA
Code [ and ] obtained by the owner or a duly authorized
representative from the local code official or his designee or (ii) being
inspected by the department.
1. For inspections by the department (e.g., where a permit is
not issued by the local code official or his designee), at least 14 days notice
to the department is required prior to the commencement of closure operations.
Notice shall be made by the owner or a duly authorized representative.
2. In the case of a regulated AST operated by the
Commonwealth, the Department of General Services shall function as the local
code official in accordance with § 36-98.1 of the Code of Virginia.
3. If the closure is in response to containment and cleanup
actions that necessitate AST removal, the owner or a duly authorized
representative of the facility or AST shall immediately notify the local code
official and the department.
B. Closure operations shall be reported to the department by
the owner or a duly authorized representative within 30 days after the
permanent closure operation is completed.
C. Closure operations shall include the following:
1. Removal of all liquids, sludges, and vapors from the AST
and associated piping. All wastes removed shall be disposed of in accordance
with all applicable state and federal requirements.
2. For tanks being closed in place, the tank shall be rendered
vapor free. Provisions must be made for adequate ventilation to ensure that the
tank remains vapor free. Vent lines shall remain open and maintained in
accordance with the applicable codes. All access openings shall be secured
(normally with spacers to assist ventilation). The AST shall be secured against
tampering and flooding. The name of the product last stored, the date of
permanent closure and PERMANENTLY CLOSED shall be stenciled in a readily
visible location on the AST. Piping shall be disconnected. All pipes being
closed in place shall be vapor free and capped or blind flanged.
3. An assessment of the AST site shall be conducted prior to
completion of permanent closure operations.
a. In conducting the assessment, the owner or a duly
authorized representative shall sample and test for the presence of petroleum
hydrocarbons at the AST site in any area where contamination is likely to have
occurred. These locations shall be subject to the review of the board. Sampling
and testing shall be conducted in accordance with established EPA-approved
analytical methods or other methods approved by the board.
(1) The owner or a duly authorized representative shall submit
copies of the laboratory results, a description of the area sampled, a
photograph of the site indicating sampled areas, and a site map indicating the
location of the closed AST and associated piping as attachments to the closure
form.
(2) If contaminated soils, contaminated groundwater, free
product as a liquid or vapor, or other evidence of a release is discovered, the
owner or a duly authorized representative shall immediately notify the board
and conduct the cleanup in accordance with department board
requirements.
b. The department board may consider an
alternative to the soil sampling requirements of this subsection if the owner
or a duly authorized representative of the AST demonstrates to the board's
satisfaction that:
(1) There is no evidence of present or past contamination by
providing records of monthly leak detection monitoring for the previous 12
months; and
(2) The facility or AST has operated an approved or
approvable leak detection system.
4. A closure inspection conducted by either the department or
the local building official, as discussed in subsection A of this section.
D. When deemed necessary by the board, the owner or a duly
authorized representative of a facility or an AST that was permanently closed
prior to the effective date of this chapter June 24, 1998, shall
assess the site and close the AST in accordance with the requirements of this
section.
E. The owner or a duly authorized representative shall
maintain all records relating to compliance with this section for a period of
not less than five years from the date the board receives notice of the
completed closure. These records shall be made available to the board upon
request.
Part III
Pollution Prevention Requirements
9VAC25-91-130. Pollution prevention standards and procedures.
A. Pollution prevention standards and procedures for
facilities are listed in this section. Aboveground storage tanks with an
aggregate capacity of one million gallons or more shall comply with the
requirements of subsections B and C of this section.
B. Requirements for aboveground storage tanks at
facilities for 25,000 gallons or more. Section 62.1-44.34:15.1 of the Code
of Virginia provides the following requirements for existing aboveground
storage tanks at a facility with an aggregate aboveground storage capacity of
one million gallons equal to or greater than 25,000 gallons
of oil or for an existing individual aboveground storage tank with a storage
capacity of one million gallons or equal to or greater than
25,000 gallons of oil, unless otherwise exempted.
1. Inventory control and testing for significant variations.
a. The following aboveground storage tanks shall not be
subject to inventory control and testing for significant variations:
(1) Aboveground storage tanks totally off ground with all
associated piping off ground;
(2) Aboveground storage tanks with a capacity of 5,000 gallons
or less located within a building or structure designed to fully contain a
discharge of oil; and
(3) Aboveground storage tanks containing No. 5 or No. 6 oil
for consumption on the premises where stored.
b. Each operator shall institute inventory control procedures
capable of detecting a significant variation of inventory. A significant
variation shall be considered a variation in excess of 1.0% of the storage
capacity of each individual AST. For a refinery, a significant variation of
inventory shall be considered a loss in excess of 1.0% by weight of the
difference between the refinery's input and output. Reconciliations of
inventory measurements shall be conducted monthly. If the a
significant variation persists for two consecutive reconciliation periods, the
operator shall conduct an investigation to determine the cause of the variation
and reconcile physical measurements to 60°F at 14.7 pounds per square inch
absolute. This investigation shall be completed within five working days of
the end of the second reconciliation period. If this investigation does not
reveal the cause of the inventory variation, the operator shall notify the
board and the local director or coordinator of emergency services and shall
conduct additional testing to determine the cause of the inventory variation.
The testing method, schedule, and results of this additional testing shall be
submitted to the board for review. For a refinery, a significant variation
of inventory shall be considered a loss in excess of 1.0% by weight of the
difference between the refinery's input and output of oil.
c. Inventory records shall be kept of incoming and outgoing
volumes of oil from each tank. All tanks shall be gauged no less frequently
than once every 14 days and on each day of normal operation. Physical
measurements shall be reconciled to 60°F at 14.7 pounds per square inch
absolute. For a refinery, the operator shall calculate the input and
output of oil at the refinery on a daily basis. The operator shall reconcile
daily inventory records with the inventory measurements conducted monthly.
2. Formal inspections.
a. Each AST shall undergo formal external and internal tank
inspections. The initial formal internal and external inspections for an
existing AST shall be completed on or before June 30, 1998, unless otherwise
specified within this chapter.
(1) All newly installed ASTs shall have initial formal
inspections within five years after the date of installation.
(2) Operators of facilities exempted under § 62.1-44.34:17
D of the Code of Virginia (i.e., exempted facilities not engaged in the resale
of oil) shall complete the initial formal inspections within five years of the
effective date of this chapter.
(3) An AST with a storage capacity of less than 12,000
gallons shall not be subject to the formal internal inspection unless the
integrity of the AST is in question and an inspection is deemed necessary by
the board.
b. Inspections shall be conducted in accordance with the
provisions of API Standard 653 or procedure approved by the board. If
construction practices allow external access to the tank bottom, a formal
external inspection utilizing accepted methods of nondestructive testing or
procedure approved by the board may be allowed in lieu of the internal
inspection. An AST with a release prevention barrier or liner installed shall
be internally inspected in accordance with the applicable provisions of API
Standard 653 or API Recommended Practice 652 or procedure accepted by the
board.
c. An API Standard 653 inspection conducted between January
1, 1991, and the effective date of this chapter may be accepted by the board if
the operator provides supporting documentation to the board for review and
approval.
3. Formal reinspections.
a. Each AST shall undergo an external reinspection every
five years in accordance with the provisions of API Standard 653 after the
initial formal external inspection has been conducted.
b. Each AST with a storage capacity of 12,000 gallons of
oil or greater shall undergo an internal reinspection in accordance with the
provisions of API Standard 653 every 10 years after the initial formal internal
inspection has been conducted.
(1) The board may require the internal reinspection sooner
than 10 years if there is an indication that the corrosion rate established by
the initial internal inspection or a subsequent reinspection has increased.
(2) The internal reinspection period may be extended beyond
10 years if the operator can demonstrate to the board that an extension of the
reinspection period is warranted. The operator shall provide supporting
documentation to the board for review and approval at least six months prior to
the date the reinspection is due.
c. An AST with a storage capacity of less than 12,000
gallons shall not be subject to the formal internal reinspection unless the
integrity of the AST is in question and an inspection is deemed necessary by
the board.
4. 2. Secondary containment. Each secondary
containment dike or berm shall be maintained and evaluated or certified with
respect to its compliance with the applicable requirements of 40 CFR Part 112
(1997), NFPA 30, and 29 CFR 1910.106. The operator shall have this evaluation
or certification performed by a professional engineer or person approved by the
board on or before June 30, 1998, and every 10 years thereafter, unless
otherwise exempted.
a. Operators of facilities exempted under § 62.1-44.34:17 D
of the Code of Virginia (i.e., exempted facilities not engaged in the resale of
oil) shall have this evaluation completed within five years after the effective
date of this chapter and every 10 years thereafter.
b. Operators of a newly installed AST shall have this
evaluation completed prior to being placed into service and every 10 years
thereafter.
a. The operator shall have and maintain secondary
containment or another method approved by the board for each AST. The
containment structure must be capable of containing oil and shall be
constructed in accordance with 40 CFR Part 112 so that any discharge from the
AST will not escape the containment before cleanup occurs. The operator shall
have each secondary containment or approved method evaluated and certified to
be in compliance with the applicable requirements of 40 CFR Part 112, the
Uniform Statewide Building Code and its referenced model codes and standards,
and 29 CFR 1910.106. The operator of a facility existing on June 24, 1998,
shall have had this evaluation or certification performed by a professional
engineer or person approved by the board on or before June 30, 1998, and every
10 years thereafter, unless otherwise exempted.
b. If the secondary containment cannot be certified to be
in compliance with the applicable requirements of 40 CFR Part 112, the Uniform
Statewide Building Code and its referenced model codes and standards, and 29
CFR 1910.106, the operator must upgrade, repair, or replace the secondary
containment to meet the applicable requirements listed in subdivision 2 a of
this subsection unless the board accepts the certification with qualifications.
c. The operator of a facility shall have the evaluation and
certification performed every 10 years by a professional engineer (PE) licensed
in the Commonwealth of Virginia or other state having reciprocity with Virginia
or by a person approved by the board unless otherwise exempted.
d. The professional engineer shall not certify the
secondary containment until all of the applicable requirements of 40 CFR Part
112, the Uniform Statewide Building Code and its referenced model codes and
standards, and 29 CFR 1910.106 have been met. In the event the professional
engineer certifies the secondary containment with qualifications, such
qualifications will be subject to review and approval by the board. If the
certification contains qualifications that may impact the ability of the
secondary containment to contain a discharge of oil as required by subdivision
2 a of this subsection, the deficiencies must be corrected and the secondary
containment must be reevaluated and recertified by a professional engineer.
e. At a minimum, the certification statement for the
secondary containment must contain the following statement: "Based on my
evaluation, I hereby certify that each secondary containment structure for
(insert the facility name and tank identification information) is in compliance
with the applicable requirements of 40 CFR Part 112, the Uniform Statewide
Building Code and its referenced model codes and standards, and 29 CFR
1910.106."
f. The certification must be signed and sealed by a
professional engineer licensed in the Commonwealth of Virginia or other state
having reciprocity or by a person approved by the board.
g. Operators of facilities existing on June 24, 1998, and
exempted under § 62.1-44.34:17 D of the Code of Virginia (i.e., exempted
facilities not engaged in the resale of oil) shall have had this evaluation
completed on or before June 24, 2003, and every 10 years thereafter.
h. Operators of a newly installed AST shall have this
evaluation completed prior to being placed into service and every 10 years thereafter.
[ i. Operators of an existing AST with a current
engineering certification statement on November 1, 2015, may maintain their
existing engineering certification statement until their next required
certification, or 10 years, whichever is sooner. At such time, the
certification statements must contain the statement required in 9VAC25-91-130 B
2 e. ]
5. 3. Safe fill and shutdown procedures.
a. Each operator shall institute [ and maintain
records of ] safe fill, shutdown, and transfer procedures,
or equivalent measures established approved by the board, that
will ensure that spills resulting from tank overfills or other product transfer
operations do not occur. [ Written safe fill, shutdown, and transfer
procedures shall be maintained by the operator for use by facility personnel. ]
(1) All receipts of oil shall be authorized by the
operator or facility personnel trained by the operator who shall ensure the
volume available in the tank is greater than the volume of oil to be
transferred to the tank before the transfer operation commences. The operator
shall ensure the transfer operation is monitored continually, either by manual
or automatic means, until complete. The operator shall ensure that all tank
fill valves not in use are secured and that only the tank designated is
receiving oil.
(2) If unattended during transfer operations, the AST shall
be equipped with a high level alarm or other appropriate mechanism approved by
the board that will immediately alert the operator to prevent an overfill event.
Activation of the high level alarm or other appropriate mechanism shall
initiate an immediate and controlled emergency shutdown of the transfer, either
by manual or automatic means. Each operator shall include this emergency
shutdown procedure in the facility records and shall ensure that all facility
personnel involved in the transfer operation are trained in this procedure. The
alarm shall consist of a visual and audible device capable of alerting the
operator, both by sight and hearing, to prevent an overfill situation. If the
operator is in a control station, this alarm shall cause a warning light and
audible signal in that station to activate. In addition, this system shall
alarm on failure, malfunction or power loss. This high level alarm shall be tested
prior to each receipt of oil. Records of testing shall be maintained at the
facility.
b. All oil transfer areas where filling connections are made
with vehicles shall be equipped with a spill containment system capable of
containing and collecting those spills and overfills. The containment system
shall be designed to hold at least the capacity as required by 40 CFR Part
112 (1997) (e.g., the maximum capacity of any single compartment of a
vehicle loaded or unloaded in the transfer area).
c. If installed, an automatic shutdown system utilized during
transfer of oil shall include the capability to direct the flow of oil to
another tank capable of receiving the transferred oil or the capability to shut
down the pumping or transfer system. This automatic shutdown system shall be
tested prior to each receipt of oil and records of testing shall be maintained
at the facility.
d. All ASTs shall be equipped with a gauge that is readily
visible and indicates the level of oil or quantity of oil in the tank. In
addition, the storage capacity, product stored and tank identification number
shall be clearly marked on the tank at the location of the gauge. These gauges
shall be calibrated annually.
6. Cathodic protection of piping and pressure testing of
piping.
a. The requirement for cathodic protection of piping shall
apply to buried piping only. Cathodic protection shall be installed and
maintained in accordance with the following applicable publications: API 1632,
NFPA 30, NACE 0169, or NACE 0285. All piping above ground shall be protected
from corrosion using methods and procedures referenced in NFPA 30, Chapter 2,
Section 2-4.3 or a procedure approved by the board. Piping that passes through
the wall of the containment berm or dike or under road crossings shall be
protected from corrosion and damage using practices recommended in the
publications listed in this subdivision.
b. 4. Pressure testing of piping. All piping
shall be pressure tested as specified in this subsection or using an equivalent
method or measure approved by the board at intervals not to exceed five years.
The operator of an existing a facility or AST existing on June
24, 1998, shall complete have completed the initial test on
or before June 30, 1998, except operators of existing facilities or ASTs for
which compliance was exempted under § 62.1-44.34:17 D of the Code of Virginia
(i.e., exempted facilities not engaged in the resale of oil). These excepted
operators shall complete have completed the initial test within
five years after the effective date of this chapter on or before June
24, 2003. All newly installed or repaired piping shall be tested before
being placed into service.
(1) a. A pressure test may be a hydrostatic test
at 150% maximum allowable working pressure (MAWP) or an inert gas test at 110%
MAWP.
(2) b. A test conducted and certified by an API
authorized piping inspector to be in conformity with the API 570 Piping Inspection
Code is deemed an equivalent method of testing approved by the board.
(3) c. The board may consider on a case-by-case
basis requests for approval of other equivalent methods or measures which
conform to industry recommended practices, standards and codes. The operator
shall submit a request for approval of a proposed equivalent method or measure
to the board as specified in 9VAC25-91-160.
7. 5. Visual daily inspection and weekly
inspections.
a. The operator or a duly authorized representative shall
conduct a daily visual inspection for each day of in which normal
operation occurs, but no less frequently than once every 14 days in the
areas of the facility where this chapter applies. The facility person
conducting the inspection shall document completion of this inspection by
making and signing an appropriate notation in the facility records. This visual
inspection shall include the following:
(1) A complete walk-through of the facility property in the
areas where this chapter applies to ensure that no hazardous conditions exist;
(2) An inspection of ground surface for signs of leakage,
spillage, or stained or discolored soils;
(3) A check of the berm or dike area for excessive
accumulation of water and to ensure the dike or berm manual drain valves are
secured;
(4) A visual inspection of the exterior tank shell to look for
signs of leakage or damage; and
(5) An evaluation of the condition of the aboveground storage
tank and appurtenances.
b. The operator or a duly authorized representative shall
conduct a weekly inspection each week in which normal operation occurs, but
no less frequently than once every 14 days, of the facility in the areas
where this chapter applies, using a checklist that contains at least the items
found in the weekly inspection checklist subdivision of this section subdivision
5 c of this subsection. The checklist is not inclusive of all safety or
maintenance procedures but is intended to provide guidance to the requirements
within this chapter. The weekly checklist shall be maintained at the facility
and provided to the board upon request. This checklist shall be signed and
dated by the facility person or persons conducting the inspection and shall
become part of the facility record.
(1) The operator of a new AST/facility shall develop the
checklist within 90 days after the date of installation.
(2) The operator of each facility existing on June 24,
1998, and exempted under § 62.1-44.34:17 D of the Code of Virginia (i.e.,
exempted facilities not engaged in the resale of oil) shall develop have
developed the checklist within 90 days after the effective date of this
chapter by September 28, 1998.
(3) Operators of facilities existing on June 24, 1998, and
not exempted under § 62.1-44.34:17 D of the Code of Virginia (i.e., exempted
facilities not engaged in the resale of oil) and who have developed a checklist
within 90 days after June 30, 1993, by September 28, 1993, shall
be deemed to be in compliance with this checklist requirement as of the
effective date of this chapter June 24, 1998.
c. Sample—weekly inspection checklist for aboveground storage
tank systems:
____ (1) Containment dike or berm in satisfactory condition.
____ (2) Containment area free of excess standing water or
oil.
____ (3) Gate valves used for emptying containment areas
secured.
____ (4) Containment area/base of tank free of high grass,
weeds, and debris.
____ (5) Tank shell surface, including any peeling areas,
welds, rivets/bolts, seams, and foundation, visually inspected for areas of
rust and other deterioration.
____ (6) Ground surface around tanks and containment
structures and transfer areas checked for signs of leakage.
____ (7) Leak detection equipment in satisfactory condition.
____ (8) Separator or drainage tank in satisfactory condition.
____ (9) Tank water bottom drawoffs not in use are secured.
____ (10) Tank fill valves not in use are secured.
____ (11) Valves inspected for signs of leakage or
deterioration.
____ (12) Inlet and outlet piping and flanges inspected for
leakage.
____ (13) All tank gauges have been inspected and are
operational.
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d. The operator shall promptly remedy unsatisfactory
facility and equipment conditions observed in the daily and weekly inspections.
The operator shall make repairs, alterations, and retrofits in accordance with
American Petroleum Institute (API) Standard 653, Fourth Edition (April 2009),
with Addendum 1 (August 2010) and Addendum 2 (January 2012), Steel Tank
Institute (STI) standard STI-SP001, Fifth Edition (September 2011), industry
standards, or methods approved by the board.
8. 6. Training of individuals. To ensure proper
training of individuals conducting inspections required by subdivision 7
5 of this subsection, the operator of a facility shall train personnel
based on the following requirements:
a. Each facility operator shall establish a training program
for those facility personnel conducting the daily visual and weekly inspections
of the facility. Facility records shall contain the basic information and
procedures required by subdivision 8 6 c of this subsection. The
required training may be conducted by the operator or by a third party. The
training program established shall be maintained to reflect current conditions
of the facility.
(1) The operator of a new facility shall establish the
training program within six months after being brought into use.
(2) The operator of each facility exempted under § 62.1-44.34:17
D of the Code of Virginia (i.e., exempted facilities not engaged in the resale
of oil) shall establish have established the training program within
six months after the effective date of this chapter by December 24, 1998.
(3) Operators of facilities not exempted under § 62.1-44.34:17
D of the Code of Virginia (i.e., exempted facilities not engaged in the resale
of oil) and who have developed a training program within six months
after June 30, 1993 by December 31, 1993, shall be deemed to be in
compliance with this training program requirement as of the effective date
of this chapter June 24, 1998, so long as that program reflects
current conditions of the facility.
b. The required training shall be conducted for facility
personnel as applicable. Personnel not receiving this initial training and who
will be conducting these inspections shall receive the training prior to
conducting any inspection.
(1) The operator of a new facility shall conduct the personnel
training within 12 months after being brought into use and prior to personnel
conducting any inspection.
(2) The operator of each facility exempted under § 62.1-44.34:17
D of the Code of Virginia (i.e., exempted facilities not engaged in the resale
of oil) shall conduct have conducted the personnel training within
12 months after the effective date of this chapter by June 24, 1999.
(3) Operators of facilities not exempted under § 62.1-44.34:17
D of the Code of Virginia (i.e., exempted facilities not engaged in the resale
of oil) and who have conducted the personnel training within 12 months after
June 30, 1993 by June 30, 1994, shall be deemed to be in compliance
with this personnel training requirement as of the effective date of this
chapter June 24, 1998, so long as the training provided reflects
current conditions of the facility and all inspections are current.
c. Training for personnel performing daily and weekly
inspections shall address at a minimum:
(1) Basic information regarding occupational safety, hazard
recognition, personnel protection, and facility operations;
(2) The procedures to be followed in conducting the daily
visual and weekly facility inspections;
(3) The procedures to be followed upon recognition of a hazard
or the potential for a hazard; and
(4) The procedure for evaluating the condition of the
aboveground storage tank and appurtenances.
d. The operator of a facility shall train facility personnel
upon any changes to the contents of the initial training program or every three
years and shall document this training in the facility records.
e. All formal inspections and testing required by
subdivision 2 of this subsection shall be conducted by a person certified to
conduct the inspection or test. This certification shall be accomplished in
accordance with the provisions of API Standard 650 and API Standard 653 or a
procedure approved by the board. Proof of this certification shall be
maintained in the facility records. The results of all tests and inspections
required by subdivision 2 of this subsection shall be maintained at the
facility or at a location approved by the board for the life of the tank, but
for no less than five years.
9. 7. Leak detection. The operator shall
operate, maintain, monitor and keep records of the system established for early
detection of a discharge to groundwater (i.e., a method of leak detection) as
required by 9VAC25-91-170 A 18 and contained in the facility's approved ODCP.
These activities shall be inspected and approved by the department board.
B. Section 62.1-44.34:15.1 of the Code of Virginia
provides the following requirements for C. Requirements for aboveground
storage tanks at facilities for one million gallons or more. In addition to the
requirements of 9VAC25-91-130 B, the following requirements apply to
existing aboveground storage tanks at facilities with an aggregate aboveground
storage capacity of less than one million gallons but equal to or
more than 25,000 gallons of oil or for an existing individual
aboveground storage tank with a storage capacity of less than one
million but equal to or more than 25,000 gallons of oil, unless
otherwise exempted.
1. Inventory control and testing for significant
variations.
a. The following aboveground storage tanks shall not be
subject to inventory control and testing for significant variations:
(1) Aboveground storage tanks totally off ground with all
associated piping off ground;
(2) Aboveground storage tanks with a capacity of 5,000
gallons or less located within a building or structure designed to fully
contain a discharge of oil; and
(3) Aboveground storage tanks containing No. 5 or No. 6 oil
for consumption on the premises where stored.
b. Each operator shall institute inventory control
procedures capable of detecting a significant variation of inventory. A
significant variation shall be considered a variation in excess of 1.0% of the
storage capacity of each individual AST. For a refinery, a significant
variation of inventory shall be considered a loss in excess of 1.0% by weight
of the difference between the refinery's input and output. Reconciliations of
inventory measurements shall be conducted monthly. If the significant variation
persists for two consecutive reconciliation periods, the operator shall conduct
an investigation to determine the cause of the variation. This investigation
shall be completed within five working days of the end of the second
reconciliation period. If this investigation does not reveal the cause of the
inventory variation, the operator shall notify the board and the local director
or coordinator of emergency services and shall conduct additional testing to
determine the cause for the inventory variation. The testing method, schedule,
and results of this additional testing shall be submitted to the board for
review.
c. Inventory records shall be kept of incoming and outgoing
volumes of oil from each tank. All tanks shall be gauged no less frequently
than once every 14 days and on each day of normal operation. Physical
measurements shall be reconciled to 60°F at 14.7 pounds per square inch
absolute.
2. Secondary containment. Each secondary containment dike
or berm shall be maintained and evaluated or certified to be in compliance with
the applicable requirements of 40 CFR Part 112 (1997), NFPA 30, and 29 CFR Part
1910.106. The operator shall have this evaluation or certification performed by
a professional engineer or person approved by the board on or before June 30,
1998, and every 10 years thereafter, unless otherwise exempted.
a. Operators of facilities exempted under § 62.1-44.34:17 D
of the Code of Virginia (i.e., exempted facilities not engaged in the resale of
oil) shall have this evaluation completed within five years after the effective
date of this chapter and every 10 years thereafter.
b. Operators of a newly installed AST shall have this
evaluation completed prior to being placed into service and every 10 years
thereafter.
3. Safe fill and shutdown procedures.
a. Each operator shall institute safe fill, shutdown and
transfer procedures, or equivalent measures established by the board, that will
ensure that spills resulting from tank overfills or other product transfer
operations do not occur. All receipts of oil shall be authorized by the
operator or facility personnel trained by the operator who shall ensure the
volume available in the tank is greater than the volume of oil to be
transferred to the AST before the transfer operation commences. The operator
shall ensure the transfer operation is monitored continually, either by manual
or automatic means, until complete. The operator shall ensure that all tank
fill valves not in use are secured and that only the tank designated is
receiving oil.
b. All oil transfer areas where filling connections are
made with vehicles shall be equipped with a spill containment system capable of
containing and collecting those spills and overfills. The containment system
shall be designed to hold at least the capacity as required by 40 CFR Part 112
(1997) (e.g., the maximum capacity of any single compartment of a vehicle
loaded or unloaded in the transfer area).
c. If installed, an automatic shutdown system utilized
during transfer of oil shall include the capability to direct the flow of oil
to another tank capable of receiving the transferred oil or the capability to
shut down the pumping or transfer system. This automatic shutdown system shall
be tested prior to each receipt of oil and records of testing shall be
maintained at the facility.
d. All ASTs shall be equipped with a gauge that is readily
visible and indicates the level of oil or quantity of oil in the tank. In
addition, the storage capacity and tank identification number shall be clearly
marked on the tank at the location of the gauge. These gauges shall be
calibrated annually.
4. Pressure testing of piping. All piping shall be pressure
tested using an equivalent method or measure approved by the board at intervals
not to exceed five years. The operator of an existing facility or AST shall
complete the initial test on or before June 30, 1998, except operators of
existing facilities or ASTs for which compliance was exempted under §
62.1-44.34:17 D of the Code of Virginia (i.e., exempted facilities not engaged
in the resale of oil). These excepted operators shall complete the initial test
within five years after the effective date of this chapter. All newly installed
or repaired piping shall be tested before being placed into service.
a. A pressure test may be a hydrostatic test at 150%
maximum allowable working pressure (MAWP) or an inert gas test at 110% MAWP.
b. A test conducted and certified by an API authorized
piping inspector to be in conformity with the API 570 Piping Inspection Code is
deemed an equivalent method of testing approved by the board.
c. The board may consider on a case-by-case basis requests
for approval of other equivalent methods or measures which conform to industry
recommended practices, standards and codes. The operator shall submit a request
for approval of a proposed equivalent method or measure to the board as
specified in 9VAC25-91-160.
5. Visual daily inspection and weekly inspections.
a. The operator or a duly authorized representative shall
conduct a daily visual inspection for each day of normal operation in the areas
of the facility where this chapter applies. The facility person conducting the
inspection shall document completion of this inspection by making and signing
an appropriate notation in the facility records. This visual inspection shall
include the following:
(1) A complete walk-through of the facility property in the
areas where this chapter applies to ensure that no hazardous conditions exist;
(2) An inspection of the ground surface for signs of
leakage, spillage, or stained or discolored soils;
(3) A check of the berm or dike area for excessive
accumulation of water and to ensure the dike or berm manual drain valves are
secured;
(4) A visual inspection of the exterior tank shell to look
for signs of leakage or damage; and
(5) An evaluation of the condition of the aboveground
storage tank and appurtenances.
b. The operator or a duly authorized representative shall
conduct a weekly inspection of the facility in the areas where this chapter
applies, using a checklist which contains at least the items found in the
weekly inspection checklist subdivision of this section. The checklist is not
inclusive of all safety or maintenance procedures but is intended to provide
guidance to the requirements within this chapter. The weekly checklist shall be
maintained at the facility and provided to the board upon request. This
checklist shall be signed and dated by the facility person or persons
conducting the inspection and shall become part of the facility record.
(1) The operator of a new AST/facility shall develop the
checklist within 90 days after the date of installation.
(2) The operator of each facility exempted under §
62.1-44.34:17 D of the Code of Virginia (i.e., exempted facilities not engaged
in the resale of oil) shall develop the checklist within 90 days after the
effective date of this chapter.
(3) Operators of facilities not exempted under §
62.1-44.34:17 D of the Code of Virginia (i.e., exempted facilities not engaged
in the resale of oil) and who have developed a checklist within 90 days after
June 30, 1993, shall be deemed to be in compliance with this checklist
requirement as of the effective date of this chapter.
c. Sample—weekly inspection checklist for aboveground
storage tank systems:
____ (1) Containment dike or berm in satisfactory
condition.
____ (2) Containment area free of excess standing water or
oil.
____ (3) Gate valves used for emptying containment areas
secured.
____ (4) Containment area/base of tank free of high grass,
weeds, and debris.
____ (5) Tank shell surface, including any peeling areas,
welds, rivets/bolts, seams, and foundation, visually inspected for areas of
rust and other deterioration.
____ (6) Ground surface around tanks and containment
structures and transfer areas checked for signs of leakage.
____ (7) Leak detection equipment in satisfactory
condition.
____ (8) Separator or drainage tank in satisfactory
condition.
____ (9) Tank water bottom drawoffs not in use are secured.
____ (10) Tank fill valves not in use are secured.
____ (11) Valves inspected for signs of leakage or
deterioration.
____ (12) Inlet and outlet piping and flanges inspected for
leakage.
____ (13) All tank gauges have been inspected and are
operational.
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6. Training of individuals. To ensure proper training of
individuals conducting inspections required by subdivision 5 of this
subsection, the operator of a facility shall train personnel based on the
following requirements:
a. Each facility operator shall establish a training
program for those facility personnel conducting the daily visual and weekly
inspections of the facility. Facility records shall contain the basic
information and procedures required by subdivision 6 c of this subsection. The
required training may be conducted by the operator or by a third party. The
training program established shall be maintained to reflect current conditions
of the facility.
(1) The operator of a new facility shall establish the
training program within six months after being brought into use.
(2) The operator of each facility exempted under §
62.1-44.34:17 D of the Code of Virginia (i.e., exempted facilities not engaged
in the resale of oil) shall establish the training program within six months
after the effective date of this chapter.
(3) Operators of facilities not exempted under §
62.1-44.34:17 D of the Code of Virginia (i.e., exempted facilities not engaged
in the resale of oil) and who have developed a training program within six
months after June 30, 1993, shall be deemed to be in compliance with this
training program requirement as of the effective date of this chapter, so long
as that program reflects current conditions of the facility.
b. The required training shall be conducted for facility
personnel as applicable. Personnel not receiving this initial training and who
will be conducting these inspections shall receive the training prior to
conducting any inspection.
(1) The operator of a new facility shall conduct the
personnel training within 12 months after being brought into use and prior to
personnel conducting any inspection.
(2) The operator of each facility exempted under §
62.1-44.34:17 D of the Code of Virginia (i.e., exempted facilities not engaged
in the resale of oil) shall conduct the personnel training within 12 months
after the effective date of this chapter.
(3) Operators of facilities not exempted under §
62.1-44.34:17 D of the Code of Virginia (i.e., exempted facilities not engaged
in the resale of oil) and who have conducted the personnel training within 12
months after June 30, 1993, shall be deemed to be in compliance with this
personnel training requirement as of the effective date of this chapter, so
long as the training provided reflects current conditions of the facility and
all inspections are current.
c. Training for personnel performing daily and weekly
inspections shall address at a minimum:
(1) Basic information regarding occupational safety, hazard
recognition, personnel protection, and facility operations;
(2) The procedures to be followed in conducting the daily
visual and weekly facility inspections;
(3) The procedures to be followed upon recognition of a
hazard or the potential for a hazard; and
(4) The procedure for evaluating the condition of the
aboveground storage tanks and appurtenances.
d. The operator of a facility shall train facility
personnel upon any changes to the contents of the initial training program or
every three years and shall document this training in the facility records.
7. Leak detection. The operator shall operate, maintain,
monitor and keep records of the system established for early detection of a
discharge to groundwater (i.e., a method of leak detection) as required by
9VAC25-91-170 A 18 and contained in the facility's approved ODCP. These activities
shall be inspected and approved by the department.
1. Formal inspections.
a. Each AST shall undergo formal external and internal tank
inspections. The initial formal internal and external inspections for an AST
existing on June 24, 1998, shall have been completed on or before June 30,
1998, unless otherwise specified within this chapter.
(1) All newly installed ASTs shall have initial formal
inspections within five years after the date of installation.
(2) Operators of facilities existing on June 24, 1998, and
exempted under § 62.1-44.34:17 D of the Code of Virginia (i.e., exempted
facilities not engaged in the resale of oil) shall have completed the initial
formal inspections on or before June 24, 2003.
(3) An AST with a storage capacity of less than 12,000
gallons shall not be subject to the formal internal inspection unless the
integrity of the AST is in question and an inspection is deemed necessary by
the board.
b. Inspections shall be conducted in accordance with the
provisions of American Petroleum Institute (API) Standard 653, Fourth Edition
(April 2009), with Addendum 1 (August 2010) and Addendum 2 (January 2012);
Steel Tank Institute (STI) standard STI-SP001, Fifth Edition (September 2011);
or procedure approved by the board. If construction practices allow external
access to the tank bottom, a formal external inspection utilizing accepted
methods of nondestructive testing or procedure approved by the board may be
allowed in lieu of the internal inspection.
c. An API Standard 653 inspection conducted between January
1, 1991, and June 24, 1998, may be accepted by the board if the operator
provides supporting documentation to the board for review and approval.
d. All formal inspections and testing required by
subdivisions 1 and 2 of this subsection shall be conducted by a person
certified to conduct the inspection or test. This certification shall be
accomplished in accordance with the provisions of API Standard 653, STI-SP001,
or a procedure approved by the board. Proof of this certification shall be
maintained in the facility records. The results of all tests and inspections
required by subdivisions 1 and 2 of this subsection shall be maintained at the
facility or at a location approved by the board for the life of the tank, but
for no less than five years.
2. Formal reinspections.
a. Each AST shall undergo an external reinspection every
five years. Inspections shall be conducted in accordance with the provisions of
API Standard 653, STI-SP001, or other procedure accepted by the board after the
initial formal external inspection has been conducted.
b. Each AST with a storage capacity of 12,000 gallons of
oil or greater shall undergo an internal reinspection in accordance with the
provisions of API Standard 653 or STI-SP001 every 10 years after the initial
formal internal inspection has been conducted.
(1) The board may require the internal reinspection sooner
than 10 years if there is an indication that the corrosion rate established by
the initial internal inspection or a subsequent reinspection has increased.
(2) The internal reinspection period may be extended beyond
10 years if the operator can demonstrate to the board that an extension of the
reinspection period is warranted. The operator shall provide supporting
documentation to the board for review and approval at least six months prior to
the date the reinspection is due.
c. An AST with a storage capacity of less than 12,000
gallons shall not be subject to the formal internal reinspection unless the
integrity of the AST is in question and an inspection is deemed necessary by
the board.
3. Safe fill and shutdown procedures - high level alarm. If
unattended during transfer operations, the AST shall be equipped with a high
level alarm or other appropriate mechanism approved by the board that will
immediately alert the operator to prevent an overfill event. Activation of the
high level alarm or other appropriate mechanism shall initiate an immediate and
controlled emergency shutdown of the transfer, either by manual or automatic
means. Each operator shall include this emergency shutdown procedure in the
facility records and shall ensure that all facility personnel involved in the
transfer operation are trained in this procedure. The alarm shall consist of a
visual and audible device capable of alerting the operator, both by sight and
hearing, to prevent an overfill situation. If the operator is in a control
station, this alarm shall activiate a warning light and audible signal in that
station. In addition, this system shall alarm on failure, malfunction, or power
loss. This high level alarm shall be tested prior to each receipt of oil.
Records of testing shall be maintained at the facility.
4. Cathodic protection of piping. The requirement for
cathodic protection of piping shall apply to buried piping only. Cathodic
protection shall be installed and maintained in accordance with the following
applicable publications: American Petroleum Institute Standard (API) 1632,
Third Edition (2002), the Uniform Statewide Building Code and its referenced
model codes and standards, or National Association of Corrosion Engineers
(NACE) SP0285-2011. All piping above ground shall be protected from corrosion
using methods and procedures referenced in the Uniform Statewide Building Code
and its referenced model codes and standards, or a procedure approved by the
board. Piping that passes through the wall of the containment berm or dike or
under road crossings shall be protected from corrosion and damage using
practices recommended in the publications listed in this subdivision.
9VAC25-91-140. Performance standards for aboveground storage
tanks newly installed, retrofitted, or brought into use.
A. All ASTs shall be built in accordance with the applicable
design standards adopted by Underwriters Laboratories, the American Petroleum
Institute, the Steel Tank Institute or other standard approved by the board.
B. All ASTs shall be strength tested before being placed in
use in accordance with the applicable code or standard under which they were
built.
C. ASTs that have the tank bottom in direct contact with the
soil shall have a determination made by a corrosion professional as to the type
and degree of corrosion protection needed to ensure the integrity of the tank
system during the use of the tank. If a survey indicates the need for corrosion
protection for the new installation, corrosion protection shall be provided.
D. ASTs installed after the effective date of this chapter
June 30, 1993, shall have a release prevention barrier (RPB) installed
either under or in the bottom of the tank. The RPB shall be capable of: (i)
preventing the release of the oil and (ii) containing or channeling the oil for
leak detection.
E. Existing ASTs that are retrofitted (reconstruction or
bottom replacement) or brought back into use shall be brought into compliance
with subsections A, B, C, and D of this section. The operator shall submit a
schedule to the board department of the work to be performed in
order to bring the existing AST into compliance with new-built construction
standards. This compliance schedule shall be submitted to the board department
no less than six months prior to the anticipated completion date.
F. Operators of ASTs installed, retrofitted (reconstruction
or bottom replacement) or brought back into use shall also comply with 9VAC25-91-130
A or 9VAC25-91-130 B, whichever is and 9VAC25-91-130 C, as
applicable.
G. All newly installed ASTs shall be constructed and
installed in a manner consistent with the applicable standards and requirements
found in NFPA 30 and the BOCA® National Building Code the Uniform
Statewide Building Code and its referenced model codes and standards or
other standards approved by the board. Approval and any applicable permits
shall be obtained from the local building official before construction starts.
H. Compliance dates for
subsections A through G of this section.
1. Operators of a newly installed, retrofitted or
brought-back-into-use facility or AST shall comply with the requirements of
this section within 30 days prior to being placed into service.
2. Operators of facilities existing on June 24, 1998, and
exempted under § 62.1-44.34:17 D of the Code of Virginia (i.e., exempted
facilities not engaged in the resale of oil) shall comply have
complied with these requirements within 120 days of the effective date
of this chapter by October 22, 1998.
3. Operators of facilities existing on June 24, 1998, and
not exempted under § 62.1-44.34:17 D of the Code of Virginia (i.e., exempted
facilities not engaged in the resale of oil) and who have met these
requirements on or before June 30, 1993, shall be deemed to be in compliance
with these requirements as of the effective date of this chapter.
9VAC25-91-145. Performance standards for certain aboveground
storage tanks located in the City of Fairfax.
A. The requirements of this section apply to aboveground
storage tanks at facilities with an aggregate capacity of one million gallons
or greater existing prior to January 29, 1992, and located in the City of
Fairfax.
B. All ASTs altered as required by this section shall be
strength tested before being returned to use in accordance with the applicable
code or standard under which they were built.
C. All ASTs shall contain a release prevention barrier
(RPB) either under or in the bottom of the tank. The RPB shall be capable of
(i) preventing the release of the oil and (ii) containing or channeling the oil
for leak detection. Existing elevated ASTs that are installed in containment
areas meeting the requirements of an RPB or that are located within earthen
containment dikes and are included in the daily and weekly inspections required
by 9VAC25-91-130 B 5 shall be considered to be in compliance with the
requirements of this section.
D. All ASTs altered as required by this section shall meet
the applicable standards and requirements found in the Uniform Statewide
Building Code or other standards approved by the board. Approval and all
applicable permits shall be obtained from the local building official before
altering ASTs.
E. Operators of facilities subject to this section shall
meet the performance standards of this section no later than July 1, 2021.
9VAC25-91-150. Recordkeeping and access to facilities.
A. Each operator of a facility subject to this chapter shall
maintain the following records:
1. All records relating to all required measurements and
inventory and reconciliation of oil at the facility;
2. All records relating to required tank/pipe testing;
3. All records relating to spill events and other discharges
of oil from the facility;
4. All supporting documentation for developed contingency
plans;
5. All records for implementation and monitoring of leak detection
and applicable provisions of 9VAC25-91-170 A 18 of Part IV (9VAC25-91-170, Oil
Discharge Contingency Plan (ODCP) Requirements) of this chapter;
6. All records relating to training of individuals; and
7. All records relating to facility and tank inspections;
and
8. Any records required to be kept by statute or
regulation of the board.
B. These records shall be kept by the operator of a facility
at the facility or at an alternate location approved by the board for a period
of no less than five years unless otherwise indicated.
C. Upon request, each operator shall make these records
available to the board department and to the director or
coordinator of emergency services for the locality in which the facility is
located or to any political subdivision within one mile of the facility.
D. Operators shall maintain all records relating to
compliance with this chapter for a period of no less than five years from the
date the board department receives notice of the closure unless
otherwise indicated. These records shall be made available to the board department
at any time upon request.
9VAC25-91-160. Variances to the requirements of Part III
(9VAC25-91-130 et seq.) of this chapter.
A. General criteria for granting a variance on a case-by-case
basis.
1. The board is required by § 62.1-44.34:15.1 of the Code of
Virginia to establish the criteria to grant variances of the AST pollution
prevention requirements on a case-by-case basis and by regulation for
categories of ASTs. Any person affected by this chapter may petition the board
to grant a variance of any requirement of Part III (9VAC25-91-130 et seq.) of
this chapter.
2. The board will not grant any petition for a variance
related to:
a. Definitions;
b. Registration;
c. Classification of aboveground storage tanks; or
d. Oil discharge contingency plans.
3. The board may grant a variance if:
a. The applicant demonstrates to the satisfaction of the board
that the alternate design or operation will result in a facility that is
equally capable of preventing pollution of state water, land, and storm drains
from the discharge of oil from new and existing ASTs. If the variance would
extend a deadline, the petitioner shall demonstrate that a good faith effort to
comply with the deadline was made;
b. Granting the variance will not result in an unreasonable
risk to human health or the environment; and
c. Granting the variance will not result in a conflict with
applicable local codes or ordinances.
4. In rendering a decision, the board may:
a. Deny the petition;
b. Grant the variance as requested;
c. Grant a modified variance which:
(1) Specifies additional or modified requirements;
(2) Includes a schedule for:
(a) Periodic review of the modified requirements;
(b) Implementation by the facility of such control measures as
the board finds necessary in order that the variance may be granted; or
(c) Compliance, including increments of progress, by the
facility with each requirement of the variance; or
(3) Specifies the termination date of the variance.
d. Grant a partial variance that:
(1) Specifies a particular part of the requirement;
(2) Specifies a particular part of the request;
(3) Includes a schedule for:
(a) Periodic review of the partial requirements;
(b) Implementation by the facility of such control measures as
the board finds necessary in order that the variance may be granted; or
(4) Specifies the termination date of the variance.
5. An operator must comply with the requirements of this
chapter even when a variance request is under consideration by the board. A
variance request submitted but disapproved, or submitted but not yet decided,
shall not constitute a defense or delay to any enforcement action undertaken by
the department.
B. Administrative procedures.
1. General requirements for the submission of a petition by
the owner or a duly authorized representative. All petitions submitted to the
board shall include:
a. The owner's or duly authorized representative's name and
address;
b. A citation of the regulatory requirement to which a
variance is requested;
c. An explanation of the need or desire for the proposed
action, including the reason the existing requirement is not achievable or is
impractical compared to the alternative being proposed;
d. An explanation of the impact to applicable local codes and
ordinances;
e. A description of the proposed action;
f. The duration of the variance, if applicable;
g. The potential impact of the variance on human health or the
environment and a justification of the proposed action's ability to provide
equivalent protection of human health and the environment as would compliance
with the regulatory requirements;
h. Enforcement action against or pending against the
petitioner;
i. Other information believed by the applicant to be
pertinent; and
j. The following statements signed by the owner or a duly
authorized representative:
"I certify that I have personally examined and am
familiar with the information submitted in this petition and all attached
documents, and that, based on my inquiry of those individuals immediately
responsible for obtaining the information, I believe that the submitted
information is true, accurate, and complete. The petition, if granted, will not
be in violation of any local codes or ordinances or pose an unreasonable risk
to human health or the environment. I am aware that there are significant penalties
for submitting false information, including the possibility of fine and
imprisonment."
2. In addition to the general information required of all
petitioners under subdivision 1 of this subsection, the petitioner shall submit
other information as may be required by the board.
3. All variance petitions and correspondence shall be
submitted to the following address:
Mailing Address:
Department of Environmental Quality
Office of Spill Response and
Remediation
P.O. Box 10009 1105
Richmond, VA 23240-0009 23218
Street Address:
Department of Environmental Quality
Office of Spill Response and
Remediation
629 E. Main Street
Richmond, VA 23219
C. Petition processing.
1. After receiving a petition that includes the information
required in subdivision B 1 of this section, the board will determine whether
the information received is sufficient to render the decision. If the
information is deemed to be insufficient, the board will specify additional
information needed and request that it be furnished.
2. The petitioner may submit the additional information
requested, may attempt to show that no reasonable basis exists for the request
for additional information, or may withdraw the petition. If the board agrees
that no reasonable basis exists for the request for additional information, the
board will act in accordance with subdivision 3 b of this subsection. If the
board continues to believe that a reasonable basis exists to require the
submission of such information, the board will deny the petition.
3. After the petition is deemed complete:
a. The board will review the petition;
b. After evaluating the petition, the board will notify the
applicant of the following final decision:
(1) Petition is denied;
(2) Requested variance is granted; or
(3) Modified or partial variance is granted;
c. The board shall send written notification of the variance
to the chief administrative officer of the locality in which the facility is
located; and
d. If the board grants a variance request, the notice to the
petitioner shall provide that the variance may be terminated upon a finding by
the board that the petitioner has failed to comply with any variance
requirements.
D. Variance by regulation for categories of ASTs.
1. ASTs totally off ground with all shall not be
subject to inventory control or testing for significant variation if:
a. All associated piping is off ground;
b. All associated buried piping is double walled; or
c. All associated piping meets the requirements using a
combination of subdivisions 1 a and 1 b of this subsection shall not be
subject to inventory control or testing for significant variation.
2. ASTs with a capacity of 5,000 gallons or less located
within a building or structure designed to fully contain a discharge of oil
shall not be subject to inventory control or testing for significant variation.
3. ASTs containing No. 5 or No. 6 fuel oil for consumption on
the premises where stored shall not be subject to inventory control or testing
for significant variation.
4. ASTs with release prevention barriers (RPBs) with all
and with an established corrosion rate and cathodic protection that protects
the entire area of the tank bottom shall not be subject to inventory control or
testing for significant variation if:
a. All associated piping is off ground,;
b. All associated buried piping is double walled; or
c. All associated piping meets the requirements using a
combination of subdivisions 4 a and 4 b of this subsection with an
established corrosion rate and cathodic protection that protects the entire
area of the tank bottom shall not be subject to inventory control or testing
for significant variation.
5. ASTs with release prevention barriers (RPBs) with all
and with secondary containment that is 72 hours impermeable shall not be
subject to inventory control or testing for significant variation if:
a. All associated piping is off ground;
b. All associated buried piping is double walled; or
c. All associated piping [ meeting
meets ] the requirements using a combination of subdivisions 5 a
and 5 b of this subsection and with secondary containment that is 72
hours impermeable shall not be subject to inventory control or testing for
significant variation.
6. ASTs that meet the construction and installation standards
of STI—F911-93, F921-93, or F941-94 STI-F911, F921, or F941, or
equivalent standards approved by the board shall not be subject to inventory
control or testing for significant variation.
7. For refineries with a continuous leak detection monitoring
system and cathodic protection of the AST and piping, a significant variation
of inventory shall be considered a loss in excess of 3.0% by weight of the
difference between the refinery's input and output.
8. Vaulted tanks meeting UL 2245 or an equivalent standard
approved by the board shall not be subject to inventory control or testing for
significant variation. The inspections for these tanks required in
9VAC25-91-130 B 5 need to be conducted no more frequently than once every 31
days. The criteria for the visual daily inspection and weekly inspection
checklist shall be incorporated into a monthly checklist.
9. An AST used in the production/manufacturing process with
full containment that is 72 hours impervious shall not be subject to inventory
control or testing for significant variation.
10. An AST of 12,000 gallons or less with full containment
that is 72 hours impervious, inside a building and used for the storage of
heating oil consumed on the premises shall not be subject to inventory control
or testing for significant variation.
11. A double-walled AST shall not be subject to inventory
control or testing for significant variation. The inspections required in
9VAC25-91-130 B 5 need be conducted no more frequently than once every 31 days.
The criteria for the visual daily inspection and weekly inspection checklist
shall be incorporated into a monthly checklist.
Part IV
Oil Discharge Contingency Plan (ODCP) Requirements
9VAC25-91-170. Contingency plan requirements and approval.
A. Section 62.1-44.34:15 of the Code of Virginia requires
that all facility oil discharge contingency plans must conform to the
requirements and standards determined by the board to be necessary to ensure
that the applicant can take such steps as are necessary to protect
environmentally sensitive areas; to respond to the threat of an oil discharge;
and to contain, cleanup, and mitigate an oil discharge within the shortest
feasible time. Each such plan shall provide for the use of the best
available technology (economically feasible, proven effective and reliable and
compatible with the safe operation of the facility) at the time the plan is
submitted for approval and, in order to be approvable, shall contain, at a
minimum, the following requirements:
1. The name of the facility, geographic location and access
routes from land and water if applicable;
2. The names of the operators of the facility including
address and phone number;
3. A physical description of the facility consisting of a plan
of the facility which identifies the applicable oil storage areas, transfer
locations, control stations, above and below ground oil transfer piping within
the facility boundary (and including adjacent easements and leased property),
monitoring systems, leak detection systems and location of any safety
protection devices;
4. A copy of the material safety data sheet (MSDS) or its
equivalent for each oil or groups of oil with similar characteristics stored,
transferred or handled at the facility. To be equivalent, the submission shall
contain the following:
a. Generic or chemical name of the oil;
b. Hazards involved in handling the oil; and
c. A list of fire-fighting procedures and extinguishing agents
effective with fires involving each oil or groups of oil demonstrating similar
hazardous properties which require the same fire-fighting procedures;
5. The maximum storage or handling capacity of the facility
and the individual tank capacities or, in the case of a pipeline, the average
daily throughput of oil;
6. A complete listing, including 24-hour phone numbers, of all
federal, state and local agencies required to be notified in the event of a
discharge;
7. The position title of the individuals responsible for
making the required notifications and a copy of the notification check-off
list;
8. The position title, address and phone number of the
individuals authorized to act on behalf of the operator to implement
containment and cleanup actions. This individual shall be available on a
24-hour basis to ensure the appropriate containment and cleanup actions are
initiated;
9. The position title of the individuals designated by the
operator to ensure compliance during containment and cleanup of a discharge
with applicable federal, state and local requirements for disposal of both
solid and liquid wastes;
10. Identification and ensurance1 [ ensurance
assurance ] by contract or other means acceptable to the board of the
availability of private personnel and equipment necessary to remove to the
maximum extent practicable the worst case discharge and to mitigate or prevent
a substantial threat of such a discharge. This contract or agreement shall
ensure a certain response within the shortest feasible time. The board will
accept a letter of understanding between the operator and the response
contractors which attests to this capability being readily available.
Membership in a cleanup cooperative or other response organization is also
acceptable. A listing of contractor or cooperative capabilities, including an
inventory of the equipment and specification of the other information required
by subdivision 12 of this subsection, shall be included unless these
capabilities are already on file with the board department;
11. Assessment of the worst case discharge, including measures
to limit the outflow of oil, response strategy and operational plan. For the
purpose of this chapter, the worst case discharge is the instantaneous release
of the volume of the largest tank on the facility (125% of the volume of the
largest tank for facilities with multiple tanks within a single containment
dike) during adverse weather conditions. Facilities shall take into
consideration that due to hydraulic pressure of the release, the secondary
containment will not contain this volume in its entirety. The worst case
discharge for a pipeline shall be based upon the volume of a discharge
calculated using the maximum pressure, velocity, and elevation, and the largest
pipe size and pipeline location. If facility design and operation indicates
that this worst case discharge scenario does not meet the intent of this
chapter, the board may require submission of other worst case scenarios on a
facility-specific basis;
12. Inventory of facility containment equipment, including
specification of quantity, type, location, time limits for gaining access to
the equipment, and identification of facility personnel trained in its use;
13. Identification and location of natural resources at risk
(including, but not limited to, surface waters as indicated on the applicable
USGS quadrangle maps, groundwater, public water supplies, public and private
water wells and springs, state or federal wildlife management areas, wildlife
refuges, management areas, sanctuaries, property listed on the National
Register of Historic Places and property listed on the National Register of
Natural Landmarks), priorities for protection and means of protecting these
resources;
a. In addition to the requirements set forth in this
subdivision, the operator of a facility with an aggregate aboveground storage
or handling capacity of one million gallons or greater of oil shall conduct a
groundwater characterization study (GCS) within the geographic boundaries of
the facility to be submitted as part of the contingency plan. The operator of
such a facility shall utilize upgradient and downgradient GCS monitoring wells
to satisfy this requirement. At the time of a discharge, the operator of such a
facility shall conduct further characterization of the groundwater as required
by the board;
b. For purposes of satisfying the requirement to identify and
locate natural resources at risk, the operator of a pipeline shall identify
surface waters as indicated on the applicable USGS quadrangle maps, public
water supplies, state or federal wildlife management areas, wildlife refuges,
management areas, sanctuaries, property listed on the National Register of
Historic Places and property listed on the National Register of Natural
Landmarks which could reasonably be expected to be impacted by the discharge.
At the time of a discharge, the operator of a pipeline shall conduct a complete
groundwater characterization study as required by the board and identify other
natural resources at risk including public and private wells or springs which
could reasonably be expected to be impacted by the discharge;
14. Identification and location of any municipal or other
services (including, but not limited to, storm drains, storm water collection
systems and sanitary sewer systems) at risk, notification procedures applicable
and means of protection of these services. The identification and location of
all municipal services shall include those services for which official records
are available. The operator of a pipeline shall determine which sections of the
system are located in areas that would require an immediate response by the
operator to prevent hazards to the public if a discharge occurred;
15. If applicable, the facility's responsibility for
responding to a discharge from a vessel moored at the facility and the identity
of the sizes, types, and number of vessels that the facility can transfer oil
to or from simultaneously;
16. A description of training, equipment testing, and periodic
unannounced oil discharge drills conducted by the operator to mitigate or
prevent the discharge or the substantial threat of a discharge;
17. The facility's oil inventory control procedures.
Facilities shall ensure that this control procedure is capable of providing for
the detection of a discharge of oil within the shortest feasible time in
accordance with recognized engineering practices and industry measurement
standards;
18. A detailed description of a system for early detection of
a discharge to groundwater, utilizing up-gradient and down-gradient leak
detection monitoring wells or other groundwater protection measures acceptable
to the board (i.e., visual, interstitial, vapor and leak detection groundwater
monitoring wells). The system will be operated, maintained and monitored in the
manner approved and be subject to inspection by the department under the
pollution prevention requirements of Part III (9VAC25-91-130 et seq., Pollution
Prevention Requirements) of this chapter. Operators subject to subdivision 13 a
of this subsection may utilize such GCS wells to meet this requirement when
approved by the board;
19. The procedures to be followed, upon detection of a
discharge of oil, for testing and inspection of all tanks, piping and all oil
transfer associated equipment that could reasonably be expected to be a point
source for the discharge. These procedures shall be conducted within the
shortest feasible time, include a progression of written procedures from visual
inspection to formal testing and be conducted in accordance with recognized
engineering practices;
20. The facility's preventive maintenance procedures
applicable to the critical equipment of an oil storage and transfer system as
well as the maximum pressure for each oil transfer system. The term
"critical equipment" shall mean equipment that affects the safe
operation of an oil storage and handling system;
21. A description of the security procedures used by facility
personnel to avoid intentional or unintentional damage to the facility; and
22. A post-discharge review procedure to assess the discharge
response in its entirety.
B. All nonexempt facility operators shall file with the board
the application form for approval of the contingency plan. This form shall be
submitted with the required contingency plan and shall be completed insofar as
it pertains to the facility. The operator shall sign and date the certification
statement on the application form. If the operator is a corporation, the form
shall be signed by an authorized corporate official; if the operator is a
municipality, state, federal or other public agency, the form shall be signed
by an authorized executive officer or ranking elected official; if the operator
is a partnership or sole proprietorship, the form shall be signed by a general
partner or the sole proprietor. All forms shall be acknowledged before a Notary
Public.
C. Contingency plans shall be filed with and approved by the
board. The plan shall be submitted to the board at the address specified in
9VAC25-91-60 A. A copy of the original with the facility-specific information
and the approval letter shall be retained at the facility and shall be readily
available for inspection.
D. An operator of multiple facilities may submit a single
contingency plan encompassing more than one facility if the facilities are
located within the defined boundaries of the same city or county or if the
facilities are similar in design and operation. The plan shall contain
site-specific information as required by subsection A of this section for each
facility. The site-specific information shall be placed in appendices to the plan.
Upon renewal of an approved contingency plan submitted under
this subsection, the board shall consider the individual facilities subject to
all provisions of subsections E through J of this section.
E. Oil discharge contingency plans shall be reviewed, updated
if necessary and resubmitted to the board for approval every 60 months from the
date of approval unless significant changes occur sooner. Operators shall
notify the board of significant changes and make appropriate amendments to the
contingency plan within 30 days of the occurrence. For the purpose of this
chapter, a significant change includes the following:
1. A change of operator of the facility;
2. An increase in the maximum storage or handling capacity of
the facility that would change the measures to limit the outflow of oil,
response strategy or operational plan in the event of the worst case discharge;
3. A decrease in the availability of private personnel or
equipment necessary to remove to the maximum extent practicable the worst case discharge
and to mitigate or prevent a substantial threat of such a discharge;
4. A change in the type of product dealt in, stored or handled
by any facility covered by the plan for which a MSDS or its equivalent has not
been submitted as part of the plan; or
5. A change in the method or operation utilized for the early
detection of a discharge to groundwater (i.e., change in a method of leak
detection).
F. Updated plans or certification for renewal of an existing
plan shall be submitted to the board for review and approval not less than 90
days prior to expiration of approval of the current plan. Submittal of the
certification for renewal for an existing plan shall be made in accordance with
the provisions of subsection B of this section. All notifications of changes,
renewals, submissions and updates of plans required by this chapter shall be
directed to the respective regional office.
G. An oil discharge exercise may be required by the board to
demonstrate the facility's ability to implement the contingency plan. The board
will consult with the operator of the facility prior to initiating an exercise.
Where appropriate, the board will ensure coordination with federal agencies
prior to initiation of an exercise.
H. The board may, after notice and opportunity for a
conference pursuant to § 9-6.14:11 § 2.2-4019 of the Code of
Virginia, deny or modify its approval of an oil discharge contingency plan if
it determines that:
1. The plan as submitted fails to provide sufficient
information for the board to process, review and evaluate the plan or fails to
ensure the applicant can take such steps as are necessary to protect
environmentally sensitive areas, to respond to the threat of a discharge, and
to contain and clean up an oil discharge within the shortest feasible time;
2. A significant change has occurred in the operation of the
facility covered by the plan;
3. The facility's discharge experience or its inability to
implement its plan in an oil spill discharge exercise demonstrates a necessity
for modification; or
4. There has been a significant change in the best available
technology since the plan was approved.
I. The board, after notice and opportunity for hearing, may
revoke its approval of an oil discharge contingency plan if it determines that:
1. Approval was obtained by fraud or misrepresentation;
2. The plan cannot be implemented as approved;
3. A term or condition of approval of this chapter has been
violated; or
4. The facility is no longer in operation.
J. A Facility Response Plan (FRP) developed pursuant to § 4202
of the federal Oil Pollution Act of 1990, Pub. L. No. 101-380, 33 USCA § 2716
(1996), may be accepted as meeting the requirements of subdivisions A 1 through
A 22 of this section. The operator shall submit a copy of the FRP and a copy of
the currently valid FRP approval letter for the facility for review and
approval by the board. The FRP shall contain a cross reference in order to
index pages for the specific requirements of the ODCP. The FRP shall also
contain the satisfaction of the requirements of subdivisions A 13 a and A 18 of
this section. This information shall be resubmitted in accordance with the
renewal period established by federal statute or regulation but in no instance
shall the renewal period exceed five years. The board shall be notified of any
plan amendments within 30 days of the amendment.
1So in original.
Part V
Groundwater Characterization Study (GCS) and GCS Well Monitoring Requirements
9VAC25-91-180. Groundwater characterization study (GCS).
A. Section 62.1-44.34:15 of the Code of Virginia requires the
operator to apply to the board for approval of an ODCP. The ODCP shall be
accompanied by other relevant information required by the board (e.g.,
groundwater characterization study (GCS) of each facility with an aggregate
aboveground storage capacity of one million gallons or greater of oil). The
purpose of this GCS is to determine baseline conditions and flow of groundwater
within the geographic boundaries of the facility. The operator's results of the
GCS shall be subject to the review and approval of the department board
and shall be submitted to the department as part of the Oil Discharge
Contingency Plan (ODCP) referenced in Part IV (9VAC25-91-170, Oil Discharge
Contingency Plan (ODCP) Requirements) of this chapter. The GCS wells are
required by 9VAC25-91-170 A 13 a in the ODCP requirements.
B. Section 62.1-44.34:15.1 of the Code of Virginia requires
that the operator of a facility with an aggregate capacity of one million
gallons or greater of oil conduct monthly gauging and inspection, monitoring of
well headspace, and quarterly sampling and laboratory analysis of all
groundwater monitoring wells located at the facility to determine the presence
of petroleum or petroleum by-product contamination. The monitoring
requirements of these GCS wells are in 9VAC25-91-190, GCS well monitoring.
C. Although GCS monitoring wells may be approved for use as
part of a leak detection system, the GCS well monitoring requirement should not
be confused with any requirement for leak detection monitoring wells required
by 9VAC25-91-170 A 18.
9VAC25-91-200. Reporting; GCS well monitoring report.
A. All observations and data gathered as a result of the
requirements in 9VAC25-91-190 and any other data obtained from those same wells
shall be maintained at the facility, compiled, and submitted to the board
department annually in the following format:
I. Monthly gauging of GCS groundwater monitoring wells.
1.0 Summary of measurement procedures.
2.0 Table of static water levels recorded from monitoring
wells.
II. Quarterly GCS groundwater vapor monitoring.
1.0 Summary of groundwater and vapor collection procedures.
2.0 Table of vapor measurements from monitoring well
headspace.
3.0 Table of groundwater monitoring well visual inspection
results.
III. Annual GCS groundwater quality evaluation.
1.0 Summary of groundwater collection methods.
2.0 Summary of groundwater analytical results and
interpretation.
3.0 Table of analytical methods used.
4.0 Table of analytical results.
5.0 Table of field and trip blank results.
6.0 Groundwater laboratory data including chain-of-custody
forms.
7.0 Laboratory quality assurance review.
B. The annual GCS monitoring report shall include the
facility name and address, operator, and consultant, if any, who prepared the
report, contact person and the date the report was submitted.
Part VI
Referenced Publications Resources Available
9VAC25-91-220. Referenced publications. Resources
available.
A. This chapter (Facility and Aboveground Storage Tank
(AST) Regulation (9VAC25-91)) does not contain all requirements for aboveground
storage tanks in Virginia. The resources listed in this section have been
included to assist with complying with requirements of this regulation. Section
36-99.6 of the Code of Virginia requires the Board of Housing and Community
Development to incorporate, as part of the building code, regulations adopted
and promulgated by the State Water Control Board governing the installation,
repair, upgrade, and closure of aboveground storage tanks. Portions of this
chapter are incorporated into the Virginia Uniform Statewide Building Code
(USBC). The USBC referenced model codes and standards apply as promulgated by
the Virginia Department of Housing and Community Development.
A. B. The following documents or portions
thereof are resources referenced or provide guidance in this
chapter:
1. Underwriters Laboratories Standards:
a. Specification 142, "Steel Aboveground Tanks for
Flammable and Combustible Liquids," Seventh Ninth Edition;
b. Standard 2245, "Standard for Below-Grade Vaults for
Flammable Liquid Storage Tanks," Second Edition, December 28, 2006;
2. American Petroleum Institute (API) Standards:
a. API 12B: Specification 12B and Supplement 2, October 1,
1990, October 2008, "Specification for Bolted Tanks for Storage
of Production Liquids," Thirteenth Fifteenth Edition;
b. API 12D: Specification 12D, and Supplement 2,
1982 as supplemented 1985, October 2008, "Specification for
Field Welded or Tanks for Storage of Production Liquids," Ninth
Eleventh Edition;
c. API 12F: Specification 12F, and Supplement 1, 1982 as
supplemented 1988, October 2008, "Specification for Shop Welded
Tanks for Storage of Production Liquids," Tenth Twelfth
Edition;
d. API 570: Piping Inspection Code, "Inspection,
Repair, Alteration, and Rerating of In-Service Piping Systems, First Edition,
June 1993;
e. d. API 575; May 2005, "Inspection of
Existing Atmospheric and Low-pressure Storage Tanks," Second Edition, May
2005;
e. API 620: Standard 620, 1990, February
2008, "Design and Construction of Large, Welded, Low-Pressure Storage
Tanks," Eighth includes Addendum 1 (2009), Addendum 2 (2010),
and Addendum 3 (2012), Eleventh Edition;
f. API 650: Standard 650, 1988, June 2001,
"Welded Steel Tanks for Oil Storage," Eighth Eleventh
Edition;
g. API 651: Recommended Practice 651, January 2007,
"Cathodic Protection for Above Ground Petroleum Storage Tanks," Third
Edition;
g. h. API 652: Recommended Practice 652, April
1991, October 2005, "Lining of Aboveground Petroleum Storage
Tank Bottoms," First Third Edition;
h. API 653: API Standard 653, January 1991, "Tank
Inspection, Repair, Alteration, and Reconstruction," First Edition,
incorporates supplement 1, January 1992;
i. API 2350: Recommended Practice 2350, March 1987 January
2005, "Overfill Protection for Petroleum Storage Tanks,";
Third Edition;
3. National Fire Protection Association (NFPA) Standards:
a. NFPA 30, "Flammable and Combustible Liquids
Code," 1996 edition;
b. NFPA 30A, "Automotive and Marine Service Station
Code," 1990 edition;
4. National Association of Corrosion Engineers (NACE)
Standards: Recommended Practice 0285-95 (1995), "Control of External
Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage
Systems";
5. 40 CFR Part 112 (1997), "Oil Pollution Prevention";
6. 29 CFR Part 1910.106 (1997), "Flammable and
Combustible Liquids";
7. Uniform Statewide Building Code (USBC), 1996 edition;
8. 3. Virginia Statewide Fire Prevention Code
(SWFPC), 1996 edition; (March 1, 2011); and
9. Building Officials & Code Administrators
International, Inc. (BOCA); BOCA—National Building Code, 1996 edition:
a. Chapter 32—Flammable and Combustible Liquids;
b. Chapter 23—Hazardous Materials; and
10. 4. Steel Tank Institute (STI), Standards and
Recommended Practices:
a. STI Standard for Diked Aboveground Storage Tanks F911-93
F911;
b. STI Standard for Aboveground Tanks with Integral Secondary
Containment F921-93; F921, revised July 2011;
c. STI FireguardTM Thermally Insulated Specifications
for Fireguard protected Aboveground Storage Tank Standard F941-94 Tanks
F941.
B. The issue of the industry specification, standard, or
code, including addenda or changes, described in this chapter as referenced
publications, shall be used unless circumstances warrant the use of an earlier
date and are specifically authorized by the board.
C. Standards and codes listed in [ 9VAC25-220
A subsection B of this section ] are specifically
authorized for use by the board. Other standards and codes may be used if
specifically authorized by the board.
D. This chapter refers to resources that may be used to
comply with provisions of the regulations. These resources are available
through the Internet; therefore, in order to assist the regulated community,
the resource reference document owner's contact information, including uniform
resource locator or Internet address is provided for each of the resource
references listed in this section.
1. Underwriter's Laboratories, [ http://www.ul.com/global/eng/pages/solutions/standards/
http://ulstandards.ul.com/access-standards/ ],
Underwriter's Laboratories, 2600 NW Lake Road, Camas, WA 98607-8542.
2. American Petroleum Institute, http://api.org, American Petroleum Institute, 1220
L Street, NW, Washington, DC 20005-4070.
3. National Association of Corrosion Engineers, http://nace.org, National Association of
Corrosion Engineers, 1440 South Creek Drive, Houston, TX USA 77084-4906.
4. Code of Federal Regulations, http://www.gpo.gov/fdsys/.
5. Virginia Uniform Statewide Building Code, [ http://www.dhcd.virginia.gov/StateBuildingCodesandRegulations/Virginia_Uniform_Statewide_Building_Code.htm
http://www.dhcd.virginia.gov/index.php/va-building-codes/building-and-fire-codes/regulations/uniform-statewide-building-code-usbc.html ],
Virginia Department of Housing and Community Development, Main Street Centre,
600 East Main Street, Suite 300, Richmond, VA 23219.
6. Virginia Statewide Fire Prevention Code, [ http://www.dhcd.virginia.gov/StateBuildingCodesandRegulations/
http://www.dhcd.virginia.gov/StateBuilding
CodesandRegulations/PDFs/2009/Code%20-%20SFPC.pdf ], Virginia
Department of Housing and Community Development, Main Street Centre, 600 East
Main Street, Suite 300, Richmond, VA 23219.
7. Steel Tank Institute, www.steeltank.com,
Steel Tank Institute, 944 Donata Court, Lake Zurich, IL 60047.
NOTICE: The following
forms used in administering the regulation were filed by the agency. The forms
are not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name of a form with a hyperlink to
access it. The forms are also available from the agency contact or may be
viewed at the Office of the Registrar of Regulations, General Assembly
Building, 2nd Floor, Richmond, Virginia 23219.
FORMS (9VAC25-91)
Registration for Facility and Aboveground Storage Tank
(AST), DEQ Form 7540-AST (rev. 10/08).
Registration
for Facility and Aboveground Storage Tank (AST), DEQ Form 7540-AST (rev. 7/13)
Approval Application for Facility Oil Discharge
Contingency Plan (rev. 8/07)
Renewal Application for
Facility Oil Discharge Contingency Plan (rev. 8/07)
DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-91)
American
Petroleum Institute (API) Standard API 570: Piping Inspection Code,
November 2009," [ In-service ] Inspection,
[ Rating ] Repair, [ and ] Alteration,
[ and Rerating ] of [ In-Service ]
Piping Systems, [ Alteration of Piping Systems," First
Edition, June 1993; ] Third Edition
American
Petroleum Institute (API) Standard API 653, April 2009, "Tank
Inspection, Repair, Alteration, and Reconstruction," includes Addendum 1
(2010) and Addendum 2 (2012), Fourth Edition
American
Petroleum Institute (API) Standard API 1632: Recommended Practice 1632,
[ 2002 reaffirmed 2010 ] "Cathodic
Protection of Underground Petroleum Storage Tanks and Piping Systems,"
Third Edition
National
Association of Corrosion Engineers (NACE) SP0285-2011," [ External
] Corrosion Control of Underground Storage Tank Systems by Cathodic
Protection" [ , revised March 13, 2011 ]
Steel
Tank Institute (STI), Standard STI - SP001 "Standard for the
Inspection of Aboveground Storage Tanks," Fifth Edition, September 2011
VA.R. Doc. No. R12-3011; Filed August 4, 2015, 9:54 a.m.
TITLE 12. HEALTH
STATE BOARD OF HEALTH
Final Regulation
Title of Regulation: 12VAC5-90. Regulations for
Disease Reporting and Control (amending 12VAC5-90-370).
Statutory Authority: §§ 32.1-12 and 32.1-35 of the
Code of Virginia.
Effective Date: September 25, 2015.
Agency Contact: Diane Woolard, Ph.D., Director, Division
of Surveillance and Investigation, Department of Health, 109 Governor Street,
Richmond, VA 23219, telephone (804) 864-8124, or email
diane.woolard@vdh.virginia.gov.
Summary:
The amendments provide that facilities that report data
into the Centers for Disease Control and Prevention's National Healthcare
Safety Network (NHSN) for the Centers for Medicare and Medicaid Services
Hospital Inpatient Quality Reporting Program shall share the data, through the
NHSN, with the department.
Summary of Public Comments and Agency's Response: A
summary of comments made by the public and the agency's response may be
obtained from the promulgating agency or viewed at the office of the Registrar
of Regulations.
Part I
Definitions
EDITOR'S NOTE: The
proposed amendments to 12VAC5-90-10 were not adopted; therefore there are no
changes to this section.
12VAC5-90-10. Definitions.
The following words and terms when used in this chapter shall
have the following meanings unless the context clearly indicates otherwise:
"Acute care hospital" means a hospital as defined
in § 32.1-123 of the Code of Virginia that provides medical treatment for
patients having an acute illness or injury or recovering from surgery.
"Adult" means a person 18 years of age or
more.
"Adult intensive care unit" means a nursing care
area that provides intensive observation, diagnosis, and therapeutic procedures
for persons 18 years of age or more who are critically ill. Such units may also
provide intensive care to pediatric patients. An intensive care unit excludes
nursing areas that provide step-down, intermediate care, or telemetry only.
"Affected area" means any part or the whole of the
Commonwealth, which has been identified as where persons reside, or may be
located, who are known to have been exposed to or infected with, or who are
reasonably suspected to have been exposed to or infected with, a communicable
disease of public health threat. "Affected area" shall include, but
not be limited to, cities, counties, towns, and subsections of such areas,
public and private property, buildings, and other structures.
"Arboviral infection" means a viral illness that is
transmitted by a mosquito, tick, or other arthropod. This includes, but is not
limited to, chikungunya, dengue, eastern equine encephalitis (EEE), LaCrosse
encephalitis (LAC), St. Louis encephalitis (SLE), and West Nile virus (WNV)
infection.
"Board" means the State Board of Health.
"Cancer" means all carcinomas, sarcomas, melanomas,
leukemias, and lymphomas excluding localized basal and squamous cell carcinomas
of the skin, except for lesions of the mucous membranes.
"Central line-associated bloodstream infection"
means a primary bloodstream infection identified by laboratory tests, with or
without clinical signs or symptoms, in a patient with a central line device,
and meeting the current Centers for Disease Control and Prevention (CDC)
surveillance definition for laboratory-confirmed primary bloodstream infection.
"Central line device" means a vascular infusion
device that terminates at or close to the heart or in one of the greater
vessels. The following are considered great vessels for the purpose of
reporting central line infections and counting central line days: aorta,
pulmonary artery, superior vena cava, inferior vena cava, brachiocephalic
veins, internal jugular veins, subclavian veins, external iliac veins, and
common femoral veins.
"Child care center" means a child day center, child
day program, family day home, family day system, or registered family day home
as defined by § 63.2-100 of the Code of Virginia, or a similar place providing
day care of children by such other name as may be applied.
"Clinic" means any facility, freestanding or associated
with a hospital, that provides preventive, diagnostic, therapeutic,
rehabilitative, or palliative care or services to outpatients.
"Clostridium difficile infection,
laboratory-identified event" means laboratory testing on unformed stool
that yields a positive result for Clostridium difficile toxin A or B or a
toxin-producing Clostridium difficile organism detected in the stool sample by
culture or other laboratory means, with duplicate reports on a patient ruled
out according to CDC definitions in the NHSN Patient Safety Component Manual,
MDRO and CDAD Module (June 2010).
"Commissioner" means the State Health Commissioner
or his duly designated officer or agent, unless stated in a provision of these
regulations that it applies to the State Health Commissioner in his sole
discretion.
"Communicable disease" means an illness due to an
infectious agent or its toxic products which is transmitted, directly or
indirectly, to a susceptible host from an infected person, animal, or arthropod
or through the agency of an intermediate host or a vector or through the
inanimate environment.
"Communicable disease of public health
significance" means an illness caused by a specific or suspected
infectious agent that may be transmitted directly or indirectly from one
individual to another. This includes but is not limited to infections caused by
human immunodeficiency viruses, bloodborne pathogens, and tubercle bacillus.
The State Health Commissioner may determine that diseases caused by other
pathogens constitute communicable diseases of public health significance.
"Communicable disease of public health threat"
means an illness of public health significance, as determined by the State
Health Commissioner in accordance with these regulations, caused by a specific
or suspected infectious agent that may be reasonably expected or is known to be
readily transmitted directly or indirectly from one individual to another and
has been found to create a risk of death or significant injury or impairment;
this definition shall not, however, be construed to include human
immunodeficiency viruses or the tubercle bacilli, unless used as a bioterrorism
weapon.
"Companion animal" means any domestic or feral dog,
domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised
for human food or fiber, exotic or native animal, reptile, exotic or native
bird, or any feral animal or any animal under the care, custody, or ownership
of a person or any animal that is bought, sold, traded, or bartered by any
person. Agricultural animals, game species, or any animals regulated under
federal law as research animals shall not be considered companion animals for
the purpose of this regulation.
"Condition" means any adverse health event, such as
a disease, an infection, a syndrome, or as indicated by a procedure (including
but not limited to the results of a physical exam, laboratory test, or imaging
interpretation) suggesting that an exposure of public health importance has
occurred.
"Contact" means a person or animal known to have
been in such association with an infected person or animal as to have had an
opportunity of acquiring the infection.
"Contact services" means a broad array of services
that are offered to persons with infectious diseases and their contacts.
Contact services include contact tracing, providing information about current
infections, developing risk reduction plans to reduce the chances of future
infections, and connecting to appropriate medical care and other services.
"Contact tracing" means the process by which an
infected person or health department employee notifies others that they may
have been exposed to the infected person in a manner known to transmit the
infectious agent in question.
"Decontamination" means the use of physical or
chemical means to remove, inactivate, or destroy hazardous substances or
organisms from a person, surface, or item to the point that such substances or
organisms are no longer capable of causing adverse health effects and the
surface or item is rendered safe for handling, use, or disposal.
"Department" means the State Department of Health.
"Designee" or "designated officer or
agent" means any person, or group of persons, designated by the State
Health Commissioner, to act on behalf of the commissioner or the board.
"Ehrlichiosis/anaplasmosis" means human infections
caused by Ehrlichia chaffeensis (formerly included in the category "human
monocytic ehrlichiosis" or "HME"), Ehrlichia ewingii or
Anaplasma phagocytophilum (formerly included in the category "human
granulocytic ehrlichiosis" or "HGE").
"Epidemic" means the occurrence in a community or
region of cases of an illness clearly in excess of normal expectancy.
"Essential needs" means basic human needs for
sustenance including but not limited to food, water, and health care, e.g.,
medications, therapies, testing, and durable medical equipment.
"Exceptional circumstances" means the presence, as
determined by the commissioner in his sole discretion, of one or more factors
that may affect the ability of the department to effectively control a
communicable disease of public health threat. Factors to be considered include
but are not limited to: (i) characteristics or suspected characteristics of the
disease-causing organism or suspected disease-causing organism such as
virulence, routes of transmission, minimum infectious dose, rapidity of disease
spread, the potential for extensive disease spread, and the existence and
availability of demonstrated effective treatment; (ii) known or suspected risk
factors for infection; (iii) the potential magnitude of the effect of the
disease on the health and welfare of the public; and (iv) the extent of
voluntary compliance with public health recommendations. The determination of
exceptional circumstances by the commissioner may take into account the
experience or results of investigation in Virginia, another state, or another
country.
"Foodborne outbreak" means two or more cases of a
similar illness acquired through the consumption of food contaminated with
chemicals or an infectious agent or its toxic products. Such illnesses include
but are not limited to heavy metal intoxication, staphylococcal food poisoning,
botulism, salmonellosis, shigellosis, Clostridium perfringens food poisoning,
hepatitis A, and Escherichia coli O157:H7 infection.
"Healthcare-associated infection" (also known as
nosocomial infection) means a localized or systemic condition resulting from an
adverse reaction to the presence of an infectious agent or agents or its toxin
or toxins that (i) occurs in a patient in a healthcare setting (e.g., a
hospital or outpatient clinic), (ii) was not found to be present or incubating
at the time of admission unless the infection was related to a previous
admission to the same setting, and (iii) if the setting is a hospital, meets
the criteria for a specific infection site as defined by CDC in the NHSN
Patient Safety Component Manual, Key Terms (June 2010).
"Healthcare-associated outbreak" means any
group of illnesses of common etiology occurring in patients of a healthcare
setting acquired by exposure of those patients to the disease agent while in
such a facility.
"Hepatitis C, acute" means the following clinical
characteristics are met: (i) discrete onset of symptoms indicative of viral
hepatitis and (ii) jaundice or elevated serum aminotransferase levels and the
following laboratory criteria are met: (a) serum alanine aminotransferase
levels (ALT) greater than 400 IU/L; (b) IgM anti-HAV negative (if done); (c)
IgM anti-HBc negative (if done); and (d) hepatitis C virus antibody (anti-HCV)
screening test positive with a signal-to-cutoff ratio predictive of a true
positive as determined for the particular assay as defined by CDC, HCV antibody
positive by immunoblot (RIBA), or HCV RNA positive by nucleic acid test.
"Hepatitis C, chronic" means that the laboratory
criteria specified in clauses (b), (c) and (d) listed above for an acute case
are met but clinical signs or symptoms of acute viral hepatitis are not present
and serum alanine aminotransferase (ALT) levels do not exceed 400 IU/L. This
category will include cases that may be acutely infected but not symptomatic.
"Immunization" means a procedure that increases the
protective response of an individual's immune system to specified pathogens.
"Independent pathology laboratory" means a
nonhospital or a hospital laboratory performing surgical pathology, including
fine needle aspiration biopsy and bone marrow specimen examination services,
which reports the results of such tests directly to physician offices, without
reporting to a hospital or accessioning the information into a hospital tumor
registry.
"Individual" means a person or companion animal.
When the context requires it, "person or persons" shall be deemed to
include any individual.
"Infection" means the entry and multiplication or
persistence of a disease-causing organism (prion, virus, bacteria, fungus,
parasite, or ectoparasite) in the body of an individual. An infection may be
inapparent (i.e., without recognizable signs or symptoms but identifiable by
laboratory means) or manifest (clinically apparent).
"Influenza A, novel virus" means infection of a
human with an influenza A virus subtype that is different from currently
circulating human influenza H1 and H3 viruses. Novel subtypes include H2, H5,
H7, and H9 subtypes or influenza H1 and H3 subtypes originating from a nonhuman
species.
"Invasive" means the organism is affecting a
normally sterile site, including but not limited to blood or cerebrospinal
fluid.
"Investigation" means an inquiry into the
incidence, prevalence, extent, source, mode of transmission, causation of, and
other information pertinent to a disease occurrence.
"Isolation" means the physical separation,
including confinement or restriction of movement, of an individual or
individuals who are infected with, or are reasonably suspected to be infected
with, a communicable disease in order to prevent or limit the transmission of
the communicable disease to uninfected and unexposed individuals.
"Isolation, complete" means the full-time
confinement or restriction of movement of an individual or individuals infected
with, or reasonably suspected to be infected with, a communicable disease in
order to prevent or limit the transmission of the communicable disease to
uninfected and unexposed individuals.
"Isolation, modified" means a selective, partial
limitation of freedom of movement or actions of an individual or individuals
infected with, or reasonably suspected to be infected with, a communicable
disease. Modified isolation is designed to meet particular situations and
includes but is not limited to the exclusion of children from school, the
prohibition or restriction from engaging in a particular occupation or using
public or mass transportation, or requirements for the use of devices or
procedures intended to limit disease transmission.
"Isolation, protective" means the physical
separation of a susceptible individual or individuals not infected with, or not
reasonably suspected to be infected with, a communicable disease from an
environment where transmission is occurring, or is reasonably suspected to be
occurring, in order to prevent the individual or individuals from acquiring the
communicable disease.
"Laboratory" as used herein means a clinical
laboratory that examines materials derived from the human body for the purpose
of providing information on the diagnosis, prevention, or treatment of disease.
"Laboratory director" means any person in charge of
supervising a laboratory conducting business in the Commonwealth of Virginia.
"Law-enforcement agency" means any sheriff's
office, police department, adult or youth correctional officer, or other agency
or department that employs persons who have law-enforcement authority that is
under the direction and control of the Commonwealth or any local governing body.
"Law-enforcement agency" shall include, by order of the Governor, the
Virginia National Guard.
"Lead, elevated blood levels" means a confirmed
blood level greater than or equal to 10 micrograms of lead per deciliter
(μg/dL) of whole blood in a child or children 15 years of age and younger,
a venous blood lead level greater than or equal to 25 μg/dL in a person
older than 15 years of age, or such lower blood lead level as may be
recommended for individual intervention by the department or the Centers for
Disease Control and Prevention.
"Least restrictive" means the minimal limitation of
the freedom of movement and communication of an individual while under an order
of isolation or an order of quarantine that also effectively protects unexposed
and susceptible individuals from disease transmission.
"Medical care facility" means any hospital or
nursing home licensed in the Commonwealth, or any hospital operated by or
contracted to operate by an entity of the United States government or the
Commonwealth of Virginia.
"Midwife" means any person who is licensed as a
nurse midwife by the Virginia Boards of Nursing and Medicine or who is licensed
by the Board of Medicine as a certified professional midwife.
"National Healthcare Safety Network (NHSN)" means a
surveillance system created by the CDC for accumulating, exchanging, and
integrating relevant information on infectious adverse events associated with
healthcare delivery.
"Nucleic acid detection" means laboratory testing
of a clinical specimen to determine the presence of deoxyribonucleic acid (DNA)
or ribonucleic acid (RNA) specific for an infectious agent using any method,
including hybridization, sequencing, or amplification such as polymerase chain
reaction.
"Nurse" means any person licensed as a professional
nurse or as a licensed practical nurse by the Virginia Board of Nursing.
"Occupational outbreak" means a cluster of illness
or disease that is indicative of a work-related exposure. Such conditions
include but are not limited to silicosis, asbestosis, byssinosis,
pneumoconiosis, and tuberculosis.
"Outbreak" means the occurrence of more cases of a
disease than expected.
"Period of communicability" means the time or times
during which the etiologic agent may be transferred directly or indirectly from
an infected person to another person, or from an infected animal to a person.
"Physician" means any person licensed to practice
medicine or osteopathy by the Virginia Board of Medicine.
"Quarantine" means the physical separation,
including confinement or restriction of movement, of an individual or
individuals who are present within an affected area or who are known to have
been exposed, or may reasonably be suspected to have been exposed, to a
communicable disease and who do not yet show signs or symptoms of infection
with the communicable disease in order to prevent or limit the transmission of
the communicable disease of public health threat to unexposed and uninfected
individuals.
"Quarantine, complete" means the full-time
confinement or restriction of movement of an individual or individuals who do
not have signs or symptoms of infection but may have been exposed, or may
reasonably be suspected to have been exposed, to a communicable disease of
public health threat in order to prevent the transmission of the communicable
disease of public health threat to uninfected individuals.
"Quarantine, modified" means a selective, partial
limitation of freedom of movement or actions of an individual or individuals
who do not have signs or symptoms of the infection but have been exposed to, or
are reasonably suspected to have been exposed to, a communicable disease of
public health threat. Modified quarantine may be designed to meet particular situations
and includes but is not limited to limiting movement to the home, work, and/or
one or more other locations, the prohibition or restriction from using public
or mass transportation, or requirements for the use of devices or procedures
intended to limit disease transmission.
"Reportable disease" means an illness due to a
specific toxic substance, occupational exposure, or infectious agent, which
affects a susceptible individual, either directly, as from an infected animal
or person, or indirectly through an intermediate host, vector, or the
environment, as determined by the board.
"SARS" means severe acute respiratory syndrome
(SARS)-associated coronavirus (SARS-CoV) disease.
"School" means (i) any public school from
kindergarten through grade 12 operated under the authority of any locality
within the Commonwealth; (ii) any private or parochial school that offers
instruction at any level or grade from kindergarten through grade 12; (iii) any
private or parochial nursery school or preschool, or any private or parochial
child care center licensed by the Commonwealth; and (iv) any preschool handicap
classes or Head Start classes.
"Serology" means the testing of blood, serum, or
other body fluids for the presence of antibodies or other markers of an infection
or disease process.
"Surgical Care Improvement Project (SCIP)"
means a national quality initiative supported by The Joint Commission, the
Centers for Medicare and Medicaid Services, and other partners in healthcare
that is designed to improve surgical care in hospitals.
"Surveillance" means the ongoing systematic
collection, analysis, and interpretation of outcome-specific data for use in
the planning, implementation, and evaluation of public health practice. A
surveillance system includes the functional capacity for data analysis as well
as the timely dissemination of these data to persons who can undertake
effective prevention and control activities.
"Susceptible individual" means a person or animal
who is vulnerable to or potentially able to contract a disease or condition.
Factors that affect an individual's susceptibility include but are not limited
to physical characteristics, genetics, previous or chronic exposures, chronic
conditions or infections, immunization history, or use of medications.
"Toxic substance" means any substance, including
any raw materials, intermediate products, catalysts, final products, or
by-products of any manufacturing operation conducted in a commercial
establishment, that has the capacity, through its physical, chemical or
biological properties, to pose a substantial risk of death or impairment either
immediately or over time, to the normal functions of humans, aquatic organisms,
or any other animal but not including any pharmaceutical preparation which
deliberately or inadvertently is consumed in such a way as to result in a drug
overdose.
"Tubercle bacilli" means disease-causing organisms
belonging to the Mycobacterium tuberculosis complex and includes Mycobacterium
tuberculosis, Mycobacterium bovis, and Mycobacterium africanum or other members
as may be established by the commissioner.
"Tuberculin skin test (TST)" means a test for
demonstrating infection with tubercle bacilli, performed according to the
Mantoux method, in which 0.1 ml of 5 TU strength tuberculin purified protein
derivative (PPD) is injected intradermally on the volar surface of the arm. Any
reaction is observed 48-72 hours after placement and palpable induration is
measured across the diameter transverse to the long axis of the arm. The
measurement of the indurated area is recorded in millimeters and the
significance of the measured induration is based on existing national and
department guidelines.
"Tuberculosis" means a disease caused by tubercle
bacilli.
"Tuberculosis, active disease" (also "active
tuberculosis disease" and "active TB disease"), as defined by
§ 32.1-49.1 of the Code of Virginia, means a disease caused by an airborne
microorganism and characterized by the presence of either (i) a specimen of
sputum or other bodily fluid or tissue that has been found to contain tubercle
bacilli as evidenced by culture or nucleic acid amplification, including
preliminary identification by rapid methodologies; (ii) a specimen of sputum or
other bodily fluid or tissue that is suspected to contain tubercle bacilli as
evidenced by smear, and where sufficient clinical and radiographic evidence of
active tuberculosis disease is present as determined by a physician licensed to
practice medicine in Virginia; or (iii) sufficient clinical and radiographic evidence
of active tuberculosis disease as determined by the commissioner is present,
but a specimen of sputum or other bodily fluid or tissue containing, or
suspected of containing, tubercle bacilli is unobtainable.
"Tuberculosis infection in children age less than 4
years" means a significant reaction resulting from a tuberculin skin test
(TST) or other approved test for latent infection without clinical or
radiographic evidence of active tuberculosis disease, in children from birth up
to their fourth birthday.
"Vaccinia, disease or adverse event" means vaccinia
infection or serious or unexpected events in persons who received the smallpox
vaccine or their contacts, including but not limited to bacterial infections,
eczema vaccinatum, erythema multiforme, generalized vaccinia, progressive
vaccinia, inadvertent inoculation, post-vaccinial encephalopathy or
encephalomyelitis, ocular vaccinia, and fetal vaccinia.
"Waterborne outbreak" means two or more cases of a
similar illness acquired through the ingestion of or other exposure to water
contaminated with chemicals or an infectious agent or its toxic products. Such
illnesses include but are not limited to giardiasis, viral gastroenteritis,
cryptosporidiosis, hepatitis A, cholera, and shigellosis. A single case of
laboratory-confirmed primary amebic meningoencephalitis or of waterborne
chemical poisoning is considered an outbreak.
Part XIII
Report Reporting of Healthcare-Associated Infections
12VAC5-90-370. Reporting of healthcare-associated infections.
A. Reportable infections and method and timing of
reporting. 1. Acute care hospitals shall collect enter data on
the following healthcare-associated infection infections in the
specified patient population: into CDC's National Healthcare Safety Network
according to CDC protocols in the NHSN Patient Safety Component Manual Modules:
Identifying HAIs (November 2009), Device-associated Module CLABSI Events (June
2010), MDRO and CDAD Module (June 2010), and CDC Locations and Descriptions
(July 2010). Acute care hospitals shall ensure that accurate and complete data
are entered at least quarterly within one month of the close of the calendar
year quarter and shall authorize the department to have access to
hospital-specific data contained in the NHSN database.
central 1. Central line-associated bloodstream
infections in adult intensive care units, including the number of central-line
days in each population at risk, expressed per 1,000 catheter-days.
2. Central line-associated bloodstream infections
outside intensive care, including in one adult inpatient medical ward and one
adult inpatient surgical ward. Wards selected should be those with the longest
length of stay during the previous calendar year, excluding cardiology,
obstetrics, psychiatry, hospice, and step-down units. Data shall include the
number of central-line days in each population at risk.
3. Clostridium difficile infection,
laboratory-identified events on inpatient units, with the exceptions
recommended by CDC protocol in the NHSN Patient Safety Component Manual, MDRO
and CDAD Module (June 2010). Data shall be collected year-round at the overall
facility-wide level. Data shall include patient days.
2. All acute care hospitals with adult intensive care units
shall (i) participate in CDC's National Healthcare Safety Network by July 1,
2008, (ii) submit data on the above named infection to the NHSN according to
CDC protocols and ensure that all data from July 1, 2008, to December 31, 2008,
are entered into the NHSN by January 31, 2009, and (iii) ensure accurate and
complete data are available quarterly thereafter according to a schedule
established by the department.
3. All acute care hospitals reporting the information noted
above shall authorize the department to have access to hospital-specific data
contained in the NHSN database.
B. Reportable process measures. Acute care hospitals
shall report to the department quarterly, within one month of the close of the
calendar year quarter, aggregate counts of the Surgical Care Improvement
Project (SCIP) Core Measures pertaining to the following surgical procedures:
hip arthroplasty, knee arthroplasty, and coronary artery bypass graft. Data
shall be collected in accordance with the Specification Manual for National
Hospital Inpatient Quality Measures (Version 3.3) and shall include counts of
the patient population and the applicable SCIP measures for each of the above
designated surgical procedures. Reports shall be submitted to the department’s
Division of Surveillance and Investigation. [ Data reported
Facilities that report data ] into the Centers for Disease Control
and Prevention's National Healthcare Safety Network (NHSN) for the Centers for
Medicare and Medicaid Services Hospital Inpatient Quality Reporting Program
shall [ be shared share the data ],
through the NHSN, with the department.
B. Liability protection and data release. Any person making
such report as authorized herein shall be immune from liability as provided by
§ 32.1-38 of the Code of Virginia. Infection rate data may be released to the
public by the department upon request. Data shall be aggregated to ensure that
no individual patient may be identified.
VA.R. Doc. No. R10-2109; Filed August 3, 2015, 1:45 p.m.
TITLE 12. HEALTH
STATE BOARD OF HEALTH
Notice of Extension of Emergency Regulation
Title of Regulation: 12VAC5-610. Sewage Handling and
Disposal Regulations (amending 12VAC5-610-30, 12VAC5-610-920
through 12VAC5-610-950; adding 12VAC5-610-955).
Statutory Authority: §§ 32.1-12 and 32.1-164 of the Code of Virginia.
Expiration Date Extended Through: March 13, 2016.
The Governor has approved the State Board of Health's request
to extend the expiration date of the above-referenced emergency regulation for
six months as provided for in § 2.2-4011 D of the Code of Virginia. Therefore, the emergency
regulation will continue in effect through March 14, 2016. The emergency
regulation was published in 30:11 VA.R. 1576-1584 January 27, 2014.
Agency Contact: Allen Knapp, Director, Office of
Environmental Health Services, Department of Health, 109 Governor Street,
Richmond, VA 23219, telephone (804) 864-7458, FAX (804) 864-7475, or email
allen.knapp@vdh.virginia.gov.
VA.R. Doc. No. R14-3665; Filed August 3, 2015, 9:22 a.m.
TITLE 12. HEALTH
STATE BOARD OF HEALTH
Proposed Regulation
Title of Regulation: 12VAC5-610. Sewage Handling and
Disposal Regulations (amending 12VAC5-610-30, 12VAC5-610-920
through 12VAC5-610-950; adding 12VAC5-610-955).
Statutory Authority: §§ 32.1-12, 32.1-164, and
32.1-164.9 of the Code of Virginia.
Public Hearing Information: No public hearings are
scheduled.
Public Comment Deadline: October 26, 2015.
Agency Contact: Dwayne Roadcap, Director, Division of
Onsite Sewage and Water, Department of Health, 109 Governor Street, Richmond,
VA 23219, telephone (804) 864-7458, FAX (804) 864-7475, or email
dwayne.roadcap@vdh.virginia.gov.
Basis: Section 32.1-164.9 of the Code of Virginia
mandates the Board of Health to promulgate regulations for physical
construction, design, and installation of chamber and bundled expanded
polystyrene systems. Additionally, the board is authorized pursuant to §
32.1-12 of the Code of Virginia to promulgate and enforce regulations. Section
32.1-164 of the Code of Virginia authorizes the board to promulgate regulations
governing the collection, conveyance, transportation, treatment, and disposal
of sewage by onsite sewage systems to protect public health, surface water, and
groundwater.
Purpose: The need for the proposed regulation is to
implement § 32.1-164.9 of the Code of Virginia and incorporate
requirements for gravelless material and drip dispersal. The amendments include
construction, design, and installation requirements for gravelless material and
drip dispersal systems. Since 2002, the Virginia Department of Health (VDH) has
recognized, through policies, that gravelless material is an acceptable means
of dispersing effluent. VDH has recognized, through policies, that drip
dispersal is an acceptable means of transmitting effluent. The goal of the
proposed regulation is to permanently add the construction, design, and
installation standards for gravelless material and drip dispersal. The
regulations are essential in order to comply with the provisions of the Code of
Virginia and protect the health, welfare, and safety of the public.
Substance: The amendments establish construction,
design, and installation requirements for gravelless material and drip
dispersal systems, as follows:
1. Specifications for the physical construction of gravelless
material including minimum exterior width, height, effluent storage capacity,
and structural capacity;
2. Requirements for a permeable interface between gravelless
material and trench sidewall soil surfaces for the absorption of effluent;
3. Criteria for the allowable slope, maximum length, minimum
sidewall depth, and minimum lateral separation of gravelless material
absorption trenches;
4. Criteria for determining the minimum absorption area
required when utilizing gravelless material;
5. Criteria for the substitution of gravelless material in
place of gravel for gravity percolation lines and low pressure distribution
systems;
6. Specifications for the physical construction of drip
dispersal system components;
7. Minimum requirements for the design of drip dispersal
systems; and
8. Minimum installation requirements for drip dispersal
systems.
Minor clarifying changes to the proposed amendments from the
emergency regulation, published in 30:11 VA.R. 1576 January 27, 2014, are made,
including the following: (i) the term "soil gravel or sand interface"
used in 12VAC5-610-920 and 12VAC5-610-950 A is modified to ensure inclusion of
gravelless material and drip dispersal, and (ii) the proposed regulation establishes
minimum physical construction, design, and installation requirements for
gravelless material and drip dispersal.
Issues: The proposed regulation poses no disadvantage to
the public or the Commonwealth. The proposed revisions permanently incorporate
the emergency regulations for gravelless material and drip dispersal. The
proposed regulations provide a benefit to the public by providing a clear
regulation for use of gravelless material and drip dispersal.
Department of Planning and Budget's Economic Impact Analysis:
Summary of the Proposed Amendments to Regulation.
Pursuant to Chapter 202 of the 2013 Acts of Assembly, the Board
of Health (Board) proposes to incorporate requirements for the use of
gravelless material1 and drip dispersal2 in onsite sewage
systems in this regulation. The legislation specifies that the regulations
shall include the following requirements:
i) Specifications for the physical construction of chamber and
bundled expanded polystyrene effluent distribution systems including minimum
exterior width, height, effluent storage capacity, and structural capacity;
ii) Requirements for a permeable interface between chamber and
bundled expanded polystyrene effluent distribution systems and trench sidewall
soil surfaces for the absorption of wastewater;
iii) Criteria for the allowable slope, maximum length, minimum
sidewall depth, and minimum lateral separation of chamber and bundled expanded
polystyrene effluent distribution system absorption trenches;
iv) Criteria for substituting chamber and bundled expanded
polystyrene effluent distribution systems for gravity percolation trenches and
gravel and crushed stone low pressure systems;
v) Criteria for determining the minimum area requirements
for chamber and bundled expanded polystyrene effluent distribution system
absorption trenches; and
vi) Such other requirements pertaining to the promulgation
of chamber and bundled expanded polystyrene effluent distribution system
regulations for onsite sewage systems as may be deemed necessary by the Board.
The Board's proposed regulatory amendments include these
requirements and criteria.
Result of Analysis. The benefits likely exceed the costs for
all proposed changes.
Estimated Economic Impact. Since 2002, the Virginia Department
of Health (VDH) has approved through policies gravelless material as an
acceptable means of dispersing effluent. VDH has also approved through policies
drip dispersal as an acceptable means of transmitting effluent. The Board's
proposed requirements, specifications, and criteria are similar to those set by
VDH in practice; although there are some differences. Placing the requirements,
specifications, and criteria in regulation will be beneficial in that it will
increase clarity for the public.
In practice VDH has required a $100,000 letter of credit and a
5-year limited warranty from manufacturers for approval of use of their
gravelless (i.e., plastic) systems. VDH believes that the 5-year limited
warranty has not been a binding constraint. In other words, it is consistent
with what the manufacturers offer anyway. In the 15 plus years that this
program has existed, there have been no instances where there has been a need
to access any of these letters of credit to pay for failed manufactured
product.
Under the proposed regulations, neither the letter of credit
nor the warranty will be required. There are currently five manufacturers who
have approved gravelless systems, and consequently each hold a $100,000 letter
of credit. Manufacturers will save the cost of maintaining the letter of
credit, approximately $3,250 per year per firm, under the proposed regulations.
In practice VDH has allowed up to 50% reduction in drainage
field while using gravelless system, but required an informed consent form
signed by homeowner. Under the proposed regulation the drainage field can be
reduced by at most 25%, but no signature from the homeowner is required.
Businesses and Entities Affected. The proposed amendments may
affect applicants for onsite sewage system construction permits and businesses
providing services related to onsite sewage systems; onsite soil evaluators,
professional engineers, onsite sewage system installers, and product
manufacturers. Applicants and service providers are only affected when
gravelless material or drip dispersal components are selected.
In calendar year 2013, VDH processed approximately 13,000
applications. The agency estimates that there are approximately 400 licensed
individuals providing site evaluation and design services for onsite sewage
systems. Additionally, there are approximately 215 individuals licensed to
install onsite sewage systems. The vast majority of these service providers are
small businesses. There are also 5 potentially affected manufacturers.
Localities Particularly Affected. The proposed amendment does
not disproportionately affect particular localities.
Projected Impact on Employment. The proposed amendments are
unlikely to significantly affect employment.
Effects on the Use and Value of Private Property. The proposed elimination
of the letter of credit requirement will save manufacturers approximately
$3,250 per year.
Small Businesses: Costs and Other Effects. The proposed
elimination of the letter of credit requirement will reduce costs for small
manufacturers of products used to disperse effluent within the absorption
trench of an onsite sewage system without the use of gravel.
Small Businesses: Alternative Method that Minimizes Adverse
Impact. The proposed amendments will not adversely affect small businesses.
Real Estate Development Costs. The proposed amendments are
unlikely to significantly affect real estate development costs.
Legal Mandate.
General: The Department of Planning and Budget (DPB) has
analyzed the economic impact of this proposed regulation in accordance with
§ 2.2-4007.04 of the Code of Virginia and Executive Order Number 17
(2014). Section 2.2-4007.04 requires that such economic impact analyses
determine the public benefits and costs of the proposed amendments. Further the
report should include but not be limited to:
• the projected number of businesses or other entities to
whom the proposed regulatory action would apply,
• the identity of any localities and types of businesses
or other entities particularly affected,
• the projected number of persons and employment positions
to be affected,
• the projected costs to affected businesses or entities
to implement or comply with the regulation, and
• the impact on the use and value of private property.
Small Businesses: If the proposed regulatory action will have
an adverse effect on small businesses, § 2.2-4007.04 requires that such
economic impact analyses include:
• an identification and estimate of the number of small
businesses subject to the proposed regulation,
• the projected reporting, recordkeeping, and other
administrative costs required for small businesses to comply with the proposed
regulation, including the type of professional skills necessary for preparing
required reports and other documents,
• a statement of the probable effect of the proposed
regulation on affected small businesses, and
• a description of any less intrusive or less costly
alternative methods of achieving the purpose of the proposed regulation.
Additionally, pursuant to § 2.2-4007.1, if there is a
finding that a proposed regulation may have an adverse impact on small
business, the Joint Commission on Administrative Rules is notified at the time
the proposed regulation is submitted to the Virginia Register of Regulations
for publication. This analysis shall represent DPB's best estimate for the
purposes of public review and comment on the proposed regulation.
_________________________________________________
1Gravelless Material means a proprietary product
specifically manufactured to disperse effluent within the absorption trench of
an onsite sewage system without the use of gravel. Gravelless material may
include chamber, bundled expanded polystyrene, and multi-pipe systems.
2Drip Dispersal means an onsite sewage system that
applies wastewater in an even and controlled manner over an absorption area.
Drip dispersal components may include treatment components, a flow equalization
pump tank, a filtration system, a flow measurement method, supply and return
piping, small diameter pipe with emitters, air/vacuum release valves,
redistribution controls, and electromechanical components or controls.
Agency's Response to Economic Impact Analysis: The
Virginia Department of Health concurs with the Department of Planning and
Budget's economic impact analysis. The benefits of the regulations likely
exceed the costs for all of the proposed changes.
Summary:
The amendments permanently incorporate the requirements for
gravelless material and drip dispersal established by emergency regulation
(30:11 VA.R. 1576 January 27, 2014) pursuant to Chapter 202 of the 2013 Acts of
Assembly, which required the State Board of Health to promulgate regulations
for chamber and bundled expanded polystyrene effluent systems. The board may
promulgate regulations for other distribution technologies. The Sewage Handling
and Disposal Regulations (12VAC5-610) contain construction, design, and
installation requirements for gravel and pipe effluent absorption trench, low
pressure distribution, elevated sand mound, and sand-on-sand systems. The
amendments establish construction, design, and installation requirements for
gravelless material and drip dispersal systems, as follows:
1. Specifications for the physical construction of
gravelless material including minimum exterior width, height, effluent storage
capacity, and structural capacity;
2. Requirements for a permeable interface between
gravelless material and trench sidewall soil surfaces for the absorption of
wastewater;
3. Criteria for the allowable slope, maximum length, minimum
sidewall depth, and minimum lateral separation of gravelless material
absorption trenches;
4. Criteria for determining the minimum absorption area
required when utilizing gravelless material;
5. Criteria for the substitution of gravelless material in
place of gravel for gravity percolation lines and low pressure distribution
systems;
6. Specifications for the physical construction of drip
dispersal system components;
7. Minimum requirements for the design of drip dispersal
systems; and
8. Minimum installation requirements for drip dispersal
systems.
Minor revisions for clarification, based on public comment,
were made to the emergency regulation for the proposed amendments. In
12VAC5-610-955 B 6 a requirement that the system design protect from siphoning or
backflow was added. In 12VAC5-610-995 C 3, general parameters for loading rates
for sloping absorption areas were made specific requirements.
12VAC5-610-30. Relationship to Virginia Joint Sewerage
Regulations other regulations.
This chapter is supplemental to the current Virginia
Sewerage Regulations, or their successor, which were adopted jointly by the
State Board of Health and the Department of Environmental Quality pursuant to §
62.1-44.19 of the Code of Virginia. This chapter addresses the handling and
disposal of sewage not regulated by a Virginia Pollutant Discharge Elimination
System (VPDES) Permit.
A. This chapter addresses the handling and disposal of
those portions of sewage flows not regulated by a Virginia Pollutant Discharge
Elimination System (VPDES) Permit or a Virginia Pollutant Abatement (VPA)
Permit issued in accordance with 9VAC25-31 or 9VAC25-32, respectively.
B. Reclamation and reuse of sewage may be subject to
permitting by the Department of Environmental Quality under 9VAC25-740.
12VAC5-610-920. Distribution methods.
The term distribution methods refers to the piping, flow
splitting devices, gravel, and other appurtenances beginning at the point of
flow splitting and ending at the soil-gravel or sand interface application
of effluent to the soil absorption area. Two basic methods are considered:
A. Gravity; and
B. Pressure.
12VAC5-610-930. Gravity distribution.
Gravity distribution is the conveyance of effluent from a
distribution box through the percolation lines at less than full flow
conditions. Flow to the initial distribution box may be initiated by pump,
siphon or gravity.
A. Enhanced flow distribution. Enhanced flow distribution is
the initiation of the effluent flow to the distribution box by pump or siphon
for the purpose of assuring more uniform flow splitting to the percolation
lines. Enhanced flow distribution shall be provided on systems where the flow
is split more than 12 times or the system contains more than 1200 linear feet
of percolation lines. For the purpose of this chapter, enhanced flow
distribution is considered to produce unsaturated soil conditions.
B. System size. Distribution systems containing 1800 or more
linear feet of percolation piping shall be split into multiple systems
containing a maximum of 1200 linear feet of percolation piping per system.
C. Distribution boxes. The distribution box is a device for
splitting flow equally by gravity to points in the system. Improperly installed
distribution boxes are a cause for absorption field malfunction.
1. Materials. The preferred material for use in constructing
distribution boxes is concrete (3000 psi). Other materials may be considered on
a case-by-case basis. All materials must be resistant to both chemical and
electrolytic corrosion and must have sufficient structural strength to contain
sewage and resist lateral compressive and bearing loads.
2. Design. Each distribution box shall be designed to split
the influent flow equally among the multiple effluent ports. All effluent ports
shall be at the same elevation and be of the same diameter. The elevation of
the effluent ports shall be at a lower elevation than the influent port. The
placement of the influent ports shall be such as to prevent short circuiting
unless baffling is provided to prevent short circuiting. The minimum inside
width of a gravity flow distribution box shall be equal to or greater than 12
inches. The inside bottom shall be at least four inches below the invert of the
effluent ports and at least five inches below the invert of the influent port.
A minimum of eight inches freeboard above the invert of the effluent piping
shall be provided. The distribution box shall be fitted with a watertight,
removable lid for access.
3. Installation. The hole for placement of the distribution
box shall be excavated to undisturbed soil. The distribution box shall be
placed in the excavation and stabilized. The preferred method of stabilizing
the distribution box is to bond the distribution box to a four inch poured in
place Portland cement concrete pad with dimensions six inches greater than the
length and width dimensions of the distribution box. The box shall be
permanently leveled and checked by water testing. Conduits passing through the
walls of a distribution box shall be provided with a water stop.
D. Lead or header lines. Header or lead lines are watertight,
semirigid or rigid lines that convey effluent from a distribution box to
another box or to the percolation piping.
1. Size. The lead or header lines shall have an internal
diameter of four inches.
2. Slope. Minimum slope shall be two inches per 100 feet.
3. Materials. The lead or header lines shall have a minimum
crush strength of 1500 pounds per foot and may be constructed of cast iron,
plastic, vitrified clay or other material resistant to the corrosive action of
sewage.
4. Appurtenances.
a. Joints. Lead or header lines shall have joints of the
compressions type with the exception of plastic lead or header lines which may
be welded sleeve, chemically fused or clamped (noncorrosive) flexible sleeve.
b. Adapters. Joining of lead or header lines of different size
and/or material shall be accomplished by use of a manufactured adapter
specifically designed for the purpose.
c. Valves. Valves shall be constructed of materials resistant
to the corrosive action of sewage. Valves placed below ground level shall be
provided with a valve box and a suitable valve stem so that it may be operated
from the ground surface.
5. Construction.
a. Bedding. All lead or header lines shall be bedded to supply
uniform support and maintain grade and alignment along the length of the lead
or header lines. Special care shall be taken when using semirigid pipe.
b. Backfilling and tamping. Lead and header lines shall be
backfilled and tamped as soon as possible after the installation of the lead or
header lines has been approved. Material for backfilling shall be free of large
stones and debris.
6. Termination. Header or lead lines shall extend for a
minimum distance of two feet into the absorption trenches.
E. Gravity percolation lines. Gravity percolation lines are
perforated or open joint pipes that are utilized to distribute the effluent
along the length of the absorption trenches.
1. Size. All gravity percolation lines shall have an internal
diameter of four inches.
2. Slope. The slope of the lines shall be uniform and shall
not be less than two inches or more than four inches per 100 feet.
3. Design. Effluent shall be split by the distribution system
so that all gravity percolation lines installed shall receive an equal volume
of the total design effluent load per square foot of trench, i.e., the fraction
of the flow received by each percolation line divided by the length of the gravity
percolation lines shall be equal for all gravity percolation lines in a system.
4. Length. No individual gravity percolation line shall exceed
100 feet in length.
5. Materials.
a. Clay. Clay tile shall be extra-strength and meet current
ASTM standards for clay tile.
b. Perforated plastic drainage tubing. Perforated plastic
drainage tubing shall meet ASTM standards. At not greater than 10 feet
intervals the pipe shall be plainly marked, embossed or engraved thereby
showing the manufacturer's name or hallmark and showing that the product meets
a bearing load of 1,000 lb. per foot. In addition, a painted or other clearly
marked line or spot shall be marked at not greater than 10 feet intervals to
denote the top of the pipe.
The tubing shall have three holes, 1/2 to 3/4 inch in diameter
evenly spaced and placed within an arc of 130 degrees, the center hole being
directly opposite the top marking.
Spacing of each set of three holes shall be at four inch
intervals along the tube. If there is any break in the continuity of the
tubing, an appropriate connection shall be used to join the tubing.
6. Installation
a. Crushed stone or gravel. Clean gravel or crushed stone
having a size range from 1/2 inch to 1-1/2 inches shall be utilized to bed the
gravity percolation lines.
Minimum depth of gravel or crushed stone beneath the
percolation lines shall be six inches. Clean course silica sand (does not
effervesce in presence of dilute hydrochloric acid) may be substituted for the
first two inches (soil interface) of the require required six
inches of gravel beneath the percolation lines. The absorption trench shall be
backfilled to a depth of two inches over the gravity percolation lines with the
same gravel or crushed stone. Clean sand, gravel or crushed stone shall be free
of fines, clay and organic materials.
b. Grade boards and/or stakes. Grade boards and/or stakes
placed in the bottom or sidewalls of the absorption trench shall be utilized to
maintain the grade on the gravel for placement of the gravity percolation
lines. Grade stakes shall not be placed on centers greater than 10 feet.
c. Placement and alignment. Perforated gravity percolation
piping shall be placed so that the center hole is in the horizontal plane and
interfaces with the minimum six inches of graded gravel. When open joint piping
is utilized the upper half of the top of the 1/4-inch open space shall be
covered with tar paper or building paper to block the entrance of fines into
the pipe during the backfilling operation. All gravity percolating piping shall
be placed in the horizontal center of the absorption trench and shall maintain
a straight alignment and uniform grade.
d. Backfilling. After the placement of the gravity percolation
piping the absorption trench shall be backfilled evenly with crushed stone or
gravel to a depth of two inches over the piping. Untreated building paper,
or other suitable material shall be placed at the interface of the gravel and
soil to prevent migration of fines to the trench bottom. The remainder of the trench
shall be backfilled with soil to the ground surface.
F. Gravelless material is a proprietary product
specifically manufactured to disperse effluent within the absorption trench of
an onsite sewage system without the use of gravel. Gravelless material may
include chamber, bundled expanded polystyrene, and multi-pipe systems. The
division shall maintain a list of all generally approved gravelless material.
Gravelless material on the generally approved list may be used in accordance
with Table 5.4 of 12VAC5-610-950.
1. Gravelless material that received general approval as of
December 12, 2013, shall retain such status when used in accordance with the
requirements of this chapter. After December 12, 2013, the division shall
review and evaluate new applications for general approval pursuant to the
requirements of this chapter.
a. Any manufacturer of gravelless material may submit an
application for general approval to the division using a form provided by the
division. A complete application shall include the manufacturer's contact
information, product specifications, product approvals in other states or
territories, installation manual, and other information deemed necessary by the
division to determine compliance with this chapter.
b. The manufacturer of gravelless material shall identify
in the application for general approval any recommendation that deviates from
the requirements of this chapter. If the recommendation is approved by the
division, then the manufacturer shall include the deviation in the gravelless
material's installation manual.
2. Gravelless material shall have the following minimum
characteristics for general approval:
a. The minimum exterior width shall be at least 90% of the
total width of the absorption trench. The exterior width of a chamber system
shall be measured at the edge or outer limit of the product's contact with the
trench bottom unless the division determines a different measurement is
required based on the gravelless material's design. The exterior width of
bundled expanded polystyrene and multi-pipe systems shall be measured using the
outside diameter of the bundled gravelless material unless the division
determines a different measurement is required based on the gravelless
material's design. The division shall establish the exterior width of any
gravelless material that is not considered a chamber, bundled expanded
polystyrene, or multi-pipe system.
b. Gravelless material shall have a minimum height of eight
inches to provide a continuous exchange of air through a permeable interface.
c. Gravelless material shall have a permeable interface
that shall be located along the trench bottom and trench sidewalls within the
absorption trench.
d. Gravelless material shall provide a minimum storage
capacity of 1.3 gallons per square foot of trench bottom area.
e. Gravelless material shall pose no greater risk to
surface water and groundwater quality than gravel in absorption trenches.
Gravelless material shall be constructed to maintain structural integrity such
that it does not decay or corrode when exposed to effluent.
f. Gravelless material shall have a minimum load rating of
H-10 or H-20 from the American Association of State Highway and Transportation
Officials or equivalent when installed in accordance with the manufacturer's
specifications and minimum specified depth of cover in non-traffic or traffic
areas, respectively.
3. For designs using gravelless material, the absorption
trenches shall receive an equal volume of effluent per square foot of trench.
Trench bottom area shall be equal to or greater than the minimum area
requirements contained in Table 5.4 of 12VAC5-610-950. Trench sidewall shall
not be included when determining minimum area requirements. When open-bottom
gravelless material is utilized, it shall provide a splash plate at the inlet
of the trench or other suitable method approved by the manufacturer to reduce
effluent velocity.
4. Installation of gravelless material shall comply with
this chapter unless the department grants a deviation pursuant to
12VAC5-610-660 or the division has granted a deviation identified in the
installation manual.
5. Gravelless material shall contain a pressure percolation
line along the entire length of the trench when low pressure distribution is
utilized pursuant to 12VAC5-610-940 D.
6. When pumping effluent to overcome gravity, any
open-bottom gravelless material shall provide a high-flow splash plate at the
inlet of the trench or other suitable method approved by the manufacturer to
reduce effluent velocity.
7. When enhanced flow distribution is used, open-bottom
gravelless material shall contain a percolation pipe that extends a minimum of
10 feet from the trench's intersection with the header line. The percolation
pipe shall be installed in accordance with the manufacturer's approved
installation manual. The dosing volume shall be a minimum 39 gallons per 100
linear feet of absorption trench.
8. Gravelless material may be substituted for gravel in
accordance with this chapter, provided that the certifying licensed
professional engineer or onsite soil evaluator approves the substitution. The
certifying licensed professional engineer or onsite soil evaluator shall
identify the substitution on the inspection report submitted in accordance with
12VAC5-610-330. A new construction permit pursuant to 12VAC5-610-310 is not
required for the substitution.
12VAC5-610-940. Low pressure distribution.
Low pressure distribution is the conveyance of effluent
through the pressure percolation lines at full flow conditions into the
absorption area with the prime motive force being a pump or siphon. Low
pressure systems are limited to a working pressure of from one to four feet of
head at the distal end of the pressure percolation lines. For the purpose of
this chapter low pressure distribution is considered to provide unsaturated
soil conditions.
A. Dosing cycle. Systems shall be designed so that the
effluent volume applied to the absorption area per dosing cycle is from seven
to 10 times the volume of the distribution piping, however, the volume per
dosing cycle should not result in a liquid depth in the absorption trench
greater than two inches.
B. Manifold lines. Manifold lines are watertight lines that
convey effluent from the initial point of flow splitting to the pressure
percolation lines.
1. Size. The manifold line shall be sized to provide a minimum
velocity of two feet per second and a maximum velocity of eight feet per
second.
2. Materials. All pipe used for manifolds shall be of the
pressure type with pressure type joints.
3. Bedding. All manifolds shall be bedded to supply uniform
support along its length.
4. Backfilling and tamping. Manifold trenches shall be
backfilled and tamped as soon as possible after the installation of the
manifold has been approved. Material for backfilling shall be free of large
stones and debris.
5. Valves. Valves for throttling and check valves to prevent
backflow are required wherever necessary. Each valve shall be supplied with a
valve box terminating at the surface.
C. Pressure percolation lines. Pressure percolation lines are
perforated pipes utilized to distribute the flow evenly along the length of the
absorption trench.
1. Size. Pressure percolation lines should normally have a
1-1/4 inch inside diameter.
2. Hole size. Normal hole size shall be 3/16 inch to 1/4 inch.
3. Hole placement. Center to center hole separation shall be
between three and five feet.
4. Line length. Maximum line length from manifold should not
exceed 50 feet.
5. Percent flow variation. Actual line size, hole size and
hole separation shall be determined on a case-by-case basis based on a maximum
flow variation of 10% along the length of the pressure percolation lines.
6. Materials and construction. The preferred material is
plastic, either PVC or ABS, designed for pressure service. The lines shall have
burr free and counter sunk holes (where possible) placed in a straight line
along the longitudinal axis of the pipe. Joining of pipes shall be accomplished
with manufactured pressure type joints.
7. Installation.
a. Crushed stone or gravel. Clean gravel or crushed stone
having a size range from 1/2 inch to 3/4 inch shall be utilized to bed the
pressure percolation lines. Minimum depth of gravel or crushed stone beneath
the percolation lines shall be 8-1/2 inches. Clean course silica sand (does not
effervesce in the presence of dilute hydrochloric acid) may be substituted for
the first two inches (soil interface) of the required 8-1/2 inches of gravel
beneath the pressure percolation lines. The absorption trench shall be
backfilled to a depth of two inches over the pressure percolation lines with
the same gravel or crushed stone. Clean sand, gravel or crushed stone shall be
free of fines, clay and organic materials.
b. Grade boards and/or stakes. Grade boards and/or stakes
placed in the bottom or sidewalls of the absorption trench shall be utilized to
maintain the gravel level for placement of the pressure percolation lines. Grade
stakes shall not be placed on centers greater than 10 feet.
c. Placement and alignment. Pressure percolation lines shall
be placed so that the holes face vertically downward. All pressure percolation
piping shall be placed at the same elevation, unless throttling valves are
utilized, and shall be level. The piping shall be placed in the horizontal
center of the trench and shall maintain a straight alignment. Normally the
invert of the pressure percolation lines shall be placed 8-1/2 inches above the
trench bottom. However, under no circumstance shall the invert of the pressure
percolation lines be placed closer than 16-1/2 inches to the seasonal water
table as defined in 12VAC5-610-950 A 3 12VAC5-610-470 D. When the
invert of the pressure percolation lines must be placed at an elevation greater
than 8-1/2 inches above the trench bottom, landscaping over the absorption area
may be required to provide the two inches of gravel and six inches of fill over
the pressure percolation lines required in subdivision 7 a of this subsection.
d. Backfilling. After the placement of the pressure
percolation piping the absorption trench shall be backfilled evenly with
crushed stone or gravel to a depth of two inches over the opening. Untreated
building paper or other suitable material shall be placed at the interface of
the gravel and soil to prevent migration of fines to the trench bottom. The
remainder of the trench shall be backfilled with soil to the ground surface.
8. Appurtenances. The distal (terminal) end of each pressure
percolation lines shall be fitted with a vertical riser and threaded cap
extending to the ground surface. Systems requiring throttling valves will be
supplied with couplings and threaded riser extensions at least four feet long
so that the flow may be adjusted in each line.
D. Gravelless material with general approval may be
used for low pressure distribution in accordance with the manufacturer's
approved installation manual, Table 5.4 of 12VAC5-610-950, and the applicable
requirements of this chapter.
12VAC5-610-950. Absorption area design.
A. The absorption area is the undisturbed soil medium beginning
at the soil gravel or sand interface which is utilized for absorption of
the effluent. The absorption area includes the infiltrative surface in the
absorption trench and the soil between and around the trenches when trenches
are used.
B. Suitability of soil horizon. The absorption trench bottom
shall be placed in the soil horizon or horizons with an average estimated or
measured percolation rate less than 120 minutes per inch. Soil horizons are to
be identified in accordance with 12VAC5-610-480. The soil horizon must meet the
following minimum conditions:
1. It shall have an estimated or measured percolation rate
equal to or less than 120 minutes per inch.
2. The soil horizon or horizons shall be of sufficient
thickness so that at least 12 inches of absorption trench sidewall is exposed
to act as an infiltrative surface; and
3. If no single horizon meets the conditions in subdivision 2
of this subsection, a combination of adjacent horizons may be utilized to
provide the required 12-inch sidewall infiltrative surface. However, no horizon
utilized shall have an estimated or measured percolation rate greater than 120
minutes/inch.
C. Placement of absorption trenches below soil restrictions.
Placement of the soil absorption trench bottom below soil restrictions as
defined in 12VAC5-610-490 D, whether or not there is evidence of a perched
water table as indicated by free standing water or gray mottlings or
coloration, requires a special design based on the following criteria:
1. The soil horizon into which the absorption trench bottom is
placed shall be a Texture Group I, II or III soil or have an estimated or
measured percolation rate of less than 91 minutes per inch.
2. The soil horizon shall be a minimum of three feet thick and
shall exhibit no characteristics that indicate wetness on restriction of water
movement. The absorption trench bottom shall be placed so that at least two
feet of the soil horizon separates the trench bottom from the water table
and/or rock. At least one foot of the absorption trench side wall shall
penetrate the soil horizon.
3. A lateral ground water movement interceptor (LGMI) shall be
placed upslope of the absorption area. The LGMI shall be placed perpendicular to
the general slope of the land. The invert of the LGMI shall extend into, but
not through, the restriction and shall extend for a distance of 10 feet on
either side of the absorption area (See 12VAC5-610-700 D 3).
4. Pits shall be constructed to facilitate soil evaluations as
necessary.
D. Sizing of absorption trench area.
1. Required area. The total absorption trench bottom area
required shall be based on the average estimated or measured percolation rate
for the soil horizon or horizons into which the absorption trench is to be
placed. If more than one soil horizon is utilized to meet the sidewall
infiltrative surface required in subsection B of this section, the absorption
trench bottom area shall be based on the average estimated or measured percolation
rate of the "slowest" horizon. The trench bottom area required in
square feet per 100 gallons (Ft²/100 Gals) of sewage applied for various soil
percolation rates is tabulated in Table 5.4. The area requirements are based on
the equation:
log y = 2.00 + 0.008 (x)
where y = Ft²/100 Gals
x = Percolation rate in minutes/inch
Notwithstanding the above, the minimum absorption area for
single family residential dwellings shall be 400 square feet.
2. Area reduction. See Table 5.4 for percent area
reduction when gravelless material or low pressure distribution is
utilized. A reduction in area shall not be permitted when flow diversion is
utilized with low pressure distribution. When gravelless material is
utilized, the design width of the trench shall be used to calculate minimum
area requirements for absorption trenches.
E. Minimum cross section dimensions for absorption trenches.
1. Depth. The minimum trench sidewall depth as measured from
the surface of the mineral soil shall be 12 inches when placed in a landscape
with a slope less than 10%. The installation depth shall be measured on the
downhill side of the absorption trench. When the installation depth is less
than 18 inches, the depth shall be measured from the lowest elevation in the
microtopography. All systems shall be provided with at least 12 inches of cover
to prevent frost penetration and provide physical protection to the absorption
trench; however, this requirement for additional cover shall not apply to
systems installed on slopes of 30% or greater. Where additional soil cover must
be provided to meet this minimum, it must be added prior to construction of the
absorption field, and it must be crowned to provide positive drainage away from
the absorption field. The minimum trench depth shall be increased by at least
five inches for every 10% increase in slope. Sidewall depth is measured from
the ground surface on the downhill side of the trench.
2. Width. All absorption trenches utilized with gravity
distribution shall have a width of from 18 inches to 36 inches. All absorption
trenches utilized with low pressure distribution shall have a width of eight
inches to 24 inches.
F. Lateral separation of absorption trenches. The absorption
trenches shall be separated by a center to center distance no less than three
times the width of the trench for slopes up to 10%. However, where trench
bottoms are two feet or more above rock, pans and impervious strata, the
absorption trenches shall be separated by a center to center distance no less
than three times the width of the trench for slopes up to 20%. The minimum
horizontal separation distance shall be increased by one foot for every 10%
increase in slope. In no case shall the center to center distance be less than
30 inches.
G. Slope of absorption trench bottoms.
1. Gravity distribution. The bottom of each absorption trench
shall have a uniform slope not less than two inches or more than four inches
per 100 feet.
2. Low pressure distribution. The bottom of each absorption
trench shall be uniformly level to prevent ponding of effluent.
H. Placement of absorption trenches in the landscape.
1. The absorption trenches shall be placed on contour.
2. When the ground surface in the area over the absorption
trenches is at a higher elevation than any plumbing fixture or fixtures, sewage
from the plumbing fixture or fixtures shall be pumped.
I. Lateral ground water movement interceptors. Where subsurface,
laterally moving water is expected to adversely affect an absorption system, a
lateral ground water movement interceptor (LGMI) shall be placed upslope of the
absorption area. The LGMI shall be placed perpendicular to the general slope of
the land. The invert of the LGMI shall extend into, but not through, the
restriction and shall extend for a distance of 10 feet on either side of the
absorption area.
Table 5.4.
Area Requirements for Absorption Trenches.
|
Percolation
Rate
(Minutes/Inch)
|
Area Required
(Ft2/100 Gals)
|
Area Required
(Ft2/Bedroom)
|
Gravity
|
Gravity
Gravelless
|
Low
Pressure
Distribution
|
Gravity
|
Gravity
Gravelless
|
Low Pressure
Distribution
|
5
|
110
|
83
|
110
|
165
|
124
|
165
|
10
|
120
|
90
|
120
|
180
|
135
|
180
|
15
|
132
|
99
|
132
|
198
|
149
|
198
|
20
|
146
|
110
|
146
|
218
|
164
|
218
|
25
|
158
|
119
|
158
|
237
|
178
|
237
|
30
|
174
|
131
|
164
|
260
|
195
|
255
|
35
|
191
|
143
|
170
|
286
|
215
|
260
|
40
|
209
|
157
|
176
|
314
|
236
|
264
|
45
|
229
|
172
|
185
|
344
|
258
|
279
|
50
|
251
|
188
|
193
|
376
|
282
|
293
|
55
|
275
|
206
|
206
|
412
|
309
|
309
|
60
|
302
|
227
|
217
|
452
|
339
|
325
|
65
|
331
|
248
|
228
|
496
|
372
|
342
|
70
|
363
|
272
|
240
|
544
|
408
|
359
|
75
|
398
|
299
|
251
|
596
|
447
|
375
|
80
|
437
|
328
|
262
|
656
|
492
|
394
|
85
|
479
|
359
|
273
|
718
|
539
|
409
|
90
|
525
|
394
|
284
|
786
|
590
|
424
|
95
|
575
|
489
|
288
|
862
|
733
|
431
|
100
|
631
|
536
|
316
|
946
|
804
|
473
|
105
|
692
|
588
|
346
|
1038
|
882
|
519
|
110
|
759
|
645
|
379
|
1138
|
967
|
569
|
115
|
832
|
707
|
416
|
1248
|
1061
|
624
|
120
|
912
|
775
|
456
|
1368
|
1163
|
684
|
J. Controlled blasting. When rock or
rock outcroppings are encountered during construction of absorption trenches
the rock may be removed by blasting in a sequential manner from the top to
remove the rock. Percolation piping and sewer lines shall be placed so that at
least one foot of compacted clay soil lies beneath and on each side of the pipe
where the pipe passes through the area blasted. The area blasted shall not be
considered as part of the required absorption area.
12VAC5-610-955. Drip dispersal.
A. Drip dispersal applies wastewater in an even and
controlled manner over an absorption area. Drip dispersal system components may
include treatment components, a flow equalization pump tank, a filtration
system, a flow measurement method, supply and return piping, small diameter
pipe with emitters, air/vacuum release valves, redistribution control, and
electromechanical components or controls.
B. Drip dispersal system tubing shall be color coded and
certified by the manufacturer as designed and manufactured for the dispersal of
wastewater. All drip dispersal system tubing shall be equipped with emitters
approved for use with wastewater. For the application of septic tank effluent,
the tubing must have self-cleaning emitters.
1. The minimum linear feet of tubing in the system shall be
one-half of the minimum soil absorption area in square feet.
2. All tubing shall be placed on contour.
3. Except as provided by 12VAC5-613, drip systems
dispersing septic tank effluent shall comply with the requirements of 12VAC5-610-594.
Drip systems dispersing secondary effluent or better require a minimum of six
inches of cover over the tubing. Cover may be achieved by a combination of
installation depth and Group II or Group III soil cover or other approved
material over the drip field.
4. The discharge rate of any two
emitters shall not vary by more than 10% in order to ensure that the effluent
is uniformly distributed over the entire drip field or zone.
5. The emitters shall be evenly spaced along the length of
the drip tubing at not less than six inches or more than 24 inches apart.
6. The system design shall protect the drip emitters and
system from the effects of siphoning or backflow through the emitters.
C. Drip dispersal systems shall comply with the following
minimum soil absorption area requirements:
1. For the dispersal of septic tank effluent, the minimum
soil absorption area for a drip system shall be calculated by multiplying the
trench bottom area required for a low pressure distribution system in Table 5.4
of 12VAC5-610-950 by three.
2. For the dispersal of secondary or better effluent, the
minimum soil absorption area shall be calculated by multiplying the trench
bottom area for pressure distribution systems in accordance with subdivision 10
of 12VAC5-613-80 by three.
3. Landscape linear loading rates shall be considered for
sloping absorption areas. For sites where effluent flow is primarily
horizontal, linear loading rates shall be less than four gallons per day per
linear foot. For sites where the flow is primarily vertical, the linear loading
rates shall be less than 10 gallons per day per linear foot.
4. Air/vacuum release valves shall be located at the high
points of the supply and return manifolds to each zone.
D. All drip dispersal systems shall be equipped with
devices or methods to restrict effluent from draining by gravity to portions of
a zone or laterals lower in elevation. Variable distribution due to gravity
drainage shall be 10% or less within a zone.
E. A minimum of six hours of emergency storage above the
high water alarm in the pump chamber shall be provided. The equalization volume
shall be equal to 18 hours of storage. The equalization volume shall be
measured from the pump off level to the high water alarm level. An audio/visual
alarm meeting the requirements of 12VAC5-610-880 B 8 shall be provided for the
pump chamber.
F. Each drip dispersal zone shall be time-dosed over a
24-hour period. The dose volume and interval shall be set to provide
unsaturated flow conditions. Demand dosing is prohibited. Minimum dose volume
per zone shall be 3.5 times the liquid capacity of the drip laterals in the
zone plus the liquid capacity of the supply and return manifold lines (which
drain between doses) accounting for instantaneous loading and drain back.
1. At each dosing cycle, the system design shall only allow
a full dose volume to be delivered.
2. For design flows greater than 1,000 gallons per day, a
means to take each zone off line separately shall be provided. The system shall
have the capability to bypass each zone that is taken out of service such that
each subsequent dose is dispersed to the next available zone in sequence.
G. Filtration shall be provided to remove suspended solids
and prevent clogging of emitters. The filtration design shall meet the drip
tubing manufacturer's particle size requirements for protection of the emitters
at a flow rate equal to or greater than the rate of forward flushing. Filter
flush water shall be returned to the treatment system at a point where the
residuals and volume of the flush water do not negatively impact the effluent
quality or exceed the hydraulic design capacity of the treatment system.
H. A means for measuring or estimating total flow
dispersed to the soil absorption area and to verify field dosing and field
flushing rates shall be provided.
I. The system shall provide forward field flushing to
achieve scouring velocity as specified by the drip tubing manufacturer. Field
flushing shall occur on a routine schedule to prevent excessive solids
accumulation and clogging. Flush water shall be returned to the treatment
system at a point where the residuals and volume of the flush water do not
negatively impact the effluent quality or exceed the hydraulic design capacity
of the treatment system.
J. Electrical components shall be Underwriters Laboratory
(UL) listed for the intended purpose. The designer shall provide a description
with a schematic diagram of the electrical and control functions in the
operation and maintenance manual. The electrical control equipment shall be
mounted within a National Electrical Manufacturers Association (NEMA) 4X rated
enclosure with a rigid latching door. All switches shall be clearly identified,
and all internal wiring shall be factory installed. All wiring shall be
installed according to applicable electrical safety codes and the
manufacturer's installation schematic.
K. All components in a drip dispersal system shall be
rated to withstand contact with wastewater and recommended for this application
by the manufacturer. All components shall be protected from freezing.
L. The designer of the drip dispersal system shall verify
the dosing rates, the flushing rates, and other parameters critical to the
proper operation of the system at the startup inspection. A summary of the
startup inspection shall be included in the operation and maintenance manual
and shall include, at a minimum, the dosing volume, the forward flow flushing
rate, the pressure head of the system, and verification of proper cycling
between zones.
NOTICE: The following
form used in administering the regulation was filed by the agency. The form is
not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name of a form with a hyperlink to
access it. The form is also available from the agency contact or may be viewed
at the Office of the Registrar of Regulations, General Assembly Building, 2nd
Floor, Richmond, Virginia 23219.
FORMS (12VAC5-610)
Application for a Sewage Disposal System Construction Permit,
C.H.S. 200 (rev. 4/83)
Sewage Disposal System Construction Permit, C.H.S. 202A (rev.
6/84)
Schematic Drawing of Sewage Disposal System and Topographic,
C.H.S. 202B (rev. 6/84)
Application for Sewage Handling Permit, B.W.E. 23─1
Application for Pump and Haul, B.W.E. 25-1
Pump and Haul Storage Facility Construction Permit, B.W.E.
26-1
Soil Evaluation Form, C.H.S. 201 (rev. 4/83)
Soils Evaluation Percolation Test Data
Record of Inspection - Non-Public Drinking Water Supply
System
Completion Statement, C.H.S. 204 (rev. 4/83)
Gravelless
Material: Application for General Approval (undated)
VA.R. Doc. No. R14-3665; Filed August 3, 2015, 1:47 p.m.
TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Proposed Regulation
Titles of Regulations: 12VAC30-50. Amount, Duration,
and Scope of Medical and Remedial Care Services (amending 12VAC30-50-226).
12VAC30-60. Standards Established and Methods Used to Assure
High Quality Care (amending 12VAC30-60-143).
Statutory Authority: § 32.1-325 of the Code of
Virginia; 42 USC § 1396 et seq.
Public Hearing Information: No public hearings are
scheduled.
Public Comment Deadline: October 23, 2015.
Agency Contact: Emily McClellan, Regulatory Supervisor,
Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA
23219, telephone (803) 371-4300, or email emily.mcclellan@dmas.virginia.gov.
Basis: Section 32.1-325 of the Code of Virginia grants
to the Board of Medical Assistance Services the authority to administer and
amend the Plan for Medical Assistance. Sections 32.1-324 and 32.1-325 of the
Code of Virginia authorize the Director of the Department of Medical Assistance
Services (DMAS) to administer and amend the Plan for Medical Assistance
according to the board's requirements. The Medicaid authority as established by
§ 1902 (a) of the Social Security Act (42 USC § 1396a) provides
governing authority for payments for services.
Item 307 LL of Chapter 3 of the 2012 Special Session I Acts of
the Assembly directed DMAS to make programmatic changes in community mental
health rehabilitative services and to consider all available options including,
but not limited to, prior authorization, utilization review, and provider
qualifications. DMAS was directed to promulgate regulations to implement these
changes. In response, DMAS promulgated emergency regulations for this issue.
Item 307 RR (f) of Chapter 3 of the 2012 Special Session I Acts
of Assembly directed DMAS to implement a mandatory care coordination model for
behavioral health services. The goals of Item 307 RR (e) include the
achievement of cost savings and simplification of the administration of
community mental health rehabilitative services through the use of the
behavioral health services administrator.
Item 307 DD of Chapter 806 of the 2013 Acts of Assembly
directed DMAS to implement service authorization and utilization review for
community-based mental health rehabilitative services for children and adults.
Mental health skill-building services are one of the included services.
Purpose: The Medicaid covered service that is affected
by this action is Mental Health Support Services (MHSS), renamed Mental Health
Skill-Building Services to better reflect the intent of the service. DMAS
always intended this service to have a rehabilitative focus and defined it as
training and support to enable individuals to achieve and maintain stability
and independence in their communities. The application of imprecise eligibility
criteria and service definitions has resulted in providers misunderstanding of
DMAS' intent and of the slow evolution of MHSS into services other than
rehabilitation, which has contributed to the $138 million increase in
expenditures for this service. Most of this expenditure increase has been
attributed to adult Medicaid individuals. Although this service was not
intended to be a standalone service, but rather to be coupled with other
services that the target population would most likely benefit from, it has been
used to provide a wide variety of interventions. Stakeholders note that this
service has been used to provide crisis intervention; counseling/therapy;
transportation; recreation; companion-like services, which is of significant
concern; and general supervision.
DMAS' goal is that individuals receive the correct level of
service at the correct time for the treatment (service) needs related to the
individual's medical/psychiatric condition. Community mental health
rehabilitative services are behavioral health interventions in nature and are
intended to provide clinical treatment to those individuals with significant
mental illness or children with, or at risk of developing, serious emotional
disturbances. Clinical treatment differs from community social assistance and
child welfare programs in that behavioral health services are designed to
provide treatment to a mental illness rather than offer assistance for hardship
due to socio-economic conditions, age, or physical disability. Stakeholders'
feedback supported and DMAS' observations concluded, without clarifying the
service definition and eligibility requirements, that MHSS would continue its
evolution into a social service level of support rather than remain a
psychiatric treatment modality.
DMAS intends, in this action, to more accurately discuss the
agency's intentions for this service by clarifying the Medicaid individuals'
eligibility criteria, service definitions, and reimbursement requirements.
Substance: Currently, 12VAC30-50-226 sets out the
coverage limits for community mental health rehabilitative services, which
includes therapeutic day treatment/partial hospitalization, psychosocial
rehabilitation, crisis services, intensive community treatment, and mental
health support services.
At the present time, MHSS is a Medicaid community mental health
treatment service with a rehabilitative focus and is defined as goal-directed
training to enable individuals to achieve and maintain stability and independence
in their communities in the most appropriate, least restrictive environments.
Currently, MHSS includes the following components:
• Training in or reinforcement of functional skills and
appropriate behavior related to the individuals' health and safety, training in
the performance of activities of daily living, and use of community
resources;
• Training about medication management; and
• Self-monitoring of health, nutrition, and
physical conditions.
Imprecise Medicaid eligibility criteria and service definitions
have allowed individuals who have not been diagnosed with either a serious
mental illness or serious emotional disturbance to access Medicaid's MHSS.
DBHDS licensing specialists and DMAS auditors report that MHSS services have
become more like companion care and less like mental health skills training
with a rehabilitative and maintenance focus.
Community mental health rehabilitative services are behavioral
health interventions. They are intended to provide clinical treatment to those
individuals with significant mental illness or children either with, or at risk
of developing, serious emotional disturbances. Clinical treatment differs from
community social assistance and child welfare programs in that behavioral
health services are designed to provide treatment of a mental illness rather
than assisting with hardships due to socio-economic conditions, age, or
physical disabilities. Stakeholders feedback and DMAS observations concluded
that without clarifying the service definition and eligibility requirements,
MHSS would continue to evolve into a social service level of support rather
than a psychiatric treatment service.
Based on public comments received during the Notice of Intended
Regulatory Action comment period, DMAS believes that some providers have billed
this service for reimbursement when the service actually rendered involved
driving the Medicaid individual to medical appointments (sometimes over long
distances) and remaining with the individual to later return him home. Neither
transportation nor companion services were ever intended to be covered as part
of MHSS. If a MHSS provider is transporting an individual, the provider may
only bill for MHSS if skill-building training takes place for the entire time.
Direct time spent with the individual is billable to DMAS as long as training
in skills related to resolving functional limitations deriving directly from
mental illness occurs during the entire time that is billed. Medicaid already
provides transportation to medical appointments via its Logisticare contract.
DMAS believes that the use of the term "and supports"
in this original service definition has contributed to providers
misunderstanding this service, which has contributed to the increase in
expenditures. Most of this increase has been attributable to adult Medicaid
individuals.
The intent of this service has always been to provide training
to individuals who have severe, chronic mental illness or emotional
disturbances so that they can successfully and independently live in their communities
in the least restrictive environments possible. To help resolve the discrepancy
between the intent of the service and the way in which it is currently being
provided, DMAS is changing the service's name to Mental Health Skill-Building
Service to emphasize the rehabilitative nature of the service.
The proposed changes also seek to significantly strengthen the
service eligibility criteria for MHSS. By clarifying the service definition,
DMAS anticipates that individuals who previously received nonskill-building
interventions via this service will now more appropriately be directed to
resources that can meet those nonskill-building needs (i.e., social services,
crisis intervention, case management, etc.).
Because this service may be provided by qualified mental health
paraprofessionals and is training focused, DMAS has adjusted the rate
structure. The regulations also change the rate structure to a 15-minute
billing unit and decrease the number of units per day that an individual may
receive the service (decreasing from seven hours to up to five hours allowable
at a maximum of 20 15-minute billing units per day) to ensure that the service
is not overutilized. This change was implemented July 1, 2014, due to the
logistics of putting in place the new billing unit and service limitation
systems.
In the past, providers were permitted to bill seven or more
hours of service per day but the annual limit of 372 units per year was quite
low. This created an imbalance, such that if an individual continued to need this
service over the course of a year, he would reach his annual limit well before
the end of the year. The current annual limit of 372 units yields approximately
one unit per day. However, the daily billing allowance is up to four billing
units per day with varying time values per unit billed. The current unit value
is able to allow services in hourly ranges such as 1-2.99 hours and 3-4.99,
5-6.99 and 7+ hours per unit, which creates an incentive to bill for more time
than provided because of the imprecise unit value. The new unit value and new
unit allowance would yield a maximum of five hours per day, five days per week
for a total of 5,200 15-minute units per year. The changes in the daily,
weekly, and annual limits align services so that they may be provided
consistently over the course of a year. This change was also implemented July
1, 2014.
The regulations also prohibit overlaps of MHSS with other
similar services that would be duplicative and not therapeutically beneficial.
For example, MHSS will no longer be available to individuals who are also
receiving in-home residential services or congregate residential services
provided through the intellectual disability or individual and family
developmental disability support home-based and community based waivers.
Similarly, MHSS will no longer be available to individuals who
are receiving treatment foster care or independent living services through
programs offered by the Department of Social Services or the Office of
Comprehensive Services. Any overlap in these services with MHSS is considered
duplicative and clinically ineffective.
The regulations also reduce the number of hours of MHSS that
may be provided in an assisted living facility (AFL) and Level A or Level B
group homes. This change is recommended to ensure that MHSS is not duplicative
of services that are already being provided in residential placements, such as
assistance with medication management. The regulations propose that providers
offer half of each week's authorized MHSS hours to ALF/group home residents
outside of their residential setting. This new requirement is intended to
assist with training these individuals to achieve and maintain community
stability and independence. The regulations also specify that MHSS may not be
provided to residents of intermediate care facilities for individuals with
intellectual disability or hospitals to prohibit inappropriate overlaps of MHSS
with these providers.
MHSS may be provided to nursing facility residents who are
being discharged, but only during the last 60 days of the nursing facility
stay. The service may be reauthorized once for another 60 days only if
discharge to the community is planned. This allows individuals to access MHSS
to transition from a nursing facility into an independent living arrangement.
This new limitation also prevents individuals remaining in a nursing facility
on a long-term basis from accessing MHSS since they do not require training in
community independent living skills.
Similarly, in order for individuals in residential treatment
facilities to transfer to their communities, the MHSS assessment may be
performed in the last seven days before discharge allowing service onset upon
discharge.
The regulations seek to improve the quality of the services
provided by ensuring that MHSS providers communicate important information to
other health care professionals who are providing care to the same individuals.
In the past, there has been very little communication with other health care
practitioners and virtually no communication with prescribing physicians. These
regulatory changes seek to bridge this gap. For example, if an individual who
receives MHSS under the new criteria fails to adhere to his prescribed
medication regimen, it could have a significant, negative impact on the
individual's mental health. If a paraprofessional providing MHSS to an
individual learns of the nonadherence to the prescribed medication regimen, he
is now required in these regulations to notify his supervisory staff of the
individual's medication issues. Supervisory staff is also being required to
communicate this information to the individual's treating physician, so that he
is aware of the problem and therefore is enabled to address it at the next
visit.
Further, as providers have adjusted to recent regulatory
requirements implemented by DMAS, including an independent clinical assessment
for individuals younger than 21 years of age, they have begun to expand their
businesses into other service areas that they may be able to provide. As a
result, there has been significant expenditure growth in the two crisis
services offered in the community – crisis intervention and crisis
stabilization. These services are the only two community mental health
rehabilitative services that to date have been exempt from service
authorization. DMAS is now seeking to require service authorization for these
services. DMAS believes this step is necessary to preserve the integrity and
quality of the services by ensuring that only individuals who are truly in
crisis receive these services. DMAS is ensuring that service authorization does
not delay or prevent services to those individuals who truly are in crisis by
permitting providers to request authorization within a brief period of time
after initiating services.
Issues: The primary advantage to the Commonwealth for
these changes, aside from reduced expenditures for MHSS, is that the
individuals receiving these services will make functional gains and achieve
enhanced tenure in their communities.
Individual private citizens will neither benefit nor be harmed
by these recommended changes.
The Medicaid individuals who have become accustomed to the
previous services from providers may feel harmed by the clearer criteria and
change in service limits as now they may not qualify for these redefined
services or as much of the service as they had been getting. However,
responsible providers are expected to refer these individuals to more
appropriate community resources. Providers allege that the rate and
reimbursement changes will cause their business harm.
Efforts were made so the rate and unit changes would be budget
neutral. It was learned during this process that some providers were using the
funding for this service to pay for other non-Medicaid services, which suggests
a misalignment of the billing structure and delivery of the service. The
restructured reimbursement allows compensation for all Medicaid-covered care
that is delivered.
Local human service agencies may see an increase in referrals
as former MHSS individuals seek to have their social service-related needs met,
which have been previously inappropriately addressed by MHSS providers.
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. The proposed
changes clarify the intent of Medicaid Mental Health Support Services (MHSS);
amend the eligibility criteria, provider and service standards; establish
service authorization requirements for certain services; and change limits,
unit system, and rate structure used in the reimbursement methodology.
Result of Analysis. Although there is insufficient data to
accurately compare the magnitude of the benefits versus the costs, the benefits
likely exceed the costs at the aggregate level due to well-known abuses in the
provision and utilization of MHSS.
Estimated Economic Impact. These regulations establish
eligibility criteria, provider and service standards, and reimbursement rules
for MHSS. MHSS are community mental health treatment services with a
rehabilitative focus and defined as goal-directed training to enable
individuals to achieve and maintain stability and independence in their
communities in the most appropriate, least restrictive environments. MHSS
include training in or reinforcement of functional skills and appropriate
behavior related to the individuals' health and safety; training in the
performance of activities of daily living, and use of community resources;
training about medication management; and self-monitoring of health, nutrition,
and physical conditions.
According to the Department of Medical Assistant Services
(DMAS), the intent of this service has always been to provide training to
individuals, who have severe, chronic mental illness or emotional disturbances,
so that they can successfully and independently live in their communities in
the least restrictive environments possible. DMAS believes that the use of the
term "support" in the service definition has contributed to
providers' misunderstanding the purpose of this service which has led to the
provision of services without the training or rehabilitation focus. In
addition, imprecise eligibility criteria have allowed individuals who have not
been diagnosed with either a serious mental illness or serious emotional
disturbance to access these services. The Department of Behavioral Health and
Developmental Services (DBHDS) licensing specialists and DMAS auditors have
reported that MHSS have become more like companion care and less like mental
health skills training with a rehabilitative and maintenance focus.
Community mental health rehabilitative services are behavioral
health interventions. They are intended to provide clinical treatment to those
individuals with significant mental illness or children either with, or at risk
of developing, serious emotional disturbances. Clinical treatment differs from
community social assistance and/or child welfare programs in that behavioral
health services are designed to provide treatment to a mental illness rather
than assisting with hardships due to socio-economic conditions, age, or
physical disabilities.
Although MHSS were not intended to be a stand-alone service,
but rather to be coupled with other services that the target population would
most likely benefit from, it has been used to provide a wide variety of interventions.
According to DMAS, utilization reviews conducted and stakeholder comments noted
during the Notice of Intended Regulatory Action comment period indicate that
these services have been inappropriately utilized to provide crisis
intervention, counseling/therapy, transportation, recreation, and of
significant concern, companion-like services, and general supervision. For
example, some providers have billed these services for reimbursement when the
service actually rendered involved driving the Medicaid recipient to medical
appointments (sometimes over long distances) and remaining with the individual
to later return him home. Neither transportation nor companion services were
ever intended to be covered as part of MHSS. If a MHSS provider is transporting
an individual, the provider may only bill for MHSS if skill-building training
takes place for the entire time. Direct time spent with the individual is
billable to DMAS as long as training in skills related to resolving functional
limitations deriving directly from mental illness occurs during the entire time
that is billed. Medicaid already provides transportation to medical
appointments via its Logisticare contract.
As a result of misunderstandings about the purpose of these
services and imprecise eligibility criteria, the Medicaid expenditures for
these services have increased from $46.4 million in fiscal year (FY) 2008 to
$224.4 million in FY 2013, a $178 million increase which represents a 384%
growth.
Stakeholders' feedback and DMAS observations concluded that
without clarifying the service definition and eligibility requirements, MHSS
would continue to evolve into a social service level of support rather than a
psychiatric treatment service. To address these concerns, the General Assembly
directed DMAS to make changes through the 2012 Special Session I Acts of the
Assembly, Chapter 3, Item 307 LL and Item 307 RR (f); and the 2013 Acts of the
Assembly, Chapter 806, Item 307 DD. Consistent with these statutory mandates,
DMAS promulgated emergency regulations that went into effect on December 1,
2013. The proposed regulations will make the existing emergency regulations
permanent.
One of the changes re-names and re-defines MHSS to Mental
Health Skill-building Services in order to emphasize the rehabilitative nature
that DMAS always intended for this service to have. As explained above, these
services were never intended to be interpreted as long-term companion care, or
community social assistance.
In order to make sure MHSS services are provided to individuals
who have severe, chronic mental illness or emotional disturbances, proposed
changes revise the eligibility criteria as follows:
Adults (individuals 21 years of age and older) must (i) have at
least one of several listed diagnoses in Diagnostic and Statistical Manual of
Mental Disorders (DSM); (ii) shall require individualized training in basic
community living skills in order to successfully remain independent in the
community; (iii) have a prior history of psychiatric illnesses that required institutionalization
or have a history of certain behavioral health treatment; and (iv) shall have
had a prescription for psychotropic medications.
Young people (individuals younger than 21 years of age) must
(i) have at least one of the several listed DSM diagnoses; (ii) shall require
individualized training in basic community living skills in order to
successfully live in the community; (iii) have a prior history of psychiatric
illnesses that required institutionalization or have a history of certain behavioral
health treatment; (iv) shall have had a prescription for psychotropic
medications; (v) be living independently or actively transitioning (within 6
months) to independent living; and (vi) have had completed for them an
Independent Clinical Assessment (known as VICAP).
The proposed changes also require providers to document the
diagnoses making the individuals eligible for MHSS and provision of services.
The proposed clarification of the service definition, revised
eligibility criteria, and documentation requirements are expected to make sure
correct services are provided for the treatment needs related to an
individual's medical/psychiatric condition. Individuals with a qualifying
diagnosis will continue to receive appropriate skill building services while
individuals who previously received non-skill building interventions via this
service will be appropriately directed to resources that can meet those
non-skill-building needs; i.e., social services, crisis intervention, case
management, etc. In addition, the proposed documentation requirements are
expected to reduce the number of adverse audit results and overpayments to
providers.
The proposed changes also modify provider qualifications to
ensure that appropriately trained/licensed professionals are caring for these
individuals with serious mental illness. According to DMAS, when care is
rendered by inadequately trained or non-licensed professionals, great harm can
be created to these individuals. Supportive in-home licensed providers are now
limited to providing non-clinical services under a Medicaid waiver for persons
with developmental disabilities. Due to the clinical nature of MHSS, it was
decided in conjunction with the DBHDS Office of Licensure to discontinue
allowing providers with the supportive in home license to provide MHSS.
Also, MHSS is a non-center or home and community based service. The assertive
community treatment (ACT) and intensive community treatment (ICT) licenses are
restricted to center based service providers. They are not relevant licenses to
provide the more flexible community based MHSS.
Under the proposed changes, providers licensed as ACT or ICT
would have to update their agency license based on their current staffing
patterns. According to DMAS, this update is a formality and the change would
easily be accomplished by the provider who employs staff who meet the ICT/ACT
credentials. The supportive in-home providers would not be able to make the
switch to the MH Community Support License without hiring clinically licensed
staff who meet the licensed mental health professional criteria as defined by
DBHDS and also the direct services staff would have to meet a more stringent
qualified mental health professional criteria that includes college degrees and
one year of clinical service. Supportive in-home providers were able to use
staff that did not have a college degree.
DMAS reports that there were 265 providers in December 2013.
Currently, there are 316 providers. While the changes in provider
qualifications most likely have had some adverse impact on some providers, DMAS
does not believe that these changes have prevented any providers continuing to
provide MHSS to eligible individuals.
The proposed changes also prohibit overlaps of MHSS with other
similar services that would be duplicative and not therapeutically beneficial.
MHSS are no longer available under certain conditions and for certain
individuals as follows: individuals in group homes and assisted living
facilities may no longer receive MHSS from the providers residing in the same
facility; individuals who are also receiving in-home residential services or
congregate residential services provided through the Intellectual Disability or
Individual and Family Developmental Disability Support home and community based
waivers; individuals who are receiving services under the Department of Social
Services' independent living program, independent living services, or
independent living arrangement or any Comprehensive Services Act for At-Risk
Youth and Families-funded independent living skills programs; individuals who
are receiving treatment foster care; individuals who reside in Intermediate
Care Facilities for Individuals with Intellectual Disabilities or hospitals;
individuals who reside in nursing facilities, except for up to 60 days prior to
discharge; individuals who are residents of Residential Treatment Centers-Level
C facilities, except for individuals with certain intake codes in the seven
days immediately prior to discharge; individuals who receive personal care
services or attendant care services; individuals who have organic disorders,
such as delirium, dementia, or other cognitive disorders not elsewhere
classified, unless their physicians issue signed and dated statements
indicating that the individuals can benefit from MHSS. DMAS considers any
overlap in these services with MHSS duplicative and clinically ineffective.
The proposed regulations also seek to improve the quality of
the services provided by ensuring that MHSS providers communicate important
information to other healthcare professionals who are providing care to the
same individuals. According to DMAS, in the past, there has been very little
communication with other health care practitioners, and virtually no
communication with prescribing physicians. These regulatory changes seek to
bridge this gap. For example, if an individual who receives MHSS under the new
criteria fails to adhere to his prescribed medication regimen, it could have a
significant, negative impact on the individual's mental health. If a paraprofessional
providing MHSS to an individual learns of the non-adherence to the prescribed
medication regimen, he or she is now required in these regulations to notify
his or her supervisory staff of the individual's medication issues. Supervisory
staff is also being required to communicate this information to the
individual's treating physician, so that he or she is aware of the problem and
therefore is enabled to address it at the next visit.
As it should be clear from the description of changes discussed
so far, this regulatory action is comprehensive and touches many aspects of
MHSS. These changes undoubtedly have a significant economic impact on
providers, individuals receiving services, and DMAS. The main economic impact
is a decrease in utilization and therefore expenditures reimbursed for MHSS.
However, there are serious data limitations and confounding issues making it
impossible to produce a precise estimate.
First, the proposed changes discussed so far had become
effective in December 2013. In that month, there were prior authorizations that
would continue to be valid in the coming months. In addition, due to the
comprehensive and complex nature of the changes, there have been likely delays
in implementation. Thus, while we can compare expenditure levels before
December 2013 and most recent months to get a sense of the economic impact up
to this date, the downward trend in expenditures may well continue into the
future. If the downward trend continues, the reduction in expenditures so far
would underestimate the actual reduction that would be achieved when all
changes are fully implemented.
Second, at the time these regulatory changes went into effect,
the behavioral services administrator also changed. The change in claims
administrator is not a part of this regulatory action and consequently its
economic effects cannot be attributed to the change in this action. Thus, some
of the reduction in expenditures is attributable to more efficient
administration of the claims process. However since the change in regulations
and the claims administrator took place simultaneously, there is no way to
isolate the impact of the proposed regulations from the impact of administrator
change with the data available.
The average monthly MHSS expenditures from September to
November 2013 (over a three month period) were approximately $22 million. The
average monthly expenditures from January to March 2015 were $15.5 million.
Thus, the average monthly expenditures have decreased by approximately $6.5
million per month (a 30% reduction) which would imply a reduction of $78.7
million per year. The accuracy of this estimate somewhat bolstered by the
change in the number of recipients. The number of unduplicated recipient
population has decreased from 14,830 in December 2013 to 10,851 in December
2014, a decrease of 27%. However, as discussed above, some of the reduction in
expenditures is likely due to change in claims administrator.
These estimates imply that providers of MHSS would see
approximately 30% or about $78.7 million per year and perhaps more (if the
impact of changes has not been fully materialized yet) reduction in their
Medicaid MHSS revenues. Due to federal matching funds, only one half of these
savings would be realized by the state and retained in the Commonwealth perhaps
for other state expenditures. The other half of the funds is savings to the
federal government. The lost federal matching funds would have a net
contractionary impact on the Commonwealth's economy.
These changes also represent a negative impact on individuals
who used to be receiving these services under previous regulations.
Approximately 27% of the number of recipients, or about 4,000 recipients, would
no longer be accessing MHSS.
In addition to the changes that have already been implemented,
there are some other changes that will go into effect when these regulations
are finalized. DMAS reports that as providers have adjusted to recent
regulatory requirements implemented, they have begun to expand their businesses
into other service areas that they may be able to provide. As a result, there
has been an expenditure growth in the two crisis services offered in the
community – crisis intervention and crisis stabilization. These services are
the only two community mental health rehabilitative services that, to date,
have been exempt from service authorization. Thus, DMAS is now seeking to
require service authorization for them. DMAS believes this step is necessary to
preserve the integrity and quality of these services by ensuring that only individuals
who are truly in crisis receive them. DMAS is ensuring that service
authorization does not delay or prevent services to those individuals who truly
are in crisis by permitting providers to request authorization within a brief
period of time after initiating services.
The recent trend in the data over January 2014 to February 2015
indicates that the total crisis intervention and stabilization expenditures are
currently increasing approximately $13,000 per month. The average monthly
expenditures for these two services over December 2014 to February 2015 were
about $1.37 million. While a $13,000 increase per month for services that range
about $1.37 million monthly may seem small, the data confirms that the
expenditures are steadily increasing. The proposed service authorization
requirements may curtail the trend down, stop growth, or even reverse the
trend. Even though there is no data to estimate the magnitude of the impact, it
is likely there will be some savings from the proposed service authorization requirement.
Similar to the changes that have already been implemented, the
proposed service authorization requirement, would reduce provider revenues,
restrict recipient's access to services, and result in loss of federal funds
coming into the Commonwealth.
Finally, DMAS proposes limits in utilization in assisted living
facilities and in group homes and certain changes in unit and rate structure.
However, due to the 2014 Acts of the Assembly, Chapter 5002, Item 301 ZZZ, the
changes described below will not be implemented until the General Assembly has
reviewed the impact of the proposed regulations.
The number of hours of MHSS provided in an assisted living
facility and in group homes will not exceed 4,160 fifteen-minute units per
fiscal year, 80 fifteen-minute units per week, and 20 fifteen-minute units per
day. This change is proposed to ensure that MHSS is not duplicative of services
that are already being provided in residential placements, such as assistance
with medication management. DMAS proposes that providers offer half of each
week's authorized MHSS hours to assisted living facilities/group home residents
outside of their residential setting. This new requirement is intended to
assist with training these individuals to achieve and maintain community
stability and independence.
Changes in current unit system are also proposed. The current
unit value system allows services in hourly ranges as follows: one unit = 1 to
2.99 hours; two units = 3 to 4.99 hours, three units = 5 to 6.99 hours; four
units = 7 plus hours. According to DMAS, the current system creates an
incentive to bill for more time than provided because of the imprecise unit
value. In addition, there is a 372-units limit per year which yields
approximately one unit per day. However, the daily billing allowance is up to
four billing units per day with varying time values per unit billed. Thus,
providers are permitted to bill seven or more hours of service per day. This
creates an imbalance, such that if an individual continued to need this service
over the course of a year, he or she would reach his annual limit well before
the end of the year.
The proposed regulations would change the unit structure to a
15 minute billing unit and decrease the number of units per day that an
individual may receive the service (decreasing from seven hours to up to 5
hours allowable as a maximum of twenty 15-minute billing units per day) to
ensure that the service is not over-utilized. The new unit value and new unit
allowance would yield a maximum of 5 hours per day, 5 days per week for a total
of 5,200 fifteen-minute units per year. The changes in the daily, weekly, and
annual limits would stagger services so that they may be provided consistently
over the course of a year.
The current reimbursement rate is $91 per unit in urban areas
and $83 per unit in rural areas. Under the new system, the rate for one
15-munite unit would be $14.77 in urban areas and $13.47 in rural areas.
According to DMAS, under the new unit and rate structure, the total
expenditures would increase if the maximum limits are billed. However, with the
new daily and weekly limits in the unit structure maximum yearly limit would be
more difficult to achieve.
The proposed changes in the limits, units, and rates are
designed according to a budget neutral methodology and may not affect total
MHSS expenditures. While the new changes may be budget neutral overall, the
impact on each provider and individual would certainly be specific and
different. However, as mentioned above the changes in the limits, the unit of
service, and the rate of reimbursement will not be implemented until the General
Assembly has reviewed the impact of the proposed regulations. Thus, no economic
impact is expected from these changes until they are implemented.
Businesses and Entities Affected. The proposed regulations
primarily effect MHSS providers, recipients, DMAS, and the state and federal
government. Per DBHDS Office of Licensing, there were 265 MH Support providers
as of July 2013 and there are 316 providers currently. The number of
unduplicated recipients was 14,830 in December 2013 and 10,851 in December 2014.
Localities Particularly Affected. The regulations do not affect
any particular locality more than others.
Projected Impact on Employment. The proposed changes are
estimated to curtail MHSS expenditures by about $78.7 million or more per year.
Reduction of this magnitude in revenues of MHSS providers would undoubtedly
have a negative impact on their demand for labor and have a negative impact on
employment in the Commonwealth.
Effects on the Use and Value of Private Property. Similarly,
estimated impact of $78.7 million reduction in revenues would have a negative
impact on profitability and therefore the asset value of MHSS providers.
Small Businesses: Costs and Other Effects. The proposed
amendments primarily affect MHSS providers. Most of the providers are believed
to be small businesses. Thus, the effects discussed above apply to them.
Small Businesses: Alternative Method that Minimizes Adverse
Impact. The proposed changes are designed to curtail the abuse in provision and
utilization of MHSS. There is no known alternative method that would minimize
the adverse impact on providers while accomplishing the same goals.
Real Estate Development Costs. The proposed amendments are
unlikely to affect real estate development costs.
Legal Mandate.
General: The Department of Planning and Budget (DPB) has
analyzed the economic impact of this proposed regulation in accordance with
§ 2.2-4007.04 of the Code of Virginia and Executive Order Number 17
(2014). Section 2.2-4007.04 requires that such economic impact analyses determine
the public benefits and costs of the proposed amendments. Further the report
should include but not be limited to:
• the projected number of businesses or other entities to whom
the proposed regulation would apply,
• the identity of any localities and types of businesses or
other entities particularly affected,
• the projected number of persons and employment positions to
be affected,
• the projected costs to affected businesses or entities to
implement or comply with the regulation, and
• the impact on the use and value of private property.
Small Businesses: If the proposed regulation will have
an adverse effect on small businesses, § 2.2-4007.04 requires that such
economic impact analyses include:
• an identification and estimate of the number of small
businesses subject to the proposed regulation,
• the projected reporting, recordkeeping, and other
administrative costs required for small businesses to comply with the proposed
regulation, including the type of professional skills necessary for preparing
required reports and other documents,
• a statement of the probable effect of the proposed regulation
on affected small businesses, and
• a description of any less intrusive or less costly
alternative methods of achieving the purpose of the proposed regulation.
Additionally, pursuant to § 2.2-4007.1, if there is a
finding that a proposed regulation may have an adverse impact on small
business, the Joint Commission on Administrative Rules is notified at the time
the proposed regulation is submitted to the Virginia Register of Regulations
for publication. This analysis shall represent DPB's best estimate for the
purposes of public review and comment on the proposed regulation.
Agency's Response to Economic Impact Analysis: The
agency has reviewed the economic impact analysis prepared by the Department of
Planning and Budget regarding the regulations concerning Mental Health
Skill-building Services (12VAC30-50-226; 12VAC30-60-143). The agency concurs
with this analysis.
Summary:
The proposed amendments (i) change the service's name from
"mental health support services" to "mental health
skill-building services"; (ii) change the rate structure to an hourly unit
and decrease the number of hours per day that an individual may receive this
service; (iii) increase the annual limits; (iv) prohibit overlap with similar
services; (v) reduce the number of hours of services that may be provided in an
assisted living facility and Level A or Level B group home; (vi) require that
providers communicate important information to other health care professionals
who are providing care to the same individuals; and (vii) require service
authorization for crisis intervention and crisis stabilization services.
12VAC30-50-226. Community mental health services.
A. Definitions. The following words and terms when used in
this section shall have the following meanings unless the context clearly
indicates otherwise:
"Activities of daily living" or "ADLs"
means personal care tasks such as bathing, dressing, toileting, transferring,
and eating or feeding. An individual's degree of independence in performing
these activities is a part of determining appropriate level of care and service
needs.
"Affiliated" means any entity or property in
which a provider or facility has a direct or indirect ownership interest of
5.0% or more, or any management, partnership, or control of an entity.
"Behavioral health services administrator" or
"BHSA" means an entity that manages or directs a behavioral health
benefits program under contract with DMAS. DMAS' designated BHSA shall be
authorized to constitute, oversee, enroll, and train a provider network;
perform service authorization; adjudicate claims; process claims; gather and
maintain data; reimburse providers; perform quality assessment and improvement;
conduct member outreach and education; resolve member and provider issues; and
perform utilization management including care coordination for the provision of
Medicaid-covered behavioral health services. Such authority shall include
entering into or terminating contracts with providers in accordance with DMAS
authority pursuant to 42 CFR Part 1002 and § 32.1-325 D and E of the Code
of Virginia. DMAS shall retain authority for and oversight of the BHSA entity
or entities.
"Certified prescreener" means an employee of either
the local community services board/behavioral health authority or its designee
who is skilled in the assessment and treatment of mental illness and who has
completed a certification program approved by DBHDS.
"Clinical experience" means practical experience
in providing direct services on a full-time basis (or the equivalent part-time
experience as determined by DBHDS in the document entitled Human Services and
Related Fields Approved Degrees/Experience, issued March 12,2013, revised May
3, 2013) to individuals with medically-documented diagnoses of mental illness
or intellectual/developmental disability or the provision of direct geriatric
services or full-time (or the equivalent part-time experience) special
education services, for the purpose of rendering (i) mental health day
treatment/partial hospitalization, (ii) intensive community treatment, (iii)
psychosocial rehabilitation, (iv) mental health support skill
building, (v) crisis stabilization, or (vi) crisis intervention services,
practical experience in providing direct services to individuals with diagnoses
of mental illness or intellectual disability or the provision of direct
geriatric services or special education services. Experience shall include
supervised internships, supervised practicums, or supervised field experience.
Experience shall not include unsupervised internships, unsupervised practicums,
and unsupervised field experience. This required clinical experience shall
be calculated as set forth in DBHDS document entitled Human Services and
Related Fields Approved Degrees/Experience, issued March 12, 2013, revised May
3, 2013. The equivalency of part-time hours to full-time hours for the
purpose of this requirement shall be established by DBHDS in the document
titled Human Services and Related Fields Approved Degrees/Experience, issued
March 12, 2013, revised May 3, 2013.
"Code" means the Code of Virginia.
"DBHDS" means the Department of Behavioral Health
and Developmental Services consistent with Chapter 3 (§ 37.2-300 et seq.)
of Title 37.2 of the Code of Virginia.
"DMAS" means the Department of Medical Assistance
Services and its contractor or contractors consistent with Chapter 10 (§
32.1-323 et seq.) of Title 32.1 of the Code of Virginia.
"DSM-IV-TR" means the Diagnostic and Statistical
Manual of Mental Disorders, Fourth Edition, Text Revision, copyright 2000,
American Psychiatric Association.
"DSM-5" means the Diagnostic and Statistical
Manual of Mental Disorders, Fifth Edition, copyright 2013, American Psychiatric
Association.
"Human services field" means the same as the
term is defined by DBHDS in the guidance document entitled Human
Services and Related Fields Approved Degrees/Experience, issued March 12, 2013,
revised May 3, 2013.
"Instrumental activities of daily living skills"
or "IADLS" means tasks such as meal preparation, shopping,
housekeeping, and laundry. An individual's degree of independence in performing
these activities is a part of determining appropriate level of care and service
needs.
"Individual" means the patient, client,
or recipient of services described in this section.
"Individual service plan" or "ISP" means
a comprehensive and regularly updated treatment plan specific to the
individual's unique treatment needs as identified in the clinical assessment
service-specific provider intake. The ISP contains, but is not
limited to, his the individual's treatment or training needs,
his the individual's goals and measurable objectives to meet the
identified needs, services to be provided with the recommended frequency to
accomplish the measurable goals and objectives, the estimated timetable for
achieving the goals and objectives, and an individualized discharge plan that
describes transition to other appropriate services. The individual shall be
included in the development of the ISP and the ISP shall be signed by the
individual. If the individual is a minor child, the ISP shall also be
signed by the individual's parent/legal guardian. Documentation shall be
provided if the individual, who is a minor child or an adult who lacks
legal capacity, is unable or unwilling to sign the ISP.
"Individualized training" means training in
functional skills and appropriate behavior related to the individual's health
and safety, instrumental activities of daily living skills, and use of
community resources; assistance with medical management; and monitoring health,
nutrition, and physical condition. The training shall be based on a variety of
approaches or tools to organize and guide the individual's life planning and
shall be rooted in what is important to the individual while taking into
account all other factors that affect his life, including effects of the
disability and issues of health and safety.
"Licensed mental health professional" or
"LMHP" means a licensed physician, licensed clinical psychologist,
licensed professional counselor, licensed clinical social worker, licensed
substance abuse treatment practitioner, licensed marriage and family therapist,
or certified psychiatric clinical nurse specialist the same as defined
in 12VAC35-105-20.
"LMHP-resident" or "LMHP-R" means the
same as "resident" as defined in (i) 18VAC115-20-10 for licensed
professional counselors; (ii) 18VAC115-50-10 for licensed marriage and family
therapists; or (iii) 18VAC115-60-10 for licensed substance abuse treatment
practitioners. An LMHP-resident shall be in continuous compliance with the
regulatory requirements of the applicable counseling profession for supervised
practice and shall not perform the functions of the LMHP-R or be considered a
"resident" until the supervision for specific clinical duties at a
specific site has been preapproved in writing by the Virginia Board of
Counseling. For purposes of Medicaid reimbursement to their supervisors for
services provided by such residents, they shall use the title
"Resident" in connection with the applicable profession after their
signatures to indicate such status.
"LMHP-resident in psychology" or
"LMHP-RP" means the same as an individual in a residency, as that
term is defined in 18VAC125-20-10, program for clinical psychologists. An
LMHP-resident in psychology shall be in continuous compliance with the
regulatory requirements for supervised experience as found in 18VAC125-20-65
and shall not perform the functions of the LMHP-RP or be considered a
"resident" until the supervision for specific clinical duties at a
specific site has been preapproved in writing by the Virginia Board of
Psychology. For purposes of Medicaid reimbursement by supervisors for services
provided by such residents, they shall use the title "Resident in
Psychology" after their signatures to indicate such status.
"LMHP-supervisee in social work,"
"LMHP-supervisee," or "LMHP-S" means the same as
"supervisee" is defined in 18VAC140-20-10 for licensed clinical social
workers. An LMHP-supervisee in social work shall be in continuous compliance
with the regulatory requirements for supervised practice as found in
18VAC140-20-50 and shall not perform the functions of the LMHP-S or be
considered a "supervisee" until the supervision for specific clinical
duties at a specific site is preapproved in writing by the Virginia Board of
Social Work. For purposes of Medicaid reimbursement to their supervisors for
services provided by supervisees, these persons shall use the title
"Supervisee in Social Work" after their signatures to indicate such
status.
"Qualified mental health professional-adult" or
"QMHP-A" means the same as defined in 12VAC35-105-20.
"Qualified mental health professional-child" or
"QMHP-C" means the same as defined in 12VAC35-105-20.
"Qualified mental health professional-eligible" or
"QMHP-E" means the same as defined in 12VAC35-105-20.
"Qualified paraprofessional in mental health" or
"QPPMH" means the same as defined in 12VAC35-105-20.
"Register" or "registration" means
notifying DMAS or its contractor that an individual will be receiving services
that do not require service authorization.
"Review of ISP" means that the provider
evaluates and updates the individual's progress toward meeting the individualized
service plan objectives and documents the outcome of this review. For DMAS to
determine that these reviews are satisfactory and complete, the reviews shall
(i) update the goals, objectives, and strategies of the ISP to reflect any
change in the individual's progress and treatment needs as well as any newly
identified problems; (ii) be conducted in a manner that enables the individual
to participate in the process; and (iii) be documented in the individual's
medical record no later than 15 calendar days from the date of the review.
"Service authorization" means the process to
approve specific services for an enrolled Medicaid, FAMIS Plus, or FAMIS
individual by a DMAS service authorization contractor prior to service delivery
and reimbursement in order to validate that the service requested is medically
necessary and meets DMAS and DMAS contractor criteria for reimbursement.
Service authorization does not guarantee payment for the service.
"Service-specific provider intake" means the
same as defined in 12VAC30-50-130 and also includes individuals who are older
than 21 years of age.
B. Mental health services. The following services, with their
definitions, shall be covered: day treatment/partial hospitalization,
psychosocial rehabilitation, crisis services, intensive community treatment
(ICT), and mental health supports skill building. Staff travel
time shall not be included in billable time for reimbursement.
1. These services, in order to be covered, shall meet medical
necessity criteria based upon diagnoses made by LMHPs who are practicing within
the scope of their licenses and are reflected in provider records and on
providers' claims for services by recognized diagnosis codes that support and
are consistent with the requested professional services.
2. These services are intended to be delivered in a
person-centered manner. The individuals who are receiving these services shall
be included in all service planning activities. All services which do not
require service authorization require registration. This registration shall
transmit to DMAS or its contractor (i) the individual's name and Medicaid
identification number; (ii) the specific service to be provided, the relevant
procedure code and begin date of the service; and (iii) the provider's name and
NPI, a provider contact name and phone number, and email address.
3. Day treatment/partial hospitalization services shall be
provided in sessions of two or more consecutive hours per day, which may be
scheduled multiple times per week, to groups of individuals in a nonresidential
setting. These services, limited annually to 780 units, include the major
diagnostic, medical, psychiatric, psychosocial, and psychoeducational treatment
modalities designed for individuals who require coordinated, intensive, comprehensive,
and multidisciplinary treatment but who do not require inpatient treatment. One
unit of service shall be defined as a minimum of two but less than four hours
on a given day. Two units of service shall be defined as at least four but less
than seven hours in a given day. Three units of service shall be defined as
seven or more hours in a given day. Authorization is required for Medicaid
reimbursement.
a. Day treatment/partial hospitalization services shall be
time limited interventions that are more intensive than outpatient services and
are required to stabilize an individual's psychiatric condition. The services
are delivered when the individual is at risk of psychiatric hospitalization or
is transitioning from a psychiatric hospitalization to the community. The
service-specific provider intake, as defined at 12VAC30-50-130, shall document
the individual's behavior and describe how the individual is at risk of
psychiatric hospitalization or is transitioning from a psychiatric
hospitalization to the community.
b. Individuals qualifying for this service must demonstrate a
clinical necessity for the service arising from mental, behavioral, or
emotional illness that results in significant functional impairments in major
life activities. Individuals must meet at least two of the following criteria
on a continuing or intermittent basis:
(1) Experience difficulty in establishing or maintaining
normal interpersonal relationships to such a degree that they are at risk of
hospitalization or homelessness or isolation from social supports;
(2) Experience difficulty in activities of daily living such
as maintaining personal hygiene, preparing food and maintaining adequate
nutrition, or managing finances to such a degree that health or safety is
jeopardized;
(3) Exhibit such inappropriate behavior that the individual
requires repeated interventions or monitoring by the mental health, social
services, or judicial system that have been documented; or
(4) Exhibit difficulty in cognitive ability such that they are
unable to recognize personal danger or recognize significantly inappropriate
social behavior.
c. Individuals shall be discharged from this service when they
are no longer in an acute psychiatric state and other less intensive services
may achieve psychiatric stabilization.
d. Admission and services for time periods longer than 90
calendar days must be authorized based upon a face-to-face evaluation by a
physician, psychiatrist, licensed clinical psychologist, licensed professional
counselor, licensed clinical social worker, or psychiatric clinical nurse
specialist.
e. These services may only be rendered by either an LMHP,
LMHP-supervisee, LMHP-resident, LMHP-RP, QMHP-A, QMHP-C, QMHP-E, or a QPPMH.
4. Psychosocial rehabilitation shall be provided at least two
or more hours per day to groups of individuals in a nonresidential setting.
These services, limited annually to 936 units, include assessment, education to
teach the patient about the diagnosed mental illness and appropriate
medications to avoid complication and relapse, opportunities to learn and use
independent living skills and to enhance social and interpersonal skills within
a supportive and normalizing program structure and environment. One unit of
service is defined as a minimum of two but less than four hours on a given day.
Two units are defined as at least four but less than seven hours in a given
day. Three units of service shall be defined as seven or more hours in a given
day. Authorization is required for Medicaid reimbursement. The service-specific
provider intake, as defined at 12VAC30-50-130, shall document the individual's
behavior and describe how the individual meets criteria for this service.
a. Individuals qualifying for this service must demonstrate a
clinical necessity for the service arising from mental, behavioral, or
emotional illness that results in significant functional impairments in major
life activities. Services are provided to individuals: (i) who without these
services would be unable to remain in the community or (ii) who meet at least
two of the following criteria on a continuing or intermittent basis:
(1) Experience difficulty in establishing or maintaining
normal interpersonal relationships to such a degree that they are at risk of
psychiatric hospitalization, homelessness, or isolation from social supports;
(2) Experience difficulty in activities of daily living such
as maintaining personal hygiene, preparing food and maintaining adequate
nutrition, or managing finances to such a degree that health or safety is
jeopardized;
(3) Exhibit such inappropriate behavior that repeated
interventions documented by the mental health, social services, or judicial
system are or have been necessary; or
(4) Exhibit difficulty in cognitive ability such that they are
unable to recognize personal danger or significantly inappropriate social
behavior.
b. These services may only be rendered by either an LMHP,
LMHP-supervisee, LMHP-resident, LMHP-RP, QMHP-A, QMHP-C, QMHP-E, or a
QPPMH.
5. Crisis intervention shall provide immediate mental health
care, available 24 hours a day, seven days per week, to assist individuals who
are experiencing acute psychiatric dysfunction requiring immediate clinical
attention. This service's objectives shall be to prevent exacerbation of a
condition, to prevent injury to the client or others, and to provide treatment
in the context of the least restrictive setting. Crisis intervention activities
shall include assessing the crisis situation, providing short-term counseling
designed to stabilize the individual, providing access to further immediate
assessment and follow-up, and linking the individual and family with ongoing
care to prevent future crises. Crisis intervention services may include office
visits, home visits, preadmission screenings, telephone contacts, and other
client-related activities for the prevention of institutionalization. The
service-specific provider intake, as defined at 12VAC30-50-130, shall document
the individual's behavior and describe how the individual meets criteria for
this service. The provision of this service to an individual shall be
registered with either DMAS or the BHSA within one business day or the
completion of the service-specific provider intake to avoid duplication of
services and to ensure informed care coordination. Authorization shall be
required for Medicaid reimbursement.
a. Individuals qualifying for this service must demonstrate a
clinical necessity for the service arising from an acute crisis of a
psychiatric nature that puts the individual at risk of psychiatric
hospitalization. Individuals must meet at least two of the following criteria
at the time of admission to the service:
(1) Experience difficulty in establishing or maintaining
normal interpersonal relationships to such a degree that they are at risk of psychiatric
hospitalization, homelessness, or isolation from social supports;
(2) Experience difficulty in activities of daily living such
as maintaining personal hygiene, preparing food and maintaining adequate
nutrition, or managing finances to such a degree that health or safety is
jeopardized;
(3) Exhibit such inappropriate behavior that immediate
interventions documented by mental health, social services, or the judicial
system are or have been necessary; or
(4) Exhibit difficulty in cognitive ability such that they are
unable to recognize personal danger or significantly inappropriate social
behavior.
b. The annual limit for crisis intervention is 720 units per
year. A unit shall equal 15 minutes.
c. These services may only be rendered by an LMHP, an
LMHP-supervisee, LMHP-resident, LMHP-RP, or a certified prescreener.
6. Intensive community treatment (ICT), initially covered for
a maximum of 26 weeks based on an initial service-specific provider intake and
may be reauthorized for up to an additional 26 weeks annually based on written
intake and certification of need by a licensed mental health provider (LMHP),
shall be defined by 12VAC35-105-20 or LMHP-S, LMHP-R, and LMHP-RP and shall
include medical psychotherapy, psychiatric assessment, medication management,
and care coordination activities offered to outpatients outside the clinic,
hospital, or office setting for individuals who are best served in the
community. Authorization is required for Medicaid reimbursement.
a. To qualify for ICT, the individual must meet at least one
of the following criteria:
(1) The individual must be at high risk for psychiatric
hospitalization or becoming or remaining homeless due to mental illness or
require intervention by the mental health or criminal justice system due to
inappropriate social behavior.
(2) The individual has a history (three months or more) of a
need for intensive mental health treatment or treatment for co-occurring
serious mental illness and substance use disorder and demonstrates a resistance
to seek out and utilize appropriate treatment options.
b. A written, service-specific provider intake, as defined at
12VAC30-50-130, that documents the individual's eligibility and the need for
this service must be completed prior to the initiation of services. This intake
must be maintained in the individual's records.
c. An individual service plan shall be initiated at the time
of admission and must be fully developed, as defined in this section, within 30
days of the initiation of services.
d. The annual unit limit shall be 130 units with a unit
equaling one hour.
e. These services may only be rendered by a team that meets
the requirements of 12VAC35-105-1370.
7. Crisis stabilization services for nonhospitalized
individuals shall provide direct mental health care to individuals experiencing
an acute psychiatric crisis which may jeopardize their current community living
situation. Authorization shall be required for Medicaid reimbursement.
Services may be authorized for up to a 15-day period per crisis episode
following a face-to-face service-specific provider intake by an LMHP,
LMHP-supervisee, LMHP-resident, or LMHP-RP. Only one unit of service shall be
reimbursed for this intake. The provision of this service to an individual
shall be registered with either DMAS or the BHSA within one calendar day of the
completion of the service-specific provider intake to avoid duplication of
services and to ensure informed care coordination. See 12VAC30-50-226 B
for registration requirements.
a. The goals of crisis stabilization programs shall be to
avert hospitalization or rehospitalization, provide normative environments with
a high assurance of safety and security for crisis intervention, stabilize
individuals in psychiatric crisis, and mobilize the resources of the community
support system and family members and others for on-going maintenance and
rehabilitation. The services must be documented in the individual's records as
having been provided consistent with the ISP in order to receive Medicaid
reimbursement.
b. The crisis stabilization program shall provide to
individuals, as appropriate, psychiatric assessment including medication
evaluation, treatment planning, symptom and behavior management, and individual
and group counseling.
c. This service may be provided in any of the following
settings, but shall not be limited to: (i) the home of an individual who lives
with family or other primary caregiver; (ii) the home of an individual who
lives independently; or (iii) community-based programs licensed by DBHDS to
provide residential services but which are not institutions for mental disease
(IMDs).
d. This service shall not be reimbursed for (i) individuals
with medical conditions that require hospital care; (ii) individuals with
primary diagnosis of substance abuse; or (iii) individuals with psychiatric
conditions that cannot be managed in the community (i.e., individuals who are
of imminent danger to themselves or others).
e. The maximum limit on this service is 60 days annually.
f. Services must be documented through daily progress notes
and a daily log of times spent in the delivery of services. The
service-specific provider intake, as defined at 12VAC30-50-130, shall document
the individual's behavior and describe how the individual meets criteria for
this service. Individuals qualifying for this service must demonstrate a
clinical necessity for the service arising from an acute crisis of a
psychiatric nature that puts the individual at risk of psychiatric hospitalization.
Individuals must meet at least two of the following criteria at the time of
admission to the service:
(1) Experience difficulty in establishing and maintaining
normal interpersonal relationships to such a degree that the individual is at
risk of psychiatric hospitalization, homelessness, or isolation from social
supports;
(2) Experience difficulty in activities of daily living such
as maintaining personal hygiene, preparing food and maintaining adequate
nutrition, or managing finances to such a degree that health or safety is
jeopardized;
(3) Exhibit such inappropriate behavior that immediate
interventions documented by the mental health, social services, or judicial
system are or have been necessary; or
(4) Exhibit difficulty in cognitive ability such that the
individual is unable to recognize personal danger or significantly
inappropriate social behavior.
g. These services may only be rendered by an LMHP,
LMHP-supervisee, LMHP-resident, LMHP-RP, QMHP-A, QMHP-C, QMHP-E or a certified
prescreener.
8. Mental health support skill-building services
(MHSS) shall be defined as goal-directed training and supports to
enable individuals to achieve and maintain community stability and independence
in the most appropriate, least restrictive environment. Authorization is
required for Medicaid reimbursement. Services that are rendered before the date
of service authorization shall not be reimbursed. These services may be
authorized up to six consecutive months as long as the individual meets the
coverage criteria for this service. The service-specific provider intake, as
defined at 12VAC30-50-130, shall document the individual's behavior and
describe how the individual meets criteria for this service. This program
These services shall provide goal-directed training in the
following services areas in order to be reimbursed by Medicaid or
the BHSA: training in or reinforcement of (i) functional
skills and appropriate behavior related to the individual's health and safety, instrumental
activities of daily living, and use of community resources; (ii)
assistance with medication management; and (iii) monitoring of
health, nutrition, and physical condition with goals towards self-monitoring
and self-regulation of all of these activities. Providers shall be reimbursed
only for training activities defined in the ISP and only where services meet
the service definition, eligibility, and service provision criteria and this
section. Service-specific provider intakes shall be repeated for all
individuals who have received at least six months of MHSS to determine the
continued need for this service.
a. Individuals qualifying for this service must shall
demonstrate a clinical necessity for the service arising from a condition due
to mental, behavioral, or emotional illness that results in significant
functional impairments in major life activities. Services are provided to
individuals who without these services would be unable to remain in the
community. The individual must meet at least two of the following criteria on a
continuing or intermittent basis: Services are provided to individuals
who require individualized goal-directed training in order to achieve or
maintain stability and independence in the community.
(1) Have difficulty in establishing or maintaining normal
interpersonal relationships to such a degree that the individual is at risk of
psychiatric hospitalization or homelessness or isolation from social supports;
(2) Require help in basic living skills such as maintaining
personal hygiene, preparing food and maintaining adequate nutrition or managing
finances to such a degree that health or safety is jeopardized;
(3) Exhibit such inappropriate behavior that repeated
interventions documented by the mental health, social services, or judicial
system are or have been necessary; or
(4) Exhibit difficulty in cognitive ability such that they
are unable to recognize personal danger or recognize significantly
inappropriate social behavior.
b. The individual must demonstrate functional impairments
in major life activities. This may include individuals with a dual diagnosis of
either mental illness and intellectual disability, or mental illness and
substance abuse disorder. Individuals ages 21 and older shall meet all
of the following criteria in order to be eligible to receive mental health
skill-building services:
(1) The individual shall have one of the following as a
primary mental health diagnosis:
(a) Schizophrenia or other psychotic disorder as set out in
the DSM-IV-TR or DSM-5;
(b) Major depressive disorder;
(c) Recurrent Bipolar I or Bipolar II; or
(d) Any other serious mental health disorder that a
physician has documented specific to the identified individual within the past
year and that includes all of the following: (i) is a serious mental illness;
(ii) results in severe and recurrent disability; (iii) produces functional
limitations in the individual's major life activities that are documented in
the individual's medical record; and (iv) requires individualized training for
the individual in order to achieve or maintain independent living in the
community.
(2) The individual shall require individualized
goal-directed training in order to acquire or maintain self-regulation of basic
living skills, such as symptom management; adherence to psychiatric and physical
health medication treatment plans; appropriate use of social skills and
personal support systems; skills to manage personal hygiene, food preparation,
and the maintenance of personal adequate nutrition; money management; and use
of community resources.
(3) The individual shall have a prior history of any of the
following: (i) psychiatric hospitalization; (ii) either residential or
nonresidential crisis stabilization; (iii) intensive community treatment (ICT)
or program of assertive community treatment (PACT) services; (iv) placement in
a psychiatric residential treatment facility (RTC-Level C) as a result of
decompensation related to the individual's serious mental illness; or (v) a
temporary detention order (TDO) evaluation, pursuant to § 37.2-809 B of the
Code of Virginia. This criterion shall be met in order to be initially admitted
to services and not for subsequent authorizations of service. Discharge
summaries from prior providers that clearly indicate (i) the type of treatment
provided, (ii) the dates of the treatment previously provided, and (iii) the
name of the treatment provider shall be sufficient to meet this requirement.
Family member statements shall not suffice to meet this requirement.
(4) The individual shall have had a prescription for
antipsychotic, mood stabilizing, or antidepressant medications within the 12
months prior to the service-specific provider intake date. If a physician or
other practitioner who is authorized by his license to prescribe medications
indicates that antipsychotic, mood stabilizing, or antidepressant medications
are medically contraindicated for the individual, the provider shall obtain
medical records signed by the physician or other licensed prescriber detailing
the contraindication. This documentation shall be maintained in the
individual's mental health skill-building services record, and the provider
shall document and describe how the individual will be able to actively
participate in and benefit from services without the assistance of medication.
This criterion shall be met upon admission to services and shall not be
required for subsequent authorizations of service. Discharge summaries from
prior providers that clearly indicate (i) the type of treatment provided, (ii)
the dates of the treatment previously provided, and (iii) the name of the
treatment provider shall be sufficient to meet this requirement. Family member
statements shall not suffice to meet this requirement.
c. Individuals younger than 21 years of age shall meet all
of the following criteria in order to be eligible to receive mental health
skill-building services:
(1) The individual, aged 16 years up to 21 years, shall not
be living in a supervised setting (such as a foster home, group home, or other
paid placement) and is providing for his own financial support or such an
individual shall be actively transitioning into an independent living situation
that is not a supervised setting (such as a foster home, group home, or other
paid placement) and is providing for his own financial support. If the
individual is transitioning into an independent living situation, MHSS shall
only be authorized for up to six months prior to the date of transition;
(2) The individual shall have at least one of the following
as a primary mental health diagnosis:
(a) Schizophrenia or other psychotic disorder as set out in
the DSM-IV-TR or DSM-5;
(b) Major depressive disorder;
(c) Recurrent Bipolar-I or Bipolar II; or
(d) Any other serious mental health disorder that a
physician has documented specific to the identified individual within the past
year and that includes all of the following: (i) is a serious mental illness or
serious emotional disturbance; (ii) results in severe and recurrent disability;
(iii) produces functional limitations in the individual's major life activities
that are documented in the individual's medical record; and (iv) requires
individualized training for the individual in order to achieve or maintain
independent living in the community;
(3) The individual shall require individualized goal-directed
training in order to acquire or maintain self-regulation of basic living skills
such as symptom management; adherence to psychiatric and physical health
medication treatment plans; appropriate use of social skills and personal
support systems; skills to manage personal hygiene, food preparation, and the
maintenance of personal adequate nutrition; money management; and use of
community resources.
(4) The individual shall have a prior history of any of the
following: (i) psychiatric hospitalization; (ii) either residential or
nonresidential crisis stabilization; (iii) intensive community treatment (ICT)
or program of assertive community treatment (PACT) services; (iv) placement in
a psychiatric residential treatment facility (RTC-Level C) as a result of
decompensation related to the individual's serious mental illness; or (v)
temporary detention order (TDO) evaluation pursuant to § 37.2-809 B of the Code
of Virginia,. This criterion shall be met in order to be initially admitted to
services and not for subsequent authorizations of service. Discharge summaries
from prior providers that clearly indicate (i) the type of treatment provided,
(ii) the dates of the treatment previously provided, and (iii) the name of the
treatment provider shall be sufficient to meet this requirement. Family member
statements shall not suffice to meet this requirement.
(5) The individual shall have had a prescription for
antipsychotic, mood stabilizing, or antidepressant medications, within the 12
months prior to the assessment date. If a physician or other practitioner who
is authorized by his license to prescribe medications indicates that
antipsychotic, mood stabilizing, or antidepressant medications are medically
contraindicated for the individual, the provider shall obtain medical records
signed by the physician or other licensed prescriber detailing the
contraindication. This documentation of medication management shall be
maintained in the individual's mental health skill-building services record.
For individuals not prescribed antipsychotic, mood stabilizing, or
antidepressant medications, the provider shall have documentation from the
medication management physician describing how the individual will be able to
actively participate in and benefit from services without the assistance of
medication. This criterion shall be met in order to be initially admitted to
services and not for subsequent authorizations of service. Discharge summaries
from prior providers that clearly indicate (i) the type of treatment provided,
(ii) the dates of the treatment previously provided, and (iii) the name of the
treatment provider shall be sufficient to meet this requirement. Family member
statements shall not suffice to meet this requirement.
(6) An independent clinical assessment, established in
12VAC30-130-3020, shall be completed for the individual.
c. d. Service-specific provider intakes shall be
required at the onset of services and individual service plans (ISPs) shall be
required during the entire duration of services. Services based upon
incomplete, missing, or outdated service-specific provider intakes or ISPs
shall be denied reimbursement. Requirements for provider-specific service-specific
provider intakes and ISPs are set out in 12VAC30-50-130.
d. e. The yearly limit for mental health support
skill-building services is 372 units. Only direct face-to-face
contacts and services to the individual shall be reimbursable. One unit is
at least one hour but less than three hours.
e. f. These services may only be rendered by an
LMHP, LMHP-supervisee, LMHP-resident, QMHP-A, QMHP-C, QMHP-E, or QPPMH.
g. The provider shall clearly document details of the
services provided during the entire amount of time billed.
h. The ISP shall not include activities that contradict or
duplicate those in the treatment plan established by the group home or assisted
living facility. The provider shall attempt to coordinate mental health
skill-building services with the treatment plan established by the group home
or assisted living facility and shall document all coordination activities in
the medical record.
i. Limits and exclusions.
(1) Group home (Level A or B) and assisted living facility
providers shall not serve as the mental health skill-building services provider
for individuals residing in the provider's respective facility. Individuals
residing in facilities may, however, receive MHSS from another MHSS agency not
affiliated with the owner of the facility in which they reside.
(2) Mental health skill-building services shall not be
reimbursed for individuals who are receiving in-home residential services or
congregate residential services through the Intellectual Disability Waiver or
Individual and Family Developmental Disabilities Support Waiver.
(3) Mental health skill-building services shall not be reimbursed
for individuals who are also receiving services under the Department of Social
Services independent living program (22VAC40-151), independent living services
(22VAC40-151 and 22VAC40-131), or independent living arrangement (22VAC40-131)
or any Comprehensive Services Act-funded independent living skills programs.
(4) Mental health skill-building services shall not be
available to individuals who are receiving treatment foster care
(12VAC30-130-900 et seq.).
(5) Mental health skill-building services shall not be
available to individuals who reside in intermediate care facilities for
individuals with intellectual disabilities or hospitals.
(6) Mental health skill-building services shall not be
available to individuals who reside in nursing facilities, except for up to 60
days prior to discharge. If the individual has not been discharged from the
nursing facility during the 60-day period of services, mental health
skill-building services shall be terminated and no further service
authorizations shall be available to the individual unless a provider can
demonstrate and document that mental health skill-building services are
necessary. Such documentation shall include facts demonstrating a change in the
individual's circumstances and a new plan for discharge requiring up to 60 days
of mental health skill-building services.
(7) Mental health skill-building services shall not be
available for residents of residential treatment centers (Level C facilities)
except for the intake code H0032 (modifier U8) in the seven days immediately
prior to discharge.
(8) Mental health skill-building services shall not be
reimbursed if personal care services or attendant care services are being
received simultaneously, unless justification is provided why this is necessary
in the individual's mental health skill-building services record. Medical
record documentation shall fully substantiate the need for services when
personal care or attendant care services are being provided. This applies to
individuals who are receiving additional services through the Intellectual
Disability Waiver (12VAC30-120-1000 et seq.), Individual and Family
Developmental Disabilities Support Waiver (12VAC30-120-700 et seq.), the
Elderly or Disabled with Consumer Direction Waiver (12VAC30-120-900 et seq.),
and EPSDT services (12VAC30-50-130).
(9) Mental health skill-building services shall not be
duplicative of other services. Providers shall be required to ensure that if an
individual is receiving additional therapeutic services that there will be
coordination of services by either the LMHP, LMHP-supervisee, LMHP-resident,
LMHP-resident in psychology, QMHP-A, QMHP-C, or QMHP-E to avoid duplication of
services.
(10) Individuals who have organic disorders, such as
delirium, dementia, or other cognitive disorders not elsewhere classified, will
be prohibited from receiving mental health skill-building services unless their
physicians issue signed and dated statements indicating that the individuals
can benefit from this service.
(11) Individuals who are not diagnosed with a serious
mental health disorder but who have personality disorders or other mental
health disorders, or both, that may lead to chronic disability shall not be
excluded from the mental health skill-building services eligibility criteria
provided that the individual has a primary mental health diagnosis from the
list included in subdivision B 8 b (1) or B 8 c (2) of this section and that
the provider can document and describe how the individual is expected to
actively participate in and benefit from mental health skill-building services.
DOCUMENTS INCORPORATED BY REFERENCE (12VAC30-50)
Diagnostic and Statistical Manual of Mental Disorders, Fourth
Edition DSM-IV-TR, copyright 2000, American Psychiatric Association
Diagnostic
and Statistical Manual of Mental Disorders, Fifth Edition, DSM-5, 2013,
American Psychiatric Association
Length of Stay by Diagnosis and Operation, Southern Region,
1996, HCIA, Inc.
Guidelines for Perinatal Care, 4th Edition, August 1997,
American Academy of Pediatrics and the American College of Obstetricians and
Gynecologists
Virginia Supplemental Drug Rebate Agreement Contract and
Addenda
Office Reference Manual (Smiles for Children), prepared by
DMAS' Dental Benefits Administrator, copyright 2005
(www.dmas.virginia.gov/downloads/pdfs/dental-office_reference_manual_06-09-05.pdf)
Patient Placement Criteria for the Treatment of
Substance-Related Disorders ASAM PPC-2R, Second Edition, copyright 2001,
American Society of Addiction Medicine
Virginia Medicaid Durable Medical Equipment and
Supplies Provider Manual, Appendix B (rev. 1/11), Department of Medical
Assistance Services
Human Services and Related Fields Approved
Degrees/Experience, Department of Behavioral Health and Developmental Services
(rev. 5/13)
12VAC30-60-143. Mental health services utilization criteria;
definitions.
A. This section sets out the utilization criteria and
standards relative to the community mental health services set out in
12VAC30-50-226. Definitions. The following words and terms when used
in this section shall have the following meanings unless the context indicates
otherwise:
"Licensed mental health professional" or
"LMHP" means the same as defined in 12VAC30-50-130.
"LMHP-resident" or "LMHP-R" means the
same as defined in 12VAC30-50-130.
"LMHP-resident in psychology" or
"LMHP-RP" means the same as defined in 12VAC30-50-130.
"LMHP-supervisee in social work," "LMHP-supervisee,"
or "LMHP-S" means the same as defined in 12VAC30-50-130.
"Qualified mental health professional-adult" or
"QMHP-A" means the same as defined in 12VAC30-50-130.
"Qualified mental health professional-child" or
"QMHP-C" means the same as defined in 12VAC30-50-130.
"Qualified mental health professional-eligible" or
"QMHP-E" means the same as defined in 12VAC30-50-130.
B. Utilization reviews shall include determinations that
providers meet the following requirements:
1. The provider shall meet the federal and state requirements
for administrative and financial management capacity. The provider shall
obtain, prior to the delivery of services, and shall maintain and update
periodically as the Department of Medical Assistance Services (DMAS) or its
contractor requires, a current provider enrollment agreement for each Medicaid
service that the provider offers. DMAS shall not reimburse providers who do not
enter into a provider enrollment agreement for a service prior to offering that
service.
2. The provider shall document and maintain individual case
records in accordance with state and federal requirements.
3. The provider shall ensure eligible individuals have free
choice of providers of mental health services and other medical care under the
Individual Service Plan.
4. Providers shall comply with DMAS marketing requirements as
set out in 12VAC30-130-2000. Providers that DMAS determines have violated these
marketing requirements shall be terminated as a Medicaid provider pursuant to
12VAC30-130-2000 E. Providers whose contracts are terminated shall be afforded
the right of appeal pursuant to the Administrative Process Act (§ 2.2-4000 et
seq. of the Code of Virginia).
5. If an individual receiving community mental health
rehabilitative services is also receiving case management services pursuant to
12VAC30-50-420 or 12VAC30-50-430, the provider shall collaborate with the case
manager by notifying the case manager of the provision of community mental
health rehabilitative services and sending monthly updates on the individual's
treatment status. A discharge summary shall be sent to the care
coordinator/case manager within 30 calendar days of the discontinuation of
services. Service providers and case managers who are using the same
electronic health record for the individual shall meet requirements for
delivery of the notification, monthly updates, and discharge summary upon entry
of this documentation into the electronic health record.
6. The provider shall determine who the primary care provider
is and inform him of the individual's receipt of community mental health
rehabilitative services. The documentation shall include who was contacted,
when the contact occurred, and what information was transmitted.
7. The provider shall include the individual and the
family/caregiver, as may be appropriate, in the development of the ISP. To the
extent that the individual's condition requires assistance for participation,
assistance shall be provided. The ISP shall be updated annually or as the needs
and progress of the individual changes. An ISP that is not updated either
annually or as the treatment interventions based on the needs and progress of
the individual change shall be considered outdated. An ISP that does not
include all required elements specified in 12VAC30-50-226 shall be considered
incomplete. All ISPs shall be completed, signed, and contemporaneously dated by
the LMHP, LMHP-supervisee, LMHP-resident, LMHP-RP, QMHP-A, QMHP-C, or QMHP-E
preparing the ISP within a maximum of 30 days of the date of the completed
intake unless otherwise specified. The child's or adolescent's ISP shall also
be signed by the parent/legal guardian and the adult individual shall sign his
own. If the individual, whether a child, adolescent, or an adult, is unwilling
to sign the ISP, then the service provider shall document the clinical or other
reasons why the individual was not able or willing to sign the ISP. Signatures
shall be obtained unless there is a clinical reason that renders the individual
unable to sign the ISP.
C. Day treatment/partial hospitalization services shall be
provided following a service-specific provider intake and be authorized by
the LMHP, LMHP-supervisee, LMHP-resident, or LMHP-RP. An ISP, as defined in
12VAC30-50-226, shall be fully completed, signed, and dated by either the LMHP,
LMHP-supervisee, LMHP-resident, LMHP-RP, the QMHP-A, QMHP-E, or QMHP-C and
reviewed/approved by the LMHP, LMHP-supervisee, LMHP-resident, or LMHP-RP
within 30 days of service initiation. a diagnostic assessment and be
authorized by the physician, licensed clinical psychologist, licensed
professional counselor, licensed clinical social worker, or licensed clinical
nurse specialist-psychiatric. An ISP shall be fully completed by either the
LMHP or the QMHP-A or QMHP-C as defined in 12VAC35-105-20 within 30 days of
service initiation.
1. The enrolled provider of day treatment/partial
hospitalization shall be licensed by DBHDS as providers of day treatment
services.
2. Services shall only be provided by an LMHP, LMHP-supervisee,
LMHP-resident, or LMHP-RP, QMHP-A, QMHP-C, QMHP-E, or a qualified
paraprofessional under the supervision of a QMHP-A, QMHP-C, QMHP-E, or an LMHP,
LMHP-supervisee, LMHP-resident, or LMHP-RP as defined at 12VAC35-105-20,
except for LMHP-supervisee, LMSP-resident, and LMHP-RP, which are defined in
12VAC30-50-226.
3. The program shall operate a minimum of two continuous hours
in a 24-hour period.
4. Individuals shall be discharged from this service when
other less intensive services may achieve or maintain psychiatric
stabilization.
D. Psychosocial rehabilitation services shall be provided to
those individuals who have experienced long-term or repeated psychiatric
hospitalization, or who experience difficulty in activities of daily living and
interpersonal skills, or whose support system is limited or nonexistent, or who
are unable to function in the community without intensive intervention or when
long-term services are needed to maintain the individual in the community.
1. Psychosocial rehabilitation services shall be provided
following a service-specific provider intake that clearly documents the need
for services. This intake that shall be completed by either an LMHP,
LMHP-supervisee, LMHP-resident, or LMHP-RP. An ISP shall be completed by either
the LMHP, LMHP-supervisee, LMHP-resident, or LMHP-RP, or the QMHP-A, QMHP-E, or
QMHP-C and be reviewed/approved by either an LMHP, LMHP-supervisee,
LMHP-resident, or LMHP-RP within 30 calendar days of service initiation. At
least every three months, the LMHP, LMHP-supervisee, LMHP-resident, LMHP-RP,
the QMHP-A, QMHP-C, or QMHP-E must review, modify as appropriate, and update
the ISP.
2. Psychosocial rehabilitation services of any individual that
continue more than six months shall be reviewed by an LMHP, LMHP-supervisee,
LMHP-resident, or LMHP-RP who shall document the continued need for the
service. The ISP shall be rewritten at least annually.
3. The enrolled provider of psychosocial rehabilitation
services shall be licensed by DBHDS as a provider of psychosocial
rehabilitation or clubhouse services.
4. Psychosocial rehabilitation services may be provided by an
LMHP, LMHP-supervisee, LMHP-resident, LMHP-RP, QMHP-A, QMHP-C, QMHP-E, or a
qualified paraprofessional under the supervision of a QMHP-A, a QMHP-C, a QMHP-E,
or an LMHP, LMHP-supervisee, LMHP-resident, or LMHP-RP.
5. The program shall operate a minimum of two continuous hours
in a 24-hour period.
6. Time allocated for field trips may be used to calculate
time and units if the goal is to provide training in an integrated setting, and
to increase the individual's understanding or ability to access community
resources.
E. Crisis Admission to crisis intervention
services shall be indicated following a marked reduction in the individual's
psychiatric, adaptive or behavioral functioning or an extreme increase in
personal distress.
1. The crisis intervention services provider shall be licensed
as a provider of emergency services by DBHDS pursuant to 12VAC35-105-30.
2. Client-related activities provided in association with a
face-to-face contact are reimbursable.
3. An individual service plan (ISP) shall not be required for
newly admitted individuals to receive this service. Inclusion of crisis
intervention as a service on the ISP shall not be required for the service to
be provided on an emergency basis.
4. For individuals receiving scheduled, short-term counseling
as part of the crisis intervention service, an ISP shall be developed or
revised by the fourth face-to-face contact to reflect the short-term
counseling goals by the fourth face-to-face contact.
5. Reimbursement shall be provided for short-term crisis
counseling contacts occurring within a 30-day period from the time of the first
face-to-face crisis contact. Other than the annual service limits, there are no
restrictions (regarding number of contacts or a given time period to be
covered) for reimbursement for unscheduled crisis contacts.
6. Crisis intervention services may be provided to eligible
individuals outside of the clinic and billed, provided the provision of
out-of-clinic services is clinically/programmatically appropriate. Travel by
staff to provide out-of-clinic services shall not be reimbursable. Crisis
intervention may involve contacts with the family or significant others. If
other clinic services are billed at the same time as crisis intervention,
documentation must clearly support the separation of the services with distinct
treatment goals.
7. An LMHP, LMHP-supervisee, LMHP-resident, LMHP-RP, or a
certified prescreener, as defined in 12VAC30-50-226, shall conduct a
face-to-face service-specific provider intake. The assessment shall document
the need for and the anticipated duration of the crisis service. Crisis
intervention will be provided by an LMHP or a certified prescreener.
8. Crisis intervention shall be provided by either an LMHP,
LMHP-supervisee, LMHP-resident, LMHP-RP, or a certified prescreener.
9. For an admission to a freestanding inpatient psychiatric
facility for individuals younger than age 21, federal regulations (42 CFR
441.152) require certification of the admission by an independent team. The
independent team must include mental health professionals, including a
physician. These preadmission screenings cannot be billed unless the
requirement for an independent team certification, with a physician's
signature, is met.
10. Services shall be documented through daily notes and a
daily log of time spent in the delivery of services.
F. Case management services pursuant to 12VAC30-50-420
(seriously mentally ill adults and emotionally disturbed children) or
12VAC30-50-430 (youth at risk of serious emotional disturbance).
1. Reimbursement shall be provided only for "active"
case management clients, as defined. An active client for case management shall
mean an individual for whom there is an ISP in effect that requires regular
direct or client-related contacts or activity or communication with the
individuals or families, significant others, service providers, and others
including a minimum of one face-to-face individual contact within a 90-day
period. Billing can be submitted only for months in which direct or
client-related contacts, activity or communications occur.
2. The Medicaid eligible individual shall meet the DBHDS
criteria of serious mental illness, serious emotional disturbance in children
and adolescents, or youth at risk of serious emotional disturbance.
3. There shall be no maximum service limits for case
management services. Case management shall not be billed for persons in
institutions for mental disease.
4. The ISP shall document the need for case management and be
fully completed within 30 calendar days of initiation of the service. The case
manager shall review the ISP at least every three months. The review will be
due by the last day of the third month following the month in which the last
review was completed. A grace period will be granted up to the last day of the
fourth month following the month of the last review. When the review was
completed in a grace period, the next subsequent review shall be scheduled
three months from the month the review was due and not the date of actual
review.
5. The ISP shall also be updated at least annually.
6. The provider of case management services shall be licensed
by DBHDS as a provider of case management services.
G. Intensive community treatment (ICT).
1. A service-specific provider intake that documents
eligibility and the need for this service shall be completed by either the
LMHP, LMHP-supervisee, LMHP-resident, or LMHP-RP prior to the initiation of services.
This intake documentation shall be maintained in the individual's
records. Proper completion of the service-specific provider intake shall
comport with the requirements of 12VAC30-50-130.
2. An individual service plan, based on the needs as determined
by the service-specific provider intake, must be initiated at the time of
admission and must be fully developed by either the LMHP, LMHP-supervisee,
LMHP-resident, LMHP-RP, QMHP-A, QMHP-C, or QMHP-E and approved by the LMHP,
LMHP-supervisee, LMHP-resident, or LMHP-RP within 30 days of the initiation of
services.
3. ICT may be billed if the individual is brought to the
facility by ICT staff to see the psychiatrist. Documentation must be present in
the individual's record to support this intervention.
4. The enrolled ICT provider shall be licensed by the DBHDS as
a provider of intensive community services or as a program of assertive
community treatment, and must provide and make available emergency services
24-hours per day, seven days per week, 365 days per year, either directly or on
call.
5. ICT services must be documented through a daily log of time
spent in the delivery of services and a description of the activities/services
provided. There must also be at least a weekly note documenting progress or
lack of progress toward goals and objectives as outlined on the ISP.
H. Crisis stabilization services.
1. This service shall be authorized following a face-to-face
service-specific provider intake by either an LMHP, LMHP-supervisee,
LMHP-resident, LMHP-RP, or a certified prescreener, as defined in
12VAC30-50-226.
2. The service-specific provider intake must document the need
for crisis stabilization services.
3. The Individual Service Plan (ISP) must be developed or
revised within three calendar days of admission to this service. The LMHP,
LMHP-supervisee, LMHP-resident, LMHP-RP, certified prescreener, QMHP-A, QMHP-C,
or QMHP-E shall develop the ISP.
4. Room and board, custodial care, and general supervision are
not components of this service.
5. Clinic option services are not billable at the same time
crisis stabilization services are provided with the exception of clinic visits
for medication management. Medication management visits may be billed at the
same time that crisis stabilization services are provided but documentation
must clearly support the separation of the services with distinct treatment
goals.
6. Individuals qualifying for this service must demonstrate a
clinical necessity for the service arising from a condition due to an acute crisis
of a psychiatric nature which puts the individual at risk of psychiatric
hospitalization.
7. Providers of residential crisis stabilization shall be
licensed by DBHDS as providers of mental health residential or
nonresidential crisis stabilization services. Providers of
community-based crisis stabilization shall be licensed by DBHDS as providers of
mental health nonresidential crisis stabilization.
I. Mental health support skill-building
services as defined in 12VAC30-50-226 B 8. Refer to 12VAC30-50-226
for criteria, service authorization requirements, and service-specific provider
intakes that shall apply for individuals in order to qualify for this service.
1. Prior to At admission, an appropriate
face-to-face service-specific provider intake must be completed, conducted,
documented, signed, and dated, and documented by the LMHP,
LMHP-supervisee, LMHP-resident, or LMHP-RP indicating that service needs can
best be met through mental health support services. Providers shall be
reimbursed one unit for each intake utilizing the appropriate billing code.
Service-specific provider intakes shall be repeated when the individual
receives six months of continual care and upon any lapse in services of more
than 30 calendar days.
2. The ISP, as defined in 12VAC30-50-226, shall be
completed, signed, and dated by either a LMHP, LMHP-supervisee, LMHP-resident,
LMHP-RP, QMHP-A, QMHP-C, or QMHP-E within 30 calendar days of service
initiation, and shall indicate the specific supports and services to be
provided and the goals and objectives to be accomplished. The LMHP,
LMHP-supervisee, LMHP-resident, or LMHP-RP or QMHP-A, QMHP-C, or QMHP-E shall
supervise the care if delivered by the qualified paraprofessional. If the care
is supervised by the QMHP-A, QMHP-E, or QMHP-C, then the LMHP, LMHP-supervisee,
LMHP-resident, or LMHP-RP shall review and approve the supervision of the care
delivered by the qualified paraprofessional.
3. Every three months, the LMHP, LMHP-supervisee,
LMHP-resident, LMHP-RP, QMHP-A, QMHP-C, or QMHP-E shall review, modify as
appropriate, and update the ISP showing a new signature and date of each
revision. If the ISP review is conducted by the QMHP-A, QMHP-C, or QMHP-E, then
it shall be reviewed/approved/signed/dated by the LMHP, LMHP-supervisee, LMHP-resident,
or LMHP-RP. The ISP shall be rewritten, signed, and dated by either a QMHP-A,
QMHP-C, QMHP-E, an LMHP, LMHP-supervisee, LMHP-resident, or LMHP-RP at least
annually.
4. Only direct face-to-face contacts and services to
individuals shall be reimbursable.
5. Any services provided to the individual that are
strictly academic in nature shall not be billable. These include, but are not
limited to, such basic educational programs as instruction in reading, science,
mathematics, or the individual's work towards obtaining a GED.
6. Any services provided to individuals that are strictly
vocational in nature shall not be billable. However, support activities and
activities directly related to assisting an individual to cope with a mental
illness to the degree necessary to develop appropriate behaviors for operating
in an overall work environment shall be billable.
7. Room and board, custodial care, and general supervision
are not components of this service.
8. This service is not billable for individuals who reside
in facilities where staff are expected to provide such services under facility
licensure requirements.
9. Provider qualifications. The enrolled provider of mental
health support services shall be licensed by DBHDS as a provider of supportive
in-home services, intensive community treatment, or as a program of assertive
community treatment. Individuals employed or contracted by the provider to
provide mental health support services shall have training in the
characteristics of mental illness and appropriate interventions, training
strategies, and support methods for persons with mental illness and functional
limitations.
10. Mental health support services, which continue for six
consecutive months, shall be reviewed and renewed at the end of the six-month
period of authorization by an LMHP, LMHP-supervisee, LMHP-resident, or LMHP-RP
who shall document the continued need for the services.
11. Mental health support services shall be documented
through a daily log of time involved in the delivery of services and a minimum
of a weekly summary note of services provided.
2. The primary psychiatric diagnosis shall be documented as
part of the intake. The LMHP, LMHP-supervisee, or LMHP-resident performing the
intake shall document the primary mental health diagnosis on the intake form.
3. The LMHP, LMHP-supervisee, or LMHP-resident shall
complete, sign, and date the ISP within 30 days of the admission to this
service. The ISP shall include documentation of how many days per week and how
many hours per week are required to carry out the goals in the ISP. The total
time billed for the week shall not exceed the frequency established in the
individual's ISP. The ISP shall indicate the dated signature of the LMHP,
LMHP-supervisee, or LMHP-resident and the individual. The ISP shall indicate
the specific training and services to be provided, the goals and objectives to
be accomplished, and criteria for discharge as part of a discharge plan that
includes the projected length of service. If the individual refuses to sign the
ISP, this shall be noted in the individual's medical record documentation.
4. Every three months, the LMHP, LMHP-supervisee,
LMHP-resident, QMHP-A, QMHP-C, or QMHP-E shall review with the individual in a
manner in which he may participate with the process, modify as appropriate, and
update the ISP. The ISP must be rewritten at least annually.
a. The goals, objectives, and strategies of the ISP shall
be updated to reflect any change or changes in the individual's progress and
treatment needs as well as any newly identified problem.
b. Documentation of this review shall be added to the
individual's medical record no later than the last day of the month in which
this review is conducted, as evidenced by the dated signatures of the LMHP,
LMHP-supervisee, LMHP-resident, QMHP-A, QMHP-C, or QMHP-E and the individual.
5. The ISP shall include discharge goals that will enable
the individual to achieve and maintain community stability and independence.
The ISP shall fully support the need for interventions over the length of the
period of service requested from the service authorization contractor.
6. Reauthorizations for service shall only be granted if
the provider demonstrates to either DMAS or the service authorization
contractor that the individual is benefitting from the service as evidenced by
updates and modifications to the ISP that demonstrate progress toward ISP goals
and objectives.
7. If the provider knows or has reason to know of the
individual's nonadherence to a regimen of prescribed medication, medication
adherence shall be a goal in the individual's ISP. If the care is delivered by
the qualified paraprofessional, the supervising LMHP, LMHP-supervisee,
LMHP-resident, QMHP-A, or QMHP-C shall be informed of any medication regimen
nonadherence. The LMHP, LMHP-supervisee, LMHP-resident, QMHP-A, or QMHP-C shall
coordinate care with the prescribing physician regarding any medication regimen
nonadherence concerns. The provider shall document the following minimum
elements of the contact between the LMHP, LMHP-supervisee, LMHP-resident,
QMHP-A, or QMHP-C and the prescribing physician:
a. Name and title of caller;
b. Name and title of professional who was called;
c. Name of organization that the prescribing professional
works for;
d. Date and time of call;
e. Reason for the care coordination call;
f. Description of medication regimen issue or issues to be
discussed; and
g. Whether or not there was a resolution of medication regimen
issue or issues.
8. Discharge summaries shall be prepared by providers for
all of the individuals in their care. Documentation of prior psychiatric
services history shall be maintained in the individual's mental health
skill-building services medical record.
9. Documentation of prior psychiatric services history
shall be maintained in the individual's mental health skill-building services
medical record. The provider shall document evidence of the individual's prior
psychiatric services history, as required by 12VAC30-50-226 B 8 b (3) and
12VAC30-50-226 B 8 c (4), by contacting the prior provider or providers of such
health care services after obtaining written consent from the individual.
Documentation of telephone contacts with the prior provider shall include the
following minimum elements:
a. Name and title of caller;
b. Name and title of professional who was called;
c. Name of organization that the professional works for;
d. Date and time of call;
e. Specific placement provided;
f. Type of treatment previously provided;
g. Name of treatment provider; and
h. Dates of previous treatment.
10. The provider shall document evidence of the psychiatric
medication history, as required by 12VAC30-50-226 B 8 b (4) and 12VAC30-50-226
B 8 c (5), by maintaining a photocopy of prescription information from a
prescription bottle or by contacting a prior provider of health care services
or pharmacy after obtaining written consent from the individual. Prescription
lists or medical records obtained from the pharmacy or provider of health care
services that contain (i) the name of the prescribing physician, (ii) the name
of the medication with dosage and frequency, and (iii) the date of the
prescription shall be sufficient to meet these criteria.
11. In the absence of such documentation, the current
provider shall document all contacts (i.e., telephone, faxes) with the pharmacy
or provider of health care services with the following minimum elements: (i)
name and title of caller, (ii) name and title of prior professional who was
called, (iii) name of organization that the professional works for, (iv) date
and time of call, (v) specific prescription confirmed, (vi) name of prescribing
physician, (vii) name of medication, and (viii) date of prescription.
12. Only direct face-to-face contacts and services to an
individual shall be reimbursable.
13. Any services provided to the individual that are
strictly academic in nature shall not be billable. These include, but are not
limited to, such basic educational programs as instruction or tutoring in
reading, science, mathematics, or GED.
14. Any services provided to individuals that are strictly
vocational in nature shall not be billable. However, support activities and
activities directly related to assisting an individual to cope with a mental
illness to the degree necessary to develop appropriate behaviors for operating
in an overall work environment shall be billable.
15. Room and board, custodial care, and general supervision
are not components of this service.
16. Provider qualifications. The enrolled provider of
mental health skill-building services must be licensed by DBHDS as a provider
of mental health community support. Individuals employed or contracted by the
provider to provide mental health skill-building services must have training in
the characteristics of mental illness and appropriate interventions, training
strategies, and support methods for persons with mental illness and functional
limitations. Mental health skill-building services shall be provided by either
an LMHP, LMHP-supervisee, LMHP-resident, QMHP-A, QMHP-C, QMHP-E, or QMHPP. The
LMHP, LMHP-supervisee, LMHP-resident, QMHP-A, or QMHP-C will supervise the care
weekly if delivered by the QMHP-E or QMHPP. Documentation of supervision shall
be maintained in the mental health skill-building services record.
17. Mental health skill-building services, which may
continue for up to six consecutive months, must be reviewed and renewed at the
end of the period of authorization by an LMHP, LMHP-supervisee, or
LMHP-resident who must document the continued need for the services.
18. Mental health skill-building services must be
documented through a daily log of time involved in the delivery of services and
a minimum of a weekly summary note of services provided. The provider shall
clearly document services provided to detail what occurred during the entire
amount of the time billed.
19. If mental health skill-building services are provided
in a group home (Level A or B) or assisted living facility, effective July 1,
2014, there shall be a yearly limit of up to 4160 units per fiscal year and a
weekly limit of up to 80 units per week, with at least half of each week's
services provided outside of the group home or assisted living facility. There shall
be a daily limit of a maximum of 20 units. Prior to July 1, 2014, the previous
limits shall apply. The ISP shall not include activities that contradict or
duplicate those in the treatment plan established by the group home or assisted
living facility. The provider shall attempt to coordinate mental health
skill-building services with the treatment plan established by the group home
or assisted living facility and shall document all coordination activities in
the medical record.
20. Limits and exclusions.
a. Group home (Level A or B) and assisted living facility
providers shall not serve as the mental health skill-building services provider
for individuals residing in the provider's respective facility. Individuals
residing in facilities may, however, receive MHSS from another MHSS agency not
affiliated with the owner of the facility in which they reside.
b. Mental health skill-building services shall not be
reimbursed for individuals who are receiving in-home residential services or
congregate residential services through the Intellectual Disability Waiver or
Individual and Family Developmental Disabilities Support Waiver.
c. Mental health skill-building services shall not be
reimbursed for individuals who are also receiving independent living skills
services, the Department of Social Services independent living program
(22VAC40-151), independent living services (22VAC40-151 and 22VAC40-131), or
independent living arrangement (22VAC40-131) or any Comprehensive Services
Act-funded independent living skills programs.
d. Mental health skill-building services shall not be
available to individuals who are receiving treatment foster care
(12VAC30-130-900 et seq.).
e. Mental health skill-building services shall not be
available to individuals who reside in intermediate care facilities for
individuals with intellectual disabilities or hospitals.
f. Mental health skill-building services shall not be
available to individuals who reside in nursing facilities, except for up to 60
days prior to discharge. If the individual has not been discharged from the
nursing facility during the 60-day period of services, mental health
skill-building services shall be terminated and no further service
authorizations shall be available to the individual unless a provider can
demonstrate and document that mental health skill-building services are
necessary. Such documentation shall include facts demonstrating a change in the
individual's circumstances and a new plan for discharge requiring up to 60 days
of mental health skill-building services.
g. Mental health skill-building services shall not be
available for residents of residential treatment centers (Level C facilities)
except for the intake code H0032 (modifier U8) in the seven days immediately
prior to discharge.
h. Mental health skill-building services shall not be
reimbursed if personal care services or attendant care services are being
received simultaneously, unless justification is provided why this is necessary
in the individual's mental health skill-building services record. Medical
record documentation shall fully substantiate the need for services when
personal care or attendant care services are being provided. This applies to
individuals who are receiving additional services through the Intellectual
Disability Waiver (12VAC30-120-1000 et seq.), Individual and Family
Developmental Disabilities Support Waiver (12VAC30-120-700 et seq.), the
Elderly or Disabled with Consumer Direction Waiver (12VAC30-120-900 et seq.),
and EPSDT services (12VAC30-50-130).
i. Mental health skill-building services shall not be
duplicative of other services. Providers have a responsibility to ensure that
if an individual is receiving additional therapeutic services that there will
be coordination of services by either the LMHP, LMHP-supervisee, LMHP-resident,
QMHP-A, QMHP-C, or QMHP-E to avoid duplication of services.
j. Individuals who have organic disorders, such as
delirium, dementia, or other cognitive disorders not elsewhere classified, will
be prohibited from receiving mental health skill-building services unless their
physicians issue a signed and dated statement indicating that the individuals
can benefit from this service.
k. Individuals who are not diagnosed with a serious mental
health disorder but who have personality disorders or other mental health
disorders, or both, that may lead to chronic disability, will not be excluded
from the mental health skill-building services eligibility criteria provided
that the individual has a primary mental health diagnosis from the list
included in 12VAC30-50-226 B 8 b (1) or 12VAC30-50-226 B 8 c (2) and that the
provider can document and describe how the individual is expected to actively
participate in and benefit from mental health support services.
J. Except as noted in subdivision I 20 of this section and
in 12VAC30-50-226 B 6 d, the limits described in this regulation and all others
identified in 12VAC30-50-226 shall apply to all service authorization requests
submitted to either DMAS or the BHSA as of [the effective date of this
regulation]. As of [the effective date of these regulations], all annual
limits, weekly limits, daily limits, and reimbursement for services shall apply
to all services described in 12VAC30-50-226 regardless of the date upon which
service authorization was obtained.
VA.R. Doc. No. R14-3451; Filed August 3, 2015, 9:18 a.m.
TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Proposed Regulation
Titles of Regulations: 12VAC30-50. Amount, Duration,
and Scope of Medical and Remedial Care Services (amending 12VAC30-50-226).
12VAC30-60. Standards Established and Methods Used to Assure
High Quality Care (amending 12VAC30-60-143).
Statutory Authority: § 32.1-325 of the Code of
Virginia; 42 USC § 1396 et seq.
Public Hearing Information: No public hearings are
scheduled.
Public Comment Deadline: October 23, 2015.
Agency Contact: Emily McClellan, Regulatory Supervisor,
Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA
23219, telephone (803) 371-4300, or email emily.mcclellan@dmas.virginia.gov.
Basis: Section 32.1-325 of the Code of Virginia grants
to the Board of Medical Assistance Services the authority to administer and
amend the Plan for Medical Assistance. Sections 32.1-324 and 32.1-325 of the
Code of Virginia authorize the Director of the Department of Medical Assistance
Services (DMAS) to administer and amend the Plan for Medical Assistance
according to the board's requirements. The Medicaid authority as established by
§ 1902 (a) of the Social Security Act (42 USC § 1396a) provides
governing authority for payments for services.
Item 307 LL of Chapter 3 of the 2012 Special Session I Acts of
the Assembly directed DMAS to make programmatic changes in community mental
health rehabilitative services and to consider all available options including,
but not limited to, prior authorization, utilization review, and provider
qualifications. DMAS was directed to promulgate regulations to implement these
changes. In response, DMAS promulgated emergency regulations for this issue.
Item 307 RR (f) of Chapter 3 of the 2012 Special Session I Acts
of Assembly directed DMAS to implement a mandatory care coordination model for
behavioral health services. The goals of Item 307 RR (e) include the
achievement of cost savings and simplification of the administration of
community mental health rehabilitative services through the use of the
behavioral health services administrator.
Item 307 DD of Chapter 806 of the 2013 Acts of Assembly
directed DMAS to implement service authorization and utilization review for
community-based mental health rehabilitative services for children and adults.
Mental health skill-building services are one of the included services.
Purpose: The Medicaid covered service that is affected
by this action is Mental Health Support Services (MHSS), renamed Mental Health
Skill-Building Services to better reflect the intent of the service. DMAS
always intended this service to have a rehabilitative focus and defined it as
training and support to enable individuals to achieve and maintain stability
and independence in their communities. The application of imprecise eligibility
criteria and service definitions has resulted in providers misunderstanding of
DMAS' intent and of the slow evolution of MHSS into services other than
rehabilitation, which has contributed to the $138 million increase in
expenditures for this service. Most of this expenditure increase has been
attributed to adult Medicaid individuals. Although this service was not
intended to be a standalone service, but rather to be coupled with other
services that the target population would most likely benefit from, it has been
used to provide a wide variety of interventions. Stakeholders note that this
service has been used to provide crisis intervention; counseling/therapy;
transportation; recreation; companion-like services, which is of significant
concern; and general supervision.
DMAS' goal is that individuals receive the correct level of
service at the correct time for the treatment (service) needs related to the
individual's medical/psychiatric condition. Community mental health
rehabilitative services are behavioral health interventions in nature and are
intended to provide clinical treatment to those individuals with significant
mental illness or children with, or at risk of developing, serious emotional
disturbances. Clinical treatment differs from community social assistance and
child welfare programs in that behavioral health services are designed to
provide treatment to a mental illness rather than offer assistance for hardship
due to socio-economic conditions, age, or physical disability. Stakeholders'
feedback supported and DMAS' observations concluded, without clarifying the
service definition and eligibility requirements, that MHSS would continue its
evolution into a social service level of support rather than remain a
psychiatric treatment modality.
DMAS intends, in this action, to more accurately discuss the
agency's intentions for this service by clarifying the Medicaid individuals'
eligibility criteria, service definitions, and reimbursement requirements.
Substance: Currently, 12VAC30-50-226 sets out the
coverage limits for community mental health rehabilitative services, which
includes therapeutic day treatment/partial hospitalization, psychosocial
rehabilitation, crisis services, intensive community treatment, and mental
health support services.
At the present time, MHSS is a Medicaid community mental health
treatment service with a rehabilitative focus and is defined as goal-directed
training to enable individuals to achieve and maintain stability and independence
in their communities in the most appropriate, least restrictive environments.
Currently, MHSS includes the following components:
• Training in or reinforcement of functional skills and
appropriate behavior related to the individuals' health and safety, training in
the performance of activities of daily living, and use of community
resources;
• Training about medication management; and
• Self-monitoring of health, nutrition, and
physical conditions.
Imprecise Medicaid eligibility criteria and service definitions
have allowed individuals who have not been diagnosed with either a serious
mental illness or serious emotional disturbance to access Medicaid's MHSS.
DBHDS licensing specialists and DMAS auditors report that MHSS services have
become more like companion care and less like mental health skills training
with a rehabilitative and maintenance focus.
Community mental health rehabilitative services are behavioral
health interventions. They are intended to provide clinical treatment to those
individuals with significant mental illness or children either with, or at risk
of developing, serious emotional disturbances. Clinical treatment differs from
community social assistance and child welfare programs in that behavioral
health services are designed to provide treatment of a mental illness rather
than assisting with hardships due to socio-economic conditions, age, or
physical disabilities. Stakeholders feedback and DMAS observations concluded
that without clarifying the service definition and eligibility requirements,
MHSS would continue to evolve into a social service level of support rather
than a psychiatric treatment service.
Based on public comments received during the Notice of Intended
Regulatory Action comment period, DMAS believes that some providers have billed
this service for reimbursement when the service actually rendered involved
driving the Medicaid individual to medical appointments (sometimes over long
distances) and remaining with the individual to later return him home. Neither
transportation nor companion services were ever intended to be covered as part
of MHSS. If a MHSS provider is transporting an individual, the provider may
only bill for MHSS if skill-building training takes place for the entire time.
Direct time spent with the individual is billable to DMAS as long as training
in skills related to resolving functional limitations deriving directly from
mental illness occurs during the entire time that is billed. Medicaid already
provides transportation to medical appointments via its Logisticare contract.
DMAS believes that the use of the term "and supports"
in this original service definition has contributed to providers
misunderstanding this service, which has contributed to the increase in
expenditures. Most of this increase has been attributable to adult Medicaid
individuals.
The intent of this service has always been to provide training
to individuals who have severe, chronic mental illness or emotional
disturbances so that they can successfully and independently live in their communities
in the least restrictive environments possible. To help resolve the discrepancy
between the intent of the service and the way in which it is currently being
provided, DMAS is changing the service's name to Mental Health Skill-Building
Service to emphasize the rehabilitative nature of the service.
The proposed changes also seek to significantly strengthen the
service eligibility criteria for MHSS. By clarifying the service definition,
DMAS anticipates that individuals who previously received nonskill-building
interventions via this service will now more appropriately be directed to
resources that can meet those nonskill-building needs (i.e., social services,
crisis intervention, case management, etc.).
Because this service may be provided by qualified mental health
paraprofessionals and is training focused, DMAS has adjusted the rate
structure. The regulations also change the rate structure to a 15-minute
billing unit and decrease the number of units per day that an individual may
receive the service (decreasing from seven hours to up to five hours allowable
at a maximum of 20 15-minute billing units per day) to ensure that the service
is not overutilized. This change was implemented July 1, 2014, due to the
logistics of putting in place the new billing unit and service limitation
systems.
In the past, providers were permitted to bill seven or more
hours of service per day but the annual limit of 372 units per year was quite
low. This created an imbalance, such that if an individual continued to need this
service over the course of a year, he would reach his annual limit well before
the end of the year. The current annual limit of 372 units yields approximately
one unit per day. However, the daily billing allowance is up to four billing
units per day with varying time values per unit billed. The current unit value
is able to allow services in hourly ranges such as 1-2.99 hours and 3-4.99,
5-6.99 and 7+ hours per unit, which creates an incentive to bill for more time
than provided because of the imprecise unit value. The new unit value and new
unit allowance would yield a maximum of five hours per day, five days per week
for a total of 5,200 15-minute units per year. The changes in the daily,
weekly, and annual limits align services so that they may be provided
consistently over the course of a year. This change was also implemented July
1, 2014.
The regulations also prohibit overlaps of MHSS with other
similar services that would be duplicative and not therapeutically beneficial.
For example, MHSS will no longer be available to individuals who are also
receiving in-home residential services or congregate residential services
provided through the intellectual disability or individual and family
developmental disability support home-based and community based waivers.
Similarly, MHSS will no longer be available to individuals who
are receiving treatment foster care or independent living services through
programs offered by the Department of Social Services or the Office of
Comprehensive Services. Any overlap in these services with MHSS is considered
duplicative and clinically ineffective.
The regulations also reduce the number of hours of MHSS that
may be provided in an assisted living facility (AFL) and Level A or Level B
group homes. This change is recommended to ensure that MHSS is not duplicative
of services that are already being provided in residential placements, such as
assistance with medication management. The regulations propose that providers
offer half of each week's authorized MHSS hours to ALF/group home residents
outside of their residential setting. This new requirement is intended to
assist with training these individuals to achieve and maintain community
stability and independence. The regulations also specify that MHSS may not be
provided to residents of intermediate care facilities for individuals with
intellectual disability or hospitals to prohibit inappropriate overlaps of MHSS
with these providers.
MHSS may be provided to nursing facility residents who are
being discharged, but only during the last 60 days of the nursing facility
stay. The service may be reauthorized once for another 60 days only if
discharge to the community is planned. This allows individuals to access MHSS
to transition from a nursing facility into an independent living arrangement.
This new limitation also prevents individuals remaining in a nursing facility
on a long-term basis from accessing MHSS since they do not require training in
community independent living skills.
Similarly, in order for individuals in residential treatment
facilities to transfer to their communities, the MHSS assessment may be
performed in the last seven days before discharge allowing service onset upon
discharge.
The regulations seek to improve the quality of the services
provided by ensuring that MHSS providers communicate important information to
other health care professionals who are providing care to the same individuals.
In the past, there has been very little communication with other health care
practitioners and virtually no communication with prescribing physicians. These
regulatory changes seek to bridge this gap. For example, if an individual who
receives MHSS under the new criteria fails to adhere to his prescribed
medication regimen, it could have a significant, negative impact on the
individual's mental health. If a paraprofessional providing MHSS to an
individual learns of the nonadherence to the prescribed medication regimen, he
is now required in these regulations to notify his supervisory staff of the
individual's medication issues. Supervisory staff is also being required to
communicate this information to the individual's treating physician, so that he
is aware of the problem and therefore is enabled to address it at the next
visit.
Further, as providers have adjusted to recent regulatory
requirements implemented by DMAS, including an independent clinical assessment
for individuals younger than 21 years of age, they have begun to expand their
businesses into other service areas that they may be able to provide. As a
result, there has been significant expenditure growth in the two crisis
services offered in the community – crisis intervention and crisis
stabilization. These services are the only two community mental health
rehabilitative services that to date have been exempt from service
authorization. DMAS is now seeking to require service authorization for these
services. DMAS believes this step is necessary to preserve the integrity and
quality of the services by ensuring that only individuals who are truly in
crisis receive these services. DMAS is ensuring that service authorization does
not delay or prevent services to those individuals who truly are in crisis by
permitting providers to request authorization within a brief period of time
after initiating services.
Issues: The primary advantage to the Commonwealth for
these changes, aside from reduced expenditures for MHSS, is that the
individuals receiving these services will make functional gains and achieve
enhanced tenure in their communities.
Individual private citizens will neither benefit nor be harmed
by these recommended changes.
The Medicaid individuals who have become accustomed to the
previous services from providers may feel harmed by the clearer criteria and
change in service limits as now they may not qualify for these redefined
services or as much of the service as they had been getting. However,
responsible providers are expected to refer these individuals to more
appropriate community resources. Providers allege that the rate and
reimbursement changes will cause their business harm.
Efforts were made so the rate and unit changes would be budget
neutral. It was learned during this process that some providers were using the
funding for this service to pay for other non-Medicaid services, which suggests
a misalignment of the billing structure and delivery of the service. The
restructured reimbursement allows compensation for all Medicaid-covered care
that is delivered.
Local human service agencies may see an increase in referrals
as former MHSS individuals seek to have their social service-related needs met,
which have been previously inappropriately addressed by MHSS providers.
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. The proposed
changes clarify the intent of Medicaid Mental Health Support Services (MHSS);
amend the eligibility criteria, provider and service standards; establish
service authorization requirements for certain services; and change limits,
unit system, and rate structure used in the reimbursement methodology.
Result of Analysis. Although there is insufficient data to
accurately compare the magnitude of the benefits versus the costs, the benefits
likely exceed the costs at the aggregate level due to well-known abuses in the
provision and utilization of MHSS.
Estimated Economic Impact. These regulations establish
eligibility criteria, provider and service standards, and reimbursement rules
for MHSS. MHSS are community mental health treatment services with a
rehabilitative focus and defined as goal-directed training to enable
individuals to achieve and maintain stability and independence in their
communities in the most appropriate, least restrictive environments. MHSS
include training in or reinforcement of functional skills and appropriate
behavior related to the individuals' health and safety; training in the
performance of activities of daily living, and use of community resources;
training about medication management; and self-monitoring of health, nutrition,
and physical conditions.
According to the Department of Medical Assistant Services
(DMAS), the intent of this service has always been to provide training to
individuals, who have severe, chronic mental illness or emotional disturbances,
so that they can successfully and independently live in their communities in
the least restrictive environments possible. DMAS believes that the use of the
term "support" in the service definition has contributed to
providers' misunderstanding the purpose of this service which has led to the
provision of services without the training or rehabilitation focus. In
addition, imprecise eligibility criteria have allowed individuals who have not
been diagnosed with either a serious mental illness or serious emotional
disturbance to access these services. The Department of Behavioral Health and
Developmental Services (DBHDS) licensing specialists and DMAS auditors have
reported that MHSS have become more like companion care and less like mental
health skills training with a rehabilitative and maintenance focus.
Community mental health rehabilitative services are behavioral
health interventions. They are intended to provide clinical treatment to those
individuals with significant mental illness or children either with, or at risk
of developing, serious emotional disturbances. Clinical treatment differs from
community social assistance and/or child welfare programs in that behavioral
health services are designed to provide treatment to a mental illness rather
than assisting with hardships due to socio-economic conditions, age, or
physical disabilities.
Although MHSS were not intended to be a stand-alone service,
but rather to be coupled with other services that the target population would
most likely benefit from, it has been used to provide a wide variety of interventions.
According to DMAS, utilization reviews conducted and stakeholder comments noted
during the Notice of Intended Regulatory Action comment period indicate that
these services have been inappropriately utilized to provide crisis
intervention, counseling/therapy, transportation, recreation, and of
significant concern, companion-like services, and general supervision. For
example, some providers have billed these services for reimbursement when the
service actually rendered involved driving the Medicaid recipient to medical
appointments (sometimes over long distances) and remaining with the individual
to later return him home. Neither transportation nor companion services were
ever intended to be covered as part of MHSS. If a MHSS provider is transporting
an individual, the provider may only bill for MHSS if skill-building training
takes place for the entire time. Direct time spent with the individual is
billable to DMAS as long as training in skills related to resolving functional
limitations deriving directly from mental illness occurs during the entire time
that is billed. Medicaid already provides transportation to medical
appointments via its Logisticare contract.
As a result of misunderstandings about the purpose of these
services and imprecise eligibility criteria, the Medicaid expenditures for
these services have increased from $46.4 million in fiscal year (FY) 2008 to
$224.4 million in FY 2013, a $178 million increase which represents a 384%
growth.
Stakeholders' feedback and DMAS observations concluded that
without clarifying the service definition and eligibility requirements, MHSS
would continue to evolve into a social service level of support rather than a
psychiatric treatment service. To address these concerns, the General Assembly
directed DMAS to make changes through the 2012 Special Session I Acts of the
Assembly, Chapter 3, Item 307 LL and Item 307 RR (f); and the 2013 Acts of the
Assembly, Chapter 806, Item 307 DD. Consistent with these statutory mandates,
DMAS promulgated emergency regulations that went into effect on December 1,
2013. The proposed regulations will make the existing emergency regulations
permanent.
One of the changes re-names and re-defines MHSS to Mental
Health Skill-building Services in order to emphasize the rehabilitative nature
that DMAS always intended for this service to have. As explained above, these
services were never intended to be interpreted as long-term companion care, or
community social assistance.
In order to make sure MHSS services are provided to individuals
who have severe, chronic mental illness or emotional disturbances, proposed
changes revise the eligibility criteria as follows:
Adults (individuals 21 years of age and older) must (i) have at
least one of several listed diagnoses in Diagnostic and Statistical Manual of
Mental Disorders (DSM); (ii) shall require individualized training in basic
community living skills in order to successfully remain independent in the
community; (iii) have a prior history of psychiatric illnesses that required institutionalization
or have a history of certain behavioral health treatment; and (iv) shall have
had a prescription for psychotropic medications.
Young people (individuals younger than 21 years of age) must
(i) have at least one of the several listed DSM diagnoses; (ii) shall require
individualized training in basic community living skills in order to
successfully live in the community; (iii) have a prior history of psychiatric
illnesses that required institutionalization or have a history of certain behavioral
health treatment; (iv) shall have had a prescription for psychotropic
medications; (v) be living independently or actively transitioning (within 6
months) to independent living; and (vi) have had completed for them an
Independent Clinical Assessment (known as VICAP).
The proposed changes also require providers to document the
diagnoses making the individuals eligible for MHSS and provision of services.
The proposed clarification of the service definition, revised
eligibility criteria, and documentation requirements are expected to make sure
correct services are provided for the treatment needs related to an
individual's medical/psychiatric condition. Individuals with a qualifying
diagnosis will continue to receive appropriate skill building services while
individuals who previously received non-skill building interventions via this
service will be appropriately directed to resources that can meet those
non-skill-building needs; i.e., social services, crisis intervention, case
management, etc. In addition, the proposed documentation requirements are
expected to reduce the number of adverse audit results and overpayments to
providers.
The proposed changes also modify provider qualifications to
ensure that appropriately trained/licensed professionals are caring for these
individuals with serious mental illness. According to DMAS, when care is
rendered by inadequately trained or non-licensed professionals, great harm can
be created to these individuals. Supportive in-home licensed providers are now
limited to providing non-clinical services under a Medicaid waiver for persons
with developmental disabilities. Due to the clinical nature of MHSS, it was
decided in conjunction with the DBHDS Office of Licensure to discontinue
allowing providers with the supportive in home license to provide MHSS.
Also, MHSS is a non-center or home and community based service. The assertive
community treatment (ACT) and intensive community treatment (ICT) licenses are
restricted to center based service providers. They are not relevant licenses to
provide the more flexible community based MHSS.
Under the proposed changes, providers licensed as ACT or ICT
would have to update their agency license based on their current staffing
patterns. According to DMAS, this update is a formality and the change would
easily be accomplished by the provider who employs staff who meet the ICT/ACT
credentials. The supportive in-home providers would not be able to make the
switch to the MH Community Support License without hiring clinically licensed
staff who meet the licensed mental health professional criteria as defined by
DBHDS and also the direct services staff would have to meet a more stringent
qualified mental health professional criteria that includes college degrees and
one year of clinical service. Supportive in-home providers were able to use
staff that did not have a college degree.
DMAS reports that there were 265 providers in December 2013.
Currently, there are 316 providers. While the changes in provider
qualifications most likely have had some adverse impact on some providers, DMAS
does not believe that these changes have prevented any providers continuing to
provide MHSS to eligible individuals.
The proposed changes also prohibit overlaps of MHSS with other
similar services that would be duplicative and not therapeutically beneficial.
MHSS are no longer available under certain conditions and for certain
individuals as follows: individuals in group homes and assisted living
facilities may no longer receive MHSS from the providers residing in the same
facility; individuals who are also receiving in-home residential services or
congregate residential services provided through the Intellectual Disability or
Individual and Family Developmental Disability Support home and community based
waivers; individuals who are receiving services under the Department of Social
Services' independent living program, independent living services, or
independent living arrangement or any Comprehensive Services Act for At-Risk
Youth and Families-funded independent living skills programs; individuals who
are receiving treatment foster care; individuals who reside in Intermediate
Care Facilities for Individuals with Intellectual Disabilities or hospitals;
individuals who reside in nursing facilities, except for up to 60 days prior to
discharge; individuals who are residents of Residential Treatment Centers-Level
C facilities, except for individuals with certain intake codes in the seven
days immediately prior to discharge; individuals who receive personal care
services or attendant care services; individuals who have organic disorders,
such as delirium, dementia, or other cognitive disorders not elsewhere
classified, unless their physicians issue signed and dated statements
indicating that the individuals can benefit from MHSS. DMAS considers any
overlap in these services with MHSS duplicative and clinically ineffective.
The proposed regulations also seek to improve the quality of
the services provided by ensuring that MHSS providers communicate important
information to other healthcare professionals who are providing care to the
same individuals. According to DMAS, in the past, there has been very little
communication with other health care practitioners, and virtually no
communication with prescribing physicians. These regulatory changes seek to
bridge this gap. For example, if an individual who receives MHSS under the new
criteria fails to adhere to his prescribed medication regimen, it could have a
significant, negative impact on the individual's mental health. If a paraprofessional
providing MHSS to an individual learns of the non-adherence to the prescribed
medication regimen, he or she is now required in these regulations to notify
his or her supervisory staff of the individual's medication issues. Supervisory
staff is also being required to communicate this information to the
individual's treating physician, so that he or she is aware of the problem and
therefore is enabled to address it at the next visit.
As it should be clear from the description of changes discussed
so far, this regulatory action is comprehensive and touches many aspects of
MHSS. These changes undoubtedly have a significant economic impact on
providers, individuals receiving services, and DMAS. The main economic impact
is a decrease in utilization and therefore expenditures reimbursed for MHSS.
However, there are serious data limitations and confounding issues making it
impossible to produce a precise estimate.
First, the proposed changes discussed so far had become
effective in December 2013. In that month, there were prior authorizations that
would continue to be valid in the coming months. In addition, due to the
comprehensive and complex nature of the changes, there have been likely delays
in implementation. Thus, while we can compare expenditure levels before
December 2013 and most recent months to get a sense of the economic impact up
to this date, the downward trend in expenditures may well continue into the
future. If the downward trend continues, the reduction in expenditures so far
would underestimate the actual reduction that would be achieved when all
changes are fully implemented.
Second, at the time these regulatory changes went into effect,
the behavioral services administrator also changed. The change in claims
administrator is not a part of this regulatory action and consequently its
economic effects cannot be attributed to the change in this action. Thus, some
of the reduction in expenditures is attributable to more efficient
administration of the claims process. However since the change in regulations
and the claims administrator took place simultaneously, there is no way to
isolate the impact of the proposed regulations from the impact of administrator
change with the data available.
The average monthly MHSS expenditures from September to
November 2013 (over a three month period) were approximately $22 million. The
average monthly expenditures from January to March 2015 were $15.5 million.
Thus, the average monthly expenditures have decreased by approximately $6.5
million per month (a 30% reduction) which would imply a reduction of $78.7
million per year. The accuracy of this estimate somewhat bolstered by the
change in the number of recipients. The number of unduplicated recipient
population has decreased from 14,830 in December 2013 to 10,851 in December
2014, a decrease of 27%. However, as discussed above, some of the reduction in
expenditures is likely due to change in claims administrator.
These estimates imply that providers of MHSS would see
approximately 30% or about $78.7 million per year and perhaps more (if the
impact of changes has not been fully materialized yet) reduction in their
Medicaid MHSS revenues. Due to federal matching funds, only one half of these
savings would be realized by the state and retained in the Commonwealth perhaps
for other state expenditures. The other half of the funds is savings to the
federal government. The lost federal matching funds would have a net
contractionary impact on the Commonwealth's economy.
These changes also represent a negative impact on individuals
who used to be receiving these services under previous regulations.
Approximately 27% of the number of recipients, or about 4,000 recipients, would
no longer be accessing MHSS.
In addition to the changes that have already been implemented,
there are some other changes that will go into effect when these regulations
are finalized. DMAS reports that as providers have adjusted to recent
regulatory requirements implemented, they have begun to expand their businesses
into other service areas that they may be able to provide. As a result, there
has been an expenditure growth in the two crisis services offered in the
community – crisis intervention and crisis stabilization. These services are
the only two community mental health rehabilitative services that, to date,
have been exempt from service authorization. Thus, DMAS is now seeking to
require service authorization for them. DMAS believes this step is necessary to
preserve the integrity and quality of these services by ensuring that only individuals
who are truly in crisis receive them. DMAS is ensuring that service
authorization does not delay or prevent services to those individuals who truly
are in crisis by permitting providers to request authorization within a brief
period of time after initiating services.
The recent trend in the data over January 2014 to February 2015
indicates that the total crisis intervention and stabilization expenditures are
currently increasing approximately $13,000 per month. The average monthly
expenditures for these two services over December 2014 to February 2015 were
about $1.37 million. While a $13,000 increase per month for services that range
about $1.37 million monthly may seem small, the data confirms that the
expenditures are steadily increasing. The proposed service authorization
requirements may curtail the trend down, stop growth, or even reverse the
trend. Even though there is no data to estimate the magnitude of the impact, it
is likely there will be some savings from the proposed service authorization requirement.
Similar to the changes that have already been implemented, the
proposed service authorization requirement, would reduce provider revenues,
restrict recipient's access to services, and result in loss of federal funds
coming into the Commonwealth.
Finally, DMAS proposes limits in utilization in assisted living
facilities and in group homes and certain changes in unit and rate structure.
However, due to the 2014 Acts of the Assembly, Chapter 5002, Item 301 ZZZ, the
changes described below will not be implemented until the General Assembly has
reviewed the impact of the proposed regulations.
The number of hours of MHSS provided in an assisted living
facility and in group homes will not exceed 4,160 fifteen-minute units per
fiscal year, 80 fifteen-minute units per week, and 20 fifteen-minute units per
day. This change is proposed to ensure that MHSS is not duplicative of services
that are already being provided in residential placements, such as assistance
with medication management. DMAS proposes that providers offer half of each
week's authorized MHSS hours to assisted living facilities/group home residents
outside of their residential setting. This new requirement is intended to
assist with training these individuals to achieve and maintain community
stability and independence.
Changes in current unit system are also proposed. The current
unit value system allows services in hourly ranges as follows: one unit = 1 to
2.99 hours; two units = 3 to 4.99 hours, three units = 5 to 6.99 hours; four
units = 7 plus hours. According to DMAS, the current system creates an
incentive to bill for more time than provided because of the imprecise unit
value. In addition, there is a 372-units limit per year which yields
approximately one unit per day. However, the daily billing allowance is up to
four billing units per day with varying time values per unit billed. Thus,
providers are permitted to bill seven or more hours of service per day. This
creates an imbalance, such that if an individual continued to need this service
over the course of a year, he or she would reach his annual limit well before
the end of the year.
The proposed regulations would change the unit structure to a
15 minute billing unit and decrease the number of units per day that an
individual may receive the service (decreasing from seven hours to up to 5
hours allowable as a maximum of twenty 15-minute billing units per day) to
ensure that the service is not over-utilized. The new unit value and new unit
allowance would yield a maximum of 5 hours per day, 5 days per week for a total
of 5,200 fifteen-minute units per year. The changes in the daily, weekly, and
annual limits would stagger services so that they may be provided consistently
over the course of a year.
The current reimbursement rate is $91 per unit in urban areas
and $83 per unit in rural areas. Under the new system, the rate for one
15-munite unit would be $14.77 in urban areas and $13.47 in rural areas.
According to DMAS, under the new unit and rate structure, the total
expenditures would increase if the maximum limits are billed. However, with the
new daily and weekly limits in the unit structure maximum yearly limit would be
more difficult to achieve.
The proposed changes in the limits, units, and rates are
designed according to a budget neutral methodology and may not affect total
MHSS expenditures. While the new changes may be budget neutral overall, the
impact on each provider and individual would certainly be specific and
different. However, as mentioned above the changes in the limits, the unit of
service, and the rate of reimbursement will not be implemented until the General
Assembly has reviewed the impact of the proposed regulations. Thus, no economic
impact is expected from these changes until they are implemented.
Businesses and Entities Affected. The proposed regulations
primarily effect MHSS providers, recipients, DMAS, and the state and federal
government. Per DBHDS Office of Licensing, there were 265 MH Support providers
as of July 2013 and there are 316 providers currently. The number of
unduplicated recipients was 14,830 in December 2013 and 10,851 in December 2014.
Localities Particularly Affected. The regulations do not affect
any particular locality more than others.
Projected Impact on Employment. The proposed changes are
estimated to curtail MHSS expenditures by about $78.7 million or more per year.
Reduction of this magnitude in revenues of MHSS providers would undoubtedly
have a negative impact on their demand for labor and have a negative impact on
employment in the Commonwealth.
Effects on the Use and Value of Private Property. Similarly,
estimated impact of $78.7 million reduction in revenues would have a negative
impact on profitability and therefore the asset value of MHSS providers.
Small Businesses: Costs and Other Effects. The proposed
amendments primarily affect MHSS providers. Most of the providers are believed
to be small businesses. Thus, the effects discussed above apply to them.
Small Businesses: Alternative Method that Minimizes Adverse
Impact. The proposed changes are designed to curtail the abuse in provision and
utilization of MHSS. There is no known alternative method that would minimize
the adverse impact on providers while accomplishing the same goals.
Real Estate Development Costs. The proposed amendments are
unlikely to affect real estate development costs.
Legal Mandate.
General: The Department of Planning and Budget (DPB) has
analyzed the economic impact of this proposed regulation in accordance with
§ 2.2-4007.04 of the Code of Virginia and Executive Order Number 17
(2014). Section 2.2-4007.04 requires that such economic impact analyses determine
the public benefits and costs of the proposed amendments. Further the report
should include but not be limited to:
• the projected number of businesses or other entities to whom
the proposed regulation would apply,
• the identity of any localities and types of businesses or
other entities particularly affected,
• the projected number of persons and employment positions to
be affected,
• the projected costs to affected businesses or entities to
implement or comply with the regulation, and
• the impact on the use and value of private property.
Small Businesses: If the proposed regulation will have
an adverse effect on small businesses, § 2.2-4007.04 requires that such
economic impact analyses include:
• an identification and estimate of the number of small
businesses subject to the proposed regulation,
• the projected reporting, recordkeeping, and other
administrative costs required for small businesses to comply with the proposed
regulation, including the type of professional skills necessary for preparing
required reports and other documents,
• a statement of the probable effect of the proposed regulation
on affected small businesses, and
• a description of any less intrusive or less costly
alternative methods of achieving the purpose of the proposed regulation.
Additionally, pursuant to § 2.2-4007.1, if there is a
finding that a proposed regulation may have an adverse impact on small
business, the Joint Commission on Administrative Rules is notified at the time
the proposed regulation is submitted to the Virginia Register of Regulations
for publication. This analysis shall represent DPB's best estimate for the
purposes of public review and comment on the proposed regulation.
Agency's Response to Economic Impact Analysis: The
agency has reviewed the economic impact analysis prepared by the Department of
Planning and Budget regarding the regulations concerning Mental Health
Skill-building Services (12VAC30-50-226; 12VAC30-60-143). The agency concurs
with this analysis.
Summary:
The proposed amendments (i) change the service's name from
"mental health support services" to "mental health
skill-building services"; (ii) change the rate structure to an hourly unit
and decrease the number of hours per day that an individual may receive this
service; (iii) increase the annual limits; (iv) prohibit overlap with similar
services; (v) reduce the number of hours of services that may be provided in an
assisted living facility and Level A or Level B group home; (vi) require that
providers communicate important information to other health care professionals
who are providing care to the same individuals; and (vii) require service
authorization for crisis intervention and crisis stabilization services.
12VAC30-50-226. Community mental health services.
A. Definitions. The following words and terms when used in
this section shall have the following meanings unless the context clearly
indicates otherwise:
"Activities of daily living" or "ADLs"
means personal care tasks such as bathing, dressing, toileting, transferring,
and eating or feeding. An individual's degree of independence in performing
these activities is a part of determining appropriate level of care and service
needs.
"Affiliated" means any entity or property in
which a provider or facility has a direct or indirect ownership interest of
5.0% or more, or any management, partnership, or control of an entity.
"Behavioral health services administrator" or
"BHSA" means an entity that manages or directs a behavioral health
benefits program under contract with DMAS. DMAS' designated BHSA shall be
authorized to constitute, oversee, enroll, and train a provider network;
perform service authorization; adjudicate claims; process claims; gather and
maintain data; reimburse providers; perform quality assessment and improvement;
conduct member outreach and education; resolve member and provider issues; and
perform utilization management including care coordination for the provision of
Medicaid-covered behavioral health services. Such authority shall include
entering into or terminating contracts with providers in accordance with DMAS
authority pursuant to 42 CFR Part 1002 and § 32.1-325 D and E of the Code
of Virginia. DMAS shall retain authority for and oversight of the BHSA entity
or entities.
"Certified prescreener" means an employee of either
the local community services board/behavioral health authority or its designee
who is skilled in the assessment and treatment of mental illness and who has
completed a certification program approved by DBHDS.
"Clinical experience" means practical experience
in providing direct services on a full-time basis (or the equivalent part-time
experience as determined by DBHDS in the document entitled Human Services and
Related Fields Approved Degrees/Experience, issued March 12,2013, revised May
3, 2013) to individuals with medically-documented diagnoses of mental illness
or intellectual/developmental disability or the provision of direct geriatric
services or full-time (or the equivalent part-time experience) special
education services, for the purpose of rendering (i) mental health day
treatment/partial hospitalization, (ii) intensive community treatment, (iii)
psychosocial rehabilitation, (iv) mental health support skill
building, (v) crisis stabilization, or (vi) crisis intervention services,
practical experience in providing direct services to individuals with diagnoses
of mental illness or intellectual disability or the provision of direct
geriatric services or special education services. Experience shall include
supervised internships, supervised practicums, or supervised field experience.
Experience shall not include unsupervised internships, unsupervised practicums,
and unsupervised field experience. This required clinical experience shall
be calculated as set forth in DBHDS document entitled Human Services and
Related Fields Approved Degrees/Experience, issued March 12, 2013, revised May
3, 2013. The equivalency of part-time hours to full-time hours for the
purpose of this requirement shall be established by DBHDS in the document
titled Human Services and Related Fields Approved Degrees/Experience, issued
March 12, 2013, revised May 3, 2013.
"Code" means the Code of Virginia.
"DBHDS" means the Department of Behavioral Health
and Developmental Services consistent with Chapter 3 (§ 37.2-300 et seq.)
of Title 37.2 of the Code of Virginia.
"DMAS" means the Department of Medical Assistance
Services and its contractor or contractors consistent with Chapter 10 (§
32.1-323 et seq.) of Title 32.1 of the Code of Virginia.
"DSM-IV-TR" means the Diagnostic and Statistical
Manual of Mental Disorders, Fourth Edition, Text Revision, copyright 2000,
American Psychiatric Association.
"DSM-5" means the Diagnostic and Statistical
Manual of Mental Disorders, Fifth Edition, copyright 2013, American Psychiatric
Association.
"Human services field" means the same as the
term is defined by DBHDS in the guidance document entitled Human
Services and Related Fields Approved Degrees/Experience, issued March 12, 2013,
revised May 3, 2013.
"Instrumental activities of daily living skills"
or "IADLS" means tasks such as meal preparation, shopping,
housekeeping, and laundry. An individual's degree of independence in performing
these activities is a part of determining appropriate level of care and service
needs.
"Individual" means the patient, client,
or recipient of services described in this section.
"Individual service plan" or "ISP" means
a comprehensive and regularly updated treatment plan specific to the
individual's unique treatment needs as identified in the clinical assessment
service-specific provider intake. The ISP contains, but is not
limited to, his the individual's treatment or training needs,
his the individual's goals and measurable objectives to meet the
identified needs, services to be provided with the recommended frequency to
accomplish the measurable goals and objectives, the estimated timetable for
achieving the goals and objectives, and an individualized discharge plan that
describes transition to other appropriate services. The individual shall be
included in the development of the ISP and the ISP shall be signed by the
individual. If the individual is a minor child, the ISP shall also be
signed by the individual's parent/legal guardian. Documentation shall be
provided if the individual, who is a minor child or an adult who lacks
legal capacity, is unable or unwilling to sign the ISP.
"Individualized training" means training in
functional skills and appropriate behavior related to the individual's health
and safety, instrumental activities of daily living skills, and use of
community resources; assistance with medical management; and monitoring health,
nutrition, and physical condition. The training shall be based on a variety of
approaches or tools to organize and guide the individual's life planning and
shall be rooted in what is important to the individual while taking into
account all other factors that affect his life, including effects of the
disability and issues of health and safety.
"Licensed mental health professional" or
"LMHP" means a licensed physician, licensed clinical psychologist,
licensed professional counselor, licensed clinical social worker, licensed
substance abuse treatment practitioner, licensed marriage and family therapist,
or certified psychiatric clinical nurse specialist the same as defined
in 12VAC35-105-20.
"LMHP-resident" or "LMHP-R" means the
same as "resident" as defined in (i) 18VAC115-20-10 for licensed
professional counselors; (ii) 18VAC115-50-10 for licensed marriage and family
therapists; or (iii) 18VAC115-60-10 for licensed substance abuse treatment
practitioners. An LMHP-resident shall be in continuous compliance with the
regulatory requirements of the applicable counseling profession for supervised
practice and shall not perform the functions of the LMHP-R or be considered a
"resident" until the supervision for specific clinical duties at a
specific site has been preapproved in writing by the Virginia Board of
Counseling. For purposes of Medicaid reimbursement to their supervisors for
services provided by such residents, they shall use the title
"Resident" in connection with the applicable profession after their
signatures to indicate such status.
"LMHP-resident in psychology" or
"LMHP-RP" means the same as an individual in a residency, as that
term is defined in 18VAC125-20-10, program for clinical psychologists. An
LMHP-resident in psychology shall be in continuous compliance with the
regulatory requirements for supervised experience as found in 18VAC125-20-65
and shall not perform the functions of the LMHP-RP or be considered a
"resident" until the supervision for specific clinical duties at a
specific site has been preapproved in writing by the Virginia Board of
Psychology. For purposes of Medicaid reimbursement by supervisors for services
provided by such residents, they shall use the title "Resident in
Psychology" after their signatures to indicate such status.
"LMHP-supervisee in social work,"
"LMHP-supervisee," or "LMHP-S" means the same as
"supervisee" is defined in 18VAC140-20-10 for licensed clinical social
workers. An LMHP-supervisee in social work shall be in continuous compliance
with the regulatory requirements for supervised practice as found in
18VAC140-20-50 and shall not perform the functions of the LMHP-S or be
considered a "supervisee" until the supervision for specific clinical
duties at a specific site is preapproved in writing by the Virginia Board of
Social Work. For purposes of Medicaid reimbursement to their supervisors for
services provided by supervisees, these persons shall use the title
"Supervisee in Social Work" after their signatures to indicate such
status.
"Qualified mental health professional-adult" or
"QMHP-A" means the same as defined in 12VAC35-105-20.
"Qualified mental health professional-child" or
"QMHP-C" means the same as defined in 12VAC35-105-20.
"Qualified mental health professional-eligible" or
"QMHP-E" means the same as defined in 12VAC35-105-20.
"Qualified paraprofessional in mental health" or
"QPPMH" means the same as defined in 12VAC35-105-20.
"Register" or "registration" means
notifying DMAS or its contractor that an individual will be receiving services
that do not require service authorization.
"Review of ISP" means that the provider
evaluates and updates the individual's progress toward meeting the individualized
service plan objectives and documents the outcome of this review. For DMAS to
determine that these reviews are satisfactory and complete, the reviews shall
(i) update the goals, objectives, and strategies of the ISP to reflect any
change in the individual's progress and treatment needs as well as any newly
identified problems; (ii) be conducted in a manner that enables the individual
to participate in the process; and (iii) be documented in the individual's
medical record no later than 15 calendar days from the date of the review.
"Service authorization" means the process to
approve specific services for an enrolled Medicaid, FAMIS Plus, or FAMIS
individual by a DMAS service authorization contractor prior to service delivery
and reimbursement in order to validate that the service requested is medically
necessary and meets DMAS and DMAS contractor criteria for reimbursement.
Service authorization does not guarantee payment for the service.
"Service-specific provider intake" means the
same as defined in 12VAC30-50-130 and also includes individuals who are older
than 21 years of age.
B. Mental health services. The following services, with their
definitions, shall be covered: day treatment/partial hospitalization,
psychosocial rehabilitation, crisis services, intensive community treatment
(ICT), and mental health supports skill building. Staff travel
time shall not be included in billable time for reimbursement.
1. These services, in order to be covered, shall meet medical
necessity criteria based upon diagnoses made by LMHPs who are practicing within
the scope of their licenses and are reflected in provider records and on
providers' claims for services by recognized diagnosis codes that support and
are consistent with the requested professional services.
2. These services are intended to be delivered in a
person-centered manner. The individuals who are receiving these services shall
be included in all service planning activities. All services which do not
require service authorization require registration. This registration shall
transmit to DMAS or its contractor (i) the individual's name and Medicaid
identification number; (ii) the specific service to be provided, the relevant
procedure code and begin date of the service; and (iii) the provider's name and
NPI, a provider contact name and phone number, and email address.
3. Day treatment/partial hospitalization services shall be
provided in sessions of two or more consecutive hours per day, which may be
scheduled multiple times per week, to groups of individuals in a nonresidential
setting. These services, limited annually to 780 units, include the major
diagnostic, medical, psychiatric, psychosocial, and psychoeducational treatment
modalities designed for individuals who require coordinated, intensive, comprehensive,
and multidisciplinary treatment but who do not require inpatient treatment. One
unit of service shall be defined as a minimum of two but less than four hours
on a given day. Two units of service shall be defined as at least four but less
than seven hours in a given day. Three units of service shall be defined as
seven or more hours in a given day. Authorization is required for Medicaid
reimbursement.
a. Day treatment/partial hospitalization services shall be
time limited interventions that are more intensive than outpatient services and
are required to stabilize an individual's psychiatric condition. The services
are delivered when the individual is at risk of psychiatric hospitalization or
is transitioning from a psychiatric hospitalization to the community. The
service-specific provider intake, as defined at 12VAC30-50-130, shall document
the individual's behavior and describe how the individual is at risk of
psychiatric hospitalization or is transitioning from a psychiatric
hospitalization to the community.
b. Individuals qualifying for this service must demonstrate a
clinical necessity for the service arising from mental, behavioral, or
emotional illness that results in significant functional impairments in major
life activities. Individuals must meet at least two of the following criteria
on a continuing or intermittent basis:
(1) Experience difficulty in establishing or maintaining
normal interpersonal relationships to such a degree that they are at risk of
hospitalization or homelessness or isolation from social supports;
(2) Experience difficulty in activities of daily living such
as maintaining personal hygiene, preparing food and maintaining adequate
nutrition, or managing finances to such a degree that health or safety is
jeopardized;
(3) Exhibit such inappropriate behavior that the individual
requires repeated interventions or monitoring by the mental health, social
services, or judicial system that have been documented; or
(4) Exhibit difficulty in cognitive ability such that they are
unable to recognize personal danger or recognize significantly inappropriate
social behavior.
c. Individuals shall be discharged from this service when they
are no longer in an acute psychiatric state and other less intensive services
may achieve psychiatric stabilization.
d. Admission and services for time periods longer than 90
calendar days must be authorized based upon a face-to-face evaluation by a
physician, psychiatrist, licensed clinical psychologist, licensed professional
counselor, licensed clinical social worker, or psychiatric clinical nurse
specialist.
e. These services may only be rendered by either an LMHP,
LMHP-supervisee, LMHP-resident, LMHP-RP, QMHP-A, QMHP-C, QMHP-E, or a QPPMH.
4. Psychosocial rehabilitation shall be provided at least two
or more hours per day to groups of individuals in a nonresidential setting.
These services, limited annually to 936 units, include assessment, education to
teach the patient about the diagnosed mental illness and appropriate
medications to avoid complication and relapse, opportunities to learn and use
independent living skills and to enhance social and interpersonal skills within
a supportive and normalizing program structure and environment. One unit of
service is defined as a minimum of two but less than four hours on a given day.
Two units are defined as at least four but less than seven hours in a given
day. Three units of service shall be defined as seven or more hours in a given
day. Authorization is required for Medicaid reimbursement. The service-specific
provider intake, as defined at 12VAC30-50-130, shall document the individual's
behavior and describe how the individual meets criteria for this service.
a. Individuals qualifying for this service must demonstrate a
clinical necessity for the service arising from mental, behavioral, or
emotional illness that results in significant functional impairments in major
life activities. Services are provided to individuals: (i) who without these
services would be unable to remain in the community or (ii) who meet at least
two of the following criteria on a continuing or intermittent basis:
(1) Experience difficulty in establishing or maintaining
normal interpersonal relationships to such a degree that they are at risk of
psychiatric hospitalization, homelessness, or isolation from social supports;
(2) Experience difficulty in activities of daily living such
as maintaining personal hygiene, preparing food and maintaining adequate
nutrition, or managing finances to such a degree that health or safety is
jeopardized;
(3) Exhibit such inappropriate behavior that repeated
interventions documented by the mental health, social services, or judicial
system are or have been necessary; or
(4) Exhibit difficulty in cognitive ability such that they are
unable to recognize personal danger or significantly inappropriate social
behavior.
b. These services may only be rendered by either an LMHP,
LMHP-supervisee, LMHP-resident, LMHP-RP, QMHP-A, QMHP-C, QMHP-E, or a
QPPMH.
5. Crisis intervention shall provide immediate mental health
care, available 24 hours a day, seven days per week, to assist individuals who
are experiencing acute psychiatric dysfunction requiring immediate clinical
attention. This service's objectives shall be to prevent exacerbation of a
condition, to prevent injury to the client or others, and to provide treatment
in the context of the least restrictive setting. Crisis intervention activities
shall include assessing the crisis situation, providing short-term counseling
designed to stabilize the individual, providing access to further immediate
assessment and follow-up, and linking the individual and family with ongoing
care to prevent future crises. Crisis intervention services may include office
visits, home visits, preadmission screenings, telephone contacts, and other
client-related activities for the prevention of institutionalization. The
service-specific provider intake, as defined at 12VAC30-50-130, shall document
the individual's behavior and describe how the individual meets criteria for
this service. The provision of this service to an individual shall be
registered with either DMAS or the BHSA within one business day or the
completion of the service-specific provider intake to avoid duplication of
services and to ensure informed care coordination. Authorization shall be
required for Medicaid reimbursement.
a. Individuals qualifying for this service must demonstrate a
clinical necessity for the service arising from an acute crisis of a
psychiatric nature that puts the individual at risk of psychiatric
hospitalization. Individuals must meet at least two of the following criteria
at the time of admission to the service:
(1) Experience difficulty in establishing or maintaining
normal interpersonal relationships to such a degree that they are at risk of psychiatric
hospitalization, homelessness, or isolation from social supports;
(2) Experience difficulty in activities of daily living such
as maintaining personal hygiene, preparing food and maintaining adequate
nutrition, or managing finances to such a degree that health or safety is
jeopardized;
(3) Exhibit such inappropriate behavior that immediate
interventions documented by mental health, social services, or the judicial
system are or have been necessary; or
(4) Exhibit difficulty in cognitive ability such that they are
unable to recognize personal danger or significantly inappropriate social
behavior.
b. The annual limit for crisis intervention is 720 units per
year. A unit shall equal 15 minutes.
c. These services may only be rendered by an LMHP, an
LMHP-supervisee, LMHP-resident, LMHP-RP, or a certified prescreener.
6. Intensive community treatment (ICT), initially covered for
a maximum of 26 weeks based on an initial service-specific provider intake and
may be reauthorized for up to an additional 26 weeks annually based on written
intake and certification of need by a licensed mental health provider (LMHP),
shall be defined by 12VAC35-105-20 or LMHP-S, LMHP-R, and LMHP-RP and shall
include medical psychotherapy, psychiatric assessment, medication management,
and care coordination activities offered to outpatients outside the clinic,
hospital, or office setting for individuals who are best served in the
community. Authorization is required for Medicaid reimbursement.
a. To qualify for ICT, the individual must meet at least one
of the following criteria:
(1) The individual must be at high risk for psychiatric
hospitalization or becoming or remaining homeless due to mental illness or
require intervention by the mental health or criminal justice system due to
inappropriate social behavior.
(2) The individual has a history (three months or more) of a
need for intensive mental health treatment or treatment for co-occurring
serious mental illness and substance use disorder and demonstrates a resistance
to seek out and utilize appropriate treatment options.
b. A written, service-specific provider intake, as defined at
12VAC30-50-130, that documents the individual's eligibility and the need for
this service must be completed prior to the initiation of services. This intake
must be maintained in the individual's records.
c. An individual service plan shall be initiated at the time
of admission and must be fully developed, as defined in this section, within 30
days of the initiation of services.
d. The annual unit limit shall be 130 units with a unit
equaling one hour.
e. These services may only be rendered by a team that meets
the requirements of 12VAC35-105-1370.
7. Crisis stabilization services for nonhospitalized
individuals shall provide direct mental health care to individuals experiencing
an acute psychiatric crisis which may jeopardize their current community living
situation. Authorization shall be required for Medicaid reimbursement.
Services may be authorized for up to a 15-day period per crisis episode
following a face-to-face service-specific provider intake by an LMHP,
LMHP-supervisee, LMHP-resident, or LMHP-RP. Only one unit of service shall be
reimbursed for this intake. The provision of this service to an individual
shall be registered with either DMAS or the BHSA within one calendar day of the
completion of the service-specific provider intake to avoid duplication of
services and to ensure informed care coordination. See 12VAC30-50-226 B
for registration requirements.
a. The goals of crisis stabilization programs shall be to
avert hospitalization or rehospitalization, provide normative environments with
a high assurance of safety and security for crisis intervention, stabilize
individuals in psychiatric crisis, and mobilize the resources of the community
support system and family members and others for on-going maintenance and
rehabilitation. The services must be documented in the individual's records as
having been provided consistent with the ISP in order to receive Medicaid
reimbursement.
b. The crisis stabilization program shall provide to
individuals, as appropriate, psychiatric assessment including medication
evaluation, treatment planning, symptom and behavior management, and individual
and group counseling.
c. This service may be provided in any of the following
settings, but shall not be limited to: (i) the home of an individual who lives
with family or other primary caregiver; (ii) the home of an individual who
lives independently; or (iii) community-based programs licensed by DBHDS to
provide residential services but which are not institutions for mental disease
(IMDs).
d. This service shall not be reimbursed for (i) individuals
with medical conditions that require hospital care; (ii) individuals with
primary diagnosis of substance abuse; or (iii) individuals with psychiatric
conditions that cannot be managed in the community (i.e., individuals who are
of imminent danger to themselves or others).
e. The maximum limit on this service is 60 days annually.
f. Services must be documented through daily progress notes
and a daily log of times spent in the delivery of services. The
service-specific provider intake, as defined at 12VAC30-50-130, shall document
the individual's behavior and describe how the individual meets criteria for
this service. Individuals qualifying for this service must demonstrate a
clinical necessity for the service arising from an acute crisis of a
psychiatric nature that puts the individual at risk of psychiatric hospitalization.
Individuals must meet at least two of the following criteria at the time of
admission to the service:
(1) Experience difficulty in establishing and maintaining
normal interpersonal relationships to such a degree that the individual is at
risk of psychiatric hospitalization, homelessness, or isolation from social
supports;
(2) Experience difficulty in activities of daily living such
as maintaining personal hygiene, preparing food and maintaining adequate
nutrition, or managing finances to such a degree that health or safety is
jeopardized;
(3) Exhibit such inappropriate behavior that immediate
interventions documented by the mental health, social services, or judicial
system are or have been necessary; or
(4) Exhibit difficulty in cognitive ability such that the
individual is unable to recognize personal danger or significantly
inappropriate social behavior.
g. These services may only be rendered by an LMHP,
LMHP-supervisee, LMHP-resident, LMHP-RP, QMHP-A, QMHP-C, QMHP-E or a certified
prescreener.
8. Mental health support skill-building services
(MHSS) shall be defined as goal-directed training and supports to
enable individuals to achieve and maintain community stability and independence
in the most appropriate, least restrictive environment. Authorization is
required for Medicaid reimbursement. Services that are rendered before the date
of service authorization shall not be reimbursed. These services may be
authorized up to six consecutive months as long as the individual meets the
coverage criteria for this service. The service-specific provider intake, as
defined at 12VAC30-50-130, shall document the individual's behavior and
describe how the individual meets criteria for this service. This program
These services shall provide goal-directed training in the
following services areas in order to be reimbursed by Medicaid or
the BHSA: training in or reinforcement of (i) functional
skills and appropriate behavior related to the individual's health and safety, instrumental
activities of daily living, and use of community resources; (ii)
assistance with medication management; and (iii) monitoring of
health, nutrition, and physical condition with goals towards self-monitoring
and self-regulation of all of these activities. Providers shall be reimbursed
only for training activities defined in the ISP and only where services meet
the service definition, eligibility, and service provision criteria and this
section. Service-specific provider intakes shall be repeated for all
individuals who have received at least six months of MHSS to determine the
continued need for this service.
a. Individuals qualifying for this service must shall
demonstrate a clinical necessity for the service arising from a condition due
to mental, behavioral, or emotional illness that results in significant
functional impairments in major life activities. Services are provided to
individuals who without these services would be unable to remain in the
community. The individual must meet at least two of the following criteria on a
continuing or intermittent basis: Services are provided to individuals
who require individualized goal-directed training in order to achieve or
maintain stability and independence in the community.
(1) Have difficulty in establishing or maintaining normal
interpersonal relationships to such a degree that the individual is at risk of
psychiatric hospitalization or homelessness or isolation from social supports;
(2) Require help in basic living skills such as maintaining
personal hygiene, preparing food and maintaining adequate nutrition or managing
finances to such a degree that health or safety is jeopardized;
(3) Exhibit such inappropriate behavior that repeated
interventions documented by the mental health, social services, or judicial
system are or have been necessary; or
(4) Exhibit difficulty in cognitive ability such that they
are unable to recognize personal danger or recognize significantly
inappropriate social behavior.
b. The individual must demonstrate functional impairments
in major life activities. This may include individuals with a dual diagnosis of
either mental illness and intellectual disability, or mental illness and
substance abuse disorder. Individuals ages 21 and older shall meet all
of the following criteria in order to be eligible to receive mental health
skill-building services:
(1) The individual shall have one of the following as a
primary mental health diagnosis:
(a) Schizophrenia or other psychotic disorder as set out in
the DSM-IV-TR or DSM-5;
(b) Major depressive disorder;
(c) Recurrent Bipolar I or Bipolar II; or
(d) Any other serious mental health disorder that a
physician has documented specific to the identified individual within the past
year and that includes all of the following: (i) is a serious mental illness;
(ii) results in severe and recurrent disability; (iii) produces functional
limitations in the individual's major life activities that are documented in
the individual's medical record; and (iv) requires individualized training for
the individual in order to achieve or maintain independent living in the
community.
(2) The individual shall require individualized
goal-directed training in order to acquire or maintain self-regulation of basic
living skills, such as symptom management; adherence to psychiatric and physical
health medication treatment plans; appropriate use of social skills and
personal support systems; skills to manage personal hygiene, food preparation,
and the maintenance of personal adequate nutrition; money management; and use
of community resources.
(3) The individual shall have a prior history of any of the
following: (i) psychiatric hospitalization; (ii) either residential or
nonresidential crisis stabilization; (iii) intensive community treatment (ICT)
or program of assertive community treatment (PACT) services; (iv) placement in
a psychiatric residential treatment facility (RTC-Level C) as a result of
decompensation related to the individual's serious mental illness; or (v) a
temporary detention order (TDO) evaluation, pursuant to § 37.2-809 B of the
Code of Virginia. This criterion shall be met in order to be initially admitted
to services and not for subsequent authorizations of service. Discharge
summaries from prior providers that clearly indicate (i) the type of treatment
provided, (ii) the dates of the treatment previously provided, and (iii) the
name of the treatment provider shall be sufficient to meet this requirement.
Family member statements shall not suffice to meet this requirement.
(4) The individual shall have had a prescription for
antipsychotic, mood stabilizing, or antidepressant medications within the 12
months prior to the service-specific provider intake date. If a physician or
other practitioner who is authorized by his license to prescribe medications
indicates that antipsychotic, mood stabilizing, or antidepressant medications
are medically contraindicated for the individual, the provider shall obtain
medical records signed by the physician or other licensed prescriber detailing
the contraindication. This documentation shall be maintained in the
individual's mental health skill-building services record, and the provider
shall document and describe how the individual will be able to actively
participate in and benefit from services without the assistance of medication.
This criterion shall be met upon admission to services and shall not be
required for subsequent authorizations of service. Discharge summaries from
prior providers that clearly indicate (i) the type of treatment provided, (ii)
the dates of the treatment previously provided, and (iii) the name of the
treatment provider shall be sufficient to meet this requirement. Family member
statements shall not suffice to meet this requirement.
c. Individuals younger than 21 years of age shall meet all
of the following criteria in order to be eligible to receive mental health
skill-building services:
(1) The individual, aged 16 years up to 21 years, shall not
be living in a supervised setting (such as a foster home, group home, or other
paid placement) and is providing for his own financial support or such an
individual shall be actively transitioning into an independent living situation
that is not a supervised setting (such as a foster home, group home, or other
paid placement) and is providing for his own financial support. If the
individual is transitioning into an independent living situation, MHSS shall
only be authorized for up to six months prior to the date of transition;
(2) The individual shall have at least one of the following
as a primary mental health diagnosis:
(a) Schizophrenia or other psychotic disorder as set out in
the DSM-IV-TR or DSM-5;
(b) Major depressive disorder;
(c) Recurrent Bipolar-I or Bipolar II; or
(d) Any other serious mental health disorder that a
physician has documented specific to the identified individual within the past
year and that includes all of the following: (i) is a serious mental illness or
serious emotional disturbance; (ii) results in severe and recurrent disability;
(iii) produces functional limitations in the individual's major life activities
that are documented in the individual's medical record; and (iv) requires
individualized training for the individual in order to achieve or maintain
independent living in the community;
(3) The individual shall require individualized goal-directed
training in order to acquire or maintain self-regulation of basic living skills
such as symptom management; adherence to psychiatric and physical health
medication treatment plans; appropriate use of social skills and personal
support systems; skills to manage personal hygiene, food preparation, and the
maintenance of personal adequate nutrition; money management; and use of
community resources.
(4) The individual shall have a prior history of any of the
following: (i) psychiatric hospitalization; (ii) either residential or
nonresidential crisis stabilization; (iii) intensive community treatment (ICT)
or program of assertive community treatment (PACT) services; (iv) placement in
a psychiatric residential treatment facility (RTC-Level C) as a result of
decompensation related to the individual's serious mental illness; or (v)
temporary detention order (TDO) evaluation pursuant to § 37.2-809 B of the Code
of Virginia,. This criterion shall be met in order to be initially admitted to
services and not for subsequent authorizations of service. Discharge summaries
from prior providers that clearly indicate (i) the type of treatment provided,
(ii) the dates of the treatment previously provided, and (iii) the name of the
treatment provider shall be sufficient to meet this requirement. Family member
statements shall not suffice to meet this requirement.
(5) The individual shall have had a prescription for
antipsychotic, mood stabilizing, or antidepressant medications, within the 12
months prior to the assessment date. If a physician or other practitioner who
is authorized by his license to prescribe medications indicates that
antipsychotic, mood stabilizing, or antidepressant medications are medically
contraindicated for the individual, the provider shall obtain medical records
signed by the physician or other licensed prescriber detailing the
contraindication. This documentation of medication management shall be
maintained in the individual's mental health skill-building services record.
For individuals not prescribed antipsychotic, mood stabilizing, or
antidepressant medications, the provider shall have documentation from the
medication management physician describing how the individual will be able to
actively participate in and benefit from services without the assistance of
medication. This criterion shall be met in order to be initially admitted to
services and not for subsequent authorizations of service. Discharge summaries
from prior providers that clearly indicate (i) the type of treatment provided,
(ii) the dates of the treatment previously provided, and (iii) the name of the
treatment provider shall be sufficient to meet this requirement. Family member
statements shall not suffice to meet this requirement.
(6) An independent clinical assessment, established in
12VAC30-130-3020, shall be completed for the individual.
c. d. Service-specific provider intakes shall be
required at the onset of services and individual service plans (ISPs) shall be
required during the entire duration of services. Services based upon
incomplete, missing, or outdated service-specific provider intakes or ISPs
shall be denied reimbursement. Requirements for provider-specific service-specific
provider intakes and ISPs are set out in 12VAC30-50-130.
d. e. The yearly limit for mental health support
skill-building services is 372 units. Only direct face-to-face
contacts and services to the individual shall be reimbursable. One unit is
at least one hour but less than three hours.
e. f. These services may only be rendered by an
LMHP, LMHP-supervisee, LMHP-resident, QMHP-A, QMHP-C, QMHP-E, or QPPMH.
g. The provider shall clearly document details of the
services provided during the entire amount of time billed.
h. The ISP shall not include activities that contradict or
duplicate those in the treatment plan established by the group home or assisted
living facility. The provider shall attempt to coordinate mental health
skill-building services with the treatment plan established by the group home
or assisted living facility and shall document all coordination activities in
the medical record.
i. Limits and exclusions.
(1) Group home (Level A or B) and assisted living facility
providers shall not serve as the mental health skill-building services provider
for individuals residing in the provider's respective facility. Individuals
residing in facilities may, however, receive MHSS from another MHSS agency not
affiliated with the owner of the facility in which they reside.
(2) Mental health skill-building services shall not be
reimbursed for individuals who are receiving in-home residential services or
congregate residential services through the Intellectual Disability Waiver or
Individual and Family Developmental Disabilities Support Waiver.
(3) Mental health skill-building services shall not be reimbursed
for individuals who are also receiving services under the Department of Social
Services independent living program (22VAC40-151), independent living services
(22VAC40-151 and 22VAC40-131), or independent living arrangement (22VAC40-131)
or any Comprehensive Services Act-funded independent living skills programs.
(4) Mental health skill-building services shall not be
available to individuals who are receiving treatment foster care
(12VAC30-130-900 et seq.).
(5) Mental health skill-building services shall not be
available to individuals who reside in intermediate care facilities for
individuals with intellectual disabilities or hospitals.
(6) Mental health skill-building services shall not be
available to individuals who reside in nursing facilities, except for up to 60
days prior to discharge. If the individual has not been discharged from the
nursing facility during the 60-day period of services, mental health
skill-building services shall be terminated and no further service
authorizations shall be available to the individual unless a provider can
demonstrate and document that mental health skill-building services are
necessary. Such documentation shall include facts demonstrating a change in the
individual's circumstances and a new plan for discharge requiring up to 60 days
of mental health skill-building services.
(7) Mental health skill-building services shall not be
available for residents of residential treatment centers (Level C facilities)
except for the intake code H0032 (modifier U8) in the seven days immediately
prior to discharge.
(8) Mental health skill-building services shall not be
reimbursed if personal care services or attendant care services are being
received simultaneously, unless justification is provided why this is necessary
in the individual's mental health skill-building services record. Medical
record documentation shall fully substantiate the need for services when
personal care or attendant care services are being provided. This applies to
individuals who are receiving additional services through the Intellectual
Disability Waiver (12VAC30-120-1000 et seq.), Individual and Family
Developmental Disabilities Support Waiver (12VAC30-120-700 et seq.), the
Elderly or Disabled with Consumer Direction Waiver (12VAC30-120-900 et seq.),
and EPSDT services (12VAC30-50-130).
(9) Mental health skill-building services shall not be
duplicative of other services. Providers shall be required to ensure that if an
individual is receiving additional therapeutic services that there will be
coordination of services by either the LMHP, LMHP-supervisee, LMHP-resident,
LMHP-resident in psychology, QMHP-A, QMHP-C, or QMHP-E to avoid duplication of
services.
(10) Individuals who have organic disorders, such as
delirium, dementia, or other cognitive disorders not elsewhere classified, will
be prohibited from receiving mental health skill-building services unless their
physicians issue signed and dated statements indicating that the individuals
can benefit from this service.
(11) Individuals who are not diagnosed with a serious
mental health disorder but who have personality disorders or other mental
health disorders, or both, that may lead to chronic disability shall not be
excluded from the mental health skill-building services eligibility criteria
provided that the individual has a primary mental health diagnosis from the
list included in subdivision B 8 b (1) or B 8 c (2) of this section and that
the provider can document and describe how the individual is expected to
actively participate in and benefit from mental health skill-building services.
DOCUMENTS INCORPORATED BY REFERENCE (12VAC30-50)
Diagnostic and Statistical Manual of Mental Disorders, Fourth
Edition DSM-IV-TR, copyright 2000, American Psychiatric Association
Diagnostic
and Statistical Manual of Mental Disorders, Fifth Edition, DSM-5, 2013,
American Psychiatric Association
Length of Stay by Diagnosis and Operation, Southern Region,
1996, HCIA, Inc.
Guidelines for Perinatal Care, 4th Edition, August 1997,
American Academy of Pediatrics and the American College of Obstetricians and
Gynecologists
Virginia Supplemental Drug Rebate Agreement Contract and
Addenda
Office Reference Manual (Smiles for Children), prepared by
DMAS' Dental Benefits Administrator, copyright 2005
(www.dmas.virginia.gov/downloads/pdfs/dental-office_reference_manual_06-09-05.pdf)
Patient Placement Criteria for the Treatment of
Substance-Related Disorders ASAM PPC-2R, Second Edition, copyright 2001,
American Society of Addiction Medicine
Virginia Medicaid Durable Medical Equipment and
Supplies Provider Manual, Appendix B (rev. 1/11), Department of Medical
Assistance Services
Human Services and Related Fields Approved
Degrees/Experience, Department of Behavioral Health and Developmental Services
(rev. 5/13)
12VAC30-60-143. Mental health services utilization criteria;
definitions.
A. This section sets out the utilization criteria and
standards relative to the community mental health services set out in
12VAC30-50-226. Definitions. The following words and terms when used
in this section shall have the following meanings unless the context indicates
otherwise:
"Licensed mental health professional" or
"LMHP" means the same as defined in 12VAC30-50-130.
"LMHP-resident" or "LMHP-R" means the
same as defined in 12VAC30-50-130.
"LMHP-resident in psychology" or
"LMHP-RP" means the same as defined in 12VAC30-50-130.
"LMHP-supervisee in social work," "LMHP-supervisee,"
or "LMHP-S" means the same as defined in 12VAC30-50-130.
"Qualified mental health professional-adult" or
"QMHP-A" means the same as defined in 12VAC30-50-130.
"Qualified mental health professional-child" or
"QMHP-C" means the same as defined in 12VAC30-50-130.
"Qualified mental health professional-eligible" or
"QMHP-E" means the same as defined in 12VAC30-50-130.
B. Utilization reviews shall include determinations that
providers meet the following requirements:
1. The provider shall meet the federal and state requirements
for administrative and financial management capacity. The provider shall
obtain, prior to the delivery of services, and shall maintain and update
periodically as the Department of Medical Assistance Services (DMAS) or its
contractor requires, a current provider enrollment agreement for each Medicaid
service that the provider offers. DMAS shall not reimburse providers who do not
enter into a provider enrollment agreement for a service prior to offering that
service.
2. The provider shall document and maintain individual case
records in accordance with state and federal requirements.
3. The provider shall ensure eligible individuals have free
choice of providers of mental health services and other medical care under the
Individual Service Plan.
4. Providers shall comply with DMAS marketing requirements as
set out in 12VAC30-130-2000. Providers that DMAS determines have violated these
marketing requirements shall be terminated as a Medicaid provider pursuant to
12VAC30-130-2000 E. Providers whose contracts are terminated shall be afforded
the right of appeal pursuant to the Administrative Process Act (§ 2.2-4000 et
seq. of the Code of Virginia).
5. If an individual receiving community mental health
rehabilitative services is also receiving case management services pursuant to
12VAC30-50-420 or 12VAC30-50-430, the provider shall collaborate with the case
manager by notifying the case manager of the provision of community mental
health rehabilitative services and sending monthly updates on the individual's
treatment status. A discharge summary shall be sent to the care
coordinator/case manager within 30 calendar days of the discontinuation of
services. Service providers and case managers who are using the same
electronic health record for the individual shall meet requirements for
delivery of the notification, monthly updates, and discharge summary upon entry
of this documentation into the electronic health record.
6. The provider shall determine who the primary care provider
is and inform him of the individual's receipt of community mental health
rehabilitative services. The documentation shall include who was contacted,
when the contact occurred, and what information was transmitted.
7. The provider shall include the individual and the
family/caregiver, as may be appropriate, in the development of the ISP. To the
extent that the individual's condition requires assistance for participation,
assistance shall be provided. The ISP shall be updated annually or as the needs
and progress of the individual changes. An ISP that is not updated either
annually or as the treatment interventions based on the needs and progress of
the individual change shall be considered outdated. An ISP that does not
include all required elements specified in 12VAC30-50-226 shall be considered
incomplete. All ISPs shall be completed, signed, and contemporaneously dated by
the LMHP, LMHP-supervisee, LMHP-resident, LMHP-RP, QMHP-A, QMHP-C, or QMHP-E
preparing the ISP within a maximum of 30 days of the date of the completed
intake unless otherwise specified. The child's or adolescent's ISP shall also
be signed by the parent/legal guardian and the adult individual shall sign his
own. If the individual, whether a child, adolescent, or an adult, is unwilling
to sign the ISP, then the service provider shall document the clinical or other
reasons why the individual was not able or willing to sign the ISP. Signatures
shall be obtained unless there is a clinical reason that renders the individual
unable to sign the ISP.
C. Day treatment/partial hospitalization services shall be
provided following a service-specific provider intake and be authorized by
the LMHP, LMHP-supervisee, LMHP-resident, or LMHP-RP. An ISP, as defined in
12VAC30-50-226, shall be fully completed, signed, and dated by either the LMHP,
LMHP-supervisee, LMHP-resident, LMHP-RP, the QMHP-A, QMHP-E, or QMHP-C and
reviewed/approved by the LMHP, LMHP-supervisee, LMHP-resident, or LMHP-RP
within 30 days of service initiation. a diagnostic assessment and be
authorized by the physician, licensed clinical psychologist, licensed
professional counselor, licensed clinical social worker, or licensed clinical
nurse specialist-psychiatric. An ISP shall be fully completed by either the
LMHP or the QMHP-A or QMHP-C as defined in 12VAC35-105-20 within 30 days of
service initiation.
1. The enrolled provider of day treatment/partial
hospitalization shall be licensed by DBHDS as providers of day treatment
services.
2. Services shall only be provided by an LMHP, LMHP-supervisee,
LMHP-resident, or LMHP-RP, QMHP-A, QMHP-C, QMHP-E, or a qualified
paraprofessional under the supervision of a QMHP-A, QMHP-C, QMHP-E, or an LMHP,
LMHP-supervisee, LMHP-resident, or LMHP-RP as defined at 12VAC35-105-20,
except for LMHP-supervisee, LMSP-resident, and LMHP-RP, which are defined in
12VAC30-50-226.
3. The program shall operate a minimum of two continuous hours
in a 24-hour period.
4. Individuals shall be discharged from this service when
other less intensive services may achieve or maintain psychiatric
stabilization.
D. Psychosocial rehabilitation services shall be provided to
those individuals who have experienced long-term or repeated psychiatric
hospitalization, or who experience difficulty in activities of daily living and
interpersonal skills, or whose support system is limited or nonexistent, or who
are unable to function in the community without intensive intervention or when
long-term services are needed to maintain the individual in the community.
1. Psychosocial rehabilitation services shall be provided
following a service-specific provider intake that clearly documents the need
for services. This intake that shall be completed by either an LMHP,
LMHP-supervisee, LMHP-resident, or LMHP-RP. An ISP shall be completed by either
the LMHP, LMHP-supervisee, LMHP-resident, or LMHP-RP, or the QMHP-A, QMHP-E, or
QMHP-C and be reviewed/approved by either an LMHP, LMHP-supervisee,
LMHP-resident, or LMHP-RP within 30 calendar days of service initiation. At
least every three months, the LMHP, LMHP-supervisee, LMHP-resident, LMHP-RP,
the QMHP-A, QMHP-C, or QMHP-E must review, modify as appropriate, and update
the ISP.
2. Psychosocial rehabilitation services of any individual that
continue more than six months shall be reviewed by an LMHP, LMHP-supervisee,
LMHP-resident, or LMHP-RP who shall document the continued need for the
service. The ISP shall be rewritten at least annually.
3. The enrolled provider of psychosocial rehabilitation
services shall be licensed by DBHDS as a provider of psychosocial
rehabilitation or clubhouse services.
4. Psychosocial rehabilitation services may be provided by an
LMHP, LMHP-supervisee, LMHP-resident, LMHP-RP, QMHP-A, QMHP-C, QMHP-E, or a
qualified paraprofessional under the supervision of a QMHP-A, a QMHP-C, a QMHP-E,
or an LMHP, LMHP-supervisee, LMHP-resident, or LMHP-RP.
5. The program shall operate a minimum of two continuous hours
in a 24-hour period.
6. Time allocated for field trips may be used to calculate
time and units if the goal is to provide training in an integrated setting, and
to increase the individual's understanding or ability to access community
resources.
E. Crisis Admission to crisis intervention
services shall be indicated following a marked reduction in the individual's
psychiatric, adaptive or behavioral functioning or an extreme increase in
personal distress.
1. The crisis intervention services provider shall be licensed
as a provider of emergency services by DBHDS pursuant to 12VAC35-105-30.
2. Client-related activities provided in association with a
face-to-face contact are reimbursable.
3. An individual service plan (ISP) shall not be required for
newly admitted individuals to receive this service. Inclusion of crisis
intervention as a service on the ISP shall not be required for the service to
be provided on an emergency basis.
4. For individuals receiving scheduled, short-term counseling
as part of the crisis intervention service, an ISP shall be developed or
revised by the fourth face-to-face contact to reflect the short-term
counseling goals by the fourth face-to-face contact.
5. Reimbursement shall be provided for short-term crisis
counseling contacts occurring within a 30-day period from the time of the first
face-to-face crisis contact. Other than the annual service limits, there are no
restrictions (regarding number of contacts or a given time period to be
covered) for reimbursement for unscheduled crisis contacts.
6. Crisis intervention services may be provided to eligible
individuals outside of the clinic and billed, provided the provision of
out-of-clinic services is clinically/programmatically appropriate. Travel by
staff to provide out-of-clinic services shall not be reimbursable. Crisis
intervention may involve contacts with the family or significant others. If
other clinic services are billed at the same time as crisis intervention,
documentation must clearly support the separation of the services with distinct
treatment goals.
7. An LMHP, LMHP-supervisee, LMHP-resident, LMHP-RP, or a
certified prescreener, as defined in 12VAC30-50-226, shall conduct a
face-to-face service-specific provider intake. The assessment shall document
the need for and the anticipated duration of the crisis service. Crisis
intervention will be provided by an LMHP or a certified prescreener.
8. Crisis intervention shall be provided by either an LMHP,
LMHP-supervisee, LMHP-resident, LMHP-RP, or a certified prescreener.
9. For an admission to a freestanding inpatient psychiatric
facility for individuals younger than age 21, federal regulations (42 CFR
441.152) require certification of the admission by an independent team. The
independent team must include mental health professionals, including a
physician. These preadmission screenings cannot be billed unless the
requirement for an independent team certification, with a physician's
signature, is met.
10. Services shall be documented through daily notes and a
daily log of time spent in the delivery of services.
F. Case management services pursuant to 12VAC30-50-420
(seriously mentally ill adults and emotionally disturbed children) or
12VAC30-50-430 (youth at risk of serious emotional disturbance).
1. Reimbursement shall be provided only for "active"
case management clients, as defined. An active client for case management shall
mean an individual for whom there is an ISP in effect that requires regular
direct or client-related contacts or activity or communication with the
individuals or families, significant others, service providers, and others
including a minimum of one face-to-face individual contact within a 90-day
period. Billing can be submitted only for months in which direct or
client-related contacts, activity or communications occur.
2. The Medicaid eligible individual shall meet the DBHDS
criteria of serious mental illness, serious emotional disturbance in children
and adolescents, or youth at risk of serious emotional disturbance.
3. There shall be no maximum service limits for case
management services. Case management shall not be billed for persons in
institutions for mental disease.
4. The ISP shall document the need for case management and be
fully completed within 30 calendar days of initiation of the service. The case
manager shall review the ISP at least every three months. The review will be
due by the last day of the third month following the month in which the last
review was completed. A grace period will be granted up to the last day of the
fourth month following the month of the last review. When the review was
completed in a grace period, the next subsequent review shall be scheduled
three months from the month the review was due and not the date of actual
review.
5. The ISP shall also be updated at least annually.
6. The provider of case management services shall be licensed
by DBHDS as a provider of case management services.
G. Intensive community treatment (ICT).
1. A service-specific provider intake that documents
eligibility and the need for this service shall be completed by either the
LMHP, LMHP-supervisee, LMHP-resident, or LMHP-RP prior to the initiation of services.
This intake documentation shall be maintained in the individual's
records. Proper completion of the service-specific provider intake shall
comport with the requirements of 12VAC30-50-130.
2. An individual service plan, based on the needs as determined
by the service-specific provider intake, must be initiated at the time of
admission and must be fully developed by either the LMHP, LMHP-supervisee,
LMHP-resident, LMHP-RP, QMHP-A, QMHP-C, or QMHP-E and approved by the LMHP,
LMHP-supervisee, LMHP-resident, or LMHP-RP within 30 days of the initiation of
services.
3. ICT may be billed if the individual is brought to the
facility by ICT staff to see the psychiatrist. Documentation must be present in
the individual's record to support this intervention.
4. The enrolled ICT provider shall be licensed by the DBHDS as
a provider of intensive community services or as a program of assertive
community treatment, and must provide and make available emergency services
24-hours per day, seven days per week, 365 days per year, either directly or on
call.
5. ICT services must be documented through a daily log of time
spent in the delivery of services and a description of the activities/services
provided. There must also be at least a weekly note documenting progress or
lack of progress toward goals and objectives as outlined on the ISP.
H. Crisis stabilization services.
1. This service shall be authorized following a face-to-face
service-specific provider intake by either an LMHP, LMHP-supervisee,
LMHP-resident, LMHP-RP, or a certified prescreener, as defined in
12VAC30-50-226.
2. The service-specific provider intake must document the need
for crisis stabilization services.
3. The Individual Service Plan (ISP) must be developed or
revised within three calendar days of admission to this service. The LMHP,
LMHP-supervisee, LMHP-resident, LMHP-RP, certified prescreener, QMHP-A, QMHP-C,
or QMHP-E shall develop the ISP.
4. Room and board, custodial care, and general supervision are
not components of this service.
5. Clinic option services are not billable at the same time
crisis stabilization services are provided with the exception of clinic visits
for medication management. Medication management visits may be billed at the
same time that crisis stabilization services are provided but documentation
must clearly support the separation of the services with distinct treatment
goals.
6. Individuals qualifying for this service must demonstrate a
clinical necessity for the service arising from a condition due to an acute crisis
of a psychiatric nature which puts the individual at risk of psychiatric
hospitalization.
7. Providers of residential crisis stabilization shall be
licensed by DBHDS as providers of mental health residential or
nonresidential crisis stabilization services. Providers of
community-based crisis stabilization shall be licensed by DBHDS as providers of
mental health nonresidential crisis stabilization.
I. Mental health support skill-building
services as defined in 12VAC30-50-226 B 8. Refer to 12VAC30-50-226
for criteria, service authorization requirements, and service-specific provider
intakes that shall apply for individuals in order to qualify for this service.
1. Prior to At admission, an appropriate
face-to-face service-specific provider intake must be completed, conducted,
documented, signed, and dated, and documented by the LMHP,
LMHP-supervisee, LMHP-resident, or LMHP-RP indicating that service needs can
best be met through mental health support services. Providers shall be
reimbursed one unit for each intake utilizing the appropriate billing code.
Service-specific provider intakes shall be repeated when the individual
receives six months of continual care and upon any lapse in services of more
than 30 calendar days.
2. The ISP, as defined in 12VAC30-50-226, shall be
completed, signed, and dated by either a LMHP, LMHP-supervisee, LMHP-resident,
LMHP-RP, QMHP-A, QMHP-C, or QMHP-E within 30 calendar days of service
initiation, and shall indicate the specific supports and services to be
provided and the goals and objectives to be accomplished. The LMHP,
LMHP-supervisee, LMHP-resident, or LMHP-RP or QMHP-A, QMHP-C, or QMHP-E shall
supervise the care if delivered by the qualified paraprofessional. If the care
is supervised by the QMHP-A, QMHP-E, or QMHP-C, then the LMHP, LMHP-supervisee,
LMHP-resident, or LMHP-RP shall review and approve the supervision of the care
delivered by the qualified paraprofessional.
3. Every three months, the LMHP, LMHP-supervisee,
LMHP-resident, LMHP-RP, QMHP-A, QMHP-C, or QMHP-E shall review, modify as
appropriate, and update the ISP showing a new signature and date of each
revision. If the ISP review is conducted by the QMHP-A, QMHP-C, or QMHP-E, then
it shall be reviewed/approved/signed/dated by the LMHP, LMHP-supervisee, LMHP-resident,
or LMHP-RP. The ISP shall be rewritten, signed, and dated by either a QMHP-A,
QMHP-C, QMHP-E, an LMHP, LMHP-supervisee, LMHP-resident, or LMHP-RP at least
annually.
4. Only direct face-to-face contacts and services to
individuals shall be reimbursable.
5. Any services provided to the individual that are
strictly academic in nature shall not be billable. These include, but are not
limited to, such basic educational programs as instruction in reading, science,
mathematics, or the individual's work towards obtaining a GED.
6. Any services provided to individuals that are strictly
vocational in nature shall not be billable. However, support activities and
activities directly related to assisting an individual to cope with a mental
illness to the degree necessary to develop appropriate behaviors for operating
in an overall work environment shall be billable.
7. Room and board, custodial care, and general supervision
are not components of this service.
8. This service is not billable for individuals who reside
in facilities where staff are expected to provide such services under facility
licensure requirements.
9. Provider qualifications. The enrolled provider of mental
health support services shall be licensed by DBHDS as a provider of supportive
in-home services, intensive community treatment, or as a program of assertive
community treatment. Individuals employed or contracted by the provider to
provide mental health support services shall have training in the
characteristics of mental illness and appropriate interventions, training
strategies, and support methods for persons with mental illness and functional
limitations.
10. Mental health support services, which continue for six
consecutive months, shall be reviewed and renewed at the end of the six-month
period of authorization by an LMHP, LMHP-supervisee, LMHP-resident, or LMHP-RP
who shall document the continued need for the services.
11. Mental health support services shall be documented
through a daily log of time involved in the delivery of services and a minimum
of a weekly summary note of services provided.
2. The primary psychiatric diagnosis shall be documented as
part of the intake. The LMHP, LMHP-supervisee, or LMHP-resident performing the
intake shall document the primary mental health diagnosis on the intake form.
3. The LMHP, LMHP-supervisee, or LMHP-resident shall
complete, sign, and date the ISP within 30 days of the admission to this
service. The ISP shall include documentation of how many days per week and how
many hours per week are required to carry out the goals in the ISP. The total
time billed for the week shall not exceed the frequency established in the
individual's ISP. The ISP shall indicate the dated signature of the LMHP,
LMHP-supervisee, or LMHP-resident and the individual. The ISP shall indicate
the specific training and services to be provided, the goals and objectives to
be accomplished, and criteria for discharge as part of a discharge plan that
includes the projected length of service. If the individual refuses to sign the
ISP, this shall be noted in the individual's medical record documentation.
4. Every three months, the LMHP, LMHP-supervisee,
LMHP-resident, QMHP-A, QMHP-C, or QMHP-E shall review with the individual in a
manner in which he may participate with the process, modify as appropriate, and
update the ISP. The ISP must be rewritten at least annually.
a. The goals, objectives, and strategies of the ISP shall
be updated to reflect any change or changes in the individual's progress and
treatment needs as well as any newly identified problem.
b. Documentation of this review shall be added to the
individual's medical record no later than the last day of the month in which
this review is conducted, as evidenced by the dated signatures of the LMHP,
LMHP-supervisee, LMHP-resident, QMHP-A, QMHP-C, or QMHP-E and the individual.
5. The ISP shall include discharge goals that will enable
the individual to achieve and maintain community stability and independence.
The ISP shall fully support the need for interventions over the length of the
period of service requested from the service authorization contractor.
6. Reauthorizations for service shall only be granted if
the provider demonstrates to either DMAS or the service authorization
contractor that the individual is benefitting from the service as evidenced by
updates and modifications to the ISP that demonstrate progress toward ISP goals
and objectives.
7. If the provider knows or has reason to know of the
individual's nonadherence to a regimen of prescribed medication, medication
adherence shall be a goal in the individual's ISP. If the care is delivered by
the qualified paraprofessional, the supervising LMHP, LMHP-supervisee,
LMHP-resident, QMHP-A, or QMHP-C shall be informed of any medication regimen
nonadherence. The LMHP, LMHP-supervisee, LMHP-resident, QMHP-A, or QMHP-C shall
coordinate care with the prescribing physician regarding any medication regimen
nonadherence concerns. The provider shall document the following minimum
elements of the contact between the LMHP, LMHP-supervisee, LMHP-resident,
QMHP-A, or QMHP-C and the prescribing physician:
a. Name and title of caller;
b. Name and title of professional who was called;
c. Name of organization that the prescribing professional
works for;
d. Date and time of call;
e. Reason for the care coordination call;
f. Description of medication regimen issue or issues to be
discussed; and
g. Whether or not there was a resolution of medication regimen
issue or issues.
8. Discharge summaries shall be prepared by providers for
all of the individuals in their care. Documentation of prior psychiatric
services history shall be maintained in the individual's mental health
skill-building services medical record.
9. Documentation of prior psychiatric services history
shall be maintained in the individual's mental health skill-building services
medical record. The provider shall document evidence of the individual's prior
psychiatric services history, as required by 12VAC30-50-226 B 8 b (3) and
12VAC30-50-226 B 8 c (4), by contacting the prior provider or providers of such
health care services after obtaining written consent from the individual.
Documentation of telephone contacts with the prior provider shall include the
following minimum elements:
a. Name and title of caller;
b. Name and title of professional who was called;
c. Name of organization that the professional works for;
d. Date and time of call;
e. Specific placement provided;
f. Type of treatment previously provided;
g. Name of treatment provider; and
h. Dates of previous treatment.
10. The provider shall document evidence of the psychiatric
medication history, as required by 12VAC30-50-226 B 8 b (4) and 12VAC30-50-226
B 8 c (5), by maintaining a photocopy of prescription information from a
prescription bottle or by contacting a prior provider of health care services
or pharmacy after obtaining written consent from the individual. Prescription
lists or medical records obtained from the pharmacy or provider of health care
services that contain (i) the name of the prescribing physician, (ii) the name
of the medication with dosage and frequency, and (iii) the date of the
prescription shall be sufficient to meet these criteria.
11. In the absence of such documentation, the current
provider shall document all contacts (i.e., telephone, faxes) with the pharmacy
or provider of health care services with the following minimum elements: (i)
name and title of caller, (ii) name and title of prior professional who was
called, (iii) name of organization that the professional works for, (iv) date
and time of call, (v) specific prescription confirmed, (vi) name of prescribing
physician, (vii) name of medication, and (viii) date of prescription.
12. Only direct face-to-face contacts and services to an
individual shall be reimbursable.
13. Any services provided to the individual that are
strictly academic in nature shall not be billable. These include, but are not
limited to, such basic educational programs as instruction or tutoring in
reading, science, mathematics, or GED.
14. Any services provided to individuals that are strictly
vocational in nature shall not be billable. However, support activities and
activities directly related to assisting an individual to cope with a mental
illness to the degree necessary to develop appropriate behaviors for operating
in an overall work environment shall be billable.
15. Room and board, custodial care, and general supervision
are not components of this service.
16. Provider qualifications. The enrolled provider of
mental health skill-building services must be licensed by DBHDS as a provider
of mental health community support. Individuals employed or contracted by the
provider to provide mental health skill-building services must have training in
the characteristics of mental illness and appropriate interventions, training
strategies, and support methods for persons with mental illness and functional
limitations. Mental health skill-building services shall be provided by either
an LMHP, LMHP-supervisee, LMHP-resident, QMHP-A, QMHP-C, QMHP-E, or QMHPP. The
LMHP, LMHP-supervisee, LMHP-resident, QMHP-A, or QMHP-C will supervise the care
weekly if delivered by the QMHP-E or QMHPP. Documentation of supervision shall
be maintained in the mental health skill-building services record.
17. Mental health skill-building services, which may
continue for up to six consecutive months, must be reviewed and renewed at the
end of the period of authorization by an LMHP, LMHP-supervisee, or
LMHP-resident who must document the continued need for the services.
18. Mental health skill-building services must be
documented through a daily log of time involved in the delivery of services and
a minimum of a weekly summary note of services provided. The provider shall
clearly document services provided to detail what occurred during the entire
amount of the time billed.
19. If mental health skill-building services are provided
in a group home (Level A or B) or assisted living facility, effective July 1,
2014, there shall be a yearly limit of up to 4160 units per fiscal year and a
weekly limit of up to 80 units per week, with at least half of each week's
services provided outside of the group home or assisted living facility. There shall
be a daily limit of a maximum of 20 units. Prior to July 1, 2014, the previous
limits shall apply. The ISP shall not include activities that contradict or
duplicate those in the treatment plan established by the group home or assisted
living facility. The provider shall attempt to coordinate mental health
skill-building services with the treatment plan established by the group home
or assisted living facility and shall document all coordination activities in
the medical record.
20. Limits and exclusions.
a. Group home (Level A or B) and assisted living facility
providers shall not serve as the mental health skill-building services provider
for individuals residing in the provider's respective facility. Individuals
residing in facilities may, however, receive MHSS from another MHSS agency not
affiliated with the owner of the facility in which they reside.
b. Mental health skill-building services shall not be
reimbursed for individuals who are receiving in-home residential services or
congregate residential services through the Intellectual Disability Waiver or
Individual and Family Developmental Disabilities Support Waiver.
c. Mental health skill-building services shall not be
reimbursed for individuals who are also receiving independent living skills
services, the Department of Social Services independent living program
(22VAC40-151), independent living services (22VAC40-151 and 22VAC40-131), or
independent living arrangement (22VAC40-131) or any Comprehensive Services
Act-funded independent living skills programs.
d. Mental health skill-building services shall not be
available to individuals who are receiving treatment foster care
(12VAC30-130-900 et seq.).
e. Mental health skill-building services shall not be
available to individuals who reside in intermediate care facilities for
individuals with intellectual disabilities or hospitals.
f. Mental health skill-building services shall not be
available to individuals who reside in nursing facilities, except for up to 60
days prior to discharge. If the individual has not been discharged from the
nursing facility during the 60-day period of services, mental health
skill-building services shall be terminated and no further service
authorizations shall be available to the individual unless a provider can
demonstrate and document that mental health skill-building services are
necessary. Such documentation shall include facts demonstrating a change in the
individual's circumstances and a new plan for discharge requiring up to 60 days
of mental health skill-building services.
g. Mental health skill-building services shall not be
available for residents of residential treatment centers (Level C facilities)
except for the intake code H0032 (modifier U8) in the seven days immediately
prior to discharge.
h. Mental health skill-building services shall not be
reimbursed if personal care services or attendant care services are being
received simultaneously, unless justification is provided why this is necessary
in the individual's mental health skill-building services record. Medical
record documentation shall fully substantiate the need for services when
personal care or attendant care services are being provided. This applies to
individuals who are receiving additional services through the Intellectual
Disability Waiver (12VAC30-120-1000 et seq.), Individual and Family
Developmental Disabilities Support Waiver (12VAC30-120-700 et seq.), the
Elderly or Disabled with Consumer Direction Waiver (12VAC30-120-900 et seq.),
and EPSDT services (12VAC30-50-130).
i. Mental health skill-building services shall not be
duplicative of other services. Providers have a responsibility to ensure that
if an individual is receiving additional therapeutic services that there will
be coordination of services by either the LMHP, LMHP-supervisee, LMHP-resident,
QMHP-A, QMHP-C, or QMHP-E to avoid duplication of services.
j. Individuals who have organic disorders, such as
delirium, dementia, or other cognitive disorders not elsewhere classified, will
be prohibited from receiving mental health skill-building services unless their
physicians issue a signed and dated statement indicating that the individuals
can benefit from this service.
k. Individuals who are not diagnosed with a serious mental
health disorder but who have personality disorders or other mental health
disorders, or both, that may lead to chronic disability, will not be excluded
from the mental health skill-building services eligibility criteria provided
that the individual has a primary mental health diagnosis from the list
included in 12VAC30-50-226 B 8 b (1) or 12VAC30-50-226 B 8 c (2) and that the
provider can document and describe how the individual is expected to actively
participate in and benefit from mental health support services.
J. Except as noted in subdivision I 20 of this section and
in 12VAC30-50-226 B 6 d, the limits described in this regulation and all others
identified in 12VAC30-50-226 shall apply to all service authorization requests
submitted to either DMAS or the BHSA as of [the effective date of this
regulation]. As of [the effective date of these regulations], all annual
limits, weekly limits, daily limits, and reimbursement for services shall apply
to all services described in 12VAC30-50-226 regardless of the date upon which
service authorization was obtained.
VA.R. Doc. No. R14-3451; Filed August 3, 2015, 9:18 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF FUNERAL DIRECTORS AND EMBALMERS
Final Regulation
REGISTRAR'S NOTICE: The
Board of Funeral Directors and Embalmers is claiming an exemption from Article
2 of 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 or the appropriation act where no agency
discretion is involved. The Board of Funeral Directors and Embalmers will
receive, consider, and respond to petitions by any interested person at any
time with respect to reconsideration or revision.
Title of Regulation: 18VAC65-20. Regulations of the
Board of Funeral Directors and Embalmers (amending 18VAC65-20-60, 18VAC65-20-400).
Statutory Authority: §§ 54.1-2400 and 54.1-2819 of
the Code of Virginia.
Effective Date: September 23, 2015.
Agency Contact: Lisa Russell Hahn, Executive Director,
Board of Funeral Directors and Embalmers, 9960 Mayland Drive, Suite 300,
Richmond, VA 23233-1463, telephone (804) 367-4424, FAX (804) 527-4637, or email
lisa.hahn@dhp.virginia.gov.
Summary:
Pursuant to Chapter 110 of the 2015 Acts of Assembly, the
amendments require a surface transportation and removal service to notify the
Board of Funeral Directors and Embalmers within 30 days of any change in the
manager of record and to include the name of a manager of record on its
application for registration.
18VAC65-20-60. Accuracy of information.
A. All changes in the address of record or the public
address, if different from the address of record, or in the name of a licensee
or registrant shall be furnished to the board within 30 days after the change
occurs.
B. Any change in ownership or manager of record for an
establishment or crematory shall be reported to the board within 14 days of the
change.
C. A surface transportation and removal service shall
notify the board within 30 days of any change in the name of the manager on
record with the board.
C. D. All notices required by law and by this
chapter to be mailed by the board to any registrant or licensee shall be
validly given when mailed to the latest address of record on file with the
board and shall not relieve the licensee, funeral service intern, establishment,
crematory, or firm of obligation to comply.
Part IV
Registration
18VAC65-20-400. Registration of surface transportation and
removal services.
All persons applying to own or operate a surface
transportation and removal service, according to requirements of § 54.1-2819
of the Code of Virginia, shall submit an application package for registration
which shall include:
1. A completed and signed application;
2. The fee prescribed in 18VAC65-20-70 A 3; and
3. Additional documentation as may be required by the board to
determine eligibility of the applicant, including, but not limited to, evidence
of training in compliance with standards of the Occupational Safety and Health
Administration (OSHA) for universal precautions and blood-borne pathogens;
and
4. The name of the manager for the service.
VA.R. Doc. No. R15-4315; Filed July 27, 2015, 2:52 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF OPTOMETRY
Final Regulation
REGISTRAR'S NOTICE: The
Board of Optometry is claiming an exemption from Article 2 of 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
Board of Optometry will receive, consider, and respond to petitions from any
interested person at any time with respect to reconsideration or revision.
Title of Regulation: 18VAC105-20. Regulations
Governing the Practice of Optometry (amending 18VAC105-20-47).
Statutory Authority: §§ 54.1-2400 and 54.1-3223 of
the Code of Virginia.
Effective Date: September 23, 2015.
Agency Contact: Leslie L. Knachel, Executive Director,
Board of Optometry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233,
telephone (804) 367-4508, FAX (804) 527-4471, or email
leslie.knachel@dhp.virginia.gov.
Summary:
The amendment conforms to Chapter 355 of the 2015 Acts of
Assembly by adding Schedule II controlled substances consisting of hydrocodone
in combination with acetaminophen to the list of oral analgesics that may be
prescribed by optometrists.
18VAC105-20-47. Therapeutic pharmaceutical agents.
A. A TPA-certified optometrist, acting within the scope of
his practice, may procure, administer and prescribe medically appropriate
therapeutic pharmaceutical agents (or any therapeutically appropriate
combination thereof) to treat diseases and abnormal conditions of the human eye
and its adnexa within the following categories:
1. Oral analgesics -- Schedule II controlled substances
consisting of hydrocodone in combination with acetaminophen and Schedule
III, IV and VI narcotic and nonnarcotic agents.
2. Topically administered Schedule VI agents:
a. Alpha-adrenergic blocking agents;
b. Anesthetic (including esters and amides);
c. Anti-allergy (including antihistamines and mast cell
stabilizers);
d. Anti-fungal;
e. Anti-glaucoma (including carbonic anhydrase inhibitors and
hyperosmotics);
f. Anti-infective (including antibiotics and antivirals);
g. Anti-inflammatory;
h. Cycloplegics and mydiratics;
i. Decongestants; and
j. Immunosuppressive agents.
3. Orally administered Schedule VI agents:
a. Aminocaproic acids (including antifibrinolytic agents);
b. Anti-allergy (including antihistamines and leukotriene
inhibitors);
c. Anti-fungal;
d. Anti-glaucoma (including carbonic anhydrase inhibitors and
hyperosmotics);
e. Anti-infective (including antibiotics and antivirals);
f. Anti-inflammatory (including steroidal and nonsteroidal);
g. Decongestants; and
h. Immunosuppressive agents.
B. Schedule I, II and V drugs are excluded from the list of
therapeutic pharmaceutical agents.
C. Over-the-counter topical and oral medications for the
treatment of the eye and its adnexa may be procured for administration,
administered, prescribed or dispensed.
VA.R. Doc. No. R15-4313; Filed August 3, 2015, 8:52 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF OPTOMETRY
Final Regulation
REGISTRAR'S NOTICE: The
Board of Optometry is claiming an exemption from Article 2 of the
Administrative Process Act in accordance with § 2.2-4006 A 6 of the Code
of Virginia, which excludes regulations of the regulatory boards served by the
Department of Health Professions pursuant to Title 54.1 of the Code of Virginia
that are limited to reducing fees charged to regulants and applicants. The
Board of Optometry will receive, consider, and respond to petitions by any
interested person at any time with respect to reconsideration or revision.
Title of Regulation:
18VAC105-20. Regulations Governing the Practice of Optometry (amending 18VAC105-20-20).
Statutory Authority: §§ 54.1-2400 and 54.1-3223 of the
Code of Virginia.
Effective Date: September 23, 2015.
Agency Contact: Leslie L. Knachel, Executive Director,
Board of Optometry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233,
telephone (804) 367-4508, FAX (804) 527-4471, or email leslie.knachel@dhp.virginia.gov.
Summary:
The amendments reduce renewal fees for an optometrist with
certification in therapeutic pharmaceutical agents (TPA), for an optometrist
without certification in TPA, and for a professional designation for the
renewal year of 2015.
18VAC105-20-20. Fees.
A. Required fees.
Initial application and licensure (including TPA
certification)
|
$250
|
Application for TPA certification
|
$200
|
Annual licensure renewal without TPA certification
|
$150
|
Annual licensure renewal with TPA certification
|
$200
|
Late renewal without TPA certification
|
$50
|
Late renewal with TPA certification
|
$65
|
Returned check
|
$35
|
Professional designation application
|
$100
|
Annual professional designation renewal (per location)
|
$50
|
Late renewal of professional designation
|
$20
|
Reinstatement application fee (including renewal and late
fees)
|
$400
|
Reinstatement application after disciplinary action
|
$500
|
Duplicate wall certificate
|
$25
|
Duplicate license
|
$10
|
Licensure verification
|
$10
|
B. Unless otherwise specified, all fees are nonrefundable.
C. From October 31, 2015, to December 31, 2015, the
following fees shall be in effect:
Annual licensure renewal without TPA certification
|
$100
|
Annual licensure renewal with TPA certification
|
$135
|
Annual professional designation renewal (per location)
|
$30
|
VA.R. Doc. No. R15-4440; Filed August 3, 2015, 8:51 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION
Final Regulation
REGISTRAR'S NOTICE: The
Department of Professional and Occupational Regulation is claiming an exemption
from Article 2 of 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 Department of Professional and Occupational
Regulation will receive, consider, and respond to petitions from any interested
person at any time with respect to reconsideration or revision.
Title of Regulation: 18VAC120-40. Virginia
Professional Boxing and Wrestling Events Regulations (amending 18VAC120-40-10).
Statutory Authority: § 54.1-831 of the Code of
Virginia.
Effective Date: October 1, 2015.
Agency Contact: Kathleen R. Nosbisch, Executive
Director, Department of Professional and Occupational Regulation, 9960 Mayland
Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866)
465-6206, or email boxing@dpor.virginia.gov.
Summary:
The amendment conforms to Chapters 216 and 264 of the 2015
Acts of Assembly, which authorize the Director of the Department of
Professional and Occupational Regulation to approve sanctioning organizations
to oversee the conduct of amateur boxing and martial arts events. Specifically,
the amendment removes language exempting certain amateur boxing and wrestling
contests from Chapter 8.1 (§ 54.1-828 et seq.) of Title 54.1 of the Code
of Virginia and from the provisions of this regulation.
Part I
Scope
18VAC120-40-10. Scope.
This chapter contains procedures and requirements for the
licensure of individuals and firms to engage in the conduct of professional
boxing and wrestling events as provided for in Chapter 8.1 (§ 54.1-828 et seq.)
of Title 54.1 of the Code of Virginia.
Amateur boxing and wrestling contests, where the
participants receive no money, compensation, including a promise of
participation in a future nonamateur event, or reward other than a suitably
inscribed memento are exempt from the provisions of Chapter 8.1 of Title 54.1
of the Code of Virginia and from the provisions of this chapter. Amateurs may
participate in licensed events only if the portion of the event containing
amateur matches is sanctioned by a nationally recognized sanctioning
organization. The department will not exercise any control over amateur
contests that take place during a licensed event.
The director of the department is empowered to (i) promulgate
this chapter, (ii) issue licenses, (iii) investigate to determine compliance
with this chapter, and (iv) take disciplinary action, in accordance with the
Virginia Administrative Process Act, against those who fail to comply with this
chapter. Furthermore, to the extent applicable, this chapter shall be construed
in accordance with and governed by Virginia's Administrative Process Act. The
director is also empowered to contract with a vendor to perform certain tasks
on the director's behalf. These tasks include examining and recommending
licensure, investigating and ensuring that events are conducted in compliance
with statutes and regulations, performing clerical duties, collecting fees,
maintaining records, developing proposed regulations, and recommending
enforcement actions.
VA.R. Doc. No. R15-4460; Filed July 31, 2015, 11:11 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
REAL ESTATE BOARD
Final Regulation
Title of Regulation: 18VAC135-20. Virginia Real
Estate Board Licensing Regulations (amending 18VAC135-20-10 through 18VAC135-20-45,
18VAC135-20-60, 18VAC135-20-70, 18VAC135-20-80, 18VAC135-20-101,
18VAC135-20-120, 18VAC135-20-140, 18VAC135-20-155 through 18VAC135-20-240,
18VAC135-20-260 through 18VAC135-20-310, 18VAC135-20-360; adding
18VAC135-20-55, 18VAC135-20-165, 18VAC135-20-225; repealing 18VAC135-20-100,
18VAC135-20-105).
Statutory Authority: §§ 54.1-201 and 54.1-2105 of the
Code of Virginia.
Effective Date: November 1, 2015.
Agency Contact: Christine Martine, Executive Director,
Real Estate Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone
(804) 367-8552, FAX (804) 527-4299, or email reboard@dpor.virginia.gov.
Summary:
The amendments (i) establish voluntary compliance and
mandatory audit procedures; (ii) require a reciprocity licensee to pass the
board's written examination within 12 months prior to applying for a license;
(iii) require initial license applicants to submit to fingerprinting; (iv)
allow a licensee to carryover excess continuing education credits into the next
renewal period; (v) pursuant to Chapter 692 of the 2015 Acts of Assembly,
require curricula for brokers and salespersons who are new licensees of the
board and continuing education curricula for salespersons to include
information on flood hazard areas and the National Flood Insurance Program
beginning January 1, 2016; (vi) make clear that the board can discipline both
licensees and certificate holders; (vii) allow a broker to exchange his license
to that of a salesperson; (viii) remove the $90 cap on the license examination
fee; (ix) require that a proprietary school applicant demonstrate a minimum net
worth; (x) offer more options to qualify for prelicense instructor certification;
(xi) change requirements for maintenance and management of financial records
and amend the list of actions that constitute improper dealing; (xii) change
the requirements for maintenance and management of escrow accounts; and (xiii)
remove proposed language regarding courses needing distance education
certification from the Association of Real Estate License Law Officials or
substantially equivalent certification.
Summary of Public Comments and Agency's Response: A
summary of comments made by the public and the agency's response may be
obtained from the promulgating agency or viewed at the office of the Registrar
of Regulations.
Part I
General
18VAC135-20-10. Definitions.
The following words and terms when used in this chapter
unless a different meaning is provided or is plainly required by the context
shall have the following meanings:
"Active" means any broker or salesperson who is
under the supervision of a principal or supervising broker of a firm or sole
proprietor and who is performing those activities defined in §§ 54.1-2100
and 54.1-2101 of the Code of Virginia.
"Actively engaged" means active licensure with a
licensed real estate firm or sole proprietorship in performing those activities
as defined in §§ 54.1-2100 and 54.1-2101 of the Code of Virginia for an average
of at least 40 hours per week. This requirement may be waived at the discretion
of the board in accordance with § 54.1-2105 of the Code of Virginia.
"Actively engaged in the brokerage business" means
anyone who holds an active real estate license.
"Associate broker" means any individual licensee of
the board holding a broker's license other than one who has been designated as
the principal broker.
"Client" means a person who has entered into a
brokerage relationship with a licensee as defined by § 54.1-2130 of the Code of
Virginia.
"Firm" means any sole proprietorship (nonbroker
owner), partnership, association, limited liability company, or corporation,
other than a sole proprietorship (principal broker owner), which is required by
18VAC135-20-20 B to obtain a separate brokerage firm license. The firm's
licensed name may be any assumed or fictitious name properly filed with the
board.
"Inactive status" refers to any broker or
salesperson who is not under the supervision of a principal broker or
supervising broker, who is not active with a firm or sole proprietorship and
who is not performing any of the activities defined in §§ 54.1-2100 and
54.1-2101 of the Code of Virginia.
"Independent contractor" means a licensee who acts
for or represents a client other than as a standard agent and whose duties and
obligations are governed by a written contract between the licensee and the
client.
"Licensee" means real estate brokers and
salespersons as defined in Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1 of
the Code of Virginia [ or real estate firms ].
"Principal broker" means the individual broker who
shall be designated by each firm to assure compliance with Chapter 21 (§ 54.1-2100
et seq.) of Title 54.1 of the Code of Virginia, and this chapter, and to
receive communications and notices from the board which may affect the firm or
any licensee active with the firm. In the case of a sole proprietorship, the
licensed broker who is the sole proprietor shall have the responsibilities of
the principal broker. The principal broker shall have responsibility for the
activities of the firm and all its licensees. The principal broker shall
have signatory authority on all escrow accounts maintained by the firm.
"Principal to a transaction" means a party to a
real estate transaction including without limitation a seller or buyer,
landlord or tenant, optionor or optionee, licensor or licensee. For the
purposes of this chapter, the listing or selling broker, or both, are not by
virtue of their brokerage relationship, principals to the transaction.
"Sole proprietor" means any individual, not a
corporation, limited liability company, partnership, or association, who
is trading under the individual's name, or under an assumed or fictitious name
pursuant to the provisions of Chapter 5 (§ 59.1-69 et seq.) of Title 59.1
of the Code of Virginia.
"Standard agent" means a licensee who acts for or
represents a client in an agency relationship. A standard agent shall have the
obligations as provided in Article 3 (§ 54.1-2130 et seq.) of Chapter 21
of Title 54.1 of the Code of Virginia.
"Supervising broker" means (i) the individual
broker who shall be designated by the principal broker to supervise the
provision of real estate brokerage services by the associate brokers and
salespersons assigned to branch offices or (ii) the broker, who may be the
principal broker, designated by the principal broker to supervise a designated
agent as stated in § 54.1-2130 of the Code of Virginia.
Part II
Entry
18VAC135-20-20. Necessity for license. (Refer to § 54.1-2106.1
of the Code of Virginia.)
A. Sole proprietor (principal broker owner). A real estate
broker's license shall be issued to an individual trading under an assumed or
fictitious name, that is, a name other than the individual's full name, only
after the individual signs and acknowledges a certificate provided by the
board, setting forth the name under which the business is to be organized and
conducted, the address of the individual's residence, and the address of the
individual's place of business. Each certificate must be attested by the clerk
of court of the county or jurisdiction wherein the business is to be conducted.
The attention of all applicants and licensees is directed to §§ 59.1-69
through 59.1-76 of the Code of Virginia.
B. Sole proprietor (nonbroker owner), partnership,
association, limited liability company, or corporation. Every sole proprietor
(nonbroker owner), partnership, association, limited liability company, or
corporation must secure a real estate license for its firm before transacting
real estate business. This license is separate and distinct from the individual
broker license required of each partner, associate, manager of a limited
liability company, and officer of a corporation who is active in the firm's
brokerage business. Each applicant for such license shall disclose, and the
license shall be issued to, the name under which the applicant intends to do or
does business and holds itself out to the public. Each applicant shall also disclose
the business address of the firm. The board will consider the application of
any partnership, association, corporation or limited liability company only
after the entity is authorized to conduct business in accordance with §§
59.1-69 through 59.1-76 of the Code of Virginia.
C. Each real estate firm is required to have a principal
broker whose license is in good standing with the board in order to transact
real estate business.
D. Branch office license. If a real estate broker
maintains more than one place of business within the state, a branch office
license shall be issued for each place of business maintained. Application for
the license shall be made on forms provided by the board and shall reveal the
name of the firm, the location of the branch office, and the name of the
supervising broker for that branch office. The branch office license shall be
maintained at the branch office location.
18VAC135-20-30. Qualifications for licensure.
Every applicant to the Real Estate Board for an individual
salesperson's or broker's license shall have the following qualifications:
1. The applicant shall have a good reputation for honesty,
truthfulness, and fair dealing, and be competent to transact the business of a
real estate broker or a real estate salesperson in such a manner as to
safeguard the interests of the public.
2. The applicant shall meet the current educational
requirements by achieving a passing grade in all required courses of § 54.1-2105
of the Code of Virginia prior to the time the applicant sits for the licensing
examination and applies for licensure.
3. The applicant shall be in good standing as a licensed real
estate broker or salesperson in every jurisdiction where licensed and the
applicant shall not have had a license as a real estate broker or real estate
salesperson which was suspended, revoked or surrendered in connection with a
disciplinary action or which has been the subject of discipline in any
jurisdiction prior to applying for licensure in Virginia. The applicant
shall be in compliance with all the terms of all board orders, including but
not limited to paying imposed monetary penalties and costs, plus any accrued
interest and other fees, and completing imposed education.
4. In accordance with § 54.1-204 of the Code of Virginia, each
applicant shall submit to fingerprinting and shall disclose the
following information:
a. All misdemeanor convictions involving moral turpitude,
sexual offense, drug distribution or physical injury within five years of the
date of the application; and
b. All felony convictions during his lifetime.
Any plea of nolo contendere shall be considered a conviction
for purposes of this subsection. The record of a conviction received from a
court shall be accepted as prima facie evidence of a conviction or finding of
guilt. The board, in its discretion, may deny licensure to any applicant in
accordance with § 54.1-204 of the Code of Virginia.
5. The applicant shall be at least 18 years old.
6. The applicant shall have a high school diploma or its
equivalent.
7. The applicant, within 12 months prior to [ making
submitting a ] complete application for a license, shall have
passed a written examination provided by the board or by a testing service
acting on behalf of the board.
8. The applicant shall follow all procedures established with
regard to conduct at the examination. Failure to comply with all procedures
established with regard to conduct at the examination may be grounds for denial
of application.
9. Applicants for licensure who do not meet the requirements
set forth in subdivisions 3 and 4 of this section may be approved for licensure
following consideration by the board.
18VAC135-20-40. Additional qualifications for brokers.
An applicant for an individual license as a real estate
broker shall meet the following requirements in addition to those set forth in
18VAC135-20-30:
1. The applicant shall meet the current educational
requirements of § 54.1-2105 of the Code of Virginia.
2. The applicant shall have been actively engaged as defined
in 18VAC135-20-10 as a real estate salesperson for a period of 36 of the 48
months immediately preceding application. This requirement may be waived at the
discretion of the board in accordance with § 54.1-2105 of the Code of Virginia.
3. The applicant's experience must be verified by the
principal or supervising broker for whom the licensee worked at the time of
obtaining that experience.
18VAC135-20-45. Additional qualifications for salesperson's or associate
broker's license as a business entity.
An applicant for a salesperson's license as a business entity
shall meet the following requirements in addition to those set forth in
18VAC135-20-30:
1. Every owner or officer who actively participates in the
real estate business shall hold a license as a salesperson or associate
broker. The business entity license does not replace the individual license.
More than one licensee may be a participant of the business entity.
2. When one licensee is the owner or officer, the business
entity shall be named in accordance with § 54.1-2106.1 C of the Code of
Virginia.
3. The board will consider the application of any partnership,
association, corporation or limited liability company only after the entity is
authorized to do business in accordance with §§ 59.1-69 through 59.1-76 of the
Code of Virginia.
18VAC135-20-55. [ Downgrade
Exchange ] to salesperson's license.
A broker who wants to [ downgrade
exchange ] his license(s) [ to for ]
that of a salesperson must submit a complete application with appropriate
fee. When [ downgrading exchanging ] the
license(s), the licensee agrees his current broker's license(s) ceases to
exist, and if he chooses to become licensed as a broker again, he must pass the
current broker examination and must meet the current education and experience
requirements in [ place effect ] at
the time of application.
18VAC135-20-60. Qualifications for licensure by reciprocity.
An individual who is currently licensed as a real estate
salesperson or broker in another jurisdiction may obtain a Virginia real estate
license by meeting the following requirements:
1. The applicant shall be at least 18 years of age.
2. The applicant shall have a high school diploma or its
equivalent.
3. The applicant shall have received the salesperson's or
broker's license by virtue of having passed in the jurisdiction of licensure a
written examination deemed to be substantially equivalent to the Virginia
examination.
4. The applicant shall sign a statement verifying that he has
read and understands the provisions of this chapter and Chapter 21 (§ 54.1-2100
et seq.) of Title 54.1 of the Code of Virginia.
5. The applicant, within 12 months prior to [ making
submitting ] a complete application for a license, shall have
passed a written examination provided by the board or by a testing service
acting on behalf of the board covering Virginia real estate license law and
regulations of the Real Estate Board.
6. The applicant shall follow all procedures
established with regard to conduct at the examination. Failure to comply with
all procedures established by the board with regard to conduct at the
examination may be grounds for denial of application.
6. 7. The applicant shall be in good standing as
a licensed real estate broker or salesperson in every jurisdiction where
licensed and the applicant shall not have had a license as a real estate broker
or real estate salesperson which was suspended, revoked, or surrendered in
connection with a disciplinary action or which has been the subject of
discipline in any jurisdiction prior to applying for licensure in Virginia. The
applicant shall be in compliance with all the terms of all board orders,
including but not limited to paying imposed monetary penalties and costs, plus
any accrued interest and other fees, and completing imposed education.
7. 8. At the time of application for a
salesperson's license, the applicant must have been actively engaged as
defined by 18VAC135-20-10 for 12 of the preceding 36 months or have met
educational requirements that are substantially equivalent to those required in
Virginia. At the time of application for a broker's license, the applicant
must have met educational requirements that are substantially equivalent to
those required in Virginia, and the applicant must have been actively
engaged as defined by 18VAC135-20-10 for 36 of the preceding 48 months. The
broker applicant's experience must be verified by an individual who has direct
knowledge of the applicant's activities as defined in §§ 54.1-2100 and
54.1-2101 of the Code of Virginia. These requirements may be waived at the
discretion of the board in accordance with § 54.1-2105 of the Code of Virginia.
8. 9. The applicant shall have a good reputation
for honesty, truthfulness, and fair dealing, and be competent to transact the
business of a real estate salesperson or broker in such a manner as to safeguard
the interests of the public.
9. 10. In accordance with § 54.1-204 of the Code
of Virginia, each applicant shall submit to fingerprinting and shall
disclose the following information:
a. All misdemeanor convictions involving moral turpitude,
sexual offense, drug distribution or physical injury within five years of the
date of the application; and
b. All felony convictions during his lifetime.
Any plea of nolo contendere shall be considered a conviction
for purposes of this subsection. The record of a conviction received from a
court shall be accepted as prima facie evidence of a conviction or finding of
guilt. The board, in its discretion, may deny licensure to any applicant in
accordance with § 54.1-204 of the Code of Virginia.
10. 11. Applicants for licensure who do not meet
the requirements set forth in subdivisions 6 7 and 9 10
of this subsection section may be approved for licensure
following consideration by the board.
18VAC135-20-70. Activation or transfer of license.
A. Any inactive licensee may activate that license with a
licensed real estate firm or sole proprietorship by completing an activate form
prescribed by the board. [ A licensee who submits an activate
application to the board shall not conduct business with the real estate firm
or sole proprietorship set forth in the application until the application is
processed and the license is issued by the board. ] Continuing
education pursuant to § 54.1-2105 54.1-2105.03 of the Code of
Virginia shall be completed within two years prior to activation of a license when
the license has been inactive for more than 30 days. Any licensee who has
not been active with a licensed real estate firm or sole proprietorship for a
period of greater than three years shall be required to meet the existing
prelicense educational requirements.
B. Any licensee may transfer from one licensed real estate
firm or sole proprietorship to another by completing and submitting to the
board a transfer application and the fee as set forth in 18VAC135-20-80.
[ The transfer application shall include the signature of the new
principal broker or supervising broker with signature authority who will be
responsible for the licensee's real estate activities and shall be effective
upon the principal broker or supervising broker's execution of the transfer
application. ]
[ C. A licensee who submits an activate
application to the board shall not conduct business with the real estate firm
or sole proprietorship set forth in the application until the application is
processed and the license is issued by the board. ]
18VAC135-20-80. Application fees.
A. All application fees for licenses are nonrefundable and
the date of receipt by the board or its agent is the date that will be used to
determine whether it is on time.
B. Application fees are as follows:
Salesperson by education and examination
|
$150
|
Salesperson by reciprocity
|
$150
|
Salesperson's or [ associate ] broker's
license as a business entity
|
$190
|
Broker by education and examination
|
$190
|
Broker by reciprocity
|
$190
|
Broker concurrent license
|
$140
|
Firm license
|
$250
|
Branch office license
|
$190
|
Transfer application
|
$60
|
Activate application
|
$60
|
C. The fee for examination or reexamination is subject to
contracted charges to the board by an outside vendor. These contracts are competitively
negotiated and bargained for in compliance with the Virginia Public Procurement
Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and
charged to the candidate in accordance with these contracts. The fee shall
not exceed $90 per candidate.
18VAC135-20-100. Qualification for renewal; continuing
education requirements. (Repealed.)
Effective until June 30, 2008, as a condition of renewal,
and pursuant to § 54.1-2105 of the Code of Virginia, all active brokers and
salespersons, resident or nonresident, except those called to active duty in
the Armed Forces of the United States, shall be required to satisfactorily
complete a course or courses of not less than a total of 16 classroom,
correspondence, or other distance learning instruction hours during each
licensing term, except for salespersons who are renewing for the first time and
are required to complete 30 hours of postlicense education regardless of
whether his license is active or inactive. Active licensees called to active
duty in the Armed Forces of the United States may complete these courses within
six months of their release from active duty. Inactive brokers and salespersons
are not required to complete the continuing education course as a condition of
renewal (see 18VAC135-20-70, Activation of license).
1. Providers shall be those as defined in 18VAC135-20-350.
2. Eight of the 16 required hours shall include two hours
of training in fair housing laws, and a minimum of one hour each in state real
estate laws and regulations, ethics and standards of conduct, agency and
contracts for brokers. Eight of the 16 required hours shall include two hours
of training in fair housing laws, three hours in ethics and standards of
conduct and a minimum of one hour each in state real estate laws and
regulations, agency, and contracts for salespersons. If the licensee submits a
notarized affidavit to the board which certifies that he does not practice
residential real estate brokerage, residential management or residential
leasing and shall not do so during the licensing term, training in fair housing
shall not be required; instead such licensee shall receive training in other
applicable federal and state discrimination laws and regulations. The remaining
hours shall be on subjects from the following list:
a. Property rights;
b. Contracts;
c. Deeds;
d. Mortgages and deeds of trust;
e. Types of mortgages;
f. Leases;
g. Liens;
h. Real property and title insurance;
i. Investment;
j. Taxes in real estate;
k. Real estate financing;
l. Brokerage and agency contract responsibilities;
m. Real property management;
n. Search, examination and registration of title;
o. Title closing;
p. Appraisal of real property;
q. Planning subdivision developments and condominiums;
r. Regulatory statutes;
s. Housing legislation;
t. Fair housing;
u. Real Estate Board regulations;
v. Land use;
w. Business law;
x. Real estate economics;
y. Real estate investments;
z. Federal real estate law;
aa. Commercial real estate;
bb. Americans With Disabilities Act;
cc. Environmental issues impacting real estate;
dd. Building codes and design;
ee. Local laws and zoning;
ff. Escrow requirements;
gg. Ethics and standards of conduct; and
hh. Common interest ownership.
3. Licensees holding licenses in other jurisdictions must
complete eight hours, which shall include fair housing laws, state real estate
laws and regulations, ethics and standards of conduct, agency and contracts and
may substitute education completed in their jurisdiction for the remaining
hours required by subdivision 2 of this subsection.
4. The board may approve additional subjects at its
discretion and in accordance with § 54.1-2105 of the Code of Virginia.
5. Credit for continuing education course completion is
given for each class hour/clock hour as defined in 18VAC135-20-350.
6. Licensees are responsible for retaining for three years
and providing proof of continuing education. Proof of course completion shall
be made on a form prescribed by the board. Failure to provide documentation of
completion as directed by the board will result in the license not being
renewed and/or disciplinary action pursuant to this chapter.
7. Instructors who are also licensees of the board may earn
continuing education credit for teaching continuing education courses.
18VAC135-20-101. Qualification for renewal; continuing
education requirements.
Effective July 1, 2008, as As a condition of
renewal, and pursuant to § 54.1-2105 54.1-2105.03 of the
Code of Virginia, all active salespersons, resident or nonresident, except
those called to active duty in the Armed Forces of the United States, shall be
required to satisfactorily complete a course or courses of not less than a
total of 16 classroom, correspondence, or other distance learning instruction
hours during each licensing term, except for salespersons who are renewing for
the first time and are required to complete 30 hours of post-license education
regardless of whether his license is active or inactive. All active brokers,
resident or nonresident, except those called to active duty in the Armed Forces
of the United States, shall be required to satisfactorily complete a course or
courses of not less than a total of 24 classroom, correspondence, or other
distance learning instruction hours during each licensing term. Active
licensees called to active duty in the Armed Forces of the United States may
complete these courses within six months of their release from active duty.
Inactive brokers and salespersons are not required to complete the continuing
education course as a condition of renewal (see 18VAC135-20-70, Activation of
license).
1. Providers shall be those as defined in 18VAC135-20-350;
2. [ For Effective until January 1, 2016, for ]
salespersons, eight of the required 16 hours shall include two hours of
training in fair housing laws, three hours in ethics and standards of
conduct and a minimum of one hour each in state real estate laws and
regulations legal updates and emerging trends, real estate
agency and real estate contracts. For brokers, 16 of the 24 required
hours shall include eight hours in supervision and management of real estate
agents and the management of real estate brokerage firms, two hours of
training in fair housing laws, three hours in ethics and standards of
conduct and a minimum of one hour each in state real estate laws and
regulations legal updates and emerging trends, real estate
agency and real estate contracts. [ Effective January 1,
2016, for salespersons, eight of the required 16 hours shall include two hours
in fair housing laws, three hours in ethics and standards of conduct, and a
minimum of one hour each in legal updates and emerging trends, to include flood
zone areas and the National Flood Insurance Program, real estate agency and
real estate contracts. For brokers, 16 of the 24 required hours shall include
eight hours in supervision and management of real estate agents and the
management of real estate brokerage firms, two hours in fair housing laws,
three hours in ethics and standards of conduct, and a minimum of one hour each
in legal updates and emerging trends, to include flood zone areas and the
National Flood Insurance Program, real estate agency and real estate contracts. ]
If the licensee submits a notarized affidavit to the board that certifies that
he does not practice residential real estate brokerage, residential management
or residential leasing and shall not do so during the licensing term, training
in fair housing shall not be required; instead such licensee shall receive training
in other applicable federal and state discrimination laws and regulations. The
remaining hours shall be on subjects from the following list:
a. Property rights;
b. Contracts;
c. Deeds;
d. Mortgages and deeds of trust;
e. Types of mortgages;
f. Leases;
g. Liens;
h. Real property and title insurance;
i. Investment;
j. Taxes in real estate;
k. Real estate financing;
l. Brokerage and agency contract responsibilities;
m. Real property management;
n. Search, examination and registration of title;
o. Title closing;
p. Appraisal of real property;
q. Planning subdivision developments and condominiums;
r. Regulatory statutes;
s. Housing legislation;
t. Fair housing;
u. Real Estate Board regulations;
v. Land use;
w. Business law;
x. Real estate economics;
y. Real estate investments;
z. Federal real estate law;
aa. Commercial real estate;
bb. Americans With Disabilities Act;
cc. Environmental issues impacting real estate;
dd. Building codes and design;
ee. Local laws and zoning;
ff. Escrow requirements;
gg. Ethics and standards of conduct; and
hh. Common interest ownership.
3. [ Salespersons Effective until January 1,
2016, salespersons ] holding licenses in other jurisdictions must
complete eight hours, which shall include fair housing laws, state real
estate laws and regulations legal updates and emerging trends,
ethics and standards of conduct, and real estate agency and real
estate contracts and may substitute education completed in their
jurisdiction for the remaining hours required by subdivision 2 of this subsection
section. Brokers holding licenses in other jurisdictions must complete
16 hours that shall include supervision and management of real estate agents
and the management of real estate brokerage firms, fair housing laws, state
real estate laws and regulations legal updates and emerging trends,
ethics and standards of conduct, and real estate agency and real
estate contracts and may substitute education completed in their
jurisdiction for the remaining hours required by subdivision 2 of this subsection
section. [ Effective January 1, 2016, salespersons holding
licenses in other jurisdictions must complete eight hours, which shall include
fair housing laws, legal updates and emerging trends, to include flood zone
areas and the National Flood Insurance Program, ethics and standards of
conduct, and real estate agency and real estate contracts and may substitute
education completed in their jurisdiction for the remaining hours required by
subdivision 2 of this section. Brokers holding licenses in other jurisdictions
must complete 16 hours that shall include supervision and management of real
estate agents and the management of real estate brokerage firms, fair housing
laws, legal updates and emerging trends, to include flood zone areas and the
National Flood Insurance Program, ethics and standards of conduct, and real
estate agency and real estate contracts and may substitute education completed
in their jurisdiction for the remaining hours required by subdivision 2 of this
section. ]
4. The board may approve additional subjects at its discretion
and in accordance with § 54.1-2105 54.1-2105.03 of the Code
of Virginia.
5. Credit for continuing education course completion is given
for each class hour/clock hour as defined in 18VAC135-20-350.
6. Licensees are responsible for retaining for three years and
providing proof of continuing education. Proof of course completion shall be
made on a form prescribed by the board. Failure to provide documentation of
completion as directed by the board will result in the license not being
renewed and/or disciplinary action pursuant to this chapter.
7. Instructors who are also licensees of the board may earn
continuing education credit for teaching continuing education courses.
8. Any continuing education credits completed by the
licensee in excess of that required in the current license term that are
obtained in the six months immediately prior to the license expiration date
shall carry over into the next two-year renewal period.
18VAC135-20-105. Additional qualifications for renewal of a
reciprocal license. (Repealed.)
In addition to the requirements set forth in
18VAC135-20-100, all licensees, including those licensees who upgrade to broker
prior to renewal, who obtained their license by reciprocity in accordance with
18VAC135-20-60 must pass a written examination provided by the board or a
testing service acting on behalf of the board covering Virginia real estate
license law and regulations of the Real Estate Board.
18VAC135-20-120. Fees for renewal.
A. All fees for renewals are nonrefundable, and the date of
receipt by the board or its agent is the date that will be used to determine
whether it is on time.
B. Renewal fees are as follows:
Salesperson
|
$65
|
Salesperson's or associate broker's
license as a business entity
|
$90
|
Broker
|
$80
|
Concurrent broker
|
$80
|
Firm
|
$160
|
Branch office
|
$90
|
Part IV
Reinstatement
18VAC135-20-140. Failure to renew; reinstatement required.
A. All applicants for reinstatement must meet all
requirements set forth in 18VAC135-20-100 18VAC135-20-101.
Applicants for reinstatement of an active who want to activate their
license must have completed the continuing education requirement in order to
reinstate and activate the license. Applicants for reinstatement of an
inactive license are not required to complete the continuing education
requirement for license reinstatement.
B. If the requirements for renewal of a license, including
receipt of the fee by the board, are not completed by the licensee within 30
days of the expiration date noted on the license, a reinstatement fee is
required as follows:
Salesperson
|
$100
|
Salesperson's or associate broker's
license as a business entity
|
$135
|
Broker
|
$120
|
Concurrent Broker
|
$120
|
Firm
|
$245
|
Branch Office
|
$135
|
C. A license may be reinstated for up to one year following
the expiration date with payment of the reinstatement fee. After one year, the
license may not be reinstated under any circumstances and the applicant must
meet all current educational and examination requirements and apply as a new
applicant.
D. [ A licensee may not perform activities defined in
§§ 54.1-2100 and 54.1-2101 of the Code of Virginia with an expired
license. ] Any real estate activity conducted subsequent to the
expiration date may constitute unlicensed activity and be subject to
prosecution under Chapter 1 (§ 54.1-100 et seq.) of Title 54.1 of the Code
of Virginia.
Part V
Standards of Practice and Conduct
18VAC135-20-155. Grounds for disciplinary action.
The board has the power to fine any licensee [ or
certificate holder ] and to suspend or revoke any license [ or
certificate ] issued under the provisions of Chapter 21 (§ 54.1-2100
et seq.) of Title 54.1 of the Code of Virginia and this chapter in
accordance with subdivision A 7 of § 54.1-201 and § 54.1-202 of the Code
of Virginia and the provisions of the Administrative Process Act, Chapter 40
(§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia, where the
licensee [ or certificate holder ] has been found to have
violated or cooperated with others in violating any provision of Chapter
Chapters 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300
et seq.), and 21 (§ 54.1-2100 et seq.) of Title 54.1 of the Code of
Virginia, Chapter 1.3 27.3 (§ 6.1-2.19 55-525.16 et
seq.) of Title 6.1 55 of the Code of Virginia, or any regulation
of the board. Any licensee failing to comply with the provisions of Chapter 21
(§ 54.1-2100 et seq.) of Title 54.1 of the Code of Virginia or the regulations
of the Real Estate Board in performing any acts covered by §§ 54.1-2100 and
54.1-2101 of the Code of Virginia may be charged with improper dealings a
violation, regardless of whether those acts are in the licensee's personal
capacity or in his capacity as a real estate licensee.
18VAC135-20-160. Place of business.
A. Within the meaning and intent of § 54.1-2110 of the Code
of Virginia, a place of business shall be an office where:
1. The principal broker, either through his own efforts or
through the efforts of his employees or associates, regularly transacts the
business of a real estate broker as defined in § 54.1-2100 of the Code of
Virginia; and
2. The principal broker and his employees or associates can
receive business calls and direct business calls to be made.
B. No place of business shall be in a [ physical ]
residence unless it is separate and distinct from the living quarters of the
residence with its own entrance and is accessible by the
public.
C. Every principal broker shall have readily available to the
public in the main place of business the firm license, the principal broker
license and the license of every salesperson and broker active with the firm.
The branch office license and a roster of every salesperson or broker assigned
to the branch office shall be posted in a conspicuous place in each branch
office.
18VAC135-20-165. Duties of supervising broker.
D. Each place of business and each branch office shall
be supervised by a supervising broker. The supervising broker shall exercise
reasonable and adequate supervision of the provision of real estate brokerage
services by associate brokers and salespersons assigned to the branch office.
The supervising broker may designate another broker to assist in administering
the provisions of this subsection section. The supervising broker
does not relinquish overall responsibility for the supervision of the acts of
all licensees assigned to the branch office. Factors to be considered in
determining whether the supervision is reasonable and adequate include but are
not limited to the following:
1. The availability of the supervising broker to all licensees
under the supervision of the broker to review and approve all documents,
including but not limited to leases, contracts affecting the firm's clients,
brokerage agreements, and advertising;
2. The availability of training and written procedures and
policies which that provide, without limitation, clear guidance
in the following areas:
a. Proper handling of escrow deposits;
b. Compliance with federal and state fair housing laws and regulations
if the firm engages in residential brokerage, residential leasing, or
residential property management;
c. Advertising;
d. Negotiating and drafting of contracts, leases, and
brokerage agreements;
e. Use of unlicensed individuals;
f. Agency [ or independent contractor ]
relationships;
g. Distribution of information on new or changed statutory or
regulatory requirements;
h. Disclosure of matters relating to the condition of the
property.; and
i. Such other matters as necessary to assure the competence of
licensees to comply with this chapter and Chapter 21 (§ 54.1-2100 et seq.) of
Title 54.1 of the Code of Virginia.
3. The availability of the supervising broker in a timely
manner to supervise the management of the brokerage services;
4. The supervising broker ensures the brokerage services are
carried out competently and in accordance with the provisions of this chapter
and Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1 of the Code of
Virginia;
5. The supervising broker undertakes reasonable steps to ensure
compliance by all licensees assigned to the branch office;, including
but not limited to ensuring the licensees have an active, current license
[ :; ]
6. The supervising broker [ ensures
undertakes reasonable steps to ensure ] only licensees undertake
activities requiring a license, including but are not limited to:
a. Show property;
b. Hold an open house;
c. Answer questions on listings, title, financing, closing,
contracts, brokerage agreements, and legal documents;
d. Discuss, explain, interpret, or negotiate a contract,
listing, lease agreement, or property management agreement with anyone outside
the firm; and
e. Negotiate or agree to any commission, commission split,
management fee, or referral fee.
7. [ A The ] supervising
broker shall provide adequate supervision over the unlicensed employee(s) or
assistants under the supervision of a broker as they perform the following
permitted activities:
a. Perform general clerical duties, including answering the
phones [ , responding by electronic media, ] and [ reading
providing ] information shown on the listing;
b. Submit listings and changes to MLS;
c. Follow up on loan commitments after contracts have been
ratified;
d. Have keys made for listings;
e. Compute commission checks;
f. Place signs on properties;
g. Act as a courier service;
h. Schedule appointments;
i. Record and deposit earnest money deposits, security
deposits, and advance rents;
j. Prepare contract forms for approval of the licensee and
supervising broker;
k. Prepare promotional materials and advertisements for
approval of the licensee and supervising broker;
l. Assemble closing documents;
m. Obtain required public information from governmental
entities;
n. Monitor license and personnel files;
o. Order routine repairs as directed by licensee;
p. Are compensated for their work at a predetermined rate
that is not contingent upon the occurrence of a real estate transaction; and
q. Perform any other activities undertaken in the regular
course of business for which a license is not required.
6. 8. If a supervising broker is located more
than 50 miles from the place of business or the branch office and there
are licensees who regularly conduct business assigned to the branch office or
at the place of business, the supervising broker must certify in writing on
a quarterly basis on a form provided by the board that the supervising broker
complied with the requirements in of this subsection section;
and
7. 9. The supervising broker must maintain the
records required in this subsection section for three years. The
records must be furnished to the board's agent upon request.
18VAC135-20-170. Maintenance of licenses.
A. Name and address.
1. Salespersons and individual brokers shall at all times keep
the board informed of their current name and home address. Changes of name and
address must be reported to the board in writing within 30 calendar days of
such change. The board shall not be responsible for the licensee's failure to
receive notices, communications and correspondence caused by the licensee's
failure to promptly notify the board of any change of address. A licensee may
use a professional name other than a legal name if that professional name is
filed with the board prior to its use. The professional name shall include the
licensee's first or last name and shall not include any titles.
2. Salespersons and brokers shall be issued a license only to
the place of business of the sole proprietorship or firm with which the
salesperson or broker is active.
3. Principal brokers must at all times keep the board informed
of their current firm and branch office name and addresses and changes of name
and address must be reported to the board in writing within 30 calendar days of
such change. A physical address is required. A post office box will not be accepted.
B. Discharge or termination of active status.
1. When any salesperson or broker is discharged or in any way
terminates his active status with a sole proprietorship or firm, it shall be
the duty of the sole proprietor or principal broker to return the license by
certified mail to the board so that it is received within 10 calendar days
of the date of termination or [ being notified of the ] status
change. The sole proprietor or principal broker shall indicate on the license
the date of termination, and shall sign the license before returning it.
2. When any principal broker is discharged or in any way
terminates his active status with a firm, it shall be the duty of the firm to
notify the board and return the license by certified mail to the board
within three business days of termination or [ being notified of the ]
status change. The firm shall indicate on the license the date of termination,
and shall sign the license before returning it. See § 54.1-2109 of the Code of
Virginia for termination relating to the death or disability of the principal
broker.
18VAC135-20-180. Maintenance and management of escrow accounts.
A. Maintenance of escrow accounts.
1. If money is to be held in escrow, each firm or sole
proprietorship shall maintain in the name by which it is licensed one or more
federally insured separate escrow accounts in a federally insured depository in
Virginia into which all down payments, earnest money deposits, money
received upon final settlement, [ application deposits as defined by §
55-248.4 of the Code of Virginia, ] rental payments, rental security
deposits, money advanced by a buyer or seller for the payment of expenses in
connection with the closing of real estate transactions, money advanced by the
broker's client or expended on behalf of the client, or other escrow funds
received by him or his associates on behalf of his client or any other person
shall be deposited unless all principals to the transaction have agreed
otherwise in writing. The balance in the escrow accounts shall be sufficient at
all times to account for all funds that are designated to be held by the firm
or sole proprietorship. The principal broker shall be held responsible for
these accounts, including having signatory authority on these accounts.
The supervising broker and any other licensee with escrow account authority may
be held responsible for these accounts. All such accounts, checks and bank
statements shall be labeled "escrow" and the account(s) shall be
designated as "escrow" accounts with the financial institution where
such accounts are established.
2. Funds to be deposited in the escrow account may include
moneys which shall ultimately belong to the licensee, but such moneys shall be
separately identified in the escrow account records and shall be paid to the
firm by a check drawn on the escrow account when the funds become due to the
licensee. Funds in an escrow account shall not be paid directly to the
licensees of the firm. The fact that an escrow account contains money which may
ultimately belong to the licensee does not constitute "commingling of
funds" as set forth by subdivision C 2 of this section, provided that
there are periodic withdrawals of said funds at intervals of not more than six
months, and that the licensee can at all times accurately identify the total
funds in that account which belong to the licensee and the firm.
3. If escrow funds are used to purchase a certificate of
deposit, the pledging or hypothecation of such certificate, or the absence of
the original certificate from the direct control of the principal or
supervising broker, shall constitute commingling as prohibited by subdivision C
2 of this section.
[ 4. Lease transactions: application deposits. Any
application deposit as defined by § 55-248.4 of the Code of Virginia paid by a
prospective tenant for the purpose of being considered as a tenant for a
dwelling unit to a licensee acting on behalf of a landlord client shall be
placed in escrow by the end of the fifth business banking day following
approval of the rental application by the landlord unless all principals to the
lease transaction have agreed otherwise in writing. ]
B. Disbursement of funds from escrow accounts.
1. a. Purchase transactions. Upon the ratification of a
contract, earnest money deposits and down payments received by the principal
broker or supervising broker or his associates must be placed in an escrow
account by the end of the fifth business banking day following ratification,
unless otherwise agreed to in writing by the parties principals
to the transaction, and shall remain in that account until the transaction has
been consummated or terminated. In the event the transaction is not consummated
(nonconsummation), the principal broker or supervising broker shall hold such
funds in escrow until (i) all principals to the transaction have agreed in
writing as to their disposition, and the [ money
funds ] shall be returned to the agreed upon principal within [ 30
20 ] days of the agreement, or (ii) a court of competent
jurisdiction orders such disbursement of the funds, or (iii) the funds are
successfully interpleaded into a court of competent jurisdiction pursuant to
this section, or (iv) the broker can pay the funds to the principal to the
transaction who is entitled to receive them in accordance with the clear and
explicit terms of the contract which established the deposit. In the latter
event, prior to disbursement, the broker shall give written notice to the
principal to the transaction not to receive the deposit by either (i) hand
delivery receipted for by the addressee, or (ii) by certified mail return
receipt requested, with a copy to the other party, that this payment will be
made unless a written protest from that principal to the transaction is
received by the broker within 30 days of the hand delivery or mailing, as
appropriate, of that notice. If the notice is sent within 90 days of the date
of nonconsummation, the broker may send the notice by receiptable email or
facsimile if such email address or facsimile information is set forth in the
contract or otherwise provided by the recipient. In all events, the broker may
send the notice to the notice address, if any, set forth in the contract. If
the contract does not contain a notice address and the broker does not have
another address for the recipient of the notice, the broker may send it to the
last known address of the recipient. No broker shall be required to make a
determination as to the party entitled to receive the earnest money deposit.
The broker shall not be deemed to violate any obligation to any client by
virtue of making such a determination. A broker who has carried out the above
procedure shall be construed to have fulfilled the requirements of this
chapter.
A principal broker or supervising broker holding escrow
funds for a principal to the transaction may seek to have a court of competent
jurisdiction take custody of disputed or unclaimed escrow funds via an
interpleader action pursuant to § 16.1-77 of the Code of Virginia.
If a principal broker or supervising broker is holding
escrow funds for the owner of real property and such property is foreclosed
upon by a lender, the principal broker or supervising broker shall have the
right to file an interpleader action pursuant to § 16.1-77 of the Code of
Virginia.
If there is in effect at the date of the foreclosure sale a
real estate purchase contract to buy the property foreclosed upon and the real
estate purchase contract provides that the earnest money deposit held in escrow
by a firm or sole proprietorship shall be paid to a principal to the contract
in the event of a termination of the real estate purchase contract, the
foreclosure shall be deemed a termination of the real estate purchase contract,
and the principal broker or supervising broker may, absent any default on the
part of the purchaser, disburse the earnest money deposit to the purchaser
pursuant to such provisions of the real estate purchase contract without
further consent from, or notice to, the principals.
b. Lease transactions: security deposits. Any security deposit
held by a firm or sole proprietorship shall be placed in an escrow account by
the end of the fifth business banking day following receipt, unless otherwise
agreed to in writing by the principals to the transaction. Each such security
deposit shall be treated in accordance with the security deposit provisions of
the Virginia Residential Landlord and Tenant Act, Chapter 13.2 (§ 55-248.2 et
seq.) of Title 55 of the Code of Virginia, unless exempted therefrom, in which
case the terms of the lease or other applicable law shall control.
Notwithstanding anything in this section to the contrary, unless the landlord
has otherwise become entitled to receive the security deposit or a portion
thereof, the security deposit shall not be removed from an escrow account
required by the lease without the written consent of the tenant. If there is
in effect at the date of the foreclosure sale a tenant in a residential
dwelling unit foreclosed upon and the landlord is holding a security deposit of
the tenant, the landlord shall handle the security deposit in accordance with
applicable law, which requires the holder of the landlord's interest in the
dwelling unit at the time of termination of tenancy to return any security
deposit and any accrued interest that is duly owed to the tenant, whether or
not such security deposit is transferred with the landlord's interest by law or
equity, and regardless of any contractual agreements between the original
landlord and his successors in interest. Nothing herein shall be construed to
prevent the landlord from making lawful deductions from the security deposit in
accordance with applicable law.
c. Lease transactions: [ rents prepaid rent ]
or escrow fund advances. Unless otherwise agreed in writing by all principals
to the transaction, all [ rents prepaid rent ] and
other money paid to the licensee in connection with the lease shall be placed
in an escrow account by the end of the fifth business banking day following
receipt [ , unless otherwise agreed to in writing by the principals to
the transaction, ] and remain in that account until paid in
accordance with the terms of the lease and the property management agreement,
as applicable [ , except the prepaid rent, which shall be treated in
accordance with the prepaid rent provision of the Virginia Residential Landlord
and Tenant Act, Chapter 13.2 (§ 55-248.2 et seq.) of Title 55 of the Code of
Virginia. ]
2. a. Purchase transactions. Unless otherwise agreed in
writing by all principals to the transaction, a licensee shall not be entitled
to any part of the earnest money deposit or to any other money paid to the
licensee in connection with any real estate transaction as part of the
licensee's commission until the transaction has been consummated.
b. Lease transactions. Unless otherwise agreed in writing by
the principals to the lease or property management agreement, as applicable, a
licensee shall not be entitled to any part of the security deposit or to any
other money paid to the licensee in connection with any real estate lease as
part of the licensee's commission except in accordance with the terms of the
lease or the property management agreement, as applicable. Notwithstanding
anything in this section to the contrary, unless the landlord has otherwise
become entitled to receive the security deposit or a portion thereof, the
security deposit shall not be removed from an escrow account required by the
lease without the written consent of the tenant.
3. On funds placed in an account bearing interest, written
disclosure in the contract of sale or lease at the time of contract or lease
writing shall be made to the principals to the transaction regarding the
disbursement of interest.
4. A licensee shall not disburse or cause to be disbursed
moneys from an escrow or property management escrow account unless sufficient
money is on deposit in that account to the credit of the individual client or
property involved.
5. Unless otherwise agreed in writing by all principals to the
transaction, expenses incidental to closing a transaction, e.g., fees for
appraisal, insurance, credit report, etc., shall not be deducted from a deposit
or down payment.
C. Actions including improper maintenance of escrow funds
include:
1. Accepting any note, nonnegotiable instrument, or anything
of value not readily negotiable, as a deposit on a contract, offer to purchase,
or lease, without acknowledging its acceptance in the agreement;
2. Commingling the funds of any person by a principal or
supervising broker or his employees or associates or any licensee with his own
funds, or those of his corporation, firm, or association;
3. Failure to deposit escrow funds in an account or accounts
designated to receive only such funds as required by subdivision A 1 of this
section;
4. Failure to have sufficient balances in an escrow account or
accounts at all times for all funds that are designated to be held by the firm
or sole proprietorship as required by this chapter; and
5. Failing, as principal broker, to report to the board within
three business days instances where the principal broker reasonably believes
the improper conduct of a licensee, independent contractor, or employee
has caused noncompliance with this section.
18VAC135-20-185. Maintenance and management of financial
records.
A. A complete record of financial transactions conducted
under authority of the principal broker's Virginia license shall be maintained
in the principal broker's place of business, or in a designated branch office.
When the principal broker's office is located outside of Virginia and the firm
has a branch office in Virginia, a copy of these records shall be maintained in
the Virginia office. These records shall show, in addition to any other
requirements of the regulations, the following information: from whom money was
received; the date of receipt; the place of deposit; the date of deposit; and,
after the transaction has been completed, the final disposition of the funds.
B. The principal broker shall maintain a bookkeeping or
recordkeeping system which shall accurately and clearly disclose full
compliance with the requirements outlined in this section. Accounting records
which are in sufficient detail to provide necessary information to determine
such compliance shall be maintained.
C. Actions constituting improper recordkeeping by a
principal broker or supervising broker include:
1. Failing, as a principal or supervising broker, to
retain for a period of three years from the date of the closing or
ratification, if the transaction fails to close, a complete and legible copy of
each disclosure of a brokerage relationship, and each executed contract, agreement,
and closing statement related to a real estate transaction, in the broker's
control or possession, unless prohibited by law execution, each
brokerage agreement, [ each disclosure of a brokerage
relationship to an unrepresented party, ] each disclosure and
consent to dual agency or dual representation, and each disclosure and consent
to designated agency or designated representation [ . Each
disclosure of a brokerage relationship to an unrepresented party shall be
retained for three years from the date provided to the party ];
2. Having received moneys on behalf of others and failed to
maintain Failing to retain for a period of three years from the date of
closing or from ratification, if the transaction fails to close, a complete and
legible copy of each executed contract of sale, any executed release from
contract, any executed lease agreement, any executed property management
agreement, and each settlement statement related to a real estate transaction,
in the broker's control or possession unless prohibited by law;
3. Failing to maintain a complete and accurate record
of such receipts and their disbursements for moneys received on behalf of
others for a period of three years from the date of the closing or termination
of the sales transaction or termination of a lease or conclusion of the
licensee's involvement in the lease; and
3. 4. Failing, within a reasonable time, to
account for or to remit any moneys coming into a licensee's possession which
belong to others to maintain any records required by this section for
three years.
18VAC135-20-190. Advertising by licensees.
A. Definitions. The following definitions apply unless a
different meaning is plainly required by the context:
"Advertising" means all forms of representation,
promotion and solicitation disseminated in any manner and by any means of
communication to consumers for any purpose related to licensed real estate
activity.
"Contact information" means telephone number or
web address.
"Disclosure" in the context of online electronic
media advertising means (i) advertising [ by the firm ]
that contains the firm's licensed name, the city and state in which the
firm's main office is located and the jurisdiction in which the firm holds a
license [ and the city and state in which the firm's main office or
branch office is located ] or (ii) advertising [ by an
affiliated licensee ] that contains the licensee licensee's
name [ , and ] the name of the firm with which the
licensee is active [ , and ] the city and state in which the
licensee's office is located and the jurisdiction in which the licensee
holds a license [ place of business is located, ] and
[ is this disclosure shall be viewable on the main page or no
more than ] one click away from the main page.
"Disclosure" in the context of [ all ] other
advertising means (a) (i) advertising by the firm that contains
the firm's licensed name and the firm's address or (b) (ii)
advertising by an affiliated licensee that contains the licensee's name,
and the name of the firm with which the licensee is active and the
firm's address.
"Institutional advertising" means advertising in
which no real property is identified.
"Viewable page" means a page that may or may not
scroll beyond the borders of the screen and includes the use of framed pages.
B. All advertising must be under the direct supervision of
the principal broker or supervising broker, in the name of the firm and, when
applicable, comply with the disclosure required by § 54.1-2138.1 of the Code of
Virginia. The firm's licensed name must be clearly and legibly displayed on all
advertising.
C. Online Electronic media advertising.
1. Any online electronic media advertising
undertaken for the purpose of any licensed activity is subject to the
provisions of this chapter.
2. All online electronic media advertising that
can be viewed or experienced as a separate unit (i.e., e-mail email
messages and web pages) must contain disclosure [ as follows: a. The
web. If a firm or licensee owns a webpage or controls its content, the viewable
page must include disclosure or a link to disclosure that shall be
viewable on the main page or is no more than one click away from the main page ].
b . E-mail, newsgroups, discussion lists, bulletin boards.
All such formats shall include disclosure at the beginning or end of each
message. The provisions of this subsection do not apply to correspondence in
the ordinary course of business [ All other electronic media.
Firm's name, licensee's name and license number, and contact information. The
disclosure must be prominently displayed on the viewable page. ]
c. Instant messages. Disclosure is not necessary in this
format if the firm or licensee provided the disclosures via another format
prior to providing, or offering to provide, licensed services.
d. Chat/Internet-based dialogue. Disclosure is required
prior to providing, or offering to provide, licensable services during the chat
session, or in text visible on the same webpage that contains the chat session
if the licensee controls the website hosting the chat session.
e. Voice Over Net (VON). Disclosure is required prior to
advertising or the disclosure text must be visible on the same webpage that
contains the VON session.
f. Banner ads. A link to disclosure is required unless the
banner ad contains the disclosure.
3. All online electronic media listings
advertised must be kept current and consistent as follows:
a. Online Electronic media listing information
must be consistent with the property description and actual status of the
listing. The licensee shall update in a timely manner material changes to the
listing status authorized by the seller or property description when the
licensee controls the online electronic media site.
b. The licensee shall make timely written requests for updates
reflecting material changes to the listing status or property descriptions when
a third party online electronic media listing service controls
the website displaying the listing information.
c. All listing information shall indicate in a readily
visible manner the date that the listing information shown was last updated.
D. Other advertising.
1. [ Signage For sale and
for lease signs placed on the property ] shall include but not be
limited to the firm's name and the firm's primary or branch office telephone
number.
2. Business cards shall include but not be limited to the
licensee's name, the firm name, and contact information.
D. E. The following activities shall be
prohibited:
1. Implying that property listed by a licensee's firm and
advertised by the firm or licensee is for sale, exchange, rent or lease by the
owner or by an unlicensed person;
2. Failing to include a notice in all advertising that the
owner is a real estate licensee if the licensee owns or has any ownership
interest in the property advertised and is not using the services of a
licensed real estate entity;
3. Failing to include the firm's licensed name on any sign
displayed outside each place of business;
4. Failing to obtain the written consent of the seller,
landlord, optionor or licensor prior to advertising a specific identifiable
property; and
5. Failing to identify the type of services offered when
advertising by general description a property not listed by the party making
the advertisement.
18VAC135-20-210. Disclosure of interest.
If a licensee knows or should have known that he, any member
of his family, his firm, any member of his firm, or any entity in which he has
an ownership interest, is acquiring or attempting to acquire or is selling or
leasing real property through purchase, sale, or lease and the licensee
is a party to the transaction, the licensee must disclose in writing
that information he is a licensee and that he, any member of his
family, his firm, any member of his firm, or any entity in which he has an
ownership interest has or will have an ownership interest to the owner,
purchaser or lessee in writing in the offer to purchase, the application, the
offer to lease or lease other parties to the transaction. This
disclosure shall be made to the purchaser, seller [ , lessor, ]
or lessee upon having substantive discussions about specific real property.
18VAC135-20-220. Disclosure of brokerage relationships.
A. Purchase transactions.
1. Unless disclosure has been previously made by a licensee, a
licensee shall disclose to an actual or prospective buyer or seller who is not
the client of the licensee and who is not represented by another licensee and
with whom the licensee has substantive discussions about a specific property or
properties, the person whom the licensee represents in pursuant to
a brokerage relationship agreement, as that term is defined in § 54.1-2130
of the Code of Virginia.
2. Except as otherwise provided in subdivision 3 of this
subsection, such disclosure shall be made in writing at the earliest practical
time, but in no event later than the time specific real estate assistance is
first provided. Any disclosure complying with the provisions of § 54.1-2138 A
of the Code of Virginia shall be deemed in compliance with this disclosure
requirement.
3. A licensee acting as a dual or designated agent or as a
dual or designated representative shall obtain the written consent of all
clients to the transaction at the earliest practical time. Such consent shall
be presumed to have been given by a client who signs a disclosure complying
with the provisions of §§ 54.1-2139 [ , 54.1-2139.01, ]
and 54.1-2139.1 of the Code of Virginia. Such disclosure shall be given
to, and consent obtained from, (i) the buyer not later than the time an offer
to purchase is presented to the licensee who will present the offer to the
listing agent or seller, and (ii) the seller not later than the time the offer
to purchase is presented to the seller.
4. Any disclosure required by this subsection may be given in
combination with other disclosures or information, but, if so, the disclosure
must be conspicuous, printed in bold lettering, all capitals, underlined, or
within a separate box or as otherwise provided by § 54.1-2138 of the Code of
Virginia.
B. Lease transactions.
1. Unless disclosure has been previously made by a licensee, a
licensee shall disclose to an actual or prospective landlord or tenant who is
not the client of the licensee and who is not represented by another licensee,
that the licensee has a brokerage relationship with another party or parties to
the transaction. Such disclosure shall be in writing and included in the
application for lease or the lease itself, whichever occurs first. If the terms
of the lease do not provide for such disclosure, the disclosure shall be made
in writing not later than the signing of the lease.
2. This disclosure requirement shall not apply to lessors or
lessees in single or multi-family residential units for lease terms of less
than two months.
18VAC135-20-225. [ Voluntary compliance
Audits ].
A. Procedures for [ voluntary compliance, ]
self audit, or third-party audit; broker immunity.
1. A principal broker or supervising broker may conduct, or
may have another person conduct, an audit of the practices, policies, and
procedures of his firm or sole proprietorship in accordance with
§ 54.1-2111.1 of the Code of Virginia. [ A principal broker
or supervising broker shall conduct an audit at least once during each license
term in accordance with § 54.1-2106.2 of the Code of Virginia. ]
The methods and findings of the audit shall be documented as described in
this subsection.
2. A principal broker or supervising broker shall notify
the board in writing within 30 days following the conclusion of a self audit,
or within 30 days from the receipt of the final report of a third-party audit,
of any matter he believes to constitute noncompliance with the provisions of
Real Estate Board regulations or law. The principal broker or supervising
broker shall also submit (i) a statement that such noncompliance has been
remediated or (ii) a plan to correct such noncompliance within 90 days. Failure
to comply with these requirements may result in loss of immunity from
regulatory enforcement action.
3. A principal broker or supervising broker shall sign and
date any report made pursuant to subdivision 2 of this subsection. Such report,
properly submitted, shall provide immunity from enforcement against the
principal broker or supervising broker by the board for the matters reported
therein.
4. Immunity from enforcement action provided by this
section shall not apply if the noncompliance with provisions of Real Estate
Board regulations or law by the principal broker or supervising broker was
intentional or was the result of gross negligence by the principal broker or
supervising broker.
5. Immunity from enforcement [ acton
action ] provided by this section shall apply only to the principal
broker and supervising broker who conduct an audit and submit a voluntary
compliance plan in accordance with this section and shall not extend to any
other broker or salesperson who may not be in compliance with Real Estate Board
regulations or law.
6. Failure to complete the voluntary compliance program
within 90 days from the date of plan submission shall result in the loss of
immunity from regulatory enforcement action. Repeated instances of a violation
found as a result of an audit that was subject to the voluntary compliance
program may be deemed by the board to constitute a failure to complete the
prior voluntary compliance program.
B. [ Information needed for audit. In
conducting an audit of practices, policies, and procedures of a broker, the
principal broker or supervising broker or a third party shall examine and
document all matters regarding the compliance by the firm or sole
proprietorship with law and regulation regarding: Procedures for mandatory
audit.
1. A principal broker or supervising broker shall conduct
or have a third party conduct an audit at least once during each license term
in accordance with § 54.1-2106.2 of the Code of Virginia. Such audit shall
be documented on a form developed by the board.
2. In conducting an audit of practices, policies, and
procedures of the firm or sole proprietorship, the principal broker or
supervising broker or a third party shall examine and document all matters
regarding the compliance by the firm or sole proprietorship with law and
regulation regarding:
1. a. ] Proper handling of escrow
deposits and maintenance of a complete record of financial transactions;
[ 2. b. ] Compliance with
federal and state fair housing laws and regulations if the firm or sole
proprietorship engages in residential brokerage, residential leasing, or
residential property management;
[ 3. c. ] Advertising in all
forms and media;
[ 4. d. ] Negotiation and
drafting of contracts, leases, and brokerage agreements;
[ 5. e. ] Use of unlicensed
individuals;
[ 6. f. ] Agency [ or
independent contractor ] relationships;
[ 7. g. ] Distribution of
information on new or changed statutory or regulatory requirements;
[ 8. h. ] Proper
documentation of required disclosures; and
[ 9. i. ] Such other matters
as necessary to assure the competence of licensees to comply with this chapter
and Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1 of the Code of
Virginia.
[ 3. If at the conclusion of a mandatory audit the
principal broker or supervising broker or third party believes there is
noncompliance with the provisions of the Real Estate Board regulations or law,
the principal broker or supervising broker may avail himself of the procedures
for voluntary compliance described in subsection A of this section. ]
Upon request by any investigator, or by another agent of
the board, a broker shall cooperate in the provision of records and documents
pursuant to 18VAC135-20-240 within 10 days of receipt of the request, and for
other requests by the board and its agents pursuant to 18VAC135-20-250, within
21 days of receipt.
18VAC135-20-240. Provision of records to the board.
Unless otherwise specified by the board, or as set forth in §
54.1-2108 of the Code of Virginia, a licensee of the Real Estate Board shall
produce to the board or any of its agents within 10 days of the request evidence
of signature cards or bank records, any document, book, or record
concerning any real estate transaction in which the licensee was involved, or
for which the licensee is required to maintain records for inspection and
copying by the board or its agents. The board may extend such time frame upon a
showing of extenuating circumstances prohibiting delivery within such 10-day
period.
18VAC135-20-260. Unworthiness and incompetence Prohibited
acts.
Actions constituting unworthy and incompetent conduct
include The following are prohibited acts:
1. Obtaining a license by false or fraudulent
representation Furnishing substantially inaccurate or incomplete
information to the board in obtaining, renewing, reinstating, or maintaining a
license;
2. Holding more than one license as a real estate broker or
salesperson in Virginia except as provided in this chapter;
3. As a currently licensed real estate salesperson, sitting
for the licensing examination for a salesperson's license;
4. As a currently licensed real estate broker, sitting for a
real estate licensing examination;
5. Signing an experience verification form without direct
supervision or actual knowledge of the applicant's activities as defined in
§§ 54.1-2100 and 54.1-2101 of the Code of Virginia [ or
unreasonably refusing to sign an experience verification form ];
6. Having been convicted or found guilty regardless of
the manner of adjudication in any jurisdiction of the United States of a
misdemeanor involving moral turpitude, sexual offense, drug distribution or
physical injury, or any felony, there being no appeal pending therefrom or the
time for appeal having elapsed. Review of convictions shall be subject to the
requirements of § 54.1-204 of the Code of Virginia. Any plea of nolo contendere
shall be considered a conviction for the purposes of this subdivision. [ The
record of a conviction certified or authenticated in such form as to be
admissible in evidence under the laws of the jurisdiction where convicted shall
be admissible as prima facie evidence of such conviction or guilt ];
6. 7. Failing to inform the board in writing
within 30 days of pleading guilty or nolo contendere or being convicted or
found guilty regardless of adjudication of any convictions as stated in
subdivision 5 6 of this section;
7. 8. Having had a license as a real estate
broker or real estate salesperson that was suspended, revoked, or surrendered
in connection with a disciplinary action or that has been the subject of
discipline in any jurisdiction;
8. 9. Failing to inform the board in writing
within 30 days of a disciplinary action as stated in subdivision 7 8
of this section;
9. 10. Having been found in a court or an
administrative body of competent jurisdiction to have violated the Virginia
Fair Housing Act, the Fair Housing Laws of any jurisdiction of the United
States, including without limitation Title VIII of the Civil Rights Act
of 1968 (82 Stat. 73), or the Civil Rights Act of 1866 (14 Stat. 27), there
being no appeal therefrom or the time for appeal having elapsed;
10. Failing 11. Actions constituting failing to
act as a real estate broker or salesperson in such a manner as to safeguard the
interests of the public, including but not limited to the following:
a. A [ principal broker or supervising ]
broker failing to ensure proper supervision and accountability over the
firm's day-to-day financial dealings, escrow account or accounts, and daily
operations;
b. A broker failing to [ ensure the
transaction was properly released and the money disbursed disburse
funds from an escrow account ] according to the regulations
[ or failing to properly retain documents relating to the basis for
disbursal ];
c. A broker failing to ensure [ salespersons
working at the firm or sole proprietorship the licensees for whom
the broker has oversight responsibility ] hold active licenses
while practicing real estate;
d. A broker failing to provide accurate and timely reports
to the board about a licensee's compliance with the board's laws and
regulations;
e. A broker failing to have signatory authority on all
accounts;
f. A broker failing to account for or remit any moneys
coming into a licensee's possession that belong to another;
g. A licensee failing to submit to the broker in a timely
manner, all earnest money deposits, contracts, listing agreements, deeds of
lease, or any other documents for which the broker has oversight [ duites
responsibility ];
h. A [ salesperson licensee ]
negotiating leases [ , collecting security deposits, and
receiving management fees for managing properties for a third party ]
through an unlicensed firm [ or ] without a
principal broker;
i. A [ salesperson licensee ]
operating an unlicensed firm [ or ] acting as a
principal broker;
j. A licensee practicing real estate with an inactive
[ or expired ] license;
k. A licensee [ knowingly ] providing
the broker with an earnest money deposit check from an account with
insufficient funds [ causing an escrow shortage ];
l. A licensee [ providing lockbox codes
to an unlicensed person ] allowing unsupervised access to a
home [ without the owner's authorization ];
m. A licensee failing to inform the broker of a
transaction; and
n. A licensee submitting [ unauthorized ]
altered copies of a contract or contracts to the broker; and
11. Engaging 12. Actions constituting engaging
in improper, fraudulent, or dishonest conduct, including but not limited to
the following:
a. A licensee attempting to divert commission from the firm
or sole proprietorship and direct payment to a licensee or an unlicensed
individual who is not a party to the transaction;
b. A licensee fabricating or altering any document with the
intent to mislead;
c. A licensee [ failing to obtain
signing any documents on a client's behalf without first obtaining ] a
client's [ proper ] written [ or legal ]
permission or authorization to sign [ said ] documents
[ on his behalf ];
d. A licensee making an earnest money deposit payable to
himself or [ cashing negotiating ] the
check without written [ authorization authority ];
e. A licensee misrepresenting ownership of a property;
f. A licensee submitting copies of the same earnest money
deposit check for inclusion with multiple offers;
g. A licensee entering into agreements to be compensated
for real estate services while his license is inactive;
h. A licensee representing in offers he received the
earnest money deposit when he [ has not or he ] knows
the check is worthless; and
i. A licensee misrepresenting who is holding the earnest
money deposit.
18VAC135-20-270. Conflict of interest.
Actions constituting a conflict of interest include:
1. Being active with or receiving compensation from a
real estate broker other than the licensee's principal broker, without the
written consent of the principal broker;
2. Acting for more than one client in a transaction governed
by the provisions of §§ 54.1-2139, 54.1-2139.01, and 54.1-2139.1
of the Code of Virginia without first obtaining the written consent of all
clients; and
3. Acting Performing regulated activities as a
standard agent, limited service agent, or independent contractor for any
client outside the licensee's brokerage firm(s) or sole proprietorship(s)
[ without the written consent of the principal broker ].
18VAC135-20-280. Improper brokerage commission.
Actions resulting in an improper brokerage commission
include:
1. Offering to pay or paying a commission transaction-based
fee, fees, or other valuable consideration to any person for acts or
services performed in violation of Chapter 21 (§ 54.1-2100 et seq.) of Title
54.1 of the Code of Virginia, or this chapter; provided, however, that referral
fees and shared commissions may be paid to any real estate entity licensed in
this or another jurisdiction, or to any referral entity in the United States,
the members of which are brokers licensed in this or another jurisdiction and
which only disburses commissions or referral fees to its licensed member
brokers not licensed in this or any jurisdiction for services that
require a real estate license;
2. Accepting a commission, fee, or other valuable
consideration, as a real estate salesperson or associate broker, for any
real estate services from any person or entity except the licensee's
principal broker [ or supervising broker ] at the time of the
transaction, for the performance of any of the acts specified in Chapter 21
(§ 54.1-2100 et seq.) of Title 54.1 of the Code of Virginia or the
regulations of the board or related to any real estate transaction, without the
consent of that broker. Unless he has notified the broker in writing of the
activity or activites to be pursued and obtained the prior written consent of
the principal broker, no salesperson or associate broker shall (i) use any
information about the property, the transaction or the parties to the
transaction, gained as a result of the performance of acts specified in Chapter
21 (§ 54.1-2100 et seq.) of Title 54.1 of the Code of Virginia or (ii) act as
an employee of a company providing real estate settlement services as defined
in the Real Estate Settlement Procedures Act (12 USC § 2601 et seq.) or
pursuant to a license issued by the Commonwealth of Virginia to provide real
estate settlement services to clients or customers of the firm;
3. Receiving a fee or portion thereof including a referral
fee or a commission or other valuable consideration for services required by
the terms of the real estate contract when such costs are to be paid by either
one or more principals to the transaction unless such fact is revealed in writing
to the principal(s) prior to the time of ordering or contracting for the
services financial benefit from the use of any information about the
property, the transaction, or the parties to the transaction, when the
information is gained as a result of the performance of acts specified in
Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1 of the Code of Virginia without
the prior written consent of the licensee's principal broker;
4. Offering or paying any money or other valuable
consideration for services required by the terms of the real estate contract to
any party other than the principals to a transaction which results in a fee
being paid to the licensee; without such fact being revealed in writing to the
principal(s) prior to the time of ordering or contracting for the services Receiving
financial benefit from any person other than the licensee's principal broker at
the time of the transaction, for the performance of any of the acts specified
in Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1 of the Code of Virginia
without the prior written consent of the licensee's principal broker;
5. Receiving financial benefit or other valuable
consideration for any work or service related to a transaction without the
prior written acknowledgment of the person paying for such work or service; and
6. Making a listing contract or lease which provides
for a "net" return to the seller/lessor, leaving the licensee free to
sell or lease the property at any price he can obtain in excess of the
"net" price named by the seller/lessor; and
6. Charging money or other valuable consideration to or
accepting or receiving money or other valuable consideration from any person or
entity other than the licensee's client for expenditures made on behalf of that
client without the written consent of the client.
18VAC135-20-290. Improper dealing.
Actions constituting improper dealing include:
1. Entering a brokerage relationship that (i) does not
specify a definite termination date; (ii) does not provide a mechanism for
determining the termination date; or (iii) is not terminable by the client;
2. 1. Offering real property for sale or for
lease without the knowledge and consent of the owner or the owner's authorized
representative, or on any terms other than those authorized by the owner or the
owner's authorized representative;
3. 2. Placing a sign on any property without the
consent of the owner of the property or the owner's authorized representative;
and
4. 3. Causing any advertisement for sale, rent,
or lease to appear in any newspaper, periodical, or sign format or
medium without including in the advertisement the name of the firm or sole
proprietorship.
18VAC135-20-300. Misrepresentation/omission.
Actions constituting misrepresentation or omission, or both,
include:
1. Using "bait and switch" tactics by advertising or
offering real property for sale or rent with the intent not to sell or rent at
the price or terms advertised, unless the advertisement or offer clearly states
that the property advertised is limited in specific quantity [ or for a
specified time period ] and the licensee did in fact have at least
that quantity for sale or rent [ at that price or terms at the time of
advertising ];
2. Failure by a licensee representing a seller or landlord as
a standard agent to disclose in a timely manner to a prospective purchaser or
tenant all material adverse facts pertaining to the physical condition of the
property which are actually known by the licensee;
3. Failing as a licensee to tender promptly to the buyer and
seller every written offer, every written counteroffer, and every written
rejection to purchase, option or lease obtained on the property involved;
4. Failure by a licensee acting as a standard an
agent to disclose in a timely manner to the licensee's client all material
facts related to the property or concerning the transaction when the failure to
so disclose would constitute failure by the licensee to exercise ordinary care
as defined in the brokerage agreement;
5. Notwithstanding the provisions of subdivision 4 of this
section, a licensee acting as a dual representative shall not disclose to one
client represented in the dual representation confidential information relating
to the transaction obtained during the representation of another client in the
same dual representation unless otherwise provided by law;
6. Failing to include the complete terms and conditions of the
real estate transaction, including but not limited to any lease, property
management agreement or offer to purchase;
7. Failing to include in any application, lease, or offer to
purchase identification of all those holding any deposits;
8. Knowingly making any false statement or report, or
willfully misstating the value of any land, property, or security for the
purpose of influencing in any way the action of any lender upon:
a. Applications, advance discounts, purchase agreements,
repurchase agreements, commitments or loans;
b. Changes in terms or extensions of time for any of the items
listed in this subdivision 8 whether by renewal, deferment of action, or other
means without the prior written consent of the principals to the transaction;
c. Acceptance, release, or substitution of security for any of
the items listed in subdivision 8 a of this section without the prior written
consent of the principals to the transaction;
9. Knowingly making any material misrepresentation [ or
making a material misrepresentation ]; and
10. Making a false promise through agents, salespersons,
advertising, or other means.
18VAC135-20-310. [ Delivery Improper delivery ]
of instruments.
Actions constituting improper delivery of instruments
include:
1. Failing to make prompt delivery to each principal to a
transaction, complete and legible copies of any written disclosures required by
§§ 54.1-2138, and 54.1-2139, 54.1-2139.01, and 54.1-2139.1
of the Code of Virginia, listings, lease, offers to purchase, counteroffers,
addenda and ratified agreements, and other documentation required by the agreement;
2. Failing to provide in a timely manner to all principals to
the transaction written notice of any material changes to the transaction;
3. Failing to deliver to the seller and buyer, at the time a
real estate transaction is completed, a complete and accurate statement of
receipts and disbursements of moneys received by the licensee, duly signed and
certified by the principal or supervising broker or his authorized agent;
provided, however, if the transaction is closed by a settlement agent other
than the licensee or his broker, and if the disbursement of moneys received by
the licensee is disclosed on the applicable settlement statement, the licensee
shall not be required to provide the separate statement of receipts and
disbursements; and
4. Refusing or failing without just cause to surrender to the
rightful owner, upon demand, any document or instrument which the licensee
possesses.
18VAC135-20-360. Proprietary school standards, instructor
qualifications and course requirements.
A. Every applicant to the Real Estate Board for a proprietary
school certificate shall meet the standards provided in subsection A of
§ 54.1-2105 54.1-2105.02 of the Code of Virginia by submitting
a CPA-certified letter attesting to the applicant's net worth or a balance
sheet or financial statement certified to be accurate by the applicant. Such
applicant shall show a minimum net worth of $2,000.
B. Every applicant to the Real Estate Board for approval
certification as an instructor for prelicense education shall have
one must meet two of the following qualifications outlined
in subdivisions 1 through 6 of this subsection:
1. Baccalaureate A baccalaureate degree, a
an active Virginia real estate broker's license, and two consecutive
years of discipline-free active real estate experience immediately prior to
application;
2. Five An active Virginia real estate broker's
license and five consecutive years of discipline-free active real estate
experience acquired in the real estate field immediately prior to
application and an active Virginia broker's license; or
3. Expertise in a specific field of real estate with at
least three years of active experience in that field. Such applicants will
teach only in the area of their expertise and will be required to furnish proof
of their expertise including, but not limited to, educational transcripts,
professional certificates and letters of reference which will verify the
applicant's expertise. A professional designation such as, but not
limited to, Accredited Land Consultant (ALC), Certified Residential Specialist
(CRS), Certified Commercial Investment Member (CCIM), Certified Property
Manager (CPM), Certified Residential Broker (CRB), Counselor Real Estate (CRE),
Member Appraisal Institute (MAI), Society Industrial Office Realtors (SIOR),
Senior Residential Appraiser (SRA), or Senior Real Estate Property Appraiser
(SRPA);
4. A fully designated membership of the Real Estate
Educators Association holding the Designated Real Estate Instructor (DREI)
designation;
5. Possession of a valid teaching credential or certificate
issued by the Commonwealth of Virginia, or any other state with qualifications
that are equal to or exceed Virginia teacher qualifications, or at least five
years of teaching experience in an accredited public, private, or parochial
school, or an accredited junior college, college, or university; and
6. An attorney member of the Virginia State Bar who is
engaged in the field of real estate-related law.
7. The board shall also consider evaluations from previous
education courses the applicant has instructed and recommendations of course
providers, coordinators, administrators, and institutions who have employed the
applicant.
8. The board may waive the requirements of subdivisions 1
through 6 of this subsection upon review of proof of experience in related
fields of real estate. The board has discretion to deny an applicant who has
been the subject of a disciplinary action.
C. Every applicant to the Real Estate Board for approval as
an instructor for continuing education and postlicense post license
education shall have expertise in a specific field of real estate with at least
three years of active experience and will teach only in the area of their
expertise. Such applicants will be required to furnish proof of their expertise,
possibly including, but not limited to, educational
transcripts, professional certificates, and letters of reference (a
maximum of three), a resume, or any other type of documentation that will
verify the applicant's expertise.
D. Prelicense courses must be acceptable to the board, be
taught by a certified prelicense instructor, and are required to have a
monitored, final written examination. [ Distance learning prelicense
courses may be considered as meeting the board's standard of quality if they
have Association of Real Estate License Law Officials (ARELLO) distance
education certification, or a substantially equivalent distance education
certification, and online Online ] distance learning
courses must include a timer requiring licensees to be actively engaged online
learning course content for at least 50 minutes to receive one hour of credit.
Those schools which propose to offer prelicensing courses (Principles and
Practices of Real Estate,Real Estate Brokerage, Real Estate Finance, Real Estate
Law or Real Estate Appraisal, etc.) must submit a request, in writing, to the
board prior to offering the course(s) and supply the following information:
1. Course content. All Principles and Practices of Real Estate
courses must include the 25 topic areas specified in 18VAC135-20-400. All
requests to offer broker courses must include a course syllabus acceptable to
the board;
2. Name of the course's text and any research materials used
for study assignments;
3. Description of any research assignments;
4. Copies of test or quizzes;
5. Information explaining how the "Principles"
course will require 60 hours of study, or how each broker related course will
require 45 hours of study, in compliance with § 54.1-2105 of the Code of
Virginia; and
6. Information about recordkeeping for the type of course
delivery.
E. Providers of continuing education and post license
education courses shall submit all subjects to the board for approval prior
to initially offering the course. Correspondence and other distance learning
courses offered by an approved provider must include appropriate testing
procedures to verify completion of the course, including requiring licensees
who complete correspondence or other distance learning courses to file a
notarized affidavit certifying compliance with the course requirements with the
education provider or with the licensee's own records. [ Distance
learning continuing education and post license education courses may be
considered as meeting the board's standard of quality if they have Association
of Real Estate License Law Officials (ARELLO) distance education certification,
or a substantially equivalent distance education certification, and online
Online ] distance learning courses must include a timer requiring
licensees to be actively engaged online learning course content for at least 50
minutes to receive one hour of credit. The board shall approve courses and
the number of hours approved for each course based on the relevance of the
subject to the performance of the duties set forth in §§ 54.1-2100 and
54.1-2101 of the Code of Virginia.
F. Approval of prelicense, continuing education and postlicense
post license education courses shall expire on December 31 five three
years from the year in which the approval was issued, as indicated on the
approval document.
G. All schools must establish and maintain a record for each
student. The record shall include: the student's name and address, the course
name and clock hours attended, the course syllabus or outline, the name or
names of the instructor, the date of successful completion, and the board's
course code. Records shall be available for inspection during normal business
hours by authorized representatives of the board. Schools must maintain all
student and class records for a minimum of five years.
H. All schools must provide each student with a certificate
of course completion or other documentation that the student may use as proof
of course completion. Such documentation shall contain the student's name,
school name, course name, course approval number, course completion date,
hours of credit completed., and a statement that the course is
"Approved by the Real Estate Board."
I. All providers of continuing education or post license
education courses shall electronically transmit course completion data to
the board in an approved format within five business days of the
completion of each individual course. The transmittal will include each
student's name, license number or social security number; the date of
successful completion of the course; the school's code; and the board's code.
NOTICE: The following
forms used in administering the regulation were filed by the agency. The forms
are not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name of a form with a hyperlink to
access it. The forms are also available from the agency contact or may be
viewed at the Office of the Registrar of Regulations, General Assembly
Building, 2nd Floor, Richmond, Virginia 23219.
[ FORMS (18VAC135-20)
Activate/Transfer Application, 02AT (rev. 8/07)
Add-on Business Entity License Application, 02ADDBUS (rev.
8/07)
Broker Education Requirements for Non-Reciprocal
Examinees, 02BEDREQ (rev. 6/07)
Branch Office License
Application, 02BRANCH (rev. 8/07)
Business Entity License
Application, 02BUSENT (rev. 8/07)
Business Entity License
Transfer Application, 02BUSTR (rev. 8/07)
Certificate of
Ownership/Individual Trading Under an Assumed or Fictitious Name Application,
02CRTOWN (rev. 8/07)
Certification Request,
02CRTREQ (rev. 8/07)
Concurrent Broker
Application, 02CONCUR (rev. 8/07)
Consent To Suits and Service
of Process Form, 02CTS (rev. 8/07)
Experience Verification
Form, 02EXP (rev. 8/07)
Firm License Application,
02FIRM (rev. 8/07)
Firm Name/Address Change
Form, 02FNACHG (rev. 8/07)
Firm Principal
Broker/Officer Change Form, 02PBOCHG (rev. 8/07)
Principal Broker and Sole
Proprietor By Exam & Upgrade License Application, 02PBSPLIC (rev. 8/07)
Reciprocity Applicant
Instructions, 02RECINS (rev. 5/07)
Salesperson and Associate
Broker License By Reciprocity & Upgrade Application, 02SABPKG (rev. 8/07)
Supervising Broker for
Branch Office/Change Form, 02SBCHG (rev. 8/07)
Virginia Salesperson
Upgrading to Associate Broker License by Exam Application, 02UABLIC (rev. 8/07)
Post License Education and
Continuing Education Course Approval Application, 02CRS (rev. 8/07)
Pre-licensing Education
Instructor Application, 02INSTR (rev. 8/07).
Principal Broker and Sole
Proprietor License by Reciprocity Application, 02PBPKG (rev. 8/07)
Proprietary School
Certification Application, 02SCHL (rev. 8/07).
Salesperson License by Exam
Application, 02SALIC (rev. 8/07)
Place License Inactive Form,
02INA (rev. 8/07)
Supervising Broker
Certification Form, 02SBCERT (eff. 4/08) ]
Exchange
to Salesperson License Application, A490-02DLIC-v3 (eff. 11/2015)
Pre-license
Education Instructor Certification Application, A490-0230INSTR-v5 (rev.
11/2015)
Proprietary
School Certification Application, A490-0211SCHL-v2 (rev. 11/2015)
Real
Estate Firm/Sole Proprietorship Audit, F490-02AUD (rev. 7/2014)
Individual
- Name/Address Change Form, A954640-02NACHG-v2 (rev. 5/2015)
Firm
License Application, A490-0226FLIC-v2 (rev. 2/2013)
Branch
Office License Application, A490-0226BRLIC-v2 (rev. 2/2013)
Business
Entity License Transfer Application, A490-0226BETR-v2 (rev. 2/2013)
Business
Entity License/Reinstatement Application, A490-0226BELIC-v3 (rev. 4/2013)
Add-on/Removal
of Business Entity Member Application, A490-0226ARBEM-v2 (rev. 2/2013)
Salesperson
License Application, A490-0225SLIC-v2 (rev. 2/2013)
Salesperson
- Activate/Transfer Application, A490-0225SAT-v2 (rev. 4/2015)
Place
License Inactive Application, A490-0225INACT-v1 (rev. 1/2013)
Concurrent
Broker License Application, A490-0225CONCUR-v3 (rev. 6/2013)
Concurrent
Broker Acknowledgment Form, A490-0225CBA-v1 (rev. 2/2015)
Broker
License Application, A490-0225BLIC-v2 (rev. 2/2013)
Broker
- Activate/Transfer Application, A490-0225BAT-v2 (rev. 4/2015)
Online
Approval - Broker Acknowledgment Form, A490-0225BACK-v1 (rev. 12/2014)
In-State
Experience Verification Form, A490-02VAEXP-v2 (rev. 2/2013)
Signature
Authority Application, A460-02SIG_AUT-v2 (rev. 1/2013)
Branch
Office - Supervising Broker Change Form, A490-02SBCHG-v2 (rev. 2/2013)
Firm
Principal Broker/Officer Change Form, A490-02PBOCHG-v2 (rev. 2/2013)
Out-of-State
Experience Verification Form, A490-02OSEXP-v2 (rev. 2/2013)
Firm
Name/Address Change Form, A490-02FNACHG-v1 (rev. 1/2013)
Supervising
Broker Certification Form, A490-02CERTFRM-v1 (rev. 1/2013)
Prelicense
Education Course Approval Application, A490-0214PRE-v2 (rev. 1/2014)
Additional
Instructor Approval Application, A490-0214ADD-v3 (rev. 5/2013)
Continuing
Education Course Approval Application, A490-0214CRS-v5 (rev. 6/2015)
Post
License Education Course Approval Application, A490-0214PLE-v5 (rev. 6/2015) ]
VA.R. Doc. No. R12-3250; Filed August 4, 2015, 5:13 p.m.
In the New Virginia Economy there is a need for qualified workers, including those with disabilities. The Commonwealth's vocational rehabilitation programs, administered by the Department for Aging and Rehabilitative Services (DARS) and the Department for the Blind and Vision Impaired (DBVI), annually assist more than 4,000 clients with securing jobs in businesses like Amazon, The Hershey Company, and Bon Secours Health System. These workers not only meet the demands placed on them by their employers, but inspire their coworkers and positively impact the corporate culture and workplace behaviors of all employees. Yet, not enough job seekers with disabilities find full-time, competitively-waged jobs and not enough young people with disabilities find career pathways through education or training that lead to full-time, competitively-waged jobs.
By virtue of the authority vested in me as Governor under Article V of the Constitution of Virginia and under the laws of the Commonwealth, including but not limited to § 2.2-103 of the Code of Virginia, and consistent with my Executive Order 23, I hereby direct the Secretary of Commerce and Trade, serving as my Chief Workforce Development Advisor, to take the following immediate actions:
1. The Chief Workforce Development Advisor, in conjunction with the Secretary of Health and Human Resources, shall work with DARS and DBVI to offer to all executive branch agencies (including institutions of higher education, boards, and commissions) training designed to expand existing efforts to recruit, accommodate, retain and advance Virginians with disabilities in the Commonwealth's workforce. Training shall commence no later than October 1, 2015, and will address:
• Identifying and creating career pathway opportunities for Virginians with disabilities, including mentoring opportunities, workplace learning, and paid internships that build on acquired workforce credentials;
• Using assistive technology and supportive employment to promote employment of individuals with disabilities in the Commonwealth in integrated settings and for competitive wages; and
2. The Chief Workforce Development Advisor, in conjunction with the Secretary of Health and Human Resources, shall work with the Department of Behavioral Health and Developmental Services (DBHDS) to develop strategies to enhance the DBHDS Employment First Strategic Plan no later than December 1, 2015. DBHDS shall issue an initial progress report to the Chief Workforce Development Advisor no later than July 1, 2016, and subsequent progress reports by July 1st each year thereafter.
3. The Chief Workforce Advisor, in conjunction with the Secretary of Health and Human Resources, shall work with DARS and DBVI to develop a strategy, no later than November 1, 2015, to promote and incentivize the hiring of qualified Virginians with disabilities by new and existing Virginia businesses and companies seeking to relocate to the Commonwealth.
4. The Chief Workforce Advisor, in conjunction with the Secretary of Administration, shall work with the Department of General Services to develop a strategy, no later than November 1, 2015, to increase the use by state agencies of the purchasing exemption provided in § 2.2-1118 of the Code of Virginia to purchase goods and non-professional services from Employment Services Organizations that employ individuals with disabilities.
5. The Chief Workforce Development Advisor shall prepare and deliver a report to the governor no later than December 31, 2015, and each December 31st thereafter, detailing compliance with this Executive Order and providing performance metrics from the prior fiscal year.
This Executive Order shall be effective upon its signing and shall remain in full force and effect until amended or rescinded by further executive order.
Given under my hand and under the Seal of the Commonwealth of Virginia this 27th day of July, 2015.
/s/ Terence R. McAuliffe
Governor