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. 34:8 VA.R.
763-832 December 11, 2017, refers to Volume 34, Issue 8, pages 763 through
832 of the Virginia Register issued on
December 11, 2017.
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; Gregory D. Habeeb, Vice Chair; James A.
"Jay" Leftwich; Ryan T. McDougle; Robert L. Calhoun;
Rita Davis; Leslie L. Lilley; E.M. Miller, Jr.; Thomas M. Moncure,
Jr.; Christopher R. Nolen; Charles S. Sharp; Samuel T. Towell; Mark J. Vucci.
Staff
of the Virginia Register: Karen
Perrine, Registrar of Regulations; Anne Bloomsburg, Assistant
Registrar; Alexandra Stewart-Jonte, Regulations Analyst; Rhonda Dyer,
Publications Assistant; Terri Edwards, Senior Operations Staff
Assistant.
PUBLICATION SCHEDULE AND DEADLINES
Vol. 34 Iss. 24 - July 23, 2018
July 2018 through August 2019
Volume: Issue
|
Material Submitted By Noon*
|
Will Be Published On
|
34:24
|
July 3, 2018 (Tuesday)
|
July 23, 2018
|
34:25
|
July 18, 2018
|
August 6, 2018
|
34:26
|
August 1, 2018
|
August 20, 2018
|
35:1
|
August 15, 2018
|
September 3, 2018
|
35:2
|
August 29, 2018
|
September17, 2018
|
35:3
|
September 12, 2018
|
October 1, 2018
|
35:4
|
September 26, 2018
|
October 15, 2018
|
35:5
|
October 10, 2018
|
October 29, 2018
|
35:6
|
October 24, 2018
|
November 12, 2018
|
35:7
|
November 7, 2018
|
November 26, 2018
|
35:8
|
November 19, 2018 (Monday)
|
December 10, 2018
|
35:9
|
December 5, 2018
|
December 24, 2018
|
35:10
|
December 14, 2018 (Friday)
|
January 7, 2019
|
35:11
|
January 2, 2019
|
January 21, 2019
|
35:12
|
January 16, 2019
|
February 4, 2019
|
35:13
|
January 30, 2019
|
February18, 2019
|
35:14
|
February 13, 2019
|
March 4, 2019
|
35:15
|
February 27, 2019
|
March 18, 2019
|
35:16
|
March 13, 2019
|
April 1, 2019
|
35:17
|
March 27, 2019
|
April 15, 2019
|
35:18
|
April 10, 2019
|
April 29, 2019
|
35:19
|
April 24, 2019
|
May 13, 2019
|
35:20
|
May 8, 2019
|
May 27, 2019
|
35:21
|
May 22, 2019
|
June 10, 2019
|
35:22
|
June 5, 2019
|
June 24, 2019
|
35:23
|
June 19, 2019
|
July 8, 2019
|
35:24
|
July 3, 2019
|
July 22, 2019
|
35:25
|
July 17, 2019
|
August 5, 2019
|
35:26
|
July 31, 2019
|
August 19, 2019
|
*Filing deadlines are Wednesdays
unless otherwise specified.
PETITIONS FOR RULEMAKING
Vol. 34 Iss. 24 - July 23, 2018
TITLE 18. PROFESSIONAL AND
OCCUPATIONAL LICENSING
BOARD OF DENTISTRY
Initial Agency Notice
Title of Regulation: 18VAC60-21.
Regulations Governing the Practice of Dentistry.
Statutory Authority: § 54.1-2400 of the Code of
Virginia.
Name of Petitioner: Nicholas Ilchyshyn, DDS.
Nature of Petitioner's Request: To allow dentists who
serve as preceptors for dental students for receive continuing education credit
for such work.
Agency Plan for Disposition of Request: The petition
will be published on July 23, 2018, in the Virginia Register of Regulations and
also posted on the Virginia Regulatory Town Hall at www.townhall.virginia.gov
to receive public comment ending August 22, 2018. The request to amend
regulations and any comments for or against the petition will be considered by
the board at the first scheduled meeting after close of comment, which will be
September 14, 2018. The petitioner will receive information on the board's
decision after that date.
Public Comment Deadline: August 22, 2018.
Agency Contact: Sandra Reen, Executive Director, Board
of Dentistry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone
(804) 367-4437, or email sandra.reen@dhp.virginia.gov.
VA.R. Doc. No. R18-38; Filed June 27, 2018, 1:04 p.m.
NOTICES OF INTENDED REGULATORY ACTION
Vol. 34 Iss. 24 - July 23, 2018
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Regulations for the Approval of Field Tests for Detection of Drugs
Notice of Intended Regulatory Action
Notice is hereby given in
accordance with § 2.2-4007.01 of the Code of Virginia that the Forensic Science
Board intends to consider amending 6VAC40-30, Regulations for the Approval
of Field Tests for Detection of Drugs. The purpose of the proposed action
is to broaden the regulations by amending the definitions of "field
test" and "field test kit" to include presumptive mobile
instruments, which are instruments that can test through clear plastic and
glass packaging so that officers could field test potentially lethal compounds
without having to handle them directly, reducing the risk of exposure. Proposed
amendments are considered to establish a separate evaluation process for
presumptive mobile instruments, a separate set of requirements for maintenance
of approved status for presumptive mobile instruments, and a separate fee
schedule for approval of presumptive mobile instruments.
The agency intends to hold a
public hearing on the proposed action after publication in the Virginia
Register.
Statutory Authority: § 9.1-1110 of the Code of Virginia.
Public Comment Deadline: August 25, 2018.
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.
VA.R. Doc. No. R18-5420; Filed June 29, 2018, 2:18 p.m.
TITLE 12. HEALTH
Waivered Services
Notice of Intended Regulatory Action
Notice is hereby given in
accordance with § 2.2-4007.01 of the Code of Virginia that the Department of
Medical Assistance Services (DMAS) intends to consider amending 12VAC30-120,
Waivered Services. The purpose of the proposed action is to merge the
current Elderly and Disabled with Consumer Direction Waiver population with
that of the Technology Assistance Waiver under the Commonwealth Coordinated
Care Plus Program. DMAS has received federal approval to create a new program
known as Commonwealth Coordinated Care Plus (CCC Plus) Program that will
include all remaining Medicaid populations and services, including long-term
care and home-based and community-based waiver services into managed care. CCC
Plus will operate under a fully integrated model across the full continuum of
care that includes physical health, behavioral health, community based, and
institutional services with very few carved out services through
person-centered care planning to ensure that members are aware of and can
access community based treatment options designed to serve them in the settings
of their choice.
The agency does not intend to
hold a public hearing on the proposed action after publication in the Virginia
Register.
Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC §
1396.
Public Comment Deadline: August 22, 2018.
Agency Contact: Emily McClellan, Regulatory Supervisor, Policy
Division, Department of Medical Assistance Services, 600 East Broad Street,
Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680,
or email emily.mcclellan@dmas.virginia.gov.
VA.R. Doc. No. R18-5055; Filed June 29, 2018, 1:49 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Licensure of Nurse Practitioners
Notice of Intended Regulatory Action
Notice is hereby given in
accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Nursing
intends to consider amending 18VAC90-30, Regulations Governing the Licensure
of Nurse Practitioners and 18VAC90-40, Regulations for Prescriptive
Authority for Nurse Practitioners. The purpose of the proposed action is to
eliminate the requirement for a separate license for a nurse practitioner to
have prescriptive authority. 18VAC90-40, Regulations for Prescriptive Authority
for Nurse Practitioners, likely will be repealed, and the necessary provisions
will be incorporated into a new part in 18VAC90-30, Regulations Governing the
Licensure of Nurse Practitioners. The goal is to reduce the financial and
logistical burden on nurse practitioners, who currently must maintain a
separate license to prescribe.
The agency intends to hold a
public hearing on the proposed action after publication in the Virginia
Register.
Statutory Authority: §§ 54.1-2400 and 54.1-2957.01 of the Code of Virginia.
Public Comment Deadline: August 22, 2018.
Agency Contact: Jay P. Douglas, R.N., Executive Director, Board of
Nursing, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone
(804) 367-4520, FAX (804) 527-4455, or email jay.douglas@dhp.virginia.gov.
VA.R. Doc. No. R18-5352; Filed June 26, 2018, 2:29 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations for Prescriptive Authority for Nurse Practition
Notice of Intended Regulatory Action
Notice is hereby given in
accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Nursing
intends to consider amending 18VAC90-30, Regulations Governing the Licensure
of Nurse Practitioners and 18VAC90-40, Regulations for Prescriptive
Authority for Nurse Practitioners. The purpose of the proposed action is to
eliminate the requirement for a separate license for a nurse practitioner to
have prescriptive authority. 18VAC90-40, Regulations for Prescriptive Authority
for Nurse Practitioners, likely will be repealed, and the necessary provisions
will be incorporated into a new part in 18VAC90-30, Regulations Governing the
Licensure of Nurse Practitioners. The goal is to reduce the financial and
logistical burden on nurse practitioners, who currently must maintain a
separate license to prescribe.
The agency intends to hold a
public hearing on the proposed action after publication in the Virginia
Register.
Statutory Authority: §§ 54.1-2400 and 54.1-2957.01 of the Code of Virginia.
Public Comment Deadline: August 22, 2018.
Agency Contact: Jay P. Douglas, R.N., Executive Director, Board of
Nursing, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone
(804) 367-4520, FAX (804) 527-4455, or email jay.douglas@dhp.virginia.gov.
VA.R. Doc. No. R18-5352; Filed June 26, 2018, 2:29 p.m.
REGULATIONS
Vol. 34 Iss. 24 - July 23, 2018
TITLE 2. AGRICULTURE
BOARD OF AGRICULTURE AND CONSUMER SERVICES
Proposed Regulation
Title of Regulation: 2VAC5-675. Regulations Governing
Pesticide Fees Charged by the Department of Agriculture and Consumer Services (amending 2VAC5-675-20 through 2VAC5-675-50).
Statutory Authority: § 3.2-3906 of the Code Virginia.
Public Hearing Information:
July 24, 2018 - 3 p.m. - Rural Retreat Depot, 105 West
Railroad Avenue, Rural Retreat, VA 24368
Public Comment Deadline: September 21, 2018.
Agency Contact: Liza Fleeson Trossbach, Program Manager,
Office of Pesticide Services, Department of Agriculture and Consumer Services,
P.O. Box 1163, Richmond, VA 23218, telephone (804) 371-6559, FAX (804)
371-2283, TTY (800) 828-1120, or email liza.fleeson@vdacs.virginia.gov.
Basis: Section 3.2-109 of the Code of Virginia
establishes the Board of Agriculture and Consumer Services as a policy board
with the authority to adopt regulations in accordance with the provisions of
Title 3.2 of the Code of Virginia.
Subdivision 7 of § 3.2-3906 of the Code of Virginia
authorizes the board to adopt regulations establishing a fee structure for
licensure, registration, and certification to defray the costs of implementing
the Virginia Pesticide Control Act.
Purpose: The format and a large portion of the content
of 2VAC5-675, Regulations Governing the Pesticide Fees Charged by the
Department of Agriculture and Consumer Services, were first implemented in July
1990. The regulations were amended in September 1994 and March 2009 and
renumbered in October 2012 following the merger of the former Pesticide Control
Board with the Board of Agriculture and Consumer Services. The current
certification fees for pesticide applicators and licensing fees for pesticide
businesses have been in place since 1990. The current pesticide product
registration fee has been in place since 1999.
The agency has determined that current fees do not provide
adequate funding for pesticide-related services. The fees prescribed in
2VAC5-675 are utilized to operate the agency's pesticide programs, which
protect human health and the environment by ensuring the proper use of
pesticides used to control pests that adversely affect crops, structures,
health, and domestic animals. Program activities include the certification of
approximately 21,000 pesticide applicators, licensing of approximately 3,000
pesticide businesses, registration of approximately 15,000 pesticide products,
and the conduct of routine inspections and investigations. In order to
ensure compliance with all applicable laws and regulations related to the use
of pesticides, it is imperative that fees provide adequate funding for these
services.
Substance: The substantive changes include an increase
to certification fees for commercial pesticide applicators and registered
technicians, an increase to licensure fees for pesticide businesses, and an
increase in registration fees for pesticide products. The proposed amendments
to the regulation will:
Increase the annual product registration fee from $160 per year
to $225 per year;
Increase the certification fee for commercial applicators from
$70 every two years to $100 every two years;
Increase the certification fee for registered technicians from
$30 every two years to $50 every two years; and
Increase the annual pesticide business license fee from $50 per
year to $150 per year.
Issues: The proposed regulatory action is advantageous to
the public and the regulated industry, as the amended fee structure will ensure
the continuation of program services, which protect human health and the
environment by ensuring the proper use of pesticides used to control pests that
adversely affect crops, structures, health, and domestic animals. While
increasing fees, these actions do not add any additional regulatory
requirements to pesticide applicators, pesticide businesses, or registrants of
pesticide products. There are no disadvantages to the public or the
Commonwealth.
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. The Board of
Agriculture and Consumer Services (Board) proposes fee increases for commercial
pesticide applicator certification, registered technician certification,
pesticide business licensure, and pesticide product registration to reflect
actual costs of program implementation.
Result of Analysis. The benefits likely exceed the costs for
all proposed changes.
Estimated Economic Impact.
Background: Pesticides are used for the control of pests that
adversely affect crops, structures, human health, and domestic animals. Given
the risk associated with the application of pesticides to both human health and
the environment, the use of pesticides is highly regulated at the federal and
state level. The Virginia Department of Agriculture and Consumer Services'
(VDACS) pesticide programs protect human health and the environment by ensuring
the proper use of pesticides. These programs include the certification of
pesticide applicators, the licensing of pesticide businesses, the registration
of pesticide products, and inspections and investigations to ensure compliance
with all applicable laws and regulations.
Proposed Fee Increases: VDACS collects fees to fund its
activities. The current certification fees for pesticide applicators and
licensing fees for pesticide businesses have not been updated since 1990. The
current pesticide product registration fee has not been updated since 1999.
Given inflation, particularly for personal services and information technology,
current fees do not provide adequate funding for the pesticide programs.
Consequently, the Board proposes to raise registration, certification, and
licensing fees as described in the following table.
|
Current Fee
|
Proposed Fee
|
Pesticide product registration fee
|
$160
|
$225
|
Commercial applicator certificate fee (initial)
|
$70
|
$100
|
Commercial applicator certificate fee (biennial renewal)
|
$70
|
$100
|
Commercial applicator reexamination fee
|
$70
|
$100
|
Registered technician certificate fee (initial)
|
$30
|
$50
|
Registered technician certificate fee (biennial renewal)
|
$30
|
$50
|
Registered technician reexamination fee
|
$30
|
$50
|
Pesticide business licensing fee (annual)
|
$50
|
$150
|
The fee increases for the affected firms and individuals are
relatively moderate. Given the likely benefit of protection of human health and
the environment through the continuance of the pesticide programs, the benefit
of the proposed amendments likely exceeds the cost.
Businesses and Entities Affected. The proposed amendments
affect the approximate 3,000 licensed pesticide businesses, 18,000 certified
applicators, including commercial applicators and registered technicians, and
1,550 registrants of pesticide products. The vast majority of the licensed
pesticide businesses and employers of certified applicators are likely small
businesses.1
Localities Particularly Affected. The proposed amendments do
not disproportionately affect particular localities.
Projected Impact on Employment. The proposed amendments do not
significantly affect employment.
Effects on the Use and Value of Private Property. The proposed
amendments do not significantly affect the use and value of private property.
Real Estate Development Costs. The proposed amendments do not
significantly 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 moderately
increase costs for small firms that distribute, store, sell, recommend for use,
mix, or apply pesticides.
Alternative Method that Minimizes Adverse Impact. Not raising
fees could potentially put the pesticide programs in jeopardy. There are no
clear alternatives that minimize the adverse impact on small firms while
maintaining the pesticide programs.
Adverse Impacts:
Businesses. The proposed amendments moderately increase costs
for firms that distribute, store, sell, recommend for use, mix, or apply
pesticides.
Localities. The proposed amendments do not adversely affect
localities.
Other Entities. The proposed amendment does not adversely
affect other entities.
__________________
1Data sources: Virginia Department of Agriculture and
Consumer Services
Agency's Response to Economic Impact Analysis: The
agency concurs with the analysis of the Department of Planning and Budget.
Summary:
The proposed amendments adjust the current fee structure
for licensure, registration, and certification to reflect actual costs of
program implementation and include a fee increase for commercial pesticide
applicator certification, registered technician certification, pesticide
business licensure, and pesticide product registration.
Part II
Fees
2VAC5-675-20. Pesticide product registration fee; registration
of new pesticide products; renewal of pesticide product registration.
A. Every pesticide product which is to be
manufactured, distributed, sold, offered for sale, used, or offered for
use within the Commonwealth shall be registered with the commissioner. The fee
for registering each brand shall be $160 $225. If a brand has
more than one grade, each grade shall be registered, not the brand at the
registration fee then in effect. The registration for a new pesticide product
shall be effective upon receipt by the Department of Agriculture and Consumer
Services of the application form accompanied by the required registration fee.
B. All pesticide product registrations shall expire on
December 31 of each year unless canceled or otherwise terminated for cause. A
registration not canceled or otherwise terminated for cause will be renewed
upon receipt of the annual registration fee as set forth in subsection A of
this section accompanied by the application renewal form. A registration that
has been canceled or otherwise terminated for cause prior to December 31 may be
resubmitted as a new registration when the conditions resulting in the
cancellation or termination have been resolved. The registration of each brand
or grade shall be renewed with the commissioner prior to December 31 of each
year. If the registration is not renewed prior to December 31 of each year, the
commissioner shall assess a late fee of 20% that shall be added to the
registration fee. The late fee shall apply to all renewal registrations
submitted to the department any time during the 12-month period following the
expiration of the registration. Registrants who permit a registration to lapse
for more than one year shall thereafter register the product as a new product.
The applicant shall pay the total fee prior to the issuance of the registration
by the commissioner.
2VAC5-675-30. Commercial applicator certificate fee.
Any person applying for a certificate as a commercial
applicator shall pay to the department an initial nonrefundable certificate fee
of $70 $100 and a biennial nonrefundable renewal fee of $70
$100 thereafter. All certificates shall expire at midnight on June 30 in
the second year after issuance unless suspended or revoked for cause. All
certificates not suspended or revoked for cause will be renewed upon receipt of
the biennial renewal fee. If the applicator does not file an application for
renewal of his certificate prior to COB June 30, the commissioner shall assess
a late filing fee of 20% that shall be added to the renewal fee. The applicant
shall pay the total fee prior to the commissioner's issuance of the renewal.
However, if the certificate is not renewed within 60 days following the
expiration of the certificate, then such certificate holder shall be required
to take another examination. The fee for this reexamination or for any
commercial applicator reexamination pursuant to subsection C of § 3.2-3930 of
the Code of Virginia shall be $70 $100 and shall be
nonrefundable. Any person applying to add a category or subcategory to his certificate
shall pay to the department a nonrefundable fee of $35. Federal, state, and
local government employees certified to use, or supervise the use of,
pesticides in government programs shall be exempt from any certification fees.
2VAC5-675-40. Registered technician certificate fee.
Any person applying for a certificate as a registered
technician shall pay to the department an initial nonrefundable certificate fee
of $30 $50 and a biennial nonrefundable renewal fee of $30
$50 thereafter. All certificates shall expire at midnight on June 30 in
the second year after issuance unless suspended or revoked for cause. A
certificate not suspended or revoked for cause will be renewed upon receipt of
the biennial renewal fee. If the application for renewal of any certificate is
not filed prior to COB June 30, a late filing fee of 20% shall be assessed and
added to the renewal fee and shall be paid by the applicant before the renewal
shall be issued. If the certificate is not renewed within 60 days following the
expiration of the certificate, then such certificate holder shall be required
to take another examination. The fee for this reexamination pursuant to
subsection C of § 3.2-3930 of the Code of Virginia shall be $30 $50
and shall be nonrefundable. Federal, state, and local government
employees certified to use pesticides in government programs shall be exempt
from any certification fees.
2VAC5-675-50. Business license fee.
Any pesticide business that distributes, stores, sells,
recommends for use, mixes, or applies pesticides shall pay a nonrefundable
annual pesticide business licensing fee of $50 $150 for each
location or outlet that he or it operates. All business licenses will expire at
midnight on March 3l of each year unless suspended or revoked for cause. If a
business license is not suspended or revoked for cause, it will be renewed upon
payment of the annual fee. If any person operating as a pesticide business
fails to apply for renewal of a pesticide business license by COB March 31 the
applicant, as a condition of renewal, shall pay a late license fee of 20% of
the licensing fee in addition to that fee. Merchants of limited quantities of
nonrestricted use pesticides including grocery stores, convenience stores, drug
stores, veterinarians, and other businesses who sell pesticides
primarily for limited household use shall be exempt from the business license
requirement.
FORMS (2VAC5-675)
Application for New Pesticide Product
Registration/Additional Information and Instructions, VDACS—07208 (rev. 7/12).
Application for Virginia Pesticide Business License to
sell, distribute, store, apply, or recommend pesticides for use, VDACS—07209
(eff. 9/06).
Application for Reciprocal Pesticide Applicator
Certificate/Commercial Pesticide Applicator Categories, VDACS—07210 (eff.
5/09).
Commercial Pesticide Applicator Certification
Application/Eligibility Requirements for Commercial Applicator Certification,
VDACS—07211 (rev. 7/12).
Pesticide Registered Technician Application/General
Training Requirements for Registered Technicians, VDACS—07212 (eff. 1/09).
Commercial Pesticide Applicator Request for Authorization
to Take Pesticide Applicator Examination/Commercial Pesticide Applicator Categories,
VDACS—07218 (eff. 1/09).
Application
for New Pesticide Product Registration/Additional Information and Instructions,
VDACS-07208 (rev. 7/2017)
Application
for Virginia Pesticide Business License to sell, distribute, store, apply, or
recommend pesticides for use, VDACS-07209 (rev. 7/2017)
Application
for Reciprocal Pesticide Applicator Certificate/Commercial Pesticide Applicator
Categories, VDACS-07210 (rev. 7/2017)
Commercial
Pesticide Applicator Certification Application/Eligibility Requirements for
Commercial Applicator Certification, VDACS-07211 (rev. 7/2017)
Pesticide
Registered Technician Application/General Training Requirements for Registered
Technicians, VDACS-07212 (rev. 7/2017)
Commercial
Pesticide Applicator Request for Authorization to Take Pesticide Applicator
Examination/Commercial Pesticide Applicator Categories, VDACS-07218 (rev.
7/2017)
VA.R. Doc. No. R17-5041; Filed July 3, 2018, 10:51 a.m.
TITLE 3. ALCOHOLIC BEVERAGES
ALCOHOLIC BEVERAGE CONTROL AUTHORITY
Fast-Track Regulation
Title of Regulation:
3VAC5-10. Procedural Rules for the Conduct of Hearings Before the Board and Its
Hearing Officers (amending 3VAC5-10-240).
Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code
of Virginia.
Public Hearing Information: No public hearings are
scheduled.
Public Comment Deadline: August 22, 2018.
Effective Date: September 10, 2018.
Agency Contact: LaTonya D. Hucks, Legal Liaison,
Department of Alcoholic Beverage Control, 2901 Hermitage Road, Richmond, VA
23220, telephone (804) 213-4698, FAX (804) 213-4574, or email
latonya.hucks@abc.virginia.gov.
Basis: Sections 4.1-103 and 4.1-111 of the Code of
Virginia enumerate the powers of the Board of Directors of the Virginia
Alcoholic Beverage Control Authority, which includes the authority to adopt
regulations, and to amend and repeal such regulations, and to do all acts
necessary or advisable to carry out the purposes of Alcoholic Beverage Control
Act (Title 4.1 of the Code of Virginia) in accordance with the Administrative
Process Act.
Purpose: The purpose of this amendment is to adjust the
appeals process so that it requires the interested party to identify some type
of error in the initial decision in the request for an appeal instead of merely
expressing a desire for an appeal. This regulation has little impact on public
health, safety, or welfare; however, the general welfare of the public is
benefited in that the regulation helps ensure agency resources are allocated to
legitimate appeals that warrant immediate agency attention and action.
Rationale for Using Fast-Track Rulemaking Process: The
amendments are expected to be noncontroversial because as the Department of
Alcoholic Beverage Control transitions into an Authority, it is expected that
certain regulations will have to be amended in order to accommodate a part-time
board. Requiring an interested party to identify error in the request for an
appeal will eliminate many meritless appeals and avoid overburdening the board.
Substance: Requests for appeals will have to identify
the error in the decision.
Issues: The primary advantage of the amendment to the
agency is that it will make the appeal process more efficient because requiring
the interested party to identify the error in the decision will help to reduce
or even eliminate meritless appeals to the board. The advantage to the public
with the change to this regulation is that licensees with valid appeals will
have their appeals cases heard more efficiently because time and resources will
not have to be expended on meritless appeals. The disadvantage is that it will
require the licensee to engage in more critical thinking when filing an appeal,
which could prove difficult for some less sophisticated licensees, or require
licensees to hire an attorney to handle their appeal, which could be expensive
for some. There are no disadvantages to the agency or the Commonwealth. The
pertinent matter to the regulated community, government officials, and the
public is that no longer will an interested party be able to request an appeal
without identifying an error in the initial decision.
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. The Alcoholic
Beverage Control Board (Board) proposes to specify that in appealing an adverse
initial decision, the interested party must identify any alleged errors in the
decision of the Board.
Result of Analysis. The benefits likely exceed the costs for
all proposed changes.
Estimated Economic Impact. The current regulation governing
appeals to the Board does not require the interested party to identify any
grounds for an appeal. Consequently, it is common for licensees to file an
appeal effectively stating no more than "I appeal." In calendar year
2017, 70% of the appeals were of this category.1 Appeals are costly
in that they require significant staff time. In order to limit the wasting of
resources where the licensee has no specified grounds for appeal, the Board
proposes to require that the filed appeal include identifying any alleged
errors in the initial decision. This is consistent with Code of Virginia §
2.2-4027, which requires that a party complaining of an agency action designate
and demonstrate an error of law subject to review by the court.
It is expected that this would discourage the filing of appeals
where the interested party has no specified grounds beyond unhappiness with the
initial decision. Based on the estimated time saved and rate of compensation of
the chief hearing officer, the Board's clerk, the appeals clerk, a court
reporter, and the record backup clerk, on a per case avoided basis the proposed
amendment would save approximately $540 to $935 in staff time.2
Businesses and Entities Affected. All 13,000 plus licensees
could potentially be subject to disciplinary proceedings, and thus could be
affected by the proposed amendments.3 The Department of Alcoholic
Beverage Control issues licenses for manufacturers, wholesalers and shippers of
alcoholic beverages; retail licenses for the sale of alcohol at restaurants,
hotels, convenience stores, grocery stores, etc.; and banquet licenses to allow
persons or groups to host events such as wedding receptions, tastings, or
fundraisers, where alcohol is served in an unlicensed location or club premise.
Localities Particularly Affected. The proposed amendments do
not disproportionately affect particular localities.
Projected Impact on Employment. The proposed amendments do not
significantly affect employment.
Effects on the Use and Value of Private Property. The proposed
amendments do not significantly affect the use and value of private property.
Real Estate Development Costs. The proposed amendments do not
affect real estate development costs.
Small Businesses:
Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia,
small business is defined as "a business entity, including its affiliates,
that (i) is independently owned and operated and (ii) employs fewer than 500
full-time employees or has gross annual sales of less than $6 million."
Costs and Other Effects. The proposed amendments do not affect
costs for small businesses.
Alternative Method that Minimizes Adverse Impact. The proposed
amendments do not adversely affect small businesses.
Adverse Impacts:
Businesses. The proposed amendments do not adversely affect
businesses.
Localities. The proposed amendments do not adversely affect
localities.
Other Entities. The proposed amendments do not adversely affect
other entities.
____________________
1Data Source: Virginia Alcoholic Beverage Control
Authority.
2Estimates of time saved and employee compensation
provided by the Alcoholic Beverage Control Authority.
3Data source: Alcoholic Beverage Control Authority.
Agency's Response to Economic Impact Analysis: The
Virginia Alcoholic Beverage Control Authority concurs with the Department of
Planning and Budget's economic impact analysis.
Summary:
The amendment adds the requirement that the interested
party identify the error in the decision being appealed in the written request
to the board for an appeal.
3VAC5-10-240. Appeals.
A. An interested party may appeal to the board an adverse
initial decision, including the findings of fact and the conclusions, of a
hearing officer or a proposed decision, or any portion thereof, of the board
provided a request therefor in writing identifying any alleged errors in the
decision is received within 30 days after the date of mailing of the
initial decision or the proposed decision, whichever is later.
B. At his option, an interested party may submit written
exceptions to the initial or proposed decision within the 30-day period and
waive further hearing proceedings.
C. If an interested party fails to appear at a hearing, the
board may proceed in his absence and render a decision.
VA.R. Doc. No. R18-5368; Filed June 27, 2018, 8:44 a.m.
TITLE 3. ALCOHOLIC BEVERAGES
ALCOHOLIC BEVERAGE CONTROL AUTHORITY
Fast-Track Regulation
Title of Regulation: 3VAC5-10. Procedural Rules for
the Conduct of Hearings Before the Board and Its Hearing Officers (amending 3VAC5-10-400).
Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code
of Virginia.
Public Hearing Information: No public hearings are
scheduled.
Public Comment Deadline: August 22, 2018.
Effective Date: September 10, 2018.
Agency Contact: LaTonya D. Hucks, Legal Liaison,
Department of Alcoholic Beverage Control, 2901 Hermitage Road, Richmond, VA
23220, telephone (804) 213-4698, FAX (804) 213-4574, or email
latonya.hucks@abc.virginia.gov.
Basis: Sections 4.1-103 and 4.1-111 of the Code of
Virginia enumerate the powers of the Board of Directors of the Virginia
Alcoholic Beverage Control Authority, which includes the authority to adopt
regulations, and to amend and repeal such regulations, and to do all acts
necessary or advisable to carry out the purposes of Alcoholic Beverage Control
Act (Title 4.1 of the Code of Virginia) in accordance with the Administrative
Process Act.
Purpose: The purpose of this regulation change is to
clarify that the Rules of the Supreme Court of Virginia relating to the general
rules applicable to all proceedings, foreign attorneys, the Virginia Rules of
Evidence, appeals pursuant to the Administrative Process Act, and practices and
procedures in civil actions are all applicable to all proceedings under the Wine
and Beer Franchise Acts. The additional rules have always been applied in
practice by virtue of the Administrative Process Act, even though they were not
mentioned in the regulations. The purpose of the change is to make it
abundantly clear that the mentioned portions of the Rules of the Supreme Court
are applicable and not just Part Four. Also since mediation will be one of the
proceedings that will be subject to these rules, it is necessary to include it
in the regulation. This regulation has no significant impact on the health and
safety of the public; however, general public welfare is benefited when the
agency and the licensees are in compliance with the prevailing laws of the
Commonwealth and when all parties are well informed of the applicable laws.
Rationale for Using Fast-Track Rulemaking Process: The
amendments are expected to be noncontroversial because they provide further
clarification as to which Rules of the Supreme Court of Virginia apply to
proceedings under the Wine and Beer Franchise Acts. The additional parts
incorporated specifically in the amendment have been applied in practice;
however, the regulation only cited Part Four and for the sake of clarification,
the other portions are being incorporated by reference into the regulation.
Substance: The proposed regulation changes will amend
the regulation to include Parts One, One A, Two, Two A, and Three of the Rules
of Supreme Court of Virginia as applying to all proceedings under the Wine and
Beer Franchise Acts. The additional parts mentioned specifically in the
amendment have been applied in practice; however, the regulation currently only
cites Part Four, and for the sake of clarification, the other portions are
being added to the regulation. The amendments also add mediation as one of the
proceedings subject to the aforementioned Rules of the Supreme Court of
Virginia.
Issues: The primary advantage for the agency of this
regulation amendment is that it clarifies that the Rules of the Supreme Court
of Virginia relating to the general rules applicable to all proceedings,
foreign attorneys, the Virginia Rules of Evidence, appeals pursuant to the
Administrative Process Act, and practices and procedures in civil actions are
all applicable to all proceedings under the Wine and Beer Franchise Acts.
Advantages to the regulated community, government officials, and the public are
that certain rules of the Virginia Supreme Court that were not initially
applicable under the regulation will now apply and mediation is one of the
proceedings subject to these rule. There are no disadvantages to the public,
the agency, or the Commonwealth.
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. The Alcoholic
Beverage Control Board (Board) proposes to clarify: 1) that specific Rules of
the Supreme Court of Virginia apply in all proceedings under the Wine and Beer
Franchise Acts, and 2) that mediation is one of the proceedings subject to the
aforementioned Rules of the Supreme Court of Virginia.
Result of Analysis. The benefits likely exceed the costs for
all proposed changes.
Estimated Economic Impact. The current regulation specifies
that:
The Rules of the Supreme Court of Virginia, Part Four, shall
apply in all proceedings under the Wine and Beer Franchise Acts, Chapters 4 (§
4.1-400 et seq.) and 5 (§ 4.1-500 et seq.) of Title 4.1 of the Code of
Virginia, including arbitration proceedings when necessary pursuant to §§
4.1-409 and 4.1-508 of the Code of Virginia.
The Board proposes to amend the text to specify that Rules of
the Supreme Court of Virginia, Parts One, One A, Two, Two A, Three, and Four
all apply. This is a clarification that the Rules of the Supreme Court of
Virginia (Rules) relating to the general rules applicable to all proceedings,
foreign attorneys, the Virginia Rules of Evidence, appeals pursuant to the
Administrative Process Act, and practices and procedures in civil actions are
all applicable to all proceedings under the Wine and Beer Franchise Acts.
The Board also proposes to specify that mediation is subject to
the Rules. This is also a clarification of current law. The proposed clarifying
amendments do not change applicable requirements but are beneficial in that
they may reduce potential misunderstandings.
Businesses and Entities Affected. All 13,000 plus licensees
could potentially be subject to disciplinary proceedings, and thus could be
affected by the proposed amendments.1 ABC issues: licenses for
manufacturers, wholesalers, and shippers of alcoholic beverages; retail
licenses for the sale of alcohol at restaurants, hotels, convenience stores,
grocery stores, etc.; and banquet licenses to allow persons or groups to host
events such as wedding receptions, tastings, or fundraisers, where alcohol is
served in an unlicensed location or club premise.
Localities Particularly Affected. The proposed amendments do
not disproportionately affect particular localities.
Projected Impact on Employment. The proposed amendments do not
affect employment.
Effects on the Use and Value of Private Property. The proposed
amendments do not affect the use and value of private property.
Real Estate Development Costs. The proposed amendments do not
affect real estate development costs.
Small Businesses:
Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia,
small business is defined as "a business entity, including its affiliates,
that (i) is independently owned and operated and (ii) employs fewer than 500
full-time employees or has gross annual sales of less than $6 million."
Costs and Other Effects. The proposed amendments do not affect
costs for small businesses.
Alternative Method that Minimizes Adverse Impact. The proposed
amendments do not adversely affect small businesses.
Adverse Impacts:
Businesses. The proposed amendments do not adversely affect
businesses.
Localities. The proposed amendments do not adversely affect
localities.
Other Entities. The proposed amendments do not adversely affect
other entities.
__________________________________
1 Data source: Department of Alcoholic Beverage Control.
Agency's Response to Economic Impact Analysis: The
Virginia Alcoholic Beverage Control Authority concurs with the Department of
Planning and Budget's economic impact analysis.
Summary:
The amendments (i) incorporate by reference Parts One, One
A, Two, Two A, and Three of the Rules of Supreme Court of Virginia (Rules) as
applying to all proceedings under the Wine and Beer Franchise Acts and (ii) add
mediation as one of the proceedings subject to the Rules, in addition to the
currently incorporated Part Four of the Rules. Currently, arbitration is the
one proceeding to which the Rules apply under the Wine and Beer Franchise Acts.
3VAC5-10-400. Discovery, prehearing procedures and production
at hearings; definitions.
The Rules of the Supreme Court of Virginia, Part Parts
One, One A, Two, Two A, Three, and Four, shall apply in all
proceedings under the Wine and Beer Franchise Acts, Chapters 4 (§ 4.1-400 et
seq.) and 5 (§ 4.1-500 et seq.) of Title 4.1 of the Code of Virginia, including
mediation and arbitration proceedings when necessary pursuant to §§ 4.1-409
and 4.1-508 of the Code of Virginia. Any references to a "court"
contained in the rules shall be deemed to mean the hearing officer or officers
of the board conducting the proceeding.
No provision of this section shall affect the practice of
taking evidence at a hearing, but such practice, including that of generally
taking evidence ore tenus only at hearings before hearing officers, shall
continue unaffected hereby.
DOCUMENTS INCORPORATED BY REFERENCE (3VAC5-10)
Rules
of the Supreme Court of Virginia, Part One: General Rules Applicable to All
Proceedings
Rules
of the Supreme Court of Virginia, Part One A: Foreign Attorneys
Rules
of the Supreme Court of Virginia, Part Two: Virginia Rules of Evidence
Rules
of the Supreme Court of Virginia, Part Two A: Appeals Pursuant to the
Administrative Process Act
Rules
of the Supreme Court of Virginia, Part Three: Practice and Procedures in Civil
Actions
Rules of the Supreme Court of Virginia, Part Four:
Pretrial Procedures, Depositions, and Production at Trial.
VA.R. Doc. No. R18-5369; Filed June 27, 2018, 8:48 a.m.
TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Final Regulation
Titles of Regulations: 8VAC20-22. Licensure
Regulations for School Personnel (repealing 8VAC20-22-10 through
8VAC20-22-760).
8VAC20-23. Licensure Regulations for School Personnel (adding 8VAC20-23-10 through 8VAC20-23-800).
Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the
Code of Virginia.
Effective Date: August 23, 2018.
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.
Summary:
The regulatory action repeals the existing regulation
(8VAC20-22) and adopts a new regulation (8VAC20-23) regarding licensure for
school personnel to align the regulation with recent changes in the Code of
Virginia, current best practices in education, current educational research, and
the revised Virginia Standards of Learning and the Guidelines for Uniform
Performance Standards and Evaluation Criteria for Teachers.
Substantive elements of the regulations (i) revise selected
definitions to conform with changes in the regulations; (ii) modify prescribed
licensure requirements, including reducing the number of years of work
experience required for a career switcher provisional license from five to
three and extending the international educator license from three to five
years; (iii) add new endorsement areas in mathematics, engineering, and special
education; and (iv) increase rigor in the requirements for selected endorsement
areas.
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.
CHAPTER 23
LICENSURE REGULATIONS FOR SCHOOL PERSONNEL
Part I
Definitions
8VAC20-23-10. Definitions.
The following words and terms when used in this chapter
shall have the meanings indicated unless the context clearly implies otherwise:
"Accredited institution" means an institution of
higher education accredited by a regional accrediting agency recognized by the
United States Department of Education.
"Accredited virtual school or program" means a
virtual school or program accredited by one of the accrediting agencies
recognized by the Virginia Department of Education. [ School
divisions operating as multi-division online providers may be deemed as meeting
accreditation requirements if a majority of their schools are fully accredited
by the Virginia Board of Education. ]
"Alternate route to licensure" means a
nontraditional route to licensure available to individuals who meet the
criteria specified in 8VAC20-23-90.
"Approved program" means a professional
education program recognized as meeting state standards for the content and
operation of such programs so that graduates of the program will be eligible
for state licensure. The Virginia Board of Education has the authority to
approve programs in Virginia.
"Cancellation" means the withdrawal of a
[ teaching ] license following the voluntary return
of the license by the license holder.
"Certified [ program ] provider"
means a provider certified by the Virginia Department of Education to provide
preparation and training for applicants seeking the Provisional License
specified in 8VAC20-23-90.
"Collegiate Professional License" means a
five-year, renewable [ teaching ] license available to
an individual who has satisfied all requirements for licensure set forth in
this chapter, including an earned baccalaureate degree from a regionally
accredited college or university and the professional teacher's assessments
prescribed by the Virginia Board of Education.
[ "Content area coursework" means
courses at the undergraduate level (i.e., two-year or four-year institution) or
at the graduate level that will not duplicate previous courses, or the level of
coursework, taken in humanities, English, history and social sciences,
sciences, mathematics, health and physical education, and fine arts. These
courses are usually available through the college or department of arts or
sciences. ]
"Denial" means the refusal to grant a
[ teaching ] license [ to a new
applicant or to an applicant who is reapplying after the expiration of a
license ].
"Division Superintendent License" means a
five-year, renewable license available to an individual who has completed an
earned master's degree from a regionally accredited college or university and
meets the requirements specified in 8VAC20-23-630. The individual's name [ must
shall ] be listed on the Virginia Board of Education's list of
eligible division superintendents.
"Experiential learning" means a process of
applying for an initial license through the alternate route as prescribed by
the Virginia Board of Education and meeting the criteria specified in
8VAC20-23-90 E to be eligible to request experiential learning credits in lieu
of the coursework for the endorsement (teaching) content area.
[ "Industry certification credential" means
an active career and technical education credential that is earned by
successfully completing a Virginia Board of Education-approved industry
certification examination, being issued a professional license in the
Commonwealth, or successfully completing an occupational competency
examination. ]
"International Educator License" means
[ a five-year cultural exchange opportunity for Virginia students
and international teachers. The International Educator License is ]
a professional teaching license issued for no more than five years to an
exchange teacher with citizenship in a nation other than the United States of
America [ and who meets requirements by a
state-approved, federally-designated Exchange Visitor Program and who is ]
employed as [ a ] teacher in a Virginia public
school or an accredited nonpublic school.
"Licensure by reciprocity" means a process used
to issue a license to an individual coming into Virginia from another state
when that individual meets certain conditions specified in this chapter.
"Mentor" means a classroom teacher hired by the
local school division who has achieved continuing contract status or other
instructional personnel including retired teachers who meet local mentor
selection criteria. The mentor should work in the same building as the
beginning teacher or be instructional personnel who is assigned solely as a
mentor. A mentor should be assigned a limited number of teachers at any time.
Instructional personnel who are not assigned solely as mentors should not be
assigned to more than four teachers at any time. Mentors guide teachers in the
program through demonstrations, observations, and consultations.
"Online Teacher License" means a five-year,
renewable license valid only for teaching online courses. Teachers who hold a
five-year renewable license issued by the Virginia Board of Education may teach
online courses for which they are properly endorsed and do not need to seek
this license.
"Postgraduate Professional License" means a
five-year, renewable license available to an individual who has qualified for
the Collegiate Professional License and who holds an appropriate earned
graduate degree from a regionally accredited college or university.
[ "Professional studies" means courses and
other learning experiences designed to prepare individuals in the areas of
human development and learning, curriculum and instruction, assessment of and
for learning, classroom and behavior management, foundations of education and
the teaching profession, language and literacy, and supervised clinical
experiences. ]
"Professional teacher assessment" means those
tests or other requirements mandated for licensure as prescribed by the
Virginia Board of Education.
"Provisional License" means a nonrenewable
license valid for a specified period of time not to exceed three years issued
to an individual who has allowable deficiencies for full licensure as set forth
in this chapter. The individual [ must shall ]
have a minimum of an [ undergraduate earned
baccalaureate ] degree from a regionally accredited college or
university, with the exception of those individuals seeking the Technical
Professional License. The Provisional License [ will be issued for
a three-year validity period ], with the exception of [ those
individuals seeking licensure through a career switcher program who will be
issued a one-year Provisional License, will be the Provisional
(Career Switcher) License that will be initially issued for a one-year validity
period and Teach For America Provisional License that will be initially ]
issued for [ two years a two-year validity period ].
[ Individuals may apply for a third year on the Provisional License
by submitting documentation indicating that all licensure assessments prescribed
by the Virginia Board of Education have been taken. ] Individuals
[ must shall ] complete all requirements
[ for licensure ], including passing all licensure
assessments, for a renewable license within the validity period of the
[ license Provisional License ].
"Pupil Personnel Services License" means a
five-year, renewable license available to an individual who has earned an
appropriate graduate degree from a regionally accredited college or university
with an endorsement as a school counselor, school psychologist, school social
worker, or vocational evaluator. This license does not require teaching
experience unless otherwise outlined under the specific endorsement's
requirements.
"Renewable license" means a license issued by
the Virginia Board of Education for five years to an individual who meets all
requirements specified in this chapter.
"Revocation" means the withdrawal of a
[ teaching ] license.
"School Manager License" means a five-year,
renewable license intended to provide for a differentiation of administrative
responsibilities in a school setting. A school manager is licensed to
administer noninstructional responsibilities in an educational setting.
[ For example, a A ] school manager is
restricted from evaluating teachers, supervising instruction, developing and
evaluating curriculum, and serving as a school’s student disciplinarian. The
license is available to a candidate who holds a baccalaureate degree from a
regionally accredited college or university; has three years of [ success
successful ] managerial experience; and is recommended for the
license by a Virginia school division superintendent.
"Suspension" means the temporary withdrawal of a
[ teaching ] license.
"Technical Professional License" means a
five-year, renewable license available to an individual who has graduated from
[ an a public or ] accredited [ nonpublic ]
high school (or possesses a [ General Educational Development
Certificate Virginia Board of Education-approved high school
equivalency credential ]); has exhibited academic proficiency,
technical competency, and successful occupational experience; and meets the
requirements specified in [ subdivision 4 of ] 8VAC20-23-50
[ A 4 ].
[ "Teach For America License" means a
two-year provisional license available to an individual who is a participant in
Teach For America and meets the requirements specified in 8VAC20-23-50. ]
Part II
Administering the Regulations
8VAC20-23-20. Administering this chapter.
A. In administering this chapter, modifications may be
made in exceptional cases by the Superintendent of Public Instruction. Proposed
modifications shall be made in writing to the Superintendent of Public
Instruction, Commonwealth of Virginia, Virginia Department of Education, P.O.
Box 2120, Richmond, Virginia 23218-2120.
B. In administering this chapter, competencies required
for endorsement areas are outlined in the Regulations Governing the Review and
Approval of Education Programs in Virginia (8VAC20-543). This document should
be referenced for detailed information regarding coursework content for
endorsements. Individuals [ must shall ] complete
the semester hours required for endorsement areas, or the equivalent, that
[ must shall ] be documented and approved by
the [ Virginia ] Department of Education.
[ C. Virginia school divisions may submit requests to
the Virginia Department of Education for determination of appropriate
endorsements for blended or integrated course options.
D. Upon the effective date of this chapter, the Virginia
Board of Education grants a one-year transition period for the implementation
of this chapter. ]
Part III
Licensure
8VAC20-23-30. Purpose and responsibility for licensure.
The primary purpose for licensing teachers and other
school personnel is to maintain standards of professional competence. The
responsibility for licensure is set forth in § 22.1-298.1 of the Code of
Virginia, which states that the Virginia Board of Education shall prescribe by
regulation the requirements for licensure of teachers.
8VAC20-23-40. Conditions for licensure.
A. Applicants for licensure [ must
shall ]:
1. Be at least 18 years of age;
2. Pay the appropriate fees as determined by the Virginia
Board of Education and complete the application process;
3. Have earned a baccalaureate degree, with the exception
of the Technical Professional License, from a regionally accredited college or
university and meet requirements for the license sought. Persons seeking
initial licensure through approved programs from Virginia institutions of
higher education shall only be licensed as instructional personnel [ by
the Virginia Board of Education if the professional education programs offered
at such institutions have been accredited by a national accrediting agency and
the education (endorsement) programs have final approval by the if
the education endorsement programs have approval by the ] Virginia
Board of Education; [ individuals who have earned a degree from an
institution in another country shall hold the equivalent of a regionally
accredited college or university degree in the United States, as verified by a
Virginia Department of Education-approved credential evaluation agency, for the
required degree for the license; ] and
4. Possess good moral character [ (i.e.,
and be ] free of conditions outlined in Part VII (8VAC20-23-720 et
seq.) of this chapter.
B. All candidates who hold at least a baccalaureate degree
from a regionally accredited college or university and who seek an initial
Virginia teaching license [ must shall ] obtain
passing scores on professional teacher's assessments prescribed by the Virginia
Board of Education. With the exception of the career switcher program that
requires assessments as prerequisites, individuals [ must
shall ] complete the professional teacher's [ assessments
assessment ] requirements within the three-year validity of the
initial provisional license. Candidates seeking a Technical Professional
License, International Educator License, School Manager License, or Pupil
Personnel Services License are not required to take the professional teacher's
assessments. Individuals who hold a valid out-of-state license (full credential
without deficiencies) and who have completed a minimum of three years of
full-time, successful teaching experience in a public or an accredited
nonpublic school, kindergarten through grade 12, outside of Virginia are exempt
from the professional teacher's assessment requirements. Documentation
[ must shall ] be submitted to verify the
school's status as a public or an accredited nonpublic school.
C. All individuals seeking an initial endorsement in
early/primary education preK-3, elementary education preK-6, special
education-general curriculum, special education-deaf and hard of hearing,
special education-blindness and visual impairments, and individuals seeking an
endorsement as a reading specialist [ must shall ]
obtain passing scores on a reading instructional assessment prescribed by
the Virginia Board of Education.
D. Licensure by reciprocity is set forth in 8VAC20-23-100.
A school leaders [ licensure ] assessment prescribed by
the Virginia Board of Education [ must shall ]
be met for all individuals who are seeking an endorsement authorizing them
to serve as principals and assistant principals in the public schools.
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 [ licensure ]
assessment prescribed by the Virginia Board of Education.
E. Individuals seeking initial licensure [ must
shall ] demonstrate proficiency in the use of educational
technology for instruction, 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, and receive professional development in instructional methods
tailored to promote student academic progress and effective preparation for the
[ Virginia ] Standards of Learning end-of-course and
end-of-grade assessments.
F. Every person seeking initial licensure shall provide
evidence of completion of certification or training in emergency first aid,
cardiopulmonary resuscitation, and use of automated external defibrillators.
The certification or training program shall be based on the current national
evidenced-based emergency cardiovascular care guidelines for cardiopulmonary
resuscitation and the use of an automated external defibrillator, such as a
program developed by the American Heart Association or the American Red Cross.
The Virginia Board of Education shall provide a waiver for this requirement for
any person with a disability whose disability prohibits such person from
completing the certification or training.
G. The teacher of record for verified credit courses for
high school graduation [ must shall ] hold
a Virginia license with the appropriate content endorsement.
[ H. Every teacher seeking an initial license in the
Commonwealth with an endorsement in the area of career and technical education
shall have an industry certification credential, as defined in 8VAC20-23-10, in
the area in which the teacher seeks endorsement. If a teacher seeking an
initial license in the Commonwealth has not attained an industry certification
credential in the area in which the teacher seeks endorsement, the Virginia
Board of Education may, upon request of the employing school division or
educational agency, issue the teacher a provisional license to allow time for
the teacher to attain such credential.
I. Effective July 1, 2017, every person seeking renewal of
a license shall complete awareness training, provided by the Virginia
Department of Education, on the indicators of dyslexia, as that term is defined
by the Virginia Board of Education pursuant to regulations, and the
evidence-based interventions and accommodations for dyslexia. ]
8VAC20-23-50. Types of licenses; dating licenses.
A. The following types of licenses are available:
1. Provisional License. The Provisional License is a
nonrenewable license valid for a period not to exceed three years issued to an
individual who has allowable deficiencies for full licensure as set forth in
this chapter. The Provisional License will be issued for [ two
years a three-year validity period ], with the
[ exception exceptions ] of [ those
individuals seeking a the ] Provisional [ (Career
Switcher) ] License [ through a career switcher
program that will initially be issued for a one-year validity period
and the Provisional Teach For America License issued for a two year validity
period ]. [ Individuals may apply for a third year
on the Provisional License by submitting documentation indicating that all
licensure assessments prescribed by the Virginia Board of Education (http://doe.virginia.gov/teaching/licensure/prof_teacher_assessment.pdf)
have been taken. The Provisional (Career Switcher) License will be dated as set
forth in 8VAC20-23-90 A 2. ] Individuals [ must
shall ] complete [ the all ]
requirements [ for licensure, ] including passing all
licensure assessments, for [ the a ] renewable
[ five-year ] license within the validity period of
the Provisional License. The individual [ must shall ]
have a minimum of an [ undergraduate earned
baccalaureate ] degree from a regionally accredited college or
university, with the exception of those individuals seeking the Technical
Professional License.
2. Collegiate Professional License. The Collegiate
Professional License is a five-year, renewable license available to an
individual who has satisfied all requirements for licensure, including an
earned [ undergraduate baccalaureate ] degree
from a regionally accredited college or university and the professional
teacher's assessments prescribed by the Virginia Board of Education.
3. Postgraduate Professional
License. The Postgraduate Professional License is a five-year, renewable
license available to an individual who has qualified for the Collegiate
Professional License and who holds an appropriate earned graduate degree from a
regionally accredited college or university.
4. Technical Professional License. The Technical
Professional License is a five-year, renewable license available to a person
who has graduated from [ a public or ] an accredited
[ nonpublic ] high school or possesses a [ General
Educational Development Certificate Virginia Board of
Education-approved high school equivalency credential ]; has
exhibited academic proficiency, skills in literacy and communication, technical
competency, and successful occupational experience; [ and ]
has completed nine semester hours of specialized professional studies credit
from a regionally accredited college or university [ ; and has
completed one year of successful, full-time teaching experience in a public
school or accredited nonpublic school in the area of endorsement ].
The nine semester hours of professional studies coursework [ must
shall ] include three semester hours of human development and
learning, three semester hours of curriculum and instruction, and three
semester hours of applications of instructional technology or classroom and
behavior management. The Technical Professional License is issued at the
recommendation of [ an a Virginia ] employing
educational agency in the areas of career and technical education, educational
technology, and military science. Individuals seeking an endorsement to teach
military science [ must shall ] have the
appropriate credentials issued by the United States military. The employing
Virginia educational agency [ must shall ] ensure
the credentials issued by the United States military are active during the
period the individual is teaching. In addition to demonstrating competency in
the endorsement area sought, the individual [ must
shall ]:
a. Hold a valid license issued by the appropriate Virginia
board for those program areas requiring a license and a minimum of two years of
successful experience at the journeyman level or an equivalent. The employing
Virginia educational agency [ must shall ] ensure
that the valid license issued by the appropriate Virginia board for the
occupational program area is active during the period the individual is
teaching;
b. Have completed a registered apprenticeship program and
two years of successful experience at the journeyman level or an equivalent
level in the trade; or
c. Have four years of successful work experience at the
management or supervisory level or equivalent or have a combination of four
years of training and [ successful ] work experience at
the management or supervisory level or equivalent.
Individuals holding the Technical Professional License who
seek the Collegiate Professional or Postgraduate Professional License
[ must shall ] meet the requirements of the
respective licenses.
5. School Manager License. The school manager license is a
five-year, renewable license intended to provide for the differentiation of
administrative responsibilities in a school setting. A school manager is
licensed to administer noninstructional responsibilities in an educational
setting. [ For example, a A ] school
manager is restricted from evaluating teachers, supervising instruction,
developing and evaluating curriculum, and serving as a school's student
disciplinarian. The license is available to a candidate who holds a
baccalaureate degree from a regionally accredited college or university, has
three years of successful managerial experience, and is recommended for the
license by a Virginia school division superintendent.
6. Pupil Personnel Services License. The Pupil Personnel
Services License is a five-year, renewable license available to an individual
who has earned an appropriate graduate degree from a regionally accredited
college or university with an endorsement for school counselor, school
psychologist, school social worker, or vocational evaluator. This license does
not require teaching experience, unless otherwise outlined under the specific
endorsement's requirements.
7. Division Superintendent License. The Division
Superintendent License is a five-year, renewable license available to an
individual who has completed an earned master's degree from a regionally
accredited college or university and meets the requirements specified in
8VAC20-23-630. The individual's name [ must shall ]
be listed on the Virginia Board of Education's list of eligible division
superintendents.
8. International Educator License. The International
Educator License provides a five-year cultural exchange opportunity for
Virginia students and international teachers. The International Educator
License is a professional teaching license issued [ for no more
than five years ] to an exchange teacher with citizenship in a
nation other than the United States of America [ and ]
who is employed as a teacher in a Virginia public or accredited nonpublic
school. To be issued the five-year, nonrenewable International Educator
License, an individual serving as a cultural exchange teacher in Virginia
[ must shall ]:
a. Be employed by a Virginia public or an accredited
nonpublic school;
b. Hold non-United States citizenship and be a
nonpermanent resident; and
c. Meet the following requirements as verified by a
state-approved, federally-designated Exchange Visitor Program (22 CFR Part 62):
(1) Be proficient in written and spoken English;
(2) Demonstrate competence in the appropriate academic
subject area or areas by meeting the credential requirements for a qualified
teacher in the exchange country;
(3) Hold the United States equivalent of a baccalaureate
degree or higher as determined by an approved credential [ evaluation ]
agency; and
(4) Complete at least two years of successful full-time
teaching experience that enables the educator to fulfill a similar assignment
in his home country or is comparable to those requirements for Virginia
teachers.
If an individual meets requirements of subdivisions 8 a, 8
b, 8 c (1), 8 c (2), and 8 c (3) of this subsection and has completed at least
one year, but less than two years, of successful full-time teaching experience
that [ enables would enable ] the
educator to fulfill a similar assignment in his home country or is comparable
to those requirements for Virginia teachers, the International Educator License
will be issued for three years with an option to extend the nonrenewable
International Educator License for the additional two years upon [ meeting
passing ] all teacher assessments prescribed by the Virginia Board
of Education and a recommendation of the Virginia employing school division or
accredited nonpublic school.
Individuals who have been issued an International Educator
License who seek a five-year, renewable license [ will need to
shall ] meet all licensure and endorsement requirements, including
[ passing ] applicable assessments prescribed by the
Virginia Board of Education.
9. Online Teacher License. The Online Teacher License is a
five-year, renewable license valid only for teaching online courses. Teachers
who hold a five-year renewable license issued by the Virginia Board of
Education may teach online courses for which they are properly endorsed and do
not need to seek this license.
a. [ The In order to be issued an
Online Teacher License, the ] individual [ is
required to shall ] meet [ the ] requirements
for an endorsement in a content (teaching) area [ ,
and ] professional studies [ requirements, ]
and [ achieve ] qualifying scores on professional
teacher's assessments as prescribed by the Virginia Board of Education. In
addition, the individual [ must shall ] complete
a three-semester-hour course in online instructional procedures.
Online instructional procedures: [ 3
Three ] semester hours. Skills in this area shall contribute to an
understanding of the principles of online learning and online instructional
strategies and the application of skills [ in and ]
the ability to use the Internet for teaching, learning, and management;
design, deliver, and support instruction in an online environment; adapt
strategies for a variety of course models [ (e.g. ],
[ such as ] synchronous and asynchronous [ ) ];
select, adapt, and create rich multimedia for instruction; adapt individualized
education program requirements to online course practices, as appropriate; use
data to meet individual [ students student's ]
needs; and employ innovative teaching strategies in an online environment.
Demonstrated proficiency of advanced skills in the following [ must
areas shall ] be addressed: use of communication technologies to
interact with and engage students, parents, and mentors; use of education
technologies; management of instructional activities in a technology-mediated
environment; and nontraditional content delivery methods.
b. Online teaching experience is not acceptable to meet the
full-time teaching experience for other license types, such as a Division
Superintendent License, or for endorsements, such as for the reading
specialist, school counselor, or administration and supervision endorsements.
The Online Teacher License may be issued if requirements have been met as one
of the following licenses to individuals teaching only online courses:
(1) Online Teacher (Postgraduate Professional) License - a
five-year, renewable license available to an individual who has qualified for
the Online Teacher (Collegiate Professional) License and who holds an
appropriate earned graduate degree from a regionally accredited college or
university.
(2) Online Teacher (Collegiate Professional) License - a
five-year, renewable teaching license available to an individual who has
satisfied all requirements for licensure, including an earned baccalaureate
degree from a regionally accredited college or university, endorsement and
professional studies requirements, and [ passed ] the
professional teacher's assessments prescribed by the Virginia Board of
Education, or
(3) Online Teacher (Technical Professional) License - a
five-year, renewable teaching license available to an individual who has
graduated from [ a public or ] an accredited
[ nonpublic ] high school or possesses a [ General
Educational Development Certificate Virginia Board of
Education-approved high school equivalency credential ]; has
exhibited academic proficiency, technical competency, and occupational
experience; and meets the requirements specified in subdivision 4 of this
subsection. An individual seeking an Online Teacher (Technical Professional)
License [ must shall ] be recommended for
the license by a Virginia public school, a Virginia accredited nonpublic school,
or an accredited virtual school program.
c. A nonrenewable Online Teacher (Provisional) License may
be issued for a period not to exceed three years to an individual who has
allowable deficiencies for full licensure as set forth in 8VAC20-23-90 B. The
Online (Provisional) License will be issued for [ two
three ] years. [ Individuals may apply for a third
year on the Online (Provisional) License by submitting documentation indicating
that all licensure assessments prescribed by the Virginia Board of Education
have been taken. ] The individual [ must
shall ] have a minimum of an [ undergraduate
earned baccalaureate ] degree from a regionally accredited college
or university, with the exception of those individuals seeking the Technical
Professional License. Individuals [ must shall ]
complete all requirements for a renewable Online Teacher License within the
validity period of the license.
10. Teach For America License. The Teach For America
License is a two-year provisional license.
a. This provisional license is available to any participant
in Teach For America, a nationwide nonprofit organization focused on closing
the achievement gaps between students in high-income and low-income areas, who
submits an application and meets the following requirements:
(1) Holds, at minimum, a baccalaureate degree from a
regionally accredited institution of higher education;
(2) Has met the requirements prescribed by the Virginia
Board of Education for all endorsements sought or has met the qualifying scores
on the content area assessment prescribed by the board for the endorsements
sought;
(3) Possesses good moral character according to criteria
developed by the Virginia Board of Education;
(4) Has been offered and has accepted placement in Teach
For America;
(5) Has successfully completed preservice training and is
participating in the professional development requirements of Teach For
America, including teaching frameworks, curricula, lesson planning,
instructional delivery, classroom management, assessment and evaluation of
student progress, classroom diversity, and literacy development;
(6) Has an offer of employment from a local school board to
teach in a public elementary or secondary school in the Commonwealth or a
preschool program that receives state funds pursuant to subsection C of
§ 22.1-199.1 of the Code of Virginia; and
(7) Receives a recommendation from the employing school
division for a Teach For America License in the endorsement area in which the
individual seeks to be licensed.
b. In addition to the criteria set forth in subdivision 10
a of of this subsection, any individual who seeks an endorsement in early
childhood, early/primary, or elementary education shall either (i) agree to
complete such coursework in the teaching of [ reading
language and literacy ] as may be prescribed by the Virginia Board
of Education pursuant to 8VAC20-23-130 during the first year of employment or
(ii) achieve a passing score on a reading instructional assessment prescribed
by the Virginia Board of Education.
c. Teachers issued a Teach For America provisional license
shall not be eligible for continuing contract status while employed under the
authority of a Teach For America license and shall be subject to the
probationary terms of employment specified in § 22.1-303 of the Code of
Virginia.
d. The Virginia Board of Education may extend any Teach For
America License for one additional year upon request of the employing school
division, provided that no Teach For America License shall exceed a total of
three years in length.
e. Notwithstanding any provision of law to the contrary,
upon completion of at least two years of full-time teaching experience in a
public elementary or secondary school in the Commonwealth or a preschool
program that receives state funds pursuant to subsection C of § 22.1-199.1
of the Code of Virginia, an individual holding a Teach For America License
shall be eligible to receive a renewable license if he has (i) achieved
satisfactory scores on all professional teacher assessments required by the
Virginia Board of Education and (ii) received satisfactory evaluations at the
conclusion of each year of employment.
f. Notwithstanding any provision of law to the contrary,
the Virginia Board of Education shall issue a Teach For America License to any
individual who (i) has completed two years of successful teaching in the Teach
For America program in another state, (ii) is not eligible to receive a
renewable license, and (iii) meets the criteria set forth in subdivision 10 a
of this subsection.
B. All licenses will be effective from July 1 in the
school year in which the application is made. An employing Virginia public
school division, agency, or accredited nonpublic school is required to notify
employees in writing at the time of employment of the need to meet appropriate
assessment requirements for licensure.
8VAC20-23-60. Designations on licenses for career paths to
teaching.
A. Designations on licenses will reflect stages in the
professional development of teachers and promote continuing growth and career
paths as educators.
B. Teaching licenses may be issued with one of the
following designations, and the designation will be processed as an add-on
endorsement. These designations will not apply to the Division Superintendent
License, School Manager License, International Educator License, or Pupil
Personnel Services License.
1. Career Teacher: This voluntary teacher designation will
be issued on a renewable teaching license for individuals who have gained
continuing contract status in Virginia and who apply for the Career Teacher
designation.
2. Mentor Teacher: This voluntary teacher designation will
be issued on a renewable teaching license for individuals who have (i) achieved
the Career Teacher designation, (ii) received a recommendation for the
designation from an employing Virginia school division superintendent or
designee or accredited nonpublic school head, (iii) served at least three years
as a mentor teacher in Virginia, (iv) documented responsibilities as a mentor,
and (v) completed a local or state mentor teacher training program in
accordance with the Virginia Board of Education requirements for mentor
teachers in the [ Virgnia Virginia ] Board
of Education Mentor Teacher Guidelines [ (http://www.doe.virginia.gov/teaching/career_resources/mentor/program_creation_guidelines.pdf) ].
3. Teacher as Leader: This voluntary teacher designation
will be issued on a renewable teaching license for individuals who have (i)
achieved the Career Teacher designation; (ii) completed at least five years of
successful, full-time teaching experience in a Virginia public school or
accredited nonpublic school; (iii) received [ the a ]
recommendation from an employing Virginia school division superintendent or
designee or an accredited nonpublic school head; (iv) and completed one of the
following:
a. National Board Certification or a nationally recognized
certification program approved by the Virginia Board of Education and a
recommendation from an employing Virginia school division superintendent or
designee or accredited nonpublic school head and documentation [ , ]
in an approved [ Virginia ] Department of Education
format [ , ] verifying the individual's demonstrated
skills and abilities as a school leader and direct contributions to school
effectiveness and student achievement; or
b. A recommendation from an employing Virginia school
division superintendent or designee or accredited nonpublic school head and
documentation [ , ] in an approved [ Virginia ]
Department of Education format [ , ] verifying the
individual's demonstrated skills and abilities as a school leader and direct
contributions to school effectiveness and student achievement.
8VAC20-23-70. Additional endorsements.
A. An individual who holds a teaching license may add an
additional teaching endorsement to the license by passing a rigorous academic
subject test for endorsements in which a test is prescribed by the Virginia
Board of Education. This testing option does not apply to individuals (i) who
are seeking an early/primary education preK-3 or elementary education preK-6
endorsement, special education endorsements, or a reading specialist
endorsement or (ii) who hold a Technical Professional License, Vocational
Evaluator License, Pupil Personnel Services License, School Manager License, or
Division Superintendent License.
B. One or more endorsements may be added to a license
[ , ] provided [ that ] specific
endorsement requirements have been met. Written requests may be made by the
licensed professional and should be directed to the Virginia employing
educational agency [ (if the individual has such employment) ]
or college or university. If the request is not acted upon by the local
educational agency or college or university within 30 days or is disputed, the
license holder may make a written request for an additional endorsement
directly to the Office of Professional Licensure, Virginia Department of
Education. Written requests should be submitted by January 15 to be in effect
by July 1 of the same [ calendar ] year.
8VAC20-23-80. Deletion of an endorsement.
An endorsement may be deleted from a license at the
request of the licensed professional. Written requests are made by the licensed
professional and should be directed to the employing educational agency. If the
request is not acted upon by the local educational agency within 30 days or is
disputed, the license holder may make a written request for the deletion of an
endorsement directly to the Office of Professional Licensure, Virginia
Department of Education. Written requests should be submitted by January 15 to
be in effect on July 1 of that [ calendar ] year.
Individuals who wish to add an endorsement that has been deleted [ must
shall ] meet requirements for that endorsement at the time it is
requested.
8VAC20-23-90. Alternate routes to licensure.
A. Career switcher alternate route to licensure for career
[ professions professionals ] - Provisional
(Career Switcher) License. An alternate route is available to career switchers
who seek teaching endorsements preK through grade 12 with the exception of
special education.
1. An individual seeking a Provisional (Career Switcher)
License through the career switcher program [ must
shall ] meet the following prerequisite requirements:
a. An application process;
b. An earned baccalaureate degree from a regionally
accredited college or university;
c. The completion of requirements for an endorsement in a
teaching area or the equivalent through verifiable experience or academic
study;
d. At least [ five three ]
years of [ successful ] full-time work experience or
its equivalent; and
e. Virginia qualifying scores on the professional teacher's
assessments as prescribed by the Virginia Board of Education.
2. The Provisional (Career Switcher) License is awarded at
the end of Level I preparation [ for an initial validity period of
one school year ]. All components of the career switcher alternate
route for career [ professions must professionals
shall ] be completed by the candidate.
3. The Level I requirements [ must
shall ] be completed during the course of a single year and may be
offered through a variety of delivery systems, including distance learning
programs. If an employing agency recommends extending the Provisional (Career
Switcher) License for a second year, the candidate will enter Level III of the
program. Career switcher programs [ must be certified
shall submit program documentation as set forth by the Virginia Department of
Education for review and be certified every seven years ] by the
Virginia Department of Education.
a. Level I preparation. Intensive Level I preparation
includes a minimum of 180 clock hours of instruction, including field
experience. This phase includes [ , but is not limited to,
human development and learning; ] curriculum and instruction,
including technology [ , reading, and other; language
and literacy; ] specific course content relating to the [ Virginia ]
Standards of Learning; [ differentiation of instruction
foundations of education and the teaching profession ]; classroom
and behavior management; [ instructional design based on
assessment data; and human development and learning and assessment
of and for learning ].
b. Level II preparation during first year of employment.
(1) Candidate seeks employment in Virginia with the
one-year Provisional (Career Switcher) License.
(2) Continued Level II preparation during the first year of
employment with a minimum of five seminars that expand the intensive
preparation requirements listed in subdivision 3 a of this subsection. The five
seminars will include a minimum of 20 cumulative instructional hours. A variety
of instructional delivery techniques will be utilized to implement the
seminars.
(3) One year of successful, full-time teaching experience
in a Virginia public or accredited nonpublic school under a one-year
Provisional (Career Switcher) License. A trained mentor [ must
shall ] be assigned to assist the candidate during the first year
of employment. Responsibilities of the mentor include [ , but
are not limited to, ] the following:
(a) Collaborate with the beginning teacher in the
development and implementation of an individualized professional development
plan;
(b) Observe, assess, coach, and provide opportunities for
constructive feedback, including strategies for self-reflection;
(c) Share resources and materials;
(d) Share best instructional, assessment, and
organizational practices; classroom and behavior management strategies; and
techniques for promoting [ varied and ] effective
[ methods of ] communication [ with and among
students ]; and
(e) Provide general support and direction regarding school
policies and procedures.
(4) Upon [ successful ] completion
of [ the ] Levels I and II [ preparation
requirements ] of the career switcher alternate route to licensure
program and submission of a recommendation from the [ employing ]
Virginia educational [ employing ] agency,
the candidate will be eligible to apply for a five-year, renewable license.
Renewal requirements for the regular license will be subject to current
regulations of the Virginia Board of Education.
c. Level III preparation, if required.
(1) Post preparation, if required, will be conducted by the
[ employing ] Virginia [ employing ]
educational agency to address the areas where improvement is needed as
identified in the candidate's professional improvement plan; and
(2) Upon [ successful ] completion
of Levels I, II, and [ , if required, Level ] III of
the career switcher alternate route to licensure program and submission of a
recommendation from the [ employing ] Virginia
educational [ employing ] agency, the candidate
will be eligible to receive a five-year renewable license.
4. Verification of program completion will be documented by
the certified program provider and the division superintendent or designee.
5. Certified providers implementing a career switcher
program may charge a fee for participation in the program.
B. An alternate route is available to individuals employed
by [ an a Virginia ] educational agency
who seek teaching endorsements preK through grade 12. The employing Virginia
educational agency may request a nonrenewable Provisional License on behalf of
the individual if the individual has completed an allowable portion of
professional studies and endorsement requirements. [ An employed
teacher may demonstrate meeting the teaching endorsement requirements by
passing a rigorous academic subject test for endorsements in which a test is
prescribed by the Virginia Board of Education. This testing option does not
apply to individuals (i) who are seeking an early/primary education preK-3 or
elementary education preK-6 endorsement, special education endorsements, or a
reading specialist endorsement or (ii) who hold a Technical Professional
License, Vocational Evaluator License, Pupil Personnel Services License, School
Manager License, or Division Superintendent License. ] This route
[ is ] also [ applicable
is available ] to individuals who are employed by a Virginia public
school, a Virginia accredited nonpublic school, or an accredited virtual school
or program and who are seeking the Online Teacher License that is issued to
teachers who teach only online courses. The Provisional License will be issued
for [ two a validity period not to exceed three ]
years. [ Individuals may apply for a third year on the
Provisional License by submitting documentation indicating that all licensure
assessments prescribed by the Virginia Board of Education have been taken. ]
The Provisional License is a nonrenewable teaching license valid for a
period not to exceed three years. Individuals [ must
shall ] complete all licensure requirements to become eligible for
the five-year, renewable license.
1. An individual seeking a license through this alternate
route [ must shall ] have met the
following requirements:
a. Entered the teaching field through the alternate route
to licensure upon the recommendation of the [ employing ] Virginia
[ employing ] educational agency. For the Online
Teacher Provisional License, individuals [ must shall ]
be employed by a Virginia public school division, a Virginia accredited
nonpublic school, or an accredited virtual school or program;
b. Earned a baccalaureate degree from a regionally
accredited college or university with the exception of individuals seeking the
Technical Professional License;
c. Have met requirements for the endorsement area; and
d. Need to complete an allowable portion of professional
studies and licensure requirements.
2. The professional studies requirements for the
appropriate level of endorsement sought [ must shall ]
be completed. A Virginia educational agency may submit to the Superintendent
of Public Instruction for approval an alternate program to meet the
professional studies requirements. The alternate program [ must
shall ] include training [ (e.g., such as ]
seminar, internship, [ or ] coursework [ ,
etc.) ] in human development and learning; curriculum and
instruction, including technology; assessment of and for learning; classroom
and behavior management; [ foundations of education and ] the
teaching profession, including legal status of teachers and students, federal
and state laws, and teacher evaluation as prescribed by [ Virginia's
Guidelines for Uniform Performance Standards and Evaluation Criteria for
Teachers the Virginia Board of Education's guidelines for
performance standards and evaluation criteria established pursuant to § 22.1-253.13:5
B of the Code of Virginia ] and [ reading
language and literacy ].
3. One year of successful, full-time teaching experience in
the appropriate teaching area in a Virginia public or an accredited nonpublic
school [ must shall ] be completed. For
the Online Teacher License only, one year of successful online teaching
experience in the endorsement area in a public school division, an accredited
nonpublic school, or an accredited virtual school or program may be accepted in
lieu of the supervised teaching experience. A fully licensed experienced
teacher [ must shall ] be available in
the school building to assist the beginning teacher employed through the
alternate route.
C. Alternate route in special education. The Provisional
(Special Education) License is a nonrenewable teaching license issued
[ for a validity period not to exceed three years ] to an
individual employed as a special education teacher in a public school or a
nonpublic [ special education ] school in
Virginia who does not hold the appropriate special education endorsement. The
Provisional (Special Education) License will be issued [ for two
years. Individuals may apply for a third year on the Provisional License by
submitting documentation indicating that all licensure assessments prescribed
by the Virginia Board of Education have been taken only with
endorsements in special education ]. The Provisional License is a
nonrenewable teaching license valid for a period not to exceed three years.
This alternate route to special education [ endorsement ] is
not applicable to individuals seeking the Online Teacher License. To be issued
the Provisional (Special Education) License through this alternate route, an
individual [ must meet the requirements through one of the two
following options shall ]:
1. [ Option I. The individual must hold a
full, valid Collegiate Professional or Postgraduate Professional License and
must: a. ] Be employed by a Virginia public or [ accredited ]
nonpublic school as a special [ educator education
teacher ] and have the recommendation of the employing educational
agency;
[ b. 2. ] Have earned a
baccalaureate degree from a regionally accredited college or university;
[ c. 3. ] Have an assigned
mentor with an active Virginia teaching license with an endorsement in special
education; and
[ d. 4. ] Have a planned
program of study in the assigned endorsement area, make progress toward meeting
the endorsement requirements each of the three years of the license, and have
completed at least three semester hours of coursework in the competencies of
foundations for educating students with disabilities and [ have ]
an understanding and application of the legal aspects and regulatory
requirements associated with identification, education, and evaluation of
students with disabilities. A survey course integrating these competencies
would satisfy this requirement.
The Provisional (Special Education) License [ issued ]
through this alternate route shall not be issued without the completion of
these prerequisites.
[ 2. Option II. The individual must:
a. Be employed by a Virginia public or nonpublic school
as a special educator and have the recommendation of the employing educational
agency;
b. Have earned a baccalaureate degree from a regionally
accredited college or university;
c. Have an assigned mentor endorsed in special
education; and
d. Have a planned program of study in the assigned
endorsement area, make progress toward meeting the endorsement requirements
each of the three years of the license, and have completed nine semester hours
including courses in the following: characteristics of students with
disabilities, individualized education program implementation, and classroom
and behavior management.
The Provisional (Special Education) License through this
alternate route shall not be issued without the completion of these prerequisites. ]
D. Alternate programs at institutions of higher education
or Virginia school divisions. Alternate programs developed by institutions of
higher education (i) recognize the unique strengths of prospective teachers
from nontraditional backgrounds and (ii) prepare these individuals to meet the
same standards that are established for others who are granted a license
through an alternate route.
E. Experiential learning. Individuals applying for an
initial teaching license through the alternate route as prescribed by the
Virginia Board of Education [ must shall ] meet
the following criteria to be eligible to request [ that ] experiential
learning [ to ] satisfy the coursework for the
endorsement (teaching) content area:
1. Have earned a baccalaureate degree from a regionally
accredited college or university;
2. Have at least [ five three ]
years of documented [ successful ] full-time work
experience that may include specialized training related to the endorsement
sought; and
3. Have met the [ Virginia ] qualifying
score on the content knowledge assessment prescribed by the Virginia Board of
Education.
Experiential learning does not apply to individuals
seeking special education and [ elementary education (i.e., ]
preK-3 and preK-6 [ ) ] endorsements or
endorsements in which there is no Virginia Board of Education [ - ]
prescribed content or subject assessment.
8VAC20-23-100. Conditions for licensure for out-of-state
candidates by reciprocity.
A. An individual coming into Virginia from any state may
qualify for a Virginia teaching license with comparable endorsement areas if
the individual (i) has completed a state-approved teacher preparation program
through a regionally accredited four-year college or university or (ii) holds a
valid out-of-state teaching license [ (i.e., full
(full ] credential without deficiencies) that [ must
shall ] be in force at the time the application for a Virginia
license is made. [ An individual shall meet licensure requirements
set forth in the Code of Virginia. ] An individual seeking
licensure [ must shall ] establish a file
in the [ Virginia ] Department of Education by
submitting a complete application packet that includes official student
transcripts. Unless exempted by the criteria in subsection C of this section,
professional teacher's [ assessments assessment
requirements ] prescribed by the Virginia Board of Education
[ must shall ] be satisfied.
B. An individual coming into Virginia will qualify for a
Virginia teaching license with comparable endorsement areas if the individual
holds an active national certification from the National Board for Professional
Teaching Standards (NBPTS) or a nationally recognized certification program
approved by the Virginia Board of Education.
C. Individuals who hold a valid out-of-state license
[ (i.e., full (full ] credential without
deficiencies) and who have completed a minimum of three years of full-time,
successful teaching experience in a public or an accredited nonpublic school,
kindergarten through grade 12, outside of Virginia are exempt from the
professional teacher's assessment requirements. Documentation [ must
shall ] be submitted to verify the school's status as a public or
accredited nonpublic school.
8VAC20-23-110. Requirements for renewing a license.
A. The Division Superintendent, Postgraduate Professional,
Collegiate Professional, Technical Professional, Pupil Personnel Services,
Online Teacher, and School Manager Licenses may be renewed upon the completion
of 180 professional development points within a five-year validity period based
on an individualized professional development plan that includes ongoing,
sustained, and high-quality professional development. [ Every
person seeking renewal of a license shall complete all renewal requirements,
including professional development in a manner prescribed by the Virginia Board
of Education, except that no person seeking renewal of a license shall be
required to satisfy any such requirement by completing coursework and earning
credit at an institution of higher education. ]
B. An individual [ who holds an expired
license must seeking renewal shall ] submit a completed
licensure application at the time a [ licensure ] renewal
request is submitted.
[ C. Virginia public school divisions and public
education agencies must report annually to the Virginia Department of Education
that instructional personnel have completed high-quality professional
development each year as set forth by the Virginia Department of Education.
D. C. ] Any individual licensed
and endorsed to teach (i) middle school civics or economics or (ii) high school
government or history who is seeking renewal of such license is required to
demonstrate knowledge of Virginia history or state and local government by
completing a module or professional development course specifically related to
Virginia history or state and local government that has a value of five
professional development points. [ This requirement applies for
purposes of the individual's next or initial renewal occurring after July 1,
2014.
E. If the requirement has not been met for initial
licensure or licensure renewal, individuals D. Every person ]
seeking renewal of a license shall provide evidence of completion of
certification or training in emergency first aid, cardiopulmonary
resuscitation, and the use of automated external defibrillators. The
certification or training program shall be based on the current national
evidence-based emergency cardiovascular care guidelines for cardiopulmonary
resuscitation and the use of an automated external defibrillator, such as a
program developed by the American Heart Association or the American Red Cross.
The Virginia Board of Education shall provide a waiver for this requirement for
any person with a disability whose disability prohibits such person from completing
the certification or training.
[ F. E. Every person seeking renewal of
a license shall demonstrate proficiency in the use of educational technology
for instruction.
F. Every person seeking renewal of a license shall
complete awareness training, provided by the Virginia Department of Education,
on the indicators of dyslexia, as that term is defined by the Virginia Board of
Education pursuant to regulations, and the evidence-based interventions and
accommodations for dyslexia.
G. Training in instructional methods tailored to promote
academic progress and effective preparation for the Virginia Standards of
Learning tests and end-of-grade assessments is required for licensure renewal.
H. Every person seeking renewal or initial license shall
complete a 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.
I. When provided by the state, individuals shall complete
other professional development activities prescribed by the Virginia Board of
Education.
J. ] Professional development points may be
accrued by the completion of professional development activities to improve and
increase instructional personnel's knowledge of the academic subjects the
teachers teach or the area assigned from one or more of the following eight
options.
1. College credit. Acceptable coursework offers content
that provides new information and is offered on campus, off campus, or through
extension by any regionally accredited two-year or four-year college or
university. College coursework [ must shall ]
develop further experiences in subject content taught, teaching strategies,
uses of technologies, leadership, and other essential elements in teaching to
high standards and increasing student learning. [ Instructional
personnel must complete coursework to improve and increase the knowledge of the
academic subjects or endorsement areas in which they are assigned. Individuals
who do not hold a graduate degree must refer to subsection G of this section.
No person seeking renewal of a license shall be required to complete coursework
and earn credit at an institution of higher learning. ]
2. Professional conference. A professional conference is a
workshop, institute, or seminar of four or more hours that contributes to
ongoing, sustained, and high-quality professional development.
3. Curriculum development. Curriculum development is a
group activity in which the license holder contributes to the improvement of
the curriculum of a school, a school division, or an [ education
educational ] institution in the teaching area assigned. This
includes the alignment of curriculum frameworks, instructional materials, and
assessments to provide a system with clear expectations of what is to be taught
and learned.
4. Publication of article. The article [ must
shall ] contribute to the education profession or to the body of
knowledge of the license holder's teaching area or instructional position.
[ This article shall be published in a recognized professional journal. ]
Grant reports that present the results of educational research are
acceptable provided the license holder had an active role in planning,
analyzing, interpreting, demonstrating, disseminating, or evaluating the study
or innovation. [ The article must be published in a recognized
professional journal. ]
5. Publication of book. Books [ must
shall ] be published for purchase and [ must
shall ] contribute to the education profession or to the body of
knowledge of the license holder's teaching area or instructional position. The
published book [ must shall ] increase
the field of content knowledge; [ provide information on ]
planning and assessment for evaluating and providing students with feedback
that encourages student progress and measures student achievement; [ reference ]
instruction, safety, and learning environment; [ expand upon ]
and communication and community relations working with students, parents,
and members of the community to promote broad support for student learning.
Points will not be awarded for self-published books.
6. Mentorship. Mentoring is the process by which an
experienced professional who has received mentorship training provides
assistance to one or more persons for the purpose of improving their
performance. Assistance may involve role modeling, direct instruction,
demonstration, observation with feedback, developing of plans, and consultation
to promote instructional excellence and increased student achievement.
Mentoring may include the supervision of a field experience of a pre-service
student teacher or an intern in an approved teacher or principal preparation
program, as well as mentoring as part of the induction process for a beginning
teacher or a first-year administrator. Individuals serving in this role and
submitting documentation for license renewal based on the mentorship option
shall receive training as a mentor prior to the assignment and at least once
during the five-year renewal cycle.
7. Educational project. Educational projects [ must
shall ] be planned, focused projects based on high standards of
teaching and learning. Projects [ must shall ]
result in a written report or other tangible product. Projects [ must
shall ] contribute to the education profession or to the body of
knowledge of the license holder's teaching area or instructional position. A
project could include participation in new professional responsibilities, such
as leading a school improvement initiative.
8. Professional development activity. Professional
development activities [ must shall ] focus
on student learning and achievement, schoolwide educational improvement,
leadership, subject content, teaching strategies, and use of technologies
[ and or ] other essential elements in
teaching to high standards. Activities [ must shall ]
be planned, rigorous, systematic, and promote continuous inquiry and
reflection. Local employing educational agencies are encouraged to design
professional development activities that are conducted in school settings and
linked to student learning and achievement.
[ G. A minimum of 90 points (i.e., three semester
hours in a content area) at the undergraduate (i.e., two-year or four-year
institution) or graduate level earned from a regionally accredited college or
university in the license holder's endorsement areas shall be required of
license holders without a master's degree. With prior approval, exceptions to
the content course requirement may be made by the division superintendent or
principal. Special education coursework designed to assist classroom teachers
and other school personnel in working with students with disabilities, a course
in gifted education, a course in educational technology, or a course in English
as a second language may be completed to satisfy the content course
requirement. Professional development activities designed to support the
Virginia Standards of Learning, Standards of Accreditation, and state
assessments may be accepted in lieu of the content course. An individual
without a master's degree who holds a renewable Online Teacher License may
complete pedagogy of online instruction coursework to meet this requirement.
The substance of the activities must clearly support these initiatives and
address one or more of the following areas: (i) new content knowledge to
implement the Virginia Standards of Learning, (ii) curriculum development
initiative designed to translate the standards from standards to classroom
objectives, (iii) teaching beginning reading skills including phonemic
awareness and the structure of language (i.e., phonics), (iv) staff development
activities in assessment to assist classroom teachers in the utilization of
test results to improve classroom instruction, and (v) professional development
designed to implement the technology standards in the schools. Technical
Professional License holders without baccalaureate degrees may satisfy the
requirement through career and technical education workshops, career and
technical education institutes, or through undergraduate coursework at two-year
or four-year institutions.
H. Content area courses are courses at the
undergraduate level (i.e., two-year or four-year institution) or at the
graduate level that will not duplicate previous courses taken in the
humanities, English, history and social sciences, sciences, mathematics, health
and physical education, and fine arts. These courses are usually available
through the college of or department of arts and sciences. License holders with
elementary education, middle education, special education, or reading
endorsements must satisfy the 90-point requirement through reading coursework
or content coursework in one of the areas listed in this subsection. Courses
available through a regionally accredited college's or university's department
of education may be used to satisfy the content requirement for those license
holders with endorsements in health and physical education, career and
technical education, and library science education.
I. With prior approval of the division superintendent
or principal, the 90 points in a content area also may be satisfied through
coursework taken to obtain a new teaching endorsement or coursework taken
because of a particular need of a particular teacher. ]
[ J. K. ] The [ remaining
90 180 ] points may be accrued by activities drawn from
one or more of the eight renewal options. Renewal work is designed to provide
licensed personnel with opportunities for professional development relative to
the grade levels or teaching fields to which they are assigned or for which
they seek an added endorsement. Such professional development encompasses (i)
responsible remediation of any area of an individual's knowledge or skills that
fails to meet the standards of competency and (ii) responsible efforts to
increase the individual's knowledge of new developments in his field and to
respond to new curricular demands within the individual's area of professional
competence.
[ K. L. ] The proposed work
toward renewal in certain options [ must shall ]
be approved in advance by the chief executive officer or designee of the
employing educational agency. Persons who are not employed by an educational
agency may renew [ or reinstate ] their license
by submitting to the Office of Professional Licensure, [ Virginia ]
Department of Education, [ their a renewal
application, fee, the ] individualized renewal record [ , ]
and verification of [ points the completion of all
renewal requirements ], including official student transcripts of
coursework taken at a regionally accredited two-year or four-year college or
university.
[ L. Accrual of professional development points
shall be determined by criteria set forth by the Virginia Department of
Education in the Virginia Renewal Manual (http://doe.virginia.gov/teaching/licensure/licensure_renewal_manual.pdf).
M . Persons seeking license renewal as teachers must
demonstrate proficiency in the use of educational technology for instruction.
N. M. ] Virginia school
divisions and [ accredited ] nonpublic schools
[ will shall ] recommend renewal of licenses
using the renewal point system. [ The renewal recommendation
must include verification of demonstrated proficiency in the use of educational
technology for instruction.
O. Training in instructional methods tailored to
promote academic progress and effective preparation for the Standards of
Learning tests and end-of-grade assessments is required for licensure renewal.
P. If they have not already met the requirement,
persons seeking licensure renewal as teachers must complete study in child
abuse recognition and intervention in accordance with curriculum guidelines
developed by the Virginia Board of Education in consultation with the Virginia
Department of Social Services that are relevant to the specific teacher
licensure routes. ]
Part IV
Licensure Regulations Governing Early/Primary Education, Elementary Education,
and Middle Education Endorsements
8VAC20-23-120. Early/primary education, elementary
education, and middle education endorsements.
Individuals seeking licensure with endorsements in
early/primary education, elementary education, and middle education may meet
requirements through the completion of an approved program [ , ]
or if employed by a Virginia public or [ accredited ] nonpublic
school [ , ] through the alternate route to licensure.
Components of the licensure program include a degree from a regionally
accredited college or university in the liberal arts [ and
or ] sciences, or equivalent; professional teacher's assessments
requirement prescribed by the Virginia Board of Education; specific endorsement
requirements; and professional studies requirements.
8VAC20-23-130. Professional studies requirements [ for
early/primary education, elementary education, and middle education
endorsements ].
Professional studies requirements for early/primary education,
elementary education, and middle education: 21 semester hours. These
requirements may be taught in integrated coursework or modules.
1. Human development and learning (birth through
adolescence): 3 semester hours.
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
cognitive ]- should be incorporated to include skills contributing
to an understanding of developmental disabilities and developmental issues related
to [ , ] 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,; trauma, including child abuse and
neglect and other adverse childhood experiences; ] and family
disruptions.
2. Curriculum and instruction: 3 semester hours.
a. Early/primary education preK-3 or elementary education
preK-6 curriculum and instruction: 3 semester hours.
(1) Skills in this area shall contribute to an
understanding of the principles of learning; the application of skills in
discipline-specific methodology; [ varied and ] effective
[ methods of ] communication with and among students;
selection and use of materials, including media and contemporary technologies;
and 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 shall ] be included.
(3) Instructional practices that are sensitive to
culturally and linguistically diverse learners, including [ limited ]
English [ proficient students learners ],
gifted and talented students, and [ those ] students
with disabilities [ ;, ] and appropriate
for the [ level of endorsement (i.e., ] preK-3
or preK-6 [ ) sought endorsement ] shall
be included.
(4) Teaching methods shall be tailored to promote student
engagement and student academic progress and effective preparation for the
[ Virginia ] 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 engagement ] 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
Virginia Department of Education's ] Office of Humanities and Early
Childhood shall be included.
(6) Early childhood educators [ must
shall ] understand the role of families in child development and in
relation to teaching educational skills.
(7) Early childhood educators [ must
shall ] understand the role of the informal and play-mediated
settings for promoting students' skills and development and [ must
shall ] demonstrate knowledge and skill in interacting in such
situations to promote specific learning outcomes as reflected in Virginia's
Foundation Blocks for Early Learning [ : Comprehensive Standards
for Four-Year-Olds ].
[ (8) ] Demonstrated proficiency in the
use of educational technology for instruction shall be [ included
required ]. [ Persons seeking initial licensure as
teachers and persons seeking licensure renewal as teachers for the first time
shall complete study 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 and training or certification in emergency first
aid, cardiopulmonary resuscitation, and the use of automated external
defibrillators shall be included ].
[ (9) ] Pre-student teaching experiences
[ ( i.e., field (field ] experiences) should
be evident within these skills.
b. Middle education 6-8 curriculum and instruction: 3
semester hours.
(1) Skills in this area shall contribute to an
understanding of the principles of learning; the application of skills in
discipline-specific methodology; [ varied and ] effective
[ methods of ] communication with and among students;
[ and ] selection and use of materials, including
media and contemporary technologies [ ; and evaluation of pupil
performance ].
(2) Understanding of the principles of online learning and
online instructional strategies and the application of skills to deliver online
instruction [ must shall ] be included.
(3) Instructional practices that are sensitive to
culturally and linguistically diverse learners including [ limited ]
English [ proficient students learners ],
gifted and talented students, and students with disabilities, and [ must
shall ] 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
Virginia Standards of Learning assessments.
(5) Study in methods of improving communication between schools
and families, ways of increasing family [ involvement
engagement ] in student learning at home and in school, and
[ family engagement with ] the [ Virginia ]
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 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 and training or
certification in emergency first aid, cardiopulmonary resuscitation, and the
use of automated external defibrillators shall be included ].
[ (7) ] Pre-student teaching experiences
[ (i.e., field (field ] experiences) should
be evident within these skills.
3. Classroom and behavior management: 3 semester hours.
a. 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.
b. This area shall address diverse approaches based upon
[ culturally responsive ] 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 of [ self discipline self-discipline ].
d. Knowledge and an understanding of various school crisis
management and safety plans and the demonstrated ability to create a safe,
orderly classroom environment [ must shall ]
be included.
e. The link between classroom management and students' ages
[ must shall ] be understood and demonstrated
in techniques used in the classroom.
4. Assessment of and for learning: 3 semester hours.
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 shall ]
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
shall ] be included.
c. Skills [ shall ] 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 goal-setting ] as related to
teacher evaluation and determining student academic progress [ must
shall ] be included.
e. Knowledge of legal and ethical aspects of assessment
[ , ] and skills for developing familiarity with
assessments used in preK-12 education [ (e.g. ],
[ such as ] diagnostic, college admission exams, industry
certifications, and placement [ assessments) must
assessment shall ] be included.
5. [ The Foundations of education
and the ] teaching profession: 3 semester hours.
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 shall ]
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
shall ] be included.
c. Professionalism and ethical standards, as well as
personal integrity [ must shall ] be
addressed.
d. Knowledge and understanding of Virginia's Guidelines for
Uniform Performance Standards and Evaluation Criteria for Teachers [ must
shall ] be included.
6. [ Reading Language and
literacy ]: 6 semester hours.
a. Early/primary preK-3 and elementary education preK-6 -
language acquisition and reading and writing: 6 semester hours. Skills listed
for these endorsement areas represent the minimum competencies that a beginning
teacher [ must shall ] 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: 3 semester hours. 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: 3 semester hours. 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
[ and other phonological ] awareness, concept of print,
phonics, fluency, vocabulary development, and comprehension strategies. Writing
shall include writing strategies and conventions as supporting [ the ]
composing and [ writing written ] expression
and usage and mechanics domains. Additional skills shall include proficiency in
understanding the stages of spelling development [ ,
and ] the writing process, as well as the ability to foster
appreciation of a variety of fiction and nonfiction texts and independent
reading.
b. Middle education - language acquisition and reading
development: 3 semester hours and literacy in the content areas: 3 semester
hours.
(1) Language acquisition and reading development: 3
semester hours. Skills in this area shall be designed to impart a thorough
understanding of the complex nature of language acquisition and reading, to
include phonemic [ and other phonological ] 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 texts and independent
reading for adolescent learners.
(2) Literacy in the content areas: 3 semester hours. Skills
in this area shall be designed to impart an understanding of vocabulary
development and comprehension skills in 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 texts and
independent reading for adolescent readers.
7. Supervised clinical [ experience
experiences ]. Supervised clinical experiences shall be continuous
and systematic and comprised of early field experiences and a minimum of 10
weeks of [ successful ] full-time student teaching
[ in the endorsement area sought ] 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 [ in
a public or accredited nonpublic school ]. One year of successful
full-time teaching experience in the endorsement area in a public or accredited
nonpublic school may be accepted in lieu of the supervised teaching experience.
For the Online Teacher License only, one year of successful online teaching
experience in the endorsement area in a public school, an accredited nonpublic
school, or an accredited virtual school or program may be accepted in lieu of
the supervised teaching experience. A fully licensed, experienced teacher shall
be available in the school building to assist a beginning teacher employed
through the alternate route.
8VAC20-23-140. Early childhood for three-year-olds and
four-year-olds (add-on endorsement).
Endorsement requirements. The candidate [ must
shall ] have:
1. An earned baccalaureate degree from a regionally
accredited college or university and hold a license issued by the Virginia
Board of Education with an endorsement in elementary education [ (such,
such ] as preK-3 or [ preK-6) preK-6, ]
or special education early childhood;
2. Completed 9 semester hours of graduate-level coursework
in early childhood education; and
3. Completed a supervised practicum of at least 45
instructional hours in a preschool setting [ (i.e., three-year-olds
(three-year-olds ] and four-year-olds) in a public school, an
accredited nonpublic school, or another program approved by the Virginia Board
of Education. One year of successful, full-time teaching experience in a public
or accredited nonpublic school may be accepted in lieu of the practicum.
4. The add-on endorsement to an elementary endorsement that
includes preK is not required to teach preK [ (i.e., three-year-olds
(three-year-olds ] and four-year-olds), but the endorsement
recognizes the candidate's additional preparation in early childhood education.
8VAC20-23-150. Early/primary education preK-3.
Endorsement requirements.
1. The candidate must have graduated from an approved
teacher preparation program in early/primary education preK-3; or
2. The candidate for the early/primary education preK-3
endorsement must have earned a baccalaureate degree from a regionally
accredited college or university in the liberal arts [ and
or ] sciences, or equivalent, and completed coursework that covers the
early/primary education preK-3 competencies and [ fulfills
meets ] the following [ 51 ] semester-hour
requirements:
a. English [ (must (shall ]
include composition, oral communication, and literature): 12 semester hours;
or complete 6 semester hours in English and pass a rigorous elementary subject
test prescribed by the Virginia Board of Education;
b. Mathematics [ (must (shall ]
include algebra, geometry, probability and statistics, and methods in
teaching elementary mathematics): 12 semester hours; or complete 6 semester
hours in mathematics, complete a methods in teaching elementary mathematics
course (3 semester hours), and pass a rigorous elementary subject test
prescribed by the Virginia Board of Education;
c. Laboratory sciences: 12 semester hours (in at least two
science disciplines and methods in teaching elementary science); or complete 6
semester hours in laboratory science (in two science disciplines), complete a
methods in teaching elementary science course (3 semester hours), and pass a rigorous
elementary subject test prescribed by the Virginia Board of Education;
d. History [ (must (shall ]
include American history and world history): 6 semester hours, and Social
Science [ (must (shall ] include
geography and economics): 6 semester hours; or complete 3 semester hours in
history, complete 3 semester hours in social science (geography or economics),
[ complete a methods in teaching elementary history and social sciences
course (3 semester hours), ] and pass a rigorous elementary subject
test prescribed by the Virginia Board of Education; and
e. Arts: 3 semester hours.
8VAC20-23-160. Elementary education preK-6.
Endorsement requirements.
1. The candidate shall have graduated from an approved
teacher preparation program in elementary education preK-6; or
2. The candidate for the elementary education preK-6
endorsement [ must shall ] have earned a
baccalaureate degree from a regionally accredited college or university
majoring in the liberal arts [ and or ] sciences
(or equivalent) and [ fulfill meet ] the
following [ 57 ] semester-hour requirements:
a. English [ (must (shall ]
include composition, oral communication, and literature): 12 semester hours;
or complete 6 semester hours in English and pass a rigorous elementary subject
test prescribed by the Virginia Board of Education;
b. Mathematics [ (must (shall ]
include algebra, geometry, probability and statistics, and teaching
elementary mathematics): 15 semester hours; or complete 6 hours in mathematics,
complete a methods in teaching elementary mathematics course (3 semester
hours), and pass a rigorous elementary subject test prescribed by the Virginia
Board of Education;
c. [ Science (including a laboratory course)
Laboratory sciences ]: 15 semester hours in at least three science
disciplines and at least a three credit science methods course; or complete
[ 6 9 ] semester hours (in two science
disciplines), complete a methods in teaching elementary science course (3
semester hours), and pass a rigorous elementary subject test prescribed by the
Virginia Board of Education;
d. History [ (must (shall ]
include American history and world history): 6 semester hours, and Social
Science [ (must (shall ] include
geography and economics): 6 semester hours; or complete 3 semester hours in
history, complete 3 semester hours in social science (geography or economics),
[ complete a methods in teaching elementary history and social sciences
course (3 semester hours), ] and pass a rigorous elementary subject
test prescribed by the Virginia Board of Education; and
e. Arts: 3 semester hours.
8VAC20-23-170. Middle education 6-8.
Endorsement requirements.
1. The candidate [ must shall ]
have graduated from an approved teacher preparation discipline-specific
program in middle education 6-8 with at least one area of academic preparation
from the areas of English, mathematics, science, and history and social
sciences; or
2. An applicant seeking the middle education 6-8
endorsement [ must shall ] have earned a
baccalaureate degree from a regionally accredited college or university in the
liberal arts [ and or ] sciences, or
equivalent; and completed the minimum number of semester hours, as indicated,
in at least one area of academic preparation [ (i.e.,
concentration) (concentration) ] that will be
listed on the license. The applicant will be restricted to teaching only in the
area or areas of concentration listed on the teaching license.
a. English. English concentration [ (must
(shall ] include coursework in language, [ for
example such as ] history, structure, grammar, fiction
and nonfiction texts, media literacy, advanced composition, and interpersonal
communication or speech): 21 semester hours.
b. Mathematics. Mathematics concentration [ (must
(shall ] include coursework in algebra, geometry, probability and
statistics, applications of mathematics, and methods of teaching mathematics to
include middle school mathematics content): 24 semester hours.
c. [ Science. Science Laboratory
sciences. Laboratory sciences ] concentration [ (must
(shall ] include courses in each of the following: biology,
chemistry, physics, and Earth and space science; and a laboratory course is
required in [ two each ] of the four
areas): [ 21 24 ] semester hours.
d. History and social sciences. History and social sciences
concentration [ (must (shall ] include a
course in American history; world history; economics; American government,
including state and local government; and geography): 21 semester hours.
Part V
Licensure Regulations Governing PreK-12 [ Endorsements ],
Special Education, Secondary Grades 6-12 [ Endorsements ],
and Adult Education [ Endorsements ]
8VAC20-23-180. PreK-12 [ endorsements ],
special education, secondary grades 6-12 [ endorsements ],
and adult education [ endorsements ].
Individuals seeking licensure with preK-12 [ endorsements ],
special education, secondary grades 6-12 [ endorsements ],
or adult education [ endorsements ] may meet
requirements through the completion of an approved program [ , ]
or if employed by a Virginia public or [ accredited ] nonpublic
school [ , ] through the alternate route to licensure.
Components of the licensure program include a degree from a regionally
accredited college or university in the liberal arts [ and
or ] sciences, or equivalent; professional teacher's assessment
requirements prescribed by the Virginia Board of Education; specific
endorsement requirements; and professional studies requirements.
8VAC20-23-190. Professional studies requirements [ for
PreK-12, special education, secondary grades 6-12, and adult education
endorsements ].
Professional studies requirements for [ adult
education, ] preK-12 [ endorsements, and, ]
secondary grades 6-12 [ endorsements, and adult
education endorsements ]: 18 semester hours. Professional studies
requirements for special education [ endorsements ]: 21
semester hours. These requirements may be taught in integrated coursework or
modules.
1. Human development and learning (birth through
adolescence): 3 semester hours.
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
cognitive ] - should be incorporated to include skills contributing
to an understanding of developmental disabilities and developmental issues
related to [ , ] 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,; trauma, including child abuse and
neglect and other adverse childhood experiences; ] and family
disruptions.
2. Curriculum and instruction: 3 semester hours.
a. Skills in this area shall contribute to an understanding
of the principles of learning; the application of skills in discipline-specific
methodology; [ varied and ] effective [ methods
of ] 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 shall ] be included.
c. Instructional practices that are sensitive to culturally
and linguistically diverse learners, including [ limited ]
English [ proficient students learners ];
gifted and talented students and [ those ] 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 Virginia Standards of
Learning assessments.
e. Methods of improving communication between schools and
families, ways of increasing family [ involvement
engagement ] in student learning at home and in school, and
[ family engagement with ] 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 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 and training or
certification in emergency first aid, cardiopulmonary resuscitation, and the
use of automated external defibrillators shall be included ].
[ h. g. ] Curriculum and
instruction for secondary grades 6-12 endorsements shall include middle and
secondary education.
[ h. ] Pre-student teaching experiences
[ (i.e., field (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: 3 semester hours.
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 shall ] 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 shall ] be
included.
c. Skills [ shall ] 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 goal-setting ] as related to
teacher evaluation and determining student academic progress [ ,
including knowledge of legal and ethical aspects of assessment shall
be included ].
e. [ Develop Knowledge of legal
and ethical aspects of assessment and skills for developing ] familiarity
with assessments used in preK-12 education [ (e.g.,
such as ] diagnostic, college admission exams, industry certifications,
[ and ] placement assessments [ ) shall
be included ].
4. [ The Foundations of education
and the ] teaching profession: 3 semester hours.
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 shall ]
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
shall ] be included.
c. Professionalism and ethical standards, as well as
personal integrity [ must shall ] be
addressed.
d. Knowledge and understanding of Virginia's Guidelines for
Uniform Performance Standards and Evaluation Criteria for Teachers [ must
shall ] be included.
5. Classroom and behavior management: 3 semester hours.
a. 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.
b. This area shall address diverse approaches based upon
[ culturally responsive ] 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 of self-discipline.
d. Knowledge and an understanding of various school crisis
management and safety plans and the [ demonstrated ] ability
to create a safe, orderly classroom environment [ must
shall ] be included. The link between classroom management and the
students' ages [ must shall ] be
understood and demonstrated in techniques used in the classroom.
6. [ Reading Language and
literacy ].
a. Adult education, preK-12, and secondary grades 6-12 -
literacy in the content areas: 3 semester hours. Skills in this area shall be
designed to impart an understanding of vocabulary development and comprehension
skills in 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 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: 6 semester hours. Skills listed for these endorsement areas represent
the minimum competencies that a beginning teacher [ must
shall ] 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: 3 semester hours. 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: 3 semester hours. 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
[ and other phonological ] awareness, concept of print,
phonics, fluency, vocabulary development, and comprehension strategies. Writing
shall include writing strategies and conventions as supporting the composing
and [ writing written ] expression and
usage and mechanics domains. Additional skills shall include proficiency in
understanding the stages of spelling development [ ,
and ] the writing process [ , as well as the ability
to foster appreciation of a variety of fiction and nonfiction texts and
independent reading and the ability to foster appreciation of a
variety of fiction and nonfiction texts and independent reading ].
7. Supervised classroom experience. Supervised clinical
experiences shall be continuous and systematic and comprised of early field
experiences and a minimum of 10 weeks of [ successful ] full-time
student teaching [ in the endorsement area sought ] 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
[ in a public or accredited nonpublic school ].
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
classroom 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 a public or an accredited nonpublic school may be accepted
in lieu of the supervised teaching experience. For the Online Teacher License
only, one year of successful online teaching experience in the endorsement area
in a public school, an accredited nonpublic school, or an accredited virtual
school or program may be accepted in lieu of the supervised teaching
experience. A fully licensed, experienced teacher shall be available in the
school building to assist a beginning teacher employed through the alternate
route.
8VAC20-23-200. Adult education.
A. Endorsement requirements. The candidate [ must
shall ] have:
1. Earned a baccalaureate degree from a regionally
accredited college or university or hold a Collegiate Professional License
[ (requires a baccalaureate degree from a regionally accredited college
or university) ]; and
2. A minimum of 15 semester hours in adult education that
[ must shall ] include the following
competencies and one semester of supervised successful full-time, or an
equivalent number of hours of part-time experience, teaching of adults:
a. Understanding of the nature or psychology of the adult
learner or adult development;
b. Understanding of the knowledge, skills, and processes
needed for the selection, evaluation, and instructional applications of the
methods and materials for [ adult basic skills adults
to become college and career ready, ] including:
(1) Curriculum development in adult basic education or
[ General Educational Development (GED) Virginia Board of
Education-approved high school equivalency ] instruction;
(2) [ Beginning reading Literacy
skills ] for adults;
(3) [ Beginning mathematics
Numeracy skills ] for adults;
(4) Reading comprehension for adult education; [ and ]
[ (5) Foundations of adult education; and
(6) (5) ] Other adult basic
skills instruction.
B. Individuals not holding a Collegiate Professional
License or a Postgraduate Professional License [ must
shall ] meet the professional teacher's assessment requirements
prescribed by the Virginia Board of Education.
8VAC20-23-210. Adult English as a second language (add-on
endorsement).
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in adult
English as a second language; or
2. [ An earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with an endorsement in
a teaching area; and
3. Completed 21 semester hours of coursework distributed in
the following areas:
a. Methods for teaching [ adult ] English
[ as a second language to adults learners ]:
3 semester hours;
b. English linguistics: 3 semester hours;
c. Cross-cultural education: 3 semester hours;
d. Modern foreign language: 6 semester hours; and
e. Electives from the following areas: 6 semester hours:
(1) Cross-cultural communication;
(2) Second language acquisition;
(3) General linguistics;
(4) Teaching reading to adults;
(5) Adult English [ as a second language
learner ] instruction; or
(6) Adult English [ as a second language
learner ] curriculum development.
8VAC20-23-220. Career and technical education – agricultural
education.
A. Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program
[ with a minimum of a baccalaureate degree from a regionally
accredited college or university ] in agricultural education;
or
2. [ Completed Earned a
baccalaureate degree from a regionally accredited college or university and
completed ] 39 semester hours of coursework in agriculture,
including at least [ three 3 ] semester
hours in each of the [ following ] areas in
subdivisions 2 a through 2 f [ of this subsection, ] as
well as a minimum of [ nine 9 semester ] hours
in one concentration area listed in [ the following areas ]
subdivisions 2 a through 2 f:
a. Plant science;
b. Animal science;
c. Agricultural mechanics and applied technology with a lab
component;
d. Agricultural economics and management;
e. Forestry and wildlife management;
f. Horticulture; and
g. Supervised occupational experience, 3 semester hours, or
one year of successful, full-time or the equivalent [ of
relevant occupational experience ] (a minimum of 2,000
cumulative hours) [ relevant occupational experience ] within
the past five years.
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher
seeking an initial license in the Commonwealth has not attained an industry certification
credential in the area in which the teacher seeks endorsement, the Virginia
Board of Education may, upon request of the employing school division or
educational agency, issue the teacher a provisional license to allow time for
the teacher to attain such credential. ]
B. Technical Professional License. An endorsement in
specialized areas may be granted to individuals who have:
1. Been recommended by an employing Virginia educational
agency;
2. Completed two years of successful, full-time or the equivalent
of occupational experience within the past five years in the teaching specialty
sought;
3. Completed professional studies requirements (human
development and learning: 3 semester hours; curriculum and instruction in
career and technical education: 3 semester hours; and applications of
instructional technology or classroom and behavior management: 3 semester
hours); and
4. Completed an agricultural education certificate or
associate degree program in the teaching specialty area sought.
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher
seeking an initial license in the Commonwealth has not attained an industry
certification credential in the area in which the teacher seeks endorsement,
the Virginia Board of Education may, upon request of the employing school
division or educational agency, issue the teacher a provisional license to
allow time for the teacher to attain such credential. ]
8VAC20-23-230. Career and technical education – business and
information technology.
A. Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program
[ with a minimum of a baccalaureate degree from a regionally
accredited college or university ] in business and information
technology; or
2. [ Completed Earned a
baccalaureate degree from a regionally accredited college or university and
completed ] a major in business education or 39 semester hours of
coursework in business and information technology, including:
a. Accounting: 6 semester hours;
b. Economics: 3 semester hours;
c. Business law, business principles, management,
marketing, or finance: 9 semester hours;
d. Communications and media to include oral, written, and
presentation [ skills ]: 3 semester hours;
e. Information systems and technology to include computer
software applications [ (e.g. ], [ such
as ] word processing, spreadsheet, database, and presentation
[ ) ], information technology fundamentals, database
management, communications systems, programming, software development,
security, and networking: 12 semester hours;
f. Input technologies to include touch keyboarding
(required, or documented demonstrated mastery of the touch keyboarding skill),
audio input devices, video input devices, pointing devices, touch screens, or
other emerging input technologies: 3 semester hours; and
g. Supervised business experience: 3 semester hours
[ ;, ] or one year of successful full-time or
the equivalent [ (i.e., (a minimum of ] 2,000
[ part-time cumulative ] hours) relevant
occupational experience within the last five years.
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher
seeking an initial license in the Commonwealth has not attained an industry
certification credential in the area in which the teacher seeks endorsement,
the Virginia Board of Education may, upon request of the employing school
division or educational agency, issue the teacher a provisional license to
allow time for the teacher to attain such credential. ]
B. Technical Professional License. An endorsement in a
highly specialized business and information technology area, such as
networking, [ administration, communications systems, ]
programming, database management, Internet application development, medical
office procedures, legal office procedures, network administration, and other
emerging highly specialized areas may be granted to individuals who have:
1. Been recommended by an employing Virginia educational
agency;
2. Completed two years of successful, full-time or the
equivalent occupational experience within the last five years in the teaching
specialty area sought;
3. Completed a business certificate or associate degree
program from a regionally accredited institution in the teaching specialty area
sought; and
4. Completed professional studies requirements (human
development and learning: 3 semester hours; curriculum and instruction in
career and technical education: 3 semester hours; and applications of
instructional technology or classroom and behavior management: 3 semester
hours).
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher
seeking an initial license in the Commonwealth has not attained an industry
certification credential in the area in which the teacher seeks endorsement,
the Virginia Board of Education may, upon request of the employing school
division or educational agency, issue the teacher a provisional license to
allow time for the teacher to attain such credential. ]
8VAC20-23-240. Career and technical education – family and
consumer sciences.
A. Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program
[ with a minimum of a baccalaureate degree from a regionally
accredited college or university ] in family and consumer
sciences; or
2. [ Completed Earned a
baccalaureate degree from a regionally accredited college or university and
completed ] a major in family and consumer sciences education or 39
semester hours of coursework in family and consumer sciences distributed in the
following areas:
a. Development of individuals through the lifespan and the
family life cycle [ and family ]: 9 semester
hours;
b. Resource management, personal and family finance, and
consumer economics: 6 semester hours;
c. Food, nutrition, dietetics, wellness, and food science:
9 semester hours;
d. Housing, home furnishing, and equipment: 3 semester
hours;
e. Apparel and textiles: 6 semester hours;
f. Occupational program management: 3 semester hours; and
g. Supervised occupational experience related to family and
consumer sciences, 3 semester hours, or one year of successful, full-time or
the equivalent [ of (a minimum of 2,000 cumulative
hours) ] relevant occupational experience within the last five
years.
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher
seeking an initial license in the Commonwealth has not attained an industry
certification credential in the area in which the teacher seeks endorsement,
the Virginia Board of Education may, upon request of the employing school
division or educational agency, issue the teacher a provisional license to
allow time for the teacher to attain such credential. ]
B. Technical Professional License. An endorsement in a
specialized family and consumer sciences area, such as child care occupations,
consumer services, family and human services, fashion design occupations, food
occupations, hospitality occupations, interior design occupations, [ and ]
home furnishings occupations, and home and institutional services, may be
granted to individuals who have:
1. Been recommended by an employing Virginia educational
agency [ .; ]
2. Completed at least two years of successful, full-time
occupational experience or the equivalent within the past five years in the
teaching specialty for which they are seeking endorsement [ .; ]
3. Completed a family and consumer sciences certificate or
associate degree program [ from a regionally accredited college or
university, ] where applicable in the area of endorsement sought
[ .; and ]
4. Completed professional studies requirements (human
development and learning: 3 semester hours; curriculum and instruction in
career and technical education: 3 semester hours; and applications of
instructional technology or classroom and behavior management: 3 semester
hours).
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher seeking
an initial license in the Commonwealth has not attained an industry
certification credential in the area in which the teacher seeks endorsement,
the Virginia Board of Education may, upon request of the employing school
division or educational agency, issue the teacher a provisional license to
allow time for the teacher to attain such credential. ]
8VAC20-23-250. Career and technical education – health and
medical sciences.
A. Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved program of study [ with
a minimum of a baccalaureate degree from a regionally accredited college or
university ] in a health care program of study and hold a
current license or certification as a professional practitioner in the area in
which one is to be teaching; or
2. [ A Earned a baccalaureate
degree from a regionally accredited college or university and hold a ]
current license or certification as a professional practitioner in the area
in which one is to be teaching and completed two years of successful, full-time
or the equivalent of occupational experience within the past five years in an
area related to the teaching specialty sought.
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher
seeking an initial license in the Commonwealth has not attained an industry
certification credential in the area in which the teacher seeks endorsement,
the Virginia Board of Education may, upon request of the employing school
division or educational agency, issue the teacher a provisional license to
allow time for the teacher to attain such credential. ]
B. Technical Professional License. An endorsement in a
specialized health occupations area may be granted to individuals who have:
1. Been recommended by an employing Virginia educational
agency;
2. A license or [ be are ]
certified as a professional practitioner in the area in which one is to be
teaching;
3. Completed two years of full-time or the equivalent of
occupational experience within the past five years in the teaching specialty
sought;
4. Completed a health occupations certificate or associate
degree program from a regionally accredited institution in the teaching
specialty area sought; and
5. Completed professional studies requirements (human
development and learning: 3 semester hours; curriculum and instruction in
career and technical education: 3 semester hours; and applications of
instructional technology or classroom and behavior management: 3 semester
hours).
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher
seeking an initial license in the Commonwealth has not attained an industry
certification credential in the area in which the teacher seeks endorsement,
the Virginia Board of Education may, upon request of the employing school
division or educational agency, issue the teacher a provisional license to
allow time for the teacher to attain such credential. ]
8VAC20-23-260. Career and technical education – marketing
education.
A. Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program
[ with a minimum of a baccalaureate degree from a regionally
accredited college or university ] in marketing education; or
2. [ Completed Earned a
baccalaureate degree from a regionally accredited college or university and
completed ] a major in marketing education or a minimum of 39
semester hours of coursework in marketing to include [ ;: ]
a. Marketing processes and environment: 3 semester hours;
b. Management and supervision: 6 semester hours;
c. Economics: 3 semester hours;
d. Merchandising and operations: 3 semester hours;
e. Advertising and promotion: 3 semester hours;
f. Sales and selling: 3 semester hours;
g. Communication theory and techniques: 3 semester hours;
h. Consumer behavior: 3 semester hours;
i. International (global) marketing: 3 semester hours;
j. Finance, accounting, or marketing mathematics: 3
semester hours;
k. Technology applications: 3 semester hours; and
l. Supervised marketing occupational experience, 3 semester
hours, or one year of [ successful ] full-time work
experience in the field of marketing may be accepted in lieu of the supervised
marketing internship.
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher
seeking an initial license in the Commonwealth has not attained an industry
certification credential in the area in which the teacher seeks endorsement,
the Virginia Board of Education may, upon request of the employing school
division or educational agency, issue the teacher a provisional license to
allow time for the teacher to attain such credential. ]
B. Technical Professional License. An endorsement in a
specialized marketing area, such as apparel and accessories, hotel operations,
international marketing, or restaurant, may be granted to individuals who have:
1. Been recommended by an employing Virginia educational
agency;
2. Completed two years of [ successful ]
full-time occupational experience, or the equivalent, within the last five
years in the teaching specialty area sought; and
3. Completed professional studies requirements (human
development and learning: 3 semester hours; curriculum and instruction in
career and technical education: 3 semester hours; and applications of
instructional technology or classroom and behavior management: 3 semester
hours).
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher
seeking an initial license in the Commonwealth has not attained an industry
certification credential in the area in which the teacher seeks endorsement,
the Virginia Board of Education may, upon request of the employing school
division or educational agency, issue the teacher a provisional license to
allow time for the teacher to attain such credential. ]
8VAC20-23-270. Career and technical education – technology
education.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program
[ from a regionally accredited college or university with a minimum
of a baccalaureate degree ] in technology education; or
2. [ Completed Earned a
baccalaureate degree from a regionally accredited college or university and
completed ] a major in technology education or 33 semester hours in
technology education distributed in the following areas:
a. The nature of technology. Experiences shall include
those that promote an understanding of the characteristics, scope, and core
concepts of physical, biological, and informational technologies, the
relationships among these technologies, and their connections to other science,
technology, engineering, and mathematics (STEM) fields: 6 semester hours;
b. Technology and society. Experiences shall include those
that develop a working knowledge of the cultural, social, economic, and
political effects of technology, its effect on the environment, and the role of
society in the history, development, and use of physical, biological, and
informational technologies: 3 semester hours;
c. Engineering. Experiences shall include those that
develop comprehension of the attributes of technological design, inclusive of
constraints, optimization, predictive analysis, problem solving, critical
thinking, technical writing, and integrative mathematics and science: 6
semester hours;
d. Abilities for a technological world. Experiences shall
include those that develop the capacity to utilize the design process, to use
and maintain technological products and systems, and to assess their impact: 9
semester hours; and
e. The designed world. Experiences shall include those that
promote an understanding of current and emerging physical, biological, and
informational technologies: 9 semester hours; or
3. Earned a baccalaureate degree from a regionally
accredited college or university with a major in one of the following fields of
study: architecture, design, engineering, engineering technology, industrial
technology, or physics and completed a minimum of 15 semester hours of
technology education content coursework, including at least 3 semester hours in
each of the following areas:
a. The nature of technology;
b. Technology and society;
c. Engineering;
d. Abilities for a technological world; and
e. The designed world.
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher
seeking an initial license in the Commonwealth has not attained an industry
certification credential in the area in which the teacher seeks endorsement,
the Virginia Board of Education may, upon request of the employing school
division or educational agency, issue the teacher a provisional license to
allow time for the teacher to attain such credential. ]
8VAC20-23-280. Career and technical education – trade and
industrial education.
A. Endorsement requirements.
1. The candidate [ must shall ]
have graduated from an approved teacher preparation program with a minimum
of a baccalaureate degree from a regionally accredited college or university in
trade and industrial education; or
2. A candidate who has graduated from an approved teacher
preparation program that is not in the trade and industrial education program subject
area for which the candidate is seeking endorsement [ must
shall ] have:
a. A current state [ licensure
license ] or industry certification based on the prescribed
standard or examination, if applicable; and
b. Evidence of at least two years of [ successful ]
full-time or equivalent occupational experience within the past five years
in the teaching specialty for which the candidate is seeking endorsement. A
candidate whose occupational experience has not been within the last five years
[ must shall ] participate in a supervised
technical update related to the teaching specialty or area of endorsement or
complete a supervised internship of work experience of not less than six weeks
related to the area of endorsement or teaching specialty.
B. Technical Professional License. An endorsement in a
specialized trade and industrial education area will be granted to an
individual who has:
1. Been recommended by an employing Virginia educational
agency;
2. A current license or is currently certified as a professional
practitioner in the area in which [ he the individual ]
is to be teaching, if applicable, or can demonstrate competency in the area
of trade and industrial education [ he the individual ]
is to be teaching;
3. Evidence of at least two years of [ successful ]
full-time or the equivalent occupational experience within the past five
years in the teaching specialty for which he is seeking endorsement. Candidates
whose occupational experience has not been within the last five years
[ must shall ] participate in a supervised
technical update related to the teaching specialty or area of endorsement or
complete a supervised internship of work experience of not less than six weeks
related to the area of endorsement or teaching specialty; and
4. Completed professional studies requirements (human
development and learning: 3 semester hours; curriculum and instruction in
career and technical education: 3 semester hours; and applications of
instructional technology or classroom and behavior management: 3 semester hours).
C. Add-on endorsement requirements. A candidate
[ must shall ]:
1. Hold an active Collegiate Professional or Postgraduate
Professional License with a teaching endorsement;
2. Demonstrate competency in the trade or industrial area
being sought;
3. Hold current state licensure or industry certification
for the trade or industrial area for which endorsement is sought based upon the
prescribed standard or examination;
4. Have completed two years or 4,000 clock hours of
satisfactory, full-time occupational experience at the journeyman level or an
equivalent level in the occupation within the last five years. Candidates whose
occupational experience has not been within the last five years [ must
shall ] participate in a supervised technical update related to the
teaching specialty or area of endorsement or complete a supervised internship
of work experience of not less than six weeks related to the area of
endorsement or teaching specialty; and
5. Have completed 3 semester hours in curriculum and
instruction specific to vocational industrial education.
8VAC20-23-290. Career and technical education – transition
and special needs (add-on endorsement).
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program
[ with a minimum of a baccalaureate degree from a regionally
accredited college or university ] in [ transition
and ] special needs [ education ]; or
2. [ Completed Earned a
baccalaureate degree from a regionally accredited college or university and
completed ] a major in career and technical education or special
education [ , pre-K-12 preK-12 ] with an
endorsement in one area of career and technical education or special education
preK-12, including 12 semester hours distributed in the following areas:
a. Overview of special needs programs and services: 3
semester hours;
b. Instructional methods, curriculum, and resources: 3
semester hours;
c. Career and life planning, transitioning, occupational
information, and delivery of cooperative education programs: 3 semester hours;
and
d. Purposes and practices and characteristics of special
populations: 3 semester hours; and
3. Completed successful, supervised occupational
experience, 3 semester hours, or one year of full-time or the equivalent of
relevant occupational experience within the past five years.
8VAC20-23-300. Computer science.
A. Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in
computer science; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed 36 semester hours of coursework
distributed in the following areas:
a. Mathematics, including discrete mathematics;
b. Data structures and algorithm analysis;
c. Foundations of computer science; and
d. Programming in at least two distinct languages: 6
semester hours.
B. Add-on endorsement requirements in computer science.
The candidate [ must shall ] have:
1. [ An earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with a teaching
endorsement in a teaching area; and
2. Completed 18 semester hours of coursework distributed in
the following areas:
a. Mathematics, including discrete mathematics;
b. Data structures and algorithm analysis;
c. Foundations of computer science; and
d. Programming in at least two distinct languages: 6
semester hours.
8VAC20-23-310. Dance arts preK-12.
A. Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in dance
arts; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in dance arts or 24
semester hours with coursework distributed in the following areas:
a. Development of movement language: 9 semester hours.
(1) A course in each area of ballet, folk, jazz, and modern
dance: 6 semester hours; and
(2) Area of concentration in one area of ballet, folk,
jazz, or modern dance beyond the entry level: 3 semester hours;
b. Composition, improvisation, and dance arts production,
[ which ] may include stage lighting, stage costuming, or
stage makeup: 3 semester hours;
c. Scientific foundations, including human anatomy,
kinesiology, and injury prevention and care for dance arts: 9 semester hours;
and
d. Cultural understanding, including cultural context and
dance history: 3 semester hours.
B. Add-on endorsement requirements in dance arts. The
candidate [ must shall ] have:
1. [ An earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with a teaching
endorsement in a teaching area; and
2. Completed 15 semester hours of coursework distributed in
the following areas:
a. Development of movement language: 9 semester hours.
(1) A course in each area of ballet, folk, jazz, and modern
[ dance ]: 6 semester hours; and
(2) Area of concentration in one area of ballet, folk, jazz,
or modern [ dance ] beyond the entry level: 3 semester
hours;
b. Composition, improvisation, and dance arts production,
[ which ] may include stage lighting, stage costuming, or
stage makeup: 3 semester hours; and
c. Cultural understanding, including cultural context and
dance history: 3 semester hours.
8VAC20-23-320. Driver education (add-on endorsement).
Endorsement requirements. The candidate [ must
shall ] have:
1. [ An earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with a teaching
endorsement in a teaching area; and
2. Completed an approved teacher preparation program in
driver education; or
3. [ Completed Earned a
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with a teaching
endorsement in a teaching area; and completed ] 6 semester hours of
coursework distributed in the following areas:
a. Driver Task Analysis [ : to include,
including ] instructional strategies as prescribed in the
Curriculum and Administrative Guide for Driver Education in Virginia [ 2010 ] (http://www.doe.virginia.gov/instruction/driver_education/curriculum_admin_guide/index.shtml); understanding the highway transportation
system; applying Virginia's motor vehicle laws; personal, legal, and emotional
factors; visual and sensory perception; risk perception and risk management;
space management and other defensive driving techniques; environmental,
financial, and other vehicle ownership responsibilities; vehicle technologies;
and the scientific principles of the driving tasks: 3 semester hours; and
b. Principles and methodologies of classroom and in-car
instruction, including applying classroom and in-car teaching techniques for
delivering concurrent instruction; applying perception, vehicle balance, speed
control, and other risk management principles to the development of precision
driving skills; and understanding program administrative tasks, including
juvenile licensing laws and issuance of a driver's license; a minimum of 14
hours of actual behind-the-wheel supervised teaching experience demonstrating
vehicle control skills and performance capabilities that includes 2 hours of
basic evasive maneuvers; and a minimum of 14 hours of mentorship with a
licensed, endorsed driver education teacher: 3 semester hours.
4. A current, valid Virginia driver's license. [ School
divisions are to ensure that teachers of driver education hold a valid driver's
license. ]
8VAC20-23-330. Engineering.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in
engineering;
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in engineering or an
engineering subspecialty [ at in ] an
Accreditation Board for Engineering and Technology (ABET)-accredited college or
university program;
3. Earned a baccalaureate degree from a regionally
accredited college or university and completed an engineering technology,
science, or technology education major with at least 12 semester hours of
coursework in engineering courses, including:
a. Introduction to engineering design;
b. Statics or dynamics;
c. Circuits or fluid mechanics; and
d. Thermodynamics;
4. [ Completed Earned a
baccalaureate degree from a regionally accredited college or university and
completed ] a science, mathematics, or technology education major
with at least five years of successful [ full-time ] experience
working in an engineering environment; or
5. [ Hold Earned a baccalaureate
degree from a regionally accredited college or university and hold ] a
professional engineer's (P.E.) license.
8VAC20-23-340. English.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in
English; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in English or a minimum
of 36 semester hours of coursework distributed in the following areas:
a. Literacy and reading: 12 semester hours. Courses
[ must shall ] include:
(1) Survey of British literature;
(2) Survey of American literature;
(3) World literature; and
(4) Literary theory and criticism.
b. Language: 3 semester hours. Includes the development and
nature of the English language.
c. Composition: 12 semester hours. Experiences shall
include:
(1) A grammar course integrating grammar and writing;
(2) The teaching of writing, based on current knowledge and
most effective practices, including the use of technology for this purpose;
(3) An advanced composition course emphasizing rhetorical
practices of expository, persuasive, argumentative, and analytical writing; and
(4) Teaching research including ethical accessing,
evaluating, organizing, crediting, and synthesizing information.
d. Oral language: 3 semester hours. Experiences shall
include the teaching of public and presentation speaking, including nonverbal
communication and the role of communication in small group and mass
communication.
e. Electives from the areas listed in [ this
section this subdivision 2 ]: 6 semester hours.
8VAC20-23-350. English as a second language preK-12.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in English
as a second language; or
2. Earned a baccalaureate degree from a regionally accredited
college or university and completed 24 semester hours of coursework distributed
in the following areas:
a. Teaching of reading and writing. Courses [ must
shall ] include [ the five areas of reading
instruction: skills in ] phonemic [ and
other phonological ] awareness [ , phonics, fluency,
vocabulary and text comprehension as well as the similarities and differences
between reading in a first language and reading in a second language and a
balanced literacy approach ]; [ pre-reading, during
reading, and post-reading strategies; vocabulary development; and guided
reading. Ability to structure interactive tasks that engage students in using
oral language to develop language and skills. Ability to determine students'
reading levels and design instruction for multi-level classrooms by
incorporating appropriate scaffolding or language supports; ] one
course [ must shall ] address teaching
reading to English language learners: 6 semester hours;
b. English linguistics: [ general and English
linguistics ] 3 semester hours;
c. Cross-cultural education: 3 semester hours;
d. Second language acquisition: 3 semester hours;
e. Methods of English as a second language, to include
[ instruction based on the understanding of ] the
World-Class Instructional Design and Assessment (WIDA) English Language
Development (ELD) Standards: 3 semester hours;
f. English as a second language assessment to include
assessing comprehension and communication in English: 3 semester hours; and
g. Electives from the areas listed in [ this section this
subdivision 2 ]: 3 semester hours.
8VAC20-23-360. Foreign language preK-12.
A. The specific language of the endorsement will be noted
on the license.
B. Endorsement requirements
for foreign language preK-12 - languages other than Latin [ and American Sign Language ].
The candidate [ must shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in a
foreign language; or
2. Earned a baccalaureate degree from a regionally
accredited college or university [ , ] and completed
[ a major in the foreign language or ] 30 semester hours of
coursework above the intermediate level in the foreign language distributed in
the following areas:
a. Advanced grammar and composition;
b. Conversation, culture and civilization, and literature;
and
c. In addition to the 30 semester hours, completed a
minimum of 3 semester hours of methods of teaching foreign languages at the
elementary and secondary levels.
3. Endorsement in a second [ foreign ]
language may be obtained [ with by successfully
completing ] 24 semester hours of coursework above the intermediate
level.
4. Candidates who have learned a foreign language without
formal academic credit in a regionally accredited college or university
[ must shall ] complete the following
requirements:
a. Achieve a qualifying score on a foreign language
assessment in the appropriate language as prescribed by the Virginia Board of
Education; and
b. Earn a minimum of 3 semester hours of methods of
teaching foreign languages at the elementary and secondary levels from a
regionally accredited college or university in the United States or obtain
teacher certification in another country with at least 3 semester hours of methods
of teaching foreign languages at the elementary and secondary levels at a
foreign institution.
C. Endorsement requirements
for foreign language preK-12 - Latin. The candidate [ must shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in Latin;
or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed 24 semester hours of Latin above
the intermediate level. A maximum of six semester hours of Roman history, Roman
life, [ Roman ] mythology, or [ Roman ]
archaeology may be included in the total hours. A minimum of 3 semester
hours of methods of teaching Latin at the elementary and secondary levels are
required.
D. Endorsement requirements
for foreign language preK-12 - American Sign Language.
1. The candidate [ must shall ]
have (i) graduated from an approved teacher preparation program in a foreign
language - American Sign Language or (ii) earned a baccalaureate degree from a
regionally accredited college or university and completed a major in American
Sign Language or 24 semester hours above the intermediate level in American
Sign Language. The program shall include (i) courses in advanced grammar and
syntax, conversation, and culture and (ii) a minimum of 3 semester hours of
methods of teaching foreign languages at the elementary and secondary levels.
2. Native users or candidates who have learned American Sign
Language without formal academic credit in a regionally accredited college or
university, as explained in subdivision 1 of this subsection, [ must
shall ] complete the following requirements:
a. Competency in American Sign Language demonstrated by written
documentation of one of the following:
(1) Hold a current, valid Provisional, Qualified, or
Professional certification by the American Sign Language Teachers' Association;
(2) Hold one of the following current, valid national
certificates in interpreting:
(a) Registry of Interpreters for Deaf certification in at
least one of the following: Certificate of Interpretation (CI), Certificate of
Deaf Interpretation (CDI), Reverse Skills Certification (RSC), or Comprehensive
Skills Certificate (CSC);
(b) [ Hold a A ] current,
valid National Association for the Deaf Level IV certification or higher; or
(c) [ A ] National Interpreter
Certification (NIC); or
(3) Complete requirements by achieving a qualifying score
on an assessment demonstrating proficiency in American Sign Language prescribed
by the Virginia Board of Education.
b. [ Completed a A ] minimum
of 3 semester hours of methods of teaching foreign languages at the elementary
and secondary levels from a regionally accredited college or university in the
United States; and
c. [ Earned a A ] minimum
of 6 semester hours in coursework [ , ] including
grammar and syntax of American Sign Language.
8VAC20-23-370. Gifted education (add-on endorsement).
Endorsement requirements. The candidate [ must
shall ] have:
1. [ An earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with a teaching
endorsement in a teaching area; [ and ]
2. [ Completed Earned a
baccalaureate degree from a regionally accredited college or university and
completed ] an approved teacher preparation program in gifted
education; or
3. Completed the following requirements:
[ a. Earned a baccalaureate degree from a regionally accredited
college or university and hold a license issued by the Virginia Board of
Education with a teaching endorsement in a teaching area; and ]
[ a. b. ] Completed 12
semester hours of graduate-level coursework in gifted education distributed in
the following areas:
(1) [ Academic and social-emotional
characteristics and special populations of gifted learners
Introduction and identification of giftedness ]: 3 semester hours;
(2) [ Curriculum models and differentiation
of instruction for Social and emotional development and guidance of ]
gifted learners: 3 semester hours;
(3) [ Identification and assessment of
Curriculum and instructional strategies for ] gifted learners: 3
semester hours; and
(4) [ Current trends and issues in the field
of gifted education Advanced course work in one of the following
areas ]: 3 semester hours [ ; and:
(a) Advanced curriculum, instruction, and assessment
design;
(b) Advanced program development and evaluation; or
(c) Advanced study in underrepresented populations; and ]
[ b. c. ] Completed a
practicum of at least 45 instructional hours. This practicum shall include a
minimum of 45 instructional hours of successful teaching experiences with
gifted students in a public or an accredited nonpublic school. In lieu of the practicum,
one year of successful, full-time teaching experience with gifted students in a
public or an accredited nonpublic school may be accepted [ , ]
provided the teacher is assigned a mentor holding a valid license with an
endorsement in gifted education.
8VAC20-23-380. Health and physical education preK-12.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in health
and physical education; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in health and physical
education or 45 semester hours of coursework distributed in the following
areas:
a. Personal health [ and, ]
safety [ , and care of athletic injuries ]: 3
semester hours;
b. Human anatomy, physiology, [ exercise
physiology, ] and [ kinesiology
biomechanics of human movement ]: 9 semester hours;
c. General health and physical education theory, including
curriculum design and development in health and physical education: 3 semester
hours;
d. Instructional methods and skills for secondary physical
education: 3 semester hours;
e. [ Instructional Concepts of
motor learning, instructional ] methods [ , ] and
skills for elementary physical education: 3 semester hours;
f. [ School Instruction methods
for elementary and secondary school ] health [ methods
course ]: 3 semester hours;
g. Health and physical education electives: 9 semester
hours;
h. [ Adapted Instructional
methods and strategies for adapted ] physical education: 3 semester
hours;
i. Technology in health and physical education: 3 semester
hours;
j. [ Principles of human ] nutrition:
3 semester hours; and
k. [ Measurement Assesment ]
and evaluation in the content area: 3 semester hours.
8VAC20-23-390. History and social sciences.
A. Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in history
and social sciences; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed 51 semester hours of coursework
distributed in [ each of ] the following areas:
a. History: a major in history or 18 semester hours in
history [ (must (shall ] include
coursework in American history, Virginia history, and world history);
b. Political science: a major in political science or 18
semester hours in political science [ to, which shall ]
include coursework in American government (state and local government);
c. Geography: 9 semester hours; and
d. Economics: 6 semester hours.
B. Add-on endorsement requirements in history, political
science, geography, and economics. The candidate [ must
shall ] have:
1. Earned a baccalaureate degree from a regionally
accredited college or university and [ have hold ]
a teaching license with an endorsement in history, political science,
geography, or economics; and
2. Completed 21 semester hours of coursework in the
additional social science area [ (i.e., - ] history,
political science, geography, or economics [ ) for
which the add-on endorsement is ] sought.
8VAC20-23-400. Journalism (add-on endorsement).
Endorsement requirements. The candidate [ must
shall ] have:
1. [ An earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with a teaching
endorsement in a teaching area; and
2. Completed a minimum of 15 semester hours in journalism.
8VAC20-23-410. Keyboarding (add-on endorsement).
Endorsement requirements. The candidate [ must
shall ] have:
1. [ An earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with a teaching
endorsement in a teaching area; and
2. Completed 6 semester hours in keyboarding. Three
of the six semester hours may be from either formal keyboarding instruction or
documented demonstrated mastery of the touch keyboarding skill, and three
semester hours [ must shall ] include
document formatting skills, word processing, and computer applications.
8VAC20-23-420. Library media preK-12.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved preparation program in school library
media; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed 24 semester hours distributed in
the following areas:
a. Teaching for learning, including knowledge of learners
and learning; effective and knowledgeable teaching; collaborative instructional
partners; integration of 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: 3 semester hours;
b. 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: 6 semester hours;
c. 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: 6 semester hours;
d. 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: 3 semester hours; and
e. 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 semester
hours.
3. Supervised school library media practicum. Experiences
shall include clinical experience to give the applicant an opportunity to apply
the skills, [ understandings knowledge ],
and competencies required for the endorsement. One year of successful,
full-time experience as a school librarian in a public or accredited nonpublic
school may be accepted in lieu of the supervised practicum.
8VAC20-23-430. Mathematics.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in
mathematics; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in mathematics or 36
semester hours of coursework distributed in each of the following areas:
a. Algebra. Experience shall include linear algebra
(matrices, vectors, and linear transformations) and abstract algebra (ring,
group, and field theory);
b. Geometry. Experience shall include Euclidean and
non-Euclidean geometries;
c. Analytic geometry;
d. Probability and statistics;
e. Discrete mathematics. Experience shall include the study
of mathematical properties of finite sets and systems and linear programming;
f. Calculus. Experience shall include multivariable
calculus; [ and ]
g. Mathematical modeling [ ; and
h. Computer science, including two programming languages ].
8VAC20-23-440. Mathematics – [ Algebra
algebra ] I (add-on endorsement).
Endorsement requirements. The candidate [ must
shall ] have:
1. [ An earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with a teaching
endorsement in a teaching area; and
2. Either:
a. Completed an approved teacher preparation program in
Algebra I; or
b. Completed 24 semester hours that include coursework in
each of the following areas:
(1) Elementary functions, introductory college algebra, and
trigonometry;
(2) Linear algebra;
(3) Calculus;
(4) Euclidean geometry;
(5) Probability and statistics;
(6) Discrete mathematics;
(7) Mathematical modeling; and
(8) Methods of teaching algebra.
8VAC20-23-450. Music education – instrumental preK-12.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in music
education - instrumental; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed 42 semester hours of coursework
distributed in [ each of ] the following areas:
a. Basic music knowledge. Experiences shall be related to
music theory, music history, and literature: 18 semester hours [ .; ]
b. Musical performance. Experiences shall consist of
developing competency in a primary performance medium (band or orchestral
instrument), in a secondary performance medium (band, orchestral, or keyboard instrument),
and in teaching, rehearsing, and conducting ensembles: 18 semester hours
[ .; and ]
c. Electives with coursework selected from either of the
two areas listed in subdivisions 2 a and 2 b of this section: 6 semester hours.
8VAC20-23-460. Music education – vocal/choral preK-12.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in music
education - vocal/choral; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed 42 semester hours of coursework
distributed in [ each of ] the following areas:
a. Basic music knowledge. Experiences shall be related to
music theory, music history, and literature: 18 semester hours [ .; ]
b. Musical performance. Experiences shall consist of
developing competency in a primary and secondary medium, selected from voice or
keyboard [ , ] and in teaching, rehearsing, and
conducting ensembles: 18 semester hours [ .; and ]
c. Electives with coursework selected from either of the
two areas listed in subdivisions 2 a and 2 b of this section: 6 semester hours.
8VAC20-23-470. Science – biology.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in
biology;
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in biology or 32
semester hours in biology [ , ] and at least one
course in each of the following [ areas ]: genetics,
biochemistry/molecular biology, cell biology, botany, zoology, anatomy/physiology,
ecology, and evolutionary biology and other preparation consistent with
the competencies for the endorsement; or
3. Earned an endorsement in another science discipline and
[ completed ] at least 18 semester hours in biology,
including at least one course in each of the following areas: genetics,
biochemistry/molecular biology or cell biology, botany [ or, ]
zoology, anatomy/physiology, and evolutionary biology or ecology.
8VAC20-23-480. Science – chemistry.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in
chemistry;
2. Earned a baccalaureate degree from a regionally accredited
college or university and completed a major in chemistry or 32 semester hours
in chemistry, including at least one course in each of the following
[ areas ]: inorganic chemistry, organic chemistry, physical
chemistry, biochemistry, and analytical chemistry and other preparation
consistent with the competencies required for the endorsement; or
3. Earned an endorsement in another science discipline and
[ completed ] at least 18 semester hours in chemistry,
including at least one course in each of the following areas: inorganic
chemistry, organic chemistry, physical chemistry, biochemistry, and analytical
chemistry.
8VAC20-23-490. Science – Earth science.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in Earth
science;
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in Earth science,
geology, or environmental science with a minimum of 32 semester hours in Earth
sciences, including at least one course in each of the following [ areas ]:
structural geology, petrology, paleontology, oceanography, meteorology, and
astronomy/space science; or
3. Earned an endorsement in another science discipline and
[ completed ] at least 18 semester hours in Earth sciences,
including at least one course in each of the following areas: structural
geology, petrology, paleontology, oceanography, meteorology, and
astronomy/space [ or planetary ] science.
8VAC20-23-500. Science – physics.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in
physics;
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in physics or 32
semester hours in physics, including the following coursework: mechanics,
electricity and magnetism, optics, and modern physics and other preparation
consistent with the competencies required for the endorsement; or
3. Earned an endorsement in another science discipline and
at least 18 semester hours in physics, including preparation in each of the
following areas: mechanics, electricity and magnetism, optics, and modern
physics.
8VAC20-23-510. Special education – adapted curriculum K-12.
Endorsement requirements: The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved program in special education - adapted
curriculum; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed 27 semester hours in the
education of students with disabilities [ as ] distributed
in the following areas:
a. Core coursework: 12 semester hours distributed among the
following areas:
(1) Foundations: 3 semester hours. 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;
(2) Assessment and evaluation: 3 semester hours. Includes
an understanding and application of the foundation of assessment and evaluation
related to best practices in special education, including types and
characteristics of assessment, introduction to formal and informal assessment,
and the use of assessments and other information to determine special education
eligibility, service delivery, curriculum, and instruction of students with
disabilities. 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.
(3) Collaboration that includes skills in consultation,
case management, co-teaching, and collaboration: 3 semester hours. Includes
understanding roles and responsibilities, knowledge and application of
effective communication skills and of culturally responsive practices and
strategies, and the ability to develop home, school, and community partnerships
to address the needs of students with disabilities.
(4) Management of classroom instruction and behaviors: 3
semester hours. Includes an understanding and knowledge of research-based
classroom management techniques, positive behaviors supports, and individual
interventions and a demonstrated ability to create a safe, orderly classroom
environment [ , ] including classroom organization,
instructional design, and establishment of classroom routines and procedures.
Knowledge of the elements of effective instructional planning, differentiation
of instruction, and other instructional approaches to enhance student
engagement and achievement. Understanding of behavior assessments, data
collection and analysis, and development and monitoring of behavior
intervention plans.
b. Adapted curriculum coursework: 15 semester hours of
coursework distributed in the following areas:
(1) Characteristics: 3 semester hours. Skills in this area
include the ability to demonstrate knowledge of the characteristics, including
medical and health conditions, and learning and support needs of students with
disabilities (K-12) whose cognitive and 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 autism spectrum disorders, developmental delay, intellectual
disability, traumatic brain injury, and multiple disabilities including
sensory, deaf-blindness, speech-language, orthopedic [ and/or
and other ] health impairments as an additional disability to those
referenced above.
(2) Individualized education program (IEP) implementation:
3 semester hours. 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, instruction, program, goal development, modifications, adaptations,
placement, and teaching methodology for students with disabilities who are
accessing the general education curriculum and [ Virginia ]
Standards of Learning through an aligned curriculum; 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 in an adapted curriculum across the K-12 grade levels.
(3) Transitioning: 3 semester hours. Skills in this area
include 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.
(4) Instructional methods and strategies for the adapted
curriculum: 3 semester hours. An understanding and application of service
delivery, curriculum, and instruction of students with disabilities who need an
adapted curriculum. Knowledge of the general curriculum requirements and
expectations and how to provide access to the curriculum based on student
characteristics and needs. Skills in this area include the ability to
understand and use a range of modifications, adaptations, special instructional
strategies, and research-based interventions that reflect best practice in
reading, writing, and mathematics instruction for students with more
significant disabilities; ability to align the instructional practices and
intervention with the Virginia Standards of Learning and state assessments;
knowledge of available assistive and instructional technologies, including
alternative communication methods and systems to promote learning and
independence for students with disabilities in the adaptive curriculum and the
ability to evaluate its effectiveness; ability to develop and use
curriculum-based and standardized assessment to conduct ongoing evaluations of
instructional material and practices to determine effectiveness and assess
student needs as they relate to curriculum design and delivery; ability to
modify and adapt instructional content in a variety of settings and collaborate
with general education content teachers to develop and implement instructional
practices that meet the needs of students with disabilities in the adapted
curriculum and monitor student progress.
(5) Individualized supports and specialized care of
students with significant disabilities: 3 semester hours. Knowledge of and
ability to implement adapted strategies to address the positioning, handling,
communication, personal care, and medical needs of students with significant
disabilities. Knowledge and understanding of the roles of related disciplines
and service providers in collaborative planning and service delivery.
Demonstration of the ability to develop and utilize a blended curriculum design
to address disability-specific or unique needs such as feeding and communication
while addressing the adapted curriculum requirements.
8VAC20-23-520. Special education blindness and visual
impairments preK-12.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in special
education visual impairments preK-12; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in special education
blindness and visual impairments or 30 semester hours in education of students
with visual impairments, distributed with at least one course in each of the
following areas:
a. Characteristics of students with visual impairment [ :
3 semester hours ]. Provides an overview of the characteristics of
and services to persons with visual impairments, including the impact of visual
impairment on infant and child growth and development, child and adolescent
emotional and social development, and family interaction patterns. Includes the
educational, conceptual, psychosocial, and physical implications of a visual
impairment.
b. Foundations [ : 3 semester hours ].
Includes knowledge of the foundation for educating students with disabilities;
historical, ethical, and legal aspects that include understanding and
application of the regulatory requirements; and expectations associated with
identification, education, and evaluation of students with disabilities.
c. Braille code: 3 semester hours. Includes the literary
code of Braille, its implications for educational and literacy programs for
students with visual disabilities and how to teach the Braille code to students
with visual impairments.
d. Braille reading and writing: 3 semester hours. Includes
instruction in the various technologies used by students who use Braille; basic
instruction on transcription of advanced Braille codes, [ including
uncontracted and contracted Unified English Braille, ] including
music, foreign language, chemistry, [ computer Braille, ]
and Nemeth code (Braille mathematics code); techniques for teaching skills
in each code; and technology tools used to create Braille and tactile materials
in addition to other assistive technologies used for instruction in mathematics
and science.
e. Medical and educational implications of visual
impairment [ : 3 semester hours ]. Includes anatomy of
the human eye, normal visual development, pathology of the eye, examination
procedures for the identification of visual pathology, and the effects of
pathology on visual learning and development.
f. Assistive technology for students with sensory
impairment [ : 3 semester hours ]. Introduces specific
technology and resources available to enhance and improve ability of
individuals with sensory disabilities and includes literacy skill development
of students who are blind or visually impaired using technology.
g. Curriculum and assessment [ : 3 semester
hours ]. Includes knowledge of educational assessments used with
students with visual impairments and additional disabilities including
deaf-blindness. Addresses assessment of technology needs of students with
visual impairments, including functional vision assessments, learning media
assessments, assistive technology, and assessment in areas of the expanded core
curriculum; application of assessment results to development of the
individualized education program (IEP); planning for placement; and services
and accommodations for students with visual impairments.
h. Positive behavior intervention supports [ :
3 semester hours ]. Includes understanding of research-based,
positive behavior intervention supports and individual interventions; knowledge
of the elements of effective instructional planning, differentiation of
instruction, and other instructional approaches to enhance student engagement
and achievement; and understanding of behavior assessments, data collection and
analysis, development and monitoring of behavior intervention plans.
i. Collaboration [ : 3 semester hours ].
Includes skills in consultation, case management, co-teaching, and
collaboration that include understanding roles and responsibilities, knowledge
and application of effective communication skills, of culturally responsive
practices and strategies, and the ability to develop home, school, and
community partnerships to address the needs of students who are visually
impaired.
j. Teaching methods [ : 3 semester hours ].
[ Skills in this area include: ]
(1) [ Includes methods Methods ]
of teaching compensatory skills, the core curriculum, and technology used by
students who are blind and visually impaired; introduces individual family
service plans (IFSPs); and includes understanding and application of
development and implementation of the IEP, including service delivery,
curriculum, and instruction of students who are visually impaired.
(2) Knowledge of the general curriculum 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 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 instruction for students who are visually impaired.
(4) Ability to align the instructional practices and
intervention with the [ Virginia ] Standards of
Learning and state assessments.
(5) Ability to develop and use curriculum-based and
standardized assessments to conduct ongoing evaluations of instructional
materials and practices to assess student needs as they relate to curriculum
design and delivery.
(6) Ability to model and directly teach instructional
strategies in a variety of settings, and monitor student progress.
(7) Ability to adapt materials and procedures to meet the
needs of students with visual impairments.
k. Orientation and mobility. Includes the components of
orientation and mobility (O&M); how the need for independent travel in the
blind population created the field of O&M; and the philosophy and history
of O&M, including cane instruction, dog guides, and methods of travel.
Addresses techniques in developing orientation skills and basic mobility
instruction. Motor and concept skill development are emphasized.
8VAC20-23-530. Special education deaf and hard of hearing
preK-12.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in special
education deaf and hard of hearing; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in special education
deaf and hard of hearing or 27 semester hours in education of students who are
deaf and hard of hearing distributed in the following areas:
a. Foundations: 3 semester hours. Includes knowledge of the
foundation for educating students with disabilities; historical, ethical and
legal aspects that include understanding and application of the regulatory
requirements; and expectations associated with identification, education, and
evaluation of students with disabilities.
b. Characteristics: 3 semester hours. Includes the ability
to demonstrate knowledge of etiologies of hearing loss, definitions,
characteristics, learning, and support needs of students who are deaf and hard
of hearing from pre-K through secondary levels, who may be using various
communication modalities/languages and who may have additional disabilities.
c. Assessment and evaluation: 3 semester hours. Includes an
understanding and application of the foundation of assessment and evaluation
related to best practices, including types and characteristics of assessments,
formal and informal assessment, and the use of assessment information to
determine special education eligibility and inform service delivery,
curriculum, accommodations, instructional methods, and student progress.
Understanding comprehensive evaluation requirements, participation of students
with disabilities in state and local accountability systems, assessment
options, appropriate testing accommodations, and assessment of students from
diverse backgrounds.
d. Instructional planning: 3 semester hours. [ Includes
the following: ]
(1) Familiarity with individual family service plans
(IFSPs).
(2) An understanding and application of development and
implementation of the individualized education program (IEP) including service
delivery, curriculum, and instruction of students who are deaf and hard of
hearing and [ in ] transition.
(3) Knowledge of the general curriculum requirements and
expectations and how to provide access to the curriculum based on student
characteristics and needs.
(4) Ability to assess, interpret data, and implement
instructional practices to address the identified 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 instruction for students who are deaf and hard of
hearing.
(5) Ability to align the instructional practices and
intervention with the [ Virginia ] Standards of
Learning and state assessments.
(6) Ability to develop and use curriculum-based and
standardized assessments to conduct ongoing evaluations of instructional
materials and practices to assess student needs as they relate to the
curriculum design and delivery.
(7) Ability to model and directly teach instructional
strategies in a variety of settings, collaborate with general educators to
develop and implement instructional practices that meet the needs of students
who are deaf and hard of hearing, and monitor student progress.
e. Speech, language, and literacy development: 3 semester
hours. Includes an understanding of the normal developmental sequence of
speech, language (oral, signed, and written), auditory, and cognitive
milestones, varying methodologies and strategies used in assessing language
skills (through the air and spoken) of a student who is deaf and hard of
hearing; demonstrate skills necessary to foster and enhance language
development and communication skills in students who are deaf and hard of
hearing including American Sign Language, cued speech, and listening and spoken
language skills. Ability to model and directly teach instructional strategies
that foster language and literacy development.
f. Classroom and behavior management: 3 semester hours.
Includes an understanding and knowledge of research-based classroom management
techniques, positive behavior intervention supports and individual
interventions; and demonstrated ability to create a safe, orderly classroom
environment including classroom organization, instructional design, and
establishment of classroom routines and procedures. Knowledge of the elements
of effective instructional planning, differentiation of instruction, and other
instructional approaches to enhance student engagement and achievement.
Understanding of behavior assessments, data collection and analysis,
development, and monitoring of behavior intervention plans
g. Audiology and speech and hearing science: 3 semester
hours. Understanding of the basic principles of sound reception and production
including neuroanatomy of speech and hearing mechanisms and physical
characteristics and measurement of acoustic stimuli; biological, neurological,
and acoustic bases of communication; reading and interpreting audiograms and other
audiologic assessments used in determining eligibility; knowledge of types,
degrees, and effects of hearing loss on developmental domains; relevance of age
of onset, age of identification of hearing loss, and age of amplification and
intervention in speech and language development; ability to troubleshoot
hearing aids, external components of cochlear implants, and other assistive
listening devices; [ and ] ability to foster
development of listening skills.
h. Collaboration: 3 semester hours. Includes skills in
consultation, case management, co-teaching, and collaboration that includes
understanding roles and responsibilities, knowledge and application of
effective communication skills, of culturally responsive practices and
strategies, and the ability to develop home, school, and community partnerships
to address the needs of students who are deaf and hard of hearing.
i. Communication modalities: 3 semester hours. Includes
introduction to the various communication modalities used by students who are deaf
and hard of hearing, including listening and spoken language, cued speech,
speech reading, and through the air communication including use of American
Sign Language (ASL) and contact varieties of signed language and coursework to
learn ASL.
8VAC20-23-540. Special education early childhood (birth-age
five years).
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in early
childhood special education; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in early childhood
special education or 27 semester graduate hours in early childhood special
education, including at least one course in each of the following:
a. Foundations and legal aspects of special education: 3
semester hours;
b. Assessment for diagnosis, program planning, and
curriculum-based measurement to document progress for young children with
typical development, disabling, and at-risk conditions: 3 semester hours;
c. Curriculum and instructional programming for preschool:
3 semester hours;
d. Speech and language development and intervention: 3
semester hours;
e. Medical aspects: 3 semester hours;
f. Social and emotional skills and behavior management for
early childhood: 3 semester hours;
g. Consultation, co-teaching, coaching, and mentoring: 3
semester hours;
h. Family-centered intervention: 3 semester hours; and
i. Early childhood elective: 3 semester hours.
8VAC20-23-550. Special education – general curriculum K-12.
Endorsement requirements: The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved program in special education - general
curriculum; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed 27 semester hours in the
education of students with disabilities distributed in the following areas:
a. Core coursework: 12 semester hours distributed among the
following areas:
(1) Foundations: 3 semester hours. 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.
(2) Assessment and evaluation: 3 semester hours. Includes
an 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 the use of assessments and other information to determine special education
eligibility, service delivery, curriculum, and instruction of students with
disabilities. 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.
(3) Collaboration that includes skills in consultation,
case management, co-teaching, and collaboration: 3 semester hours. Includes
understanding roles and responsibilities, knowledge and application of
effective communication skills and of culturally responsive practices and
strategies and the ability to develop home, school, and community partnerships
to address the needs of students with disabilities.
(4) Management of classroom instruction and behaviors: 3
semester hours. Includes an understanding and knowledge of research-based
classroom management techniques, positive behavior support, and individual
interventions and a demonstrated ability to create a safe, orderly classroom
environment, including classroom organization, instructional design, and
establishment of classroom routines and procedures. Knowledge of the elements
of effective instructional planning, differentiation of instruction, and other
instructional approaches to enhance student engagement and achievement.
Understanding of behavior assessments, data collection and analysis,
development, and monitoring of behavior intervention plans.
b. General curriculum coursework: 15 semester hours
distributed in the following areas:
(1) Characteristics: 3 semester hours. Skills in this area
shall include the ability to demonstrate knowledge of definitions,
characteristics, and learning and behavioral support needs of students with
disabilities who are accessing the general education curriculum at the
elementary, middle, and high school levels, including [ but not
limited to, ] students with learning disabilities, emotional
disability, and intellectual disabilities; developmental delay; autism; other
health impairments; traumatic brain injury; and multiple disabilities.
(2) Individualized education program development and
implementation: 3 semester hours. Knowledge of the eligibility process and
legal and regulatory requirements of IEP development [ , ]
including timelines, components, team composition, and 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 Virginia 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.
(3) Transitioning: 3 semester hours. 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 that addresses an understanding of long-term planning,
career development, life skills, community experiences and resources,
self-advocacy, and self-determination, guardianship, and legal considerations.
(4) Instructional strategies in reading and writing: 3
semester hours. [ Skills in this area include: ]
(a) An understanding and application of service delivery,
curriculum, and instruction of students with disabilities in reading and
writing.
(b) Knowledge of the general curriculum, English
requirements and expectations, and how to provide access to the curriculum
based on student characteristics and needs.
(c) 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.
(d) Ability to align the instructional practices and
intervention with the Virginia Standards of Learning and state assessments.
(e) 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.
(f) 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 they relate to the curriculum design and delivery.
(g) 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.
(5) Instructional strategies in mathematics: 3 semester
hours. [ Skills in this area include: ]
(a) An understanding and application of service delivery,
curriculum, and instruction of students with disabilities in mathematics.
(b) Knowledge of the general curriculum mathematics
requirements and expectations and how to provide access to the curriculum based
on student characteristics and needs.
(c) 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.
(d) Ability to align the instructional practices and
intervention with the Virginia Standards of Learning and state assessments.
(e) 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.
(f) 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 they relate to the mathematics curriculum design and delivery.
(g) 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.
8VAC20-23-560. Special education – general curriculum K-6
(add-on endorsement).
Endorsement requirements: The candidate [ must
shall have ]:
1. [ Hold an earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with an endorsement in
elementary education [ (i.e. ], [ such
as ] early/primary education preK-3 or elementary education preK-6
[ ) ].
2. [ Have completed Completed ]
15 semester hours in the education of students with disabilities distributed
in each of the following areas:
a. Foundations: 3 semester hours. 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:
3 semester hours. Knowledge of the eligibility process and legal and regulatory
requirements of IEP development [ , ] including
timelines, components, team composition, and 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
Virginia 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: 3 semester hours. Includes an
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 the use of assessments and other information to determine special education
eligibility, service delivery, curriculum, and instruction of students with
disabilities. 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: 3
semester hours. [ Skills in this area include: ]
(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 Virginia 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 they relate 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: (3 semester
hours). [ Skills in this area include: ]
(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 Virginia 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 they relate 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. Completed a practicum of at least 45
instructional hours. This practicum shall include a minimum of 45 instructional
hours of successful teaching experiences with students with disabilities
accessing the general curriculum in a public or an accredited nonpublic school.
In lieu of the practicum, one year of successful, full-time teaching experience
with students with disabilities accessing the general curriculum in a public or
an accredited nonpublic school may be accepted provided the teacher is assigned
a mentor holding a valid license with an endorsement in special education. ]
8VAC20-23-570. Special education – general curriculum middle
grades 6-8 (add-on endorsement).
Endorsement requirements: The candidate [ must
shall have ]:
1. [ Hold an earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with an endorsement in
middle education [ (i.e. ], [ such
as ] middle education 6-8 English, middle education 6-8 history and
social sciences, middle education 6-8 mathematics, or middle education-sciences
[ ) ].
2. [ Have completed Completed ]
15 semester hours in the education of students with disabilities distributed
in each of the following areas:
a. Foundations: 3 semester hours. 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: 3 semester hours. Knowledge of the eligibility process and
legal and regulatory requirements of IEP development, including timelines,
components, team composition, and 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 Virginia 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: 3 semester hours. 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 that 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: 3
semester hours. [ Skills in this area include: ]
(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 Virginia 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, 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: (3 semester
hours). [ Skills in this area include: ]
(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 Virginia 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 they relate 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. Completed a practicum of at least 45
instructional hours. This practicum shall include a minimum of 45 instructional
hours of successful teaching experiences with students with disabilities
accessing the general curriculum in a public or an accredited nonpublic school.
In lieu of the practicum, one year of successful, full-time teaching experience
with students with disabilities accessing the general curriculum in a public or
an accredited nonpublic school may be accepted provided the teacher is assigned
a mentor holding a valid license with an endorsement in special education. ]
8VAC20-23-580. Special education – general curriculum
secondary grades 6-12 (add-on endorsement).
Endorsement requirements: The candidate [ must
shall have ]:
1. [ Hold an earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
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 Completed ]
15 semester hours in the education of students with disabilities distributed
in each of the following areas:
a. Foundations: 3 semester hours. 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: 3 semester hours. Knowledge of the eligibility process and
legal and regulatory requirements of IEP development, including timelines,
components, team composition, and 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 Virginia 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: 3 semester hours. 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 that 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: 3
semester hours. [ Skills in this area include: ]
(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 Virginia 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 they relate 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: (3 semester
hours). [ Skills in this area include: ]
(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 Virginia 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
they relate 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. Completed a practicum of at least 45
instructional hours. This practicum shall include a minimum of 45 instructional
hours of successful teaching experiences with students with disabilities
accessing the general curriculum in a public or an accredited nonpublic school.
In lieu of the practicum, one year of successful, full-time teaching experience
with students with disabilities accessing the general curriculum in a public or
an accredited nonpublic school may be accepted provided the teacher is assigned
a mentor holding a valid license with an endorsement in special education. ]
8VAC20-23-590. Speech communication (add-on endorsement).
Endorsement requirements. The candidate [ must
shall ] have:
1. [ An earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
a license issued by the Virginia Board of Education with a teaching endorsement
in a teaching area; and
2. [ A Completed a ] minimum
of 15 semester hours in speech communication.
8VAC20-23-600. Theatre arts preK-12.
A. Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in theatre
arts; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in theatre arts or 33
semester hours distributed among the following areas:
a. Directing: 6 semester hours;
b. Technical theatre: 9 semester hours;
c. Cultural context and theatre history: 3 semester hours;
d. Performance: 6 semester hours; and
e. Dramatic literature: 9 semester hours.
B. Add-on endorsement requirements in theatre arts
preK-12. The candidate [ must shall ] have:
1. [ An earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with a teaching
endorsement in a teaching area; and
2. Completed 15 semester hours distributed in the following
areas:
a. Directing: 3 semester hours;
b. Technical theatre: 3 semester hours;
c. Cultural context and theatre history: 3 semester hours;
and
d. Performance: 6 semester hours.
8VAC20-23-610. Visual arts preK-12.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in visual
arts; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in visual arts or 36
semester hours in art distributed in the following areas:
a. Two-dimensional media: 12 semester hours;
b. Three-dimensional media: 12 semester hours;
c. Cultural context and art history: 6 semester hours;
d. Evaluation and criticism and aesthetics: 3 semester
hours; and
e. Related areas of the fine arts: 3 semester hours.
Part VI
Licensure Regulations Governing Support Personnel
8VAC20-23-620. Administration and supervision preK-12.
A. An endorsement in administration and supervision
preK-12 consists of Level I, which is required to serve as a building-level
administrator or central office instructional supervisor, and Level II, which
is an optional endorsement to which an experienced building-level administrator
may aspire. Individuals [ must shall ] meet
the requirements for the administration and supervision preK-12 endorsement
through one of the four options listed in this section. A school leader's
assessment prescribed by the Virginia Board of Education [ must
shall ] be [ met passed ] for
all individuals who are seeking an initial endorsement authorizing them to
serve as principals and assistant principals in the public schools. 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
Virginia Board of Education.
B. Level I, Option I: Approved program route to Level I
administration and supervision preK-12 endorsement. To become eligible for a
Level I endorsement under this option, the candidate [ must
shall ] have:
1. Earned a master's degree from a regionally accredited
college or university;
2. Completed three years of successful, full-time
experience in a public school or accredited nonpublic school in an
instructional personnel position that requires licensure in Virginia;
3. Completed an approved program in administration and
supervision from a regionally accredited college or university;
4. Completed a deliberately structured and supervised
internship that is focused on student academic progress for all students and
that:
a. Provides significant experiences within a school
environment for candidates to synthesize and apply content knowledge and
develop professional skills through school-based leadership experiences;
b. Shall occur in a public or accredited nonpublic school;
c. Provides exposure to five different multiple sites
[ (i.e. ], [ such as ] elementary,
middle [ , ] high, central office, [ and ]
agency [ ), ] with diverse student
populations; and
d. Documents a minimum of 320 clock hours, of which 120
clock hours are embedded as experiential field-based opportunities experienced
during coursework; and
5. Satisfied the requirements for the school leaders
licensure assessment prescribed by the Virginia 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
Virginia Board of Education.
C. Level I, Option II: Alternate route to Level I
administration and supervision preK-12 endorsement restricted to the Virginia
school division in which the superintendent submitted the recommendation for
endorsement. This endorsement is valid only in the designated Virginia school
division and would not be portable or reciprocal. In order to be eligible for
Level I endorsement under this option, the candidate [ must
shall ] have:
1. Earned a master's degree from a regionally accredited
college or university;
2. Completed graduate coursework in school law, evaluation
of instruction, and other areas of study as required by an employing Virginia
school superintendent. The graduate coursework [ must
shall ] be taken from a regionally accredited college or university
that has a state-approved administration and supervision program;
3. Completed three years of successful, full-time
experience in a public school or accredited nonpublic school in an
instructional personnel position that requires licensure in Virginia;
4. Satisfied the requirements for the school leaders
licensure assessment specified by the Virginia Board of Education; and
5. Been recommended by the superintendent in the employing
Virginia school division.
D. Level I, Option III: Alternate route to Level I
administration and supervision preK-12 endorsement. In order to be eligible for
Level I endorsement under this option, the candidate [ must
shall ] have:
1. Earned a master's degree from a regionally accredited
college or university;
2. Completed graduate coursework in school law, evaluation
of instructional personnel, special education, school finance, educational
leadership, and other areas of study as required by an employing Virginia
school superintendent, and the graduate coursework [ must
shall ] be taken from a regionally accredited college or university
that has a state-approved administration and supervision program, or the
candidate [ must shall ] have completed
school law, school finance, and a research-based program approved by the
Virginia Department of Education that includes organizational leadership,
instructional leadership, instructional practices in content areas, data
utilization, evaluation and instructional coaching, and creating positive
school cultures;
3. Completed three years of successful, full-time
experience in a public school or accredited nonpublic school in an
instructional personnel position that requires licensure in Virginia;
4. Satisfied the requirements for the school leaders
licensure assessment specified by the Virginia Board of Education; and
5. Been recommended by the superintendent in the employing
Virginia school division.
E. Level I, Option IV: Out-of-state administration and
supervision endorsement. Virginia does not issue a stand-alone license in
administration and supervision. The endorsement is added to a license. The
candidate [ must shall ] have:
1. Earned a master's degree from a regionally accredited
college or university;
2. Completed three years of successful, full-time
experience in a public school or accredited nonpublic school in an
instructional personnel position;
3. Satisfied the requirements for the school leaders
licensure assessment specified by the Virginia Board of Education; and
4. A current, valid out-of-state license, [ which
is (with ] full credential [ ) ],
with an endorsement in administration and supervision or completed an approved
program in administration and supervision from a regionally accredited college
or university leading to an endorsement as a building-level administrator.
F. Level II: Principal of Distinction endorsement in
administration and supervision preK-12. A building-level administrator may seek
the Principal of Distinction, Level II endorsement in administration and
supervision preK-12 after successfully serving as a building-level
administrator for at least five years in a public school or an accredited
nonpublic school and successfully completing a formal induction program as a
principal or assistant principal. In order to earn the Principal of
Distinction, Level II endorsement, the candidate [ must
shall ] meet two or more of the following criteria as specified by
the Virginia Board of Education and documented in a Virginia Department of
Education approved format and be recommended by the employing Virginia school
division superintendent:
1. Evidence of improved student achievement;
2. Evidence of effective instructional leadership;
3. Evidence of positive effect on school climate or
culture;
4. Earned doctorate in educational leadership or evidence
of formal professional development in the areas of school law, school finance,
supervision, human resource management, and instructional leadership; or
5. Evidence of [ a ] completion
of a high-quality professional development project designed by the division
superintendent.
8VAC20-23-630. Division Superintendent License.
An individual may be a candidate for the list of eligible division
superintendents and the renewable Division Superintendent License through the
completion of the requirements in one of the following four options:
1. Option I. The individual [ must
shall have ]:
a. [ Hold an earned Earned a ]
doctorate degree in educational administration or educational leadership
from a regionally accredited college or university; and
b. [ Have completed Completed ]
five years of educational experience in a public or an accredited nonpublic
school, two of which [ must shall ] be successful,
full-time teaching experience at the preK-12 level and two of which [ must
shall ] be in administration and supervision at the preK-12 level.
2. Option II. The individual
[ must shall have ]:
a. [ Hold an earned Earned a ]
master's degree from a regionally accredited college or university and
[ successfully ] completed 30 graduate semester hours
beyond the conferral date of the master's degree; and
b. [ Have completed Completed ]
requirements for administration and supervision preK-12 endorsement that
includes the demonstration of competencies in the following areas:
(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 yields
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 programs;
(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 Virginia's 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 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 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 Ability to
identify ] and respond to internal and external forces and
influences on a school;
(c) [ Identify Ability to
identify ] and apply the processes of educational policy
development at the state, local, and school level; and
(d) [ Identify Ability to identify ]
and demonstrate ways to influence educational policy development at the
state, local, and school level.
3. Option III. The individual [ must
shall have ]:
a. [ Hold an earned Earned a ]
master's degree from a regionally accredited college or university;
b. [ Hold a A ] current,
valid out-of-state license with an endorsement as a division or district
superintendent; and
c. [ Have completed Completed ]
five years of [ successful ] educational experience
in a public or an accredited nonpublic school, two of which must be [ successful, ]
full-time teaching experience at the preK-12 level and two of which must be
in [ successful ] administration and
supervision.
4. Option IV. The individual [ must
shall have ]:
a. [ Hold an earned Earned a ]
master's degree or its equivalent from a regionally accredited college or
university;
b. [ Have held A minimum of three
years of successful, full-time experience in ] a senior leadership
position [ , ] such as chief executive officer or
senior military officer; and
c. Be recommended by a [ Virginia ] school
board interested in employing the individual as superintendent.
8VAC20-23-640. Mathematics specialist for elementary
education.
Endorsement requirements. The candidate [ must
shall ] have:
[ 1. Earned a baccalaureate degree from a
regionally accredited college or university and an endorsement in a teaching
area;
2. 1. ] Completed at least three
years of successful, full-time teaching experience in a public or accredited
nonpublic school in which the teaching of mathematics was an important
responsibility; and
[ 3. 2. ]
Either:
a. Graduated from [ an a
graduate-level ] approved mathematics specialist [ for ]
elementary [ education ] preparation program - master's
[ level degree from a regionally accredited college or
university required ]; or
b. Completed a [ master's
graduate- ] level program in mathematics, mathematics education, or
related education field [ - master’s degree from a regionally
accredited college or university required - ] with at least 21
semester hours undergraduate or graduate mathematics coursework distributed in
the following areas: (i) number and operations; (ii) rational numbers; (iii)
geometry and measurement; (iv) probability and statistics; (v) algebra and
functions; and (vi) at least nine semester hours of graduate coursework
pertaining to mathematics education in mathematics instructional leadership,
evaluation of mathematics curriculum and instruction, mathematical learning theory,
and student assessment for mathematics.
8VAC20-23-650. Mathematics specialist for [ elementary
and ] middle education.
Endorsement requirements. The candidate [ must
shall ] have:
[ 1. Earned a baccalaureate degree from a
regionally accredited college or university and an endorsement in a teaching
area;
2. 1. ] Completed at least three
years of successful, full-time teaching experience in a public or accredited
nonpublic school in which the teaching of mathematics was an important
responsibility;
[ 3. Hold 2. A Virginia license with a
Mathematics – algebra I (add-on) or mathematics (secondary) ] teaching
endorsement (6-12); and
[ 4. 3. ] Either:
a. Graduated from [ an a
graduate-level ] approved mathematics specialist [ for
elementary and ] middle education preparation program - master's
[ level degree from a regionally accredited college or
university required ]; or
b. Completed a [ master's
graduate- ] level program in mathematics, mathematics education, or
related education field [ - master's degree from a regionally
accredited college or university required - ] with at least 21
semester hours of undergraduate or graduate mathematics coursework distributed
in the following areas; (i) number and operations; (ii) rational numbers; (iii)
geometry and measurement; (iv) probability and statistics; (v) algebra and
functions; and (vi) at least nine semester hours of graduate coursework
pertaining to mathematics education in mathematics instructional leadership,
evaluation of mathematics curriculum and instruction, mathematical learning
theory, and student assessment for mathematics.
8VAC20-23-660. Reading specialist.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Completed Graduated from ]
a [ state-approved ] graduate-level reading specialist
[ state-approved ] preparation program - master's
degree [ from a regionally accredited college or university ]
required - that includes course experiences of at least 30 semester hours of
graduate coursework in the competencies for the endorsement, as well as a
practicum experience in the diagnosis and remediation of reading difficulties
[ .; ]
2. Satisfied the requirements for the reading specialist
assessment specified by the Virginia Board of Education [ .;
and ]
3. At least three years of successful classroom teaching
experience in which the teaching of reading was an important responsibility.
8VAC20-23-670. School counselor preK-12.
Endorsement requirements.
1. Option I. The candidate [ must
shall ] have:
a. Earned a master's degree from a regionally accredited
college or university [ and completed an approved in
a state-approved ] school counselor preparation program that shall
include at least 100 clock hours of internship and practicum experiences in the
preK-6 setting and 100 clock hours of internship and practicum experiences in
the grades 7-12 setting; and
b. Two years of successful, full-time teaching experience
or two years of successful, full-time experience in school counseling in a
public or an accredited nonpublic school. Two years of successful, full-time
experience in school counseling in a public or an accredited nonpublic school
under a [ nonrenewable ] Provisional License may be
accepted to meet this requirement.
2. Option II. The candidate [ must
shall ] have:
a. Earned a master's degree from a regionally accredited
college or university and completed an approved school counselor preparation
program that shall include at least 100 clock hours of internship and practicum
experiences in the preK-6 setting and 100 clock hours of internship and
practicum experiences in the grades 7-12 setting; and
b. Two years of successful, full-time teaching experience
or two years of successful, full-time experience in school counseling in a
public or an accredited nonpublic school. Two years of successful, full-time
experience in school counseling in a public or an accredited nonpublic school
under a nonrenewable Provisional License may be accepted to meet this
requirement.
8VAC20-23-680. School manager license.
A. The school manager license is intended to provide for
the differentiation of administrative responsibilities in a school setting. A
school manager is licensed to administer noninstructional responsibilities in
an educational setting. For example, a school manager is restricted from evaluating
teachers, supervising instruction, developing and evaluating curriculum, and
serving as a school's student disciplinarian.
B. To earn a school manager license, the candidate
[ must shall ]:
1. Have earned a baccalaureate degree from a regionally
accredited college or university;
2. Have three years successful, full-time managerial
experience; and
3. Be recommended for the license by a Virginia school
division superintendent.
8VAC20-23-690. School psychology.
Endorsement requirements:
1. Option I. The candidate [ must
shall ]:
a. Complete an approved program in school psychology;
b. Earn a baccalaureate degree from a regionally accredited
college or university and complete 60 graduate-level hours, 54 of which are
academic coursework, exclusive of field-based experiences, that culminate in at
least a master's degree; and
c. 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, that is, 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
a public or ] accredited [ nonpublic ] school
setting.
2. Option II. The candidate [ must
shall ] hold a currently valid certificate issued by the National
School Psychology Certification Board.
8VAC20-23-700. School social worker.
Endorsement requirements. The candidate [ must
shall ] have:
1. 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-level semester hours;
[ or earned an advanced standing master's of social work degree from a
regionally accredited college or university with a minimum of 30 graduate-level
semester hours; ]
2. A minimum of six graduate semester hours in education to
include six semester hours from two of the following courses:
a. [ The Foundations of education
and 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).
3. Completed a supervised practicum or field experience of
a minimum of 400 clock hours in a public or an 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 an accredited
nonpublic school may be accepted in lieu of the school social work practicum.
8VAC20-23-710. Vocational evaluator.
Endorsement requirements:
1. Option I. The candidate [ must
shall ] be certified as a vocational evaluation specialist by
holding a professional vocational evaluator (PVE) credential or a certified
vocational evaluator (CVE) specialist credential, meeting all standards and
criteria of the Commission on Certification of Work Adjustment and Vocational
Evaluation Specialists (CCWAVES).
2. Option II. The candidate [ must
shall ] have earned a master's degree in vocational evaluation,
career and technical education, special education, or rehabilitation counseling
[ from a regionally accredited college or university ] and
completed 15 graduate semester hours distributed in the following areas:
a. Tests and measurements: 3 semester hours;
b. Medical and educational aspects of disability: 3
semester hours;
c. Occupational information and job analysis: 3 semester
hours;
d. Purposes and practices of vocational evaluation: 3
semester hours; and
e. Career, life planning, and transition services: 3
semester hours.
Part VII
Revocation, Cancellation, Suspension, Denial, and Reinstatement of [ Teaching ]
Licenses
8VAC20-23-720. Revocation.
A. A license issued by the Virginia Board of Education may
be revoked for the following reasons:
1. Obtaining or attempting to obtain [ such
a ] license by fraudulent means or through misrepresentation of
material facts;
2. Falsification of school records, documents, statistics,
or reports;
3. Conviction of any felony;
4. Conviction of any misdemeanor involving moral turpitude;
5. Conviction of any misdemeanor involving a [ student
or ] minor [ child or drugs, not including alcohol ];
6. [ Conviction of any misdemeanor
involving drugs (not alcohol);
7. ] Conduct with direct and detrimental effect
on the health, welfare, discipline, or morale of [ students
a student or minor ];
[ 7. 8. ] Misapplication of
or failure to account for school funds or other school properties with which
the licensee has been entrusted;
[ 8. 9. ] Acts related to
secure mandatory tests as specified in subsection A of § 22.1-292.1 of the
Code of Virginia;
[ 9. 10. ] Knowingly and
willfully with the intent to compromise the outcome of an athletic competition
procure, sell, or administer anabolic steroids or cause such drugs to be
procured, sold, or administered to a student who is a member of a school
athletic team, or fail to report the use of such drugs by a student to the
school principal and division superintendent as required by clause (iii) of
subsection A of § 22.1-279.3:1 of the Code of Virginia. Any person whose
license is suspended or revoked by the board pursuant to this section shall be
ineligible for three school years for employment in the public schools of the
Commonwealth;
[ 10. 11. ] Revocation,
suspension, surrender, cancellation, invalidation, or denial of, or other
adverse action against, a teaching, administrator, pupil personnel services, or
other education-related certificate or license by another state, territory, or
country; [ or denial of an application for any such certificate or
license; ]
[ 11. 12. ] Founded case of
child abuse or neglect after all [ appeal rights
administrative appeals ] have been exhausted;
[ 12. 13. ] Notification of
dismissal or resignation pursuant to subsection F of § 22.1-313 of the
Code of Virginia; or
[ 13. 14. ] Other good and
just cause in the best interest of the public schools of the Commonwealth of
Virginia.
B. Procedures.
1. A complaint may be filed by anyone, but it shall be the
duty of a division superintendent, principal, or other responsible school
employee to file a complaint in any case in which he has knowledge that a
[ holder of a license is guilty of any offense basis for
the revocation of a license exists, as ] set forth in subsection A
of this section. The person making the complaint shall submit the complaint in
writing to the appropriate division superintendent. [ If the
subject of the complaint is the division superintendent, the person making the
complaint may submit the complaint to the chair of the local school board. ]
2. Upon receipt of the complaint against the holder of a
license, a division superintendent or his duly authorized representative shall
[ immediately and thoroughly ] investigate the complaint.
If, on the basis of such investigation, the division superintendent finds the
complaint to be without merit, he shall so notify the complaining party or
parties in writing and then close his file on the matter. This action shall be
final unless the local school board, on its own motion, votes to proceed to a
hearing on the complaint.
C. Petition for revocation. Should the division
superintendent or local school board conclude that there is reasonable cause to
believe that a [ complaint against the holder of a license is
well founded basis for revocation of the license exists ],
the license holder shall be notified of the complaint by a written petition for
revocation of a license signed by the division superintendent. A copy of such
petition shall be sent by certified mail, return receipt requested, to the
license holder's last known address.
D. Form of petition. The petition for the revocation of a
license shall set forth:
1. The name and last known address of the person against
whom the petition is being filed;
2. The type of license and the license number held by the
person against whom the petition is being filed;
3. The [ offenses alleged basis
for revocation ] and the specific [ underlying alleged ]
actions [ that comprise the alleged offenses ];
4. A statement of rights of the person [ charged
under this chapter against whom the petition is being filed ].
The statement of rights shall [ notify the person that any adverse
action against a license, including revocation, will be reported to the
division superintendents in Virginia and, through a national clearinghouse, to
chief state school officers of the other states and territories of the United
States. The statement also shall ] include notification to the
person of the right to cancel the license if he chooses not to contest the
allegations in the petition. The statement [ must
shall ] notify the individual that he shall receive a notice of
cancellation that will include the statement: "The license holder
voluntarily returned the license in response to a petition for
revocation." The individual also shall be notified that the cancellation
of the license will be reported to division superintendents in Virginia and
[ , through a national clearinghouse, ] to chief state
school officers of the other states and territories of the United States; and
5. Any other pertinent information.
E. Filing of petition. The original petition shall be
entered in the files of the local school board where the license holder is or
was last employed.
F. Response to petition. The license holder shall present
his written answer to the petition, if any, within 14 days of delivery or
attempted delivery of the petition as certified by the United States Postal
Service.
1. If the license holder does not wish to contest the
allegations in the petition, he may [ cancel request
cancellation of ] the license by [ returning
the license to the division superintendent with submitting ] a
written, signed statement requesting cancellation in response to a petition for
revocation. The division superintendent shall forward the request for
cancellation along with the petition for revocation to the Superintendent of
Public Instruction within 14 days of receipt. The Superintendent of Public
Instruction shall cancel the license and send a notice of cancellation to the
person by certified mail within 14 days of receipt of the request for
cancellation.
2. If the license holder files a written answer admitting
or denying the allegations in the petition or fails to file a written answer
within 14 days of delivery or attempted delivery of the petition [ , ]
as certified by the United States Postal Service, the local school board
shall [ promptly ] proceed to a hearing
[ within 90 days of mailing the petition to the license holder and
provide the Superintendent of Public Instruction a copy of the petition and
investigative file at the time the local school board hearing is scheduled ].
The local school board shall provide a hearing at the time and place of its
regular meeting or at such other reasonable time and place it may specify. The
license holder or his representative, if any, shall be given at least 14 days'
notice of the hearing.
3. At the hearing, the local school board shall receive the
recommendation of the division superintendent and then either deny the petition
or recommend license revocation or suspension. A decision to deny the petition
shall be final, except as specified in subsection G of this section, and the
investigative file on the petition shall be closed and maintained as a separate
file. Any record or material relating to the allegations in the petition shall
be placed in the investigative file. Should the local school board recommend
the revocation or suspension of a license, the division superintendent shall
forward the recommendation [ , petition, ] and
[ the ] investigative file to the Superintendent of
Public Instruction within 14 days.
G. Revocation on motion of the Virginia Board of
Education. The Virginia Board of Education reserves the right to act directly
to revoke a license when the Virginia Board of Education has reasonable cause
to believe that subsection A of this section is applicable. The Superintendent
of Public Instruction may send a petition for revocation to the license holder
as provided by subsection D of this section. The license holder shall have the
opportunity to [ respond present his written answer,
if any, ] to the petition [ or request cancellation
of the license ] within 14 days of delivery or attempted
delivery of the petition, as certified by the United States Postal Service.
1. [ If the license holder does not wish to
contest the allegations in the petition, he may request the cancellation of the
license by submitting a written, signed statement requesting cancellation in
response to a petition for revocation. The Superintendent of Public Instruction
shall cancel the license and send a notice of cancellation to the person by certified
mail within 14 day of receipt of the request for cancellation.
2. ] If the license holder files a written
answer admitting the allegations in the petition or fails to file a written
answer within 14 days of delivery or attempted delivery of the petition
[ , ] as certified by the United States Postal Service, the
petition shall be forwarded to the Virginia Board of Education for action. No
revocation will be ordered without the involved license holder being given the
opportunity to appear at a hearing specified in 8VAC20-23-780 C.
[ 2. 3. ] If the license
holder timely files his written answer denying the allegations in the petition,
the Superintendent of Public Instruction shall schedule a hearing with the
investigative panel provided in 8VAC20-23-780 A. The license holder or his
representative, if any, shall be given at least 14 days' notice of the hearing.
The investigative panel shall take action on the petition as specified in
8VAC20-23-780 A. No revocation will be ordered without the involved license
holder being given the opportunity to appear at a hearing specified in
8VAC20-23-780 C.
H. Reinstatement of license. A license that has been
revoked may be reinstated by the Virginia Board of Education after five years
if the board is satisfied that reinstatement is in the best interest of the
public schools of the Commonwealth of Virginia. The individual seeking
reinstatement [ must shall ] submit a
written request and completed application to the board. [ The
request for reinstatement will be reviewed by the Superintendent of Public
Instruction's investigative panel pursuant to 8VAC20-23-780. ] Notification
to all appropriate parties will be communicated in writing by the Virginia
Department of Education.
8VAC20-23-730. Cancellation.
A. A license may be canceled by the voluntary return of
the license by the license holder [ in response to a petition for
revocation or suspension or pursuant to a court order ]. Reasons
for cancellation are the same as those listed under 8VAC20-23-720 A.
B. The individual may voluntarily return the license to
the division superintendent or the Superintendent of Public Instruction with a
written, signed statement requesting cancellation. The individual shall
acknowledge in the request that he understands that the notice of cancellation
will include the statement: "The license holder voluntarily [ returned
surrendered ] his teaching license and requested cancellation.
Reasons for cancellation are the same as those for revocation."
[ However, if the request for cancellation is in response to a
petition for revocation, the The ] individual shall
[ also ] acknowledge that he understands that the notice of
cancellation will include the statement: "The license holder voluntarily
[ returned surrendered ] the license in
response to a petition for revocation [ or suspension or a court
order ]." The individual also shall acknowledge that he
understands that the cancellation of the license will be reported to division
superintendents in Virginia and [ , through a national
clearinghouse, ] to chief state school officers of the other states
and territories of the United States. The division superintendent shall forward
any request for cancellation and, if applicable, the petition for revocation
[ or suspension ] to the Superintendent of Public
Instruction within 14 days of receipt. The Superintendent of Public Instruction
shall cancel the license and send the person a notice of cancellation by
certified mail within 14 days of receipt of the request for cancellation.
C. A license that has been canceled may be reinstated by
the Virginia Board of Education if the board is satisfied that reinstatement is
in the best interest of the public schools of the Commonwealth of Virginia. The
individual seeking reinstatement [ must shall ]
submit a written request and completed application to the board. [ The
request for reinstatement will be reviewed by the Superintendent of Public
Instruction's investigative panel pursuant to 8VAC20-23-780 A. ]
Notification to all appropriate parties will be communicated in writing by
the Virginia Department of Education.
8VAC20-23-740. Suspension.
A. A license may be suspended for the following reasons:
1. Physical, mental, or emotional incapacity as shown by a
competent medical authority;
2. Incompetence or neglect of duty;
3. Failure or refusal to comply with school laws and
regulations, including willful violation of contractual obligations;
4. Acts related to secure mandatory tests as specified in
subsection A of § 22.1-292.1 of the Code of Virginia;
5. Knowingly and willfully with the intent to compromise
the outcome of an athletic competition procure, sell, or administer anabolic
steroids or cause such drugs to be procured, sold, or administered to a student
who is a member of a school athletic team, or fail to report the use of such
drugs by a student to the school principal and division superintendent as
required by clause (iii) of subsection A of § 22.1-279.3:1 of the Code of
Virginia. Any person whose license is suspended or revoked by the board pursuant
to this section shall be ineligible for three school years for employment in
the public schools of the Commonwealth; or
6. Other good and just cause in the best interest of the
public schools of the Commonwealth of Virginia.
B. Procedures.
1. A complaint may be filed by anyone, but it shall be the
duty of a division superintendent, principal, or other responsible school
employee to file a complaint in any case in which he has knowledge that
[ the license holder has committed any offense a basis
for suspension exists, as ] set forth in subsection A of this
section. The person making the complaint shall submit the complaint in writing
to the appropriate division superintendent. [ If the subject of the
complaint is the division superintendent, the person making the complaint may
submit the complaint to the chair of the local school board. ]
2. Upon receipt of the complaint against the holder of a
license, a division superintendent or his duly authorized representative shall
[ immediately and thoroughly ] investigate the complaint.
If, on the basis of such investigation, the division superintendent finds the
complaint to be without merit, he shall so notify the complaining party or
parties in writing and then close his file on the matter. This action shall be
final unless the local school board on its own motion votes to proceed to a
hearing on the complaint.
C. Petition for suspension. Should the division
superintendent or local school board conclude that there is reasonable cause to
believe that a [ complaint against the holder of a license is
well founded basis for suspension of the license exists ],
the license holder shall be notified of the complaint by a written petition for
suspension of a license signed by the division superintendent. A copy of such
petition shall be sent by certified mail, return receipt requested, to the
license holder's last known address.
D. Form of petition. The petition for the suspension of a
license shall set forth:
1. The name and last known address of the person against
whom the petition is being filed;
2. The type of license and the license number held by the
person against whom the petition is being filed;
3. The [ offenses alleged basis
for suspension ] and the specific [ underlying alleged ]
actions [ that comprise the alleged offenses ];
4. A statement of the rights of the person against whom the
petition is being filed. The statement of rights shall notify the person
[ that the license may be suspended for up to five years with the
period of suspension, as determined by the Virginia Board of Education. In
addition, the statement shall notify the person that any adverse action against
a license, including suspension, will be reported to the division
superintendents in Virginia and, through a national clearinghouse, to chief
state school officers of the other states and territories of the United States.
The statement also shall notify the person ] of the right to cancel
the license if he chooses not to contest the allegations in the petition
[ . The statement also shall notify the individual that the license
may be suspended for up to five years and that and notify the individual
that if he cancels the license, ] he shall receive a notice of
cancellation that will include the statement: "The license holder
voluntarily returned the license in response to a petition for
suspension." The individual also shall be notified that the cancellation
[ and period of suspension ] will be reported to
division superintendents in Virginia and [ , through a national
clearinghouse, ] to chief state school officers of the other states
and territories of the United States; and
5. Any other pertinent information.
E. Filing of petition. The original petition shall be
entered in the files of the local school board where the license holder is or
was last employed.
F. Response to petition. The license holder shall present
his written answer to the petition, if any, within 14 days of delivery or
attempted delivery of the petition, as certified by the United States Postal
Service.
1. If the license holder does not wish to contest the
allegations in the petition, he may [ cancel request
cancellation of ] the license by [ returning the
license to the division superintendent with submitting ] a
written and signed statement requesting cancellation [ in response
to a petition for suspension to the division superintendent ]. The
division superintendent shall forward the request for cancellation along with
the petition for suspension to the Superintendent of Public Instruction within
14 days of receipt. The Superintendent of Public Instruction shall cancel the
license and send the person a notice of cancellation [ to the
person ] by certified mail within 14 days of receipt of the request
for cancellation.
2. If the license holder files a written answer admitting
or denying the allegations in the petition or fails to file a written answer
within 14 days of delivery or attempted delivery of the petition [ , ]
as certified by the United States Postal Service, the local school board
shall promptly proceed to a hearing. The local school board shall provide a
hearing at the time and place of its regular meeting or at such other
reasonable time and place it may specify. The license holder or his
representative, if any, shall be given at least 14 days' notice of the hearing.
3. At its hearing, the local school board shall receive the
recommendation of the division superintendent and then either deny the petition
or recommend suspension. A decision to deny the petition shall be final, except
as specified in subsection G of this section, and the investigative file on the
petition shall be closed and maintained as a separate file. Any record or
material relating to the allegations in the petition shall be placed in the
investigative file. Should the local school board recommend the suspension of a
license, the division superintendent shall forward the recommendation and the
investigative file to the Superintendent of Public Instruction within 14 days.
G. Suspension on motion of the Virginia Board of
Education. The Virginia Board of Education reserves the right to act directly
to suspend a license when the Virginia Board of Education has reasonable cause
to believe that subsection A of this section is applicable. The Superintendent
of Public Instruction may send a petition for suspension to the license holder
as specified in subsection D of this section. The license holder shall have the
opportunity to [ respond present his written answer ]
to the petition [ or request cancellation of the license,
if any, ] within 14 days of delivery or attempted delivery of the
petition, as certified by the United States Postal Service.
1. [ If the license holder does not wish to
contest the allegations in the petition, he may request cancellation of the
license by submitting a written, signed statement requesting cancellation in
response to a petition for suspension. The Superintendent of Public Instruction
shall cancel the license and send a notice of cancellation to the person by
certified mail within 14 days of receipt of their request for cancellation.
2. ] If the license holder files a written
answer admitting the allegations in the petition or fails to file a written
answer within 14 days of delivery or attempted delivery of the petition
[ , ] as certified by the United States Postal Service, the
petition shall be forwarded to the Virginia Board of Education for action. No
suspension will be ordered without the involved license holder being given the
opportunity to appear at a hearing specified in 8VAC20-23-780 C.
[ 2. 3. ] If the license
holder timely files his written answer denying the allegations in the petition,
the Superintendent of Public Instruction shall schedule a hearing with the
investigative panel provided in 8VAC20-23-780 A. The license holder or his
representative, if any, shall be given at least 14 days' notice of the hearing.
The investigative panel shall take action on the petition as specified in
8VAC20-23-780 A. No suspension will be ordered without the involved license
holder being given the opportunity to appear at a hearing specified in
8VAC20-23-780 C.
H. Reinstatement of license. A license may be suspended
for a period of time not to exceed five years. The license may be reinstated by
the Superintendent of Public Instruction, upon written request and application,
with verification that all [ requirements for license renewal
all conditions for licensure ] have been satisfied.
Notification to all appropriate parties will be communicated in writing by the
Virginia Department of Education.
8VAC20-23-750. Denial.
[ A. ] A license may be denied for the
following reasons:
1. Attempting to obtain [ such a ]
license by fraudulent means or through misrepresentation of material facts;
2. Falsification of records or documents;
3. Conviction of any felony;
4. Conviction of any misdemeanor involving moral turpitude;
5. Conviction of any misdemeanor involving a [ minor
child or drugs, not including alcohol student or minor ];
6. [ Conviction of any misdemeanor involving
drugs (not alcohol);
7. ] Conduct with [ a ]
direct and detrimental effect on the health, welfare, discipline, or morale
of [ students a student or minor ];
[ 7. 8. ] Revocation,
suspension, surrender, cancellation, invalidation, or denial of, or other
adverse action against, a teaching, administrator, pupil personnel services, or
other education-related certificate or license by another state, territory, or
country [ , or denial of an application for any such certificate or
license ];
[ 8. 9. ] Founded case of
child abuse or neglect, after all [ appeal rights
administrative appeals ] have been exhausted; or
[ 9. 10. ] Other good and
just cause in the best interest of the public schools of the Commonwealth of
Virginia.
[ B. Any denial of a license for a reason set forth
in 8VAC20-23-750 A shall be reported to division superintendents in Virginia
and, through a national clearinghouse, to chief state school officers of the
other states and territories of the United States. ]
8VAC20-23-760. Expired [ licenses
license ].
[ A. The holder of a license that has expired must
apply for a license according to the procedures set forth in 8VAC20-23-40 or
8VAC20-23-110. Such application may be denied renewal by the Superintendent of
Public Instruction for any of the reasons specified in 8VAC20-23-750. No such
denial will be ordered unless the license holder is given the opportunity for
the hearing specified in 8VAC20-23-780 C.
B. A Action against a ] license
issued by the Virginia Board of Education may be [ revoked or
suspended taken ] for any of the reasons listed in 8VAC20-23-720
A [ or, ] 8VAC20-23-740 A, [ or
8VAC20-23-750 A ] even if the license is expired, as long as the
basis for action occurred prior to the issuance of the license or while the
license was active.
8VAC20-23-770. Right to counsel and transcript.
A license holder or applicant shall have the right, at his
own expense, to be represented by an attorney or other representative at (i)
any local school board hearing provided for in 8VAC20-23-720 F 2 or
8VAC20-23-740 F 2, (ii) [ the ] investigative panel
hearing provided for in 8VAC20-23-780 A, or (iii) [ in ] proceedings
before the Virginia Board of Education as specified in 8VAC20-23-780 C. The
hearing before the local school board provided for in 8VAC20-23-720 F 2 or
8VAC20-23-740 F 2 and the investigative panel hearing provided for in
8VAC20-23-780 A shall be recorded, and [ , ] upon
written request [ , ] the license holder or applicant
shall be provided a transcript of the hearing at his own expense. Any such
hearing before the Virginia Board of Education shall be recorded, and
[ , ] upon written request [ , ] the
license holder or applicant shall be provided a transcript of the hearing at no
charge.
8VAC20-23-780. Action by the Superintendent of Public
Instruction and the Virginia Board of Education.
A. Upon receipt of a petition, the Superintendent of
Public Instruction will ensure that an investigative panel at the state level
reviews the petition. The panel shall consist of three to five members selected
by the Superintendent of Public Instruction. The applicant or license holder
shall be given at least 14 days' notice of the date, time, and location of the
investigative panel hearing when his case will be considered. The Virginia
Department of Education shall ensure that the applicant or license holder receives
all documentation that will be used during the investigative panel hearing
prior to the hearing. Representatives of the local school division and the
applicant or license holder are entitled to be present with counsel and
witnesses if so desired. The investigative panel hearing shall be recorded. The
recommendation of the investigative panel is made to the Superintendent of
Public Instruction who will forward his recommendation and the documentation
used during the investigative panel hearing to the Virginia Board of Education
or its duly designated committee [ for consideration ] at
one of its scheduled meetings. The applicant or license holder shall be given
at least 14 days' notice of the Virginia Board of Education meeting when his
case will be considered. Following the investigative panel hearing, the
Virginia Department of Education shall forward the recommendation of the
investigative panel to the applicant or license holder as soon as practicable,
but no later than 14 days prior to the scheduled Virginia Board of Education
meeting when his case will be considered.
B. The Superintendent of Public Instruction is authorized
to approve the issuance of licenses for individuals who have a misdemeanor
[ convictions conviction ] related to drugs,
not including alcohol, based on a review of the cases. No individual
[ would will ] be denied a license without a
hearing of the Virginia Board of Education as required in this section.
C. [ The applicant or license holder and
representatives of the local school division are entitled to be present with
counsel and witnesses, if so desired, at the hearing of the Virginia Board of
Education. ] The Virginia Board of Education, or its duly
designated committee, shall consider the recommendation of the Superintendent
of Public Instruction and such relevant and material evidence as the applicant
or license holder [ and representative of the local school division ]
may desire to present at the hearing. At its discretion, the Virginia Board
of Education may ask the applicant or license holder questions. At the
conclusion of the hearing, the Virginia Board of Education will announce its
decision.
D. The decision of the Virginia Board of Education shall
be recorded in the minutes of the meeting, and the applicant or license holder
and principal complainants will receive written notice of the decision.
8VAC20-23-790. Right of applicant or license holder to
appear at hearing.
An applicant or a license holder shall have the right to
appear in person at the hearings held by the local school board, [ the
Superintendent's Investigative Panel, ] Virginia Board of
Education, or board committee described in this part unless he is confined to
jail or a penal institution. The local school board or Virginia Board of
Education, at its discretion, may continue such hearings for a reasonable time
if the applicant or license holder is prevented from appearing in person for
reasons such as [ a ] documented medical [ condition ]
or mental impairment.
8VAC20-23-800. Notification.
Notification of the revocation, suspension, cancellation,
denial, or reinstatement of a license shall be made by the Superintendent of
Public Instruction, or his designee, to division superintendents in Virginia
and [ , through a national clearinghouse, ] to chief
state school officers of the other states and territories of the United States.
VA.R. Doc. No. R13-3476; Filed July 3, 2018, 11:22 a.m.
TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Final Regulation
Titles of Regulations: 8VAC20-22. Licensure
Regulations for School Personnel (repealing 8VAC20-22-10 through
8VAC20-22-760).
8VAC20-23. Licensure Regulations for School Personnel (adding 8VAC20-23-10 through 8VAC20-23-800).
Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the
Code of Virginia.
Effective Date: August 23, 2018.
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.
Summary:
The regulatory action repeals the existing regulation
(8VAC20-22) and adopts a new regulation (8VAC20-23) regarding licensure for
school personnel to align the regulation with recent changes in the Code of
Virginia, current best practices in education, current educational research, and
the revised Virginia Standards of Learning and the Guidelines for Uniform
Performance Standards and Evaluation Criteria for Teachers.
Substantive elements of the regulations (i) revise selected
definitions to conform with changes in the regulations; (ii) modify prescribed
licensure requirements, including reducing the number of years of work
experience required for a career switcher provisional license from five to
three and extending the international educator license from three to five
years; (iii) add new endorsement areas in mathematics, engineering, and special
education; and (iv) increase rigor in the requirements for selected endorsement
areas.
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.
CHAPTER 23
LICENSURE REGULATIONS FOR SCHOOL PERSONNEL
Part I
Definitions
8VAC20-23-10. Definitions.
The following words and terms when used in this chapter
shall have the meanings indicated unless the context clearly implies otherwise:
"Accredited institution" means an institution of
higher education accredited by a regional accrediting agency recognized by the
United States Department of Education.
"Accredited virtual school or program" means a
virtual school or program accredited by one of the accrediting agencies
recognized by the Virginia Department of Education. [ School
divisions operating as multi-division online providers may be deemed as meeting
accreditation requirements if a majority of their schools are fully accredited
by the Virginia Board of Education. ]
"Alternate route to licensure" means a
nontraditional route to licensure available to individuals who meet the
criteria specified in 8VAC20-23-90.
"Approved program" means a professional
education program recognized as meeting state standards for the content and
operation of such programs so that graduates of the program will be eligible
for state licensure. The Virginia Board of Education has the authority to
approve programs in Virginia.
"Cancellation" means the withdrawal of a
[ teaching ] license following the voluntary return
of the license by the license holder.
"Certified [ program ] provider"
means a provider certified by the Virginia Department of Education to provide
preparation and training for applicants seeking the Provisional License
specified in 8VAC20-23-90.
"Collegiate Professional License" means a
five-year, renewable [ teaching ] license available to
an individual who has satisfied all requirements for licensure set forth in
this chapter, including an earned baccalaureate degree from a regionally
accredited college or university and the professional teacher's assessments
prescribed by the Virginia Board of Education.
[ "Content area coursework" means
courses at the undergraduate level (i.e., two-year or four-year institution) or
at the graduate level that will not duplicate previous courses, or the level of
coursework, taken in humanities, English, history and social sciences,
sciences, mathematics, health and physical education, and fine arts. These
courses are usually available through the college or department of arts or
sciences. ]
"Denial" means the refusal to grant a
[ teaching ] license [ to a new
applicant or to an applicant who is reapplying after the expiration of a
license ].
"Division Superintendent License" means a
five-year, renewable license available to an individual who has completed an
earned master's degree from a regionally accredited college or university and
meets the requirements specified in 8VAC20-23-630. The individual's name [ must
shall ] be listed on the Virginia Board of Education's list of
eligible division superintendents.
"Experiential learning" means a process of
applying for an initial license through the alternate route as prescribed by
the Virginia Board of Education and meeting the criteria specified in
8VAC20-23-90 E to be eligible to request experiential learning credits in lieu
of the coursework for the endorsement (teaching) content area.
[ "Industry certification credential" means
an active career and technical education credential that is earned by
successfully completing a Virginia Board of Education-approved industry
certification examination, being issued a professional license in the
Commonwealth, or successfully completing an occupational competency
examination. ]
"International Educator License" means
[ a five-year cultural exchange opportunity for Virginia students
and international teachers. The International Educator License is ]
a professional teaching license issued for no more than five years to an
exchange teacher with citizenship in a nation other than the United States of
America [ and who meets requirements by a
state-approved, federally-designated Exchange Visitor Program and who is ]
employed as [ a ] teacher in a Virginia public
school or an accredited nonpublic school.
"Licensure by reciprocity" means a process used
to issue a license to an individual coming into Virginia from another state
when that individual meets certain conditions specified in this chapter.
"Mentor" means a classroom teacher hired by the
local school division who has achieved continuing contract status or other
instructional personnel including retired teachers who meet local mentor
selection criteria. The mentor should work in the same building as the
beginning teacher or be instructional personnel who is assigned solely as a
mentor. A mentor should be assigned a limited number of teachers at any time.
Instructional personnel who are not assigned solely as mentors should not be
assigned to more than four teachers at any time. Mentors guide teachers in the
program through demonstrations, observations, and consultations.
"Online Teacher License" means a five-year,
renewable license valid only for teaching online courses. Teachers who hold a
five-year renewable license issued by the Virginia Board of Education may teach
online courses for which they are properly endorsed and do not need to seek
this license.
"Postgraduate Professional License" means a
five-year, renewable license available to an individual who has qualified for
the Collegiate Professional License and who holds an appropriate earned
graduate degree from a regionally accredited college or university.
[ "Professional studies" means courses and
other learning experiences designed to prepare individuals in the areas of
human development and learning, curriculum and instruction, assessment of and
for learning, classroom and behavior management, foundations of education and
the teaching profession, language and literacy, and supervised clinical
experiences. ]
"Professional teacher assessment" means those
tests or other requirements mandated for licensure as prescribed by the
Virginia Board of Education.
"Provisional License" means a nonrenewable
license valid for a specified period of time not to exceed three years issued
to an individual who has allowable deficiencies for full licensure as set forth
in this chapter. The individual [ must shall ]
have a minimum of an [ undergraduate earned
baccalaureate ] degree from a regionally accredited college or
university, with the exception of those individuals seeking the Technical
Professional License. The Provisional License [ will be issued for
a three-year validity period ], with the exception of [ those
individuals seeking licensure through a career switcher program who will be
issued a one-year Provisional License, will be the Provisional
(Career Switcher) License that will be initially issued for a one-year validity
period and Teach For America Provisional License that will be initially ]
issued for [ two years a two-year validity period ].
[ Individuals may apply for a third year on the Provisional License
by submitting documentation indicating that all licensure assessments prescribed
by the Virginia Board of Education have been taken. ] Individuals
[ must shall ] complete all requirements
[ for licensure ], including passing all licensure
assessments, for a renewable license within the validity period of the
[ license Provisional License ].
"Pupil Personnel Services License" means a
five-year, renewable license available to an individual who has earned an
appropriate graduate degree from a regionally accredited college or university
with an endorsement as a school counselor, school psychologist, school social
worker, or vocational evaluator. This license does not require teaching
experience unless otherwise outlined under the specific endorsement's
requirements.
"Renewable license" means a license issued by
the Virginia Board of Education for five years to an individual who meets all
requirements specified in this chapter.
"Revocation" means the withdrawal of a
[ teaching ] license.
"School Manager License" means a five-year,
renewable license intended to provide for a differentiation of administrative
responsibilities in a school setting. A school manager is licensed to
administer noninstructional responsibilities in an educational setting.
[ For example, a A ] school manager is
restricted from evaluating teachers, supervising instruction, developing and
evaluating curriculum, and serving as a school’s student disciplinarian. The
license is available to a candidate who holds a baccalaureate degree from a
regionally accredited college or university; has three years of [ success
successful ] managerial experience; and is recommended for the
license by a Virginia school division superintendent.
"Suspension" means the temporary withdrawal of a
[ teaching ] license.
"Technical Professional License" means a
five-year, renewable license available to an individual who has graduated from
[ an a public or ] accredited [ nonpublic ]
high school (or possesses a [ General Educational Development
Certificate Virginia Board of Education-approved high school
equivalency credential ]); has exhibited academic proficiency,
technical competency, and successful occupational experience; and meets the
requirements specified in [ subdivision 4 of ] 8VAC20-23-50
[ A 4 ].
[ "Teach For America License" means a
two-year provisional license available to an individual who is a participant in
Teach For America and meets the requirements specified in 8VAC20-23-50. ]
Part II
Administering the Regulations
8VAC20-23-20. Administering this chapter.
A. In administering this chapter, modifications may be
made in exceptional cases by the Superintendent of Public Instruction. Proposed
modifications shall be made in writing to the Superintendent of Public
Instruction, Commonwealth of Virginia, Virginia Department of Education, P.O.
Box 2120, Richmond, Virginia 23218-2120.
B. In administering this chapter, competencies required
for endorsement areas are outlined in the Regulations Governing the Review and
Approval of Education Programs in Virginia (8VAC20-543). This document should
be referenced for detailed information regarding coursework content for
endorsements. Individuals [ must shall ] complete
the semester hours required for endorsement areas, or the equivalent, that
[ must shall ] be documented and approved by
the [ Virginia ] Department of Education.
[ C. Virginia school divisions may submit requests to
the Virginia Department of Education for determination of appropriate
endorsements for blended or integrated course options.
D. Upon the effective date of this chapter, the Virginia
Board of Education grants a one-year transition period for the implementation
of this chapter. ]
Part III
Licensure
8VAC20-23-30. Purpose and responsibility for licensure.
The primary purpose for licensing teachers and other
school personnel is to maintain standards of professional competence. The
responsibility for licensure is set forth in § 22.1-298.1 of the Code of
Virginia, which states that the Virginia Board of Education shall prescribe by
regulation the requirements for licensure of teachers.
8VAC20-23-40. Conditions for licensure.
A. Applicants for licensure [ must
shall ]:
1. Be at least 18 years of age;
2. Pay the appropriate fees as determined by the Virginia
Board of Education and complete the application process;
3. Have earned a baccalaureate degree, with the exception
of the Technical Professional License, from a regionally accredited college or
university and meet requirements for the license sought. Persons seeking
initial licensure through approved programs from Virginia institutions of
higher education shall only be licensed as instructional personnel [ by
the Virginia Board of Education if the professional education programs offered
at such institutions have been accredited by a national accrediting agency and
the education (endorsement) programs have final approval by the if
the education endorsement programs have approval by the ] Virginia
Board of Education; [ individuals who have earned a degree from an
institution in another country shall hold the equivalent of a regionally
accredited college or university degree in the United States, as verified by a
Virginia Department of Education-approved credential evaluation agency, for the
required degree for the license; ] and
4. Possess good moral character [ (i.e.,
and be ] free of conditions outlined in Part VII (8VAC20-23-720 et
seq.) of this chapter.
B. All candidates who hold at least a baccalaureate degree
from a regionally accredited college or university and who seek an initial
Virginia teaching license [ must shall ] obtain
passing scores on professional teacher's assessments prescribed by the Virginia
Board of Education. With the exception of the career switcher program that
requires assessments as prerequisites, individuals [ must
shall ] complete the professional teacher's [ assessments
assessment ] requirements within the three-year validity of the
initial provisional license. Candidates seeking a Technical Professional
License, International Educator License, School Manager License, or Pupil
Personnel Services License are not required to take the professional teacher's
assessments. Individuals who hold a valid out-of-state license (full credential
without deficiencies) and who have completed a minimum of three years of
full-time, successful teaching experience in a public or an accredited
nonpublic school, kindergarten through grade 12, outside of Virginia are exempt
from the professional teacher's assessment requirements. Documentation
[ must shall ] be submitted to verify the
school's status as a public or an accredited nonpublic school.
C. All individuals seeking an initial endorsement in
early/primary education preK-3, elementary education preK-6, special
education-general curriculum, special education-deaf and hard of hearing,
special education-blindness and visual impairments, and individuals seeking an
endorsement as a reading specialist [ must shall ]
obtain passing scores on a reading instructional assessment prescribed by
the Virginia Board of Education.
D. Licensure by reciprocity is set forth in 8VAC20-23-100.
A school leaders [ licensure ] assessment prescribed by
the Virginia Board of Education [ must shall ]
be met for all individuals who are seeking an endorsement authorizing them
to serve as principals and assistant principals in the public schools.
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 [ licensure ]
assessment prescribed by the Virginia Board of Education.
E. Individuals seeking initial licensure [ must
shall ] demonstrate proficiency in the use of educational
technology for instruction, 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, and receive professional development in instructional methods
tailored to promote student academic progress and effective preparation for the
[ Virginia ] Standards of Learning end-of-course and
end-of-grade assessments.
F. Every person seeking initial licensure shall provide
evidence of completion of certification or training in emergency first aid,
cardiopulmonary resuscitation, and use of automated external defibrillators.
The certification or training program shall be based on the current national
evidenced-based emergency cardiovascular care guidelines for cardiopulmonary
resuscitation and the use of an automated external defibrillator, such as a
program developed by the American Heart Association or the American Red Cross.
The Virginia Board of Education shall provide a waiver for this requirement for
any person with a disability whose disability prohibits such person from
completing the certification or training.
G. The teacher of record for verified credit courses for
high school graduation [ must shall ] hold
a Virginia license with the appropriate content endorsement.
[ H. Every teacher seeking an initial license in the
Commonwealth with an endorsement in the area of career and technical education
shall have an industry certification credential, as defined in 8VAC20-23-10, in
the area in which the teacher seeks endorsement. If a teacher seeking an
initial license in the Commonwealth has not attained an industry certification
credential in the area in which the teacher seeks endorsement, the Virginia
Board of Education may, upon request of the employing school division or
educational agency, issue the teacher a provisional license to allow time for
the teacher to attain such credential.
I. Effective July 1, 2017, every person seeking renewal of
a license shall complete awareness training, provided by the Virginia
Department of Education, on the indicators of dyslexia, as that term is defined
by the Virginia Board of Education pursuant to regulations, and the
evidence-based interventions and accommodations for dyslexia. ]
8VAC20-23-50. Types of licenses; dating licenses.
A. The following types of licenses are available:
1. Provisional License. The Provisional License is a
nonrenewable license valid for a period not to exceed three years issued to an
individual who has allowable deficiencies for full licensure as set forth in
this chapter. The Provisional License will be issued for [ two
years a three-year validity period ], with the
[ exception exceptions ] of [ those
individuals seeking a the ] Provisional [ (Career
Switcher) ] License [ through a career switcher
program that will initially be issued for a one-year validity period
and the Provisional Teach For America License issued for a two year validity
period ]. [ Individuals may apply for a third year
on the Provisional License by submitting documentation indicating that all
licensure assessments prescribed by the Virginia Board of Education (http://doe.virginia.gov/teaching/licensure/prof_teacher_assessment.pdf)
have been taken. The Provisional (Career Switcher) License will be dated as set
forth in 8VAC20-23-90 A 2. ] Individuals [ must
shall ] complete [ the all ]
requirements [ for licensure, ] including passing all
licensure assessments, for [ the a ] renewable
[ five-year ] license within the validity period of
the Provisional License. The individual [ must shall ]
have a minimum of an [ undergraduate earned
baccalaureate ] degree from a regionally accredited college or
university, with the exception of those individuals seeking the Technical
Professional License.
2. Collegiate Professional License. The Collegiate
Professional License is a five-year, renewable license available to an
individual who has satisfied all requirements for licensure, including an
earned [ undergraduate baccalaureate ] degree
from a regionally accredited college or university and the professional
teacher's assessments prescribed by the Virginia Board of Education.
3. Postgraduate Professional
License. The Postgraduate Professional License is a five-year, renewable
license available to an individual who has qualified for the Collegiate
Professional License and who holds an appropriate earned graduate degree from a
regionally accredited college or university.
4. Technical Professional License. The Technical
Professional License is a five-year, renewable license available to a person
who has graduated from [ a public or ] an accredited
[ nonpublic ] high school or possesses a [ General
Educational Development Certificate Virginia Board of
Education-approved high school equivalency credential ]; has
exhibited academic proficiency, skills in literacy and communication, technical
competency, and successful occupational experience; [ and ]
has completed nine semester hours of specialized professional studies credit
from a regionally accredited college or university [ ; and has
completed one year of successful, full-time teaching experience in a public
school or accredited nonpublic school in the area of endorsement ].
The nine semester hours of professional studies coursework [ must
shall ] include three semester hours of human development and
learning, three semester hours of curriculum and instruction, and three
semester hours of applications of instructional technology or classroom and
behavior management. The Technical Professional License is issued at the
recommendation of [ an a Virginia ] employing
educational agency in the areas of career and technical education, educational
technology, and military science. Individuals seeking an endorsement to teach
military science [ must shall ] have the
appropriate credentials issued by the United States military. The employing
Virginia educational agency [ must shall ] ensure
the credentials issued by the United States military are active during the
period the individual is teaching. In addition to demonstrating competency in
the endorsement area sought, the individual [ must
shall ]:
a. Hold a valid license issued by the appropriate Virginia
board for those program areas requiring a license and a minimum of two years of
successful experience at the journeyman level or an equivalent. The employing
Virginia educational agency [ must shall ] ensure
that the valid license issued by the appropriate Virginia board for the
occupational program area is active during the period the individual is
teaching;
b. Have completed a registered apprenticeship program and
two years of successful experience at the journeyman level or an equivalent
level in the trade; or
c. Have four years of successful work experience at the
management or supervisory level or equivalent or have a combination of four
years of training and [ successful ] work experience at
the management or supervisory level or equivalent.
Individuals holding the Technical Professional License who
seek the Collegiate Professional or Postgraduate Professional License
[ must shall ] meet the requirements of the
respective licenses.
5. School Manager License. The school manager license is a
five-year, renewable license intended to provide for the differentiation of
administrative responsibilities in a school setting. A school manager is
licensed to administer noninstructional responsibilities in an educational
setting. [ For example, a A ] school
manager is restricted from evaluating teachers, supervising instruction,
developing and evaluating curriculum, and serving as a school's student
disciplinarian. The license is available to a candidate who holds a
baccalaureate degree from a regionally accredited college or university, has
three years of successful managerial experience, and is recommended for the
license by a Virginia school division superintendent.
6. Pupil Personnel Services License. The Pupil Personnel
Services License is a five-year, renewable license available to an individual
who has earned an appropriate graduate degree from a regionally accredited
college or university with an endorsement for school counselor, school
psychologist, school social worker, or vocational evaluator. This license does
not require teaching experience, unless otherwise outlined under the specific
endorsement's requirements.
7. Division Superintendent License. The Division
Superintendent License is a five-year, renewable license available to an
individual who has completed an earned master's degree from a regionally
accredited college or university and meets the requirements specified in
8VAC20-23-630. The individual's name [ must shall ]
be listed on the Virginia Board of Education's list of eligible division
superintendents.
8. International Educator License. The International
Educator License provides a five-year cultural exchange opportunity for
Virginia students and international teachers. The International Educator
License is a professional teaching license issued [ for no more
than five years ] to an exchange teacher with citizenship in a
nation other than the United States of America [ and ]
who is employed as a teacher in a Virginia public or accredited nonpublic
school. To be issued the five-year, nonrenewable International Educator
License, an individual serving as a cultural exchange teacher in Virginia
[ must shall ]:
a. Be employed by a Virginia public or an accredited
nonpublic school;
b. Hold non-United States citizenship and be a
nonpermanent resident; and
c. Meet the following requirements as verified by a
state-approved, federally-designated Exchange Visitor Program (22 CFR Part 62):
(1) Be proficient in written and spoken English;
(2) Demonstrate competence in the appropriate academic
subject area or areas by meeting the credential requirements for a qualified
teacher in the exchange country;
(3) Hold the United States equivalent of a baccalaureate
degree or higher as determined by an approved credential [ evaluation ]
agency; and
(4) Complete at least two years of successful full-time
teaching experience that enables the educator to fulfill a similar assignment
in his home country or is comparable to those requirements for Virginia
teachers.
If an individual meets requirements of subdivisions 8 a, 8
b, 8 c (1), 8 c (2), and 8 c (3) of this subsection and has completed at least
one year, but less than two years, of successful full-time teaching experience
that [ enables would enable ] the
educator to fulfill a similar assignment in his home country or is comparable
to those requirements for Virginia teachers, the International Educator License
will be issued for three years with an option to extend the nonrenewable
International Educator License for the additional two years upon [ meeting
passing ] all teacher assessments prescribed by the Virginia Board
of Education and a recommendation of the Virginia employing school division or
accredited nonpublic school.
Individuals who have been issued an International Educator
License who seek a five-year, renewable license [ will need to
shall ] meet all licensure and endorsement requirements, including
[ passing ] applicable assessments prescribed by the
Virginia Board of Education.
9. Online Teacher License. The Online Teacher License is a
five-year, renewable license valid only for teaching online courses. Teachers
who hold a five-year renewable license issued by the Virginia Board of
Education may teach online courses for which they are properly endorsed and do
not need to seek this license.
a. [ The In order to be issued an
Online Teacher License, the ] individual [ is
required to shall ] meet [ the ] requirements
for an endorsement in a content (teaching) area [ ,
and ] professional studies [ requirements, ]
and [ achieve ] qualifying scores on professional
teacher's assessments as prescribed by the Virginia Board of Education. In
addition, the individual [ must shall ] complete
a three-semester-hour course in online instructional procedures.
Online instructional procedures: [ 3
Three ] semester hours. Skills in this area shall contribute to an
understanding of the principles of online learning and online instructional
strategies and the application of skills [ in and ]
the ability to use the Internet for teaching, learning, and management;
design, deliver, and support instruction in an online environment; adapt
strategies for a variety of course models [ (e.g. ],
[ such as ] synchronous and asynchronous [ ) ];
select, adapt, and create rich multimedia for instruction; adapt individualized
education program requirements to online course practices, as appropriate; use
data to meet individual [ students student's ]
needs; and employ innovative teaching strategies in an online environment.
Demonstrated proficiency of advanced skills in the following [ must
areas shall ] be addressed: use of communication technologies to
interact with and engage students, parents, and mentors; use of education
technologies; management of instructional activities in a technology-mediated
environment; and nontraditional content delivery methods.
b. Online teaching experience is not acceptable to meet the
full-time teaching experience for other license types, such as a Division
Superintendent License, or for endorsements, such as for the reading
specialist, school counselor, or administration and supervision endorsements.
The Online Teacher License may be issued if requirements have been met as one
of the following licenses to individuals teaching only online courses:
(1) Online Teacher (Postgraduate Professional) License - a
five-year, renewable license available to an individual who has qualified for
the Online Teacher (Collegiate Professional) License and who holds an
appropriate earned graduate degree from a regionally accredited college or
university.
(2) Online Teacher (Collegiate Professional) License - a
five-year, renewable teaching license available to an individual who has
satisfied all requirements for licensure, including an earned baccalaureate
degree from a regionally accredited college or university, endorsement and
professional studies requirements, and [ passed ] the
professional teacher's assessments prescribed by the Virginia Board of
Education, or
(3) Online Teacher (Technical Professional) License - a
five-year, renewable teaching license available to an individual who has
graduated from [ a public or ] an accredited
[ nonpublic ] high school or possesses a [ General
Educational Development Certificate Virginia Board of
Education-approved high school equivalency credential ]; has
exhibited academic proficiency, technical competency, and occupational
experience; and meets the requirements specified in subdivision 4 of this
subsection. An individual seeking an Online Teacher (Technical Professional)
License [ must shall ] be recommended for
the license by a Virginia public school, a Virginia accredited nonpublic school,
or an accredited virtual school program.
c. A nonrenewable Online Teacher (Provisional) License may
be issued for a period not to exceed three years to an individual who has
allowable deficiencies for full licensure as set forth in 8VAC20-23-90 B. The
Online (Provisional) License will be issued for [ two
three ] years. [ Individuals may apply for a third
year on the Online (Provisional) License by submitting documentation indicating
that all licensure assessments prescribed by the Virginia Board of Education
have been taken. ] The individual [ must
shall ] have a minimum of an [ undergraduate
earned baccalaureate ] degree from a regionally accredited college
or university, with the exception of those individuals seeking the Technical
Professional License. Individuals [ must shall ]
complete all requirements for a renewable Online Teacher License within the
validity period of the license.
10. Teach For America License. The Teach For America
License is a two-year provisional license.
a. This provisional license is available to any participant
in Teach For America, a nationwide nonprofit organization focused on closing
the achievement gaps between students in high-income and low-income areas, who
submits an application and meets the following requirements:
(1) Holds, at minimum, a baccalaureate degree from a
regionally accredited institution of higher education;
(2) Has met the requirements prescribed by the Virginia
Board of Education for all endorsements sought or has met the qualifying scores
on the content area assessment prescribed by the board for the endorsements
sought;
(3) Possesses good moral character according to criteria
developed by the Virginia Board of Education;
(4) Has been offered and has accepted placement in Teach
For America;
(5) Has successfully completed preservice training and is
participating in the professional development requirements of Teach For
America, including teaching frameworks, curricula, lesson planning,
instructional delivery, classroom management, assessment and evaluation of
student progress, classroom diversity, and literacy development;
(6) Has an offer of employment from a local school board to
teach in a public elementary or secondary school in the Commonwealth or a
preschool program that receives state funds pursuant to subsection C of
§ 22.1-199.1 of the Code of Virginia; and
(7) Receives a recommendation from the employing school
division for a Teach For America License in the endorsement area in which the
individual seeks to be licensed.
b. In addition to the criteria set forth in subdivision 10
a of of this subsection, any individual who seeks an endorsement in early
childhood, early/primary, or elementary education shall either (i) agree to
complete such coursework in the teaching of [ reading
language and literacy ] as may be prescribed by the Virginia Board
of Education pursuant to 8VAC20-23-130 during the first year of employment or
(ii) achieve a passing score on a reading instructional assessment prescribed
by the Virginia Board of Education.
c. Teachers issued a Teach For America provisional license
shall not be eligible for continuing contract status while employed under the
authority of a Teach For America license and shall be subject to the
probationary terms of employment specified in § 22.1-303 of the Code of
Virginia.
d. The Virginia Board of Education may extend any Teach For
America License for one additional year upon request of the employing school
division, provided that no Teach For America License shall exceed a total of
three years in length.
e. Notwithstanding any provision of law to the contrary,
upon completion of at least two years of full-time teaching experience in a
public elementary or secondary school in the Commonwealth or a preschool
program that receives state funds pursuant to subsection C of § 22.1-199.1
of the Code of Virginia, an individual holding a Teach For America License
shall be eligible to receive a renewable license if he has (i) achieved
satisfactory scores on all professional teacher assessments required by the
Virginia Board of Education and (ii) received satisfactory evaluations at the
conclusion of each year of employment.
f. Notwithstanding any provision of law to the contrary,
the Virginia Board of Education shall issue a Teach For America License to any
individual who (i) has completed two years of successful teaching in the Teach
For America program in another state, (ii) is not eligible to receive a
renewable license, and (iii) meets the criteria set forth in subdivision 10 a
of this subsection.
B. All licenses will be effective from July 1 in the
school year in which the application is made. An employing Virginia public
school division, agency, or accredited nonpublic school is required to notify
employees in writing at the time of employment of the need to meet appropriate
assessment requirements for licensure.
8VAC20-23-60. Designations on licenses for career paths to
teaching.
A. Designations on licenses will reflect stages in the
professional development of teachers and promote continuing growth and career
paths as educators.
B. Teaching licenses may be issued with one of the
following designations, and the designation will be processed as an add-on
endorsement. These designations will not apply to the Division Superintendent
License, School Manager License, International Educator License, or Pupil
Personnel Services License.
1. Career Teacher: This voluntary teacher designation will
be issued on a renewable teaching license for individuals who have gained
continuing contract status in Virginia and who apply for the Career Teacher
designation.
2. Mentor Teacher: This voluntary teacher designation will
be issued on a renewable teaching license for individuals who have (i) achieved
the Career Teacher designation, (ii) received a recommendation for the
designation from an employing Virginia school division superintendent or
designee or accredited nonpublic school head, (iii) served at least three years
as a mentor teacher in Virginia, (iv) documented responsibilities as a mentor,
and (v) completed a local or state mentor teacher training program in
accordance with the Virginia Board of Education requirements for mentor
teachers in the [ Virgnia Virginia ] Board
of Education Mentor Teacher Guidelines [ (http://www.doe.virginia.gov/teaching/career_resources/mentor/program_creation_guidelines.pdf) ].
3. Teacher as Leader: This voluntary teacher designation
will be issued on a renewable teaching license for individuals who have (i)
achieved the Career Teacher designation; (ii) completed at least five years of
successful, full-time teaching experience in a Virginia public school or
accredited nonpublic school; (iii) received [ the a ]
recommendation from an employing Virginia school division superintendent or
designee or an accredited nonpublic school head; (iv) and completed one of the
following:
a. National Board Certification or a nationally recognized
certification program approved by the Virginia Board of Education and a
recommendation from an employing Virginia school division superintendent or
designee or accredited nonpublic school head and documentation [ , ]
in an approved [ Virginia ] Department of Education
format [ , ] verifying the individual's demonstrated
skills and abilities as a school leader and direct contributions to school
effectiveness and student achievement; or
b. A recommendation from an employing Virginia school
division superintendent or designee or accredited nonpublic school head and
documentation [ , ] in an approved [ Virginia ]
Department of Education format [ , ] verifying the
individual's demonstrated skills and abilities as a school leader and direct
contributions to school effectiveness and student achievement.
8VAC20-23-70. Additional endorsements.
A. An individual who holds a teaching license may add an
additional teaching endorsement to the license by passing a rigorous academic
subject test for endorsements in which a test is prescribed by the Virginia
Board of Education. This testing option does not apply to individuals (i) who
are seeking an early/primary education preK-3 or elementary education preK-6
endorsement, special education endorsements, or a reading specialist
endorsement or (ii) who hold a Technical Professional License, Vocational
Evaluator License, Pupil Personnel Services License, School Manager License, or
Division Superintendent License.
B. One or more endorsements may be added to a license
[ , ] provided [ that ] specific
endorsement requirements have been met. Written requests may be made by the
licensed professional and should be directed to the Virginia employing
educational agency [ (if the individual has such employment) ]
or college or university. If the request is not acted upon by the local
educational agency or college or university within 30 days or is disputed, the
license holder may make a written request for an additional endorsement
directly to the Office of Professional Licensure, Virginia Department of
Education. Written requests should be submitted by January 15 to be in effect
by July 1 of the same [ calendar ] year.
8VAC20-23-80. Deletion of an endorsement.
An endorsement may be deleted from a license at the
request of the licensed professional. Written requests are made by the licensed
professional and should be directed to the employing educational agency. If the
request is not acted upon by the local educational agency within 30 days or is
disputed, the license holder may make a written request for the deletion of an
endorsement directly to the Office of Professional Licensure, Virginia
Department of Education. Written requests should be submitted by January 15 to
be in effect on July 1 of that [ calendar ] year.
Individuals who wish to add an endorsement that has been deleted [ must
shall ] meet requirements for that endorsement at the time it is
requested.
8VAC20-23-90. Alternate routes to licensure.
A. Career switcher alternate route to licensure for career
[ professions professionals ] - Provisional
(Career Switcher) License. An alternate route is available to career switchers
who seek teaching endorsements preK through grade 12 with the exception of
special education.
1. An individual seeking a Provisional (Career Switcher)
License through the career switcher program [ must
shall ] meet the following prerequisite requirements:
a. An application process;
b. An earned baccalaureate degree from a regionally
accredited college or university;
c. The completion of requirements for an endorsement in a
teaching area or the equivalent through verifiable experience or academic
study;
d. At least [ five three ]
years of [ successful ] full-time work experience or
its equivalent; and
e. Virginia qualifying scores on the professional teacher's
assessments as prescribed by the Virginia Board of Education.
2. The Provisional (Career Switcher) License is awarded at
the end of Level I preparation [ for an initial validity period of
one school year ]. All components of the career switcher alternate
route for career [ professions must professionals
shall ] be completed by the candidate.
3. The Level I requirements [ must
shall ] be completed during the course of a single year and may be
offered through a variety of delivery systems, including distance learning
programs. If an employing agency recommends extending the Provisional (Career
Switcher) License for a second year, the candidate will enter Level III of the
program. Career switcher programs [ must be certified
shall submit program documentation as set forth by the Virginia Department of
Education for review and be certified every seven years ] by the
Virginia Department of Education.
a. Level I preparation. Intensive Level I preparation
includes a minimum of 180 clock hours of instruction, including field
experience. This phase includes [ , but is not limited to,
human development and learning; ] curriculum and instruction,
including technology [ , reading, and other; language
and literacy; ] specific course content relating to the [ Virginia ]
Standards of Learning; [ differentiation of instruction
foundations of education and the teaching profession ]; classroom
and behavior management; [ instructional design based on
assessment data; and human development and learning and assessment
of and for learning ].
b. Level II preparation during first year of employment.
(1) Candidate seeks employment in Virginia with the
one-year Provisional (Career Switcher) License.
(2) Continued Level II preparation during the first year of
employment with a minimum of five seminars that expand the intensive
preparation requirements listed in subdivision 3 a of this subsection. The five
seminars will include a minimum of 20 cumulative instructional hours. A variety
of instructional delivery techniques will be utilized to implement the
seminars.
(3) One year of successful, full-time teaching experience
in a Virginia public or accredited nonpublic school under a one-year
Provisional (Career Switcher) License. A trained mentor [ must
shall ] be assigned to assist the candidate during the first year
of employment. Responsibilities of the mentor include [ , but
are not limited to, ] the following:
(a) Collaborate with the beginning teacher in the
development and implementation of an individualized professional development
plan;
(b) Observe, assess, coach, and provide opportunities for
constructive feedback, including strategies for self-reflection;
(c) Share resources and materials;
(d) Share best instructional, assessment, and
organizational practices; classroom and behavior management strategies; and
techniques for promoting [ varied and ] effective
[ methods of ] communication [ with and among
students ]; and
(e) Provide general support and direction regarding school
policies and procedures.
(4) Upon [ successful ] completion
of [ the ] Levels I and II [ preparation
requirements ] of the career switcher alternate route to licensure
program and submission of a recommendation from the [ employing ]
Virginia educational [ employing ] agency,
the candidate will be eligible to apply for a five-year, renewable license.
Renewal requirements for the regular license will be subject to current
regulations of the Virginia Board of Education.
c. Level III preparation, if required.
(1) Post preparation, if required, will be conducted by the
[ employing ] Virginia [ employing ]
educational agency to address the areas where improvement is needed as
identified in the candidate's professional improvement plan; and
(2) Upon [ successful ] completion
of Levels I, II, and [ , if required, Level ] III of
the career switcher alternate route to licensure program and submission of a
recommendation from the [ employing ] Virginia
educational [ employing ] agency, the candidate
will be eligible to receive a five-year renewable license.
4. Verification of program completion will be documented by
the certified program provider and the division superintendent or designee.
5. Certified providers implementing a career switcher
program may charge a fee for participation in the program.
B. An alternate route is available to individuals employed
by [ an a Virginia ] educational agency
who seek teaching endorsements preK through grade 12. The employing Virginia
educational agency may request a nonrenewable Provisional License on behalf of
the individual if the individual has completed an allowable portion of
professional studies and endorsement requirements. [ An employed
teacher may demonstrate meeting the teaching endorsement requirements by
passing a rigorous academic subject test for endorsements in which a test is
prescribed by the Virginia Board of Education. This testing option does not
apply to individuals (i) who are seeking an early/primary education preK-3 or
elementary education preK-6 endorsement, special education endorsements, or a
reading specialist endorsement or (ii) who hold a Technical Professional
License, Vocational Evaluator License, Pupil Personnel Services License, School
Manager License, or Division Superintendent License. ] This route
[ is ] also [ applicable
is available ] to individuals who are employed by a Virginia public
school, a Virginia accredited nonpublic school, or an accredited virtual school
or program and who are seeking the Online Teacher License that is issued to
teachers who teach only online courses. The Provisional License will be issued
for [ two a validity period not to exceed three ]
years. [ Individuals may apply for a third year on the
Provisional License by submitting documentation indicating that all licensure
assessments prescribed by the Virginia Board of Education have been taken. ]
The Provisional License is a nonrenewable teaching license valid for a
period not to exceed three years. Individuals [ must
shall ] complete all licensure requirements to become eligible for
the five-year, renewable license.
1. An individual seeking a license through this alternate
route [ must shall ] have met the
following requirements:
a. Entered the teaching field through the alternate route
to licensure upon the recommendation of the [ employing ] Virginia
[ employing ] educational agency. For the Online
Teacher Provisional License, individuals [ must shall ]
be employed by a Virginia public school division, a Virginia accredited
nonpublic school, or an accredited virtual school or program;
b. Earned a baccalaureate degree from a regionally
accredited college or university with the exception of individuals seeking the
Technical Professional License;
c. Have met requirements for the endorsement area; and
d. Need to complete an allowable portion of professional
studies and licensure requirements.
2. The professional studies requirements for the
appropriate level of endorsement sought [ must shall ]
be completed. A Virginia educational agency may submit to the Superintendent
of Public Instruction for approval an alternate program to meet the
professional studies requirements. The alternate program [ must
shall ] include training [ (e.g., such as ]
seminar, internship, [ or ] coursework [ ,
etc.) ] in human development and learning; curriculum and
instruction, including technology; assessment of and for learning; classroom
and behavior management; [ foundations of education and ] the
teaching profession, including legal status of teachers and students, federal
and state laws, and teacher evaluation as prescribed by [ Virginia's
Guidelines for Uniform Performance Standards and Evaluation Criteria for
Teachers the Virginia Board of Education's guidelines for
performance standards and evaluation criteria established pursuant to § 22.1-253.13:5
B of the Code of Virginia ] and [ reading
language and literacy ].
3. One year of successful, full-time teaching experience in
the appropriate teaching area in a Virginia public or an accredited nonpublic
school [ must shall ] be completed. For
the Online Teacher License only, one year of successful online teaching
experience in the endorsement area in a public school division, an accredited
nonpublic school, or an accredited virtual school or program may be accepted in
lieu of the supervised teaching experience. A fully licensed experienced
teacher [ must shall ] be available in
the school building to assist the beginning teacher employed through the
alternate route.
C. Alternate route in special education. The Provisional
(Special Education) License is a nonrenewable teaching license issued
[ for a validity period not to exceed three years ] to an
individual employed as a special education teacher in a public school or a
nonpublic [ special education ] school in
Virginia who does not hold the appropriate special education endorsement. The
Provisional (Special Education) License will be issued [ for two
years. Individuals may apply for a third year on the Provisional License by
submitting documentation indicating that all licensure assessments prescribed
by the Virginia Board of Education have been taken only with
endorsements in special education ]. The Provisional License is a
nonrenewable teaching license valid for a period not to exceed three years.
This alternate route to special education [ endorsement ] is
not applicable to individuals seeking the Online Teacher License. To be issued
the Provisional (Special Education) License through this alternate route, an
individual [ must meet the requirements through one of the two
following options shall ]:
1. [ Option I. The individual must hold a
full, valid Collegiate Professional or Postgraduate Professional License and
must: a. ] Be employed by a Virginia public or [ accredited ]
nonpublic school as a special [ educator education
teacher ] and have the recommendation of the employing educational
agency;
[ b. 2. ] Have earned a
baccalaureate degree from a regionally accredited college or university;
[ c. 3. ] Have an assigned
mentor with an active Virginia teaching license with an endorsement in special
education; and
[ d. 4. ] Have a planned
program of study in the assigned endorsement area, make progress toward meeting
the endorsement requirements each of the three years of the license, and have
completed at least three semester hours of coursework in the competencies of
foundations for educating students with disabilities and [ have ]
an understanding and application of the legal aspects and regulatory
requirements associated with identification, education, and evaluation of
students with disabilities. A survey course integrating these competencies
would satisfy this requirement.
The Provisional (Special Education) License [ issued ]
through this alternate route shall not be issued without the completion of
these prerequisites.
[ 2. Option II. The individual must:
a. Be employed by a Virginia public or nonpublic school
as a special educator and have the recommendation of the employing educational
agency;
b. Have earned a baccalaureate degree from a regionally
accredited college or university;
c. Have an assigned mentor endorsed in special
education; and
d. Have a planned program of study in the assigned
endorsement area, make progress toward meeting the endorsement requirements
each of the three years of the license, and have completed nine semester hours
including courses in the following: characteristics of students with
disabilities, individualized education program implementation, and classroom
and behavior management.
The Provisional (Special Education) License through this
alternate route shall not be issued without the completion of these prerequisites. ]
D. Alternate programs at institutions of higher education
or Virginia school divisions. Alternate programs developed by institutions of
higher education (i) recognize the unique strengths of prospective teachers
from nontraditional backgrounds and (ii) prepare these individuals to meet the
same standards that are established for others who are granted a license
through an alternate route.
E. Experiential learning. Individuals applying for an
initial teaching license through the alternate route as prescribed by the
Virginia Board of Education [ must shall ] meet
the following criteria to be eligible to request [ that ] experiential
learning [ to ] satisfy the coursework for the
endorsement (teaching) content area:
1. Have earned a baccalaureate degree from a regionally
accredited college or university;
2. Have at least [ five three ]
years of documented [ successful ] full-time work
experience that may include specialized training related to the endorsement
sought; and
3. Have met the [ Virginia ] qualifying
score on the content knowledge assessment prescribed by the Virginia Board of
Education.
Experiential learning does not apply to individuals
seeking special education and [ elementary education (i.e., ]
preK-3 and preK-6 [ ) ] endorsements or
endorsements in which there is no Virginia Board of Education [ - ]
prescribed content or subject assessment.
8VAC20-23-100. Conditions for licensure for out-of-state
candidates by reciprocity.
A. An individual coming into Virginia from any state may
qualify for a Virginia teaching license with comparable endorsement areas if
the individual (i) has completed a state-approved teacher preparation program
through a regionally accredited four-year college or university or (ii) holds a
valid out-of-state teaching license [ (i.e., full
(full ] credential without deficiencies) that [ must
shall ] be in force at the time the application for a Virginia
license is made. [ An individual shall meet licensure requirements
set forth in the Code of Virginia. ] An individual seeking
licensure [ must shall ] establish a file
in the [ Virginia ] Department of Education by
submitting a complete application packet that includes official student
transcripts. Unless exempted by the criteria in subsection C of this section,
professional teacher's [ assessments assessment
requirements ] prescribed by the Virginia Board of Education
[ must shall ] be satisfied.
B. An individual coming into Virginia will qualify for a
Virginia teaching license with comparable endorsement areas if the individual
holds an active national certification from the National Board for Professional
Teaching Standards (NBPTS) or a nationally recognized certification program
approved by the Virginia Board of Education.
C. Individuals who hold a valid out-of-state license
[ (i.e., full (full ] credential without
deficiencies) and who have completed a minimum of three years of full-time,
successful teaching experience in a public or an accredited nonpublic school,
kindergarten through grade 12, outside of Virginia are exempt from the
professional teacher's assessment requirements. Documentation [ must
shall ] be submitted to verify the school's status as a public or
accredited nonpublic school.
8VAC20-23-110. Requirements for renewing a license.
A. The Division Superintendent, Postgraduate Professional,
Collegiate Professional, Technical Professional, Pupil Personnel Services,
Online Teacher, and School Manager Licenses may be renewed upon the completion
of 180 professional development points within a five-year validity period based
on an individualized professional development plan that includes ongoing,
sustained, and high-quality professional development. [ Every
person seeking renewal of a license shall complete all renewal requirements,
including professional development in a manner prescribed by the Virginia Board
of Education, except that no person seeking renewal of a license shall be
required to satisfy any such requirement by completing coursework and earning
credit at an institution of higher education. ]
B. An individual [ who holds an expired
license must seeking renewal shall ] submit a completed
licensure application at the time a [ licensure ] renewal
request is submitted.
[ C. Virginia public school divisions and public
education agencies must report annually to the Virginia Department of Education
that instructional personnel have completed high-quality professional
development each year as set forth by the Virginia Department of Education.
D. C. ] Any individual licensed
and endorsed to teach (i) middle school civics or economics or (ii) high school
government or history who is seeking renewal of such license is required to
demonstrate knowledge of Virginia history or state and local government by
completing a module or professional development course specifically related to
Virginia history or state and local government that has a value of five
professional development points. [ This requirement applies for
purposes of the individual's next or initial renewal occurring after July 1,
2014.
E. If the requirement has not been met for initial
licensure or licensure renewal, individuals D. Every person ]
seeking renewal of a license shall provide evidence of completion of
certification or training in emergency first aid, cardiopulmonary
resuscitation, and the use of automated external defibrillators. The
certification or training program shall be based on the current national
evidence-based emergency cardiovascular care guidelines for cardiopulmonary
resuscitation and the use of an automated external defibrillator, such as a
program developed by the American Heart Association or the American Red Cross.
The Virginia Board of Education shall provide a waiver for this requirement for
any person with a disability whose disability prohibits such person from completing
the certification or training.
[ F. E. Every person seeking renewal of
a license shall demonstrate proficiency in the use of educational technology
for instruction.
F. Every person seeking renewal of a license shall
complete awareness training, provided by the Virginia Department of Education,
on the indicators of dyslexia, as that term is defined by the Virginia Board of
Education pursuant to regulations, and the evidence-based interventions and
accommodations for dyslexia.
G. Training in instructional methods tailored to promote
academic progress and effective preparation for the Virginia Standards of
Learning tests and end-of-grade assessments is required for licensure renewal.
H. Every person seeking renewal or initial license shall
complete a 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.
I. When provided by the state, individuals shall complete
other professional development activities prescribed by the Virginia Board of
Education.
J. ] Professional development points may be
accrued by the completion of professional development activities to improve and
increase instructional personnel's knowledge of the academic subjects the
teachers teach or the area assigned from one or more of the following eight
options.
1. College credit. Acceptable coursework offers content
that provides new information and is offered on campus, off campus, or through
extension by any regionally accredited two-year or four-year college or
university. College coursework [ must shall ]
develop further experiences in subject content taught, teaching strategies,
uses of technologies, leadership, and other essential elements in teaching to
high standards and increasing student learning. [ Instructional
personnel must complete coursework to improve and increase the knowledge of the
academic subjects or endorsement areas in which they are assigned. Individuals
who do not hold a graduate degree must refer to subsection G of this section.
No person seeking renewal of a license shall be required to complete coursework
and earn credit at an institution of higher learning. ]
2. Professional conference. A professional conference is a
workshop, institute, or seminar of four or more hours that contributes to
ongoing, sustained, and high-quality professional development.
3. Curriculum development. Curriculum development is a
group activity in which the license holder contributes to the improvement of
the curriculum of a school, a school division, or an [ education
educational ] institution in the teaching area assigned. This
includes the alignment of curriculum frameworks, instructional materials, and
assessments to provide a system with clear expectations of what is to be taught
and learned.
4. Publication of article. The article [ must
shall ] contribute to the education profession or to the body of
knowledge of the license holder's teaching area or instructional position.
[ This article shall be published in a recognized professional journal. ]
Grant reports that present the results of educational research are
acceptable provided the license holder had an active role in planning,
analyzing, interpreting, demonstrating, disseminating, or evaluating the study
or innovation. [ The article must be published in a recognized
professional journal. ]
5. Publication of book. Books [ must
shall ] be published for purchase and [ must
shall ] contribute to the education profession or to the body of
knowledge of the license holder's teaching area or instructional position. The
published book [ must shall ] increase
the field of content knowledge; [ provide information on ]
planning and assessment for evaluating and providing students with feedback
that encourages student progress and measures student achievement; [ reference ]
instruction, safety, and learning environment; [ expand upon ]
and communication and community relations working with students, parents,
and members of the community to promote broad support for student learning.
Points will not be awarded for self-published books.
6. Mentorship. Mentoring is the process by which an
experienced professional who has received mentorship training provides
assistance to one or more persons for the purpose of improving their
performance. Assistance may involve role modeling, direct instruction,
demonstration, observation with feedback, developing of plans, and consultation
to promote instructional excellence and increased student achievement.
Mentoring may include the supervision of a field experience of a pre-service
student teacher or an intern in an approved teacher or principal preparation
program, as well as mentoring as part of the induction process for a beginning
teacher or a first-year administrator. Individuals serving in this role and
submitting documentation for license renewal based on the mentorship option
shall receive training as a mentor prior to the assignment and at least once
during the five-year renewal cycle.
7. Educational project. Educational projects [ must
shall ] be planned, focused projects based on high standards of
teaching and learning. Projects [ must shall ]
result in a written report or other tangible product. Projects [ must
shall ] contribute to the education profession or to the body of
knowledge of the license holder's teaching area or instructional position. A
project could include participation in new professional responsibilities, such
as leading a school improvement initiative.
8. Professional development activity. Professional
development activities [ must shall ] focus
on student learning and achievement, schoolwide educational improvement,
leadership, subject content, teaching strategies, and use of technologies
[ and or ] other essential elements in
teaching to high standards. Activities [ must shall ]
be planned, rigorous, systematic, and promote continuous inquiry and
reflection. Local employing educational agencies are encouraged to design
professional development activities that are conducted in school settings and
linked to student learning and achievement.
[ G. A minimum of 90 points (i.e., three semester
hours in a content area) at the undergraduate (i.e., two-year or four-year
institution) or graduate level earned from a regionally accredited college or
university in the license holder's endorsement areas shall be required of
license holders without a master's degree. With prior approval, exceptions to
the content course requirement may be made by the division superintendent or
principal. Special education coursework designed to assist classroom teachers
and other school personnel in working with students with disabilities, a course
in gifted education, a course in educational technology, or a course in English
as a second language may be completed to satisfy the content course
requirement. Professional development activities designed to support the
Virginia Standards of Learning, Standards of Accreditation, and state
assessments may be accepted in lieu of the content course. An individual
without a master's degree who holds a renewable Online Teacher License may
complete pedagogy of online instruction coursework to meet this requirement.
The substance of the activities must clearly support these initiatives and
address one or more of the following areas: (i) new content knowledge to
implement the Virginia Standards of Learning, (ii) curriculum development
initiative designed to translate the standards from standards to classroom
objectives, (iii) teaching beginning reading skills including phonemic
awareness and the structure of language (i.e., phonics), (iv) staff development
activities in assessment to assist classroom teachers in the utilization of
test results to improve classroom instruction, and (v) professional development
designed to implement the technology standards in the schools. Technical
Professional License holders without baccalaureate degrees may satisfy the
requirement through career and technical education workshops, career and
technical education institutes, or through undergraduate coursework at two-year
or four-year institutions.
H. Content area courses are courses at the
undergraduate level (i.e., two-year or four-year institution) or at the
graduate level that will not duplicate previous courses taken in the
humanities, English, history and social sciences, sciences, mathematics, health
and physical education, and fine arts. These courses are usually available
through the college of or department of arts and sciences. License holders with
elementary education, middle education, special education, or reading
endorsements must satisfy the 90-point requirement through reading coursework
or content coursework in one of the areas listed in this subsection. Courses
available through a regionally accredited college's or university's department
of education may be used to satisfy the content requirement for those license
holders with endorsements in health and physical education, career and
technical education, and library science education.
I. With prior approval of the division superintendent
or principal, the 90 points in a content area also may be satisfied through
coursework taken to obtain a new teaching endorsement or coursework taken
because of a particular need of a particular teacher. ]
[ J. K. ] The [ remaining
90 180 ] points may be accrued by activities drawn from
one or more of the eight renewal options. Renewal work is designed to provide
licensed personnel with opportunities for professional development relative to
the grade levels or teaching fields to which they are assigned or for which
they seek an added endorsement. Such professional development encompasses (i)
responsible remediation of any area of an individual's knowledge or skills that
fails to meet the standards of competency and (ii) responsible efforts to
increase the individual's knowledge of new developments in his field and to
respond to new curricular demands within the individual's area of professional
competence.
[ K. L. ] The proposed work
toward renewal in certain options [ must shall ]
be approved in advance by the chief executive officer or designee of the
employing educational agency. Persons who are not employed by an educational
agency may renew [ or reinstate ] their license
by submitting to the Office of Professional Licensure, [ Virginia ]
Department of Education, [ their a renewal
application, fee, the ] individualized renewal record [ , ]
and verification of [ points the completion of all
renewal requirements ], including official student transcripts of
coursework taken at a regionally accredited two-year or four-year college or
university.
[ L. Accrual of professional development points
shall be determined by criteria set forth by the Virginia Department of
Education in the Virginia Renewal Manual (http://doe.virginia.gov/teaching/licensure/licensure_renewal_manual.pdf).
M . Persons seeking license renewal as teachers must
demonstrate proficiency in the use of educational technology for instruction.
N. M. ] Virginia school
divisions and [ accredited ] nonpublic schools
[ will shall ] recommend renewal of licenses
using the renewal point system. [ The renewal recommendation
must include verification of demonstrated proficiency in the use of educational
technology for instruction.
O. Training in instructional methods tailored to
promote academic progress and effective preparation for the Standards of
Learning tests and end-of-grade assessments is required for licensure renewal.
P. If they have not already met the requirement,
persons seeking licensure renewal as teachers must complete study in child
abuse recognition and intervention in accordance with curriculum guidelines
developed by the Virginia Board of Education in consultation with the Virginia
Department of Social Services that are relevant to the specific teacher
licensure routes. ]
Part IV
Licensure Regulations Governing Early/Primary Education, Elementary Education,
and Middle Education Endorsements
8VAC20-23-120. Early/primary education, elementary
education, and middle education endorsements.
Individuals seeking licensure with endorsements in
early/primary education, elementary education, and middle education may meet
requirements through the completion of an approved program [ , ]
or if employed by a Virginia public or [ accredited ] nonpublic
school [ , ] through the alternate route to licensure.
Components of the licensure program include a degree from a regionally
accredited college or university in the liberal arts [ and
or ] sciences, or equivalent; professional teacher's assessments
requirement prescribed by the Virginia Board of Education; specific endorsement
requirements; and professional studies requirements.
8VAC20-23-130. Professional studies requirements [ for
early/primary education, elementary education, and middle education
endorsements ].
Professional studies requirements for early/primary education,
elementary education, and middle education: 21 semester hours. These
requirements may be taught in integrated coursework or modules.
1. Human development and learning (birth through
adolescence): 3 semester hours.
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
cognitive ]- should be incorporated to include skills contributing
to an understanding of developmental disabilities and developmental issues related
to [ , ] 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,; trauma, including child abuse and
neglect and other adverse childhood experiences; ] and family
disruptions.
2. Curriculum and instruction: 3 semester hours.
a. Early/primary education preK-3 or elementary education
preK-6 curriculum and instruction: 3 semester hours.
(1) Skills in this area shall contribute to an
understanding of the principles of learning; the application of skills in
discipline-specific methodology; [ varied and ] effective
[ methods of ] communication with and among students;
selection and use of materials, including media and contemporary technologies;
and 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 shall ] be included.
(3) Instructional practices that are sensitive to
culturally and linguistically diverse learners, including [ limited ]
English [ proficient students learners ],
gifted and talented students, and [ those ] students
with disabilities [ ;, ] and appropriate
for the [ level of endorsement (i.e., ] preK-3
or preK-6 [ ) sought endorsement ] shall
be included.
(4) Teaching methods shall be tailored to promote student
engagement and student academic progress and effective preparation for the
[ Virginia ] 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 engagement ] 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
Virginia Department of Education's ] Office of Humanities and Early
Childhood shall be included.
(6) Early childhood educators [ must
shall ] understand the role of families in child development and in
relation to teaching educational skills.
(7) Early childhood educators [ must
shall ] understand the role of the informal and play-mediated
settings for promoting students' skills and development and [ must
shall ] demonstrate knowledge and skill in interacting in such
situations to promote specific learning outcomes as reflected in Virginia's
Foundation Blocks for Early Learning [ : Comprehensive Standards
for Four-Year-Olds ].
[ (8) ] Demonstrated proficiency in the
use of educational technology for instruction shall be [ included
required ]. [ Persons seeking initial licensure as
teachers and persons seeking licensure renewal as teachers for the first time
shall complete study 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 and training or certification in emergency first
aid, cardiopulmonary resuscitation, and the use of automated external
defibrillators shall be included ].
[ (9) ] Pre-student teaching experiences
[ ( i.e., field (field ] experiences) should
be evident within these skills.
b. Middle education 6-8 curriculum and instruction: 3
semester hours.
(1) Skills in this area shall contribute to an
understanding of the principles of learning; the application of skills in
discipline-specific methodology; [ varied and ] effective
[ methods of ] communication with and among students;
[ and ] selection and use of materials, including
media and contemporary technologies [ ; and evaluation of pupil
performance ].
(2) Understanding of the principles of online learning and
online instructional strategies and the application of skills to deliver online
instruction [ must shall ] be included.
(3) Instructional practices that are sensitive to
culturally and linguistically diverse learners including [ limited ]
English [ proficient students learners ],
gifted and talented students, and students with disabilities, and [ must
shall ] 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
Virginia Standards of Learning assessments.
(5) Study in methods of improving communication between schools
and families, ways of increasing family [ involvement
engagement ] in student learning at home and in school, and
[ family engagement with ] the [ Virginia ]
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 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 and training or
certification in emergency first aid, cardiopulmonary resuscitation, and the
use of automated external defibrillators shall be included ].
[ (7) ] Pre-student teaching experiences
[ (i.e., field (field ] experiences) should
be evident within these skills.
3. Classroom and behavior management: 3 semester hours.
a. 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.
b. This area shall address diverse approaches based upon
[ culturally responsive ] 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 of [ self discipline self-discipline ].
d. Knowledge and an understanding of various school crisis
management and safety plans and the demonstrated ability to create a safe,
orderly classroom environment [ must shall ]
be included.
e. The link between classroom management and students' ages
[ must shall ] be understood and demonstrated
in techniques used in the classroom.
4. Assessment of and for learning: 3 semester hours.
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 shall ]
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
shall ] be included.
c. Skills [ shall ] 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 goal-setting ] as related to
teacher evaluation and determining student academic progress [ must
shall ] be included.
e. Knowledge of legal and ethical aspects of assessment
[ , ] and skills for developing familiarity with
assessments used in preK-12 education [ (e.g. ],
[ such as ] diagnostic, college admission exams, industry
certifications, and placement [ assessments) must
assessment shall ] be included.
5. [ The Foundations of education
and the ] teaching profession: 3 semester hours.
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 shall ]
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
shall ] be included.
c. Professionalism and ethical standards, as well as
personal integrity [ must shall ] be
addressed.
d. Knowledge and understanding of Virginia's Guidelines for
Uniform Performance Standards and Evaluation Criteria for Teachers [ must
shall ] be included.
6. [ Reading Language and
literacy ]: 6 semester hours.
a. Early/primary preK-3 and elementary education preK-6 -
language acquisition and reading and writing: 6 semester hours. Skills listed
for these endorsement areas represent the minimum competencies that a beginning
teacher [ must shall ] 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: 3 semester hours. 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: 3 semester hours. 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
[ and other phonological ] awareness, concept of print,
phonics, fluency, vocabulary development, and comprehension strategies. Writing
shall include writing strategies and conventions as supporting [ the ]
composing and [ writing written ] expression
and usage and mechanics domains. Additional skills shall include proficiency in
understanding the stages of spelling development [ ,
and ] the writing process, as well as the ability to foster
appreciation of a variety of fiction and nonfiction texts and independent
reading.
b. Middle education - language acquisition and reading
development: 3 semester hours and literacy in the content areas: 3 semester
hours.
(1) Language acquisition and reading development: 3
semester hours. Skills in this area shall be designed to impart a thorough
understanding of the complex nature of language acquisition and reading, to
include phonemic [ and other phonological ] 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 texts and independent
reading for adolescent learners.
(2) Literacy in the content areas: 3 semester hours. Skills
in this area shall be designed to impart an understanding of vocabulary
development and comprehension skills in 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 texts and
independent reading for adolescent readers.
7. Supervised clinical [ experience
experiences ]. Supervised clinical experiences shall be continuous
and systematic and comprised of early field experiences and a minimum of 10
weeks of [ successful ] full-time student teaching
[ in the endorsement area sought ] 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 [ in
a public or accredited nonpublic school ]. One year of successful
full-time teaching experience in the endorsement area in a public or accredited
nonpublic school may be accepted in lieu of the supervised teaching experience.
For the Online Teacher License only, one year of successful online teaching
experience in the endorsement area in a public school, an accredited nonpublic
school, or an accredited virtual school or program may be accepted in lieu of
the supervised teaching experience. A fully licensed, experienced teacher shall
be available in the school building to assist a beginning teacher employed
through the alternate route.
8VAC20-23-140. Early childhood for three-year-olds and
four-year-olds (add-on endorsement).
Endorsement requirements. The candidate [ must
shall ] have:
1. An earned baccalaureate degree from a regionally
accredited college or university and hold a license issued by the Virginia
Board of Education with an endorsement in elementary education [ (such,
such ] as preK-3 or [ preK-6) preK-6, ]
or special education early childhood;
2. Completed 9 semester hours of graduate-level coursework
in early childhood education; and
3. Completed a supervised practicum of at least 45
instructional hours in a preschool setting [ (i.e., three-year-olds
(three-year-olds ] and four-year-olds) in a public school, an
accredited nonpublic school, or another program approved by the Virginia Board
of Education. One year of successful, full-time teaching experience in a public
or accredited nonpublic school may be accepted in lieu of the practicum.
4. The add-on endorsement to an elementary endorsement that
includes preK is not required to teach preK [ (i.e., three-year-olds
(three-year-olds ] and four-year-olds), but the endorsement
recognizes the candidate's additional preparation in early childhood education.
8VAC20-23-150. Early/primary education preK-3.
Endorsement requirements.
1. The candidate must have graduated from an approved
teacher preparation program in early/primary education preK-3; or
2. The candidate for the early/primary education preK-3
endorsement must have earned a baccalaureate degree from a regionally
accredited college or university in the liberal arts [ and
or ] sciences, or equivalent, and completed coursework that covers the
early/primary education preK-3 competencies and [ fulfills
meets ] the following [ 51 ] semester-hour
requirements:
a. English [ (must (shall ]
include composition, oral communication, and literature): 12 semester hours;
or complete 6 semester hours in English and pass a rigorous elementary subject
test prescribed by the Virginia Board of Education;
b. Mathematics [ (must (shall ]
include algebra, geometry, probability and statistics, and methods in
teaching elementary mathematics): 12 semester hours; or complete 6 semester
hours in mathematics, complete a methods in teaching elementary mathematics
course (3 semester hours), and pass a rigorous elementary subject test
prescribed by the Virginia Board of Education;
c. Laboratory sciences: 12 semester hours (in at least two
science disciplines and methods in teaching elementary science); or complete 6
semester hours in laboratory science (in two science disciplines), complete a
methods in teaching elementary science course (3 semester hours), and pass a rigorous
elementary subject test prescribed by the Virginia Board of Education;
d. History [ (must (shall ]
include American history and world history): 6 semester hours, and Social
Science [ (must (shall ] include
geography and economics): 6 semester hours; or complete 3 semester hours in
history, complete 3 semester hours in social science (geography or economics),
[ complete a methods in teaching elementary history and social sciences
course (3 semester hours), ] and pass a rigorous elementary subject
test prescribed by the Virginia Board of Education; and
e. Arts: 3 semester hours.
8VAC20-23-160. Elementary education preK-6.
Endorsement requirements.
1. The candidate shall have graduated from an approved
teacher preparation program in elementary education preK-6; or
2. The candidate for the elementary education preK-6
endorsement [ must shall ] have earned a
baccalaureate degree from a regionally accredited college or university
majoring in the liberal arts [ and or ] sciences
(or equivalent) and [ fulfill meet ] the
following [ 57 ] semester-hour requirements:
a. English [ (must (shall ]
include composition, oral communication, and literature): 12 semester hours;
or complete 6 semester hours in English and pass a rigorous elementary subject
test prescribed by the Virginia Board of Education;
b. Mathematics [ (must (shall ]
include algebra, geometry, probability and statistics, and teaching
elementary mathematics): 15 semester hours; or complete 6 hours in mathematics,
complete a methods in teaching elementary mathematics course (3 semester
hours), and pass a rigorous elementary subject test prescribed by the Virginia
Board of Education;
c. [ Science (including a laboratory course)
Laboratory sciences ]: 15 semester hours in at least three science
disciplines and at least a three credit science methods course; or complete
[ 6 9 ] semester hours (in two science
disciplines), complete a methods in teaching elementary science course (3
semester hours), and pass a rigorous elementary subject test prescribed by the
Virginia Board of Education;
d. History [ (must (shall ]
include American history and world history): 6 semester hours, and Social
Science [ (must (shall ] include
geography and economics): 6 semester hours; or complete 3 semester hours in
history, complete 3 semester hours in social science (geography or economics),
[ complete a methods in teaching elementary history and social sciences
course (3 semester hours), ] and pass a rigorous elementary subject
test prescribed by the Virginia Board of Education; and
e. Arts: 3 semester hours.
8VAC20-23-170. Middle education 6-8.
Endorsement requirements.
1. The candidate [ must shall ]
have graduated from an approved teacher preparation discipline-specific
program in middle education 6-8 with at least one area of academic preparation
from the areas of English, mathematics, science, and history and social
sciences; or
2. An applicant seeking the middle education 6-8
endorsement [ must shall ] have earned a
baccalaureate degree from a regionally accredited college or university in the
liberal arts [ and or ] sciences, or
equivalent; and completed the minimum number of semester hours, as indicated,
in at least one area of academic preparation [ (i.e.,
concentration) (concentration) ] that will be
listed on the license. The applicant will be restricted to teaching only in the
area or areas of concentration listed on the teaching license.
a. English. English concentration [ (must
(shall ] include coursework in language, [ for
example such as ] history, structure, grammar, fiction
and nonfiction texts, media literacy, advanced composition, and interpersonal
communication or speech): 21 semester hours.
b. Mathematics. Mathematics concentration [ (must
(shall ] include coursework in algebra, geometry, probability and
statistics, applications of mathematics, and methods of teaching mathematics to
include middle school mathematics content): 24 semester hours.
c. [ Science. Science Laboratory
sciences. Laboratory sciences ] concentration [ (must
(shall ] include courses in each of the following: biology,
chemistry, physics, and Earth and space science; and a laboratory course is
required in [ two each ] of the four
areas): [ 21 24 ] semester hours.
d. History and social sciences. History and social sciences
concentration [ (must (shall ] include a
course in American history; world history; economics; American government,
including state and local government; and geography): 21 semester hours.
Part V
Licensure Regulations Governing PreK-12 [ Endorsements ],
Special Education, Secondary Grades 6-12 [ Endorsements ],
and Adult Education [ Endorsements ]
8VAC20-23-180. PreK-12 [ endorsements ],
special education, secondary grades 6-12 [ endorsements ],
and adult education [ endorsements ].
Individuals seeking licensure with preK-12 [ endorsements ],
special education, secondary grades 6-12 [ endorsements ],
or adult education [ endorsements ] may meet
requirements through the completion of an approved program [ , ]
or if employed by a Virginia public or [ accredited ] nonpublic
school [ , ] through the alternate route to licensure.
Components of the licensure program include a degree from a regionally
accredited college or university in the liberal arts [ and
or ] sciences, or equivalent; professional teacher's assessment
requirements prescribed by the Virginia Board of Education; specific
endorsement requirements; and professional studies requirements.
8VAC20-23-190. Professional studies requirements [ for
PreK-12, special education, secondary grades 6-12, and adult education
endorsements ].
Professional studies requirements for [ adult
education, ] preK-12 [ endorsements, and, ]
secondary grades 6-12 [ endorsements, and adult
education endorsements ]: 18 semester hours. Professional studies
requirements for special education [ endorsements ]: 21
semester hours. These requirements may be taught in integrated coursework or
modules.
1. Human development and learning (birth through
adolescence): 3 semester hours.
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
cognitive ] - should be incorporated to include skills contributing
to an understanding of developmental disabilities and developmental issues
related to [ , ] 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,; trauma, including child abuse and
neglect and other adverse childhood experiences; ] and family
disruptions.
2. Curriculum and instruction: 3 semester hours.
a. Skills in this area shall contribute to an understanding
of the principles of learning; the application of skills in discipline-specific
methodology; [ varied and ] effective [ methods
of ] 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 shall ] be included.
c. Instructional practices that are sensitive to culturally
and linguistically diverse learners, including [ limited ]
English [ proficient students learners ];
gifted and talented students and [ those ] 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 Virginia Standards of
Learning assessments.
e. Methods of improving communication between schools and
families, ways of increasing family [ involvement
engagement ] in student learning at home and in school, and
[ family engagement with ] 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 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 and training or
certification in emergency first aid, cardiopulmonary resuscitation, and the
use of automated external defibrillators shall be included ].
[ h. g. ] Curriculum and
instruction for secondary grades 6-12 endorsements shall include middle and
secondary education.
[ h. ] Pre-student teaching experiences
[ (i.e., field (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: 3 semester hours.
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 shall ] 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 shall ] be
included.
c. Skills [ shall ] 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 goal-setting ] as related to
teacher evaluation and determining student academic progress [ ,
including knowledge of legal and ethical aspects of assessment shall
be included ].
e. [ Develop Knowledge of legal
and ethical aspects of assessment and skills for developing ] familiarity
with assessments used in preK-12 education [ (e.g.,
such as ] diagnostic, college admission exams, industry certifications,
[ and ] placement assessments [ ) shall
be included ].
4. [ The Foundations of education
and the ] teaching profession: 3 semester hours.
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 shall ]
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
shall ] be included.
c. Professionalism and ethical standards, as well as
personal integrity [ must shall ] be
addressed.
d. Knowledge and understanding of Virginia's Guidelines for
Uniform Performance Standards and Evaluation Criteria for Teachers [ must
shall ] be included.
5. Classroom and behavior management: 3 semester hours.
a. 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.
b. This area shall address diverse approaches based upon
[ culturally responsive ] 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 of self-discipline.
d. Knowledge and an understanding of various school crisis
management and safety plans and the [ demonstrated ] ability
to create a safe, orderly classroom environment [ must
shall ] be included. The link between classroom management and the
students' ages [ must shall ] be
understood and demonstrated in techniques used in the classroom.
6. [ Reading Language and
literacy ].
a. Adult education, preK-12, and secondary grades 6-12 -
literacy in the content areas: 3 semester hours. Skills in this area shall be
designed to impart an understanding of vocabulary development and comprehension
skills in 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 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: 6 semester hours. Skills listed for these endorsement areas represent
the minimum competencies that a beginning teacher [ must
shall ] 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: 3 semester hours. 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: 3 semester hours. 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
[ and other phonological ] awareness, concept of print,
phonics, fluency, vocabulary development, and comprehension strategies. Writing
shall include writing strategies and conventions as supporting the composing
and [ writing written ] expression and
usage and mechanics domains. Additional skills shall include proficiency in
understanding the stages of spelling development [ ,
and ] the writing process [ , as well as the ability
to foster appreciation of a variety of fiction and nonfiction texts and
independent reading and the ability to foster appreciation of a
variety of fiction and nonfiction texts and independent reading ].
7. Supervised classroom experience. Supervised clinical
experiences shall be continuous and systematic and comprised of early field
experiences and a minimum of 10 weeks of [ successful ] full-time
student teaching [ in the endorsement area sought ] 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
[ in a public or accredited nonpublic school ].
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
classroom 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 a public or an accredited nonpublic school may be accepted
in lieu of the supervised teaching experience. For the Online Teacher License
only, one year of successful online teaching experience in the endorsement area
in a public school, an accredited nonpublic school, or an accredited virtual
school or program may be accepted in lieu of the supervised teaching
experience. A fully licensed, experienced teacher shall be available in the
school building to assist a beginning teacher employed through the alternate
route.
8VAC20-23-200. Adult education.
A. Endorsement requirements. The candidate [ must
shall ] have:
1. Earned a baccalaureate degree from a regionally
accredited college or university or hold a Collegiate Professional License
[ (requires a baccalaureate degree from a regionally accredited college
or university) ]; and
2. A minimum of 15 semester hours in adult education that
[ must shall ] include the following
competencies and one semester of supervised successful full-time, or an
equivalent number of hours of part-time experience, teaching of adults:
a. Understanding of the nature or psychology of the adult
learner or adult development;
b. Understanding of the knowledge, skills, and processes
needed for the selection, evaluation, and instructional applications of the
methods and materials for [ adult basic skills adults
to become college and career ready, ] including:
(1) Curriculum development in adult basic education or
[ General Educational Development (GED) Virginia Board of
Education-approved high school equivalency ] instruction;
(2) [ Beginning reading Literacy
skills ] for adults;
(3) [ Beginning mathematics
Numeracy skills ] for adults;
(4) Reading comprehension for adult education; [ and ]
[ (5) Foundations of adult education; and
(6) (5) ] Other adult basic
skills instruction.
B. Individuals not holding a Collegiate Professional
License or a Postgraduate Professional License [ must
shall ] meet the professional teacher's assessment requirements
prescribed by the Virginia Board of Education.
8VAC20-23-210. Adult English as a second language (add-on
endorsement).
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in adult
English as a second language; or
2. [ An earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with an endorsement in
a teaching area; and
3. Completed 21 semester hours of coursework distributed in
the following areas:
a. Methods for teaching [ adult ] English
[ as a second language to adults learners ]:
3 semester hours;
b. English linguistics: 3 semester hours;
c. Cross-cultural education: 3 semester hours;
d. Modern foreign language: 6 semester hours; and
e. Electives from the following areas: 6 semester hours:
(1) Cross-cultural communication;
(2) Second language acquisition;
(3) General linguistics;
(4) Teaching reading to adults;
(5) Adult English [ as a second language
learner ] instruction; or
(6) Adult English [ as a second language
learner ] curriculum development.
8VAC20-23-220. Career and technical education – agricultural
education.
A. Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program
[ with a minimum of a baccalaureate degree from a regionally
accredited college or university ] in agricultural education;
or
2. [ Completed Earned a
baccalaureate degree from a regionally accredited college or university and
completed ] 39 semester hours of coursework in agriculture,
including at least [ three 3 ] semester
hours in each of the [ following ] areas in
subdivisions 2 a through 2 f [ of this subsection, ] as
well as a minimum of [ nine 9 semester ] hours
in one concentration area listed in [ the following areas ]
subdivisions 2 a through 2 f:
a. Plant science;
b. Animal science;
c. Agricultural mechanics and applied technology with a lab
component;
d. Agricultural economics and management;
e. Forestry and wildlife management;
f. Horticulture; and
g. Supervised occupational experience, 3 semester hours, or
one year of successful, full-time or the equivalent [ of
relevant occupational experience ] (a minimum of 2,000
cumulative hours) [ relevant occupational experience ] within
the past five years.
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher
seeking an initial license in the Commonwealth has not attained an industry certification
credential in the area in which the teacher seeks endorsement, the Virginia
Board of Education may, upon request of the employing school division or
educational agency, issue the teacher a provisional license to allow time for
the teacher to attain such credential. ]
B. Technical Professional License. An endorsement in
specialized areas may be granted to individuals who have:
1. Been recommended by an employing Virginia educational
agency;
2. Completed two years of successful, full-time or the equivalent
of occupational experience within the past five years in the teaching specialty
sought;
3. Completed professional studies requirements (human
development and learning: 3 semester hours; curriculum and instruction in
career and technical education: 3 semester hours; and applications of
instructional technology or classroom and behavior management: 3 semester
hours); and
4. Completed an agricultural education certificate or
associate degree program in the teaching specialty area sought.
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher
seeking an initial license in the Commonwealth has not attained an industry
certification credential in the area in which the teacher seeks endorsement,
the Virginia Board of Education may, upon request of the employing school
division or educational agency, issue the teacher a provisional license to
allow time for the teacher to attain such credential. ]
8VAC20-23-230. Career and technical education – business and
information technology.
A. Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program
[ with a minimum of a baccalaureate degree from a regionally
accredited college or university ] in business and information
technology; or
2. [ Completed Earned a
baccalaureate degree from a regionally accredited college or university and
completed ] a major in business education or 39 semester hours of
coursework in business and information technology, including:
a. Accounting: 6 semester hours;
b. Economics: 3 semester hours;
c. Business law, business principles, management,
marketing, or finance: 9 semester hours;
d. Communications and media to include oral, written, and
presentation [ skills ]: 3 semester hours;
e. Information systems and technology to include computer
software applications [ (e.g. ], [ such
as ] word processing, spreadsheet, database, and presentation
[ ) ], information technology fundamentals, database
management, communications systems, programming, software development,
security, and networking: 12 semester hours;
f. Input technologies to include touch keyboarding
(required, or documented demonstrated mastery of the touch keyboarding skill),
audio input devices, video input devices, pointing devices, touch screens, or
other emerging input technologies: 3 semester hours; and
g. Supervised business experience: 3 semester hours
[ ;, ] or one year of successful full-time or
the equivalent [ (i.e., (a minimum of ] 2,000
[ part-time cumulative ] hours) relevant
occupational experience within the last five years.
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher
seeking an initial license in the Commonwealth has not attained an industry
certification credential in the area in which the teacher seeks endorsement,
the Virginia Board of Education may, upon request of the employing school
division or educational agency, issue the teacher a provisional license to
allow time for the teacher to attain such credential. ]
B. Technical Professional License. An endorsement in a
highly specialized business and information technology area, such as
networking, [ administration, communications systems, ]
programming, database management, Internet application development, medical
office procedures, legal office procedures, network administration, and other
emerging highly specialized areas may be granted to individuals who have:
1. Been recommended by an employing Virginia educational
agency;
2. Completed two years of successful, full-time or the
equivalent occupational experience within the last five years in the teaching
specialty area sought;
3. Completed a business certificate or associate degree
program from a regionally accredited institution in the teaching specialty area
sought; and
4. Completed professional studies requirements (human
development and learning: 3 semester hours; curriculum and instruction in
career and technical education: 3 semester hours; and applications of
instructional technology or classroom and behavior management: 3 semester
hours).
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher
seeking an initial license in the Commonwealth has not attained an industry
certification credential in the area in which the teacher seeks endorsement,
the Virginia Board of Education may, upon request of the employing school
division or educational agency, issue the teacher a provisional license to
allow time for the teacher to attain such credential. ]
8VAC20-23-240. Career and technical education – family and
consumer sciences.
A. Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program
[ with a minimum of a baccalaureate degree from a regionally
accredited college or university ] in family and consumer
sciences; or
2. [ Completed Earned a
baccalaureate degree from a regionally accredited college or university and
completed ] a major in family and consumer sciences education or 39
semester hours of coursework in family and consumer sciences distributed in the
following areas:
a. Development of individuals through the lifespan and the
family life cycle [ and family ]: 9 semester
hours;
b. Resource management, personal and family finance, and
consumer economics: 6 semester hours;
c. Food, nutrition, dietetics, wellness, and food science:
9 semester hours;
d. Housing, home furnishing, and equipment: 3 semester
hours;
e. Apparel and textiles: 6 semester hours;
f. Occupational program management: 3 semester hours; and
g. Supervised occupational experience related to family and
consumer sciences, 3 semester hours, or one year of successful, full-time or
the equivalent [ of (a minimum of 2,000 cumulative
hours) ] relevant occupational experience within the last five
years.
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher
seeking an initial license in the Commonwealth has not attained an industry
certification credential in the area in which the teacher seeks endorsement,
the Virginia Board of Education may, upon request of the employing school
division or educational agency, issue the teacher a provisional license to
allow time for the teacher to attain such credential. ]
B. Technical Professional License. An endorsement in a
specialized family and consumer sciences area, such as child care occupations,
consumer services, family and human services, fashion design occupations, food
occupations, hospitality occupations, interior design occupations, [ and ]
home furnishings occupations, and home and institutional services, may be
granted to individuals who have:
1. Been recommended by an employing Virginia educational
agency [ .; ]
2. Completed at least two years of successful, full-time
occupational experience or the equivalent within the past five years in the
teaching specialty for which they are seeking endorsement [ .; ]
3. Completed a family and consumer sciences certificate or
associate degree program [ from a regionally accredited college or
university, ] where applicable in the area of endorsement sought
[ .; and ]
4. Completed professional studies requirements (human
development and learning: 3 semester hours; curriculum and instruction in
career and technical education: 3 semester hours; and applications of
instructional technology or classroom and behavior management: 3 semester
hours).
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher seeking
an initial license in the Commonwealth has not attained an industry
certification credential in the area in which the teacher seeks endorsement,
the Virginia Board of Education may, upon request of the employing school
division or educational agency, issue the teacher a provisional license to
allow time for the teacher to attain such credential. ]
8VAC20-23-250. Career and technical education – health and
medical sciences.
A. Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved program of study [ with
a minimum of a baccalaureate degree from a regionally accredited college or
university ] in a health care program of study and hold a
current license or certification as a professional practitioner in the area in
which one is to be teaching; or
2. [ A Earned a baccalaureate
degree from a regionally accredited college or university and hold a ]
current license or certification as a professional practitioner in the area
in which one is to be teaching and completed two years of successful, full-time
or the equivalent of occupational experience within the past five years in an
area related to the teaching specialty sought.
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher
seeking an initial license in the Commonwealth has not attained an industry
certification credential in the area in which the teacher seeks endorsement,
the Virginia Board of Education may, upon request of the employing school
division or educational agency, issue the teacher a provisional license to
allow time for the teacher to attain such credential. ]
B. Technical Professional License. An endorsement in a
specialized health occupations area may be granted to individuals who have:
1. Been recommended by an employing Virginia educational
agency;
2. A license or [ be are ]
certified as a professional practitioner in the area in which one is to be
teaching;
3. Completed two years of full-time or the equivalent of
occupational experience within the past five years in the teaching specialty
sought;
4. Completed a health occupations certificate or associate
degree program from a regionally accredited institution in the teaching
specialty area sought; and
5. Completed professional studies requirements (human
development and learning: 3 semester hours; curriculum and instruction in
career and technical education: 3 semester hours; and applications of
instructional technology or classroom and behavior management: 3 semester
hours).
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher
seeking an initial license in the Commonwealth has not attained an industry
certification credential in the area in which the teacher seeks endorsement,
the Virginia Board of Education may, upon request of the employing school
division or educational agency, issue the teacher a provisional license to
allow time for the teacher to attain such credential. ]
8VAC20-23-260. Career and technical education – marketing
education.
A. Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program
[ with a minimum of a baccalaureate degree from a regionally
accredited college or university ] in marketing education; or
2. [ Completed Earned a
baccalaureate degree from a regionally accredited college or university and
completed ] a major in marketing education or a minimum of 39
semester hours of coursework in marketing to include [ ;: ]
a. Marketing processes and environment: 3 semester hours;
b. Management and supervision: 6 semester hours;
c. Economics: 3 semester hours;
d. Merchandising and operations: 3 semester hours;
e. Advertising and promotion: 3 semester hours;
f. Sales and selling: 3 semester hours;
g. Communication theory and techniques: 3 semester hours;
h. Consumer behavior: 3 semester hours;
i. International (global) marketing: 3 semester hours;
j. Finance, accounting, or marketing mathematics: 3
semester hours;
k. Technology applications: 3 semester hours; and
l. Supervised marketing occupational experience, 3 semester
hours, or one year of [ successful ] full-time work
experience in the field of marketing may be accepted in lieu of the supervised
marketing internship.
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher
seeking an initial license in the Commonwealth has not attained an industry
certification credential in the area in which the teacher seeks endorsement,
the Virginia Board of Education may, upon request of the employing school
division or educational agency, issue the teacher a provisional license to
allow time for the teacher to attain such credential. ]
B. Technical Professional License. An endorsement in a
specialized marketing area, such as apparel and accessories, hotel operations,
international marketing, or restaurant, may be granted to individuals who have:
1. Been recommended by an employing Virginia educational
agency;
2. Completed two years of [ successful ]
full-time occupational experience, or the equivalent, within the last five
years in the teaching specialty area sought; and
3. Completed professional studies requirements (human
development and learning: 3 semester hours; curriculum and instruction in
career and technical education: 3 semester hours; and applications of
instructional technology or classroom and behavior management: 3 semester
hours).
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher
seeking an initial license in the Commonwealth has not attained an industry
certification credential in the area in which the teacher seeks endorsement,
the Virginia Board of Education may, upon request of the employing school
division or educational agency, issue the teacher a provisional license to
allow time for the teacher to attain such credential. ]
8VAC20-23-270. Career and technical education – technology
education.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program
[ from a regionally accredited college or university with a minimum
of a baccalaureate degree ] in technology education; or
2. [ Completed Earned a
baccalaureate degree from a regionally accredited college or university and
completed ] a major in technology education or 33 semester hours in
technology education distributed in the following areas:
a. The nature of technology. Experiences shall include
those that promote an understanding of the characteristics, scope, and core
concepts of physical, biological, and informational technologies, the
relationships among these technologies, and their connections to other science,
technology, engineering, and mathematics (STEM) fields: 6 semester hours;
b. Technology and society. Experiences shall include those
that develop a working knowledge of the cultural, social, economic, and
political effects of technology, its effect on the environment, and the role of
society in the history, development, and use of physical, biological, and
informational technologies: 3 semester hours;
c. Engineering. Experiences shall include those that
develop comprehension of the attributes of technological design, inclusive of
constraints, optimization, predictive analysis, problem solving, critical
thinking, technical writing, and integrative mathematics and science: 6
semester hours;
d. Abilities for a technological world. Experiences shall
include those that develop the capacity to utilize the design process, to use
and maintain technological products and systems, and to assess their impact: 9
semester hours; and
e. The designed world. Experiences shall include those that
promote an understanding of current and emerging physical, biological, and
informational technologies: 9 semester hours; or
3. Earned a baccalaureate degree from a regionally
accredited college or university with a major in one of the following fields of
study: architecture, design, engineering, engineering technology, industrial
technology, or physics and completed a minimum of 15 semester hours of
technology education content coursework, including at least 3 semester hours in
each of the following areas:
a. The nature of technology;
b. Technology and society;
c. Engineering;
d. Abilities for a technological world; and
e. The designed world.
[ If an individual is seeking an initial license in
the Commonwealth with an endorsement in the area of career and technical
education, an industry certification credential as defined in 8VAC20-23-10 in
the area in which the teacher seeks endorsement is required. If a teacher
seeking an initial license in the Commonwealth has not attained an industry
certification credential in the area in which the teacher seeks endorsement,
the Virginia Board of Education may, upon request of the employing school
division or educational agency, issue the teacher a provisional license to
allow time for the teacher to attain such credential. ]
8VAC20-23-280. Career and technical education – trade and
industrial education.
A. Endorsement requirements.
1. The candidate [ must shall ]
have graduated from an approved teacher preparation program with a minimum
of a baccalaureate degree from a regionally accredited college or university in
trade and industrial education; or
2. A candidate who has graduated from an approved teacher
preparation program that is not in the trade and industrial education program subject
area for which the candidate is seeking endorsement [ must
shall ] have:
a. A current state [ licensure
license ] or industry certification based on the prescribed
standard or examination, if applicable; and
b. Evidence of at least two years of [ successful ]
full-time or equivalent occupational experience within the past five years
in the teaching specialty for which the candidate is seeking endorsement. A
candidate whose occupational experience has not been within the last five years
[ must shall ] participate in a supervised
technical update related to the teaching specialty or area of endorsement or
complete a supervised internship of work experience of not less than six weeks
related to the area of endorsement or teaching specialty.
B. Technical Professional License. An endorsement in a
specialized trade and industrial education area will be granted to an
individual who has:
1. Been recommended by an employing Virginia educational
agency;
2. A current license or is currently certified as a professional
practitioner in the area in which [ he the individual ]
is to be teaching, if applicable, or can demonstrate competency in the area
of trade and industrial education [ he the individual ]
is to be teaching;
3. Evidence of at least two years of [ successful ]
full-time or the equivalent occupational experience within the past five
years in the teaching specialty for which he is seeking endorsement. Candidates
whose occupational experience has not been within the last five years
[ must shall ] participate in a supervised
technical update related to the teaching specialty or area of endorsement or
complete a supervised internship of work experience of not less than six weeks
related to the area of endorsement or teaching specialty; and
4. Completed professional studies requirements (human
development and learning: 3 semester hours; curriculum and instruction in
career and technical education: 3 semester hours; and applications of
instructional technology or classroom and behavior management: 3 semester hours).
C. Add-on endorsement requirements. A candidate
[ must shall ]:
1. Hold an active Collegiate Professional or Postgraduate
Professional License with a teaching endorsement;
2. Demonstrate competency in the trade or industrial area
being sought;
3. Hold current state licensure or industry certification
for the trade or industrial area for which endorsement is sought based upon the
prescribed standard or examination;
4. Have completed two years or 4,000 clock hours of
satisfactory, full-time occupational experience at the journeyman level or an
equivalent level in the occupation within the last five years. Candidates whose
occupational experience has not been within the last five years [ must
shall ] participate in a supervised technical update related to the
teaching specialty or area of endorsement or complete a supervised internship
of work experience of not less than six weeks related to the area of
endorsement or teaching specialty; and
5. Have completed 3 semester hours in curriculum and
instruction specific to vocational industrial education.
8VAC20-23-290. Career and technical education – transition
and special needs (add-on endorsement).
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program
[ with a minimum of a baccalaureate degree from a regionally
accredited college or university ] in [ transition
and ] special needs [ education ]; or
2. [ Completed Earned a
baccalaureate degree from a regionally accredited college or university and
completed ] a major in career and technical education or special
education [ , pre-K-12 preK-12 ] with an
endorsement in one area of career and technical education or special education
preK-12, including 12 semester hours distributed in the following areas:
a. Overview of special needs programs and services: 3
semester hours;
b. Instructional methods, curriculum, and resources: 3
semester hours;
c. Career and life planning, transitioning, occupational
information, and delivery of cooperative education programs: 3 semester hours;
and
d. Purposes and practices and characteristics of special
populations: 3 semester hours; and
3. Completed successful, supervised occupational
experience, 3 semester hours, or one year of full-time or the equivalent of
relevant occupational experience within the past five years.
8VAC20-23-300. Computer science.
A. Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in
computer science; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed 36 semester hours of coursework
distributed in the following areas:
a. Mathematics, including discrete mathematics;
b. Data structures and algorithm analysis;
c. Foundations of computer science; and
d. Programming in at least two distinct languages: 6
semester hours.
B. Add-on endorsement requirements in computer science.
The candidate [ must shall ] have:
1. [ An earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with a teaching
endorsement in a teaching area; and
2. Completed 18 semester hours of coursework distributed in
the following areas:
a. Mathematics, including discrete mathematics;
b. Data structures and algorithm analysis;
c. Foundations of computer science; and
d. Programming in at least two distinct languages: 6
semester hours.
8VAC20-23-310. Dance arts preK-12.
A. Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in dance
arts; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in dance arts or 24
semester hours with coursework distributed in the following areas:
a. Development of movement language: 9 semester hours.
(1) A course in each area of ballet, folk, jazz, and modern
dance: 6 semester hours; and
(2) Area of concentration in one area of ballet, folk,
jazz, or modern dance beyond the entry level: 3 semester hours;
b. Composition, improvisation, and dance arts production,
[ which ] may include stage lighting, stage costuming, or
stage makeup: 3 semester hours;
c. Scientific foundations, including human anatomy,
kinesiology, and injury prevention and care for dance arts: 9 semester hours;
and
d. Cultural understanding, including cultural context and
dance history: 3 semester hours.
B. Add-on endorsement requirements in dance arts. The
candidate [ must shall ] have:
1. [ An earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with a teaching
endorsement in a teaching area; and
2. Completed 15 semester hours of coursework distributed in
the following areas:
a. Development of movement language: 9 semester hours.
(1) A course in each area of ballet, folk, jazz, and modern
[ dance ]: 6 semester hours; and
(2) Area of concentration in one area of ballet, folk, jazz,
or modern [ dance ] beyond the entry level: 3 semester
hours;
b. Composition, improvisation, and dance arts production,
[ which ] may include stage lighting, stage costuming, or
stage makeup: 3 semester hours; and
c. Cultural understanding, including cultural context and
dance history: 3 semester hours.
8VAC20-23-320. Driver education (add-on endorsement).
Endorsement requirements. The candidate [ must
shall ] have:
1. [ An earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with a teaching
endorsement in a teaching area; and
2. Completed an approved teacher preparation program in
driver education; or
3. [ Completed Earned a
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with a teaching
endorsement in a teaching area; and completed ] 6 semester hours of
coursework distributed in the following areas:
a. Driver Task Analysis [ : to include,
including ] instructional strategies as prescribed in the
Curriculum and Administrative Guide for Driver Education in Virginia [ 2010 ] (http://www.doe.virginia.gov/instruction/driver_education/curriculum_admin_guide/index.shtml); understanding the highway transportation
system; applying Virginia's motor vehicle laws; personal, legal, and emotional
factors; visual and sensory perception; risk perception and risk management;
space management and other defensive driving techniques; environmental,
financial, and other vehicle ownership responsibilities; vehicle technologies;
and the scientific principles of the driving tasks: 3 semester hours; and
b. Principles and methodologies of classroom and in-car
instruction, including applying classroom and in-car teaching techniques for
delivering concurrent instruction; applying perception, vehicle balance, speed
control, and other risk management principles to the development of precision
driving skills; and understanding program administrative tasks, including
juvenile licensing laws and issuance of a driver's license; a minimum of 14
hours of actual behind-the-wheel supervised teaching experience demonstrating
vehicle control skills and performance capabilities that includes 2 hours of
basic evasive maneuvers; and a minimum of 14 hours of mentorship with a
licensed, endorsed driver education teacher: 3 semester hours.
4. A current, valid Virginia driver's license. [ School
divisions are to ensure that teachers of driver education hold a valid driver's
license. ]
8VAC20-23-330. Engineering.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in
engineering;
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in engineering or an
engineering subspecialty [ at in ] an
Accreditation Board for Engineering and Technology (ABET)-accredited college or
university program;
3. Earned a baccalaureate degree from a regionally
accredited college or university and completed an engineering technology,
science, or technology education major with at least 12 semester hours of
coursework in engineering courses, including:
a. Introduction to engineering design;
b. Statics or dynamics;
c. Circuits or fluid mechanics; and
d. Thermodynamics;
4. [ Completed Earned a
baccalaureate degree from a regionally accredited college or university and
completed ] a science, mathematics, or technology education major
with at least five years of successful [ full-time ] experience
working in an engineering environment; or
5. [ Hold Earned a baccalaureate
degree from a regionally accredited college or university and hold ] a
professional engineer's (P.E.) license.
8VAC20-23-340. English.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in
English; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in English or a minimum
of 36 semester hours of coursework distributed in the following areas:
a. Literacy and reading: 12 semester hours. Courses
[ must shall ] include:
(1) Survey of British literature;
(2) Survey of American literature;
(3) World literature; and
(4) Literary theory and criticism.
b. Language: 3 semester hours. Includes the development and
nature of the English language.
c. Composition: 12 semester hours. Experiences shall
include:
(1) A grammar course integrating grammar and writing;
(2) The teaching of writing, based on current knowledge and
most effective practices, including the use of technology for this purpose;
(3) An advanced composition course emphasizing rhetorical
practices of expository, persuasive, argumentative, and analytical writing; and
(4) Teaching research including ethical accessing,
evaluating, organizing, crediting, and synthesizing information.
d. Oral language: 3 semester hours. Experiences shall
include the teaching of public and presentation speaking, including nonverbal
communication and the role of communication in small group and mass
communication.
e. Electives from the areas listed in [ this
section this subdivision 2 ]: 6 semester hours.
8VAC20-23-350. English as a second language preK-12.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in English
as a second language; or
2. Earned a baccalaureate degree from a regionally accredited
college or university and completed 24 semester hours of coursework distributed
in the following areas:
a. Teaching of reading and writing. Courses [ must
shall ] include [ the five areas of reading
instruction: skills in ] phonemic [ and
other phonological ] awareness [ , phonics, fluency,
vocabulary and text comprehension as well as the similarities and differences
between reading in a first language and reading in a second language and a
balanced literacy approach ]; [ pre-reading, during
reading, and post-reading strategies; vocabulary development; and guided
reading. Ability to structure interactive tasks that engage students in using
oral language to develop language and skills. Ability to determine students'
reading levels and design instruction for multi-level classrooms by
incorporating appropriate scaffolding or language supports; ] one
course [ must shall ] address teaching
reading to English language learners: 6 semester hours;
b. English linguistics: [ general and English
linguistics ] 3 semester hours;
c. Cross-cultural education: 3 semester hours;
d. Second language acquisition: 3 semester hours;
e. Methods of English as a second language, to include
[ instruction based on the understanding of ] the
World-Class Instructional Design and Assessment (WIDA) English Language
Development (ELD) Standards: 3 semester hours;
f. English as a second language assessment to include
assessing comprehension and communication in English: 3 semester hours; and
g. Electives from the areas listed in [ this section this
subdivision 2 ]: 3 semester hours.
8VAC20-23-360. Foreign language preK-12.
A. The specific language of the endorsement will be noted
on the license.
B. Endorsement requirements
for foreign language preK-12 - languages other than Latin [ and American Sign Language ].
The candidate [ must shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in a
foreign language; or
2. Earned a baccalaureate degree from a regionally
accredited college or university [ , ] and completed
[ a major in the foreign language or ] 30 semester hours of
coursework above the intermediate level in the foreign language distributed in
the following areas:
a. Advanced grammar and composition;
b. Conversation, culture and civilization, and literature;
and
c. In addition to the 30 semester hours, completed a
minimum of 3 semester hours of methods of teaching foreign languages at the
elementary and secondary levels.
3. Endorsement in a second [ foreign ]
language may be obtained [ with by successfully
completing ] 24 semester hours of coursework above the intermediate
level.
4. Candidates who have learned a foreign language without
formal academic credit in a regionally accredited college or university
[ must shall ] complete the following
requirements:
a. Achieve a qualifying score on a foreign language
assessment in the appropriate language as prescribed by the Virginia Board of
Education; and
b. Earn a minimum of 3 semester hours of methods of
teaching foreign languages at the elementary and secondary levels from a
regionally accredited college or university in the United States or obtain
teacher certification in another country with at least 3 semester hours of methods
of teaching foreign languages at the elementary and secondary levels at a
foreign institution.
C. Endorsement requirements
for foreign language preK-12 - Latin. The candidate [ must shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in Latin;
or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed 24 semester hours of Latin above
the intermediate level. A maximum of six semester hours of Roman history, Roman
life, [ Roman ] mythology, or [ Roman ]
archaeology may be included in the total hours. A minimum of 3 semester
hours of methods of teaching Latin at the elementary and secondary levels are
required.
D. Endorsement requirements
for foreign language preK-12 - American Sign Language.
1. The candidate [ must shall ]
have (i) graduated from an approved teacher preparation program in a foreign
language - American Sign Language or (ii) earned a baccalaureate degree from a
regionally accredited college or university and completed a major in American
Sign Language or 24 semester hours above the intermediate level in American
Sign Language. The program shall include (i) courses in advanced grammar and
syntax, conversation, and culture and (ii) a minimum of 3 semester hours of
methods of teaching foreign languages at the elementary and secondary levels.
2. Native users or candidates who have learned American Sign
Language without formal academic credit in a regionally accredited college or
university, as explained in subdivision 1 of this subsection, [ must
shall ] complete the following requirements:
a. Competency in American Sign Language demonstrated by written
documentation of one of the following:
(1) Hold a current, valid Provisional, Qualified, or
Professional certification by the American Sign Language Teachers' Association;
(2) Hold one of the following current, valid national
certificates in interpreting:
(a) Registry of Interpreters for Deaf certification in at
least one of the following: Certificate of Interpretation (CI), Certificate of
Deaf Interpretation (CDI), Reverse Skills Certification (RSC), or Comprehensive
Skills Certificate (CSC);
(b) [ Hold a A ] current,
valid National Association for the Deaf Level IV certification or higher; or
(c) [ A ] National Interpreter
Certification (NIC); or
(3) Complete requirements by achieving a qualifying score
on an assessment demonstrating proficiency in American Sign Language prescribed
by the Virginia Board of Education.
b. [ Completed a A ] minimum
of 3 semester hours of methods of teaching foreign languages at the elementary
and secondary levels from a regionally accredited college or university in the
United States; and
c. [ Earned a A ] minimum
of 6 semester hours in coursework [ , ] including
grammar and syntax of American Sign Language.
8VAC20-23-370. Gifted education (add-on endorsement).
Endorsement requirements. The candidate [ must
shall ] have:
1. [ An earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with a teaching
endorsement in a teaching area; [ and ]
2. [ Completed Earned a
baccalaureate degree from a regionally accredited college or university and
completed ] an approved teacher preparation program in gifted
education; or
3. Completed the following requirements:
[ a. Earned a baccalaureate degree from a regionally accredited
college or university and hold a license issued by the Virginia Board of
Education with a teaching endorsement in a teaching area; and ]
[ a. b. ] Completed 12
semester hours of graduate-level coursework in gifted education distributed in
the following areas:
(1) [ Academic and social-emotional
characteristics and special populations of gifted learners
Introduction and identification of giftedness ]: 3 semester hours;
(2) [ Curriculum models and differentiation
of instruction for Social and emotional development and guidance of ]
gifted learners: 3 semester hours;
(3) [ Identification and assessment of
Curriculum and instructional strategies for ] gifted learners: 3
semester hours; and
(4) [ Current trends and issues in the field
of gifted education Advanced course work in one of the following
areas ]: 3 semester hours [ ; and:
(a) Advanced curriculum, instruction, and assessment
design;
(b) Advanced program development and evaluation; or
(c) Advanced study in underrepresented populations; and ]
[ b. c. ] Completed a
practicum of at least 45 instructional hours. This practicum shall include a
minimum of 45 instructional hours of successful teaching experiences with
gifted students in a public or an accredited nonpublic school. In lieu of the practicum,
one year of successful, full-time teaching experience with gifted students in a
public or an accredited nonpublic school may be accepted [ , ]
provided the teacher is assigned a mentor holding a valid license with an
endorsement in gifted education.
8VAC20-23-380. Health and physical education preK-12.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in health
and physical education; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in health and physical
education or 45 semester hours of coursework distributed in the following
areas:
a. Personal health [ and, ]
safety [ , and care of athletic injuries ]: 3
semester hours;
b. Human anatomy, physiology, [ exercise
physiology, ] and [ kinesiology
biomechanics of human movement ]: 9 semester hours;
c. General health and physical education theory, including
curriculum design and development in health and physical education: 3 semester
hours;
d. Instructional methods and skills for secondary physical
education: 3 semester hours;
e. [ Instructional Concepts of
motor learning, instructional ] methods [ , ] and
skills for elementary physical education: 3 semester hours;
f. [ School Instruction methods
for elementary and secondary school ] health [ methods
course ]: 3 semester hours;
g. Health and physical education electives: 9 semester
hours;
h. [ Adapted Instructional
methods and strategies for adapted ] physical education: 3 semester
hours;
i. Technology in health and physical education: 3 semester
hours;
j. [ Principles of human ] nutrition:
3 semester hours; and
k. [ Measurement Assesment ]
and evaluation in the content area: 3 semester hours.
8VAC20-23-390. History and social sciences.
A. Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in history
and social sciences; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed 51 semester hours of coursework
distributed in [ each of ] the following areas:
a. History: a major in history or 18 semester hours in
history [ (must (shall ] include
coursework in American history, Virginia history, and world history);
b. Political science: a major in political science or 18
semester hours in political science [ to, which shall ]
include coursework in American government (state and local government);
c. Geography: 9 semester hours; and
d. Economics: 6 semester hours.
B. Add-on endorsement requirements in history, political
science, geography, and economics. The candidate [ must
shall ] have:
1. Earned a baccalaureate degree from a regionally
accredited college or university and [ have hold ]
a teaching license with an endorsement in history, political science,
geography, or economics; and
2. Completed 21 semester hours of coursework in the
additional social science area [ (i.e., - ] history,
political science, geography, or economics [ ) for
which the add-on endorsement is ] sought.
8VAC20-23-400. Journalism (add-on endorsement).
Endorsement requirements. The candidate [ must
shall ] have:
1. [ An earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with a teaching
endorsement in a teaching area; and
2. Completed a minimum of 15 semester hours in journalism.
8VAC20-23-410. Keyboarding (add-on endorsement).
Endorsement requirements. The candidate [ must
shall ] have:
1. [ An earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with a teaching
endorsement in a teaching area; and
2. Completed 6 semester hours in keyboarding. Three
of the six semester hours may be from either formal keyboarding instruction or
documented demonstrated mastery of the touch keyboarding skill, and three
semester hours [ must shall ] include
document formatting skills, word processing, and computer applications.
8VAC20-23-420. Library media preK-12.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved preparation program in school library
media; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed 24 semester hours distributed in
the following areas:
a. Teaching for learning, including knowledge of learners
and learning; effective and knowledgeable teaching; collaborative instructional
partners; integration of 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: 3 semester hours;
b. 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: 6 semester hours;
c. 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: 6 semester hours;
d. 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: 3 semester hours; and
e. 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 semester
hours.
3. Supervised school library media practicum. Experiences
shall include clinical experience to give the applicant an opportunity to apply
the skills, [ understandings knowledge ],
and competencies required for the endorsement. One year of successful,
full-time experience as a school librarian in a public or accredited nonpublic
school may be accepted in lieu of the supervised practicum.
8VAC20-23-430. Mathematics.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in
mathematics; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in mathematics or 36
semester hours of coursework distributed in each of the following areas:
a. Algebra. Experience shall include linear algebra
(matrices, vectors, and linear transformations) and abstract algebra (ring,
group, and field theory);
b. Geometry. Experience shall include Euclidean and
non-Euclidean geometries;
c. Analytic geometry;
d. Probability and statistics;
e. Discrete mathematics. Experience shall include the study
of mathematical properties of finite sets and systems and linear programming;
f. Calculus. Experience shall include multivariable
calculus; [ and ]
g. Mathematical modeling [ ; and
h. Computer science, including two programming languages ].
8VAC20-23-440. Mathematics – [ Algebra
algebra ] I (add-on endorsement).
Endorsement requirements. The candidate [ must
shall ] have:
1. [ An earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with a teaching
endorsement in a teaching area; and
2. Either:
a. Completed an approved teacher preparation program in
Algebra I; or
b. Completed 24 semester hours that include coursework in
each of the following areas:
(1) Elementary functions, introductory college algebra, and
trigonometry;
(2) Linear algebra;
(3) Calculus;
(4) Euclidean geometry;
(5) Probability and statistics;
(6) Discrete mathematics;
(7) Mathematical modeling; and
(8) Methods of teaching algebra.
8VAC20-23-450. Music education – instrumental preK-12.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in music
education - instrumental; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed 42 semester hours of coursework
distributed in [ each of ] the following areas:
a. Basic music knowledge. Experiences shall be related to
music theory, music history, and literature: 18 semester hours [ .; ]
b. Musical performance. Experiences shall consist of
developing competency in a primary performance medium (band or orchestral
instrument), in a secondary performance medium (band, orchestral, or keyboard instrument),
and in teaching, rehearsing, and conducting ensembles: 18 semester hours
[ .; and ]
c. Electives with coursework selected from either of the
two areas listed in subdivisions 2 a and 2 b of this section: 6 semester hours.
8VAC20-23-460. Music education – vocal/choral preK-12.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in music
education - vocal/choral; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed 42 semester hours of coursework
distributed in [ each of ] the following areas:
a. Basic music knowledge. Experiences shall be related to
music theory, music history, and literature: 18 semester hours [ .; ]
b. Musical performance. Experiences shall consist of
developing competency in a primary and secondary medium, selected from voice or
keyboard [ , ] and in teaching, rehearsing, and
conducting ensembles: 18 semester hours [ .; and ]
c. Electives with coursework selected from either of the
two areas listed in subdivisions 2 a and 2 b of this section: 6 semester hours.
8VAC20-23-470. Science – biology.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in
biology;
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in biology or 32
semester hours in biology [ , ] and at least one
course in each of the following [ areas ]: genetics,
biochemistry/molecular biology, cell biology, botany, zoology, anatomy/physiology,
ecology, and evolutionary biology and other preparation consistent with
the competencies for the endorsement; or
3. Earned an endorsement in another science discipline and
[ completed ] at least 18 semester hours in biology,
including at least one course in each of the following areas: genetics,
biochemistry/molecular biology or cell biology, botany [ or, ]
zoology, anatomy/physiology, and evolutionary biology or ecology.
8VAC20-23-480. Science – chemistry.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in
chemistry;
2. Earned a baccalaureate degree from a regionally accredited
college or university and completed a major in chemistry or 32 semester hours
in chemistry, including at least one course in each of the following
[ areas ]: inorganic chemistry, organic chemistry, physical
chemistry, biochemistry, and analytical chemistry and other preparation
consistent with the competencies required for the endorsement; or
3. Earned an endorsement in another science discipline and
[ completed ] at least 18 semester hours in chemistry,
including at least one course in each of the following areas: inorganic
chemistry, organic chemistry, physical chemistry, biochemistry, and analytical
chemistry.
8VAC20-23-490. Science – Earth science.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in Earth
science;
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in Earth science,
geology, or environmental science with a minimum of 32 semester hours in Earth
sciences, including at least one course in each of the following [ areas ]:
structural geology, petrology, paleontology, oceanography, meteorology, and
astronomy/space science; or
3. Earned an endorsement in another science discipline and
[ completed ] at least 18 semester hours in Earth sciences,
including at least one course in each of the following areas: structural
geology, petrology, paleontology, oceanography, meteorology, and
astronomy/space [ or planetary ] science.
8VAC20-23-500. Science – physics.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in
physics;
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in physics or 32
semester hours in physics, including the following coursework: mechanics,
electricity and magnetism, optics, and modern physics and other preparation
consistent with the competencies required for the endorsement; or
3. Earned an endorsement in another science discipline and
at least 18 semester hours in physics, including preparation in each of the
following areas: mechanics, electricity and magnetism, optics, and modern
physics.
8VAC20-23-510. Special education – adapted curriculum K-12.
Endorsement requirements: The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved program in special education - adapted
curriculum; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed 27 semester hours in the
education of students with disabilities [ as ] distributed
in the following areas:
a. Core coursework: 12 semester hours distributed among the
following areas:
(1) Foundations: 3 semester hours. 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;
(2) Assessment and evaluation: 3 semester hours. Includes
an understanding and application of the foundation of assessment and evaluation
related to best practices in special education, including types and
characteristics of assessment, introduction to formal and informal assessment,
and the use of assessments and other information to determine special education
eligibility, service delivery, curriculum, and instruction of students with
disabilities. 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.
(3) Collaboration that includes skills in consultation,
case management, co-teaching, and collaboration: 3 semester hours. Includes
understanding roles and responsibilities, knowledge and application of
effective communication skills and of culturally responsive practices and
strategies, and the ability to develop home, school, and community partnerships
to address the needs of students with disabilities.
(4) Management of classroom instruction and behaviors: 3
semester hours. Includes an understanding and knowledge of research-based
classroom management techniques, positive behaviors supports, and individual
interventions and a demonstrated ability to create a safe, orderly classroom
environment [ , ] including classroom organization,
instructional design, and establishment of classroom routines and procedures.
Knowledge of the elements of effective instructional planning, differentiation
of instruction, and other instructional approaches to enhance student
engagement and achievement. Understanding of behavior assessments, data
collection and analysis, and development and monitoring of behavior
intervention plans.
b. Adapted curriculum coursework: 15 semester hours of
coursework distributed in the following areas:
(1) Characteristics: 3 semester hours. Skills in this area
include the ability to demonstrate knowledge of the characteristics, including
medical and health conditions, and learning and support needs of students with
disabilities (K-12) whose cognitive and 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 autism spectrum disorders, developmental delay, intellectual
disability, traumatic brain injury, and multiple disabilities including
sensory, deaf-blindness, speech-language, orthopedic [ and/or
and other ] health impairments as an additional disability to those
referenced above.
(2) Individualized education program (IEP) implementation:
3 semester hours. 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, instruction, program, goal development, modifications, adaptations,
placement, and teaching methodology for students with disabilities who are
accessing the general education curriculum and [ Virginia ]
Standards of Learning through an aligned curriculum; 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 in an adapted curriculum across the K-12 grade levels.
(3) Transitioning: 3 semester hours. Skills in this area
include 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.
(4) Instructional methods and strategies for the adapted
curriculum: 3 semester hours. An understanding and application of service
delivery, curriculum, and instruction of students with disabilities who need an
adapted curriculum. Knowledge of the general curriculum requirements and
expectations and how to provide access to the curriculum based on student
characteristics and needs. Skills in this area include the ability to
understand and use a range of modifications, adaptations, special instructional
strategies, and research-based interventions that reflect best practice in
reading, writing, and mathematics instruction for students with more
significant disabilities; ability to align the instructional practices and
intervention with the Virginia Standards of Learning and state assessments;
knowledge of available assistive and instructional technologies, including
alternative communication methods and systems to promote learning and
independence for students with disabilities in the adaptive curriculum and the
ability to evaluate its effectiveness; ability to develop and use
curriculum-based and standardized assessment to conduct ongoing evaluations of
instructional material and practices to determine effectiveness and assess
student needs as they relate to curriculum design and delivery; ability to
modify and adapt instructional content in a variety of settings and collaborate
with general education content teachers to develop and implement instructional
practices that meet the needs of students with disabilities in the adapted
curriculum and monitor student progress.
(5) Individualized supports and specialized care of
students with significant disabilities: 3 semester hours. Knowledge of and
ability to implement adapted strategies to address the positioning, handling,
communication, personal care, and medical needs of students with significant
disabilities. Knowledge and understanding of the roles of related disciplines
and service providers in collaborative planning and service delivery.
Demonstration of the ability to develop and utilize a blended curriculum design
to address disability-specific or unique needs such as feeding and communication
while addressing the adapted curriculum requirements.
8VAC20-23-520. Special education blindness and visual
impairments preK-12.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in special
education visual impairments preK-12; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in special education
blindness and visual impairments or 30 semester hours in education of students
with visual impairments, distributed with at least one course in each of the
following areas:
a. Characteristics of students with visual impairment [ :
3 semester hours ]. Provides an overview of the characteristics of
and services to persons with visual impairments, including the impact of visual
impairment on infant and child growth and development, child and adolescent
emotional and social development, and family interaction patterns. Includes the
educational, conceptual, psychosocial, and physical implications of a visual
impairment.
b. Foundations [ : 3 semester hours ].
Includes knowledge of the foundation for educating students with disabilities;
historical, ethical, and legal aspects that include understanding and
application of the regulatory requirements; and expectations associated with
identification, education, and evaluation of students with disabilities.
c. Braille code: 3 semester hours. Includes the literary
code of Braille, its implications for educational and literacy programs for
students with visual disabilities and how to teach the Braille code to students
with visual impairments.
d. Braille reading and writing: 3 semester hours. Includes
instruction in the various technologies used by students who use Braille; basic
instruction on transcription of advanced Braille codes, [ including
uncontracted and contracted Unified English Braille, ] including
music, foreign language, chemistry, [ computer Braille, ]
and Nemeth code (Braille mathematics code); techniques for teaching skills
in each code; and technology tools used to create Braille and tactile materials
in addition to other assistive technologies used for instruction in mathematics
and science.
e. Medical and educational implications of visual
impairment [ : 3 semester hours ]. Includes anatomy of
the human eye, normal visual development, pathology of the eye, examination
procedures for the identification of visual pathology, and the effects of
pathology on visual learning and development.
f. Assistive technology for students with sensory
impairment [ : 3 semester hours ]. Introduces specific
technology and resources available to enhance and improve ability of
individuals with sensory disabilities and includes literacy skill development
of students who are blind or visually impaired using technology.
g. Curriculum and assessment [ : 3 semester
hours ]. Includes knowledge of educational assessments used with
students with visual impairments and additional disabilities including
deaf-blindness. Addresses assessment of technology needs of students with
visual impairments, including functional vision assessments, learning media
assessments, assistive technology, and assessment in areas of the expanded core
curriculum; application of assessment results to development of the
individualized education program (IEP); planning for placement; and services
and accommodations for students with visual impairments.
h. Positive behavior intervention supports [ :
3 semester hours ]. Includes understanding of research-based,
positive behavior intervention supports and individual interventions; knowledge
of the elements of effective instructional planning, differentiation of
instruction, and other instructional approaches to enhance student engagement
and achievement; and understanding of behavior assessments, data collection and
analysis, development and monitoring of behavior intervention plans.
i. Collaboration [ : 3 semester hours ].
Includes skills in consultation, case management, co-teaching, and
collaboration that include understanding roles and responsibilities, knowledge
and application of effective communication skills, of culturally responsive
practices and strategies, and the ability to develop home, school, and
community partnerships to address the needs of students who are visually
impaired.
j. Teaching methods [ : 3 semester hours ].
[ Skills in this area include: ]
(1) [ Includes methods Methods ]
of teaching compensatory skills, the core curriculum, and technology used by
students who are blind and visually impaired; introduces individual family
service plans (IFSPs); and includes understanding and application of
development and implementation of the IEP, including service delivery,
curriculum, and instruction of students who are visually impaired.
(2) Knowledge of the general curriculum 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 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 instruction for students who are visually impaired.
(4) Ability to align the instructional practices and
intervention with the [ Virginia ] Standards of
Learning and state assessments.
(5) Ability to develop and use curriculum-based and
standardized assessments to conduct ongoing evaluations of instructional
materials and practices to assess student needs as they relate to curriculum
design and delivery.
(6) Ability to model and directly teach instructional
strategies in a variety of settings, and monitor student progress.
(7) Ability to adapt materials and procedures to meet the
needs of students with visual impairments.
k. Orientation and mobility. Includes the components of
orientation and mobility (O&M); how the need for independent travel in the
blind population created the field of O&M; and the philosophy and history
of O&M, including cane instruction, dog guides, and methods of travel.
Addresses techniques in developing orientation skills and basic mobility
instruction. Motor and concept skill development are emphasized.
8VAC20-23-530. Special education deaf and hard of hearing
preK-12.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in special
education deaf and hard of hearing; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in special education
deaf and hard of hearing or 27 semester hours in education of students who are
deaf and hard of hearing distributed in the following areas:
a. Foundations: 3 semester hours. Includes knowledge of the
foundation for educating students with disabilities; historical, ethical and
legal aspects that include understanding and application of the regulatory
requirements; and expectations associated with identification, education, and
evaluation of students with disabilities.
b. Characteristics: 3 semester hours. Includes the ability
to demonstrate knowledge of etiologies of hearing loss, definitions,
characteristics, learning, and support needs of students who are deaf and hard
of hearing from pre-K through secondary levels, who may be using various
communication modalities/languages and who may have additional disabilities.
c. Assessment and evaluation: 3 semester hours. Includes an
understanding and application of the foundation of assessment and evaluation
related to best practices, including types and characteristics of assessments,
formal and informal assessment, and the use of assessment information to
determine special education eligibility and inform service delivery,
curriculum, accommodations, instructional methods, and student progress.
Understanding comprehensive evaluation requirements, participation of students
with disabilities in state and local accountability systems, assessment
options, appropriate testing accommodations, and assessment of students from
diverse backgrounds.
d. Instructional planning: 3 semester hours. [ Includes
the following: ]
(1) Familiarity with individual family service plans
(IFSPs).
(2) An understanding and application of development and
implementation of the individualized education program (IEP) including service
delivery, curriculum, and instruction of students who are deaf and hard of
hearing and [ in ] transition.
(3) Knowledge of the general curriculum requirements and
expectations and how to provide access to the curriculum based on student
characteristics and needs.
(4) Ability to assess, interpret data, and implement
instructional practices to address the identified 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 instruction for students who are deaf and hard of
hearing.
(5) Ability to align the instructional practices and
intervention with the [ Virginia ] Standards of
Learning and state assessments.
(6) Ability to develop and use curriculum-based and
standardized assessments to conduct ongoing evaluations of instructional
materials and practices to assess student needs as they relate to the
curriculum design and delivery.
(7) Ability to model and directly teach instructional
strategies in a variety of settings, collaborate with general educators to
develop and implement instructional practices that meet the needs of students
who are deaf and hard of hearing, and monitor student progress.
e. Speech, language, and literacy development: 3 semester
hours. Includes an understanding of the normal developmental sequence of
speech, language (oral, signed, and written), auditory, and cognitive
milestones, varying methodologies and strategies used in assessing language
skills (through the air and spoken) of a student who is deaf and hard of
hearing; demonstrate skills necessary to foster and enhance language
development and communication skills in students who are deaf and hard of
hearing including American Sign Language, cued speech, and listening and spoken
language skills. Ability to model and directly teach instructional strategies
that foster language and literacy development.
f. Classroom and behavior management: 3 semester hours.
Includes an understanding and knowledge of research-based classroom management
techniques, positive behavior intervention supports and individual
interventions; and demonstrated ability to create a safe, orderly classroom
environment including classroom organization, instructional design, and
establishment of classroom routines and procedures. Knowledge of the elements
of effective instructional planning, differentiation of instruction, and other
instructional approaches to enhance student engagement and achievement.
Understanding of behavior assessments, data collection and analysis,
development, and monitoring of behavior intervention plans
g. Audiology and speech and hearing science: 3 semester
hours. Understanding of the basic principles of sound reception and production
including neuroanatomy of speech and hearing mechanisms and physical
characteristics and measurement of acoustic stimuli; biological, neurological,
and acoustic bases of communication; reading and interpreting audiograms and other
audiologic assessments used in determining eligibility; knowledge of types,
degrees, and effects of hearing loss on developmental domains; relevance of age
of onset, age of identification of hearing loss, and age of amplification and
intervention in speech and language development; ability to troubleshoot
hearing aids, external components of cochlear implants, and other assistive
listening devices; [ and ] ability to foster
development of listening skills.
h. Collaboration: 3 semester hours. Includes skills in
consultation, case management, co-teaching, and collaboration that includes
understanding roles and responsibilities, knowledge and application of
effective communication skills, of culturally responsive practices and
strategies, and the ability to develop home, school, and community partnerships
to address the needs of students who are deaf and hard of hearing.
i. Communication modalities: 3 semester hours. Includes
introduction to the various communication modalities used by students who are deaf
and hard of hearing, including listening and spoken language, cued speech,
speech reading, and through the air communication including use of American
Sign Language (ASL) and contact varieties of signed language and coursework to
learn ASL.
8VAC20-23-540. Special education early childhood (birth-age
five years).
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in early
childhood special education; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in early childhood
special education or 27 semester graduate hours in early childhood special
education, including at least one course in each of the following:
a. Foundations and legal aspects of special education: 3
semester hours;
b. Assessment for diagnosis, program planning, and
curriculum-based measurement to document progress for young children with
typical development, disabling, and at-risk conditions: 3 semester hours;
c. Curriculum and instructional programming for preschool:
3 semester hours;
d. Speech and language development and intervention: 3
semester hours;
e. Medical aspects: 3 semester hours;
f. Social and emotional skills and behavior management for
early childhood: 3 semester hours;
g. Consultation, co-teaching, coaching, and mentoring: 3
semester hours;
h. Family-centered intervention: 3 semester hours; and
i. Early childhood elective: 3 semester hours.
8VAC20-23-550. Special education – general curriculum K-12.
Endorsement requirements: The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved program in special education - general
curriculum; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed 27 semester hours in the
education of students with disabilities distributed in the following areas:
a. Core coursework: 12 semester hours distributed among the
following areas:
(1) Foundations: 3 semester hours. 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.
(2) Assessment and evaluation: 3 semester hours. Includes
an 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 the use of assessments and other information to determine special education
eligibility, service delivery, curriculum, and instruction of students with
disabilities. 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.
(3) Collaboration that includes skills in consultation,
case management, co-teaching, and collaboration: 3 semester hours. Includes
understanding roles and responsibilities, knowledge and application of
effective communication skills and of culturally responsive practices and
strategies and the ability to develop home, school, and community partnerships
to address the needs of students with disabilities.
(4) Management of classroom instruction and behaviors: 3
semester hours. Includes an understanding and knowledge of research-based
classroom management techniques, positive behavior support, and individual
interventions and a demonstrated ability to create a safe, orderly classroom
environment, including classroom organization, instructional design, and
establishment of classroom routines and procedures. Knowledge of the elements
of effective instructional planning, differentiation of instruction, and other
instructional approaches to enhance student engagement and achievement.
Understanding of behavior assessments, data collection and analysis,
development, and monitoring of behavior intervention plans.
b. General curriculum coursework: 15 semester hours
distributed in the following areas:
(1) Characteristics: 3 semester hours. Skills in this area
shall include the ability to demonstrate knowledge of definitions,
characteristics, and learning and behavioral support needs of students with
disabilities who are accessing the general education curriculum at the
elementary, middle, and high school levels, including [ but not
limited to, ] students with learning disabilities, emotional
disability, and intellectual disabilities; developmental delay; autism; other
health impairments; traumatic brain injury; and multiple disabilities.
(2) Individualized education program development and
implementation: 3 semester hours. Knowledge of the eligibility process and
legal and regulatory requirements of IEP development [ , ]
including timelines, components, team composition, and 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 Virginia 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.
(3) Transitioning: 3 semester hours. 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 that addresses an understanding of long-term planning,
career development, life skills, community experiences and resources,
self-advocacy, and self-determination, guardianship, and legal considerations.
(4) Instructional strategies in reading and writing: 3
semester hours. [ Skills in this area include: ]
(a) An understanding and application of service delivery,
curriculum, and instruction of students with disabilities in reading and
writing.
(b) Knowledge of the general curriculum, English
requirements and expectations, and how to provide access to the curriculum
based on student characteristics and needs.
(c) 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.
(d) Ability to align the instructional practices and
intervention with the Virginia Standards of Learning and state assessments.
(e) 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.
(f) 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 they relate to the curriculum design and delivery.
(g) 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.
(5) Instructional strategies in mathematics: 3 semester
hours. [ Skills in this area include: ]
(a) An understanding and application of service delivery,
curriculum, and instruction of students with disabilities in mathematics.
(b) Knowledge of the general curriculum mathematics
requirements and expectations and how to provide access to the curriculum based
on student characteristics and needs.
(c) 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.
(d) Ability to align the instructional practices and
intervention with the Virginia Standards of Learning and state assessments.
(e) 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.
(f) 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 they relate to the mathematics curriculum design and delivery.
(g) 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.
8VAC20-23-560. Special education – general curriculum K-6
(add-on endorsement).
Endorsement requirements: The candidate [ must
shall have ]:
1. [ Hold an earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with an endorsement in
elementary education [ (i.e. ], [ such
as ] early/primary education preK-3 or elementary education preK-6
[ ) ].
2. [ Have completed Completed ]
15 semester hours in the education of students with disabilities distributed
in each of the following areas:
a. Foundations: 3 semester hours. 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:
3 semester hours. Knowledge of the eligibility process and legal and regulatory
requirements of IEP development [ , ] including
timelines, components, team composition, and 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
Virginia 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: 3 semester hours. Includes an
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 the use of assessments and other information to determine special education
eligibility, service delivery, curriculum, and instruction of students with
disabilities. 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: 3
semester hours. [ Skills in this area include: ]
(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 Virginia 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 they relate 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: (3 semester
hours). [ Skills in this area include: ]
(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 Virginia 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 they relate 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. Completed a practicum of at least 45
instructional hours. This practicum shall include a minimum of 45 instructional
hours of successful teaching experiences with students with disabilities
accessing the general curriculum in a public or an accredited nonpublic school.
In lieu of the practicum, one year of successful, full-time teaching experience
with students with disabilities accessing the general curriculum in a public or
an accredited nonpublic school may be accepted provided the teacher is assigned
a mentor holding a valid license with an endorsement in special education. ]
8VAC20-23-570. Special education – general curriculum middle
grades 6-8 (add-on endorsement).
Endorsement requirements: The candidate [ must
shall have ]:
1. [ Hold an earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with an endorsement in
middle education [ (i.e. ], [ such
as ] middle education 6-8 English, middle education 6-8 history and
social sciences, middle education 6-8 mathematics, or middle education-sciences
[ ) ].
2. [ Have completed Completed ]
15 semester hours in the education of students with disabilities distributed
in each of the following areas:
a. Foundations: 3 semester hours. 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: 3 semester hours. Knowledge of the eligibility process and
legal and regulatory requirements of IEP development, including timelines,
components, team composition, and 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 Virginia 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: 3 semester hours. 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 that 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: 3
semester hours. [ Skills in this area include: ]
(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 Virginia 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, 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: (3 semester
hours). [ Skills in this area include: ]
(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 Virginia 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 they relate 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. Completed a practicum of at least 45
instructional hours. This practicum shall include a minimum of 45 instructional
hours of successful teaching experiences with students with disabilities
accessing the general curriculum in a public or an accredited nonpublic school.
In lieu of the practicum, one year of successful, full-time teaching experience
with students with disabilities accessing the general curriculum in a public or
an accredited nonpublic school may be accepted provided the teacher is assigned
a mentor holding a valid license with an endorsement in special education. ]
8VAC20-23-580. Special education – general curriculum
secondary grades 6-12 (add-on endorsement).
Endorsement requirements: The candidate [ must
shall have ]:
1. [ Hold an earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
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 Completed ]
15 semester hours in the education of students with disabilities distributed
in each of the following areas:
a. Foundations: 3 semester hours. 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: 3 semester hours. Knowledge of the eligibility process and
legal and regulatory requirements of IEP development, including timelines,
components, team composition, and 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 Virginia 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: 3 semester hours. 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 that 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: 3
semester hours. [ Skills in this area include: ]
(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 Virginia 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 they relate 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: (3 semester
hours). [ Skills in this area include: ]
(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 Virginia 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
they relate 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. Completed a practicum of at least 45
instructional hours. This practicum shall include a minimum of 45 instructional
hours of successful teaching experiences with students with disabilities
accessing the general curriculum in a public or an accredited nonpublic school.
In lieu of the practicum, one year of successful, full-time teaching experience
with students with disabilities accessing the general curriculum in a public or
an accredited nonpublic school may be accepted provided the teacher is assigned
a mentor holding a valid license with an endorsement in special education. ]
8VAC20-23-590. Speech communication (add-on endorsement).
Endorsement requirements. The candidate [ must
shall ] have:
1. [ An earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
a license issued by the Virginia Board of Education with a teaching endorsement
in a teaching area; and
2. [ A Completed a ] minimum
of 15 semester hours in speech communication.
8VAC20-23-600. Theatre arts preK-12.
A. Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in theatre
arts; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in theatre arts or 33
semester hours distributed among the following areas:
a. Directing: 6 semester hours;
b. Technical theatre: 9 semester hours;
c. Cultural context and theatre history: 3 semester hours;
d. Performance: 6 semester hours; and
e. Dramatic literature: 9 semester hours.
B. Add-on endorsement requirements in theatre arts
preK-12. The candidate [ must shall ] have:
1. [ An earned Earned a ]
baccalaureate degree from a regionally accredited college or university and
hold a license issued by the Virginia Board of Education with a teaching
endorsement in a teaching area; and
2. Completed 15 semester hours distributed in the following
areas:
a. Directing: 3 semester hours;
b. Technical theatre: 3 semester hours;
c. Cultural context and theatre history: 3 semester hours;
and
d. Performance: 6 semester hours.
8VAC20-23-610. Visual arts preK-12.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Graduated Earned a
baccalaureate degree from a regionally accredited college or university and
graduated ] from an approved teacher preparation program in visual
arts; or
2. Earned a baccalaureate degree from a regionally
accredited college or university and completed a major in visual arts or 36
semester hours in art distributed in the following areas:
a. Two-dimensional media: 12 semester hours;
b. Three-dimensional media: 12 semester hours;
c. Cultural context and art history: 6 semester hours;
d. Evaluation and criticism and aesthetics: 3 semester
hours; and
e. Related areas of the fine arts: 3 semester hours.
Part VI
Licensure Regulations Governing Support Personnel
8VAC20-23-620. Administration and supervision preK-12.
A. An endorsement in administration and supervision
preK-12 consists of Level I, which is required to serve as a building-level
administrator or central office instructional supervisor, and Level II, which
is an optional endorsement to which an experienced building-level administrator
may aspire. Individuals [ must shall ] meet
the requirements for the administration and supervision preK-12 endorsement
through one of the four options listed in this section. A school leader's
assessment prescribed by the Virginia Board of Education [ must
shall ] be [ met passed ] for
all individuals who are seeking an initial endorsement authorizing them to
serve as principals and assistant principals in the public schools. 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
Virginia Board of Education.
B. Level I, Option I: Approved program route to Level I
administration and supervision preK-12 endorsement. To become eligible for a
Level I endorsement under this option, the candidate [ must
shall ] have:
1. Earned a master's degree from a regionally accredited
college or university;
2. Completed three years of successful, full-time
experience in a public school or accredited nonpublic school in an
instructional personnel position that requires licensure in Virginia;
3. Completed an approved program in administration and
supervision from a regionally accredited college or university;
4. Completed a deliberately structured and supervised
internship that is focused on student academic progress for all students and
that:
a. Provides significant experiences within a school
environment for candidates to synthesize and apply content knowledge and
develop professional skills through school-based leadership experiences;
b. Shall occur in a public or accredited nonpublic school;
c. Provides exposure to five different multiple sites
[ (i.e. ], [ such as ] elementary,
middle [ , ] high, central office, [ and ]
agency [ ), ] with diverse student
populations; and
d. Documents a minimum of 320 clock hours, of which 120
clock hours are embedded as experiential field-based opportunities experienced
during coursework; and
5. Satisfied the requirements for the school leaders
licensure assessment prescribed by the Virginia 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
Virginia Board of Education.
C. Level I, Option II: Alternate route to Level I
administration and supervision preK-12 endorsement restricted to the Virginia
school division in which the superintendent submitted the recommendation for
endorsement. This endorsement is valid only in the designated Virginia school
division and would not be portable or reciprocal. In order to be eligible for
Level I endorsement under this option, the candidate [ must
shall ] have:
1. Earned a master's degree from a regionally accredited
college or university;
2. Completed graduate coursework in school law, evaluation
of instruction, and other areas of study as required by an employing Virginia
school superintendent. The graduate coursework [ must
shall ] be taken from a regionally accredited college or university
that has a state-approved administration and supervision program;
3. Completed three years of successful, full-time
experience in a public school or accredited nonpublic school in an
instructional personnel position that requires licensure in Virginia;
4. Satisfied the requirements for the school leaders
licensure assessment specified by the Virginia Board of Education; and
5. Been recommended by the superintendent in the employing
Virginia school division.
D. Level I, Option III: Alternate route to Level I
administration and supervision preK-12 endorsement. In order to be eligible for
Level I endorsement under this option, the candidate [ must
shall ] have:
1. Earned a master's degree from a regionally accredited
college or university;
2. Completed graduate coursework in school law, evaluation
of instructional personnel, special education, school finance, educational
leadership, and other areas of study as required by an employing Virginia
school superintendent, and the graduate coursework [ must
shall ] be taken from a regionally accredited college or university
that has a state-approved administration and supervision program, or the
candidate [ must shall ] have completed
school law, school finance, and a research-based program approved by the
Virginia Department of Education that includes organizational leadership,
instructional leadership, instructional practices in content areas, data
utilization, evaluation and instructional coaching, and creating positive
school cultures;
3. Completed three years of successful, full-time
experience in a public school or accredited nonpublic school in an
instructional personnel position that requires licensure in Virginia;
4. Satisfied the requirements for the school leaders
licensure assessment specified by the Virginia Board of Education; and
5. Been recommended by the superintendent in the employing
Virginia school division.
E. Level I, Option IV: Out-of-state administration and
supervision endorsement. Virginia does not issue a stand-alone license in
administration and supervision. The endorsement is added to a license. The
candidate [ must shall ] have:
1. Earned a master's degree from a regionally accredited
college or university;
2. Completed three years of successful, full-time
experience in a public school or accredited nonpublic school in an
instructional personnel position;
3. Satisfied the requirements for the school leaders
licensure assessment specified by the Virginia Board of Education; and
4. A current, valid out-of-state license, [ which
is (with ] full credential [ ) ],
with an endorsement in administration and supervision or completed an approved
program in administration and supervision from a regionally accredited college
or university leading to an endorsement as a building-level administrator.
F. Level II: Principal of Distinction endorsement in
administration and supervision preK-12. A building-level administrator may seek
the Principal of Distinction, Level II endorsement in administration and
supervision preK-12 after successfully serving as a building-level
administrator for at least five years in a public school or an accredited
nonpublic school and successfully completing a formal induction program as a
principal or assistant principal. In order to earn the Principal of
Distinction, Level II endorsement, the candidate [ must
shall ] meet two or more of the following criteria as specified by
the Virginia Board of Education and documented in a Virginia Department of
Education approved format and be recommended by the employing Virginia school
division superintendent:
1. Evidence of improved student achievement;
2. Evidence of effective instructional leadership;
3. Evidence of positive effect on school climate or
culture;
4. Earned doctorate in educational leadership or evidence
of formal professional development in the areas of school law, school finance,
supervision, human resource management, and instructional leadership; or
5. Evidence of [ a ] completion
of a high-quality professional development project designed by the division
superintendent.
8VAC20-23-630. Division Superintendent License.
An individual may be a candidate for the list of eligible division
superintendents and the renewable Division Superintendent License through the
completion of the requirements in one of the following four options:
1. Option I. The individual [ must
shall have ]:
a. [ Hold an earned Earned a ]
doctorate degree in educational administration or educational leadership
from a regionally accredited college or university; and
b. [ Have completed Completed ]
five years of educational experience in a public or an accredited nonpublic
school, two of which [ must shall ] be successful,
full-time teaching experience at the preK-12 level and two of which [ must
shall ] be in administration and supervision at the preK-12 level.
2. Option II. The individual
[ must shall have ]:
a. [ Hold an earned Earned a ]
master's degree from a regionally accredited college or university and
[ successfully ] completed 30 graduate semester hours
beyond the conferral date of the master's degree; and
b. [ Have completed Completed ]
requirements for administration and supervision preK-12 endorsement that
includes the demonstration of competencies in the following areas:
(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 yields
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 programs;
(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 Virginia's 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 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 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 Ability to
identify ] and respond to internal and external forces and
influences on a school;
(c) [ Identify Ability to
identify ] and apply the processes of educational policy
development at the state, local, and school level; and
(d) [ Identify Ability to identify ]
and demonstrate ways to influence educational policy development at the
state, local, and school level.
3. Option III. The individual [ must
shall have ]:
a. [ Hold an earned Earned a ]
master's degree from a regionally accredited college or university;
b. [ Hold a A ] current,
valid out-of-state license with an endorsement as a division or district
superintendent; and
c. [ Have completed Completed ]
five years of [ successful ] educational experience
in a public or an accredited nonpublic school, two of which must be [ successful, ]
full-time teaching experience at the preK-12 level and two of which must be
in [ successful ] administration and
supervision.
4. Option IV. The individual [ must
shall have ]:
a. [ Hold an earned Earned a ]
master's degree or its equivalent from a regionally accredited college or
university;
b. [ Have held A minimum of three
years of successful, full-time experience in ] a senior leadership
position [ , ] such as chief executive officer or
senior military officer; and
c. Be recommended by a [ Virginia ] school
board interested in employing the individual as superintendent.
8VAC20-23-640. Mathematics specialist for elementary
education.
Endorsement requirements. The candidate [ must
shall ] have:
[ 1. Earned a baccalaureate degree from a
regionally accredited college or university and an endorsement in a teaching
area;
2. 1. ] Completed at least three
years of successful, full-time teaching experience in a public or accredited
nonpublic school in which the teaching of mathematics was an important
responsibility; and
[ 3. 2. ]
Either:
a. Graduated from [ an a
graduate-level ] approved mathematics specialist [ for ]
elementary [ education ] preparation program - master's
[ level degree from a regionally accredited college or
university required ]; or
b. Completed a [ master's
graduate- ] level program in mathematics, mathematics education, or
related education field [ - master’s degree from a regionally
accredited college or university required - ] with at least 21
semester hours undergraduate or graduate mathematics coursework distributed in
the following areas: (i) number and operations; (ii) rational numbers; (iii)
geometry and measurement; (iv) probability and statistics; (v) algebra and
functions; and (vi) at least nine semester hours of graduate coursework
pertaining to mathematics education in mathematics instructional leadership,
evaluation of mathematics curriculum and instruction, mathematical learning theory,
and student assessment for mathematics.
8VAC20-23-650. Mathematics specialist for [ elementary
and ] middle education.
Endorsement requirements. The candidate [ must
shall ] have:
[ 1. Earned a baccalaureate degree from a
regionally accredited college or university and an endorsement in a teaching
area;
2. 1. ] Completed at least three
years of successful, full-time teaching experience in a public or accredited
nonpublic school in which the teaching of mathematics was an important
responsibility;
[ 3. Hold 2. A Virginia license with a
Mathematics – algebra I (add-on) or mathematics (secondary) ] teaching
endorsement (6-12); and
[ 4. 3. ] Either:
a. Graduated from [ an a
graduate-level ] approved mathematics specialist [ for
elementary and ] middle education preparation program - master's
[ level degree from a regionally accredited college or
university required ]; or
b. Completed a [ master's
graduate- ] level program in mathematics, mathematics education, or
related education field [ - master's degree from a regionally
accredited college or university required - ] with at least 21
semester hours of undergraduate or graduate mathematics coursework distributed
in the following areas; (i) number and operations; (ii) rational numbers; (iii)
geometry and measurement; (iv) probability and statistics; (v) algebra and
functions; and (vi) at least nine semester hours of graduate coursework
pertaining to mathematics education in mathematics instructional leadership,
evaluation of mathematics curriculum and instruction, mathematical learning
theory, and student assessment for mathematics.
8VAC20-23-660. Reading specialist.
Endorsement requirements. The candidate [ must
shall ] have:
1. [ Completed Graduated from ]
a [ state-approved ] graduate-level reading specialist
[ state-approved ] preparation program - master's
degree [ from a regionally accredited college or university ]
required - that includes course experiences of at least 30 semester hours of
graduate coursework in the competencies for the endorsement, as well as a
practicum experience in the diagnosis and remediation of reading difficulties
[ .; ]
2. Satisfied the requirements for the reading specialist
assessment specified by the Virginia Board of Education [ .;
and ]
3. At least three years of successful classroom teaching
experience in which the teaching of reading was an important responsibility.
8VAC20-23-670. School counselor preK-12.
Endorsement requirements.
1. Option I. The candidate [ must
shall ] have:
a. Earned a master's degree from a regionally accredited
college or university [ and completed an approved in
a state-approved ] school counselor preparation program that shall
include at least 100 clock hours of internship and practicum experiences in the
preK-6 setting and 100 clock hours of internship and practicum experiences in
the grades 7-12 setting; and
b. Two years of successful, full-time teaching experience
or two years of successful, full-time experience in school counseling in a
public or an accredited nonpublic school. Two years of successful, full-time
experience in school counseling in a public or an accredited nonpublic school
under a [ nonrenewable ] Provisional License may be
accepted to meet this requirement.
2. Option II. The candidate [ must
shall ] have:
a. Earned a master's degree from a regionally accredited
college or university and completed an approved school counselor preparation
program that shall include at least 100 clock hours of internship and practicum
experiences in the preK-6 setting and 100 clock hours of internship and
practicum experiences in the grades 7-12 setting; and
b. Two years of successful, full-time teaching experience
or two years of successful, full-time experience in school counseling in a
public or an accredited nonpublic school. Two years of successful, full-time
experience in school counseling in a public or an accredited nonpublic school
under a nonrenewable Provisional License may be accepted to meet this
requirement.
8VAC20-23-680. School manager license.
A. The school manager license is intended to provide for
the differentiation of administrative responsibilities in a school setting. A
school manager is licensed to administer noninstructional responsibilities in
an educational setting. For example, a school manager is restricted from evaluating
teachers, supervising instruction, developing and evaluating curriculum, and
serving as a school's student disciplinarian.
B. To earn a school manager license, the candidate
[ must shall ]:
1. Have earned a baccalaureate degree from a regionally
accredited college or university;
2. Have three years successful, full-time managerial
experience; and
3. Be recommended for the license by a Virginia school
division superintendent.
8VAC20-23-690. School psychology.
Endorsement requirements:
1. Option I. The candidate [ must
shall ]:
a. Complete an approved program in school psychology;
b. Earn a baccalaureate degree from a regionally accredited
college or university and complete 60 graduate-level hours, 54 of which are
academic coursework, exclusive of field-based experiences, that culminate in at
least a master's degree; and
c. 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, that is, 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
a public or ] accredited [ nonpublic ] school
setting.
2. Option II. The candidate [ must
shall ] hold a currently valid certificate issued by the National
School Psychology Certification Board.
8VAC20-23-700. School social worker.
Endorsement requirements. The candidate [ must
shall ] have:
1. 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-level semester hours;
[ or earned an advanced standing master's of social work degree from a
regionally accredited college or university with a minimum of 30 graduate-level
semester hours; ]
2. A minimum of six graduate semester hours in education to
include six semester hours from two of the following courses:
a. [ The Foundations of education
and 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).
3. Completed a supervised practicum or field experience of
a minimum of 400 clock hours in a public or an 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 an accredited
nonpublic school may be accepted in lieu of the school social work practicum.
8VAC20-23-710. Vocational evaluator.
Endorsement requirements:
1. Option I. The candidate [ must
shall ] be certified as a vocational evaluation specialist by
holding a professional vocational evaluator (PVE) credential or a certified
vocational evaluator (CVE) specialist credential, meeting all standards and
criteria of the Commission on Certification of Work Adjustment and Vocational
Evaluation Specialists (CCWAVES).
2. Option II. The candidate [ must
shall ] have earned a master's degree in vocational evaluation,
career and technical education, special education, or rehabilitation counseling
[ from a regionally accredited college or university ] and
completed 15 graduate semester hours distributed in the following areas:
a. Tests and measurements: 3 semester hours;
b. Medical and educational aspects of disability: 3
semester hours;
c. Occupational information and job analysis: 3 semester
hours;
d. Purposes and practices of vocational evaluation: 3
semester hours; and
e. Career, life planning, and transition services: 3
semester hours.
Part VII
Revocation, Cancellation, Suspension, Denial, and Reinstatement of [ Teaching ]
Licenses
8VAC20-23-720. Revocation.
A. A license issued by the Virginia Board of Education may
be revoked for the following reasons:
1. Obtaining or attempting to obtain [ such
a ] license by fraudulent means or through misrepresentation of
material facts;
2. Falsification of school records, documents, statistics,
or reports;
3. Conviction of any felony;
4. Conviction of any misdemeanor involving moral turpitude;
5. Conviction of any misdemeanor involving a [ student
or ] minor [ child or drugs, not including alcohol ];
6. [ Conviction of any misdemeanor
involving drugs (not alcohol);
7. ] Conduct with direct and detrimental effect
on the health, welfare, discipline, or morale of [ students
a student or minor ];
[ 7. 8. ] Misapplication of
or failure to account for school funds or other school properties with which
the licensee has been entrusted;
[ 8. 9. ] Acts related to
secure mandatory tests as specified in subsection A of § 22.1-292.1 of the
Code of Virginia;
[ 9. 10. ] Knowingly and
willfully with the intent to compromise the outcome of an athletic competition
procure, sell, or administer anabolic steroids or cause such drugs to be
procured, sold, or administered to a student who is a member of a school
athletic team, or fail to report the use of such drugs by a student to the
school principal and division superintendent as required by clause (iii) of
subsection A of § 22.1-279.3:1 of the Code of Virginia. Any person whose
license is suspended or revoked by the board pursuant to this section shall be
ineligible for three school years for employment in the public schools of the
Commonwealth;
[ 10. 11. ] Revocation,
suspension, surrender, cancellation, invalidation, or denial of, or other
adverse action against, a teaching, administrator, pupil personnel services, or
other education-related certificate or license by another state, territory, or
country; [ or denial of an application for any such certificate or
license; ]
[ 11. 12. ] Founded case of
child abuse or neglect after all [ appeal rights
administrative appeals ] have been exhausted;
[ 12. 13. ] Notification of
dismissal or resignation pursuant to subsection F of § 22.1-313 of the
Code of Virginia; or
[ 13. 14. ] Other good and
just cause in the best interest of the public schools of the Commonwealth of
Virginia.
B. Procedures.
1. A complaint may be filed by anyone, but it shall be the
duty of a division superintendent, principal, or other responsible school
employee to file a complaint in any case in which he has knowledge that a
[ holder of a license is guilty of any offense basis for
the revocation of a license exists, as ] set forth in subsection A
of this section. The person making the complaint shall submit the complaint in
writing to the appropriate division superintendent. [ If the
subject of the complaint is the division superintendent, the person making the
complaint may submit the complaint to the chair of the local school board. ]
2. Upon receipt of the complaint against the holder of a
license, a division superintendent or his duly authorized representative shall
[ immediately and thoroughly ] investigate the complaint.
If, on the basis of such investigation, the division superintendent finds the
complaint to be without merit, he shall so notify the complaining party or
parties in writing and then close his file on the matter. This action shall be
final unless the local school board, on its own motion, votes to proceed to a
hearing on the complaint.
C. Petition for revocation. Should the division
superintendent or local school board conclude that there is reasonable cause to
believe that a [ complaint against the holder of a license is
well founded basis for revocation of the license exists ],
the license holder shall be notified of the complaint by a written petition for
revocation of a license signed by the division superintendent. A copy of such
petition shall be sent by certified mail, return receipt requested, to the
license holder's last known address.
D. Form of petition. The petition for the revocation of a
license shall set forth:
1. The name and last known address of the person against
whom the petition is being filed;
2. The type of license and the license number held by the
person against whom the petition is being filed;
3. The [ offenses alleged basis
for revocation ] and the specific [ underlying alleged ]
actions [ that comprise the alleged offenses ];
4. A statement of rights of the person [ charged
under this chapter against whom the petition is being filed ].
The statement of rights shall [ notify the person that any adverse
action against a license, including revocation, will be reported to the
division superintendents in Virginia and, through a national clearinghouse, to
chief state school officers of the other states and territories of the United
States. The statement also shall ] include notification to the
person of the right to cancel the license if he chooses not to contest the
allegations in the petition. The statement [ must
shall ] notify the individual that he shall receive a notice of
cancellation that will include the statement: "The license holder
voluntarily returned the license in response to a petition for
revocation." The individual also shall be notified that the cancellation
of the license will be reported to division superintendents in Virginia and
[ , through a national clearinghouse, ] to chief state
school officers of the other states and territories of the United States; and
5. Any other pertinent information.
E. Filing of petition. The original petition shall be
entered in the files of the local school board where the license holder is or
was last employed.
F. Response to petition. The license holder shall present
his written answer to the petition, if any, within 14 days of delivery or
attempted delivery of the petition as certified by the United States Postal
Service.
1. If the license holder does not wish to contest the
allegations in the petition, he may [ cancel request
cancellation of ] the license by [ returning
the license to the division superintendent with submitting ] a
written, signed statement requesting cancellation in response to a petition for
revocation. The division superintendent shall forward the request for
cancellation along with the petition for revocation to the Superintendent of
Public Instruction within 14 days of receipt. The Superintendent of Public
Instruction shall cancel the license and send a notice of cancellation to the
person by certified mail within 14 days of receipt of the request for
cancellation.
2. If the license holder files a written answer admitting
or denying the allegations in the petition or fails to file a written answer
within 14 days of delivery or attempted delivery of the petition [ , ]
as certified by the United States Postal Service, the local school board
shall [ promptly ] proceed to a hearing
[ within 90 days of mailing the petition to the license holder and
provide the Superintendent of Public Instruction a copy of the petition and
investigative file at the time the local school board hearing is scheduled ].
The local school board shall provide a hearing at the time and place of its
regular meeting or at such other reasonable time and place it may specify. The
license holder or his representative, if any, shall be given at least 14 days'
notice of the hearing.
3. At the hearing, the local school board shall receive the
recommendation of the division superintendent and then either deny the petition
or recommend license revocation or suspension. A decision to deny the petition
shall be final, except as specified in subsection G of this section, and the
investigative file on the petition shall be closed and maintained as a separate
file. Any record or material relating to the allegations in the petition shall
be placed in the investigative file. Should the local school board recommend
the revocation or suspension of a license, the division superintendent shall
forward the recommendation [ , petition, ] and
[ the ] investigative file to the Superintendent of
Public Instruction within 14 days.
G. Revocation on motion of the Virginia Board of
Education. The Virginia Board of Education reserves the right to act directly
to revoke a license when the Virginia Board of Education has reasonable cause
to believe that subsection A of this section is applicable. The Superintendent
of Public Instruction may send a petition for revocation to the license holder
as provided by subsection D of this section. The license holder shall have the
opportunity to [ respond present his written answer,
if any, ] to the petition [ or request cancellation
of the license ] within 14 days of delivery or attempted
delivery of the petition, as certified by the United States Postal Service.
1. [ If the license holder does not wish to
contest the allegations in the petition, he may request the cancellation of the
license by submitting a written, signed statement requesting cancellation in
response to a petition for revocation. The Superintendent of Public Instruction
shall cancel the license and send a notice of cancellation to the person by certified
mail within 14 day of receipt of the request for cancellation.
2. ] If the license holder files a written
answer admitting the allegations in the petition or fails to file a written
answer within 14 days of delivery or attempted delivery of the petition
[ , ] as certified by the United States Postal Service, the
petition shall be forwarded to the Virginia Board of Education for action. No
revocation will be ordered without the involved license holder being given the
opportunity to appear at a hearing specified in 8VAC20-23-780 C.
[ 2. 3. ] If the license
holder timely files his written answer denying the allegations in the petition,
the Superintendent of Public Instruction shall schedule a hearing with the
investigative panel provided in 8VAC20-23-780 A. The license holder or his
representative, if any, shall be given at least 14 days' notice of the hearing.
The investigative panel shall take action on the petition as specified in
8VAC20-23-780 A. No revocation will be ordered without the involved license
holder being given the opportunity to appear at a hearing specified in
8VAC20-23-780 C.
H. Reinstatement of license. A license that has been
revoked may be reinstated by the Virginia Board of Education after five years
if the board is satisfied that reinstatement is in the best interest of the
public schools of the Commonwealth of Virginia. The individual seeking
reinstatement [ must shall ] submit a
written request and completed application to the board. [ The
request for reinstatement will be reviewed by the Superintendent of Public
Instruction's investigative panel pursuant to 8VAC20-23-780. ] Notification
to all appropriate parties will be communicated in writing by the Virginia
Department of Education.
8VAC20-23-730. Cancellation.
A. A license may be canceled by the voluntary return of
the license by the license holder [ in response to a petition for
revocation or suspension or pursuant to a court order ]. Reasons
for cancellation are the same as those listed under 8VAC20-23-720 A.
B. The individual may voluntarily return the license to
the division superintendent or the Superintendent of Public Instruction with a
written, signed statement requesting cancellation. The individual shall
acknowledge in the request that he understands that the notice of cancellation
will include the statement: "The license holder voluntarily [ returned
surrendered ] his teaching license and requested cancellation.
Reasons for cancellation are the same as those for revocation."
[ However, if the request for cancellation is in response to a
petition for revocation, the The ] individual shall
[ also ] acknowledge that he understands that the notice of
cancellation will include the statement: "The license holder voluntarily
[ returned surrendered ] the license in
response to a petition for revocation [ or suspension or a court
order ]." The individual also shall acknowledge that he
understands that the cancellation of the license will be reported to division
superintendents in Virginia and [ , through a national
clearinghouse, ] to chief state school officers of the other states
and territories of the United States. The division superintendent shall forward
any request for cancellation and, if applicable, the petition for revocation
[ or suspension ] to the Superintendent of Public
Instruction within 14 days of receipt. The Superintendent of Public Instruction
shall cancel the license and send the person a notice of cancellation by
certified mail within 14 days of receipt of the request for cancellation.
C. A license that has been canceled may be reinstated by
the Virginia Board of Education if the board is satisfied that reinstatement is
in the best interest of the public schools of the Commonwealth of Virginia. The
individual seeking reinstatement [ must shall ]
submit a written request and completed application to the board. [ The
request for reinstatement will be reviewed by the Superintendent of Public
Instruction's investigative panel pursuant to 8VAC20-23-780 A. ]
Notification to all appropriate parties will be communicated in writing by
the Virginia Department of Education.
8VAC20-23-740. Suspension.
A. A license may be suspended for the following reasons:
1. Physical, mental, or emotional incapacity as shown by a
competent medical authority;
2. Incompetence or neglect of duty;
3. Failure or refusal to comply with school laws and
regulations, including willful violation of contractual obligations;
4. Acts related to secure mandatory tests as specified in
subsection A of § 22.1-292.1 of the Code of Virginia;
5. Knowingly and willfully with the intent to compromise
the outcome of an athletic competition procure, sell, or administer anabolic
steroids or cause such drugs to be procured, sold, or administered to a student
who is a member of a school athletic team, or fail to report the use of such
drugs by a student to the school principal and division superintendent as
required by clause (iii) of subsection A of § 22.1-279.3:1 of the Code of
Virginia. Any person whose license is suspended or revoked by the board pursuant
to this section shall be ineligible for three school years for employment in
the public schools of the Commonwealth; or
6. Other good and just cause in the best interest of the
public schools of the Commonwealth of Virginia.
B. Procedures.
1. A complaint may be filed by anyone, but it shall be the
duty of a division superintendent, principal, or other responsible school
employee to file a complaint in any case in which he has knowledge that
[ the license holder has committed any offense a basis
for suspension exists, as ] set forth in subsection A of this
section. The person making the complaint shall submit the complaint in writing
to the appropriate division superintendent. [ If the subject of the
complaint is the division superintendent, the person making the complaint may
submit the complaint to the chair of the local school board. ]
2. Upon receipt of the complaint against the holder of a
license, a division superintendent or his duly authorized representative shall
[ immediately and thoroughly ] investigate the complaint.
If, on the basis of such investigation, the division superintendent finds the
complaint to be without merit, he shall so notify the complaining party or
parties in writing and then close his file on the matter. This action shall be
final unless the local school board on its own motion votes to proceed to a
hearing on the complaint.
C. Petition for suspension. Should the division
superintendent or local school board conclude that there is reasonable cause to
believe that a [ complaint against the holder of a license is
well founded basis for suspension of the license exists ],
the license holder shall be notified of the complaint by a written petition for
suspension of a license signed by the division superintendent. A copy of such
petition shall be sent by certified mail, return receipt requested, to the
license holder's last known address.
D. Form of petition. The petition for the suspension of a
license shall set forth:
1. The name and last known address of the person against
whom the petition is being filed;
2. The type of license and the license number held by the
person against whom the petition is being filed;
3. The [ offenses alleged basis
for suspension ] and the specific [ underlying alleged ]
actions [ that comprise the alleged offenses ];
4. A statement of the rights of the person against whom the
petition is being filed. The statement of rights shall notify the person
[ that the license may be suspended for up to five years with the
period of suspension, as determined by the Virginia Board of Education. In
addition, the statement shall notify the person that any adverse action against
a license, including suspension, will be reported to the division
superintendents in Virginia and, through a national clearinghouse, to chief
state school officers of the other states and territories of the United States.
The statement also shall notify the person ] of the right to cancel
the license if he chooses not to contest the allegations in the petition
[ . The statement also shall notify the individual that the license
may be suspended for up to five years and that and notify the individual
that if he cancels the license, ] he shall receive a notice of
cancellation that will include the statement: "The license holder
voluntarily returned the license in response to a petition for
suspension." The individual also shall be notified that the cancellation
[ and period of suspension ] will be reported to
division superintendents in Virginia and [ , through a national
clearinghouse, ] to chief state school officers of the other states
and territories of the United States; and
5. Any other pertinent information.
E. Filing of petition. The original petition shall be
entered in the files of the local school board where the license holder is or
was last employed.
F. Response to petition. The license holder shall present
his written answer to the petition, if any, within 14 days of delivery or
attempted delivery of the petition, as certified by the United States Postal
Service.
1. If the license holder does not wish to contest the
allegations in the petition, he may [ cancel request
cancellation of ] the license by [ returning the
license to the division superintendent with submitting ] a
written and signed statement requesting cancellation [ in response
to a petition for suspension to the division superintendent ]. The
division superintendent shall forward the request for cancellation along with
the petition for suspension to the Superintendent of Public Instruction within
14 days of receipt. The Superintendent of Public Instruction shall cancel the
license and send the person a notice of cancellation [ to the
person ] by certified mail within 14 days of receipt of the request
for cancellation.
2. If the license holder files a written answer admitting
or denying the allegations in the petition or fails to file a written answer
within 14 days of delivery or attempted delivery of the petition [ , ]
as certified by the United States Postal Service, the local school board
shall promptly proceed to a hearing. The local school board shall provide a
hearing at the time and place of its regular meeting or at such other
reasonable time and place it may specify. The license holder or his
representative, if any, shall be given at least 14 days' notice of the hearing.
3. At its hearing, the local school board shall receive the
recommendation of the division superintendent and then either deny the petition
or recommend suspension. A decision to deny the petition shall be final, except
as specified in subsection G of this section, and the investigative file on the
petition shall be closed and maintained as a separate file. Any record or
material relating to the allegations in the petition shall be placed in the
investigative file. Should the local school board recommend the suspension of a
license, the division superintendent shall forward the recommendation and the
investigative file to the Superintendent of Public Instruction within 14 days.
G. Suspension on motion of the Virginia Board of
Education. The Virginia Board of Education reserves the right to act directly
to suspend a license when the Virginia Board of Education has reasonable cause
to believe that subsection A of this section is applicable. The Superintendent
of Public Instruction may send a petition for suspension to the license holder
as specified in subsection D of this section. The license holder shall have the
opportunity to [ respond present his written answer ]
to the petition [ or request cancellation of the license,
if any, ] within 14 days of delivery or attempted delivery of the
petition, as certified by the United States Postal Service.
1. [ If the license holder does not wish to
contest the allegations in the petition, he may request cancellation of the
license by submitting a written, signed statement requesting cancellation in
response to a petition for suspension. The Superintendent of Public Instruction
shall cancel the license and send a notice of cancellation to the person by
certified mail within 14 days of receipt of their request for cancellation.
2. ] If the license holder files a written
answer admitting the allegations in the petition or fails to file a written
answer within 14 days of delivery or attempted delivery of the petition
[ , ] as certified by the United States Postal Service, the
petition shall be forwarded to the Virginia Board of Education for action. No
suspension will be ordered without the involved license holder being given the
opportunity to appear at a hearing specified in 8VAC20-23-780 C.
[ 2. 3. ] If the license
holder timely files his written answer denying the allegations in the petition,
the Superintendent of Public Instruction shall schedule a hearing with the
investigative panel provided in 8VAC20-23-780 A. The license holder or his
representative, if any, shall be given at least 14 days' notice of the hearing.
The investigative panel shall take action on the petition as specified in
8VAC20-23-780 A. No suspension will be ordered without the involved license
holder being given the opportunity to appear at a hearing specified in
8VAC20-23-780 C.
H. Reinstatement of license. A license may be suspended
for a period of time not to exceed five years. The license may be reinstated by
the Superintendent of Public Instruction, upon written request and application,
with verification that all [ requirements for license renewal
all conditions for licensure ] have been satisfied.
Notification to all appropriate parties will be communicated in writing by the
Virginia Department of Education.
8VAC20-23-750. Denial.
[ A. ] A license may be denied for the
following reasons:
1. Attempting to obtain [ such a ]
license by fraudulent means or through misrepresentation of material facts;
2. Falsification of records or documents;
3. Conviction of any felony;
4. Conviction of any misdemeanor involving moral turpitude;
5. Conviction of any misdemeanor involving a [ minor
child or drugs, not including alcohol student or minor ];
6. [ Conviction of any misdemeanor involving
drugs (not alcohol);
7. ] Conduct with [ a ]
direct and detrimental effect on the health, welfare, discipline, or morale
of [ students a student or minor ];
[ 7. 8. ] Revocation,
suspension, surrender, cancellation, invalidation, or denial of, or other
adverse action against, a teaching, administrator, pupil personnel services, or
other education-related certificate or license by another state, territory, or
country [ , or denial of an application for any such certificate or
license ];
[ 8. 9. ] Founded case of
child abuse or neglect, after all [ appeal rights
administrative appeals ] have been exhausted; or
[ 9. 10. ] Other good and
just cause in the best interest of the public schools of the Commonwealth of
Virginia.
[ B. Any denial of a license for a reason set forth
in 8VAC20-23-750 A shall be reported to division superintendents in Virginia
and, through a national clearinghouse, to chief state school officers of the
other states and territories of the United States. ]
8VAC20-23-760. Expired [ licenses
license ].
[ A. The holder of a license that has expired must
apply for a license according to the procedures set forth in 8VAC20-23-40 or
8VAC20-23-110. Such application may be denied renewal by the Superintendent of
Public Instruction for any of the reasons specified in 8VAC20-23-750. No such
denial will be ordered unless the license holder is given the opportunity for
the hearing specified in 8VAC20-23-780 C.
B. A Action against a ] license
issued by the Virginia Board of Education may be [ revoked or
suspended taken ] for any of the reasons listed in 8VAC20-23-720
A [ or, ] 8VAC20-23-740 A, [ or
8VAC20-23-750 A ] even if the license is expired, as long as the
basis for action occurred prior to the issuance of the license or while the
license was active.
8VAC20-23-770. Right to counsel and transcript.
A license holder or applicant shall have the right, at his
own expense, to be represented by an attorney or other representative at (i)
any local school board hearing provided for in 8VAC20-23-720 F 2 or
8VAC20-23-740 F 2, (ii) [ the ] investigative panel
hearing provided for in 8VAC20-23-780 A, or (iii) [ in ] proceedings
before the Virginia Board of Education as specified in 8VAC20-23-780 C. The
hearing before the local school board provided for in 8VAC20-23-720 F 2 or
8VAC20-23-740 F 2 and the investigative panel hearing provided for in
8VAC20-23-780 A shall be recorded, and [ , ] upon
written request [ , ] the license holder or applicant
shall be provided a transcript of the hearing at his own expense. Any such
hearing before the Virginia Board of Education shall be recorded, and
[ , ] upon written request [ , ] the
license holder or applicant shall be provided a transcript of the hearing at no
charge.
8VAC20-23-780. Action by the Superintendent of Public
Instruction and the Virginia Board of Education.
A. Upon receipt of a petition, the Superintendent of
Public Instruction will ensure that an investigative panel at the state level
reviews the petition. The panel shall consist of three to five members selected
by the Superintendent of Public Instruction. The applicant or license holder
shall be given at least 14 days' notice of the date, time, and location of the
investigative panel hearing when his case will be considered. The Virginia
Department of Education shall ensure that the applicant or license holder receives
all documentation that will be used during the investigative panel hearing
prior to the hearing. Representatives of the local school division and the
applicant or license holder are entitled to be present with counsel and
witnesses if so desired. The investigative panel hearing shall be recorded. The
recommendation of the investigative panel is made to the Superintendent of
Public Instruction who will forward his recommendation and the documentation
used during the investigative panel hearing to the Virginia Board of Education
or its duly designated committee [ for consideration ] at
one of its scheduled meetings. The applicant or license holder shall be given
at least 14 days' notice of the Virginia Board of Education meeting when his
case will be considered. Following the investigative panel hearing, the
Virginia Department of Education shall forward the recommendation of the
investigative panel to the applicant or license holder as soon as practicable,
but no later than 14 days prior to the scheduled Virginia Board of Education
meeting when his case will be considered.
B. The Superintendent of Public Instruction is authorized
to approve the issuance of licenses for individuals who have a misdemeanor
[ convictions conviction ] related to drugs,
not including alcohol, based on a review of the cases. No individual
[ would will ] be denied a license without a
hearing of the Virginia Board of Education as required in this section.
C. [ The applicant or license holder and
representatives of the local school division are entitled to be present with
counsel and witnesses, if so desired, at the hearing of the Virginia Board of
Education. ] The Virginia Board of Education, or its duly
designated committee, shall consider the recommendation of the Superintendent
of Public Instruction and such relevant and material evidence as the applicant
or license holder [ and representative of the local school division ]
may desire to present at the hearing. At its discretion, the Virginia Board
of Education may ask the applicant or license holder questions. At the
conclusion of the hearing, the Virginia Board of Education will announce its
decision.
D. The decision of the Virginia Board of Education shall
be recorded in the minutes of the meeting, and the applicant or license holder
and principal complainants will receive written notice of the decision.
8VAC20-23-790. Right of applicant or license holder to
appear at hearing.
An applicant or a license holder shall have the right to
appear in person at the hearings held by the local school board, [ the
Superintendent's Investigative Panel, ] Virginia Board of
Education, or board committee described in this part unless he is confined to
jail or a penal institution. The local school board or Virginia Board of
Education, at its discretion, may continue such hearings for a reasonable time
if the applicant or license holder is prevented from appearing in person for
reasons such as [ a ] documented medical [ condition ]
or mental impairment.
8VAC20-23-800. Notification.
Notification of the revocation, suspension, cancellation,
denial, or reinstatement of a license shall be made by the Superintendent of
Public Instruction, or his designee, to division superintendents in Virginia
and [ , through a national clearinghouse, ] to chief
state school officers of the other states and territories of the United States.
VA.R. Doc. No. R13-3476; Filed July 3, 2018, 11:22 a.m.
TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Final 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.
Effective Date: August 23, 2018.
Agency Contact: Patty S. Pitts, Assistant Superintendent
for Teacher Education and Instruction, Department of Education, P.O. Box 2120,
Richmond, VA 23218, telephone (804) 371-2522, or email
patty.pitts@doe.virginia.gov.
Summary:
The regulatory 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 regulations focus on (i)
revision of selected definitions to conform with changes in the regulations;
(ii) modifications in administration of the regulations, including national
accreditation for all approved Virginia professional education programs,
increased rigor in biennial measures of accountability, and a new appeal
process for programs falling below biennial standards to address areas of
stipulation; (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.
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.
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 [ nationally ] 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:"
education preparation program profile" ] means the Virginia
Department of Education yearly data [ report card
education preparation program profile ] 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). [ Field experiences are
required for all programs. ]
"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
[ foundations of education and 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 [ the ] 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
have successfully completed all coursework, but who have not completed
supervised student teaching or the required internship ]. 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.
"[ Virginia ] 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 an
approved ] 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. [ Candidates
in education endorsement programs must demonstrate an understanding of
competencies, including the core concepts and facts of the disciplines and the
Virginia Standards of Learning, for the content areas they plan to teach.
Professional education programs shall ensure that candidates demonstrate skills
needed to help preK-12 students achieve college and career performance
expectations. ]
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 education preparation program profile ]
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. [ In administering this chapter, licensure
requirements for Virginia are outlined in the Licensure Regulations for School
Personnel (8VAC20-23) This document should be referenced for detailed
information regarding requirements for Virginia licensure. An individual must
meet licensure requirements set forth in the Code of Virginia.
P. ] 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.
[ Q. Upon the effective date of this chapter, the
Board of Education grants colleges and universities two years to align their
existing approved programs with this chapter and allows only college and universities
that on the effective date of this chapter are accredited by the Board of
Education process four years to become accredited by the Council for the
Accreditation of Educator Preparation (CAEP) with the option of submitting a
progress report to the Superintendent of Public Instruction to request an
additional year, if needed. ]
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 have successfully completed all coursework, but who have
not completed supervised student teaching or the required internship ].
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 [ successful ] 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, [ gender, exceptionality, religion, geographic, ]
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, [ gender,
exceptionality, religion, geographic, ] 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
graduates ] 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
graduates ] 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 [ the ] 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 have
successfully completed all coursework, but who have not completed supervised
student teaching or the required internship ]. 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,
[ gender, exceptionality, religion, geographic, ] 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
graduates ] 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 Institutions with education endorsements
programs that fall below the 80% biennial requirement shall submit to the Board
of Education for approval an improvement plan to address the areas of
stipulation, including measurable goals and timelines. Semiannual reports must
be submitted to the Director of Teacher Education to document the progress in
addressing the goals toward elimination of the stipulation until the next
biennial review period. The 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. [ However, if the education endorsement
program has less than 10 program completers and noncompleters, the institution
must submit an annual report attesting to continued progress in meeting the
requirements. ]
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
education preparation program profile ].
The accredited professional education program shall submit
to the Virginia Department of Education a yearly [ data report
card education preparation program profile ] on the
preparation of professional school personnel. The [ report card
education preparation program profile ] shall be published on the
department's website. The information required on the [ report
card education preparation program profile ] shall be
approved by the Board of Education and [ will shall ]
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. Comparison of candidates, admitted to
education endorsement programs to overall college or university population; ]
5. Number of program completers [ ,
including number of program completers in critical shortage teaching areas
for each endorsement program ];
6. Number of program noncompleters [ for each
endorsement program ];
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
of ] student teachers;
[ 12. 9. ] Satisfaction
ratings by employers of program [ completers
graduates ];
[ 13. 10. ] Satisfaction
ratings of program [ completers graduates ] within
two years of employment; [ and
11. Recognition of other program achievements; and
14. 12. ] 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) (8VAC20-23) ].
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 [ a
minimum of ] 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 [ , complete a methods of teaching
elementary history and social sciences course, ] 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. F. ] 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–
cognitive - ] 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,; trauma,
including child abuse, and neglect and other adverse childhood experiences; ]
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; [ varied and ] effective
[ methods of ] communication with and among students;
selection and use of materials, including media and contemporary technologies;
[ and ] 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 shall ] be included.
(3) Instructional practices that are sensitive to
culturally and linguistically diverse learners, including [ limited
English proficient students English learners ], 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
[ Virginia ] 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
engagement ] 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 [ : Comprehensive Standards
for Four-Year-Olds ].
(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 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 and training or certification in
emergency first aid, cardiopulmonary resuscitation, and the use of automated
external defibrillators must be included.
(9) ] 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 [ ;, and ] 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 shall ] be included.
(3) Instructional practices that are sensitive to
culturally and linguistically diverse learners including [ limited
English proficient students English learners ], 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
[ Virginia ] Standards of Learning assessments.
(5) Study in methods of improving communication between
schools and families, ways of increasing family [ involvement
engagement ] in student learning at home and in school, and the
[ Virginia ] 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 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 and training or certification in
emergency first aid cardiopulpmonary resuscitation and the use of automatic
external defibrillators shall be included.
(7) ] 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 [ culturally
responsive ] 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 development
of 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
shall ] 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 shall ]
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 shall ] 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 must be included ].
e. [ Skills include Knowledge of
legal and ethical aspects, and skills for ] developing familiarity
with assessments used in preK-12 education [ (e.g.,
(including ] diagnostic, college admission exams, industry
certifications, placement assessments).
5. [ The Foundations of education
and 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 shall ] be included.
c. Professionalism and ethical standards [ , ]
as well as personal integrity [ must shall ]
be addressed.
d. Knowledge and understanding of Virginia's Guidelines for
Uniform Performance Standards and Evaluation Criteria for Teachers [ must
shall ] be included.
6. [ Reading Language and
Literacy ].
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 [ and other
phonological ] awareness, concept of print, phonics, fluency,
vocabulary development, and comprehension strategies. Writing shall include
writing strategies and conventions as supporting the composing and [ writing
written ] expression and usage and mechanics domains. Additional
skills shall include proficiency in understanding the stages of spelling
development, [ and ] 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 [ and
other phonological ] 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 [ successful ] full-time
student teaching [ in the endorsement area sought ] 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
[ in a public or accredited nonpublic school ]. 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 Effective
in supporting each ] child's age and stage of development;
b. Appropriate for children with a wide range of individual
differences in abilities, interests, and [ learning styles
approaches to learning ]; 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. ],
[ such as ] health assessment, prevention of the spread of
communicable disease, oral hygiene, reduction of environmental hazards,
[ protection from toxic stress ] 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 child and family health and well-being ]; 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 [ of the Virginia's Foundation Blocks for Early
Learning: Comprehensive Standards for Four-Year-Olds ] and provide
opportunities to acquire concepts and skills that are precursors to academic
content taught in elementary school;
c. Adapt tasks [ to the and
interactions to maximize language development, conceptual understanding, and
skill competences within each ] 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 [ self-regulation
and ] 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.
[ 8. The program shall include a practicum that shall
include a minimum of 45 instructional hours of successful teaching experience
in a public or accredited nonpublic school with children from three years old
to age five. ]
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, [ dispositions ]
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,
[ approaches to learning ] 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
[ , promote self-regulation, ] 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 who are English learners ], 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 [ ; and
k. The ability to adapt task and interactions to maximize
language development, conceptual understanding, and skill competence within
each child's zone of proximal development ].
2. Knowledge and skills.
a. Reading and English. Understanding of the content,
knowledge, skills, [ dispositions, ] 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 phonemic ] 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 [ (, such as ]
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
[ demonstrate the following competencies ]:
(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 [ : of ] 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, [ and ] 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:
historical thinking, geographical analysis, economic decision-making, and
responsible citizenship by: ]
(a) [ The relationship between past and
present Using artifacts and primary and secondary sources to
understand events in history ];
(b) [ The use of primary sources such as
artifacts, letters, photographs, and newspapers Using geographic
skills to explain the interaction of people, places, and events to support an
understanding of events in history ];
(c) [ How events in history are shaped both
by the ideas and actions of people Using charts, graphs, and
pictures to determine characteristics of people, places, or events in history ];
(d) [ Diverse cultures and shared humanity
Asking appropriate questions and summarizing points to answer a question ];
(e) [ Civic participation in a democracy;
and Comparing and contrasting people, places, and events in history; ]
(f) [ The relationship between history,
literature, art, and music Recognizing direct cause and effect
relationships in history;
(g) Explaining connections across time and place;
(h) Using a decision-making model to identify costs and
benefits of a specific choice made;
(i) Practicing good citizenship skills and respect for
rules and laws, and participating in classroom activities; and
(j) Developing fluency in content vocabulary and comprehension
of verbal, written, and visual sources ].
d. Science.
(1) Understanding of the knowledge, skills, and [ processes
practices ] of the four core science disciplines [ of
Earth sciences, biology, chemistry, and physics ] 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 science ] and scientific inquiry, including the
following:
(a) Function of research design and experimentation;
(b) Role and nature of [ science
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 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 [ , field, ] 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 [ , and practices ] of the
four core science areas, including Earth sciences, biology, chemistry, and
physics supporting the teaching of [ elementary school
preK-3 ] 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 Earth, biological, ]
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. ],
[ such as ] history, government, geography, and economics
[ ) ], or science and demonstrated the following
competencies:
1. Methods.
a. Understanding of the needed knowledge, skills,
[ dispositions, ] 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
[ promote self-regulation, ] 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 who are English
learners ], 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 [ .; and
l. The ability to adapt task and interactions to maximize
language development, conceptual understanding, and skill competence within
each child's zone of proximal development. ]
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 [ ( or ] 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 phonemic ] 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 [ (, such as ]
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: [ 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, [ and ] 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 data analysis and
interpretation for predictions; ] measures of center, [ spread
of data, variability, ] range, and normal distribution [ ;
and
(f) Computer science: terminology, simple programming,
and software applications ].
(2) Understanding of the sequential [ and
developmental ] 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 [ role of
technology and the ability to appropriate ] use
[ of ] calculators and [ computers
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 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
historical thinking, geographical analysis, economic decision-making, and
responsible citizenship by ]:
(a) [ The relationship between past and
present Using artifacts and primary and secondary sources to
understand events in history ];
(b) [ The use of primary sources such as
artifacts, letters, photographs, and newspapers Using geographic
skills to explain the interaction of people, places, and events to support an
understanding of events in history ];
(c) [ How events in history are shaped both
by the ideas and actions of people Using charts, graphs, and
pictures to determine characteristics of people, places, and events in history ];
(d) [ Diverse cultures and shared humanity
Asking appropriate questions and summarizing points to answer a question ];
[ (e) Civic participation in a democracy; and
(f) The relationship between history, literature, art,
and music.
(e) Comparing and contrasting people, places, and events in
history;
(f) Recognizing direct cause and effect relationships in
history;
(g) Explaining connections across time and place;
(h) Using a decision-making model to identify costs and
benefits of a specific choice made;
(i) Practicing good citizenship skills and respect for
rules and laws, and participating in classroom activities; and
(j) Developing fluency in content vocabulary and
comprehension of verbal, written, and visual sources. ]
d. Science.
(1) Understanding of the knowledge, skills, and [ processes
practices ] of the four core science disciplines [ of
Earth science, biology, chemistry, and physics ] 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 [ following ]:
(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
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 [ , field, ] 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 [ , and practices ] of the
four [ core ] 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
skills, practices, ] 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 who are English learners; ]
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. [ Be proficient in the knowledge,
skills, and processes necessary for teaching writing, including the domains of
composing and written expression, usage and mechanics, and the writing process
of planning, drafting, revising, editing, and publishing;
a. b. ] 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. c. ] Understanding of
and knowledge in grammar, usage, and mechanics and its integration in writing;
[ c. d. ] Understanding and
the nature and development of language and its impact on vocabulary development
and spelling;
[ d. e. ] Understanding of
and knowledge in techniques and strategies to enhance reading comprehension and
fluency;
[ e. f. ] Understanding of
and knowledge in the instruction of speaking, listening, collaboration, and
media literacy;
[ f. g. ] Knowledge of
varied works from current and classic young adult literature appropriate for
English instruction of fiction, nonfiction, and poetry; and
[ g. h. ] 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. ],
[ including ] 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,
[ and ] 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
practices ] of the [ four core science disciplines of ]
Earth [ , life, and physical sciences science,
biology, chemistry, and physics ] 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 [ and nature ] of
[ science the theory ] in explaining and
predicting events and phenomena; and
(3) [ Science skills of data analysis,
measurement, observation, prediction, and experimentation. Practices
required to provide empirical answers to research questions, including data
collection and analysis, modeling, argumentation with evidence, and constructing
explanations;
(4) Reliability of scientific knowledge and its constant
scrutiny and refinement;
(5) Self-checking mechanisms used by science to increase
objectivity, including peer review; and
(6) Assumptions, influencing conditions, and limits of
empirical knowledge. ]
c. Understanding of the knowledge, skills, and [ processes
practices ] 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) (2) ] Implement [ classroom,
field, and laboratory ] safety rules and procedures and ensure that
students take appropriate safety precautions;
[ (3) Conduct research projects and experiments,
including applications of the design process and technology;
(4) Conduct systematic field investigations using the
school grounds, the community, and regional resources; ]
[ (4) (5) ] Organize key
science content [ , skills, and practices ] into
meaningful units of instruction [ that actively engage students in
learning ];
[ (5) (6) ] Adapt
instruction to diverse learners using a variety of techniques;
[ (6) (7) ] Evaluate
instructional materials, [ instruction technologies ],
and [ student achievement; and teaching practices;
(8) Conduct formative and summative assessments of student
learning; ]
[ (7) (9) ] Incorporate
instructional technology to enhance student performance [ in
science; and
(10) Ensure student competence in middle school science ].
d. Understanding of the content, processes, and skills of
the [ four core areas of science, including ] 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 [ four ]
core science areas.
e. Understanding of the core scientific disciplines
[ of Earth science, biology, chemistry, and physics ] to
ensure:
(1) The placement of science in an appropriate interdisciplinary
context;
(2) The ability to teach the [ skills, ]
[ processes practices, ] and [ organize
crosscutting ] concepts common to the natural and physical
sciences; [ and ]
(3) [ Student achievement in science.
The application of key principles in science to solve practical problems; and
(4) A "systems" understanding of the natural
world. ]
f. Understanding of the contributions and significance of
science to include:
(1) Its social [ and, ] cultural
[ , and economic ] significance;
(2) The relationship of science to [ mathematics,
the design process, and ] 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 cognitive ]
- 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
[ ,; trauma, including ] child abuse, and
[ neglect, and other adverse childhood experiences; 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; [ varied and ] effective [ methods
of ] 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 shall ] be included.
c. Instructional practices that are sensitive to culturally
and linguistically diverse learners, including [ limited English
proficient students English learners ], 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 [ Virginia ]
Standards of Learning assessments.
e. Methods of improving communication between schools and
families and ways of increasing family [ involvement
engagement ] 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 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 and training or certification in emergency first
aid, cardiopulmonary resuscitation, and the use of automated external
defibrillators must be included ].
h. Curriculum and instruction for secondary grades 6-12
endorsements shall include middle and secondary education.
[ i ] Pre-student teaching experiences
[ ( or ] 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 shall ]
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 shall ] 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 shall be included ].
e. [ Skills include Knowledge of
legal and ethical aspects of assessment and skills for ] developing
familiarity with assessments used in preK-12 education [ (e.g.
such as ], diagnostic, college admission exams, industry
certifications, placement assessments).
4. [ The Foundations of education
and 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 shall ]
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
shall ] 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
shall ] 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
[ culturally responsive ] 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 Language and
literacy ].
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 [ and other phonological ] 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 [ , and ] the
writing process, [ as well as ] 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 [ successful ] full-time
student teaching under the supervision of a cooperating teacher with
demonstrated effectiveness in the classroom. The summative supervised student
teaching [ experience shall be in the endorsed area sought and
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 [ in a public or accredited nonpublic school ].
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. [ Foundations of adult education;
2. ] Understanding of the nature or psychology
of the adult learner or adult development;
[ 2. 3. ] Understanding of
the knowledge, skills, and processes needed for the selection, evaluation, and
instructional applications of the methods and materials for [ adult
basic skills adults to become college and career ready ] including:
a. Curriculum development in adult basic education or
[ general educational development (GED) high school
equivalency ] instruction;
b. [ Beginning reading for adults
Literacy skills for adults ];
c. [ Beginning mathematics for adults;
Numeracy skills for adults; and ]
d. [ Reading comprehension for adult
education; Workforce skills for adults. ]
[ e. Foundations of adult education; and
f. Other adult basic skills instruction.
3. 4. ] Understanding of and
proficiency in grammar, usage, and mechanics and their integration in writing;
[ 4. 5. ] Understanding of
and proficiency in [ pedagogy andragogy ] 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. 6. ] 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 in methods and
materials in the teaching of English to adult speakers of other languages ];
3. [ Knowledge in adult language acquisition
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 assessment methods in
adult English as a second language instruction in adult second
language acquisition ];
[ 5. Knowledge of assessment methods in instruction of
English to adult speakers of other languages; ]
[ 5. 6. ] Skills in teaching
the adult learner;
[ 6. 7. ] Understanding of
the effects of sociocultural variables in the instructional setting;
[ 7. 8. ] Skills in teaching
a variety of adult learning styles;
[ 8. 9. ] Proficiency in
cross-cultural communication;
[ 9. 10. ] Proficiency in
speaking, listening, and reading;
[ 10. 11. ] Understanding of
and proficiency in grammar, usage, and mechanics and their integration in
writing; and
[ 11. 12. ] Understanding of
and proficiency in [ pedagogy andragogy ] 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 The ] 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
[ ( or ] 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. ],
[ such as ] 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. ], [ such as ]
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. ],
[ such as ] 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 [ (
, such as ] mobile, desktop, cloud [ ) ].
l. Project management.
(1) Understand the components of project management and its
importance to business and information technology [ .;
and ]
(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 [ ( or ]
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
[ ( , such as ] 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 [ following ]:
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 [ following ]:
a. Sociocultural, political, and economic influences of
technology;
b. Local and global effects of technological products and
systems on the environment;
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 [ following ]:
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
[ following ]:
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,
[ and ] gifted, and individuals with barriers to
educational achievement and employment, including individuals with [ limited
English proficiency who are English learners ].
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. 5. ] Knowledge of computers
and computer systems and their applications;
[ 7. 6. ] Knowledge of data
structures and algorithms;
[ 8. 7. ] Understanding of
and proficiency in grammar, usage, and mechanics and their integration in
writing; and
[ 9. 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.
8VAC20-543-260. 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 [ and use of toxic art
materials in various aspects of dance arts production, performance, and the
classroom ];
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 Coordinating ]
and scheduling of classroom and in-car instruction;
b. [ The Understanding the ]
Board of [ Education Education's ] and
the Department of Motor Vehicle's regulations governing driver education
programs;
c. [ Student safety and other legal
liability issues Managing student safety using route and lesson
planning, appropriate training techniques, driving environments, speed, driving
experiences, and constant monitoring ];
d. [ The Administering 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 and ] 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 Ability to explain the ]
effect of speed and steering on vehicle balance and control;
d. [ Communicating and interacting with
Knowledge of performance characteristics of ] other highway users
[ and ability to apply problem-solving skills to minimize risks with ]
(pedestrians, animals, motorcycles, bicycles, trucks, buses, trains,
trailers, motor homes, ATVs, and other recreational users) [ in
a positive manner ];
e. [ Managing of Facilitating
students' ability to manage ] time, space, and visibility,
[ and ] using perceptual skills [ in
the, and a ] risk management process;
f. [ Alcohol Ability to identify
and analyze the physiological, psychological, cognitive, and economic
consequences associated with alcohol ] and other drug use;
g. [ Passive Understanding proper
use of vehicle occupant ] protective devices and [ active
restraint systems analyzing how they can reduce injury severity and
increase collision survival ];
h. [ Vehicle controls, vehicle maintenance,
vehicle functions, and vehicle malfunctions Recognizing how regular
preventive maintenance reduces vehicle malfunctions and the warning signs that
indicate the need for maintenance, repair, or replacement ];
i. [ Consequences Recognizing the
consequences ] of aggressive driving, [ road rage, ]
fatigue, distracted driving, and other physical, social, and psychological
influences that affect [ the ] driver
[ behavior and performance ];
j. [ Natural laws and environmental factors
that influence the decision-making process Understanding of ]
the effects of momentum, gravity, and inertia on vehicle control and
balance, and the relationship between kinetic energy and force of impact ];
k. [ Adverse driving conditions and handling
emergencies Ability to evaluate emergency-response strategies to
avoid or reduce the severity of a collision in high-risk driving situations,
and how technological advancements in intelligent handling and stability
control systems affect driving practices ];
l. [ Planning a safe trip
Knowledge about map-reading and trip planning technologies and evaluating
personal transportation needs and their impact on the environment ];
m. [ Differentiating Ability to
differentiate ] instruction based on a continuous learning cycle;
n. [ Using Knowledge of ]
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 Utilizing
simulation ] and other instructional technologies;
b. [ Multiple car Managing a
multiple-car ] range;
c. [ Route planning and preparing for
Designing ] 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 Understanding 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 has demonstrated ] 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 [ following ]:
a. Function of the engineering design process;
b. Methods used by engineers to generate, develop, and test
ideas to meet design requirements; [ and ]
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. ], [ such as ] 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 [ ( such as ] 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 [ Virginia ] 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
instruction based on 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 designing and administering formative or
classroom-based assessments and interpreting results of both formative and
summative assessments, including the WIDA Access test. Using the results of a
variety of formative assessments, including performance-based assessments of
oral language and writing, to direct instruction. Ensuring that formative
assessments reflect high validity and reliability for the purposes for which
they are used and are appropriate for the targeted students. Teaching
test-taking skills in preparation for standardized tests ];
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; pre-reading,
during-reading, and post-reading strategies; vocabulary development; and guided
reading. Ability to structure interactive tasks that engage students in using
oral language to develop reading skills. Ability to determine students' reading
levels and design instruction for multi-level classrooms by incorporating
appropriate scaffolding or language supports ];
4. [ Skills in teaching grammar and syntax in
the context of writing. Ability to model and teach editing skills and
organization of writing using predominant text structures in the content areas;
5. ] Knowledge of the effects of sociocultural
variables in the instructional setting;
[ 5. 6. ] Proficiency in
spoken and written English;
[ 6. Understanding of second language acquisition
7. Skills in providing language and cognitive support or scaffolding bases on
the various stages of the second language acquisition process ];
[ 7. 8. ] Knowledge of
another language and its structure;
[ 8. 9. ] 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; and ]
10. Knowledge of [ both general linguistics and ]
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
[ and American Sign Language ]. 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
phonology ], 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. ], [ including ]
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 [ (,
such as ] social-emotional [ ) ] needs
of gifted students; and
c. Gifted behaviors in special populations [ (i.e. ],
[ including ] 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 regarding ] 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 the fundamental principles
of differentiated curricula for effective program planning and evaluation,
including:
a. Program design and development for gifted learners;
b. Research and topics for effective administrative
arrangements, supervision, and program implementation;
c. Activities to encourage parental and community
involvement in gifted education; and
d. Strategies for building an effective advisory committee.
7. ] 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. 8. ] Understanding of
and proficiency in grammar, usage, and mechanics and their integration in all
forms of communication.
[ 8. 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.
[ 9. 10. ] The program shall
include a practicum that shall include a minimum of 45 instructional hours of
successful teaching experiences with gifted students [ in a public
or accredited nonpublic school ].
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
[ including the following: ].
[ a. Competence in motor skills and movement patterns
needed to perform a variety of physical activities;
b. Knowledge of structures and functions of the body and
how they relate to and are affected by human movement to learning and
developing motors skills and specialized movement forms;
c. Demonstrate the aptitude, attitude, and skills to lead
responsible, fulfilling, and respectful lives; and
d. Understand the importance of energy balance and
nutritional needs of the body to maintain optimal health and prevent chronic
disease. ]
2. Understanding basic human anatomy, physiology,
[ and ] kinesiology [ , and exercise
physiology ] 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 [ (,
such as ] flexibility, muscular strength and endurance, cardio
respiratory endurance, and body composition [ ) ];
b. Skill-related fitness [ (,
such as ] 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 knowledge, skills,
and processes of health education as defined in the Virginia Standards of
Learning, including:
a. Demonstrate the knowledge and skills to make healthy
decisions that reduce health risks and enhance the health of self and others;
b. Demonstrate the ability to access, evaluate, and use
health information, products, and services that influence health and wellness
in a positive manner; and
c. Demonstrate the use of appropriate health practices and
behaviors to promote a safe and healthy community when alone, with family, at
school, and in other group settings.
6. ] 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 [ (,
including ] first aid, CPR, AED, universal precautions [ ) ];
f. Injury and violence prevention;
g. Consumer health and information access;
h. Communicable and noncommunicable [ diseases
disease ] 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. 7. ] 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 Ability to 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 Ability to
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 Demonstration of ]
personal competence in motor skill performance for a variety of movement
patterns, modeling healthy behaviors, and maintaining health-enhancing level of
fitness.
[ 7. 8. ] 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 [ including the
following ]:
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. 9. ] 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. 10. ] Understanding of
and proficiency in grammar, usage, and mechanics and their integration in
writing.
[ 10. 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.
8VAC20-543-340. 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 and
role of the local, state, and ] 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. [ Knowledge of programming in at least two
widely used programming languages, including definition, structure, and
comparison;
13. ] Understanding of and proficiency in
grammar, usage, and mechanics and their integration in writing; and
[ 13. 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.
8VAC20-543-390. Mathematics – [ Algebra
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 has demonstrated ] the
following competencies:
1. Understanding of the knowledge, skills, and [ processes
practices ] of the four core science disciplines [ ,
including Earth science, biology, chemistry, and physics ] 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 [ following ]:
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 [ classroom, field, 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 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 [ technologies, ]
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 [ , and practices ] 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
skills, practices, ] and crosscutting concepts common to the
[ natural Earth, biological, ] 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 has demonstrated ] the
following competencies:
1. Understanding of the knowledge, skills, and [ processes
practices ] of the four core science disciplines [ of
Earth and space sciences, biology, chemistry, and physics ] 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 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
practices ] for teaching laboratory science, including the ability
to:
a. Design instruction reflecting the goals of the Virginia
Science Standards of Learning;
b. Implement [ classroom, field, 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 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 [ ,
technologies, ] 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 [ , and practices ] 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
skills, practices, ] and crosscutting concepts common to the
[ natural Earth, biological, ] 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 has demonstrated ] the
following competencies:
1. Understanding of the knowledge, skills, and [ processes
practices ] of the four core science disciplines [ of
Earth and space sciences, biology, chemistry, and physics ] 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 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 practices
for teaching laboratory science, including the ability to:
a. Design instruction reflecting the goals of the Virginia
Science Standards of Learning;
b. Implement [ classroom, field, 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 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 [ technologies, ]
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 [ , and practices ] 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
skills, practices, ] and crosscutting concepts common to the
[ natural Earth, biological, ] 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 has demonstrated ] the
following competencies:
1. Understanding of the knowledge, skills, and [ processes
practices ] of the four core science disciplines [ of
Earth sciences, biology, chemistry, and physics ] 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 [ following: ]
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 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 teaching laboratory science, including the ability to:
a. Design instruction reflecting the goals of the Virginia
Science Standards of Learning;
b. Implement [ classroom, field, 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 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 [ technologies, ]
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
skills, practices, ] and crosscutting concepts common to the
[ natural Earth, biological, ] and physical
sciences; [ and
c. The application of key principles in physics to solve
practical problems; and ]
[ c. d. ] 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. [ The
program shall ensure that the candidate has demonstrated the following
competencies: ]
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.,
such as ] 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. ], [ including ]
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. ], [ including ] 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 [ culturally responsive ] 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 [ Virginia ] 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
and other ] 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 Virginia 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, such as those
found in the ] professional studies requirements in 8VAC40-543-140
[ ) ]. Skills in this area include phonemic [ and
other phonological ] 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 [ Virginia ]
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
Virginia 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
[ , including ].
(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 placements [ and or ] 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 uncontracted and contracted Unified English Braille ]
on both a Braille writer and a "slate and stylus"; and
b. Knowledge of other codes, including Nemeth, foreign
language code, [ and ] 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 or 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. ],
[ such as ] 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 [ and ];
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 [ :
and ] 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. ],
[ including ] cochlear implant systems, hearing aids, FM
systems, sound field systems [ , etc.) ] with
emphasis on utilization in educational environments.
8. Understanding of [ various ] 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 Pathways ] 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
[ ; and
e. Response and recognition of tiered instruction ].
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 [ and
communication ];
b. Cultural and linguistic diversity;
c. English [ language ] learner
language acquisition; and
d. Use of language to get needs and wants met and
[ use of functional communication ] 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 [ and
treatments ].
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 [ and least restrictive
environments ];
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 dynamics ].
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. ],
[ including ] 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 [ (i.e. ], [ including ]
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 [ culturally responsive ] 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,
including ] 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
and ]
(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
Virginia 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 [ (, such as ] reading
competencies [ found ] in [ the ] 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
Virginia 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 [ and ];
(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
Virginia 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 [ Virginia ] 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 [ Virginia ] 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.
[ 5. The program shall include a practicum that shall
include a minimum of 45 instructional hours of successful teaching experiences
with students with disabilities accessing the general curriculum in a public or
accredited nonpublic school. ]
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
Virginia 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 [ Virginia ] 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 [ Virginia ] 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.
[ 5. The program shall include a practicum that shall
include a minimum of 45 instructional hours of successful teaching experiences
with students with disabilities accessing the general curriculum in a public or
accredited nonpublic school. ]
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
Virginia 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 [ Virginia ] 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 [ Virginia ] 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.
[ 5. The program shall include a practicum that shall
include a minimum of 45 instructional hours of successful teaching experiences
with students with disabilities accessing the general curriculum in a public or
accredited nonpublic school. ]
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 [ Virginia ] 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 Knowledge and
understanding in directing ];
d. [ Technical Knowledge and
understanding in technical ] theatre, including lighting, set
design, stage craft, costuming, makeup, and safety;
e. [ Performance Knowledge and
understanding in performance ], including acting and acting styles;
f. [ Dramatic Knowledge and
understanding in dramatic ] literature;
g. [ The Knowledge and
understanding of 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 [ and use of toxic art
materials in various aspects of theatre arts production, performance, and the
classroom ];
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 [ completed three years of
successful, full-time experience in a public school or accredited nonpublic
school in an instructional personnel position that requires licensure in
Virginia and ] 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 Ability to identify ]
and respond to internal and external forces and influences on a school;
c. [ Identify Ability to identify ]
and apply the processes of educational policy development at the state,
local, and school level; and
d. [ Identify Ability to 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
[ (, including ] elementary, middle, high,
central office, and agency [ ) ] with diverse
student populations; and
4. Documents a minimum of 320 clock hours [ of
administration and supervision internship ], 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 [ elementary
and ] middle education.
A. A mathematics specialist is a teacher in the
[ elementary or ] 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 a public or accredited nonpublic school ]
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 completed at least three years of successful
classroom teaching experience in a public or accredited nonpublic school and ]
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, [ (,
such as ] 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 [ ; and
n. Complete ] a supervised practicum or field
experience in the diagnosis and remediation of reading difficulties in a public
or accredited nonpublic school. ]
8VAC20-543-610. School counselor preK-12.
The school counselor preK-12 program shall ensure that the
candidate has [ completed two years of successful, full-time
teaching experience or two years of successful full-time experience in school
counseling in a public or an accredited nonpublic school. Two years of
successful, full-time experience in school counseling in a public or an
accredited nonpublic school under a nonrenewable Provisional License may be
accepted to meet this requirement. The program shall ensure that the candidate
must ] 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
counseling ], 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
[ a school counselor ] 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 [ (,
including ] 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 [ (, such as ] 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 [ ( or considered as ] 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 [ in
school psychology ] 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. ], [ such as ] 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
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 [ including ]:
a. [ Examine Examining ]
factors in home, school, and community that impact students' educational
performance and success; and
b. [ Assist Assisting ] 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. ], [ such as ] 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 [ or earned an
advanced standing master's of social work degree from a regionally accredited
college or university with a minimum of 30 graduate-level 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 Foundations of education
and the ] teaching profession (3 semester hours);
b. Characteristics of special education [ (3
(three ] semester hours);
c. Human development and learning [ (3
(three ] semester hours); or
d. Classroom and behavior management [ (3
(three ] semester hours).
11. The candidate shall complete a [ school
social worker ] 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 [ (, such
as the ] 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 [ ( or ]
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 3, 2018, 11:23 a.m.
TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Final 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.
Effective Date: August 23, 2018.
Agency Contact: Patty S. Pitts, Assistant Superintendent
for Teacher Education and Instruction, Department of Education, P.O. Box 2120,
Richmond, VA 23218, telephone (804) 371-2522, or email
patty.pitts@doe.virginia.gov.
Summary:
The regulatory 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 regulations focus on (i)
revision of selected definitions to conform with changes in the regulations;
(ii) modifications in administration of the regulations, including national
accreditation for all approved Virginia professional education programs,
increased rigor in biennial measures of accountability, and a new appeal
process for programs falling below biennial standards to address areas of
stipulation; (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.
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.
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 [ nationally ] 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:"
education preparation program profile" ] means the Virginia
Department of Education yearly data [ report card
education preparation program profile ] 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). [ Field experiences are
required for all programs. ]
"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
[ foundations of education and 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 [ the ] 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
have successfully completed all coursework, but who have not completed
supervised student teaching or the required internship ]. 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.
"[ Virginia ] 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 an
approved ] 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. [ Candidates
in education endorsement programs must demonstrate an understanding of
competencies, including the core concepts and facts of the disciplines and the
Virginia Standards of Learning, for the content areas they plan to teach.
Professional education programs shall ensure that candidates demonstrate skills
needed to help preK-12 students achieve college and career performance
expectations. ]
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 education preparation program profile ]
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. [ In administering this chapter, licensure
requirements for Virginia are outlined in the Licensure Regulations for School
Personnel (8VAC20-23) This document should be referenced for detailed
information regarding requirements for Virginia licensure. An individual must
meet licensure requirements set forth in the Code of Virginia.
P. ] 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.
[ Q. Upon the effective date of this chapter, the
Board of Education grants colleges and universities two years to align their
existing approved programs with this chapter and allows only college and universities
that on the effective date of this chapter are accredited by the Board of
Education process four years to become accredited by the Council for the
Accreditation of Educator Preparation (CAEP) with the option of submitting a
progress report to the Superintendent of Public Instruction to request an
additional year, if needed. ]
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 have successfully completed all coursework, but who have
not completed supervised student teaching or the required internship ].
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 [ successful ] 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, [ gender, exceptionality, religion, geographic, ]
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, [ gender,
exceptionality, religion, geographic, ] 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
graduates ] 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
graduates ] 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 [ the ] 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 have
successfully completed all coursework, but who have not completed supervised
student teaching or the required internship ]. 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,
[ gender, exceptionality, religion, geographic, ] 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
graduates ] 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 Institutions with education endorsements
programs that fall below the 80% biennial requirement shall submit to the Board
of Education for approval an improvement plan to address the areas of
stipulation, including measurable goals and timelines. Semiannual reports must
be submitted to the Director of Teacher Education to document the progress in
addressing the goals toward elimination of the stipulation until the next
biennial review period. The 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. [ However, if the education endorsement
program has less than 10 program completers and noncompleters, the institution
must submit an annual report attesting to continued progress in meeting the
requirements. ]
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
education preparation program profile ].
The accredited professional education program shall submit
to the Virginia Department of Education a yearly [ data report
card education preparation program profile ] on the
preparation of professional school personnel. The [ report card
education preparation program profile ] shall be published on the
department's website. The information required on the [ report
card education preparation program profile ] shall be
approved by the Board of Education and [ will shall ]
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. Comparison of candidates, admitted to
education endorsement programs to overall college or university population; ]
5. Number of program completers [ ,
including number of program completers in critical shortage teaching areas
for each endorsement program ];
6. Number of program noncompleters [ for each
endorsement program ];
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
of ] student teachers;
[ 12. 9. ] Satisfaction
ratings by employers of program [ completers
graduates ];
[ 13. 10. ] Satisfaction
ratings of program [ completers graduates ] within
two years of employment; [ and
11. Recognition of other program achievements; and
14. 12. ] 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) (8VAC20-23) ].
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 [ a
minimum of ] 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 [ , complete a methods of teaching
elementary history and social sciences course, ] 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. F. ] 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–
cognitive - ] 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,; trauma,
including child abuse, and neglect and other adverse childhood experiences; ]
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; [ varied and ] effective
[ methods of ] communication with and among students;
selection and use of materials, including media and contemporary technologies;
[ and ] 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 shall ] be included.
(3) Instructional practices that are sensitive to
culturally and linguistically diverse learners, including [ limited
English proficient students English learners ], 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
[ Virginia ] 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
engagement ] 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 [ : Comprehensive Standards
for Four-Year-Olds ].
(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 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 and training or certification in
emergency first aid, cardiopulmonary resuscitation, and the use of automated
external defibrillators must be included.
(9) ] 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 [ ;, and ] 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 shall ] be included.
(3) Instructional practices that are sensitive to
culturally and linguistically diverse learners including [ limited
English proficient students English learners ], 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
[ Virginia ] Standards of Learning assessments.
(5) Study in methods of improving communication between
schools and families, ways of increasing family [ involvement
engagement ] in student learning at home and in school, and the
[ Virginia ] 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 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 and training or certification in
emergency first aid cardiopulpmonary resuscitation and the use of automatic
external defibrillators shall be included.
(7) ] 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 [ culturally
responsive ] 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 development
of 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
shall ] 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 shall ]
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 shall ] 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 must be included ].
e. [ Skills include Knowledge of
legal and ethical aspects, and skills for ] developing familiarity
with assessments used in preK-12 education [ (e.g.,
(including ] diagnostic, college admission exams, industry
certifications, placement assessments).
5. [ The Foundations of education
and 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 shall ] be included.
c. Professionalism and ethical standards [ , ]
as well as personal integrity [ must shall ]
be addressed.
d. Knowledge and understanding of Virginia's Guidelines for
Uniform Performance Standards and Evaluation Criteria for Teachers [ must
shall ] be included.
6. [ Reading Language and
Literacy ].
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 [ and other
phonological ] awareness, concept of print, phonics, fluency,
vocabulary development, and comprehension strategies. Writing shall include
writing strategies and conventions as supporting the composing and [ writing
written ] expression and usage and mechanics domains. Additional
skills shall include proficiency in understanding the stages of spelling
development, [ and ] 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 [ and
other phonological ] 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 [ successful ] full-time
student teaching [ in the endorsement area sought ] 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
[ in a public or accredited nonpublic school ]. 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 Effective
in supporting each ] child's age and stage of development;
b. Appropriate for children with a wide range of individual
differences in abilities, interests, and [ learning styles
approaches to learning ]; 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. ],
[ such as ] health assessment, prevention of the spread of
communicable disease, oral hygiene, reduction of environmental hazards,
[ protection from toxic stress ] 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 child and family health and well-being ]; 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 [ of the Virginia's Foundation Blocks for Early
Learning: Comprehensive Standards for Four-Year-Olds ] and provide
opportunities to acquire concepts and skills that are precursors to academic
content taught in elementary school;
c. Adapt tasks [ to the and
interactions to maximize language development, conceptual understanding, and
skill competences within each ] 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 [ self-regulation
and ] 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.
[ 8. The program shall include a practicum that shall
include a minimum of 45 instructional hours of successful teaching experience
in a public or accredited nonpublic school with children from three years old
to age five. ]
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, [ dispositions ]
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,
[ approaches to learning ] 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
[ , promote self-regulation, ] 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 who are English learners ], 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 [ ; and
k. The ability to adapt task and interactions to maximize
language development, conceptual understanding, and skill competence within
each child's zone of proximal development ].
2. Knowledge and skills.
a. Reading and English. Understanding of the content,
knowledge, skills, [ dispositions, ] 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 phonemic ] 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 [ (, such as ]
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
[ demonstrate the following competencies ]:
(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 [ : of ] 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, [ and ] 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:
historical thinking, geographical analysis, economic decision-making, and
responsible citizenship by: ]
(a) [ The relationship between past and
present Using artifacts and primary and secondary sources to
understand events in history ];
(b) [ The use of primary sources such as
artifacts, letters, photographs, and newspapers Using geographic
skills to explain the interaction of people, places, and events to support an
understanding of events in history ];
(c) [ How events in history are shaped both
by the ideas and actions of people Using charts, graphs, and
pictures to determine characteristics of people, places, or events in history ];
(d) [ Diverse cultures and shared humanity
Asking appropriate questions and summarizing points to answer a question ];
(e) [ Civic participation in a democracy;
and Comparing and contrasting people, places, and events in history; ]
(f) [ The relationship between history,
literature, art, and music Recognizing direct cause and effect
relationships in history;
(g) Explaining connections across time and place;
(h) Using a decision-making model to identify costs and
benefits of a specific choice made;
(i) Practicing good citizenship skills and respect for
rules and laws, and participating in classroom activities; and
(j) Developing fluency in content vocabulary and comprehension
of verbal, written, and visual sources ].
d. Science.
(1) Understanding of the knowledge, skills, and [ processes
practices ] of the four core science disciplines [ of
Earth sciences, biology, chemistry, and physics ] 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 science ] and scientific inquiry, including the
following:
(a) Function of research design and experimentation;
(b) Role and nature of [ science
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 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 [ , field, ] 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 [ , and practices ] of the
four core science areas, including Earth sciences, biology, chemistry, and
physics supporting the teaching of [ elementary school
preK-3 ] 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 Earth, biological, ]
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. ],
[ such as ] history, government, geography, and economics
[ ) ], or science and demonstrated the following
competencies:
1. Methods.
a. Understanding of the needed knowledge, skills,
[ dispositions, ] 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
[ promote self-regulation, ] 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 who are English
learners ], 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 [ .; and
l. The ability to adapt task and interactions to maximize
language development, conceptual understanding, and skill competence within
each child's zone of proximal development. ]
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 [ ( or ] 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 phonemic ] 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 [ (, such as ]
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: [ 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, [ and ] 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 data analysis and
interpretation for predictions; ] measures of center, [ spread
of data, variability, ] range, and normal distribution [ ;
and
(f) Computer science: terminology, simple programming,
and software applications ].
(2) Understanding of the sequential [ and
developmental ] 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 [ role of
technology and the ability to appropriate ] use
[ of ] calculators and [ computers
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 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
historical thinking, geographical analysis, economic decision-making, and
responsible citizenship by ]:
(a) [ The relationship between past and
present Using artifacts and primary and secondary sources to
understand events in history ];
(b) [ The use of primary sources such as
artifacts, letters, photographs, and newspapers Using geographic
skills to explain the interaction of people, places, and events to support an
understanding of events in history ];
(c) [ How events in history are shaped both
by the ideas and actions of people Using charts, graphs, and
pictures to determine characteristics of people, places, and events in history ];
(d) [ Diverse cultures and shared humanity
Asking appropriate questions and summarizing points to answer a question ];
[ (e) Civic participation in a democracy; and
(f) The relationship between history, literature, art,
and music.
(e) Comparing and contrasting people, places, and events in
history;
(f) Recognizing direct cause and effect relationships in
history;
(g) Explaining connections across time and place;
(h) Using a decision-making model to identify costs and
benefits of a specific choice made;
(i) Practicing good citizenship skills and respect for
rules and laws, and participating in classroom activities; and
(j) Developing fluency in content vocabulary and
comprehension of verbal, written, and visual sources. ]
d. Science.
(1) Understanding of the knowledge, skills, and [ processes
practices ] of the four core science disciplines [ of
Earth science, biology, chemistry, and physics ] 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 [ following ]:
(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
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 [ , field, ] 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 [ , and practices ] of the
four [ core ] 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
skills, practices, ] 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 who are English learners; ]
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. [ Be proficient in the knowledge,
skills, and processes necessary for teaching writing, including the domains of
composing and written expression, usage and mechanics, and the writing process
of planning, drafting, revising, editing, and publishing;
a. b. ] 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. c. ] Understanding of
and knowledge in grammar, usage, and mechanics and its integration in writing;
[ c. d. ] Understanding and
the nature and development of language and its impact on vocabulary development
and spelling;
[ d. e. ] Understanding of
and knowledge in techniques and strategies to enhance reading comprehension and
fluency;
[ e. f. ] Understanding of
and knowledge in the instruction of speaking, listening, collaboration, and
media literacy;
[ f. g. ] Knowledge of
varied works from current and classic young adult literature appropriate for
English instruction of fiction, nonfiction, and poetry; and
[ g. h. ] 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. ],
[ including ] 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,
[ and ] 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
practices ] of the [ four core science disciplines of ]
Earth [ , life, and physical sciences science,
biology, chemistry, and physics ] 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 [ and nature ] of
[ science the theory ] in explaining and
predicting events and phenomena; and
(3) [ Science skills of data analysis,
measurement, observation, prediction, and experimentation. Practices
required to provide empirical answers to research questions, including data
collection and analysis, modeling, argumentation with evidence, and constructing
explanations;
(4) Reliability of scientific knowledge and its constant
scrutiny and refinement;
(5) Self-checking mechanisms used by science to increase
objectivity, including peer review; and
(6) Assumptions, influencing conditions, and limits of
empirical knowledge. ]
c. Understanding of the knowledge, skills, and [ processes
practices ] 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) (2) ] Implement [ classroom,
field, and laboratory ] safety rules and procedures and ensure that
students take appropriate safety precautions;
[ (3) Conduct research projects and experiments,
including applications of the design process and technology;
(4) Conduct systematic field investigations using the
school grounds, the community, and regional resources; ]
[ (4) (5) ] Organize key
science content [ , skills, and practices ] into
meaningful units of instruction [ that actively engage students in
learning ];
[ (5) (6) ] Adapt
instruction to diverse learners using a variety of techniques;
[ (6) (7) ] Evaluate
instructional materials, [ instruction technologies ],
and [ student achievement; and teaching practices;
(8) Conduct formative and summative assessments of student
learning; ]
[ (7) (9) ] Incorporate
instructional technology to enhance student performance [ in
science; and
(10) Ensure student competence in middle school science ].
d. Understanding of the content, processes, and skills of
the [ four core areas of science, including ] 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 [ four ]
core science areas.
e. Understanding of the core scientific disciplines
[ of Earth science, biology, chemistry, and physics ] to
ensure:
(1) The placement of science in an appropriate interdisciplinary
context;
(2) The ability to teach the [ skills, ]
[ processes practices, ] and [ organize
crosscutting ] concepts common to the natural and physical
sciences; [ and ]
(3) [ Student achievement in science.
The application of key principles in science to solve practical problems; and
(4) A "systems" understanding of the natural
world. ]
f. Understanding of the contributions and significance of
science to include:
(1) Its social [ and, ] cultural
[ , and economic ] significance;
(2) The relationship of science to [ mathematics,
the design process, and ] 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 cognitive ]
- 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
[ ,; trauma, including ] child abuse, and
[ neglect, and other adverse childhood experiences; 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; [ varied and ] effective [ methods
of ] 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 shall ] be included.
c. Instructional practices that are sensitive to culturally
and linguistically diverse learners, including [ limited English
proficient students English learners ], 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 [ Virginia ]
Standards of Learning assessments.
e. Methods of improving communication between schools and
families and ways of increasing family [ involvement
engagement ] 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 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 and training or certification in emergency first
aid, cardiopulmonary resuscitation, and the use of automated external
defibrillators must be included ].
h. Curriculum and instruction for secondary grades 6-12
endorsements shall include middle and secondary education.
[ i ] Pre-student teaching experiences
[ ( or ] 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 shall ]
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 shall ] 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 shall be included ].
e. [ Skills include Knowledge of
legal and ethical aspects of assessment and skills for ] developing
familiarity with assessments used in preK-12 education [ (e.g.
such as ], diagnostic, college admission exams, industry
certifications, placement assessments).
4. [ The Foundations of education
and 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 shall ]
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
shall ] 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
shall ] 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
[ culturally responsive ] 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 Language and
literacy ].
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 [ and other phonological ] 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 [ , and ] the
writing process, [ as well as ] 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 [ successful ] full-time
student teaching under the supervision of a cooperating teacher with
demonstrated effectiveness in the classroom. The summative supervised student
teaching [ experience shall be in the endorsed area sought and
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 [ in a public or accredited nonpublic school ].
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. [ Foundations of adult education;
2. ] Understanding of the nature or psychology
of the adult learner or adult development;
[ 2. 3. ] Understanding of
the knowledge, skills, and processes needed for the selection, evaluation, and
instructional applications of the methods and materials for [ adult
basic skills adults to become college and career ready ] including:
a. Curriculum development in adult basic education or
[ general educational development (GED) high school
equivalency ] instruction;
b. [ Beginning reading for adults
Literacy skills for adults ];
c. [ Beginning mathematics for adults;
Numeracy skills for adults; and ]
d. [ Reading comprehension for adult
education; Workforce skills for adults. ]
[ e. Foundations of adult education; and
f. Other adult basic skills instruction.
3. 4. ] Understanding of and
proficiency in grammar, usage, and mechanics and their integration in writing;
[ 4. 5. ] Understanding of
and proficiency in [ pedagogy andragogy ] 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. 6. ] 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 in methods and
materials in the teaching of English to adult speakers of other languages ];
3. [ Knowledge in adult language acquisition
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 assessment methods in
adult English as a second language instruction in adult second
language acquisition ];
[ 5. Knowledge of assessment methods in instruction of
English to adult speakers of other languages; ]
[ 5. 6. ] Skills in teaching
the adult learner;
[ 6. 7. ] Understanding of
the effects of sociocultural variables in the instructional setting;
[ 7. 8. ] Skills in teaching
a variety of adult learning styles;
[ 8. 9. ] Proficiency in
cross-cultural communication;
[ 9. 10. ] Proficiency in
speaking, listening, and reading;
[ 10. 11. ] Understanding of
and proficiency in grammar, usage, and mechanics and their integration in
writing; and
[ 11. 12. ] Understanding of
and proficiency in [ pedagogy andragogy ] 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 The ] 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
[ ( or ] 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. ],
[ such as ] 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. ], [ such as ]
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. ],
[ such as ] 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 [ (
, such as ] mobile, desktop, cloud [ ) ].
l. Project management.
(1) Understand the components of project management and its
importance to business and information technology [ .;
and ]
(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 [ ( or ]
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
[ ( , such as ] 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 [ following ]:
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 [ following ]:
a. Sociocultural, political, and economic influences of
technology;
b. Local and global effects of technological products and
systems on the environment;
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 [ following ]:
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
[ following ]:
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,
[ and ] gifted, and individuals with barriers to
educational achievement and employment, including individuals with [ limited
English proficiency who are English learners ].
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. 5. ] Knowledge of computers
and computer systems and their applications;
[ 7. 6. ] Knowledge of data
structures and algorithms;
[ 8. 7. ] Understanding of
and proficiency in grammar, usage, and mechanics and their integration in
writing; and
[ 9. 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.
8VAC20-543-260. 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 [ and use of toxic art
materials in various aspects of dance arts production, performance, and the
classroom ];
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 Coordinating ]
and scheduling of classroom and in-car instruction;
b. [ The Understanding the ]
Board of [ Education Education's ] and
the Department of Motor Vehicle's regulations governing driver education
programs;
c. [ Student safety and other legal
liability issues Managing student safety using route and lesson
planning, appropriate training techniques, driving environments, speed, driving
experiences, and constant monitoring ];
d. [ The Administering 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 and ] 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 Ability to explain the ]
effect of speed and steering on vehicle balance and control;
d. [ Communicating and interacting with
Knowledge of performance characteristics of ] other highway users
[ and ability to apply problem-solving skills to minimize risks with ]
(pedestrians, animals, motorcycles, bicycles, trucks, buses, trains,
trailers, motor homes, ATVs, and other recreational users) [ in
a positive manner ];
e. [ Managing of Facilitating
students' ability to manage ] time, space, and visibility,
[ and ] using perceptual skills [ in
the, and a ] risk management process;
f. [ Alcohol Ability to identify
and analyze the physiological, psychological, cognitive, and economic
consequences associated with alcohol ] and other drug use;
g. [ Passive Understanding proper
use of vehicle occupant ] protective devices and [ active
restraint systems analyzing how they can reduce injury severity and
increase collision survival ];
h. [ Vehicle controls, vehicle maintenance,
vehicle functions, and vehicle malfunctions Recognizing how regular
preventive maintenance reduces vehicle malfunctions and the warning signs that
indicate the need for maintenance, repair, or replacement ];
i. [ Consequences Recognizing the
consequences ] of aggressive driving, [ road rage, ]
fatigue, distracted driving, and other physical, social, and psychological
influences that affect [ the ] driver
[ behavior and performance ];
j. [ Natural laws and environmental factors
that influence the decision-making process Understanding of ]
the effects of momentum, gravity, and inertia on vehicle control and
balance, and the relationship between kinetic energy and force of impact ];
k. [ Adverse driving conditions and handling
emergencies Ability to evaluate emergency-response strategies to
avoid or reduce the severity of a collision in high-risk driving situations,
and how technological advancements in intelligent handling and stability
control systems affect driving practices ];
l. [ Planning a safe trip
Knowledge about map-reading and trip planning technologies and evaluating
personal transportation needs and their impact on the environment ];
m. [ Differentiating Ability to
differentiate ] instruction based on a continuous learning cycle;
n. [ Using Knowledge of ]
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 Utilizing
simulation ] and other instructional technologies;
b. [ Multiple car Managing a
multiple-car ] range;
c. [ Route planning and preparing for
Designing ] 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 Understanding 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 has demonstrated ] 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 [ following ]:
a. Function of the engineering design process;
b. Methods used by engineers to generate, develop, and test
ideas to meet design requirements; [ and ]
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. ], [ such as ] 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 [ ( such as ] 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 [ Virginia ] 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
instruction based on 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 designing and administering formative or
classroom-based assessments and interpreting results of both formative and
summative assessments, including the WIDA Access test. Using the results of a
variety of formative assessments, including performance-based assessments of
oral language and writing, to direct instruction. Ensuring that formative
assessments reflect high validity and reliability for the purposes for which
they are used and are appropriate for the targeted students. Teaching
test-taking skills in preparation for standardized tests ];
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; pre-reading,
during-reading, and post-reading strategies; vocabulary development; and guided
reading. Ability to structure interactive tasks that engage students in using
oral language to develop reading skills. Ability to determine students' reading
levels and design instruction for multi-level classrooms by incorporating
appropriate scaffolding or language supports ];
4. [ Skills in teaching grammar and syntax in
the context of writing. Ability to model and teach editing skills and
organization of writing using predominant text structures in the content areas;
5. ] Knowledge of the effects of sociocultural
variables in the instructional setting;
[ 5. 6. ] Proficiency in
spoken and written English;
[ 6. Understanding of second language acquisition
7. Skills in providing language and cognitive support or scaffolding bases on
the various stages of the second language acquisition process ];
[ 7. 8. ] Knowledge of
another language and its structure;
[ 8. 9. ] 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; and ]
10. Knowledge of [ both general linguistics and ]
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
[ and American Sign Language ]. 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
phonology ], 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. ], [ including ]
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 [ (,
such as ] social-emotional [ ) ] needs
of gifted students; and
c. Gifted behaviors in special populations [ (i.e. ],
[ including ] 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 regarding ] 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 the fundamental principles
of differentiated curricula for effective program planning and evaluation,
including:
a. Program design and development for gifted learners;
b. Research and topics for effective administrative
arrangements, supervision, and program implementation;
c. Activities to encourage parental and community
involvement in gifted education; and
d. Strategies for building an effective advisory committee.
7. ] 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. 8. ] Understanding of
and proficiency in grammar, usage, and mechanics and their integration in all
forms of communication.
[ 8. 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.
[ 9. 10. ] The program shall
include a practicum that shall include a minimum of 45 instructional hours of
successful teaching experiences with gifted students [ in a public
or accredited nonpublic school ].
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
[ including the following: ].
[ a. Competence in motor skills and movement patterns
needed to perform a variety of physical activities;
b. Knowledge of structures and functions of the body and
how they relate to and are affected by human movement to learning and
developing motors skills and specialized movement forms;
c. Demonstrate the aptitude, attitude, and skills to lead
responsible, fulfilling, and respectful lives; and
d. Understand the importance of energy balance and
nutritional needs of the body to maintain optimal health and prevent chronic
disease. ]
2. Understanding basic human anatomy, physiology,
[ and ] kinesiology [ , and exercise
physiology ] 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 [ (,
such as ] flexibility, muscular strength and endurance, cardio
respiratory endurance, and body composition [ ) ];
b. Skill-related fitness [ (,
such as ] 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 knowledge, skills,
and processes of health education as defined in the Virginia Standards of
Learning, including:
a. Demonstrate the knowledge and skills to make healthy
decisions that reduce health risks and enhance the health of self and others;
b. Demonstrate the ability to access, evaluate, and use
health information, products, and services that influence health and wellness
in a positive manner; and
c. Demonstrate the use of appropriate health practices and
behaviors to promote a safe and healthy community when alone, with family, at
school, and in other group settings.
6. ] 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 [ (,
including ] first aid, CPR, AED, universal precautions [ ) ];
f. Injury and violence prevention;
g. Consumer health and information access;
h. Communicable and noncommunicable [ diseases
disease ] 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. 7. ] 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 Ability to 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 Ability to
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 Demonstration of ]
personal competence in motor skill performance for a variety of movement
patterns, modeling healthy behaviors, and maintaining health-enhancing level of
fitness.
[ 7. 8. ] 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 [ including the
following ]:
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. 9. ] 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. 10. ] Understanding of
and proficiency in grammar, usage, and mechanics and their integration in
writing.
[ 10. 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.
8VAC20-543-340. 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 and
role of the local, state, and ] 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. [ Knowledge of programming in at least two
widely used programming languages, including definition, structure, and
comparison;
13. ] Understanding of and proficiency in
grammar, usage, and mechanics and their integration in writing; and
[ 13. 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.
8VAC20-543-390. Mathematics – [ Algebra
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 has demonstrated ] the
following competencies:
1. Understanding of the knowledge, skills, and [ processes
practices ] of the four core science disciplines [ ,
including Earth science, biology, chemistry, and physics ] 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 [ following ]:
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 [ classroom, field, 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 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 [ technologies, ]
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 [ , and practices ] 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
skills, practices, ] and crosscutting concepts common to the
[ natural Earth, biological, ] 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 has demonstrated ] the
following competencies:
1. Understanding of the knowledge, skills, and [ processes
practices ] of the four core science disciplines [ of
Earth and space sciences, biology, chemistry, and physics ] 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 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
practices ] for teaching laboratory science, including the ability
to:
a. Design instruction reflecting the goals of the Virginia
Science Standards of Learning;
b. Implement [ classroom, field, 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 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 [ ,
technologies, ] 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 [ , and practices ] 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
skills, practices, ] and crosscutting concepts common to the
[ natural Earth, biological, ] 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 has demonstrated ] the
following competencies:
1. Understanding of the knowledge, skills, and [ processes
practices ] of the four core science disciplines [ of
Earth and space sciences, biology, chemistry, and physics ] 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 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 practices
for teaching laboratory science, including the ability to:
a. Design instruction reflecting the goals of the Virginia
Science Standards of Learning;
b. Implement [ classroom, field, 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 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 [ technologies, ]
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 [ , and practices ] 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
skills, practices, ] and crosscutting concepts common to the
[ natural Earth, biological, ] 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 has demonstrated ] the
following competencies:
1. Understanding of the knowledge, skills, and [ processes
practices ] of the four core science disciplines [ of
Earth sciences, biology, chemistry, and physics ] 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 [ following: ]
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 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 teaching laboratory science, including the ability to:
a. Design instruction reflecting the goals of the Virginia
Science Standards of Learning;
b. Implement [ classroom, field, 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 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 [ technologies, ]
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
skills, practices, ] and crosscutting concepts common to the
[ natural Earth, biological, ] and physical
sciences; [ and
c. The application of key principles in physics to solve
practical problems; and ]
[ c. d. ] 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. [ The
program shall ensure that the candidate has demonstrated the following
competencies: ]
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.,
such as ] 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. ], [ including ]
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. ], [ including ] 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 [ culturally responsive ] 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 [ Virginia ] 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
and other ] 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 Virginia 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, such as those
found in the ] professional studies requirements in 8VAC40-543-140
[ ) ]. Skills in this area include phonemic [ and
other phonological ] 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 [ Virginia ]
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
Virginia 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
[ , including ].
(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 placements [ and or ] 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 uncontracted and contracted Unified English Braille ]
on both a Braille writer and a "slate and stylus"; and
b. Knowledge of other codes, including Nemeth, foreign
language code, [ and ] 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 or 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. ],
[ such as ] 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 [ and ];
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 [ :
and ] 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. ],
[ including ] cochlear implant systems, hearing aids, FM
systems, sound field systems [ , etc.) ] with
emphasis on utilization in educational environments.
8. Understanding of [ various ] 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 Pathways ] 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
[ ; and
e. Response and recognition of tiered instruction ].
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 [ and
communication ];
b. Cultural and linguistic diversity;
c. English [ language ] learner
language acquisition; and
d. Use of language to get needs and wants met and
[ use of functional communication ] 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 [ and
treatments ].
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 [ and least restrictive
environments ];
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 dynamics ].
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. ],
[ including ] 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 [ (i.e. ], [ including ]
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 [ culturally responsive ] 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,
including ] 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
and ]
(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
Virginia 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 [ (, such as ] reading
competencies [ found ] in [ the ] 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
Virginia 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 [ and ];
(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
Virginia 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 [ Virginia ] 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 [ Virginia ] 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.
[ 5. The program shall include a practicum that shall
include a minimum of 45 instructional hours of successful teaching experiences
with students with disabilities accessing the general curriculum in a public or
accredited nonpublic school. ]
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
Virginia 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 [ Virginia ] 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 [ Virginia ] 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.
[ 5. The program shall include a practicum that shall
include a minimum of 45 instructional hours of successful teaching experiences
with students with disabilities accessing the general curriculum in a public or
accredited nonpublic school. ]
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
Virginia 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 [ Virginia ] 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 [ Virginia ] 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.
[ 5. The program shall include a practicum that shall
include a minimum of 45 instructional hours of successful teaching experiences
with students with disabilities accessing the general curriculum in a public or
accredited nonpublic school. ]
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 [ Virginia ] 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 Knowledge and
understanding in directing ];
d. [ Technical Knowledge and
understanding in technical ] theatre, including lighting, set
design, stage craft, costuming, makeup, and safety;
e. [ Performance Knowledge and
understanding in performance ], including acting and acting styles;
f. [ Dramatic Knowledge and
understanding in dramatic ] literature;
g. [ The Knowledge and
understanding of 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 [ and use of toxic art
materials in various aspects of theatre arts production, performance, and the
classroom ];
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 [ completed three years of
successful, full-time experience in a public school or accredited nonpublic
school in an instructional personnel position that requires licensure in
Virginia and ] 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 Ability to identify ]
and respond to internal and external forces and influences on a school;
c. [ Identify Ability to identify ]
and apply the processes of educational policy development at the state,
local, and school level; and
d. [ Identify Ability to 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
[ (, including ] elementary, middle, high,
central office, and agency [ ) ] with diverse
student populations; and
4. Documents a minimum of 320 clock hours [ of
administration and supervision internship ], 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 [ elementary
and ] middle education.
A. A mathematics specialist is a teacher in the
[ elementary or ] 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 a public or accredited nonpublic school ]
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 completed at least three years of successful
classroom teaching experience in a public or accredited nonpublic school and ]
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, [ (,
such as ] 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 [ ; and
n. Complete ] a supervised practicum or field
experience in the diagnosis and remediation of reading difficulties in a public
or accredited nonpublic school. ]
8VAC20-543-610. School counselor preK-12.
The school counselor preK-12 program shall ensure that the
candidate has [ completed two years of successful, full-time
teaching experience or two years of successful full-time experience in school
counseling in a public or an accredited nonpublic school. Two years of
successful, full-time experience in school counseling in a public or an
accredited nonpublic school under a nonrenewable Provisional License may be
accepted to meet this requirement. The program shall ensure that the candidate
must ] 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
counseling ], 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
[ a school counselor ] 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 [ (,
including ] 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 [ (, such as ] 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 [ ( or considered as ] 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 [ in
school psychology ] 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. ], [ such as ] 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
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 [ including ]:
a. [ Examine Examining ]
factors in home, school, and community that impact students' educational
performance and success; and
b. [ Assist Assisting ] 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. ], [ such as ] 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 [ or earned an
advanced standing master's of social work degree from a regionally accredited
college or university with a minimum of 30 graduate-level 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 Foundations of education
and the ] teaching profession (3 semester hours);
b. Characteristics of special education [ (3
(three ] semester hours);
c. Human development and learning [ (3
(three ] semester hours); or
d. Classroom and behavior management [ (3
(three ] semester hours).
11. The candidate shall complete a [ school
social worker ] 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 [ (, such
as the ] 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 [ ( or ]
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 3, 2018, 11:23 a.m.
TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Fast-Track Regulation
Titles of Regulations: 8VAC20-590. Minimum Standards
for the Accreditation of Child Day Programs Serving Children of Preschool Age
or Younger in Public Schools (repealing 8VAC20-590-10, 8VAC20-590-20,
8VAC20-590-30).
8VAC20-600. Minimum Standards for the Accreditation of Child
Day Programs Serving School Age Children Offered in Public Schools (repealing 8VAC20-600-10, 8VAC20-600-20,
8VAC20-600-30).
Statutory Authority: § 22.1-16 of the Code of Virginia.
Public Hearing Information: No public hearings are
scheduled.
Public Comment Deadline: August 23, 2018.
Effective Date: September 10, 2018.
Agency Contact: Emily V. Webb, Director for Board
Relations, Department of Education, James Monroe Building, 101 North 14th Street,
25th Floor, Richmond, VA 23219, telephone (804) 225-2924, FAX (804) 225-2524,
or email emily.webb@doe.virginia.gov.
Basis: Chapter 442 of the 2016 Acts of Assembly
eliminated the State Board of Education's authority to regulate child day
programs.
Purpose: This repeal is required by legislative action,
and the Virginia Department of Social Services will be responsible for the
welfare of all children in child day programs.
Rationale for Using Fast-Track Rulemaking Process: The
repeal of this regulation is required by legislative action and is not
controversial.
Substance: This action repeals the regulations.
Issues: There are no disadvantages to the public in repealing
this legislation. The advantage to the public is one regulatory agency
responsible for compliance for child day programs. This action is conducive to
effective and efficient state government. The advantage to the Commonwealth is
avoidance of duplication of effort. Instead of two state agencies responsible
for child day program, once state agency will be responsible for child day
program. There are no disadvantages to the agency or the Commonwealth. The
Virginia Department of Education will be responsible for education, and the
Virginia Department of Social Services will be responsible for child welfare,
day care, and any additional social services required by the family.
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. Chapter 442
of the 2016 Acts of Assembly (Chapter 442)1 eliminated Code of
Virginia language requiring these regulations. Consequently, the Board of
Education (Board) proposes to repeal 8VAC20-590 and 8VAC20-600.
Result of Analysis. The benefits likely exceed the costs for
all proposed amendments.
Estimated Economic Impact.
According to the Department of Education (DOE), in practice the requirements of
these regulations have been duplicative of 8VAC20-131, Regulations Establishing
Standards for Accrediting Public Schools in Virginia. Staff at local school
divisions who have child day programs have had to produce documents and prepare
for visits from two sets of DOE staff, for 8VAC20-131 and for these
regulations. By repealing these regulations, local school divisions that have
child day programs no longer have to spend staff time preparing documents and
for visits from DOE staff to obtain accreditation under these regulations.
Eliminating the duplicative efforts saves significant staff time for the school
divisions without compromising safety or quality assurance.
Businesses and Entities Affected. The proposed amendments
affect the 11 school divisions that have child day programs.2
Localities Particularly Affected. The local school divisions
with child day programs are for the Cities of Buena Vista, Charlottesville,
Falls Church, Manassas, Norfolk, and Richmond and the Counties of Albemarle,
Arlington, Charlotte, Fluvanna, and Southampton.3
Projected Impact on Employment. The proposed amendments do not
significantly affect employment.
Effects on the Use and Value of Private Property. The proposed
amendments do not affect the use and value of private property.
Real Estate Development Costs. The proposed amendments do not
affect real estate development costs.
Small Businesses:
Definition. Pursuant to §
2.2-4007.04 of the Code of Virginia, small business is defined as "a
business entity, including its affiliates, that (i) is independently owned and
operated and (ii) employs fewer than 500 full-time employees or has gross
annual sales of less than $6 million."
Costs and Other Effects. The
proposed amendments do not affect small businesses.
Alternative Method that Minimizes
Adverse Impact. The proposed amendments do not adversely affect small
businesses.
Adverse Impacts:
Businesses. The proposed
amendments do not adversely affect businesses.
Localities. The proposed
amendments do not adversely affect localities.
Other Entities. The proposed
amendments do not adversely affect other entities.
_____________________________________________
1See http://leg1.state.va.us/cgi-bin/legp504.exe?161+ful+CHAP0442.
2Source: Department of Education. The data is from 2016,
the most recent year available.
3Ibid.
Agency's Response to Economic Impact analysis: The
agency concurs with the economic impact analysis completed by the Department of
Planning and Budget.
Summary:
The amendments repeal regulations to conform with Chapter
442 of the 2016 Acts of Assembly, which removed Board of Education authority to
regulate child day programs and placed that authority under the State Board of
Social Services.
VA.R. Doc. No. R18-5463; Filed June 26, 2018, 10:37 a.m.
TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Fast-Track Regulation
Titles of Regulations: 8VAC20-590. Minimum Standards
for the Accreditation of Child Day Programs Serving Children of Preschool Age
or Younger in Public Schools (repealing 8VAC20-590-10, 8VAC20-590-20,
8VAC20-590-30).
8VAC20-600. Minimum Standards for the Accreditation of Child
Day Programs Serving School Age Children Offered in Public Schools (repealing 8VAC20-600-10, 8VAC20-600-20,
8VAC20-600-30).
Statutory Authority: § 22.1-16 of the Code of Virginia.
Public Hearing Information: No public hearings are
scheduled.
Public Comment Deadline: August 23, 2018.
Effective Date: September 10, 2018.
Agency Contact: Emily V. Webb, Director for Board
Relations, Department of Education, James Monroe Building, 101 North 14th Street,
25th Floor, Richmond, VA 23219, telephone (804) 225-2924, FAX (804) 225-2524,
or email emily.webb@doe.virginia.gov.
Basis: Chapter 442 of the 2016 Acts of Assembly
eliminated the State Board of Education's authority to regulate child day
programs.
Purpose: This repeal is required by legislative action,
and the Virginia Department of Social Services will be responsible for the
welfare of all children in child day programs.
Rationale for Using Fast-Track Rulemaking Process: The
repeal of this regulation is required by legislative action and is not
controversial.
Substance: This action repeals the regulations.
Issues: There are no disadvantages to the public in repealing
this legislation. The advantage to the public is one regulatory agency
responsible for compliance for child day programs. This action is conducive to
effective and efficient state government. The advantage to the Commonwealth is
avoidance of duplication of effort. Instead of two state agencies responsible
for child day program, once state agency will be responsible for child day
program. There are no disadvantages to the agency or the Commonwealth. The
Virginia Department of Education will be responsible for education, and the
Virginia Department of Social Services will be responsible for child welfare,
day care, and any additional social services required by the family.
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. Chapter 442
of the 2016 Acts of Assembly (Chapter 442)1 eliminated Code of
Virginia language requiring these regulations. Consequently, the Board of
Education (Board) proposes to repeal 8VAC20-590 and 8VAC20-600.
Result of Analysis. The benefits likely exceed the costs for
all proposed amendments.
Estimated Economic Impact.
According to the Department of Education (DOE), in practice the requirements of
these regulations have been duplicative of 8VAC20-131, Regulations Establishing
Standards for Accrediting Public Schools in Virginia. Staff at local school
divisions who have child day programs have had to produce documents and prepare
for visits from two sets of DOE staff, for 8VAC20-131 and for these
regulations. By repealing these regulations, local school divisions that have
child day programs no longer have to spend staff time preparing documents and
for visits from DOE staff to obtain accreditation under these regulations.
Eliminating the duplicative efforts saves significant staff time for the school
divisions without compromising safety or quality assurance.
Businesses and Entities Affected. The proposed amendments
affect the 11 school divisions that have child day programs.2
Localities Particularly Affected. The local school divisions
with child day programs are for the Cities of Buena Vista, Charlottesville,
Falls Church, Manassas, Norfolk, and Richmond and the Counties of Albemarle,
Arlington, Charlotte, Fluvanna, and Southampton.3
Projected Impact on Employment. The proposed amendments do not
significantly affect employment.
Effects on the Use and Value of Private Property. The proposed
amendments do not affect the use and value of private property.
Real Estate Development Costs. The proposed amendments do not
affect real estate development costs.
Small Businesses:
Definition. Pursuant to §
2.2-4007.04 of the Code of Virginia, small business is defined as "a
business entity, including its affiliates, that (i) is independently owned and
operated and (ii) employs fewer than 500 full-time employees or has gross
annual sales of less than $6 million."
Costs and Other Effects. The
proposed amendments do not affect small businesses.
Alternative Method that Minimizes
Adverse Impact. The proposed amendments do not adversely affect small
businesses.
Adverse Impacts:
Businesses. The proposed
amendments do not adversely affect businesses.
Localities. The proposed
amendments do not adversely affect localities.
Other Entities. The proposed
amendments do not adversely affect other entities.
_____________________________________________
1See http://leg1.state.va.us/cgi-bin/legp504.exe?161+ful+CHAP0442.
2Source: Department of Education. The data is from 2016,
the most recent year available.
3Ibid.
Agency's Response to Economic Impact analysis: The
agency concurs with the economic impact analysis completed by the Department of
Planning and Budget.
Summary:
The amendments repeal regulations to conform with Chapter
442 of the 2016 Acts of Assembly, which removed Board of Education authority to
regulate child day programs and placed that authority under the State Board of
Social Services.
VA.R. Doc. No. R18-5463; Filed June 26, 2018, 10:37 a.m.
TITLE 9. ENVIRONMENT
VIRGINIA WASTE MANAGEMENT BOARD
Forms
REGISTRAR'S NOTICE: A
form used in administering the following regulation has been filed by the
Virginia Waste Management Board. 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 to access it. The form is also available from the agency
contact or may be viewed at the Office of the Registrar of Regulations, 900
East Main Street, 11th Floor, Richmond, Virginia 23219.
Title of Regulation: 9VAC20-90. Solid Waste
Management Permit Action Fees and Annual Fees.
Contact Information: Melissa Porterfield, Department of
Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219,
email melissa.porterfield@deq.virginia.gov.
FORMS (9VAC20-90)
Solid Waste Information and Assessment Program -
Reporting Table, Form DEQ 50-25 with Statement of Economic Benefits Form
and Instructions (rev. 11/2014)
Solid Waste Annual Permit Fee Quarter Payment Form PF001
(rev. 7/2017)
Solid
Waste Annual Permit Fee Quarter Payment Form PF001 (rev. 6/2018)
VA.R. Doc. No. R18-5546; Filed June 26, 2018, 8:37 a.m.
TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Final Regulation
Title of Regulation: 12VAC30-60. Standards
Established and Methods Used to Assure High Quality Care (amending 12VAC30-60-303, 12VAC30-60-310;
adding 12VAC30-60-301, 12VAC30-60-302, 12VAC30-60-304, 12VAC30-60-305,
12VAC30-60-306, 12VAC30-60-308, 12VAC30-60-313, 12VAC30-60-315; repealing
12VAC30-60-300, 12VAC30-60-307, 12VAC30-60-312).
Statutory Authority: § 32.1-325 of the Code of
Virginia; 42 USC § 1396 et seq.
Effective Date: August 22, 2018.
Agency Contact: Emily McClellan, Regulatory Supervisor,
Policy Division, Department of Medical Assistance Services, 600 East Broad
Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804)
786-1680, or email emily.mcclellan@dmas.virginia.gov.
Summary:
Item 306 PPP of Chapter 780 of the 2016 Acts of Assembly
directs the Department of Medical Assistance Services (DMAS) to contract out
community-based screenings for children, track and monitor all requests for
screenings that have not been completed within 30 days of an individual's
request, and establish reimbursement and tracking mechanisms. Emergency
regulations were promulgated effective September 1, 2016, to implement this
legislative mandate. The permanent regulations are intended to supersede the
emergency regulations.
The amendments add requirements for accepting, managing,
and completing requests for community and hospital electronic screenings for
community-based and nursing facility services and for using the preadmission
screening (ePAS) system, establish the use by DMAS of contractors, and provide
a framework for public or private entities to screen children and adults in
communities where community preadmission screening teams are unable to complete
screenings within 30 days of the initial request date for a screening. The
current requirements for functional eligibility (12VAC30-60-303 B) for
long-term services and supports (LTSS) are retained since these standards
support the eligibility process for the DMAS home-based and community-based
waiver programs (the Elderly or Disabled with Consumer Direction Waiver, the
Technology Assisted Waiver, the Alzheimer's Assisted Living Waiver, the Program
of All-Inclusive Care for the Elderly, and nursing facility care).
The amendments repeal 12VAC30-60-300 and move the existing
nursing facility criteria to 12VAC30-60-303. The functional criteria, based on
the Uniform Assessment Instrument (UAI) form, are not changing in this
regulatory action, and the use of the UAI for this purpose remains the same.
Amendments include adding a definitions section
(12VAC30-60-301) and sections describing the requirement for the request for
screenings (12VAC30-60-304), screenings for Medicaid-funded LTSS
(12VAC30-60-305), submission of screenings (12VAC30-306), ePAS requirements and
submissions (12VAC30-60-310), individuals determined to not meet criteria
(12VAC30-60-313), and ongoing evaluations for individuals receiving
Medicaid-funded LTSS (12VAC30-60-315).
Changes since the proposed stage of the regulation based on
public comments on the proposed amendments (i) add definitions of long standing
terminology; (ii) modify the required training program to permit experienced
screeners, who have successfully completed the initial training course, to take
a shorter refresher course every three years; (iii) add an additional six
months to complete the required training; (iv) clarify the text of the special
circumstances; (v) add the individual's physician as an entity who can make
requests and referrals for screenings; (vi) specify that screenings are
face-to-face; (vii) add the statutory exception (i.e., an individual being
financially eligible within six months of the screening) to screenings
conducted by community-based teams and hospitals; (viii) allow inpatients in
hospitals to have adult protective services and child protective services
workers request a screening; (ix) qualify the term "eligibility" throughout
with medical or nursing and functional descriptors; (x) allow screeners to
complete the asterisked sections of an online UAI form; (xi) clarify the
long-standing policy of the functional equivalency between UAI and minimum data
set level of care determinations; and (xii) make editorial corrections to
improve clarity and readability.
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.
12VAC30-60-300. Nursing facility criteria. (Repealed.)
A. Medicaid-funded long-term care services may be provided
in either a nursing facility or community-based care setting. The criteria for
assessing an individual's eligibility for Medicaid payment of nursing facility
care consist of two components: (i) functional capacity (the degree of
assistance an individual requires to complete activities of daily living) and
(ii) medical or nursing needs. The criteria for assessing an individual's
eligibility for Medicaid payment of community-based care consist of three
components: (i) functional capacity (the degree of assistance an individual
requires to complete activities of daily living), (ii) medical or nursing needs
and (iii) the individual's risk of nursing facility placement in the absence of
community-based waiver services. In order to qualify for either Medicaid-funded
nursing facility care or Medicaid-funded community-based care, the individual
must meet the same criteria.
B. The preadmission screening process preauthorizes a
continuum of long-term care services available to an individual under the
Virginia Medical Assistance Program. Nursing Facilities' Preadmission
Screenings to authorize Medicaid-funded long-term care are performed by teams
composed by agencies contracting with the Department of Medical Assistance
Services (DMAS). The authorization for Medicaid-funded long-term care must be
rescinded by the nursing facility or community-based care provider or by DMAS
at any point that the individual is determined to no longer meet the criteria
for Medicaid-funded long-term care. Medicaid-funded long-term care services are
covered by the program for individuals whose needs meet the criteria
established by program regulations. Authorization of appropriate
non-institutional services shall be evaluated before nursing facility placement
is considered.
C. Prior to an individual's admission, the nursing
facility must review the completed pre-admission screening forms to ensure that
appropriate nursing facility admission criteria have been documented. The
nursing facility is also responsible for documenting, upon admission and on an
ongoing basis, that the individual meets and continues to meet nursing facility
criteria. For this purpose, the nursing facility will use the Minimum Data Set
(MDS) The post admission assessment must be conducted no later than 14 days
after the date of admission and promptly after a significant change in the
resident's physical or mental condition. If at any time during the course of
the resident's stay, it is determined that the resident does not meet nursing
facility criteria as defined in the State Plan for Medical Assistance, the
nursing facility must initiate discharge of such resident. Nursing facilities
must conduct a comprehensive, accurate, standardized, reproducible assessment
of each resident's functional capacity and medical and nursing needs.
The Department of Medical Assistance Services shall
conduct surveys of the assessments completed by nursing facilities to determine
that services provided to the residents meet nursing facility criteria and that
needed services are provided.
D. The community-based provider is responsible for
documenting upon admission and on an ongoing basis that the individual meets
the criteria for Medicaid-funded long-term care.
E. The criteria for nursing facility care under the
Virginia Medical Assistance Program are contained herein. An individual's need
for care must meet these criteria before any authorization for payment by
Medicaid will be made for either institutional or non-institutional long-term
care services. The Nursing Home Pre-Admission Screening team is responsible for
documenting on the state-designated assessment instrument that the individual
meets the criteria for nursing facility or community-based waiver services and
for authorizing admission to Medicaid-funded long-term care. The rating of
functional dependencies on the assessment instrument must be based on the
individual's ability to function in a community environment, not including any
institutionally induced dependence.
12VAC30-60-301. Definitions.
The following words and terms as used in 12VAC30-60-302
through 12VAC30-60-315 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.
"Adult" means a person age 18 years or older who
may need Medicaid-funded long-term services and supports (LTSS) or who becomes
[ functionally ] eligible to receive Medicaid-funded LTSS.
"Appeal" means the processes used to challenge
actions regarding services, benefits, and reimbursement provided by Medicaid
pursuant to 12VAC30-110 and Part XII (12VAC30-20-500 et seq.) of 12VAC30-20.
"At risk" means the need for the level of care
provided in a hospital, nursing facility, or an intermediate care facility for
individuals with intellectual disability (ICF/IID) when there is reasonable
indication that the individual is expected to need the services in the near
future (that is, [ one month 30 days ] or
less) in the absence of home or community-based services.
"Child" means a person up to the age of 18 years
who may need Medicaid-funded LTSS or who becomes [ functionally ]
eligible to receive Medicaid-funded LTSS.
"Choice" means the individual is provided the
option of either home and community-based waiver services or institutional
services and supports, including the Program of All-Inclusive Care for the
Elderly (PACE), if available and appropriate, after the individual has been
determined likely to need LTSS.
"Communication" means all forms of sharing
information and includes oral speech and augmented or alternative communication
used to express thoughts, needs, wants, and ideas, such as the use of a
communication device, interpreter, gestures, and picture or symbol
communication boards.
[ "Community-based services" means
community-based waiver services or the Program of All-Inclusive Care for the
Elderly (PACE).
"Community-based services provider" means a
provider or agency enrolled with Virginia Medicaid to offer services to
individuals eligible for home and community-based waivers services or PACE. ]
"Community-based team" or "CBT" means
(i) a registered nurse or nurse practitioner; (ii) a social worker or other
assessor designated by DMAS; and (iii) a physician. The CBT members are
employees of, or contracted with, the Virginia Department of Health or the
local department of social services.
[ "CSB" means a local community services
board. ]
"DARS" means the Virginia Department for Aging
and Rehabilitative Services.
"Day" means calendar day unless specified
otherwise.
"DBHDS" means the Virginia Department of
Behavioral Health and Developmental Services.
"DMAS" means the Department of Medical
Assistance Services.
"DMAS designee" means the public or private
entity with an agreement with the Department of Medical Assistance Services to
complete preadmission screenings pursuant to § 32.1-330 of the Code of
Virginia.
"ePAS" means the DMAS automated system or a
DMAS-approved electronic record system for use by [ all ]
entities contracted by DMAS to perform screenings pursuant to § 32.1-330
of the Code of Virginia.
"Face-to-face" means an in-person meeting with
the individual seeking Medicaid-funded LTSS.
"Feasible alternative" means a range of services
that can be provided in the community via waiver or PACE, for less than the
cost of comparable institutional care, in order to enable an individual to
continue living in the community.
[ "Functional capacity" means the degree of
independence that an individual has in performing ADLs, ambulation, and
instrumental ADLs as measured on the UAI and as used as a basis for
differentiating levels of long-term care services.
"Functional eligibility" means the demonstrable
degree to which an individual requires assistance with activities of daily
living.
"Home and community-based services" means
community-based waiver services or the Program of All-Inclusive Care for the
Elderly (PACE).
"Home and community-based services provider"
means a provider or agency enrolled with Virginia Medicaid to offer services to
individuals eligible for home and community-based waivers services or PACE. ]
"Home and community-based services waiver,"
[ "HCBS," ] or "waiver services" means
the range of community services and supports [ , including PACE, ]
approved by the Centers for Medicare and Medicaid Services (CMS) pursuant to
§ 1915(c) of the Social Security Act to be offered to individuals as an
alternative to institutionalization.
"Hospital team" means persons designated by the
hospital who are responsible for conducting and submitting the screening
[ document documents ] for inpatients to
ePAS.
"Inpatient" means an individual who has a
physician's order for admission to an acute care hospital, rehabilitation
hospital, or a rehabilitation unit in an acute care hospital and shall not
apply to [ outpatient outpatients ],
patients in observation beds, and patients of the hospital's emergency
department.
"Local department of social services" or
"LDSS" means the entity established under § 63.2-324 of the Code of
Virginia by the governing city or county in the Commonwealth.
"Local health department" or "LHD"
means the entity established under § 32.1-31 of the Code of Virginia.
"Long-term services and supports" or
"LTSS" means a variety of services that help individuals with health
or personal care needs and ADLs over a period of time that can be provided in
the home, the community, [ assisted living facilities, ]
or nursing facilities.
[ "Managed care organization" or ]
"MCO" [ or ] means a health plan
selected to participate in the Commonwealth's CCC Plus program and that is a
party to a contract with DMAS.
"Medicaid" means the program set out in the 42
USC § 1396 et seq. and administered by the Department of Medical
Assistance Services consistent with Chapter 10 (§ 32.1-323 et seq.) of Title
32.1 of the Code of Virginia.
[ "Medical or nursing need" means (i) the
individual's condition requires observation and assessment to ensure evaluation
of needs due to an inability for self-observation or evaluation; (ii) the
individual has complex medical conditions that may be unstable or have the
potential for instability; or (iii) the individual requires at least one
ongoing medical or nursing service. ]
"Medicare" means the Health Insurance for the
Aged and Disabled program as administered by the Centers for Medicare and
Medicaid Services pursuant to 42 USC 1395ggg.
[ "Minimum data set" or "MDS"
means the evaluation form used by nursing facilities, as federally required,
for the purpose of documenting ongoing level of care required for all of an
NF's residents. ]
"Nursing facility" or "NF" means any
nursing home as defined in § 32.1-123 of the Code of Virginia.
[ "Ongoing" means continuous medical or
nursing needs that shall not be temporary. ]
"Other assessor designated by DMAS" means an
employee of the local department of social services holding the occupational
title of family services specialist [ or an employee of a DMAS
designee ].
"Preadmission screening" or
"screening" means the [ face-to-face ] process
to (i) evaluate the functional, [ medical or ] nursing,
and social support needs of individuals referred for screening for certain
long-term care services requiring NF eligibility; (ii) assist individuals in
determining what specific services the individual needs; (iii) evaluate whether
a service or a combination of existing community services are available to meet
the individual's needs; and (iv) provide a list to individuals of appropriate
providers for Medicaid-funded nursing facility or home and community-based
services for those individuals who meet nursing facility level of care.
[ "Primary account holder" means the
person who performs the initial web registrations for the screening entity and
establishes the security needed for accessing ePAS. ]
"Private pay individual" means individuals who
are not eligible for Medicaid or not expected to become eligible for Medicaid
[ for 180 days within six months ] following
admission.
"Program of All-Inclusive Care for the Elderly"
or "PACE" means the community-based service pursuant to § 32.1-330.3
of the Code of Virginia.
[ "Provider" means an individual
professional or an agency enrolled with Virginia Medicaid to offer services to
eligible individuals. ]
"Referral for screening" means information
obtained from an interested person or other third party having knowledge of an
individual who may need Medicaid-funded LTSS and may include, for example, a
physician, PACE provider, service provider, family member, or neighbor who is
able to provide sufficient information to enable contact with the individual.
[ "Reimbursement" means the
determination that a submitted claim is completed accurately and completely and
the service is covered resulting in the payment by DMAS for the services
represented on the claims. ]
"Representative" means a person who is
authorized to make decisions on behalf of the individual.
"Request date for screening" or "request
date" means the date (i) that an individual, [ an emancipated
child, ] the individual's representative, an adult protective
services worker, child protective services worker, [ physician, ]
or the managed care organization (MCO) care coordinator contacts the
screening entity in the jurisdiction where the individual resides asking for
assistance with LTSS, or (ii) for hospital inpatients, that a physician orders
case management consultation or a hospital's case management service determines
the need for LTSS upon discharge from the hospital.
"Request for screening" means (i) communication
from an individual, [ an emancipated child, ] individual's
representative, adult protective services worker, child protective services
worker, [ or physician, ] managed care
organization (MCO) care coordinator [ , or CSB support coordinator ],
expressing the need for LTSS or (ii) for hospital inpatients, a physician order
for case management consultation or case management determination of the need
for LTSS upon discharge from a hospital.
"Residence" means [ the location in
which an individual is living ], for example, an individual's
private home, apartment, assisted living facility, nursing facility,
[ or ] jail or correctional facility [ if
the individual to be screened is seeking Medicaid-funded LTSS and does not
request an alternative screening location as allowed in 12VAC30-60-305 A ].
"Screening entity" means the hospital screening
team, community-based team, or DMAS designee contracted to perform screenings
pursuant to § 32.1-330 of the Code of Virginia.
"Significant change in condition" means a change
in an individual's condition that is expected to last longer than 30 days and
shall not include (i) short-term changes that resolve with or without
intervention; (ii) a short-term illness or episodic event; or (iii) a
well-established, predictive, cyclic pattern of clinical signs and symptoms
associated with a previously diagnosed condition where an appropriate course of
treatment is in progress.
"Submission" means the transmission of the
screening findings [ and receipt of successfully
processed results using via ] ePAS.
[ "Submission date" means the date that
the screening entity transmits to DMAS the screening findings using ePAS. ]
"Uniform Assessment Instrument" or
"UAI" means the standardized multidimensional assessment instrument
that is completed by the screening entity that assesses an individual's
physical health, mental health, and psycho/social and functional abilities to
determine if the individual meets the nursing facility level of care.
"VDH" means the Virginia Department of Health.
12VAC30-60-302. Access to Medicaid-funded long-term services
and supports.
A. Medicaid-funded long-term services and supports (LTSS)
may be provided in either home and community-based or institutional-based
settings. To receive LTSS, the individual's condition shall first be evaluated
using the designated assessment instrument, the Uniform Assessment Instrument
(UAI), and other [ designated DMAS-designated ]
forms. Screening entities shall [ also ] use the
DMAS-designated forms ([ UAI, ] DMAS-95,
DMAS-96, DMAS-97) [ and ], if selecting nursing
facility placement, the DMAS-95 Level I (MI/IDD/RC) [ , as
appropriate, the DMAS-108, and the DMAS-109 ]. If indicated by the
DMAS-95 Level I results, the individual shall be referred to DBHDS for
completion of the DMAS-95 Level II (for nursing facility placements only).
1. An individual's need for LTSS shall meet the established
criteria (12VAC30-60-303) before any authorization for reimbursement by Medicaid
[ or its designee ] is made for LTSS.
2. Appropriate [ home and ] community-based
services shall be evaluated [ as an option for long-term services
and supports ] prior to consideration of nursing facility
placement.
B. The evaluation shall be the screening as designated in
§ 32.1-330 of the Code of Virginia, which shall preauthorize a continuum
of LTSS covered by Medicaid. [ These screenings shall be conducted
face to face. ]
1. Such screenings, using the UAI, shall be conducted by
teams of representatives of (i) hospitals for individuals (adults and children)
who are inpatients; (ii) local departments of social services and local health
departments, known herein as CBTs, for adults residing in the community and who
are not inpatients; (iii) a DMAS designee for children residing in the
community who are not inpatients; and (iv) a DMAS designee for adults residing
in the community who are not inpatients and who cannot be screened by the CBT
within 30 days of the request date. All of these entities shall be contracted
with DMAS to perform this activity and be reimbursed by DMAS.
2. All screenings shall be comprehensive, accurate,
standardized, and reproducible evaluations of individual functional capacities,
medical or nursing needs, and [ whether the individual is at ]
risk for institutional placement [ within 30 days of the
screening ].
C. Individuals shall not be required to be financially
eligible for receipt of Medicaid or have submitted an application for Medicaid
in order to be screened for LTSS [ for admission to either a NF or
home and community-based services ].
D. Pursuant to § 32.1-330 of the Code of Virginia,
individuals shall be screened if they are [ financially ] eligible
for Medicaid or are anticipated to become [ financially ] eligible
for Medicaid reimbursement of their NF care within six months of NF [ placement
admission or Medicaid reimbursement of home and community-based services and
supports ].
E. Special circumstances.
[ 1. Out-of-state hospitals shall not be required
to perform a screening for residents of the Commonwealth who are inpatients. If
a screening is needed and is requested by either the individual or the
individual's representative, individuals shall be screened upon discharge from
the out-of-state hospital by the CBT serving the locality in which the
individual resides. Screenings shall not be required for individuals who
transfer into a nursing facility in the Commonwealth from an out-of-state
nursing facility.
2. Veterans and military hospitals located in the Commonwealth
that have inpatients who are residents of the Commonwealth shall not be
required to perform screenings and may refer, upon discharge, the individual
who requests a screening to the CBT serving the locality in which the
individual resides. Screenings shall not be required for individuals who
transfer to a nursing facility in the Commonwealth from a veterans or military
hospital.
3. State facilities that are licensed by DBHDS shall not
be required to perform screenings of individuals who are receiving their
services. Individuals shall be referred, upon discharge from such state
facilities, to the CBT serving the locality in which the individual lives if
the facility anticipates an individual may need a screening.
4. Hospitals shall not be required to initiate
screenings for inpatients who are determined by the hospital team to be private
pay individuals unless there is a request for a screening as outlined in
12VAC30-60-304 C.
5. Wilson Workforce Rehabilitation Center (WWRC) staff
shall perform screenings of the WWRC clients.
6. A screening shall not be required for enrollment in
Medicaid hospice services as set out in 12VAC30-60-130 and home health services
as set out in 12VAC30-50-160.
1. Private pay individuals who will not become financially
eligible for Medicaid within six months from admission to a Virginia nursing
facility shall not be required to have a screening in order to be admitted to
the NF.
2. Individuals who reside out of state and seek direct
admission to a Virginia nursing facility shall not be required to have a
screening. Individuals who need a screening for HCBS waiver or PACE programs
and request the screening shall be screened by the CBT or DMAS designee, as
appropriate, serving the locality in which the individual resides once the
individual has relocated to the Commonwealth.
3. Individuals who are inpatients in an out-of-state
hospital, in-state or out-of-state veteran's hospital, or in-state or
out-of-state military hospital and seek direct admission to a Virginia NF shall
not be required to have a screening. Individuals who need a screening for HCBS
waiver or PACE programs and request the screening shall be referred, upon
discharge from one of the identified facilities, to the CBT or DMAS designee,
as appropriate, serving the locality in which the individual resides once the
individual has relocated to the Commonwealth.
4. Individuals who are patients or residents of a state
owned or operated facility that is licensed by DBHDS and seek direct admission
to a Virginia NF shall not be required to have a screening. Individuals who
need a screening for HCBS waiver or PACE and request the screening shall be
referred, upon discharge from the facility, to the CBT or DMAS designee, as
appropriate, serving the locality in which the individual resides.
5. A screening shall not be required for enrollment in
Medicaid hospice services as set out in 12VAC30-50-270 or home health services
as set out in 12VAC30-50-160.
6. Wilson Workforce Rehabilitation Center (WWRC) staff
shall perform screenings of the WWRC clients. ]
[ G. F. ] Failure to comply
with DMAS requirements, including competency and training requirements
applicable to staff, may result in retraction of Medicaid payments.
12VAC30-60-303. Preadmission screening Screening
criteria for Medicaid-funded long-term care services and
supports.
A. Functional [ dependency capacity ]
alone is shall not be deemed sufficient to demonstrate the
need for nursing facility care [ or placement admission ]
or authorization for [ home and ] community-based care services
[ and supports ]. An individual shall be determined to meet
the nursing facility criteria when:
1. The individual has both limited functional capacity
[ and, ] medical or nursing needs [ ,
and is at risk of NF admission within 30 days ] according to the
requirements of this section; or
2. The individual is rated dependent in some functional
limitations, but does not meet the functional capacity requirements, and the
individual requires the daily direct services or supervision of a licensed
nurse that cannot be managed on an outpatient basis (e.g., clinic, physician
visits, home health services).
B. An individual shall only be considered to meet the
nursing facility criteria when both the functional capacity of the individual
and his medical or nursing needs meet the following requirements. Even when an
individual meets nursing facility criteria, placement in a noninstitutional
setting shall be evaluated before actual nursing facility placement is
considered In order to qualify for Medicaid-funded LTSS, the individual
shall meet the following criteria:
1. [ For Medicaid-funded nursing facility
services to be authorized, the screening entity shall document that the
individual has both functional and medical or nursing needs ] The
criteria for screening an individual's eligibility for Medicaid reimbursement
of NF services shall consist of [ two three ]
components: (i) functional capacity (the degree of assistance an individual
requires to complete ADLs) [ ; ] (ii) medical or
nursing needs [ ; and (iii) the individual is at risk of NF
admission within 30 days of the screening date ]. The rating of
functional dependency on the UAI shall be based on the individual's ability to
function in a community environment and exclude all institutionally induced
dependencies.
2. In order for Medicaid-funded community-based [ services
LTSS ] to be authorized, an individual shall not be required to be
physically admitted to a NF. The criteria for screening an individual's
eligibility for Medicaid reimbursement of community-based services shall
consist of three components: (i) functional capacity [ needs
(the degree of assistance an individual requires in order to complete ADLs),; ]
(ii) medical or nursing needs [ ,; and (iii) the
individual's risk of NF placement within 30 days in the absence of
community-based services.
1. C. Functional capacity.
a. 1. When documented on a completed
state-designated preadmission screening assessment instrument a UAI
that is completed in a manner consistent with the definitions of activities of
daily living (ADLs) and directions provided by DMAS for the rating of
those activities, individuals may be considered to meet the functional capacity
requirements for nursing facility care when one of the following describes
their functional capacity:
(1) a. Rated dependent in two to four of the Activities
of Daily Living ADLs, and also rated semi-dependent or dependent in
Behavior Pattern and Orientation, and semi-dependent [ or dependent ]
in Joint Motion or dependent in Medication Administration.
(2) b. Rated dependent in five to seven of the Activities
of Daily Living ADLs, and also rated dependent in Mobility.
(3) c. Rated semi-dependent [ or
dependent ] in two to seven of the Activities of Daily Living ADLs,
and also rated dependent in Mobility and Behavior Pattern and Orientation.
b. 2. The rating of functional [ dependencies
capacity ] on the preadmission screening assessment
instrument must shall be based on the individual's ability to
function in a community environment, not including any institutionally induced
dependence. The following abbreviations shall mean: I = independent; d =
semi-dependent; D = dependent; MH = mechanical help; HH = human help.
(1) a. Bathing.
(a) (1) Without help (I)
(b) (2) MH only (d)
(c) (3) HH only (D)
(d) (4) MH and HH (D)
(e) (5) Performed by Others (D)
(2) b. Dressing.
(a) (1) Without help (I)
(b) (2) MH only (d)
(c) (3) HH only (D)
(d) (4) MH and HH (D)
(e) (5) Performed by Others (D)
(f) (6) Is not Performed (D)
(3) c. Toileting.
(a) (1) Without help day or night (I)
(b) (2) MH only (d)
(c) (3) HH only (D)
(d) (4) MH and HH (D)
(e) (5) Performed by Others (D)
(4) d. Transferring.
(a) (1) Without help (I)
(b) (2) MH only (d)
(c) (3) HH only (D)
(d) (4) MH and HH (D)
(e) (5) Performed by Others (D)
(f) (6) Is not Performed (D)
(5) e. Bowel Function function.
(a) (1) Continent (I)
(b) (2) Incontinent less than weekly (d)
(c) (3) External/Indwelling Device/Ostomy --
self care (d)
(d) (4) Incontinent weekly or more (D)
(e) (5) Ostomy -- not self care (D)
(6) f. Bladder Function function.
(a) (1) Continent (I)
(b) (2) Incontinent less than weekly (d)
(c) (3) External device/Indwelling
Catheter/Ostomy -- self care (d)
(d) (4) Incontinent weekly or more (D)
(e) (5) External device -- not self care (D)
(f) (6) Indwelling catheter -- not self care (D)
(g) (7) Ostomy -- not self care (D)
(7) g. Eating/Feeding.
(a) (1) Without help (I)
(b) (2) MH only (d)
(c) (3) HH only (D)
(d) (4) MH and HH (D)
(e) (5) Spoon fed (D)
(f) (6) Syringe or tube fed (D)
(g) (7) Fed by IV or clysis (D)
(8) h. Behavior Pattern pattern
and Orientation orientation.
(a) (1) Appropriate or Wandering/Passive less
than weekly + Oriented (I)
(b) (2) Appropriate or Wandering/Passive less
than weekly + Disoriented -- Some Spheres (I)
(c) (3) Wandering/Passive Weekly/or more +
Oriented (I)
(d) (4) Appropriate or Wandering/Passive less
than weekly + Disoriented -- All Spheres (d)
(e) (5) Wandering/Passive Weekly/Some or more +
Disoriented -- All Spheres (d)
(f) (6) Abusive/Aggressive/Disruptive less than
weekly + Oriented or Disoriented (d)
(g) (7) Abusive/Aggressive/Disruptive weekly or
more + Oriented (d)
(h) (8) Abusive/Aggressive/Disruptive +
Disoriented -- All Spheres (D)
(9) i. Mobility.
(a) (1) Goes outside without help (I)
(b) (2) Goes outside MH only (d)
(c) (3) Goes outside HH only (D)
(d) (4) Goes outside MH and HH (D)
(e) (5) Confined -- moves about (D)
(f) (6) Confined -- does not move about (D)
(10) j. Medication Administration administration.
(a) (1) No medications (I)
(b) (2) Self administered -- monitored less than
weekly (I)
(c) (3) By lay persons, Administered/Monitored
(D)
(d) (4) By Licensed/Professional nurse
Administered/Monitored (D)
(11) k. Joint Motion motion.
(a) (1) Within normal limits or instability
corrected (I)
(b) (2) Limited motion (d)
(c) (3) Instability -- uncorrected or immobile
(D)
c. D. Medical or nursing needs. An individual
with medical or nursing needs is an individual whose health needs require
medical or nursing supervision or care above the level that could be provided
through assistance with Activities of Daily Living ADLs, Medication
Administration medication administration, and general supervision
and is not primarily for the care and treatment of mental diseases. Medical or
nursing supervision or care beyond this level is required when any one of the
following describes the individual's need for medical or nursing supervision:
(1) 1. The individual's medical condition
requires observation and assessment to [ assure ensure ]
evaluation of the [ person's individual's ] need for
modification of treatment or additional medical procedures to prevent
destabilization, and the person has demonstrated an inability to self observe
or evaluate the need to contact skilled medical professionals;
(2) 2. Due to the complexity created by the
[ person's individual's ] multiple, interrelated
medical conditions, the potential for the individual's medical instability is
high or medical instability exists; or
(3) 3. The individual requires at least one
ongoing medical or nursing service. The following is a nonexclusive list of
medical or nursing services that may, but need not necessarily, indicate a need
for medical or nursing supervision or care:
(a) a. Application of aseptic dressings;
(b) b. Routine catheter care;
(c) c. Respiratory therapy;
(d) d. Supervision for adequate nutrition and
hydration for individuals who show clinical evidence of malnourishment or
dehydration or have recent history of weight loss or inadequate hydration that,
if not supervised, would be expected to result in malnourishment or
dehydration;
(e) e. Therapeutic exercise and positioning;
(f) f. Routine care of colostomy or ileostomy or
management of neurogenic bowel and bladder;
(g) g. Use of physical (e.g., side rails,
poseys, locked wards) and/or or chemical restraints, or both;
(h) h. Routine skin care to prevent pressure
ulcers for individuals who are immobile;
(i) i. Care of small uncomplicated pressure
ulcers and local skin rashes;
(j) j. Management of those with sensory,
metabolic, or circulatory impairment with demonstrated clinical evidence of
medical instability;
(k) k. Chemotherapy;
(l) l. Radiation;
(m) m. Dialysis;
(n) n. Suctioning;
(o) o. Tracheostomy care;
(p) p. Infusion therapy; or
(q) q. Oxygen.
d. Even when an individual meets nursing facility criteria,
provision of services in a noninstitutional setting shall be considered before
nursing facility placement is sought.
C. E. When assessing an individual 21 years
of age or younger screening a child, the teams who are screening
entity who is conducting preadmission screenings [ the ]
screening for long-term care services LTSS shall utilize
the electronic Uniform Assessment Instrument (UAI) interpretive
guidance as contained referenced in DMAS' Medicaid Memo dated
October 3, 2012, entitled "Development of Special Criteria for the
Purposes of Pre-Admission Screening," November 22, 2016, entitled
"Reissuance of the Pre-Admission Screening (PAS) Provider Manual, Chapter
IV," which can be accessed on the DMAS website at https://www.virginiamedicaid.dmas.virginia.gov/.
12VAC30-60-304. Requests [ and referrals ]
for screening for adults and children living in the community and adults and
children in hospitals.
A. Screenings for adults living in the community.
Screenings for adults who are residing in the community but who are not
inpatients shall be completed and submitted [ (submission date) ]
by the CBT to ePAS [ within 30 days of the request date for
screening ]. [ If the individual, or any of the
other persons permitted to make such requests, requests a screening, the CBT
shall be required to perform the requested screening; otherwise, CBTs shall not
be required to screen individuals who are not expected to become financially
eligible for Medicaid-funded LTSS within six months of the screening. ]
1. Requests for screenings shall be accepted from either an
individual, the individual's representative, an adult protective service
worker, [ the individual's physician, ] or an MCO care
coordinator having an interest in the individual. The CBT in the jurisdiction
where the individual resides shall conduct such screening. For the screening to
be scheduled by the CBT, the individual shall either agree to participate or,
if refusing, shall be under order of a court of appropriate jurisdiction to
have a screening.
a. The LDSS or LHD in receipt of the request for a
screening shall contact the individual or his representative within seven days
of the request date for screening to schedule a screening with the individual
and any other persons whom the individual selects to attend the screening.
b. When the CBT has not scheduled a screening to occur
within 21 days of the request date for screening, and the screening is not
anticipated to be complete within 30 days of the request date for screening due
to the screening entity's inability to conduct the screening, the LDSS and LHD
shall, no later than seven days after the request date for screening, notify
DARS and VDH staff designated for technical assistance. [ After
contact with the LDSS and LHD, if DARS and VDH confirm that the screening
entity is unable to complete the screening within 30 days of the request date
for screening, the designated VDH staff shall refer the CBT and screening
request to the DMAS designee for scheduling of a screening and submission of
documentation. ]
2. Referrals for screenings may also be accepted by LDSS or
LHD from an interested person having knowledge of an individual who may need
LTSS. When the LDSS or LHD receives such a referral, the LDSS or LHD shall
obtain sufficient information from the referral source to initiate contact with
the individual or his representative to discuss the [ preadmission ]
screening process. Within seven days of the referral date, the LDSS or LHD
shall contact the individual or his representative to determine if the
individual is interested in receiving LTSS and would participate in the
screening. If the LDSS or LHD is unable to contact the individual or his
representative, it shall document the attempt to contact the individual or his
representative using the method adopted by the CBT.
a. After contact with the individual or his representative,
or if the LDSS or LHD is unable to contact the individual or his
representative, the LDSS or LHD shall advise the referring interested person
that contact or attempt to contact has been made in response to the referral
for screening.
b. Information about the results of the contact shall only
be shared [ by the LDSS or LHD ] with the interested
person who made the referral [ with either when the
LDSS or LHD has ] the individual's written consent or the written
consent of his legal representative who has such authority on behalf of the
individual.
B. Screenings for children living in the community.
Screenings for children who are residing in the community but who are not
inpatients shall be completed and submitted [ to via ]
ePAS [ (this shall be considered the submission date as
defined herein) within 30 days of the request date for
screening ]. [ If the individual or parent or
guardian, or any of the other persons permitted to make such requests, requests
a screening, the DMAS designee shall perform the requested screening;
otherwise, the DMAS designee shall not be required to screen individuals who
are not expected to become financially eligible for Medicaid-funded LTSS
within six months of the screening. ]
1. A child who is residing in the community and is not an
inpatient shall receive a screening from a DMAS designee. [ The
CBT shall forward requests for such screenings directly to the DMAS designee.
The DMAS designee may receive requests for screenings directly. Any requests
for screenings for a child received by the CBT shall be forwarded directly to
the DMAS designee. For the screening to be scheduled by the CBT, the child
shall either agree to participate or, if refusing, shall be under order of a
court of appropriate jurisdiction to have a screening. ]
2. The request for screening of a child residing in the community
shall [ initiate be accepted ] from the
parent, [ legal guardian, ] the entity having legal
custody of that child, an emancipated child, [ a physician, ]
an MCO care coordinator, or a child protective service worker having an
interest in the child.
3. Referrals for screenings may also be accepted from an
interested person having knowledge of a child who may need LTSS. The process,
timing, and limitations on the sharing of the results for referrals for
screenings for children shall be the same as that set out for adults in
subdivision A 2 of this section.
C. Screenings in hospitals for adults and children who are
inpatients. Screenings in hospitals shall be completed when an adult or child
who is an inpatient may need LTSS upon discharge or when the [ inpatient
individual ], [ MCO, ] or representative
[ , ] requests a screening.
1. As a part of the discharge planning process, the
hospital team shall [ also ] complete a face-to-face
screening when:
a. The individual's physician, in collaboration with the
individual or the individual's representative if there is one [ , ]
makes a request of the hospital team. If the individual is a child, the
screening shall be completed when the individual's physician, in collaboration
with the child's parent, [ legal guardian, ] the entity
having legal custody of the child, [ or ] the
emancipated child [ , adult protective services worker, child
protective services worker, or MCO care coordinator ] makes a
request of the hospital team; or
b. The individual, the individual's representative if there
is one, parent, [ legal guardian, ] entity having legal
custody, [ or ] emancipated child [ ,
adult protective services worker, child protective services worker, or MCO care
coordinator ] requests a consultation with hospital case
management.
2. [ Such When there is a
request, such ] individual shall receive a screening conducted by
the hospital team regardless of [ the primary payer source
(e.g., Medicare, health maintenance organization) and whether or not
if ] he is eligible for Medicaid or [ are
is ] anticipated to become eligible for Medicaid within six months
after admission to a NF.
[ 3. The hospital team shall exclude all
institutionally-induced dependencies from the face-to-face screening
documentation.
D. Screenings shall be submitted via e-PAS within 30 days
of the screening request. ]
12VAC30-60-305. Screenings in the community and hospitals
for Medicaid-funded long-term services and supports.
A. Community screenings for adults.
1. [ Eligibility Medical or
nursing and functional eligibility ] for Medicaid-funded LTSS shall
be determined by the CBT after completion of a screening of the individual's
needs and available supports. The CBT shall [ document a
screening of consider ] all the supports available for
that individual in the community (i.e., the immediate family, other relatives,
other community resources [ ) ], and other services in
the continuum of LTSS [ ) ]. The screening shall
be documented on the [ designated DMAS DMAS-designated ]
forms identified in 12VAC30-60-306.
2. Screenings shall be completed in the individual's
residence unless the residence presents a safety risk for the individual or the
CBT, or unless the individual or the representative requests that the screening
be performed in an alternate location within the same jurisdiction. The
individual shall be permitted to have another person [ or
persons ] present at the time of the screening. Other than
situations when a court has issued an order for a screening, the individual
shall also be afforded the right to refuse to participate. The CBT shall
determine the appropriate degree of participation and assistance given by other
persons to the individual during the screening and accommodate the individual's
preferences to the extent feasible.
3. The CBT shall:
a. Observe the individual's ability to perform [ appropriate ]
ADLs according to 12VAC30-60-303 and consider the individual's communication
or responses to questions or his representative's communication or responses;
b. Observe, assess, and report the individual's medical
[ , nursing, and functional ] condition. This
information shall be used to ensure accurate and comprehensive evaluation of
the individual's need for modification of treatment or additional medical
procedures to prevent destabilization even when the individual has demonstrated
an inability to self-observe or evaluate the need to contact skilled medical
professionals;
c. Identify the medical or nursing needs, [
or both, and functional needs ] of the individual; and
d. Consider services and settings that may be needed by the
individual in order for the individual to safely perform ADLs.
4. Upon completion of the screening and in consideration of
the communication from the individual or his representative, if appropriate,
and observations obtained during the screening, the CBT shall determine whether
the individual meets the criteria set out in 12VAC30-60-303. If the individual
meets the criteria for LTSS, the CBT shall inform [ the individual
or his representative, if appropriate, of this determination in writing ]
and provide choice [ to the individual and his
representative, if appropriate, ] of the feasible alternatives
[ , such as PACE or home and community-based waiver services, ]
to placement in a NF.
5. If waiver services or PACE, where available, are
declined, the reason for [ the declination declining ]
shall be recorded on the DMAS-97, Individual Choice - Institutional Care or
Waiver Services Form. The CBT shall have this document signed by either the
individual or his representative, if appropriate. In addition to the electronic
document, a paper copy of the DMAS-97 form with the individual's or his
representative's signature shall be retained in the individual's record by the
screening entity.
6. If the individual meets criteria and selects [ home
and ] community-based services, the CBT shall also document that
the individual is at risk of NF placement in the absence of [ home
and ] community-based services by finding that at least one of the
following conditions exists:
a. The individual has been cared for in the home prior to
the screening and evidence is available demonstrating a deterioration in the
individual's health care condition, a significant change in condition, or a change
in available supports [ preventing previous services and
supports from meeting the individual's needs ]. Examples of
such evidence may include (i) recent hospitalizations, (ii) attending physician
documentation, or (iii) reported findings from medical or social service
agencies.
b. There has been no significant change in condition or
available support but evidence is available that demonstrates the individual's
functional, medical, or nursing needs are not being met. Examples of such
evidence may include (i) recent hospitalizations, (ii) attending physician
documentation, or (iii) reported findings from medical or social service
agencies.
7. If the individual selects NF placement, the CBT shall
follow the Level I identification and Level II evaluation process as outlined
in Part III (12VAC30-130-140 et seq.) of 12VAC30-130.
8. If the CBT determines that the individual does not meet
the criteria set out in 12VAC30-60-303, the CBT shall notify [ in
writing ] the individual [ and or ]
the individual's representative, as may be appropriate, [ in
writing ] that LTSS are being denied for the individual. The denial
notice shall include the individual's right to appeal consistent with DMAS
client appeals regulations (12VAC30-110).
9. For those screenings conducted in accordance with clause
iv of 12VAC30-60-302 B 1, the DMAS designee shall follow the process outlined
in this subsection.
B. Community screenings for children.
1. [ Eligibility Medical or
nursing and functional eligibility ] for Medicaid-funded LTSS shall
be determined by the DMAS designee after completion of a screening of the
child's needs and available supports. The DMAS designee shall [ document
a screening of consider ] all the supports available for
that child in the community (i.e., the immediate family, other community
resources [ ) ], and other services in the continuum of LTSS
[ ) ]. The screening shall be documented on the
designated DMAS forms identified in 12VAC30-60-306.
2. Upon receipt of a screening request, the DMAS designee
shall schedule an appointment to complete the requested screening. Community
settings where screenings may occur include the child's residence, other
residences, children's residential facilities, or other settings with the
exception of acute care hospitals, rehabilitation units of acute care
hospitals, and rehabilitation hospitals.
3. The DMAS designee shall:
a. Determine the appropriate degree of participation and
assistance given by other persons to the individual during the screening in
recognition of the individual's preferences to the extent feasible.
b. Observe the child's ability to perform [ appropriate ]
ADLs according to 12VAC30-60-303 and consider the parent's, legal
guardian's, or emancipated child's communications or responses to questions;
c. Observe, assess, and report the child's medical
[ or nursing and functional ] condition. This information
shall be used to ensure accurate and comprehensive evaluation of the child's
need for modification of treatment or additional medical procedures to prevent destabilization
even when the child has demonstrated an inability to self-observe or evaluate
the need to contact skilled medical professionals;
d. Identify the medical or nursing [ and the
functional ] needs [ , or both, ] of
the child; and
e. Consider services and settings that may be needed by the
child in order for the child to safely perform ADLs in the community.
4. Upon completion of the screening and in consideration of
the communication from the child or his representative, if appropriate, and observations
obtained during the screening, the DMAS designee shall determine whether the
child meets the criteria set out in 12VAC30-60-303. If the child meets the
criteria for [ Medicaid-funded ] LTSS, the DMAS
designee shall inform [ the child and his representative, if
appropriate, of this determination in writing ] and provide choice
[ to the child and his representative, if appropriate, ]
of the feasible alternatives [ , such as PACE or home and
community-based waiver services, ] to NF placement.
5. If waiver services are declined, the reason for
declining shall be recorded on the DMAS-97, Individual Choice - Institutional
Care or Waiver Services Form. The DMAS designee shall have this document signed
by either the [ emancipated ] child or his representative
[ , if appropriate ]. In addition to the electronic
document, a paper copy of the DMAS-97 form with the child's or his
representative's signature shall be retained in the child's record by the
screening entity.
6. If the child meets criteria and selects [ home
and ] community-based services, the DMAS designee shall also
document that the individual is at risk of NF placement in the absence of
[ home and ] community-based services by finding that at
least one of the following conditions exists:
a. The child has been cared for in the home prior to the
screening and evidence is available demonstrating a deterioration in the
child's health care condition, a significant change in condition, or a change
in available supports [ preventing previous services and
supports from meeting the child's needs ]. Examples of such
evidence may include (i) recent hospitalizations, (ii) attending physician
documentation, or (iii) reported findings from medical or social service
agencies.
b. There has been no significant change in condition or
available support but evidence is available that demonstrates the child's
functional, medical, or nursing needs are not being met. Examples of such
evidence may include (i) recent hospitalizations, (ii) attending physician
documentation, or (iii) reported findings from medical or social service
agencies.
7. If the parent, [ legal guardian, ] entity
having legal custody of the child, or emancipated child selects NF placement,
the DMAS designee shall follow the Level I identification and Level II
evaluation process as set out in Part III (12VAC30-130-140 et seq.) of
12VAC30-130.
8. If the DMAS designee determines that the child does not
meet the criteria to receive [ Medicaid-funded ] LTSS
as set out in 12VAC30-60-303, the DMAS designee shall notify [ in
writing ] the parent, [ legal guardian, ] entity
having legal custody of the child, or the emancipated child and representative,
as may be appropriate, [ in writing ] that [ Medicaid-funded ]
LTSS are being denied for the child. The denial notice shall include the
child's right to appeal consistent with DMAS client appeals regulations
(12VAC30-110).
C. Screenings for adults and children in hospitals. For
the purpose of this subsection, the term "individual" shall mean
either an adult or a child.
1. [ Eligibility Medical or
nursing and functional eligibility ] for Medicaid-funded LTSS shall
be determined by the hospital screening team after completion of a screening of
the individual's [ medical or nursing and functional ] needs
and available supports. The hospital screening team shall [ document
a screening of consider ] all the supports available for
that individual in the community (i.e., the immediate family, other relatives,
other community resources [ ) ], and other services in the continuum
of LTSS [ ) ].
2. Screenings shall be completed in the hospital prior to
discharge. The individual shall be permitted to have another person [ or
persons ] present at the time of the screening. [ Other
than situations Except ] when a court has issued an
order for a screening, the individual shall also be afforded the right to
refuse to participate. The hospital screening team shall determine the
appropriate degree of participation and assistance given by other persons to
the individual during the screening and accommodate the individual's
preferences to the extent feasible.
3. The hospital screening team shall:
a. Observe the individual's ability to perform [ appropriate ]
ADLs according to 12VAC30-60-303, excluding all institutionally induced dependencies,
and consider the individual's communication or responses to questions or his
representative's communication or responses;
b. Observe, assess, and report the individual's medical
[ or nursing and functional ] condition. This information
shall be used to ensure accurate and comprehensive evaluation of the
individual's need for modification of treatment or additional medical
procedures to prevent destabilization even when the individual has demonstrated
an inability to self-observe or evaluate the need to contact skilled medical
professionals;
c. Identify the medical [ or , ]
nursing [ , and functional ] needs [ ,
or both, ] of the individual; and
d. Consider services and settings that may be needed by the
individual in order for the individual to safely perform ADLs.
4. Upon completion of the screening and in consideration of
the communication from the individual or his representative, if appropriate,
and observations obtained during the screening, the hospital screening team
shall determine whether the individual meets the criteria set out in
12VAC30-60-303. If the individual meets the criteria for [ Medicaid-funded ]
LTSS, the hospital screening team shall inform [ and provide
choice to ] the individual [ and or ]
his representative, if appropriate, [ of this determination in
writing and provide choice ] [ to the individual and his
representative, if appropriate ] of the feasible alternatives
[ , such as PACE or home and community-based waiver services, ]
to placement in a NF.
5. If waiver services or PACE, where available, are
declined, the reason for [ the declination declining ]
shall be recorded on the DMAS-97, Individual Choice - Institutional Care or
Waiver Services Form. The hospital screening team shall have this document
signed by either the individual or his representative, if appropriate. In
addition to the electronic document, a paper copy of the DMAS-97 form with the
individual's or his representative's signature shall be retained in the
individual's record.
6. If the individual meets criteria and selects [ home
and ] community-based services, the hospital screening team shall
also document that the individual is at risk of NF placement in the absence of
[ home and ] community-based services by finding that at
least one of the following conditions exists:
a. Prior to the inpatient admission, the individual was
cared for in the home and evidence is available demonstrating a deterioration
in the individual's health care condition, a significant change in condition,
or a change in available supports [ preventing previous services
and supports from meeting the individual's needs ]. Examples of
such evidence may include (i) recent hospitalizations, (ii) attending physician
documentation, or (iii) reported findings from medical or social service
agencies.
b. There has been no significant change in condition or
available support but evidence is available that demonstrates the individual's
functional, medical, or nursing needs are not being met. Examples of such
evidence may include (i) recent hospitalizations, (ii) attending physician
documentation, or (iii) reported findings from medical or social service
agencies.
7. If the individual selects NF placement, the hospital
screening team shall follow the Level I identification and Level II evaluation
process as outlined in Part III (12VAC30-130-140 et seq.) of 12VAC30-130.
8. If the hospital screening team determines that the
individual does not meet the criteria set out in 12VAC30-60-303, the hospital
screening team shall notify [ in writing ] the
individual [ and or ] the individual's
representative, as may be appropriate, [ in writing ] that
LTSS are being denied for the individual. The denial notice shall include the
individual's right to appeal consistent with DMAS client appeals regulations (12VAC30-110).
12VAC30-60-306. Submission of screenings.
A. The screening entity shall complete and submit the
following forms to DMAS electronically [ on via ]
ePAS:
1. DMAS-95 - MI/IDD/RC (Supplemental Assessment Process
Form Level I) [ , as appropriate ];
2. DMAS-96 (Medicaid-Funded Long-Term Care Service
Authorization Form) [ , as appropriate ];
3. DMAS-97 (Individual Choice - Institutional Care or
Waiver Services) [ and, as applicable ];
4. UAI (Uniform Assessment Instrument) [ ;
5. DMAS-108 (Tech Waiver Adult Referral); and
6. DMAS-109 (Tech Waiver Pediatric Referral ].
B. For screenings performed in the community, the
screening entity shall submit to DMAS [ on via ]
ePAS each screening form listed in subsection A of this section within 30
days of the individual's request date for screening.
C. For screenings performed in a hospital, the hospital
team shall submit to DMAS [ on via ] ePAS
each screening form listed in subsection A of this section, which shall be
completed prior to the individual's discharge. For individuals who will be
admitted to a Medicare-funded skilled NF or to a Medicare-funded rehabilitation
hospital (or rehabilitation unit) directly upon discharge from the hospital,
the hospital screener shall have up to an additional three days post-discharge
to submit the screening forms via ePAS.
12VAC30-60-307. Summary of pre-admission nursing facility
criteria. (Repealed.)
A. An individual shall be determined to meet the nursing
facility criteria when:
1. The individual has both limited functional capacity and
requires medical or nursing management according to the requirements of
12VAC30-60-303, or
2. The individual is rated dependent in some functional
limitations, but does not meet the functional capacity requirements, and the
individual requires the daily direct services or supervision of a licensed
nurse that cannot be managed on an outpatient basis (e.g., clinic, physician
visits, home health services).
B. An individual shall not be determined to meet nursing
facility criteria when one of the following specific care needs solely
describes his or her condition:
1. An individual who requires minimal assistance with
activities of daily living, including those persons whose only need in all
areas of functional capacity is for prompting to complete the activity;
2. An individual who independently uses mechanical devices
such as a wheelchair, walker, crutch, or cane;
3. An individual who requires limited diets such as a
mechanically altered, low salt, low residue, diabetic, reducing, and other
restrictive diets;
4. An individual who requires medications that can be
independently self-administered or administered by the caregiver;
5. An individual who requires protection to prevent him
from obtaining alcohol or drugs or to address a social or environmental
problem;
6. An individual who requires minimal staff observation or
assistance for confusion, memory impairment, or poor judgment;
7. An individual whose primary need is for behavioral
management which can be provided in a community-based setting;
12VAC30-60-308. Nursing facility admission and level of care
determination requirements.
Prior to an individual's admission, the NF shall review
the completed screening forms to ensure that applicable NF admission criteria
have been met [ and, ] documented
[ , and submitted via e-PAS unless the individual meets any of the
special circumstances set out in 12VAC30-60-302 E. NFs shall not accept paper
screening forms as proof that admission criteria have been met and documented ].
12VAC30-60-310. [Reserved] Competency training and
testing requirements.
By [ no later than December 31, 2018
June 30, 2019 ], each person performing screenings on behalf of a
screening entity shall complete required training and competency [ assessments
tests ]. A score of at least 80% on each module [ for
each person who is required to give final approval on screenings on behalf of
the screening entity ] shall constitute satisfactory competency
[ assessment test ] results. The most current
competency [ assessment test ] results
shall be kept in the screening entity's personnel records for each person
performing screenings for the screening entity. Such documentation results
shall be provided to DMAS upon its request.
1. All persons [ performing who
are required by the screening entity to give final approval of ] screenings
shall complete the DMAS-approved training and pass the corresponding competency
[ assessment tests ] with a score of at least
80% for each module of the training prior to performing screenings. [ This
training shall be repeated no less than every three years resulting in a score
of at least 80% on each module. ]
2. [ Upon successful completion of the initial
training, each person who is required to give final approval of screenings
on behalf of the screening entity shall complete the shortened refresher course
no less than every three years. A score of at least 80% on the refresher module
shall be required for a person to continue to perform screenings or
give final approval of screenings on behalf of the screening entity.
3. ] Failure to satisfy the training and
competency [ assessment tests ] requirements
may result in the retraction of Medicaid payment.
12VAC30-60-312. Evaluation to determine eligibility for
Medicaid payment of nursing facility or home and community-based care services.
(Repealed.)
A. The screening team shall not authorize Medicaid-funded
nursing facility services for any individual who does not meet nursing facility
criteria. Once the nursing home preadmission screening team has determined
whether or not an individual meets the nursing facility criteria, the screening
team must determine the most appropriate and cost-effective means of meeting
the needs of the individual. The screening team must document a complete
assessment of all the resources available for that individual in the community
(i.e., the immediate family, other relatives, other community resources and
other services in the continuum of long-term care which are less intensive than
nursing facility level-of-care services). The screening team shall be
responsible for preauthorizing Medicaid-funded long-term care according to the
needs of each individual and the support required to meet those needs. The
screening team shall authorize Medicaid-funded nursing facility care for an
individual who meets the nursing facility criteria only when services in the
community are either not a feasible alternative or the individual or the individual's
representative rejects the screening team's plan for community services. The
screening team must document that the option of community-based alternatives
has been explained, the reason community-based services were not chosen, and
have this document signed by the client or client's primary caregivers.
B. The screening team shall authorize community-based
waiver services only for an individual who meets the nursing facility criteria
and is at risk of nursing home placement without waiver services. Waiver
services are offered to such an individual as an alternative to avoid nursing
facility admission pursuant to 42 CFR 441.302 (c)(1).
C. Federal regulations which govern Medicaid-funded home
and community-based services require that services only be offered to
individuals who would otherwise require institutional placement in the absence
of home- and community-based services. The determination that an individual
would otherwise require placement in a nursing facility is based upon a finding
that the individual's current condition and available support are insufficient
to enable the individual to remain in the home and thus the individual is at
risk of institutionalization if community-based care is not authorized. The
determination of the individual's risk of nursing facility placement shall be
documented either on the state-designated pre-admission screening assessment or
in a separate attachment for every individual authorized to receive
community-based waiver services. To authorize community-based waiver services,
the screening team must document that the individual is at risk of nursing
facility placement by finding that one of the following conditions is met:
1. Application for the individual to a nursing facility has
been made and accepted;
2. The individual has been cared for in the home prior to
the assessment and evidence is available demonstrating a deterioration in the
individual's health care condition or a change in available support preventing
former care arrangements from meeting the individual's need. Examples of such
evidence may be, but shall not necessarily be limited to:
a. Recent hospitalizations;
b. Attending physician documentation; or
c. Reported findings from medical or social service
agencies.
3. There has been no change in condition or available
support but evidence is available that demonstrates the individual's
functional, medical and nursing needs are not being met. Examples of such
evidence may be, but shall not necessarily be limited to:
a. Recent hospitalizations;
b. Attending physician documentation; or
c. Reported findings from medical or social service
agencies.
12VAC30-60-313. Individuals determined to not meet criteria
for Medicaid-funded long-term services and supports.
[ An Notwithstanding 12VAC30-60-302 E, an ]
individual shall be determined not to meet [ the medical or
nursing and functional ] criteria for Medicaid-funded LTSS when
[ there is no screening or MDS to document the individual meets the
medical or nursing and functional criteria or when ] one of the
following specific care needs solely describes the individual's condition:
1. The individual requires minimal assistance with ADLs,
including those individuals whose only need in all areas of functional capacity
is for prompting to complete the activity;
2. The individual independently uses mechanical devices
such as a wheelchair, walker, crutch, or cane;
3. The individual requires limited diets such as a
mechanically altered, low-salt, low-residue, diabetic, reducing, or other
restrictive diets;
4. The individual requires medications that can be
independently self-administered or administered by the caregiver;
5. The individual requires protection to prevent him from
obtaining alcohol or drugs or to address a social or environmental problem;
6. The individual requires minimal staff observation or
assistance for confusion, memory impairment, or poor judgment; or
7. The individual's primary need is for behavioral
management that can be provided in a community-based setting.
12VAC30-60-315. [ Ongoing Periodic ]
evaluations for individuals receiving Medicaid-funded long-term services and
supports.
A. Once an individual is [ admitted to
enrolled in home and ] community-based services, the [ home
and ] community-based services provider shall be responsible for
conducting [ ongoing periodic ] evaluations
to ensure that the individual meets, and continues to meet, the waiver program
or PACE criteria, if appropriate. These [ ongoing
periodic ] evaluations shall be conducted using the Level of Care
Review tab in the Medicaid portal [ .at ] (https://www.virginiamedicaid.dmas.virginia.gov/wps/portal).
[ The home and community-based services provider shall promptly
evaluate the individual after he experiences a significant change in his
condition, as defined in 12VAC30-60-301. ]
B. Once an individual is admitted to a NF, the NF shall be
responsible for conducting [ ongoing periodic ]
evaluations to ensure that the individual meets, and continues to meet, the
NF criteria. For this purpose, the NF shall use the federally required Minimum
Data Set (MDS) form (see https://www.cms.gov/Medicare/Quality-Initiatives-Patient-Assessment-Instruments/NursingHomeQualityInits
/MDS30RAIManual.html). The post-admission evaluation shall be conducted
no later than 14 days after the date of NF admission and promptly after an
individual's significant change [ in his condition ],
as defined in 12VAC30-60-301 [ , in condition ].
C. For individuals who are enrolled in [ a
an ] MCO that is responsible for providing LTSS, the MCO shall
conduct [ ongoing periodic ] evaluations
by qualified MCO staff to ensure the individual continues to meet criteria for
LTSS. [ The MCO shall promptly evaluate the individual after he
experiences a significant change in his condition, as defined in
12VAC30-60-301. ]
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 (12VAC30-60)
Certificate of Medical Necessity -- Durable Medical Equipment
and Supplies, DMAS 352 (rev. 8/95).
Request for Hospice Benefits, DMAS 420 (rev. 1/99).
Screening
for Mental Illness, Mental Retardation/Individuals with Intellectual
Disability, or Related Conditions, DMAS-95 MI/IDD/RC (rev. 12/2015)
Medicaid
Funded Long-Term Services and Supports Authorization Form, DMAS-96 (rev.
12/2015)
Individual
Choice - Institutional Care or Waiver Services Form, DMAS-97 (rev. 8/2012)
Virginia
Uniform Assessment Instrument
Virginia
Uniform Assessment Instrument, DMAS-98 (eff. 2/2016), including:
UAI-A; UAI-B; [ Eligibility Communication
Document; ] Screening for Mental Illness, Mental
Retardation/Intellectual Disability, or Related Conditions; MI/MR Supplemental:
Level II; Medicaid Funded Long-Term Care Service Authorization Form; Individual
Choice - Institutional Care or Waiver Services Form
Community-Based
Care Level of Care Review Instrument, DMAS-99LOC (undated)
[ Technology
Assisted Waiver Adult Referral, DMAS-108 (rev. 9/2016)
Technology
Assisted Waiver Pediatric Referral, DMAS-109 (rev. 12/2016) ]
DOCUMENTS INCORPORATED BY REFERENCE (12VAC30-60)
Department of Medical Assistance Services Provider Manuals (https://www.virginiamedicaid.dmas.virginia.gov/wps/portal/ProviderManuals):
Virginia Medicaid Nursing Home Manual
Virginia Medicaid Rehabilitation Manual
Virginia Medicaid Hospice Manual
Virginia Medicaid School Division Manual
Development of Special Criteria for the Purposes of
Pre-Admission Screening, Medicaid Memo, October 3, 2012, Department of Medical
Assistance Services
Diagnostic and Statistical Manual of Mental Disorders, Fourth
Edition (DSM-IV-TR), copyright 2000, American Psychiatric Association
Patient Placement Criteria for the Treatment of Substance-Related
Disorders (ASAM PPC-2R), Second Edition, copyright 2001, American Society on
Addiction Medicine, Inc.
Medicaid
Memo, Reissuance of the Pre-Admission Screening (PAS) Provider Manual, Chapter
IV, November 22, 2016, Department of Medical Assistance Services
Medicaid Special Memo, Subject: New Service
Authorization Requirement for an Independent Clinical Assessment for Medicaid
and FAMIS Children's Community Mental Health Rehabilitative Services, dated
June 16, 2011, Department of Medical Assistance Services
Medicaid Special Memo, Subject: Changes to
Children Community Mental Health Rehabilitative Services - Children's Services,
July 1, 2010 & September 1, 2010, dated July 23, 2010, Department of
Medical Assistance Services
Medicaid Special Memo, Subject: Changes to
Community Mental Health Rehabilitative Services - Adult-Oriented Services, July
1, 2010 & September 1, 2010, dated July 23, 2010, Department of Medical
Assistance Services
VA.R. Doc. No. R16-4355; Filed July 2, 2018, 4:20 p.m.
TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Emergency Regulation
Title of Regulation: 12VAC30-120. Waivered Services (amending 12VAC30-120-900 through
12VAC30-120-925, 12VAC30-120-930, 12VAC30-120-935, 12VAC30-120-945; repealing
12VAC30-120-1700, 12VAC30-120-1705, 12VAC30-120-1710 through 12VAC30-120-1770).
Statutory Authority: § 32.1-325 of the Code of
Virginia; 42 USC § 1396.
Effective Dates: June 29, 2018, through December 28,
2019.
Agency Contact: Emily McClellan, Regulatory Supervisor,
Policy Division, Department of Medical Assistance Services, 600 East Broad
Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX
(804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.
Preamble:
Section 2.2-4011 B of the Code of Virginia states that agencies
may adopt emergency regulations in situations in which Virginia statutory law
or the appropriation act requires that a regulation be effective in 280 days or
less from its enactment, and the regulation is not exempt under the provisions
of § 2.2-4006 A 4 of the Code of Virginia.
Item 306 JJJ (3) of Chapter 780 of the 2016 Acts of
Assembly directs the Department of Medical Assistance Services (DMAS) to seek
reforms to include all remaining Medicaid populations and services, including
long-term care and home and community-based waiver services, into
cost-effective, managed, and coordinated delivery systems. The act requires
DMAS to promulgate regulations to implement the act to be effective within 280
days of enactment.
The emergency regulations establish Commonwealth
Coordinated Care Plus (CCC Plus). Individuals previously served under the
Elderly and Disabled with Consumer Direction and the Technology Assistance
waivers are included in CCC Plus, which operates under a fully integrated model
across the full continuum of care that includes physical health, behavioral
health, community-based, and institutional services. CCC Plus will operate with
very few carved out services.
Part IX
Elderly or Disabled with Consumer Direction Commonwealth Coordinated Care
Plus Waiver
12VAC30-120-900. Definitions.
The following words and terms when used in this part 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/feeding. An individual's degree of independence in performing these
activities is a part of determining appropriate level of care and service
needs.
"Adult" means an individual who is 21 years of
age or older.
"Adult day health care " or "ADHC" means
long-term maintenance or supportive services offered by a DMAS-enrolled
community-based day care program providing a variety of health, therapeutic,
and social services designed to meet the specialized needs of those waiver
individuals who are elderly or who have a disability and who are at risk of
placement in a nursing facility (NF). The program shall be licensed by the
Virginia Department of Social Services (VDSS) as an adult day care center
(ADCC). The services offered by the center shall be required by the waiver
individual in order to permit the individual to remain in his home rather than
entering a nursing facility. ADHC can also refer to the center where this
service is provided.
"Adult Protective Services" or "APS"
means a program overseen by the Virginia Department for Aging and
Rehabilitative Services that investigates reports of abuse, neglect, and
exploitation of adults 60 years of age and older and incapacitated adults 18
years of age and older and provides services when such persons are found to be
in need of protective services.
"Agency-directed model of service" means a
model of service delivery where an agency is responsible for providing direct
support staff, for maintaining individuals' records, and for scheduling the
dates and times of the direct support staff's presence in the individuals'
homes for personal and respite care.
"Agency provider" means a public or private
organization or entity that holds a Medicaid provider agreement and furnishes
services to individuals using its own employees or subcontractors.
"Americans with Disabilities Act" or
"ADA" means the United States Code pursuant to 42 USC § 12101 et seq.
"Annually" means a period of time covering 365
consecutive calendar days or 366 consecutive days in the case of leap years.
"Appeal" means the process used to challenge
actions regarding services, benefits, and reimbursement provided by Medicaid
pursuant to 12VAC30-110 and 12VAC30-20-500 through 12VAC30-20-560.
"Applicant" means an individual, or
representative on his behalf, who has applied for or is in the process of
applying for and is awaiting a determination of eligibility for admission to
the CCC Plus Waiver.
"Assess" means to evaluate an applicant's or an
individual's condition, including functional status (an individual's degree of
dependence in performing ADLs or IADLs), current medical status, psychosocial
history, and environment. Information is collected from the applicant or
individual; applicant's or individual's representative, family, and medical
professionals as well as the assessor's observation of the applicant or
individual.
"Assessment" means one or more processes that
are used to obtain information about an applicant, including his condition,
personal goals and preferences, functional limitations, health status,
financial status, and other factors that are relevant to the determination of
eligibility for service. An assessment is required for the authorization of and
provision of services; and forms the basis for the development of the plan of
care.
"Assistive technology" or "AT" means
specialized medical equipment and supplies including those devices, controls,
or appliances specified in the plan of care but not available under the State
Plan for Medical Assistance that (i) enable waiver individuals who
are participating in the Money Follows the Person demonstration program
pursuant to Part XX (12VAC30-120-2000 et seq.) to increase their abilities
to perform activities of daily living or ADLs or IADLs and to
perceive, control, or communicate with the environment in which they live,
or that (ii) are necessary to the proper functioning of the
specialized equipment, cost effective, and appropriate for the individual's
assessed medical needs and physical deficits.
"Backup caregiver" means a secondary person who
assumes the role of providing direct care to and support of the waiver
individual in instances of emergencies and in the absence of the primary
caregiver who is unable to care for the individual. The backup caregiver shall
perform the duties needed by the waiver individual without compensation and
shall be trained in the skilled needs and technologies required by the waiver
individual. The backup caregiver shall be identified in the waiver individual's
records.
"Barrier crime" means those crimes as defined at § 32.1-162.9:1
of the Code of Virginia that would prohibit either the employment or the
continuation of employment if a person is found, through a Virginia
State Police criminal record check, to have been convicted of such a
crime.
"CMS" means the Centers for Medicare and Medicaid
Services, which is the unit of the U.S. Department of Health and Human Services
that administers the Medicare and Medicaid programs.
"Child Protective Services" or "CPS" means
a program overseen by the Virginia Department of Social Services that
investigates reports of abuse, neglect, and exploitation of children younger
than 18 years of age and provides services when persons are found to be in need
of protective services.
"Cognitive impairment" means a severe deficit in
mental capability that affects a waiver individual's areas of functioning such
as thought processes, problem solving, judgment, memory, or comprehension that
interferes with such things as reality orientation, ability to care for self,
ability to recognize danger to self or others, or impulse control.
"Commonwealth Coordinated Care Plus Program" or
"CCC Plus" means the DMAS mandatory integrated care initiative for
certain qualifying individuals, including individuals who are dually eligible
for Medicare and Medicaid and individuals receiving long-term services and
supports (LTSS). The CCC Plus program includes individuals who receive services
through nursing facility (NF) care, or from four of the DMAS five home and
community-based services (HCBS) § 1915(c) waivers (the Alzheimer's Assisted
Living (AAL) Waiver individuals are not eligible for the CCC Plus program).
"Congregate living arrangement" means a living
arrangement in which three or fewer waiver individuals live in the same
household and share receipt of health care services from the same provider or
providers.
"Congregate skilled PDN" means skilled in-home
nursing provided to three or fewer waiver individuals in the individuals'
primary residence or a group setting.
"Conservator" means a person appointed by a
court to manage the estate and financial affairs of an incapacitated
individual.
"Consumer-directed attendant" means a person who
provides, via the consumer-directed model of services, personal care, companion
services, or respite care, or any combination of these three services, who is
also exempt from workers' compensation.
"Consumer-directed (CD) model of service" or
"CD model of service" means the model of service delivery for
which the waiver individual enrolled in the waiver or the
individual's employer of record, as appropriate, are is
responsible for hiring, training, supervising, and firing of the person or
persons attendants who actually render the services that are
reimbursed by DMAS.
"Consumer-directed services facilitator,"
"CD services facilitator," or "facilitator" means the
DMAS-enrolled provider who is responsible for supporting the individual and
family/caregiver by ensuring the development and monitoring of the
consumer-directed services plan of care, providing attendant management
training, and completing ongoing review activities as required by DMAS for
consumer-directed personal care and respite services.
"Cost-effective" means the anticipated annual
cost to Medicaid for CCC Plus waiver services shall be less than or equal to
the anticipated annual institutional costs to Medicaid for individuals
receiving care in hospitals or specialized care nursing facilities.
"Day" means, for the purposes of reimbursement, a
24-hour period beginning at 12 a.m. and ending at 11:59 p.m.
"DBHDS" means the Department of Behavioral Health
and Developmental Services.
"Direct marketing" means any of the following: (i)
conducting either directly or indirectly door-to-door, telephonic, or other
"cold call" marketing of services at residences and provider sites;
(ii) using direct mailing; (iii) paying "finders fees"; (iv) offering
financial incentives, rewards, gifts, or special opportunities to eligible
individuals or family/caregivers as inducements to use the providers' services;
(v) providing continuous, periodic marketing activities to the same prospective
individual or family/caregiver, for example, monthly, quarterly, or annual
giveaways as inducements to use the providers' services; or (vi) engaging in
marketing activities that offer potential customers rebates or discounts in
conjunction with the use of the providers' services or other benefits as a
means of influencing the individual's or family/caregiver's use of the
providers' services.
"Direct medical benefit" means services or
supplies that are proper and needed for the diagnosis or treatment of a medical
condition; are provided for the diagnosis, direct care, and treatment of the
condition; and meet the standards of good professional medical practice.
"DMAS" means the Department of Medical Assistance
Services.
"DMAS staff" means persons employed by the
Department of Medical Assistance Services.
"Durable medical equipment and supplies" or
"DME" means those items prescribed by the attending physician,
generally recognized by the medical community as serving a diagnostic or
therapeutic purpose to assist the waiver individual in the completion of
everyday activities, and as being a medically necessary element of the service
plan without regard to whether those items are covered by the State Plan for
Medical Assistance.
"Elderly or Disabled with Consumer Direction
Waiver" or "EDCD Waiver" means the CMS-approved waiver that
covers a range of community support services offered to waiver individuals who
are elderly or who have a disability who would otherwise require a nursing
facility level of care.
"Employer of record" or "EOR" means the
person who performs the functions of the employer in the consumer-directed
model of service delivery. The EOR may be the individual enrolled in the
waiver, a family member, caregiver, or another person.
"Enrollment" means the process where an
individual has been determined to meet the eligibility requirements for a
Medicaid program or service and the approving entity has verified the
availability of services for the individual requesting waiver enrollment and
services.
"Environmental modifications" or "EM"
means physical adaptations to an individual's primary home residence
or primary vehicle or work site, when the work site modification exceeds
reasonable accommodation requirements of the Americans with Disabilities Act
(42 USC § 1201 et seq.), which that are necessary to ensure the
individual's health and, safety, or welfare or that
enable functioning the individual to function with greater
independence and shall be of direct medical or remedial benefit to
individuals who are participating in the Money Follows the Person demonstration
program pursuant to Part XX (12VAC30-120-2000 et seq.) without which the
individual would require institutionalization. Such physical adaptations
shall not be authorized for Medicaid payment when the adaptation is being used
to bring a substandard dwelling up to minimum habitation standards.
"EPSDT" means the Early Periodic Screening,
Diagnosis and Treatment Program administered by DMAS for children younger than
21 years of age according to federal guidelines that prescribe preventive and
treatment services for Medicaid-eligible children as set out in 12VAC30-50-130.
"Fiscal/employer agent" means a state agency or
other entity as determined by DMAS that meets the requirements of 42 CFR
441.484 and the Virginia Public Procurement Act, § 2.2-4300 et seq. of the
Code of Virginia.
"Guardian" means a person appointed by a court to
manage the personal affairs of an incapacitated individual pursuant to Chapter
20 (§ 64.2-2000 et seq.) of Title 64.2 of the Code of Virginia.
"Health, safety, and welfare standard" means,
for the purposes of this waiver, that an individual's right to receive an EDCD
Waiver service is dependent on a determination that the waiver individual needs
the service based on appropriate assessment criteria and a written plan of
care, including having a backup plan of care, that demonstrates medical
necessity and that services can be safely provided in the community or through
the model of care selected by the individual.
"Home and community-based waiver services" or
"waiver services" means the range of community support services
approved by the CMS pursuant to § 1915(c) of the Social Security Act to be
offered to individuals as an alternative to institutionalization.
"Individual" means the person who has applied for
and been approved to receive these waiver services.
"Individual's representative" means a spouse,
legal guardian, adult child, parent of a minor child, or other person chosen by
the member to represent him in matters relating to his care or to function as
the member's primary caregiver as defined in this section.
"Instrumental activities of daily living" 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 service needs.
"Legally responsible person" means one who has a
legal obligation under the provisions of state law to care for and make
decisions for an individual. Legally responsible persons shall include the
parents or legal guardians of minor children.
"Level of care" or "LOC" means the
specification of the minimum amount of assistance an individual requires in
order to receive services in an institutional setting under the State Plan or
to receive waiver services.
"License" means proof of official or legal
permission issued by the government for an entity or person to perform an
activity or service such that, in the absence of an official license, the
entity or person is debarred from performing the activity or service. In
the absence of a license that may be required by either statute or regulation,
the entity or person shall be prohibited from performing the activity or
service for reimbursement by DMAS.
"Licensed Practical Nurse" or "LPN" means
a person who is licensed or holds multi-state licensure to practice nursing
pursuant to Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 of the Code of
Virginia.
"Live-in caregiver" means a personal caregiver
who resides in the same household as the individual who is receiving waiver
services.
"Long-term care" services and
supports" or "LTC" "LTSS" means a
variety of services that help individuals with health or personal care needs
and activities of daily living over a period of time. Long-term care can be
provided in the home, in the community, or in various types of facilities,
including nursing facilities and assisted living facilities.
"Medicaid Long-Term Care (LTC) Services and
Supports (LTSS) Communication Form" or "DMAS-225" means the
form used by the long-term care provider to report information about changes in
an individual's eligibility and financial circumstances.
"Medically necessary" means those services or
specialized medical equipment or supplies that are covered for reimbursement
under either the State Plan for Medical Assistance or in a waiver program that
are reasonable, proper, and necessary for the treatment of an illness, injury,
or deficit; are provided for direct care of the condition or to maintain or
improve the functioning of a malformed body part; and that meet the standards
of good professional medical practice as determined by DMAS.
"Medication monitoring" means an electronic device,
which is only available in conjunction with Personal Emergency Response
Systems personal emergency response systems, that enables certain
waiver individuals who are at risk of institutionalization to be reminded to
take their medications at the correct dosages and times.
"Money Follows the Person" or "MFP"
means the demonstration program, as set out in 12VAC30-120-2000 and
12VAC30-120-2010.
"Monitoring" means the ongoing oversight of the
provision of waiver and other services to determine that they are furnished
according to the waiver individual's plan of care and effectively meet his
needs, thereby assuring his health, safety, and welfare. Monitoring activities
may include telephone contact; observation; interviewing the individual or the
trained individual representative, as appropriate, in person or by telephone;
or interviewing service providers.
"Participating provider" or "provider"
means an entity that meets the standards and requirements set forth by DMAS and
has a current, signed provider participation agreement, including managed
care organizations, with DMAS or a managed care organization that has a
signed contract with DMAS.
"PAS Team" means the entity contracted with DMAS
that is responsible for performing preadmission screening pursuant to §
32.1-330 of the Code of Virginia.
"Patient pay amount" means the portion of the
individual's income that must be paid as his share of the long-term care
services and supports and is calculated by the local department of social
services based on the individual's documented monthly income and permitted
deductions.
"Personal care agency" means a participating
provider that provides personal care services.
"Personal care aide" or "aide" means a
person employed by an agency who provides personal care or unskilled respite
services. The aide shall have successfully completed an educational curriculum
of at least 40 hours of study related to the needs of individuals who are
either elderly or who have disabilities as further set out in 12VAC30-120-935.
Such successful completion may be evidenced by the existence of a certificate
of completion, which is provided to DMAS during provider audits, issued by the
training entity.
"Personal care attendant," or
"attendant," or "PCA" means a person who
provides personal care or respite services that are directed by a consumer,
family member/caregiver, or an employer of record under the CD model
of service delivery.
"Personal care services" or "PC
services" means a range of support services necessary to enable the
waiver individual to remain at or return home rather than enter a nursing
facility and that includes assistance with activities of daily living
(ADLs), instrumental activities of daily living (IADLs) ADLs or IADLs,
access to the community, self-administration of medication, or other
medical needs, supervision, and the monitoring of health status and
physical condition. Personal care services shall be provided by
aides, within the scope of their licenses/certificates, as appropriate, under
through the agency-directed model or by personal care
attendants under the CD consumer-directed model of service delivery.
Personal care services shall be provided by PCAs or attendants within the
scope of their licenses or certifications, as appropriate.
"Personal emergency response system" or
"PERS" means an electronic device and monitoring service that enables
certain waiver individuals, who are at least 14 years of age, at risk of
institutionalization to secure help in an emergency. PERS services shall be
limited to those waiver individuals who live alone or who are alone for
significant parts of the day and who have no regular caregiver for extended
periods of time.
"PERS provider" means a certified home health or a
personal care agency, a durable medical equipment provider, a hospital, or a
PERS manufacturer that has the responsibility to furnish, install, maintain,
test, monitor, and service PERS equipment, direct services (i.e., installation,
equipment maintenance, and services calls), and PERS monitoring. PERS providers
may also provide medication monitoring.
"Plan of care" or "POC" means the written
plan developed collaboratively by the waiver individual and the waiver
individual's family/caregiver, as appropriate, and the provider related solely
to the specific services necessary for the individual to remain in the
community while ensuring his health, safety, and welfare.
"Preadmission screening" means the process to: (i)
evaluate the functional, nursing, and social supports of individuals referred
for preadmission screening for certain long-term care services and
supports requiring NF eligibility; (ii) assist individuals in determining
what specific services the individuals need; (iii) evaluate whether a service
or a combination of existing community services are available to meet the
individuals' needs; and (iv) provide a list to individuals of appropriate
providers for Medicaid-funded nursing facility or home and community-based care
for those individuals who meet nursing facility level of care.
"Preadmission Screening Team" means the entity
contracted with DMAS that is responsible for performing preadmission screening
pursuant to § 32.1-330 of the Code of Virginia.
"Primary caregiver" means the primary person
who consistently assumes the primary role of providing direct care and
support of the waiver individual to live successfully in the community
without receiving compensation for providing such care. Such person's
name, if applicable, shall be documented by the RN or services facilitator in
the waiver individual's record. Waiver individuals are not required to have a
primary caregiver in order to participate in the EDCD waiver.
"Provider agreement" means the contract between
DMAS and a participating provider under which the provider agrees to furnish
services to Medicaid-eligible individuals in compliance with state and federal
statutes and regulations and Medicaid contract requirements.
"Registered nurse" or "RN" means a person
who is licensed or who holds multi-state licensure privilege pursuant to
Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 of the Code of Virginia to
practice nursing.
"Respite care agency" means a participating
provider that renders respite services.
"Respite services" means services provided to
waiver individuals who are unable to care for themselves that are furnished on
a short-term basis because of the absence of or need for the relief of the
unpaid primary caregiver who normally provides the care.
"Service authorization" or "Srv Auth"
means the process of approving either a service for the individual
before it is rendered or reimbursed. The process of approving is done by
DMAS, its service authorization contractor, or a DMAS-designated entity,
for the purposes of reimbursement for a service for the individual before it is
rendered or reimbursed.
"Service authorization contractor" means DMAS or
the entity that has been contracted by DMAS to perform service authorization
for medically necessary Medicaid covered home and community-based services.
"Services facilitation" means a service that
assists the waiver individual (or family/caregiver, as appropriate) in
arranging for, directing, training, and managing services provided through the
consumer-directed model of service.
"Services facilitator" means a DMAS-enrolled
provider or DMAS-designated entity or a person designated by the DMAS
managed care organization contractor or one who is employed or contracted by a
DMAS-enrolled provider that is responsible for supporting the individual
and the individual's family/caregiver or EOR, as appropriate, by ensuring the
development and monitoring of the CD services plans of care, providing employee
management training, and completing ongoing review activities as required by
DMAS for consumer-directed personal care and respite services. Services
facilitator shall be deemed to mean the same thing as consumer-directed
services facilitator.
"Skilled private duty nursing services" or
"skilled PDN" means skilled in-home nursing services listed in the
POC that are (i) not otherwise covered under the State Plan for Medical
Assistance home health benefit; (ii) required to prevent institutionalization;
(iii) provided within the scope of the Commonwealth's Nurse Practice Act and
Drug Control Act (Chapters 30 (§ 54.1-3000 et seq.) and 34 (§ 54.1-3400 et
seq.) of Title 54.1 of the Code of Virginia, respectively); and (iv) provided
by a licensed RN, or by an LPN under the supervision of an RN, to waiver
members who have serious medical conditions or complex health care needs.
Skilled nursing services are to be used as hands-on member care, training,
consultation, as appropriate, and oversight of direct care staff, as
appropriate.
"Skilled respite services" means temporary skilled
nursing services that are provided to waiver individuals who need such services
and that are performed by a LPN or RN for the relief of the unpaid
primary caregiver who normally provides the care.
"State Plan for Medical Assistance" or "State
Plan" means the Commonwealth's legal document approved by CMS identifying
the covered groups, covered services and their limitations, and provider
reimbursement methodologies as provided for under Title XIX of the Social
Security Act.
"Transition coordinator" means the person
defined in 12VAC30-120-2000 who facilitates MFP transition.
"Transition services" means set-up expenses for
individuals as defined at 12VAC30-120-2010.
"VDH" means the Virginia Department of Health.
"VDSS" means the Virginia Department of Social
Services.
"Virginia Uniform Assessment Instrument" or
"UAI" means the standardized multidimensional comprehensive
assessment that is completed by the Preadmission Screening Team or approved
hospital discharge planner that assesses an individual's physical health,
mental health, and psycho/social and functional abilities to determine if the
individual meets the nursing facility level of care.
"Weekly" means a span of time covering seven
consecutive calendar days.
12VAC30-120-905. Waiver description and legal authority.
A. The Elderly or Disabled with Consumer Direction (EDCD)
Commonwealth Coordinated Care Plus (CCC Plus) Waiver operates under the
authority of § 1915(c) of the Social Security Act and 42 CFR 430.25(b),
which permit the waiver of certain State Plan requirements. These federal
statutory and regulatory provisions permit the establishment of Medicaid
waivers to afford the states with greater flexibility to devise different
approaches to the provision of long-term care (LTC) services and
supports. Under this § 1915(c) waiver, DMAS waives
§ 1902(a)(10)(B) and (C) of the Social Security Act related to
comparability of services.
B. This waiver provides Medicaid individuals who are
elderly or who have a disability with supportive services to enable such
individuals to remain in their communities thereby avoiding
institutionalization. CCC Plus Waiver services shall be covered only for
Medicaid-eligible individuals who have been determined eligible for waiver
services and who also require the level of care provided in either a nursing
facility, specialized care nursing facility, or long-stay hospital. These
services shall be the critical service necessary to delay or avoid the
individual's placement in an appropriate facility.
C. Federal waiver requirements provide that the current
aggregate average cost of care fiscal year expenditures under this waiver shall
not exceed the average per capita expenditures in the aggregate for the level
of care (LOC) provided in a nursing facility (NF), specialized care nursing
facility, or long-stay hospital under the State Plan that would have been
provided had the waiver not been granted.
D. DMAS shall be the single state agency authority,
pursuant to 42 CFR 431.10, responsible for the processing and payment of
claims for the services covered in this waiver and for obtaining federal
financial participation from CMS.
E. Payments for EDCD CCC Plus Waiver services
shall not be provided to any financial institution or entity located outside of
the United States pursuant to § 1902(a)(80) of the Social Security Act.
Payments for EDCD CCC Plus Waiver services furnished in another
state shall be (i) provided for an individual who meets the requirements of 42
CFR 431.52 and (ii) limited to the same service limitations that exist when
services are rendered within the Commonwealth's political boundaries. Waiver
services shall not be furnished to covered for Medicaid-eligible
individuals who are inpatients of a hospital, nursing facility (NF),
intermediate care facility for individuals with intellectual disabilities
(ICF/IID), inpatient rehabilitation facility rehabilitation hospitals,
assisted living facility licensed by VDSS that serves five or more
individuals, long-stay hospitals, skilled or intermediate care nursing
facilities, general acute care hospitals, adult foster homes, or a
group home homes licensed by DBHDS.
F. An individual shall not be simultaneously enrolled in more
than one waiver program but may be listed on the waiting list for another
waiver program as long as criteria are met for both waiver programs.
G. DMAS shall be responsible for assuring appropriate
placement of the individual in home and community-based waiver services and shall
have the authority to terminate such services for the individual for the
reasons set out below. providers shall meet the following requirements.
1. Waiver services shall not be reimbursed until the provider
is enrolled and the individual eligibility process is complete.
2. DMAS payment for services under this waiver shall be
considered payment in full and no balance billing by the provider to the waiver
individual, family/caregiver, employer of record (EOR), or any other family
member of the waiver individual shall be permitted.
3. Additional voluntary payments or gifts from family members
shall not be accepted by providers of services.
4. DMAS shall not duplicate services that are required as a
reasonable accommodation as a part of the Americans with Disabilities Act (42
USC §§ 12131 through 12165) or the Rehabilitation Act of 1973 (29 USC § 794). EDCD
CCC Plus Waiver services shall not be authorized if another entity is
required to provide the services, (e.g., schools, insurance) because these
waiver services shall not duplicate payment for services available through
other programs or funding streams.
H. In the case of termination of home and community-based
waiver services by DMAS, individuals shall be notified of their appeal rights
pursuant to 12VAC30-110. DMAS, or the designated Srv Auth service
authorization contractor, or other designated entity shall
have the responsibility and the authority to terminate the receipt of home and
community-based care waiver services by the waiver individual for
any of the following reasons:
1. The home and community-based care waiver
services are no longer the critical alternative to prevent or delay
institutional placement within 30 days;
2. The waiver individual is no longer eligible for Medicaid;
3. The waiver individual no longer meets the NF LOC
criteria required for the waiver;
4. The waiver individual's environment in the community does
not provide for his health, safety, or welfare;
5. The waiver individual does not have a backup plan for
services in the event the provider is unable to provide services; or
6. Any other circumstances (including hospitalization) that
cause services to cease or be interrupted for more than 30 consecutive calendar
days. In such cases, such individuals shall be referred back to the local
department of social services for redetermination of their Medicaid
eligibility.
12VAC30-120-920. Individual eligibility requirements.
A. Home and community-based waiver services shall be
available through a § 1915(c) of the Social Security Act waiver for the
following Medicaid-eligible individuals who have been determined to be eligible
for waiver services and to require the level of care provided in a nursing
facility (NF), long-stay hospital, or specialized care nursing facility:
1. Individuals who are elderly as defined by § 1614 of
the Social Security Act; or
2. Individuals who have a disability as defined by § 1614
of the Social Security Act.
B. The Commonwealth has elected to cover low-income families
with children as described in § 1931 of the Social Security Act; aged, blind,
or disabled individuals who are eligible under 42 CFR 435.121; optional categorically
needy individuals who are aged and disabled who have incomes at 80% of the
federal poverty level; the special home and community-based waiver group under
42 CFR 435.217; and the medically needy groups specified in 42 CFR 435.320,
435.322, 435.324, and 435.330.
1. Under this waiver, the coverage groups authorized under § 1902(a)(10)(A)(ii)(VI)
of the Social Security Act shall be considered as if they were
institutionalized in a NF, specialized care NF, or long-stay hospital
for the purpose of applying institutional deeming rules. All individuals in the
waiver must meet the financial and nonfinancial Medicaid eligibility criteria
and meet the institutional level of care (LOC) criteria. The deeming rules are
applied to waiver eligible individuals as if the individual were residing in an
institution or would require that level of care.
2. Virginia shall reduce its payment for home and
community-based services provided to an individual who is eligible for Medicaid
services under 42 CFR 435.217 by that amount of the waiver individual's total
income (including amounts disregarded in determining eligibility) that remains
after allowable deductions for personal maintenance needs, deductions for other
dependents, and medical needs have been made, according to the guidelines in 42
CFR 435.735 and § 1915(c)(3) of the Social Security Act as amended by the
Consolidated Omnibus Budget Reconciliation Act of 1986. DMAS shall reduce its
payment for home and community-based waiver services by the amount that remains
after the following deductions:
a. For waiver individuals to whom § 1924(d) applies
(Virginia waives the requirement for comparability pursuant to § 1902(a)(10)(B)),
deduct the following in the respective order:
(1) An amount for the maintenance needs of the waiver
individual that is equal to 165% of the SSI income limit for one individual.
Working individuals have a greater need due to expenses of employment;
therefore, an additional amount of income shall be deducted. Earned income
shall be deducted within the following limits: (i) for waiver individuals
employed 20 hours or more per week, earned income shall be disregarded up to a
maximum of both earned and unearned income up to 300% of SSI and (ii) for
waiver individuals employed at least eight but less than 20 hours per week,
earned income shall be disregarded up to a maximum of both earned and unearned
income up to 200% of SSI. However, in no case shall the total amount of income
(both earned and unearned) that is disregarded for maintenance exceed 300% of
SSI. If the waiver individual requires a guardian or conservator who charges a
fee, the fee, not to exceed an amount greater than 5.0% of the waiver
individual's total monthly income, is added to the maintenance needs allowance.
However, in no case shall the total amount of the maintenance needs allowance
(basic allowance plus earned income allowance plus guardianship fees) for the
individual exceed 300% of SSI;
(2) For a waiver individual with only a spouse at home, the
community spousal income allowance is determined in accordance with § 1924(d)
of the Social Security Act;
(3) For an individual with a family at home, an additional
amount for the maintenance needs of the family is determined in accordance with
§ 1924(d) of the Social Security Act; and
(4) Amounts for incurred expenses for medical or remedial care
that are not subject to payment by a third party, including Medicare and other
health insurance premiums, deductibles, or coinsurance charges and necessary
medical or remedial care recognized under the state law but not covered under
the State Plan.
b. For waiver individuals to whom § 1924(d) of the Social
Security Act does not apply, deduct the following in the respective order:
(1) An amount for the maintenance needs of the waiver
individual that is equal to 165% of the SSI income limit for one individual.
Working individuals have a greater need due to expenses of employment;
therefore, an additional amount of income shall be deducted. Earned income
shall be deducted within the following limits: (i) for waiver individuals
employed 20 hours or more, earned income shall be disregarded up to a maximum
of 300% of SSI and (ii) for waiver individuals employed at least eight but less
than 20 hours, earned income shall be disregarded up to a maximum of 200% of
SSI. However, in no case shall the total amount of income (both earned and
unearned) that is disregarded for maintenance exceed 300% of SSI. If the
individual requires a guardian or conservator who charges a fee, the fee, not
to exceed an amount greater than 5.0% of the individual's total monthly income,
is added to the maintenance needs allowance. However, in no case shall the
total amount of the maintenance needs allowance (basic allowance plus earned
income allowance plus guardianship fees) for the individual exceed 300% of SSI;
(2) For an individual with a family at home, an additional
amount for the maintenance needs of the family that shall be equal to the
medically needy income standard for a family of the same size; and
(3) Amounts for incurred expenses for medical or remedial care
that are not subject to payment by a third party including Medicare and other
health insurance premiums, deductibles, or coinsurance charges and necessary
medical or remedial care recognized under state law but not covered under the
State Plan.
C. Assessment and authorization of home and community-based waiver
services.
1. To ensure that Virginia's home and community-based waiver
programs serve only Medicaid eligible individuals who would otherwise be placed
in a NF, specialized care NF, or long-stay hospital, home and
community-based waiver services shall be considered only for individuals who
are eligible for admission within 30 calendar days to a NF the
institution. Home and community-based waiver services shall be the critical
service to enable the individual to remain at home and in the community rather
than being placed in a NF an institution.
2. The individual's eligibility for home and community-based waiver
services shall be determined by the Preadmission Screening PAS
Team or DMAS-enrolled hospital provider after completion of a thorough
assessment of the individual's needs and available support. If an individual
meets NF criteria for a CCC Plus Waiver qualifying institution (NF,
specialized care NF, or long-stay hospital) and in the absence of
community-based waiver services, is at risk of NF institutional
placement within 30 days, the Preadmission Screening PAS Team or
DMAS-enrolled hospital provider shall provide the individual and
family/caregiver with the choice of EDCD CCC Plus Waiver
services, other appropriate services, NF institutional placement,
or Program of All Inclusive Care for the Elderly (PACE) enrollment for people
55 years of age or older, where available and appropriate.
3. The Preadmission Screening PAS Team or
DMAS-enrolled hospital provider shall explore alternative settings or
services to provide the care needed by the individual. If Medicaid-funded home
and community-based care waiver services are selected by the
individual and when such services are determined to be the critical services
necessary to delay or avoid NF placement, the Preadmission Screening PAS
Team or DMAS-enrolled hospital provider shall initiate referrals for such
services.
4. Medicaid shall not pay for any home and community-based care
waiver services delivered prior to the individual establishing Medicaid
eligibility and prior to the date of the preadmission screening by the Preadmission
Screening PAS Team or DMAS-enrolled hospital provider and the
physician signature on the Medicaid Funded Long-Term Care Services
Authorization Form (DMAS-96).
5. Before Medicaid shall assume payment responsibility of home
and community-based waiver services, service authorization must be
obtained from DMAS or the DMAS designated Srv Auth contractor, in accordance
with DMAS policy, entity for all services requiring service
authorization. Providers shall submit all required information to DMAS or the
designated Srv Auth contractor entity within 10 business days of
initiating care or within 10 business days of receiving verification of
Medicaid eligibility from the local department of social services. If the
provider submits all required information to DMAS or the designated Srv Auth
contractor entity within 10 business days of initiating care,
services may be authorized beginning from the date the provider initiated
services but not preceding the date of the physician's signature on the DMAS 96
form. If the provider does not submit all required information to DMAS or the
designated Srv Auth contractor entity within 10 business days of
initiating care, the services may be authorized beginning with the date all
required information was received by DMAS or the designated Srv Auth contractor
entity, but in no event preceding the date of the physician's signature
on the DMAS-96 form.
6. Once waiver eligibility has been determined by the Preadmission
Screening PAS Team or DMAS-enrolled hospital provider and
referrals have been initiated, the provider shall submit a Medicaid LTC LTSS
Communication Form (DMAS-225) to the local department of social services to
determine financial eligibility for the waiver program and any patient pay
responsibilities. If the waiver individual who is receiving EDCD CCC
Plus Waiver services has a patient pay amount, a provider shall use the
electronic patient pay process for the required monthly monitoring of relevant
changes. Local departments of social services shall enter data regarding a
waiver individual's patient pay amount obligation into the Medicaid Management
Information System (MMIS) at the time action is taken on behalf of the
individual either as a result of an application for LTC services LTSS,
redetermination of eligibility, or reported change or changes in a waiver
individual's situation. Procedures for the verification of a waiver
individual's patient pay obligation are available in the appropriate Medicaid
provider manual or manual from the designated entity.
7. After the provider has received notification via the
DMAS-225 process by the local department of social services and enrollment
confirmation from DMAS or the designated Srv Auth contractor entity,
the provider shall inform the individual or family/caregiver so that services
may be initiated.
8. The provider shall be responsible for notifying the local
department of social services via the DMAS-225 when there is an interruption of
services for 30 consecutive calendar days or upon discharge from the provider's
services.
9. Home and community-based care waiver services
shall not be offered or provided to any individual who resides in a NF, an
ICF/IID, specialized care NF, a long-stay hospital, an assisted
living facility licensed by VDSS that serves five or more individuals, or
a group home licensed by DBHDS. Transition coordination and transition
services may be available to individuals residing in some settings as approved
by CMS through the Money Follows the Person demonstration program.
10. Certain home and community-based waiver services
shall not be available to individuals residing in an assisted living facility
licensed by VDSS that serves four or fewer individuals. These services are:
respite, PERS, ADHC, environmental modifications and transition
services. Personal care services shall be covered for individuals living
in these facilities but shall be limited to personal care not to exceed five
hours per day. Personal care services shall be authorized based on the waiver
individual's documented need for care over and above that provided by the
facility.
11. Individuals who are receiving Auxiliary Grants shall not
be eligible for EDCD CCC Plus enrollment or services.
12. Individuals who are receiving skilled PDN waiver
services shall have a trained primary caregiver who accepts responsibility for
the individual's health, safety, and welfare. This primary caregiver shall be
responsible for all hours not provided by an RN or an LPN. The name of the
trained primary caregiver shall be documented in the provider agency records.
This trained primary caregiver shall also have a back-up system available in
emergency situations.
D. Waiver individual responsibilities under the
consumer-directed (CD) model.
1. The individual shall be authorized for CD services and the
EOR shall successfully complete consumer employee management training performed
by the CD services facilitator before the waiver individual/EOR shall be
permitted to hire a personal care attendant for Medicaid reimbursement. Any
services rendered by an attendant prior to dates authorized by Medicaid shall
not be eligible for reimbursement by Medicaid. Individuals who are
eligible for CD services shall have the capability to hire and train their own
personal care attendants and supervise the attendants' performance including,
but not limited to, creating and maintaining complete and accurate timesheets.
Individuals may have a family member, caregiver, or another person serve as the
EOR on their behalf.
2. The person who serves as the EOR on behalf of the waiver
individual shall not be permitted to be (i) the paid attendant for respite
services or personal care services or (ii) the services facilitator.
3. Individuals will acknowledge that they will not knowingly
continue to accept CD personal care services when the service is no longer
appropriate or necessary for their care needs and shall inform the services
facilitator. If CD services continue after services have been terminated by
DMAS or the designated Srv Auth contractor entity, the waiver
individual shall be held liable for attendant compensation.
4. Individuals shall notify the CD services facilitator of all
hospitalizations and admission to any rehabilitation facility, rehabilitation
unit, or NF. Failure to do so may result in the waiver individual being liable
for employee compensation.
E. Waiver individuals' rights and responsibilities. DMAS
shall ensure that:
1. Each waiver individual shall receive, and the provider
and provider staff shall provide, the necessary care and services, to the
extent of provider availability, to attain or maintain the highest practicable
physical, mental, and psychosocial well-being, in accordance with the
individual's comprehensive assessment and POC.
2. Waiver individuals shall have the right to receive
services from the provider with reasonable accommodation of the individuals'
needs and preferences except when DMAS makes a determination that the health,
safety, or welfare of the individuals or other waiver individuals would be
endangered.
3. Waiver individuals formulate their own advance
directives based on information that providers must give to adult waiver
individuals at the time of their admissions to services.
4. All waiver individuals shall have the right to:
a. Voice grievances to the provider or provider staff
without discrimination or reprisal. Such grievances include those with respect
to treatment that has been furnished or has not been furnished;
b. Prompt efforts by the provider or staff, as appropriate,
to resolve any grievances the waiver individual may have;
c. Be free from verbal, sexual, physical, and mental abuse,
neglect, exploitation, and misappropriation of property;
d. Be free from any physical or chemical restraints of any
form that may be used as a means of coercion, discipline, convenience, or
retaliation and that are not required to treat the individual's medical
symptoms; and
e. Their privacy and confidentiality of their medical and
clinical records.
5. Waiver individuals shall be provided by their health
care providers, at the time of their admission to this waiver, with written
information regarding their rights to participate in medical care decisions,
including the right to accept or refuse medical treatment and the right to
formulate advance directives.
6. The legally competent waiver individual, the waiver
individual's legal guardian, or the parent of the minor child shall have the
right to:
a. Choose whether the individual wishes to receive home and
community-based care waiver services instead of institutionalization in
accordance with the assessed needs of the individual. The PAS Team shall inform
the individual of all available waiver service providers in the community in
which the waiver individual resides. The waiver individual shall have the
option of selecting the provider and services of his choice. This choice must
be documented in the individual's medical record;
b. Choose his own primary care physician in the community
in which he lives;
c. Be fully informed in advance about the waiver POC and
treatment needs as well as any changes in that care or treatment that may
affect the individual's well-being; and
d. Participate in the care planning process, choice, and
scheduling of providers and services.
12VAC30-120-924. Covered services; limits on covered services.
A. Covered services in the EDCD CCC Plus Waiver
shall include are as follows: adult day health care, personal
care (both consumer-directed and agency-directed), respite services (both
consumer-directed and agency-directed), PERS, PERS medication monitoring, limited
services facilitation, skilled private duty nursing, assistive
technology, limited environmental modifications, transition
coordination, and transition services.
1. The services covered in this waiver shall be appropriate
and medically necessary to maintain the individual in the community in order to
prevent institutionalization and shall be cost effective in the aggregate as
compared to the alternative NF institutional placement.
2. EDCD CCC Plus Waiver services shall not be
authorized if another entity is required to provide the services (e.g.,
schools, insurance). Waiver services shall not duplicate services available
through other programs or funding streams.
3. Assistive technology and environmental modification
services shall be available only to those EDCD Waiver individuals who are also
participants in the Money Follows the Person (MFP) demonstration program
pursuant to Part XX (12VAC30-120-2000 et seq.).
4. 3. An individual receiving EDCD CCC
Plus Waiver services who is also getting hospice care may receive
Medicaid-covered personal care (agency-directed and consumer-directed), respite
care (agency-directed and consumer-directed), services facilitation, skilled
private duty nursing, adult day health care, transition services, transition
coordination, and PERS services, regardless of whether the hospice provider
receives reimbursement from Medicare or Medicaid for the services covered under
the hospice benefit. Such dual waiver/hospice individuals shall only be able
to receive assistive technology and environmental modifications if they are
also participants in the MFP demonstration program.
B. Voluntary/involuntary disenrollment from consumer-directed
services. In either voluntary or involuntary disenrollment situations, the
waiver individual shall be permitted to select an agency from which to receive
his agency-directed personal care and respite services.
1. A waiver individual may be found to be ineligible for CD services
by either the Preadmission Screening PAS Team, DMAS-enrolled
hospital provider, DMAS, its designated agent, or the CD services
facilitator. An individual may not begin or continue to receive CD services if
there are circumstances where the waiver individual's health, safety, or
welfare cannot be assured, including but not limited to:
a. It is determined that the waiver individual cannot be the
EOR and no one else is able to assume this role;
b. The waiver individual cannot ensure his own health, safety,
or welfare or develop an emergency backup plan that will ensure his health,
safety, or welfare; or
c. The waiver individual has medication or skilled nursing
needs or medical or behavioral conditions that cannot be met through CD
services or other services.
2. The waiver individual may be involuntarily disenrolled from
consumer direction if he or the EOR, as appropriate, is consistently unable to
retain or manage the attendant as may be demonstrated by, but not necessarily
limited to, a pattern of serious discrepancies with the attendant's timesheets.
3. In situations where either (i) the waiver individual's
health, safety, or welfare cannot be assured or (ii) attendant timesheet
discrepancies are known, the services facilitator shall assist as requested
with the waiver individual's transfer to agency-directed services as follows:
a. Verify that essential training has been provided to the
waiver individual or EOR;
b. Document, in the waiver individual's case record,
the conditions creating the necessity for the involuntary disenrollment and
actions taken by the services facilitator;
c. Discuss with the waiver individual or the EOR, as
appropriate, the agency-directed option that is available and the actions
needed to arrange for such services and offer choice of potential providers,
and
d. Provide written notice to the waiver individual of the
right to appeal such involuntary termination of consumer direction. Such notice
shall be given at least 10 calendar days prior to the effective date of
this change. In cases when the individual's or the provider personnel's safety
may be in jeopardy, the 10 calendar days notice shall not apply.
C. Adult day health care (ADHC) services. ADHC services shall
only be offered to waiver individuals who meet preadmission screening criteria
as established in 12VAC30-60-303 and 12VAC30-60-307 12VAC30-60-313
and for whom ADHC services shall be an appropriate and medically necessary
alternative to institutional care. ADHC services may be offered to individuals
in a VDSS-licensed adult day care center (ADCC) congregate setting. ADHC may be
offered either as the sole home and community-based care waiver
service or in conjunction with personal care (either agency-directed or
consumer-directed), respite care (either agency-directed or consumer-directed),
or PERS. A multi-disciplinary approach to developing, implementing, and
evaluating each waiver individual's POC shall be essential to quality ADHC
services.
1. ADHC services shall be designed to prevent
institutionalization by providing waiver individuals with health care services,
maintenance of their physical and mental conditions, and coordination of
rehabilitation services in a congregate daytime setting and shall be tailored
to their unique needs. The minimum range of services that shall be made
available to every waiver individual shall be: assistance with ADLs, nursing
services, coordination of rehabilitation services, nutrition, social services,
recreation, and socialization services.
a. Assistance with ADLs shall include supervision of the
waiver individual and assistance with management of the individual's POC.
b. Nursing services shall include the periodic evaluation, at
least every 90 days, of the waiver individual's nursing needs; provision of
indicated nursing care and treatment; responsibility for monitoring, recording,
and administering prescribed medications; supervision of the waiver individual
in self-administered medication; support of families in their home care efforts
for the waiver individuals through education and counseling; and helping
families identify and appropriately utilize health care resources. Periodic
evaluations may occur more frequently than every 90 days if indicated by the
individual's changing condition. Nursing services shall also include the
general supervision of provider staff, who are certified through the Board of
Nursing, in medication management and administering medications.
c. Coordination and implementation of rehabilitation services
to ensure the waiver individual receives all rehabilitative services deemed
necessary to improve or maintain independent functioning, to include physical
therapy, occupational therapy, and speech therapy.
d. Nutrition services shall be provided to include, but not
necessarily be limited to, one meal per day that meets the daily nutritional
requirements pursuant to 22VAC40-60-800. Special diets and nutrition counseling
shall be provided as required by the waiver individuals.
e. Recreation and social activities shall be provided that are
suited to the needs of the waiver individuals and shall be designed to
encourage physical exercise, prevent physical and mental deterioration, and
stimulate social interaction.
f. ADHC coordination shall involve implementing the waiver
individuals' POCs, updating such plans, recording 30-day progress notes, and
reviewing the waiver individuals' daily logs each week.
2. Limits on covered ADHC services.
a. A day of ADHC services shall be defined as a minimum of six
hours.
b. ADCCs that do not employ professional nursing staff on site
shall not be permitted to admit waiver individuals who require skilled nursing
care to their centers. Examples of skilled nursing care may include: (i) tube
feedings; (ii) Foley catheter irrigations; (iii) sterile dressing changing; or
(iv) any other procedures that require sterile technique. The ADCC shall not
permit its aide employees to perform skilled nursing procedures.
c. At any time that the center is no longer able to provide
reliable, continuous care to any of the center's waiver individuals for the
number of hours per day or days per week as contained in the individuals' POCs,
then the center shall contact the waiver individuals or family/caregivers, as
appropriate, to initiate other care arrangements for these individuals. The
center may either subcontract with another ADCC or may transfer the waiver
individual to another ADCC. The center may discharge waiver individuals from
the center's services but not from the waiver. Written notice of discharge
shall be provided, with the specific reason or reasons for discharge, at least
10 calendar days prior to the effective date of the discharge. In cases when
the individual's or the center personnel's safety may be jeopardy, the 10
calendar days notice shall not apply.
d. ADHC services shall not be provided, for the purpose of
Medicaid reimbursement, to individuals who reside in NFs, ICFs/IID nursing
facilities, intermediate care facilities for individuals with intellectual
disabilities, hospitals, assisted living facilities that are licensed by
VDSS, or group homes that are licensed by DBHDS.
D. Agency-directed personal care services. Agency-directed
personal care services shall only be offered to persons who meet the
preadmission screening criteria at 12VAC30-60-303 and 12VAC30-60-307 12VAC30-60-313
and for whom it shall be an appropriate alternative to institutional care.
Agency-directed personal care services shall be comprised of hands-on care of
either a supportive or health-related nature and shall include, but shall not
necessarily be limited to, assistance with ADLs, access to the community,
assistance with medications in accordance with VDH licensing requirements or
other medical needs, supervision, and the monitoring of health status and
physical condition. Where the individual requires assistance with ADLs, and
when specified in the POC, such supportive services may include assistance with
IADLs. This service shall not include skilled nursing services with the
exception of skilled nursing tasks (e.g., catheterization) that may be
delegated pursuant to Part VIII (18VAC90-20-420 VI (18VAC90-19-240
through 18VAC90-20-460) 18VAC90-19-280) of 18VAC90-20 18VAC90-19.
Agency-directed personal care services may be provided in a home or community
setting to enable an individual to maintain the health status and functional
skills necessary to live in the community or participate in community
activities. Personal care may be offered either as the sole home and
community-based care waiver service or in conjunction with adult
day health care, respite care (agency-directed or consumer-directed), or PERS.
The provider shall document, in the individual's medical record, the waiver
individual's choice of the agency-directed model.
1. Criteria. In order to qualify for this service, the waiver
individual shall have met the NF LOC criteria as set out in
12VAC30-60-303 and 12VAC30-60-307 12VAC30-60-313 as documented on
the UAI assessment form, and for whom it shall be an appropriate alternative to
institutional care.
a. A waiver individual may receive both CD and agency-directed
personal care services if the individual meets the criteria. Hours received by
the individual who is receiving both CD and agency-directed services shall not
exceed the total number of hours that would be needed if the waiver individual
were receiving personal care services through a single delivery model.
b. CD and agency-directed services shall not be simultaneously
provided but may be provided sequentially or alternately from each other.
c. The individual or family/caregiver shall have a backup plan
for the provision of services in the event the agency is unable to provide an
aide.
2. Limits on covered agency-directed personal care services.
a. DMAS shall not duplicate services that are required as a
reasonable accommodation as a part of the Americans with Disabilities Act (42
USC §§ 12131 through 12165) or the Rehabilitation Act of 1973 (29 USC § 794).
b. DMAS or its contractor shall reimburse for services
delivered, consistent with the approved POC, for personal care that the
personal care aide provides to the waiver individual to assist him while he is
at work or postsecondary school.
(1) DMAS or the designated Srv Auth contractor entity
shall review the waiver individual's needs and the complexity of the
disability, as applicable, when determining the services that are provided to
him in the workplace or postsecondary school or both.
(2) DMAS shall not pay for the personal care aide to assist
the enrolled waiver individual with any functions or tasks related to the
individual completing his job or postsecondary school functions or for
supervision time during either work or postsecondary school or both.
c. Supervision services shall only be authorized to ensure the
health, safety, or welfare of the waiver individual who cannot be left alone at
any time or is unable to call for help in case of an emergency, and when there
is no one else in the home competent and able to call for help in case of an
emergency.
d. There shall be a maximum limit of eight hours per 24-hour
day for supervision services. Supervision services shall be documented in the
POC as needed by the individual.
e. Agency-directed personal care services shall be limited to
56 hours of services per week for 52 weeks per year. Individual exceptions may
be granted based on criteria established by DMAS.
f. Due to the complex medical needs of waiver individuals
requiring skilled PDN services and the need for 24-hour supervision, the
trained primary caregiver shall be present in the home and shall render the
required skilled services during the entire time that the aide is providing
unskilled care.
g. Agency-directed personal care services shall not be
available to waiver individuals younger than 21 years of age. Personal care
services for individuals younger than 21 shall be accessed through the EPSDT
benefit.
E. Agency-directed respite services. Agency-directed respite
care services shall only be offered to waiver individuals who meet the
preadmission screening criteria at 12VAC30-60-303 and 12VAC30-60-307 12VAC30-60-313
and for whom it shall be an appropriate alternative to institutional care.
Agency-directed respite care services may be either skilled nursing respite
or unskilled care and shall be comprised of hands-on care of either a
supportive or health-related nature and may include, but shall not be limited
to, assistance with ADLs, access to the community, assistance with medications
in accordance with VDH licensing requirements or other medical needs,
supervision, and monitoring health status and physical condition. Skilled
respite shall include skilled nursing care ordered on the physician-certified
POC.
1. Respite care shall only be offered to individuals who have
an unpaid primary caregiver who requires temporary relief to avoid
institutionalization of the waiver individual. Respite care services may be
provided in the individual's home or other community settings.
2. When the individual requires assistance with ADLs, and
where such assistance is specified in the waiver individual's POC, such
supportive services may also include assistance with IADLs.
3. The unskilled care portion of this Unskilled respite
service shall not include skilled nursing services with the exception of
skilled nursing tasks (e.g., catheterization) that may be delegated pursuant to
Part VIII (18VAC90-20-420 VI (18VAC90-19-240 through 18VAC90-20-460)
18VAC90-19-280) of 18VAC90-20 18VAC90-19.
4. Skilled respite care
services.
a. This service shall be provided by skilled nursing staff
licensed to practice in the Commonwealth under the direct supervision of a
licensed, certified, or accredited home health agency with which DMAS has a
provider agreement to provide skilled PDN. Direct supervision means that the
supervising registered nurse (RN) is immediately accessible by telephone to the
RN, LPN, or personal care aide who is delivering waiver-covered services to
individuals.
b. Skilled respite care services shall be comprised of both
skilled and hands-on care of either a supportive or health-related nature and
may include all skilled nursing care as ordered on the physician-certified POC,
assistance with ADLs or IADLs, administration of medications or other medical
needs, and monitoring of the health status and physical condition of
individuals.
c. When skilled respite services are offered in conjunction
with skilled PDN, the same individual record may be used with a separate section
for skilled respite services documentation. This documentation must be clearly
labeled as distinct from skilled PDN services.
d. Individuals who have congregate living arrangements
shall be permitted to share skilled respite care service providers. The same
limits on this service in the congregate setting (480 hours per calendar year
per household) shall apply regardless of the type of waiver.
4. 5. Limits on service.
a. The unit of service shall be one hour. Respite services
shall be limited to 480 hours per individual per state fiscal year, to be
service authorized. If an individual changes waiver programs, this same maximum
number of respite hours shall apply. No additional respite hours beyond the 480
maximum limit shall be approved for payment for individuals who change waiver
programs. Additionally, individuals who are receiving respite services in this
waiver through both the agency-directed and CD models shall not exceed 480
hours per state fiscal year combined.
b. If agency-directed respite service is the only service
received by the waiver individual, it must be received at least as often as
every 30 days. If this service is not required at this minimal level of
frequency, then the provider agency shall notify the local department of social
services for its redetermination of eligibility for the waiver individual.
c. The individual or family/caregiver shall have a backup plan
for the provision of services in the event the agency is unable to provide an
aide.
F. Services facilitation for consumer-directed services.
Consumer-directed personal care and respite care services shall only be offered
to persons who meet the preadmission screening criteria at 12VAC30-60-303 and 12VAC30-60-307
12VAC30-60-313 and for whom there shall be appropriate alternatives to
institutional care.
1. Individuals who choose CD services shall receive support
from a DMAS-enrolled CD services facilitator or a provider designated by the
managed care organization contractor as required in conjunction with CD
services. The services facilitator shall document the waiver individual's
choice of the CD model and whether there is a need for another person to serve
as the EOR on behalf of the individual. The CD services facilitator shall be
responsible for assessing the waiver individual's particular needs for a
requested CD service, assisting in the development of the POC, providing
training to the EOR on his responsibilities as an employer, and for providing
ongoing support of the CD services.
2. Individuals who are eligible for CD services shall have, or
have an EOR who has, the capability to hire and train the personal care
attendant or attendants and supervise the attendant's performance, including
approving the attendant's timesheets.
a. If a waiver individual is unwilling or unable to direct his
own care or is younger than 18 years of age, a family/caregiver/designated
person shall serve as the EOR on behalf of the waiver individual in order to
perform these supervisory and approval functions.
b. Specific employer duties shall include checking references
of personal care attendants and determining that personal care attendants meet
qualifications.
3. The individual or family/caregiver shall have a backup plan
for the provision of services in case the attendant does not show up for work
as scheduled or terminates employment without prior notice.
4. The CD services facilitator shall not be the waiver
individual, a CD attendant, a provider of other Medicaid-covered services,
spouse of the individual, parent (natural, adoptive, step, or foster parent)
of the individual who is a minor child, or the EOR who is employing the CD
attendant.
5. DMAS shall either provide for fiscal employer/agent
services or contract for the services of a fiscal employer/agent for CD
services. The fiscal employer/agent shall be reimbursed by DMAS or DMAS
contractor (if the fiscal/employer agent service is contracted) to perform
certain tasks as an agent for the EOR. The fiscal employer/agent shall handle
responsibilities for the waiver individual including, but not limited to,
employment taxes and background checks for attendants. The fiscal
employer/agent shall seek and obtain all necessary authorizations and approvals
of the Internal Revenue Service in order to fulfill all of these duties.
G. Consumer-directed personal care services. CD personal care
services shall be comprised of hands-on care of either a supportive or
health-related nature and shall include assistance with ADLs and may include,
but shall not be limited to, access to the community, monitoring of
self-administered medications or other medical needs, supervision, and
monitoring health status and physical condition. Where the waiver individual
requires assistance with ADLs and when specified in the POC, such supportive
services may include assistance with IADLs. This service shall not include
skilled nursing services with the exception of skilled nursing tasks (e.g.,
catheterization) that may be delegated pursuant to Part VIII (18VAC90-20-420
VI (18VAC90-19-240 through 18VAC90-20-460) 18VAC90-19-280)
of 18VAC90-20 18VAC90-19 and as permitted by Chapter 30 (§
54.1-3000 et seq.) of Title 54.1 of the Code of Virginia. CD personal care
services may be provided in a home or community setting to enable an individual
to maintain the health status and functional skills necessary to live in the
community or participate in community activities. Personal care may be offered
either as the sole home and community-based waiver service or in
conjunction with adult day health care, respite care (agency-directed or
consumer-directed), or PERS.
1. In order to qualify for this service, the waiver individual
shall have met the NF LOC criteria as set out in 12VAC30-60-303 and 12VAC30-60-307
12VAC30-60-313 as documented on the UAI assessment instrument, and for
whom it shall be an appropriate alternative to institutional care.
a. A waiver individual may receive both CD and agency-directed
personal care services if the individual meets the criteria. Hours received by
the waiver individual who is receiving both CD and agency-directed services
shall not exceed the total number of hours that would be otherwise authorized
had the individual chosen to receive personal care services through a single
delivery model.
b. CD and agency-directed services shall not be simultaneously
provided but may be provided sequentially or alternately from each other.
2. Limits on covered CD personal care services.
a. DMAS shall not duplicate services that are required as a
reasonable accommodation as a part of the Americans with Disabilities Act (42
USC §§ 12131 through 12165) or the Rehabilitation Act of 1973 (29 USC § 794).
b. There shall be a limit of eight hours per 24-hour day for
supervision services included in the POC. Supervision services shall be
authorized to ensure the health, safety, or welfare of the waiver individual
who cannot be left alone at any time or is unable to call for help in case of
an emergency, and when there is no one else in the home who is competent and
able to call for help in case of an emergency.
c. Consumer-directed personal care services shall be limited
to 56 hours of services per week for 52 weeks per year. Individual exceptions
may be granted based on criteria established by DMAS set forth in
12VAC30-120-927.
d. Due to the complex medical needs of waiver individuals
requiring skilled PDN services and the need for 24-hour supervision, the
trained primary caregiver shall be present in the home and shall render the
required skilled services during the entire time that the aide is providing
unskilled care.
3. CD personal care services at work or school shall be
limited as follows:
a. DMAS or its contractor shall reimburse for services
delivered, consistent with the approved POC, for CD personal care that the
attendant provides to the waiver individual to assist him while he is at work
or postsecondary school or both.
b. DMAS or the designated Srv Auth contractor entity
shall review the waiver individual's needs and the complexity of the
disability, as applicable, when determining the services that will be provided
to him in the workplace or postsecondary school or both.
c. DMAS shall not pay for the personal care attendant to
assist the waiver individual with any functions or tasks related to the
individual completing his job or postsecondary school functions or for
supervision time during work or postsecondary school or both.
d. Consumer-directed personal care services shall not be
available to waiver individuals younger than 21 years of age. Personal care
services for individuals younger than 21 shall be accessed through the EPSDT
benefit.
H. Consumer-directed respite services. CD respite care
services are unskilled care and shall be comprised of hands-on care of either a
supportive or health-related nature and may include, but shall not be limited
to, assistance with ADLs, access to the community, monitoring of
self-administration of medications or other medical needs, supervision,
monitoring health status and physical condition, and personal care services in
a work environment.
1. In order to qualify for this service, the waiver individual
shall have met the NF CCC Plus LOC criteria as set out in
12VAC30-60-303 and 12VAC30-60-307 12VAC30-60-313 as documented on
the UAI assessment instrument, and for whom it shall be an appropriate
alternative to institutional care.
2. CD respite services shall only be offered to individuals
who have an unpaid primary caregiver who requires temporary relief to avoid
institutionalization of the waiver individual. This service shall be provided
in the waiver individual's home or other community settings.
3. When the waiver individual requires assistance with ADLs,
and where such assistance is specified in the individual's POC, such supportive
services may also include assistance with IADLs.
4. Limits on covered CD respite care services.
a. The unit of service shall be one hour. Respite services
shall be limited to 480 hours per waiver individual per state fiscal year. If a
waiver individual changes waiver programs, this same maximum number of respite
hours shall apply. No additional respite hours beyond the 480 maximum limit
shall be approved for payment. Individuals who are receiving respite services
in this waiver through both the agency-directed and CD models shall not exceed
480 hours per state fiscal year combined.
b. CD respite care services shall not include skilled nursing
services with the exception of skilled nursing tasks (e.g., catheterization)
that may be delegated pursuant to Part VIII (18VAC90-20-420 VI
(18VAC90-19-240 through 18VAC90-20-460) 18VAC90-19-280) of 18VAC90-20
18VAC90-19 and as permitted by Chapter 30 (§ 54.1-3000 et seq.) of Title
54.1 of the Code of Virginia).
c. If consumer-directed respite service is the only service
received by the waiver individual, it shall be received at least as often as
every 30 days. If this service is not required at this minimal level of
frequency, then the services facilitator shall refer the waiver individual to
the local department of social services for its redetermination of eligibility
for the waiver individual.
I. Personal emergency response system (PERS).
1. Service description. PERS is a service that monitors waiver
individual safety in the home and provides access to emergency assistance for
medical or environmental emergencies through the provision of a two-way voice
communication system that dials a 24-hour response or monitoring center upon
activation and via the individual's home telephone line or system. PERS may
also include medication monitoring devices.
a. PERS may be authorized only when there is no one else in
the home with the waiver individual who is competent or continuously available
to call for help in an emergency or when the individual is in imminent danger.
b. The use of PERS equipment shall not relieve the backup
caregiver of his responsibilities.
c. Service units and service limitations.
(1) PERS shall be limited to waiver individuals who are ages
14 years and older who also either live alone or are alone for significant
parts of the day and who have no regular caregiver for extended periods of
time. PERS shall only be provided in conjunction with receipt of personal care
services (either agency-directed or consumer-directed), respite services
(either agency-directed or consumer-directed), or adult day health care. A
waiver individual shall not receive PERS if he has a cognitive impairment as
defined in 12VAC30-120-900.
(2) A unit of service shall include administrative costs,
time, labor, and supplies associated with the installation, maintenance,
monitoring, and adjustments of the PERS. A unit of service shall be the
one-month rental price set by DMAS in its fee schedule. The one-time installation
of the unit shall include installation, account activation, individual and
family/caregiver instruction, and subsequent removal of PERS equipment when it
is no longer needed.
(3) PERS services shall be capable of being activated by a
remote wireless device and shall be connected to the waiver individual's
telephone line or system. The PERS console unit must provide hands-free
voice-to-voice communication with the response center. The activating device
must be (i) waterproof, (ii) able to automatically transmit to the response
center an activator low battery alert signal prior to the battery losing power,
(iii) able to be worn by the waiver individual, and (iv) automatically reset by
the response center after each activation, thereby ensuring that subsequent
signals can be transmitted without requiring manual resetting by the waiver
individual.
(4) All PERS equipment shall be approved by the Federal
Communications Commission and meet the Underwriters' Laboratories, Inc. (UL)
safety standard.
(5) Medication monitoring units shall be physician ordered. In
order to be approved to receive the medication monitoring service, a waiver
individual shall also receive PERS services. Physician orders shall be
maintained in the waiver individual's record. In cases where the medical
monitoring unit must be filled by the provider, the person who is filling the
unit shall be either an RN or an LPN. The units may be filled as frequently as
a minimum of every 14 days. There must be documentation of this action in the
waiver individual's record.
J. Transition coordination and transition services.
Transition coordination and transition services, as defined at 12VAC30-120-2000
and 12VAC30-120-2010, provide for applicants to move from institutional
placements or licensed or certified provider-operated living arrangements to
private homes or other qualified settings. The applicant's transition from an
institution to the community shall be coordinated by the facility's discharge
planning team. The discharge planner shall coordinate with the transition
coordinator to ensure that EDCD CCC Plus Waiver eligibility
criteria shall be met.
1. Transition coordination and transition services
shall be authorized by DMAS or its designated agent in order for reimbursement
to occur.
2. For the purposes of transition services, an institution
must meet the requirements as specified by CMS in the Money Follows the Person
demonstration program at http://www.ssa.gov/OP_Home/comp2/F109-171.html#ft262.
3. Transition coordination shall be authorized for a
maximum of 12 consecutive months upon discharge from an institutional placement
and shall be initiated within 30 days of discharge from the institution.
4. 3. Transition coordination and transition
services shall be provided in conjunction with personal care (agency-directed
or consumer-directed), respite (agency-directed or consumer-directed), skilled
private duty nursing, or adult day health care services.
4. Transition services may be provided by DMAS enrolled
area agencies on aging, centers for independent living, and local departments
of social services.
K. Assistive technology (AT).
1. Service description. Assistive technology (AT), as defined
in 12VAC30-120-900, shall only be available to waiver individuals who are
participating in the MFP program pursuant to Part XX (12VAC30-120-2000 et
seq.). be portable and shall be authorized per calendar year. AT
services are the specialized medical equipment and supplies, including those
devices, controls, or appliances, specified in the individual's plan of care,
but that are not available under the State Plan for Medical Assistance, that
enable waiver individuals to increase their abilities to perform ADLs or IADLs,
or to perceive, control, or communicate with the environment in which they
live.
2. In order to qualify for these services, the individual
shall have a demonstrated need for specialized medical equipment and
supplies for remedial or direct medical benefit primarily in an individual's
primary home, primary vehicle used by the individual, community activity
setting, or day program to specifically serve to improve the individual's
personal functioning. This shall encompass those items not otherwise covered
under the State Plan for Medical Assistance. AT shall be covered in the least
expensive, most cost-effective manner.
3. AT services shall be available for enrolled waiver
individuals who have a demonstrated need for equipment for remedial or direct
medical benefit. This service includes ancillary supplies and equipment
necessary to the proper functioning of such items.
3. 4. Service
units and service limitations.
a. All requests for AT shall be made by the transition
coordinator to DMAS or the Srv Auth contractor. The cost for AT shall
not be carried over from one calendar year to the next. Each item must be
service authorized by either DMAS or the DMAS designated entity for each
calendar year.
b. The maximum funded expenditure per individual for all AT
covered procedure codes (combined total of AT items and labor related to these
items) shall be $5,000 per year for individuals regardless of waiver, or
regardless of whether the individual changes waiver programs, for which AT is
approved. The service unit shall always be one, for the total cost of all AT
being requested for a specific timeframe.
c. AT may be provided in the individual's home or community
setting.
d. AT shall not be approved for purposes of convenience of the
caregiver/provider or restraint of the individual, recreation or leisure,
educational purposes, or diversion activities.
e. An independent, professional consultation shall be obtained
from a qualified professional who is knowledgeable of that item for each AT
request prior to approval by the Srv Auth service authorization
contractor or other DMAS designated entity and may include training on
such AT by the qualified professional. The consultation shall not be performed
by the provider of AT to the individual.
f. All AT shall be prior authorized by the Srv Auth service
authorization contractor or other DMAS designated entity prior to
billing.
g. Excluded shall be items Items that are
reasonable accommodation requirements, for example, of the Americans
with Disabilities Act, the Virginians with Disabilities Act (§ 51.5-1 et
seq. of the Code of Virginia), or the Rehabilitation Act (20 USC § 794),
or that are required to be provided through other funding sources shall
be excluded.
h. AT services or equipment shall not be rented but shall be
purchased.
i. Shipping, freight, or delivery charges are not billable
to DMAS or the waiver individual, as such charges are considered noncovered
items.
(1) All products must be delivered, demonstrated,
installed, and in working order prior to submitting any claim for them to
Medicaid.
(2) The date of service on the claim shall be within the
service authorization approval dates, which may be prior to the delivery date
as long as the initiation of services commenced during the approved dates.
(3) The service authorization shall not be modified to
accommodate delays in product deliveries. In such situations, new service
authorizations must be sought by the provider.
(4) When two or more waiver individuals live in the same
home or congregate living arrangement, the AT shall be shared to the extent
practicable consistent with the type of AT.
j. Assistive technology shall not be available to waiver
individuals younger than 21 years of age. Assistive technology for individuals
younger than 21 shall be accessed through the EPSDT benefit.
k. AT exclusions.
(1) Medicaid shall not reimburse for any AT devices or
services that may have been rendered prior to authorization from DMAS or the
designated service authorization contractor.
(2) Providers of AT shall not be spouses or parents
(natural, adoptive, step, or foster parents) of the individual who is receiving
waiver services. Providers that supply AT for the waiver individual may not
perform assessments or consultation or write specifications for that
individual. Any request for a change in cost (either an increase or a decrease)
requires justification and supporting documentation of medical need and service
authorization by DMAS or the designated service authorization contractor. The
vendor shall receive a copy of the professional evaluation in order to purchase
the items recommended by the professional. If a change is necessary, then the
vendor shall notify the assessor to ensure the changed items meet the
individual's needs.
(3) All equipment or supplies already covered by a service
provided for in the State Plan shall not be purchased under the waiver as AT.
Such examples are, but shall not necessarily be limited to:
(a) Specialized medical equipment, durable or nondurable
medical equipment, ancillary equipment, and supplies necessary for life
support;
(b) Adaptive devices, appliances, and controls that enable
an individual to be more independent in areas of personal care and ADLs or
IADLs; and
(c) Equipment and devices that enable an individual to
communicate more effectively.
L. Environmental modifications (EM).
1. Service description. Environmental modifications (EM), as
defined herein, shall only be available to waiver individuals who are
participating in the MFP program pursuant to Part XX (12VAC30-120-2000 et seq.).
Adaptations shall be documented in the waiver individual's POC and may include,
but shall not necessarily be limited to, the installation of ramps and
grab-bars, widening of doorways, modification of bathroom facilities, or
installation of specialized electrical and plumbing systems that are necessary
to accommodate the medical equipment and supplies that are necessary for the
welfare of the waiver individual. Excluded are those adaptations or
improvements to the home that are of general utility and are not of direct
medical or remedial benefit to the individual, such as carpeting, flooring,
roof repairs, central air conditioning, or decks. Adaptations that add to the
total square footage of the home shall be excluded from this benefit, except
when necessary to complete an authorized adaptation, as determined by DMAS or
its designated agent. All services shall be provided in the individual's
primary home in accordance with applicable state or local building codes. All
modifications must be prior authorized by the Srv Auth service
authorization contractor or other DMAS designated entity.
Modifications may only be made to a vehicle if it is the primary vehicle being
used by the waiver individual. This service does not include the purchase or
lease of vehicles.
2. In order to qualify for these services, the waiver
individual shall have a demonstrated need for modifications of a remedial or direct
medical benefit offered in his primary home or primary vehicle used by the
waiver individual to ensure his health, welfare, or safety or specifically to
improve the individual's personal functioning. Modifications may include a
generator for waiver individuals who are dependent on mechanical ventilation
for 24 hours a day and when the generator is used to support the medical
equipment and supplies necessary for the individual's welfare. This service
shall encompass those items not otherwise covered in the State Plan for Medical
Assistance or through another program. EM shall be covered in the least
expensive, most cost-effective manner.
3. Service units and service limitations.
a. All requests for EM shall be made by the MFP transition
coordinator to DMAS or the Srv Auth contractor.
b. a. The maximum funded expenditure per
individual for all EM covered procedure codes (combined total of EM items and
labor related to these items) shall be $5,000 per year for individuals
regardless of waiver, or regardless of whether the individual changes waiver
programs, for which EM is approved. Unexpended portions of this maximum
amount shall not be accumulated across one or more years to be expended in a
later year. The service unit shall always be one, for the total cost of all
EM being requested for a specific timeframe.
c. b. All EM shall be authorized by the Srv
Auth contractor DMAS or the DMAS designated entity prior to billing.
d. c. Modifications shall not be used to bring a
substandard dwelling up to minimum habitation standards. Also excluded shall be
modifications that are reasonable accommodation requirements of the Americans
with Disabilities Act, the Virginians with Disabilities Act (§ 51.5-1 et
seq. of the Code of Virginia), and the Rehabilitation Act (20 USC§ § 794).
e. Transition coordinators d. Care coordinators
shall, upon completion of each modification, meet face-to-face with the waiver
individual and his family/caregiver, as appropriate, to ensure that the
modification is completed satisfactorily and is able to be used by the
individual.
f. e. EM shall not be approved for purposes of
convenience of the caregiver/provider or restraint of the waiver individual.
f. Only the actual cost of material and labor is
reimbursed. There shall be no additional markup.
g. EM shall be carried out in the most cost-effective
manner possible to achieve the goal required for the individual's health,
safety, and welfare.
h. All services shall be provided in the individual's
primary residence in accordance with applicable state or local building codes
and appropriate permits or building inspections, which shall be provided to
DMAS or the DMAS contractor.
i. Proposed modifications that are to be made to rental
properties must have prior written approval of the property's owner.
Modifications to rental properties shall only be valid if it is an
independently operated rental facility with no direct or indirect ties to any
other Medicaid service provider.
j. Modifications may be made to a vehicle if it is the
primary vehicle used by the individual. This service shall not include the
purchase of or the general repair of vehicles. Repairs of modifications that
have been reimbursed by DMAS shall be covered.
k. The EM provider shall ensure that all work and products
are delivered, installed, and in good working order prior to seeking
reimbursement from DMAS. The date of service on this provider's claim shall be
within the service authorization approval dates, which may be prior to the
completion date as long as the work commenced during the approval dates. The
service authorization shall not be modified to accommodate installation delays.
All requests for cost changes (either increases or decreases) shall be
submitted to DMAS or the DMAS-designated service authorization contractor for
revision to the previously issued service authorization and shall include
justification and supporting documentation of medical needs.
4. EM exclusions.
a. There shall be no duplication of previous EM services
within the same residence such as multiple wheelchair ramps or previous
modifications to the same room.
b. Adaptations or improvements to the primary home that
shall be excluded are of general utility and are not of direct medical or
remedial benefit to the waiver individual, such as, but not limited to,
carpeting; flooring; roof repairs; central air conditioning or heating; general
maintenance and repairs to a home; additions or maintenance of decks;
maintenance, replacement, or addition of sidewalks, driveways, or carports; or
adaptations that only increase the total square footage of the home.
c. EM shall not be covered by Medicaid for general leisure
or diversion items or those items that are recreational in nature or those
items that may be used as an outlet for adaptive or maladaptive behavioral
issues. Such noncovered items may include swing sets, playhouses, climbing
walls, trampolines, protective matting or ground cover, sporting equipment, or
exercise equipment, such as special bicycles or tricycles.
d. EM shall not be covered by Medicaid if, for example, the
Fair Housing Act (42 USC § 3601 et seq.), the Virginia Fair Housing Law (§
36-96.1 et seq. of the Code of Virginia) or the Americans with Disabilities Act
(42 USC § 12101 et seq.) requires the modification and the payment for such
modifications are to be made by a third party.
e. EM shall not include the costs of removal or disposal,
or any other costs, of previously installed modifications, whether paid for by
DMAS or any other source.
f. Providers of EM shall not be the waiver individual's
spouse, parent (natural, adoptive, step, or foster parent), other legal
guardians, or conservator. Providers who supply EM to waiver individuals shall
not perform assessments or consultations or write EM specifications for such
individuals.
M. Skilled private duty nursing. Skilled PDN, for a single
individual and individuals residing in congregate living arrangements, as
defined in 12VAC30-120-900, shall be provided for waiver enrolled individuals
who have serious medical conditions or complex health care needs. To receive
this service, an individual must require specific skilled and continuous
nursing care on a regularly scheduled or intermittent basis performed by an RN
or an LPN. Upon completion of the required screening and required assessments
and a determination that the individual requires substantial and ongoing
skilled nursing care and waiver enrollment then the skilled PDN hours shall be
authorized by the DMAS designated entity.
1. Skilled PDN services shall be rendered according to a
POC authorized by DMAS or the DMAS designated entity and shall have been
certified by a physician as medically necessary to enable the individual to
remain at home.
2. No reimbursement shall be provided by DMAS for either RN
or LPN services without signed physician orders that specifically identify
skilled nursing tasks to be performed for the individual.
3. Limits placed on the amount of skilled PDN that will be
approved for reimbursement shall be consistent with the individual's support
needs and medical necessity. The maximum skilled PDN hours authorized per week
for adult individuals shall be based on their technology and medical necessity
justification documented.
4. For adult individuals, whether living separately or in a
congregate setting, skilled PDN shall be reimbursed up to a maximum 112 hours
per week (Sunday through Saturday) per waiver individual living in the
household. The number of hours per week shall be based on the individual's
documented medical needs.
5. The adult individual shall be determined to need a
medical device and ongoing skilled nursing care when such individual meets
Category A or all eight criteria in Category B:
a. Category A. Individuals who depend on mechanical
ventilators; or
b. Category B. Individuals who have a complex tracheostomy
as defined by:
(1) Tracheostomy with the potential for weaning off of it,
or documentation of attempts to wean, with subsequent inability to wean;
(2) Nebulizer treatments ordered at least four times a day
or nebulizer treatments followed by chest physiotherapy provided by a nurse or
respiratory therapist at least four times a day;
(3) Pulse oximetry monitoring at least every shift due to
unstable oxygen saturation levels;
(4) Respiratory assessment and documentation every shift by
a licensed respiratory therapist or nurse;
(5) Have a physician's order for oxygen therapy with
documented usage;
(6) Receives tracheostomy care at least daily;
(7) Has a physician's order for tracheostomy suctioning;
and
(8) Deemed at risk to require subsequent mechanical
ventilation.
6. Skilled PDN services may include consultation and
training for the primary caregiver.
7. The provider shall be responsible for notifying DMAS or
the DMAS designated entity should the primary residence of the individual be
changed, should the individual be hospitalized, should the individual die, or
should the individual be out of the Commonwealth for 48 hours or more.
8. Exclusions from DMAS coverage of skilled PDN:
a. This service shall not be authorized when intermittent
skilled nursing visits could be satisfactorily utilized while protecting the
health, safety, and welfare of the individual.
b. Skilled PDN hours shall not be reimbursed while the
individual is receiving emergency care or during emergency transport of the
individual to such facilities. The RN or LPN shall not transport the waiver
individual to such facilities.
c. Skilled PDN services may be ordered but shall not be
provided simultaneously with skilled respite care or personal care services.
d. Parents (natural, adoptive, step, or foster parents),
spouses, siblings, grandparents, grandchildren, adult children, other legal
guardians, or any person living under the same roof with the individual shall
not provide skilled PDN services for the purpose of Medicaid reimbursement for
the waiver individual.
e. Providers shall not bill prior to receiving the
physician's dated signature on the individual's POC for services provided and
the DMAS or DMAS designated entity's authorization or determination of skilled
PDN hours.
f. Time spent driving the waiver individual shall not be
reimbursed by DMAS.
9. Congregate skilled PDN.
a. If more than one waiver individual reside in the home,
the same waiver provider shall be chosen to provide all skilled PDN services
for all waiver individuals in the home.
b. Only one nurse shall be authorized to care for no more
than two waiver individuals in such arrangements. In instances when three
waiver individuals share a home, nursing ratios shall be determined by DMAS or
its designated agent based on the needs of all the individuals who are living
together. These congregate skilled PDN hours shall be at the same scheduled
shifts.
c. The primary caregiver shall be shared and shall be
responsible for providing all care needs when a private duty nurse is not
available.
d. DMAS shall not reimburse for skilled PDN services
through the CCC Plus waiver and skilled PDN services through the EPSDT benefit
for the same individual at the same time. Waiver individuals younger than 21 years
of age shall not receive skilled PDN services through the CCC Plus waiver.
Individuals younger than 21 shall receive skilled PDN services through the
EPSDT benefit.
12VAC30-120-925. Respite coverage in children's residential
facilities.
A. Individuals with special needs who are enrolled in the EDCD
CCC Plus Waiver and who have a diagnosis of intellectual disability (ID)
shall be eligible to receive respite services in children's residential
facilities that are licensed for respite services for children with ID.
B. These respite services shall be covered consistent with
the requirements of 12VAC30-120-924, 12VAC30-120-930, and 12VAC30-120-935,
whichever is in effect at the time of service delivery.
12VAC30-120-930. General requirements for home and
community-based participating providers.
A. Requests for participation shall be screened by DMAS or
the designated DMAS contractor to determine whether the provider applicant
meets the requirements for participation, as set out in the provider agreement,
and demonstrates the abilities to perform, at a minimum, the following
activities:
1. Screen all new and existing employees and contractors to
determine whether any are excluded from eligibility for payment from federal
health care programs, including Medicaid (i.e., via the United States
Department of Health and Human Services Office of Inspector General List of
Excluded Individuals or Entities (LEIE) website). Immediately report in writing
to DMAS any exclusion information discovered to: DMAS, ATTN: Program
Integrity/Exclusions, 600 East Broad Street, Suite 1300, Richmond, VA 23219, or
email to providerexclusions@dmas.virginia.gov;
2. Immediately notify DMAS in writing of any change in the
information that the provider previously submitted to DMAS;
3. Except for waiver individuals who are subject to the DMAS
Client Medical Management program Part VIII (12VAC30-130-800 et seq.) of
12VAC30-130 or are enrolled in a Medicaid managed care program organization,
ensure freedom of choice to individuals in seeking services from any
institution, pharmacy, practitioner, or other provider qualified to perform the
service or services required and participating in the Medicaid Program at the
time the service or services are performed;
4. Ensure the individual's freedom to refuse medical care,
treatment, and services;
5. Accept referrals for services only when staff is available
to initiate and perform such services on an ongoing basis;
6. Provide services and supplies to individuals in full
compliance with Title VI (42 USC § 2000d et seq.) of the Civil Rights Act of
1964 which prohibits discrimination on the grounds of race, color, religion, or
national origin; the Virginians with Disabilities Act (§ 51.5-1 et seq. of the
Code of Virginia); § 504 of the Rehabilitation Act of 1973 (29 USC § 794),
which prohibits discrimination on the basis of a disability; and the Americans
with Disabilities Act of 1990 (42 USC § 12101 et seq.), which provides
comprehensive civil rights protections to individuals with disabilities in the
areas of employment, public accommodations, state and local government
services, and telecommunications;
7. Provide services and supplies to individuals of the same
quality and in the same mode of delivery as are provided to the general public;
8. Submit charges to DMAS for the provision of services and
supplies to individuals in amounts not to exceed the provider's usual and
customary charges to the general public and accept as payment in full the amount
established by DMAS payment methodology beginning with the individual's
authorization date for the waiver services;
9. Use only DMAS-designated forms for service documentation except
when otherwise permitted. The provider shall not alter the DMAS forms in
any manner without prior written approval from DMAS;
10. Use DMAS-designated billing forms for submission of
charges;
11. Perform no type of direct marketing activities to Medicaid
individuals;
12. Maintain and retain business and professional records
sufficient to document fully and accurately the nature, scope, and details of
the services provided.
a. In general, such records shall be retained for a period of
at least six years from the last date of service or as provided by applicable
federal and state laws, whichever period is longer. However, if an audit is
initiated within the required retention period, the records shall be retained
until the audit is completed and every exception resolved. Records of minors
shall be kept for a period of at least six years after such minor has reached
18 years of age.
b. Policies regarding retention of records shall apply even if
the provider discontinues operation. DMAS shall be notified in writing of the
storage location and procedures for obtaining records for review should the
need arise. The location, agent, or trustee shall be within the Commonwealth;
13. Furnish information on the request of and in the form
requested to DMAS, the Attorney General of Virginia or their authorized
representatives, federal personnel, and the state Medicaid Fraud Control Unit.
The Commonwealth's right of access to provider agencies and records shall
survive any termination of the provider agreement;
14. Disclose, as requested by DMAS, all financial, beneficial,
ownership, equity, surety, or other interests in any and all firms,
corporations, partnerships, associations, business enterprises, joint ventures,
agencies, institutions, or other legal entities providing any form of health
care services to recipients of Medicaid;
15. Pursuant to 42 CFR 431.300 et seq., § 32.1-325.3 of the
Code of Virginia, and the Health Insurance Portability and Accountability Act
(HIPAA), safeguard and hold confidential all information associated with an
applicant or enrollee or individual that could disclose the
applicant's/enrollee's/individual's identity. Access to information concerning
the applicant/enrollee/individual shall be restricted to persons or agency
representatives who are subject to the standards of confidentiality that are
consistent with that of the agency and any such access must be in accordance
with the provisions found in 42 CFR 431.306 and 12VAC30-20-90;
16. When ownership of the provider changes, notify DMAS in
writing at least 15 calendar days before the date of change;
17. Pursuant to §§ 63.2-100, 63.2-1509, and 63.2-1606 of the
Code of Virginia, if a participating provider or the provider's staff knows or
suspects that a home and community-based waiver services individual is being
abused, neglected, or exploited, the party having knowledge or suspicion of the
abuse, neglect, or exploitation shall report this immediately from first
knowledge or suspicion of such knowledge to the local department of social
services adult or child protective services worker as applicable or to the
toll-free, 24-hour hotline as described on the local department of social
services' website. Employers shall ensure and document that their staff is
aware of this requirement;
18. In addition to compliance with the general conditions and
requirements, adhere to the conditions of participation outlined in the
individual provider's participation agreements, in the applicable DMAS provider
manual, and in other DMAS laws, regulations, and policies. DMAS shall conduct
ongoing monitoring of compliance with provider participation standards and DMAS
policies. A provider's noncompliance with DMAS policies and procedures may
result in a retraction of Medicaid payment or termination of the provider
agreement, or both;
19. Meet minimum qualifications of staff.
a. For reasons of Medicaid individuals' safety and welfare,
all employees shall have a satisfactory work record, as evidenced by at least
two references from prior job experience, including no evidence of abuse,
neglect, or exploitation of incapacitated or older adults or children. In
instances of employees who have worked for only one employer, such employees
shall be permitted to provide one appropriate employment reference and one
appropriate personal reference including no evidence of abuse, neglect, or exploitation
of incapacitated or older adults or children.
b. Criminal record checks for both employees and volunteers
conducted by the Virginia State Police. Proof that these checks were performed
with satisfactory results shall be available for review by DMAS staff or its
designated agent who are authorized by the agency to review these files. DMAS
shall not reimburse the provider for any services provided by an employee or
volunteer who has been convicted of committing a barrier crime as defined in § 32.1-162.9:1
of the Code of Virginia. Providers shall be responsible for complying with §
32.1-162.9:1 of the Code of Virginia regarding criminal record checks. Provider
staff shall not be reimbursed for services provided to the waiver individual
effective on the date and thereafter that the criminal record check confirms
the provider's staff person or volunteer was convicted of a barrier crime. Pursuant
to 42 CFR 441.302 and 42 CFR 441.352, within 30 calendar days of employment,
the staff or volunteer shall obtain an original criminal record clearance with
respect to convictions for offenses specified in § 19.2-392.02 of the Code of
Virginia or an original criminal history record from the Central Criminal
Records Exchange.
(1) DMAS shall not reimburse a provider for services
provided by an individual who works in a position that involves direct contact
with a waiver individual until an original criminal record clearance or
original criminal history record has been received. DMAS shall reimburse
services provided by such an individual during only the first 30 calendar days
of employment if the provider can produce documented evidence that such person
worked only under the direct supervision of another individual for whom a
background check was completed in accordance with the requirements of this
section. If an original criminal record clearance or original criminal history
record is not received within the first 30 calendar days of employment, DMAS
shall not reimburse the provider for services provided by such employee on the
31st calendar day through the date on which the provider receives an original
criminal record clearance or an original criminal history record.
(2) DMAS shall not reimburse a provider for services
provided by an individual who has been convicted of any offense set forth in
clause (i) of the definition of barrier crime in § 19.2-392.02 of the Code
of Virginia unless all of the following conditions are met: (i) the offense was
punishable as a misdemeanor; (ii) the individual has been convicted of only one
such offense; (iii) the offense did not involve abuse or neglect; and (iv) at
least five years have elapsed since the conviction.
c. The staff or volunteer shall provide the hiring facility
with a sworn statement or affirmation disclosing any criminal convictions or
any pending criminal charges, whether within or outside of the Commonwealth.
c. d. Provider staff and volunteers who serve
waiver individuals who are minor children shall also be screened through
the VDSS Child Protective Services (CPS) Central Registry. Provider staff and
volunteers shall not be reimbursed for services provided to the waiver
individual effective on the date and thereafter that the VDSS CPS Central
Registry check confirms the provider's staff person or volunteer has a finding.
20. Providers shall comply with requirements for
person-centered planning and home and community based settings as described in
42 CFR 441.301.
B. DMAS shall terminate the provider's Medicaid provider
agreement pursuant to § 32.1-325 of the Code of Virginia and as may be
required for federal financial participation. A provider who has been convicted
of a felony, or who has otherwise pled guilty to a felony, in Virginia or in
any other of the 50 states, the District of Columbia, or the U.S. territories
shall within 30 days of such conviction notify DMAS of this conviction and
relinquish its provider agreement. Such provider agreement terminations,
subject to applicable appeal rights, shall conform to § 32.1-325 D and E
of the Code of Virginia and Part XII (12VAC30-20-500 et seq.) of 12VAC30-20.
C. For DMAS to approve provider agreements with home and
community-based waiver providers, the following standards shall be met:
1. Staffing, financial solvency, disclosure of ownership, and
ensuring comparability of services requirements as specified in the applicable
provider manual;
2. The ability to document and maintain waiver individuals'
case records in accordance with state and federal requirements;
3. Compliance with all applicable laws, regulations, and
policies pertaining to EDCD CCC Plus Waiver services.
D. The waiver individual shall have the option of selecting
the provider of his choice from among those providers who are approved and who
can appropriately meet his needs.
E. A participating provider may voluntarily terminate his
participation in Medicaid by providing 30 days' written notification to DMAS.
F. Except as otherwise provided by state or federal law,
DMAS may terminate at will a provider's participation agreement on 30 days'
written notice as specified in the DMAS participation agreement. DMAS may
immediately terminate a provider's participation agreement if the provider is
no longer eligible to participate in the Medicaid program. Such action
precludes further payment by DMAS for services provided to individuals on or
after the date specified in the termination notice.
G. The provider shall be responsible for completing the
DMAS-225 form. The provider shall notify the designated Srv Auth service
authorization contractor, as appropriate, and the local department of
social services, in writing, when any of the following events occur.
Furthermore, it shall be the responsibility of the designated Srv Auth service
authorization contractor to also update DMAS, as requested, when any of the
following events occur:
1. Home and community-based waiver services are implemented;
2. A waiver individual dies;
3. A waiver individual is discharged from the provider's EDCD
CCC Plus Waiver services;
4. Any other events (including hospitalization) that cause
home and community-based waiver services to cease or be interrupted for more
than 30 consecutive calendar days; or
5. The initial selection by the waiver individual or
family/caregiver of a provider to provide services, or a change by the waiver
individual or family/caregiver of a provider, if it affects the individual's
patient pay amount.
H. Changes or termination of services.
1. The provider may decrease the amount of authorized care if
the revised POC is appropriate and based on the medical needs of the waiver
individual. The participating provider shall collaborate with the waiver
individual or the family/caregiver/EOR, or both as appropriate, to develop the
new POC and calculate the new hours of service delivery. The provider shall
discuss the decrease in care with the waiver individual or
family/caregiver/EOR, document the conversation in the waiver individual's
record, and notify the designated Srv Auth service authorization
contractor. The Srv Auth service authorization contractor shall
process the decrease request and the waiver individual shall be notified of the
change by letter. This letter shall clearly state the waiver individual's right
to appeal this change.
2. If a change in the waiver individual's condition
necessitates an increase in care, the participating provider shall assess the
need for the increase and, collaborate with the waiver individual and
family/caregiver/EOR, as appropriate, to develop a POC for services to meet the
changed needs. The provider may implement the increase in personal/respite care
hours without approval from DMAS, or the designated Srv Auth service
authorization contractor, if the amount of services does not exceed the
total amount established by DMAS as the maximum for the level of care
designated for that individual on the plan of care.
3. Any increase to a waiver individual's POC that exceeds the
number of hours allowed for that individual's level of care or any change in
the waiver individual's level of care shall be authorized by DMAS or the designated
Srv Auth service authorization contractor prior to the increase
and be accompanied by adequate documentation justifying the increase.
4. In an emergency situation when either the health, safety,
or welfare of the waiver individual or provider personnel is endangered, or
both, DMAS, or the designated Srv Auth service authorization
contractor, shall be notified prior to discontinuing services. The written
notification period set out below shall not be required. If appropriate, local
department of social services adult or child protective services, as may be
appropriate, shall be notified immediately. Appeal rights shall be afforded to
the waiver individual.
5. In a nonemergency situation, when neither the health,
safety, nor welfare of the waiver individual or provider personnel is
endangered, the participating provider shall give the waiver individual at
least 10 calendar days' written notification (plus three days for mail transit
for a total of 13 calendar days from the letter's date) of the intent to
discontinue services. The notification letter shall provide the reasons for and
the effective date the provider will be discontinuing services. Appeal rights
shall be afforded to the waiver individual.
I. Staff education and training requirements.
1. RNs shall (i) be currently licensed to practice in the
Commonwealth as an RN, or shall hold multi-state licensure privilege pursuant
to Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 of the Code of Virginia;
(ii) have at least one year of related clinical nursing experience, which may
include work in an acute care hospital, public health clinic, home health
agency, rehabilitation hospital, or NF nursing facility, or as an
LPN who worked for at least one year in one of these settings; and (iii) submit
to a criminal records check meet the requirements of subdivision A 19 of
this section regarding criminal record checks and consent to a search of
the VDSS Child Protective Services Central Registry if the waiver individual is
a minor child. The RN shall not be compensated for services provided to the
waiver individual if this record check verifies that the RN has been convicted
of a barrier crime described in § 32.1-162.9:1 of the Code of Virginia or
if the RN has a founded complaint confirmed by the VDSS Child Protective
Services Central Registry.
2. LPNs shall work under supervision as set out in 18VAC90-20-37
18VAC90-19-70. LPNs shall (i) be currently licensed to practice in
the Commonwealth as an LPN, or shall hold multi-state licensure privilege
pursuant to Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 of the Code of
Virginia; (ii) shall have at least one year of related clinical nursing
experience, which may include work in an acute care hospital, public health
clinic, home health agency, rehabilitation hospital, or NF. The LPN shall meet
the qualifications and skills, prior to being assigned to care for the waiver individual,
that are required by the individual's POC; and (iii) submit to a criminal
records check meet the requirements of subdivision A 19 of this section
regarding criminal record checks and consent to a search of the VDSS Child
Protective Services Central Registry if the waiver individual is a minor child.
The LPN shall not be compensated for services provided to the waiver individual
if this record check verifies that the LPN has been convicted of a barrier
crime described in § 32.1-162.9:1 of the Code of Virginia or if the LPN
has a founded complaint confirmed by the VDSS Child Protective Services Central
Registry.
3. All RNs and LPNs who provide skilled PDN services shall
have either (i) at least six months of related clinical experience as
documented in their history, which may include work in acute care hospitals,
long-stay hospitals, rehabilitation hospitals, or specialized care nursing
facilities or (ii) completed a provider training program related to the care
and technology needs of the assigned waiver individual.
a. Training programs established by providers shall
include, at a minimum, the following:
(1) Trainers (either RNs or respiratory therapists) shall
have at least six months hands-on successful experience in the areas in which
they provide training, such as ventilators, tracheostomies, peg tubes, and
nasogastric tubes.
(2) Training shall include classroom time as well as direct
hands-on demonstration of mastery by the trainee of the specialized skills
required to work with individuals who have technology dependencies.
(3) The training program shall include the following
subject areas as they relate to the care to be provided by the nurse: (i) human
anatomy and physiology, (ii) medications frequently used by technology
dependent individuals, (iii) emergency management, and (iv) the operation of
the relevant equipment.
(4) Providers shall assure the competency and mastery of
the skills necessary to successfully care for waiver individuals by the nurses
prior to assigning them to a waiver individual. Documentation of successful
completion of such training course and mastery of the specialized skills required
to work with individuals who have technology dependencies shall be maintained
in the provider's personnel records. This documentation shall be provided to
DMAS upon request.
b. The RN supervisor for nurses providing skilled PDN shall
be currently licensed to practice nursing in the Commonwealth and have at least
one year of related clinical nursing experience, which may include work in an
acute care hospital, long-stay hospital, rehabilitation hospital, or
specialized care nursing facility.
3. 4. Personal care aides who are employed by
personal care agencies that are licensed by VDH shall meet the requirements of
12VAC5-381. In addition, personal care aides shall also receive annually a
minimum of 12 documented hours of agency-provided training in the performance
of these services.
4. 5. Personal care aides who are employed by
personal care agencies that are not licensed by the VDH shall have completed an
educational curriculum of at least 40 hours of study related to the needs of
individuals who are either elderly or who have disabilities, as ensured by the
provider prior to being assigned to the care of an individual, and shall have
the required skills and training to perform the services as specified in the
waiver individual's POC and related supporting documentation.
a. Personal care aides' required initial (that is, at the
onset of employment) training, as further detailed in the applicable
provider manual, shall be met in one of the following ways: (i)
registration with the Board of Nursing as a certified nurse aide; (ii)
graduation from an approved educational curriculum as listed by the Board of
Nursing; or (iii) completion of the provider's educational curriculum, which
must be a minimum of 40 hours in duration, as taught by an RN who meets the
same requirements as the RN listed in subdivision 1 of this subsection.
b. In addition, personal care aides shall also be required to
receive annually a minimum of 12 documented hours of agency-provided training
in the performance of these services.
5. 6. Personal
care aides shall:
a. Be at least 18 years of age or older;
b. Be able to read and write English to the degree necessary
to perform the expected tasks and create and maintain the required
documentation;
c. Be physically able to perform the required tasks and have
the required skills to perform services as specified in the waiver individual's
supporting documentation;
d. Have a valid social security number that has been issued to
the personal care aide by the Social Security Administration;
e. Submit to a criminal records check Meet the
requirements of subdivision A 19 of this section regarding criminal record
checks and, if the waiver individual is a minor, consent to a search of the
VDSS Child Protective Services Central Registry. The aide shall not be
compensated for services provided to the waiver individual effective the date
in which the record check verifies that the aide has been convicted of barrier
crimes described in § 32.1-162.9:1 of the Code of Virginia or if the aide
has a founded complaint confirmed by the VDSS Child Protective Services Central
Registry;
f. Understand and agree to comply with the DMAS EDCD CCC
Plus Waiver requirements; and
g. Receive tuberculosis (TB) screening as specified in the
criteria used by the VDH.
6. 7. Consumer-directed personal care attendants
shall:
a. Be 18 years of age or older;
b. Be able to read and write in English to the degree
necessary to perform the tasks expected and create and maintain the required
documentation;
c. Be physically able to perform the required tasks and have
the required skills to perform consumer-directed services as specified in the
waiver individual's supporting documentation;
d. Have a valid social security number that has been issued to
the personal care attendant by the Social Security Administration;
e. Submit to a criminal records check Meet the
requirements of subdivision A 19 of this section and, if the waiver
individual is a minor, consent to a search of the VDSS Child Protective
Services Central Registry. The attendant shall not be compensated for
services provided to the waiver individual effective the date in which the
record check verifies that the attendant has been convicted of barrier crimes
described in § 32.1-162.9:1 of the Code of Virginia or if the attendant
has a founded complaint confirmed by the VDSS Child Protective Services Central
Registry;
f. Understand and agree to comply with the DMAS EDCD CCC
Plus Waiver requirements;
g. Receive tuberculosis (TB) screening as specified in the
criteria used by the VDH; and
h. Be willing to attend training at the individual's or
family/caregiver's request.
12VAC30-120-935. Participation standards for specific covered
services.
A. The personal care providers, respite care providers, ADHC
providers, skilled private duty nursing providers, and CD services
facilitators shall develop an individualized POC that addresses the waiver
individual's service needs. Such plan shall be developed in collaboration with
the waiver individual or the individual's family/caregiver/EOR, as appropriate.
B. Agency providers shall employ appropriately licensed
professional staff who can provide the covered waiver services required by the
waiver individuals. Providers shall require that the supervising RN/LPN be
available by phone at all times that the LPN/attendant and consumer-directed
services facilitators, as appropriate, are providing services to the waiver
individual.
C. Agency staff (RN, LPNs, or aides) or CD employees
(attendants) attendants shall not be reimbursed by DMAS for services
rendered to waiver individuals when the agency staff or the CD employee attendant
is either (i) the spouse of the waiver individual or (ii) the parent (biological,
adoptive, legal guardian) (natural, adoptive, step, or foster parent)
or other legal guardian of the minor child waiver individual.
1. Payment shall not be made for services furnished by
other family members living under the same roof as the individual enrolled in
the waiver receiving services unless there is objective written documentation
completed by the services facilitator as to why there are no other providers
available to render the personal services. The consumer-directed services
facilitator shall initially make this determination and document it fully in
the individual's record.
2. Family members who are approved to be reimbursed for
providing personal services shall meet the same qualifications as all other CD
attendants.
D. Failure to provide the required services, conduct the
required reviews, and meet the documentation standards as stated herein
may in this section shall result in DMAS charging audited
providers with returning overpayments and requiring the return
of the overpaid funds to DMAS.
E. In addition to meeting the general conditions and
requirements, home and community-based waiver services participating
providers shall also meet the following requirements:
1. ADHC services provider. In order to provide these services,
the ADCC adult day care center (ADCC) shall:
a. Make available a copy of the current VDSS license for DMAS'
DMAS review and verification purposes prior to the provider applicant's
enrollment as a Medicaid provider;
b. Adhere to VDSS' ADCC standards as defined in 22VAC40-60
including, but not limited to, provision of activities for waiver individuals
Holds a license with VDSS for ADCC; and
c. Employ the following:
(1) A director who shall be responsible for overall management
of the center's programs and employees pursuant to 22VAC40-60-320. The director
shall be the provider contact person for DMAS and the designated Srv Auth
service authorization contractor and shall be responsible for responding
to communication from DMAS and the designated Srv Auth service
authorization contractor. The director shall be responsible for ensuring
the development of the POCs for waiver individuals. The director shall assign
either himself, the activities director if there is one, RN, or therapist to
act as the care coordinator for each waiver individual and shall document in
the individual's medical record the identity of the care coordinator. The care
coordinator shall be responsible for management of the waiver individual's POC
and for its review with the program aides and any other staff, as necessary.
(2) A RN who shall be responsible for administering to and
monitoring the health needs of waiver individuals. The RN may also contract
with the center. The RN shall be responsible for the planning and
implementation of the POC involving multiple services where specialized health
care knowledge may be needed. The RN shall be present a minimum of eight hours
each month at the center. DMAS may require the RN's presence at the center for
more than this minimum standard depending on the number of waiver individuals
who are in attendance and according to the medical and nursing needs of the
waiver individuals who attend the center. Although DMAS does not require that
the RN be a full-time staff position, there shall be a RN available, either in
person or by telephone, to the center's waiver individuals and staff during all
times that the center is in operation. The RN shall be responsible for:
(a) Providing periodic evaluation, at least every 90 days, of
the nursing needs of each waiver individual;
(b) Providing the nursing care and treatment as documented in
individuals' POCs; and
(c) Monitoring, recording, and administering of prescribed
medications or supervising the waiver individual in self-administered
medication.
(3) Personal care aides who shall be responsible for overall
care of waiver individuals such as assistance with ADLs, social/recreational
activities, and other health and therapeutic-related activities. Each program
aide hired by the provider shall be screened to ensure compliance with training
and skill mastery qualifications required by DMAS. The aide shall, at a
minimum, have the following qualifications:
(a) Be 18 years of age or older;
(b) Be able to read and write in English to the degree
necessary to perform the tasks expected and create and maintain the required
waiver individual documentation of services rendered;
(c) Be physically able to perform the work and have the skills
required to perform the tasks required in the waiver individual's POC;
(d) Have a valid social security number issued to the program
aide by the Social Security Administration;
(e) Have satisfactorily completed an educational curriculum as
set out in clauses (i), (ii), and (iii) of this subdivision E 1 c 3
(e). Documentation of successful completion shall be maintained in the
aide's personnel file and be available for review by DMAS' staff. Prior to
assigning a program aide to a waiver individual, the center shall ensure that
the aide has either (i) registered with the Board of Nursing as a certified
nurse aide; (ii) graduated from an approved educational curriculum as listed by
the Board of Nursing; or (iii) completed the provider's educational curriculum,
at least 40 hours in duration, as taught by an RN who is licensed in the
Commonwealth or who holds a multi-state licensing privilege.
(4) The ADHC coordinator who shall coordinate, pursuant to
22VAC40-60-695, the delivery of the activities and services as prescribed in
the waiver individuals' POCs and keep such plans updated, record 30-day
progress notes concerning each waiver individual, and review the waiver
individuals' daily records each week. If a waiver individual's condition
changes more frequently, more frequent reviews and recording of progress notes
shall be required to reflect the individual's changing condition.
2. Recreation and social activities responsibilities. The
center shall provide planned recreational and social activities suited to the
waiver individuals' needs and interests and designed to encourage physical
exercise, prevent deterioration of each waiver individual's condition, and
stimulate social interaction.
3. The center shall maintain all records of each Medicaid
individual. These records shall be reviewed periodically by DMAS staff or its
designated agent who is authorized by DMAS to review these files. At a minimum,
these records shall contain, but shall not necessarily be limited to:
a. DMAS required forms as specified in the center's
provider-appropriate guidance documents;
b. Interdisciplinary POCs developed, in collaboration with the
waiver individual or family/caregiver, or both as may be appropriate, by the
center's director, RN, and therapist, as may be appropriate, and any other
relevant support persons;
c. Documentation of interdisciplinary staff meetings that
shall be held at least every three months to reassess each waiver individual
and evaluate the adequacy of the POC and make any necessary revisions;
d. At a minimum, 30-day goal-oriented progress notes recorded
by the designated ADHC care coordinator. If a waiver individual's condition and
treatment POC changes more often, progress notes shall be written more
frequently than every 30 days;
e. The daily record of services provided shall contain the
specific services delivered by center staff. The record shall also contain the
arrival and departure times of the waiver individual and shall be signed weekly
by either the director, activities director, RN, or therapist employed by the
center. The record shall be completed on a daily basis, neither before nor
after the date of services delivery. At least once a week, a staff member shall
chart significant comments regarding care given to the waiver individual. If
the staff member writing comments is different from the staff signing the
weekly record, that staff member shall sign the weekly comments. A copy of this
record shall be given weekly to the waiver individual or family/caregiver, and
it shall also be maintained in the waiver individual-specific medical record; and
f. All contacts shall be documented in the waiver individual's
medical record, including correspondence made to and from the individual with
family/caregivers, physicians, DMAS, the designated Srv Auth service
authorization contractor, formal and informal services providers, and all
other professionals related to the waiver individual's Medicaid services or
medical care.
F. Agency-directed personal care services. The personal care
provider agency shall hire or contract with and directly supervise a RN who
provides ongoing supervision of all personal care aides and LPNs. LPNs may
supervise, pursuant to their licenses, personal care aides based upon RN
assessment of the waiver individuals' health, safety, and welfare needs.
1. The RN supervisor shall make an initial home assessment
visit on or before the start of care for all individuals admitted to personal
care, when a waiver individual is readmitted after being discharged from
services, or if he is transferred from another provider, ADHC, or from a CD services
program.
2. During a home visit, the RN supervisor shall evaluate, at
least every 90 days, the LPN supervisor's performance and the waiver
individual's needs to ensure the LPN supervisor's abilities to function
competently and shall provide training as necessary. This shall be documented
in the waiver individual's record. A reassessment of the individual's needs and
review of the POC shall be performed and documented during these visits.
3. The RN/LPN supervisor shall also make supervisory visits
based on the assessment and evaluation of the care needs of waiver individuals
as often as needed and as defined in this subdivision to ensure both quality
and appropriateness of services.
a. The personal care provider agency shall have the
responsibility of determining when supervisory visits are appropriate for the
waiver individual's health, safety, and welfare. Supervisory visits shall be at
least every 90 days. This determination must be documented in the waiver
individuals' records by the RN on the initial assessment and in the ongoing
assessment records.
b. If DMAS determines that the waiver individual's health,
safety, or welfare is in jeopardy, DMAS may require the provider's RN or LPN
supervisor to supervise the personal care aides more frequently than once every
90 days. These visits shall be conducted at this designated increased frequency
until DMAS determines that the waiver individual's health, safety, or welfare
is no longer in jeopardy. This shall be documented by the provider and entered
into the individual's record.
c. During visits to the waiver individual's home, the RN/LPN
supervisor shall observe, evaluate, and document the adequacy and
appropriateness of personal care services with regard to the individual's
current functioning status and medical and social needs. The personal care
aide's record shall be reviewed and the waiver individual's or
family's/caregiver's, or both, satisfaction with the type and amount of
services discussed.
d. If the supervising RN/LPN must be delayed in conducting the
regular supervisory visit, such delay shall be documented in the waiver
individual's record with the reasons for the delay. Such supervisory visits
shall be conducted within 15 calendar days of the waiver individual's first
availability.
e. A RN/LPN supervisor shall be available to the personal care
aide for conferences pertaining to waiver individuals being served by the aide.
(1) The RN/LPN supervisor shall be available to the aide by
telephone at all times that the aide is providing services to waiver
individuals.
(2) The RN/LPN supervisor shall evaluate the personal care
aide's performance and the waiver individual's needs to identify any
insufficiencies in the personal care aide's abilities to function competently
and shall provide training as indicated. This shall be documented in the waiver
individual's record.
f. Licensed practical nurses (LPNs). As permitted by his
license, the LPN may supervise personal care aides. To ensure both quality and
appropriateness of services, the LPN supervisor shall make supervisory visits
of the aides as often as needed, but no fewer visits than provided in waiver
individuals' POCs as developed by the RN in collaboration with individuals and
the individuals' family/caregivers, or both, as appropriate.
(1) During visits to the waiver individual's home, a
LPN-supervisor shall observe, evaluate, and document the adequacy and
appropriateness of personal care services, the individual's current functioning
status and social needs. The personal care aide's record shall be reviewed and
the waiver individual's or family/caregiver's, or both, satisfaction with the
type and amount of services discussed.
(2) The LPN supervisor shall evaluate the personal care aide's
performance and the waiver individual's needs to identify any insufficiencies
in the aide's abilities to function competently and shall provide training as
required to resolve the insufficiencies. This shall be documented in the waiver
individual's record and reported to the RN supervisor.
(3) An LPN supervisor shall be available to personal care
aides for conferences pertaining to waiver individuals being served by them.
g. Personal care aides. The agency provider may employ and the
RN/LPN supervisor shall directly supervise personal care aides who provide
direct care to waiver individuals. Each aide hired to provide personal care
shall be evaluated by the provider agency to ensure compliance with
qualifications and skills required by DMAS pursuant to 12VAC30-120-930.
4. Payment shall not be made for services furnished by family
members or caregivers who are living under the same roof as the waiver
individual receiving services, unless there is objective written documentation
as to why there are no other providers or aides available to provide the care.
The provider shall initially make this determination and document it fully in
the waiver individual's record.
5. Required documentation for waiver individuals' records. The
provider shall maintain all records for each individual receiving personal care
services. These records shall be separate from those of non-home and
community-based care waiver services, such as companion or home
health services. These records shall be reviewed periodically by DMAS or its
designated agent. At a minimum, the record shall contain:
a. All personal care aides' records (DMAS-90) to include (i)
the specific services delivered to the waiver individual by the aide; (ii) the
personal care aide's actual daily arrival and departure times; (iii) the aide's
weekly comments or observations about the waiver individual, including
observations of the individual's physical and emotional condition, daily
activities, and responses to services rendered; and (iv) any other information
appropriate and relevant to the waiver individual's care and need for services.
b. The personal care aide's and individual's or responsible
caregiver's signatures, including the date, shall be recorded on these records
verifying that personal care services have been rendered during the week of the
service delivery.
(1) An employee of the provider shall not sign for the waiver
individual unless he is a family member or unpaid caregiver of the waiver
individual.
(2) Signatures, times, and dates shall not be placed on the
personal care aide record earlier than the last day of the week in which
services were provided nor later than seven calendar days from the date of the
last service.
G. Agency-directed respite care services.
1. To be approved as a respite care provider with DMAS, the
respite care agency provider shall:
a. Employ or contract with and directly supervise either a RN
or LPN, or both, who will provide ongoing supervision of all respite care
aides/LPNs, as appropriate. A RN shall provide supervision to all direct care
and supervisory LPNs.
(1) When respite care services are received on a routine
basis, the minimum acceptable frequency of the required RN/LPN supervisor's
visits shall not exceed every 90 days, based on the initial assessment. If an
individual is also receiving personal care services, the respite care RN/LPN
supervisory visit may coincide with the personal care RN/LPN supervisory
visits. However, the RN/LPN supervisor shall document supervision of respite
care separately from the personal care documentation. For this purpose, the
same individual record may be used with a separate section for respite care
documentation.
(2) When respite care services are not received on a routine
basis but are episodic in nature, a RN/LPN supervisor shall conduct the home
supervisory visit with the aide/LPN on or before the start of care. The RN/LPN
shall review the utilization of respite services either every six months or
upon the use of half of the approved respite hours, whichever comes first. If a
waiver individual is also receiving personal care services, the respite care
RN/LPN supervisory visit may coincide with the personal care RN/LPN supervisory
visit.
(3) During visits to the waiver individual's home, the RN/LPN
supervisor shall observe, evaluate, and document the adequacy and
appropriateness of respite care services to the waiver individual's current
functioning status and medical and social needs. The aide's/LPN's record shall
be reviewed along with the waiver individual's or family's/caregiver's, or
both, satisfaction with the type and amount of services discussed.
(4) Should the required RN/LPN supervisory visit be delayed,
the reason for the delay shall be documented in the waiver individual's record.
This visit shall be completed within 15 days of the waiver individual's first
availability.
b. Employ or contract with aides to provide respite care
services who shall meet the same education and training requirements as
personal care aides.
c. Not hire respite care aides for DMAS' reimbursement for
services that are rendered to waiver individuals when the aide is either (i)
the spouse of the waiver individual or (ii) the parent (biological, adoptive, legal
guardian) step, or foster parent) legal guardian, or other guardian
of the minor child waiver individual.
d. Employ an LPN to perform skilled respite care services. When
skilled respite services are offered in conjunction with skilled PDN, the
provider shall employ either a LPN or RN to provide skilled respite services.
Such services shall be reimbursed by DMAS under the following circumstances:
(1) The waiver individual shall have a documented need for
routine skilled respite care that cannot be provided by unlicensed personnel,
such as an aide. These waiver individuals would typically require a skilled
level of care involving, for example but not necessarily limited to,
ventilators for assistance with breathing or either nasogastric or gastrostomy
feedings;
(2) No other person in the waiver individual's support system
is willing and able to supply the skilled component of the individual's care
during the primary caregiver's absence; and
(3) The waiver individual is unable to receive skilled nursing
visits from any other source that could provide the skilled care usually given
by the caregiver.
e. Document in the waiver individual's record the circumstances
that require the provision of services by an LPN or RN. At the time of
the LPN's or RN's service, the LPN or RN shall also provide all
of the services normally provided by an aide.
2. Payment shall not be made for services furnished by other
family members or caregivers who are living under the same roof as the waiver
individual receiving services unless there is objective written documentation
as to why there are no other providers or aides available to provide the care.
The provider shall initially make this determination and document it fully in
the waiver individual's record.
3. Required documentation for waiver individuals' records. The
provider shall maintain all records for each waiver individual receiving
respite services. These records shall be separate clearly labelled
and maintained separately from those of non-home and community-based care
waiver services, such as companion or home health services. These
records shall be reviewed periodically either by the DMAS staff or a contracted
entity who is authorized by DMAS to review these files. At a minimum these
records shall contain:
a. Forms as specified in the DMAS guidance documents.
b. a. All respite care LPN/aide LPN,
RN, or aide records shall contain:
(1) The specific services delivered to the waiver individual
by the LPN/aide LPN, RN, or aide;
(2) The respite care LPN's/aide's LPN, RN, or aide's
daily arrival and departure times;
(3) Comments or observations recorded weekly about the waiver
individual. LPN/aide LPN, RN, or aide comments shall include, but
shall not be limited to, observation of the waiver individual's physical and
emotional condition, daily activities, the individual's response to services
rendered, and documentation of vital signs if taken as part of the POC.
c. All b. Skilled respite care LPN records (DMAS-90A),
which may be documented on the DMAS 90-A, shall be reviewed and signed by
the supervising RN and shall contain:
(1) The respite care LPN/aide's and waiver individual's or
responsible family/caregiver's signatures, including the date, verifying that
respite care services have been rendered during the week of service delivery as
documented in the record.
(2) An employee of the provider shall not sign for the waiver
individual unless he is a family member or unpaid caregiver of the waiver
individual.
(3) Signatures, times, and dates shall not be placed on the
respite care LPN/aide record earlier than the last day of the week in which
services were provided. Nor shall signatures be placed on the respite care
LPN/aide records later than seven calendar days from the date of the last
service.
H. Consumer-directed (CD) services facilitation for
personal care and respite services.
1. Any services rendered by attendants prior to dates
authorized by DMAS or the Srv Auth contractor shall not be eligible for
Medicaid reimbursement and shall be the responsibility of the waiver
individual.
2. The CD services facilitator shall meet the following
qualifications:
a. To be enrolled as a Medicaid CD services facilitator and
maintain provider status, the CD services facilitator shall have sufficient
knowledge, skills, and abilities to perform the activities required of such
providers. In addition, the CD services facilitator shall have the ability to
maintain and retain business and professional records sufficient to fully and
accurately document the nature, scope, and details of the services provided.
b. It is preferred that the CD services facilitator
possess, at a minimum, an undergraduate degree in a human services field or be
a registered nurse currently licensed to practice in the Commonwealth. In
addition, it is preferable that the CD services facilitator have at least two
years of satisfactory experience in a human services field working with
individuals who are disabled or elderly. The CD services facilitator must
possess a combination of work experience and relevant education that indicates
possession of the following knowledge, skills, and abilities described below in
this subdivision H 2 b. Such knowledge, skills, and abilities must be
documented on the CD services facilitator's application form, found in
supporting documentation, or be observed during a job interview. Observations
during the interview must be documented. The knowledge, skills, and abilities
include:
(1) Knowledge of:
(a) Types of functional limitations and health problems
that may occur in individuals who are elderly or individuals with disabilities,
as well as strategies to reduce limitations and health problems;
(b) Physical care that may be required by individuals who
are elderly or individuals with disabilities, such as transferring, bathing
techniques, bowel and bladder care, and the approximate time those activities
normally take;
(c) Equipment and environmental modifications that may be
required by individuals who are elderly or individuals with disabilities that
reduce the need for human help and improve safety;
(d) Various long-term care program requirements, including
nursing facility and assisted living facility placement criteria, Medicaid
waiver services, and other federal, state, and local resources that provide
personal care and respite services;
(e) Elderly or Disabled with Consumer-Direction Waiver
requirements, as well as the administrative duties for which the services
facilitator will be responsible;
(f) How to conduct assessments (including environmental,
psychosocial, health, and functional factors) and their uses in services
planning;
(g) Interviewing techniques;
(h) The individual's right to make decisions about, direct
the provisions of, and control his consumer-directed services, including
hiring, training, managing, approving time sheets of, and firing an aide;
(i) The principles of human behavior and interpersonal
relationships; and
(j) General principles of record documentation.
(2) Skills in:
(a) Negotiating with individuals, family/caregivers, and
service providers;
(b) Assessing, supporting, observing, recording, and
reporting behaviors;
(c) Identifying, developing, or providing services to
individuals who are elderly or individuals with disabilities; and
(d) Identifying services within the established services
system to meet the individual's needs.
(3) Abilities to:
(a) Report findings of the assessment or onsite visit,
either in writing or an alternative format for individuals who have visual
impairments;
(b) Demonstrate a positive regard for individuals and their
families;
(c) Be persistent and remain objective;
(d) Work independently, performing position duties under
general supervision;
(e) Communicate effectively orally and in writing; and
(f) Develop a rapport and communicate with individuals from
diverse cultural backgrounds.
c. If the CD services facilitator is not a RN, the CD
services facilitator shall inform the waiver individual's primary health care
provider that services are being provided and request consultation as needed.
These contacts shall be documented in the waiver individual's record.
3. Initiation of services and service monitoring.
a. For CD services, the CD services facilitator shall make
an initial comprehensive in-home visit at the primary residence of the waiver
individual to collaborate with the waiver individual or family/caregiver to
identify the needs, assist in the development of the POC with the waiver
individual or family/caregiver, as appropriate, and provide employer of record
(EOR) employee management training within seven days of the initial visit. The
initial comprehensive home visit shall be conducted only once upon the waiver
individual's entry into CD services. If the waiver individual changes, either
voluntarily or involuntarily, the CD services facilitator, the new CD services
facilitator must complete a reassessment visit in lieu of an initial
comprehensive visit.
b. After the initial comprehensive visit, the CD services
facilitator shall continue to monitor the POC on an as-needed basis, but in no
event less frequently than every 90 days for personal care, and shall conduct
face-to-face meetings with the waiver individual and may include the
family/caregiver. The CD services facilitator shall review the utilization of
CD respite services, either every six months or upon the use of half of the
approved respite services hours, whichever comes first, and shall conduct a
face-to-face meeting with the waiver individual and may include the
family/caregiver.
c. During visits with the waiver individual, the CD
services facilitator shall observe, evaluate, and consult with the
individual/EOR and may include the family/caregiver, and document the adequacy
and appropriateness of CD services with regard to the waiver individual's
current functioning, cognitive status, and medical and social needs. The CD
services facilitator's written summary of the visit shall include, but shall
not necessarily be limited to:
(1) A discussion with the waiver individual or family/caregiver/EOR
concerning whether the service is adequate to meet the waiver individual's
needs;
(2) Any suspected abuse, neglect, or exploitation and to
whom it was reported;
(3) Any special tasks performed by the attendant and the
attendant's qualifications to perform these tasks;
(4) The waiver individual's or family/caregiver's/EOR's
satisfaction with the service;
(5) Any hospitalization or change in medical condition,
functioning, or cognitive status; and
(6) The presence or absence of the attendant in the home
during the CD services facilitator's visit.
4. DMAS, its designated contractor, or the fiscal/employer
agent shall request a criminal record check and a check of the VDSS Child
Protective Services Central Registry if the waiver individual is a minor child,
in accordance with 12VAC30-120-930, pertaining to the attendant on behalf of
the waiver individual and report findings of these records checks to the EOR.
5. The CD services facilitator shall review copies of
timesheets during the face-to-face visits to ensure that the hours approved in
the POC are being provided and are not exceeded. If discrepancies are
identified, the CD services facilitator shall discuss these with the waiver
individual or EOR to resolve discrepancies and shall notify the fiscal/employer
agent. The CD services facilitator shall also review the waiver individual's
POC to ensure that the waiver individual's needs are being met.
6. The CD services facilitator shall maintain records of
each waiver individual that he serves. At a minimum, these records shall
contain:
a. Results of the initial comprehensive home visit
completed prior to or on the date services are initiated and subsequent
reassessments and changes to the supporting documentation;
b. The personal care POC. Such plans shall be reviewed by
the provider every 90 days, annually, and more often as needed, and modified as
appropriate. The respite services POC shall be included in the record and shall
be reviewed by the provider every six months or when half of the approved
respite service hours have been used whichever comes first. For the annual
review and in cases where either the personal care or respite care POC is
modified, the POC shall be reviewed with the waiver individual, the
family/caregiver, and EOR, as appropriate;
c. CD services facilitator's dated notes documenting any
contacts with the waiver individual or family/caregiver/EOR and visits to the
individual;
d. All contacts, including correspondence, made to and from
the waiver individual, EOR, family/caregiver, physicians, DMAS, the designated
Srv Auth contractor, formal and informal services provider, and all other
professionals related to the individual's Medicaid services or medical care;
e. All employer management training provided to the waiver
individual or EOR to include, but not necessarily be limited to (i) the
individual's or EOR's receipt of training on their responsibilities for the
accuracy of the attendant's timesheets and (ii) the availability of the
Consumer-Directed Waiver Services Employer Manual available at
www.dmas.virginia.gov;
f. All documents signed by the waiver individual or EOR, as
appropriate, that acknowledge the responsibilities as the employer; and
g. The DMAS required forms as specified in the agency's
waiver-specific guidance document.
7. Payment shall not be made for services furnished by
other family members or caregivers who are living under the same roof as the
waiver individual receiving services unless there is objective written
documentation by the CD services facilitator as to why there are no other
providers or aides available to provide the required care.
8. In instances when either the waiver individual is
consistently unable to hire and retain the employment of a personal care
attendant to provide CD personal care or respite services such as, but not
limited to, a pattern of discrepancies with the attendant's timesheets, the CD
services facilitator shall make arrangements, after conferring with DMAS, to
have the needed services transferred to an agency-directed services provider of
the individual's choice or discuss with the waiver individual or
family/caregiver/EOR, or both, other service options.
9. Waiver individual responsibilities.
a. The waiver individual shall be authorized for CD
services and the EOR shall successfully complete consumer/employee-management
training performed by the CD services facilitator before the individual shall
be permitted to hire an attendant for Medicaid reimbursement. Any services that
may be rendered by an attendant prior to authorization by Medicaid shall not be
eligible for reimbursement by Medicaid. Waiver individuals who are eligible for
CD services shall have the capability to hire and train their own attendants
and supervise the attendants' performance. Waiver individuals may have a
family/caregiver or other designated person serve as the EOR on their behalf.
The EOR shall be prohibited from also being the Medicaid-reimbursed attendant
for respite or personal care or the services facilitator for the waiver
individual.
b. Waiver individuals shall acknowledge that they will not
knowingly continue to accept CD personal care services when the service is no
longer appropriate or necessary for their care needs and shall inform the
services facilitator of their change in care needs. If CD services continue
after services have been terminated by DMAS or the designated Srv Auth
contractor, the waiver individual shall be held liable for attendant
compensation.
c. Waiver individuals shall notify the CD services
facilitator of all hospitalizations or admissions, such as but not necessarily
limited to, any rehabilitation facility, rehabilitation unit, or NF as CD
attendant services shall not be reimbursed during such admissions. Failure to
do so may result in the waiver individual being held liable for attendant
compensation.
d. Waiver individuals shall not employ attendants for DMAS
reimbursement for services rendered to themselves when the attendant is the (i)
spouse of the waiver individual; (ii) parent (biological, adoptive, legal guardian)
or other guardian of the minor child waiver individual; or (iii)
family/caregiver or caregivers/EOR who may be directing the waiver individual's
care.
H. Consumer-directed (CD) services facilitation for
personal care and respite services.
1. Any services rendered by attendants prior to dates
authorized by DMAS or the service authorization contractor shall not be
eligible for Medicaid reimbursement and shall be the responsibility of the
waiver individual.
2. If the services facilitator is not an RN, then the
services facilitator shall inform the primary health care provider for the
individual who is enrolled in the waiver that services are being provided
within 30 days from the start of such services and request consultation with
the primary health care provider, as needed. This shall be done after the
services facilitator secures written permission from the individual to contact
the primary health care provider. The documentation of this written permission
to contact the primary health care provider shall be retained in the
individual's medical record. All contacts with the primary health care provider
shall be documented in the individual's medical record.
3. The consumer-directed services facilitator, whether
employed or contracted by a DMAS enrolled services facilitator, shall meet the
following qualifications:
a. To be enrolled as a Medicaid consumer-directed services
facilitator and maintain provider status, the consumer-directed services
facilitator shall have sufficient knowledge, skills, and abilities as provided
for in subdivision H 3 i of this section to perform the activities required of
such providers. In addition, the consumer-directed services facilitator shall
have the ability to maintain and retain business and professional records
sufficient to fully and accurately document the nature, scope, and details of
the services provided.
b. Effective January 11, 2016, prior to reimbursement for
services provided to waiver individuals, all consumer-directed services
facilitators shall:
(1) Have a satisfactory work record as evidenced by two
references from prior job experiences from any human services work; such
references shall not include any evidence of abuse, neglect, or exploitation of
the elderly or persons with disabilities or children;
(2) Within 30 calendar days of employment, the staff or
volunteer shall obtain an original criminal record clearance with respect to
convictions for offenses specified in § 19.2-392.02 of the Code of Virginia or
an original criminal history record from the Central Criminal Records Exchange.
(a) DMAS shall not reimburse a provider for services
provided by an individual who works in a position that involves direct contact
with a waiver individual until an original criminal record clearance or
original criminal history record has been received. DMAS shall reimburse
services provided by such an individual during only the first 30 calendar days
of employment if the provider can produce documented evidence that such person
worked only under the direct supervision of another individual for whom a
background check was completed in accordance with the requirements of this
section. If an original criminal record clearance or original criminal history
record is not received within the first 30 calendar days of employment, DMAS
shall not reimburse the provider for services provided by such employee on the
31st calendar day through the date on which the provider receives an original
criminal record clearance or an original criminal history record.
(b) DMAS shall not reimburse a provider for services
provided by an individual who has been convicted of any offense set forth in
clause (i) of the definition of barrier crime in § 19.2-392.02 of the Code
of Virginia unless all of the following conditions are met: (i) the offense was
punishable as a misdemeanor; (ii) the individual has been convicted of only one
such offense; (iii) the offense did not involve abuse or neglect; and (iv) at
least five years have elapsed since the conviction.
(3) The staff or volunteer shall provide the hiring
facility with a sworn statement or affirmation disclosing any criminal
convictions or any pending criminal charges, whether within or outside of the
Commonwealth.
(4) Submit to a search of the VDSS Child Protective
Services Central Registry. A consumer-directed services facilitator shall not
be reimbursed for services provided to the waiver individual effective on the
date and thereafter that the VDSS CPS Central Registry check confirms the
consumer-directed services facilitator has a finding; and
(5) Not be debarred, suspended, or otherwise excluded from
participating in federal health care programs, as listed on the federal List of
Excluded Individuals/Entities (LEIE) database at http://www.olg.hhs.govfraud/exclusions%20/exclusions%20list.asp.
c. Persons who are consumer-directed services facilitators
prior to January 11, 2016, shall not be required to meet the degree and
experience requirements of this subsection unless required to submit a new
application to be a consumer-directed services facilitator after January 11,
2016. Effective January 11, 2016, consumer-directed services facilitators shall
possess the required degree and experience, as follows:
(1) Prior to enrollment by the department as a
consumer-directed services facilitator, all new applicants shall possess, at a
minimum, either an associate's degree or higher from an accredited college in a
health or human services field or be a registered nurse currently licensed to
practice in Commonwealth and possess a minimum of two years of satisfactory
direct care experience supporting individuals with disabilities or older
adults; or
(2) Possess a bachelor's degree or higher in a non-health
or human services field and have a minimum of three years of satisfactory
direct care experience supporting individuals with disabilities or older
adults.
d. Effective April 10, 2016, all consumer-directed services
facilitators shall complete required training and competency assessments.
Satisfactory competency assessment results shall be kept in the service
facilitator's record.
(1) All new consumer-directed services facilitators shall
complete the DMAS-approved consumer-directed services facilitator training and
pass the corresponding competency assessment with a score of at least 80% prior
to being approved as a consumer-directed services facilitator and being
reimbursed for working with waiver individuals.
(2) Persons who are consumer-directed services facilitators
prior to January 11, 2016, shall be required to complete the DMAS-approved consumer-directed
services facilitator training and pass the corresponding competency assessment
with a score of at least 80% in order to continue being reimbursed for and
working with waiver individuals for the purpose of Medicaid reimbursement.
e. Failure to satisfy the competency assessment
requirements and meet all other requirements shall result in a retraction of
Medicaid payment or the termination of the provider agreement, or both.
f. Failure to satisfy the
competency assessment requirements and meet all other requirements may also
result in the termination of a CD services facilitator employed by or
contracted with a Medicaid enrolled services facilitator provider.
g. As a component of the renewal of the Medicaid provider
agreement, all CD services facilitators shall pass the competency assessment
every five years and achieve a score of at least 80%.
h. The consumer-directed services facilitator shall have
access to a computer with secure Internet access that meets the requirements of
45 CFR Part 164 for the electronic exchange of information. Electronic exchange
of information shall include, for example, checking individual eligibility,
submission of service authorizations, submission of information to the fiscal
employer agent, and billing for services.
i. The consumer-directed services facilitator must possess
a combination of work experience and relevant education that indicates
possession of the following knowledge, skills, and abilities. Such knowledge,
skills, and abilities must be documented on the consumer-directed services
facilitator's application form, found in supporting documentation, or be
observed during a job interview. Observations during the interview must be
documented. The knowledge, skills, and abilities include:
(1) Knowledge of:
(a) Types of functional limitations and health problems
that may occur in older adults or individuals with disabilities, as well as
strategies to reduce limitations and health problems;
(b) Physical care that may be required by older adults or
individuals with disabilities, such as transferring, bathing techniques, bowel
and bladder care, and the approximate time those activities normally take;
(c) Equipment and environmental modifications that may be
required by individuals who are elderly or individuals with disabilities that
reduce the need for human help and improve safety;
(d) Various long-term services and supports program
requirements, including nursing facility and assisted living facility placement
criteria, Medicaid waiver services, and other federal, state, and local
resources that provide personal care and respite services;
(e) CCC Plus Waiver requirements, as well as the
administrative duties for which the services facilitator will be responsible;
(f) How to conduct assessments (including environmental,
psychosocial, health, and functional factors) and their uses in services
planning;
(g) Interviewing techniques;
(h) The individual's right to make decisions about, direct
the provisions of, and control his consumer-directed services, including
hiring, training, managing, approving timesheets, and firing an aide;
(i) The principles of human behavior and interpersonal
relationships; and
(j) General principles of record documentation.
(2) Skills in:
(a) Negotiating with individuals, family/caregivers, and
service providers;
(b) Assessing, supporting, observing, recording, and
reporting behaviors;
(c) Identifying, developing, or providing services to
individuals who are elderly or individuals with disabilities; and
(d) Identifying services within the established services
system to meet the individual's needs.
(3) Abilities to:
(a) Report findings of the assessment or onsite visit,
either in writing or an alternative format for individuals who have visual
impairments;
(b) Demonstrate a positive regard for individuals and their
families;
(c) Be persistent and remain objective;
(d) Work independently, performing position duties under
general supervision;
(e) Communicate effectively, orally and in writing; and
(f) Develop a rapport and communicate with individuals from
diverse cultural backgrounds.
4. Initiation of services and service monitoring.
a. For consumer-directed model of service, the
consumer-directed services facilitator shall make an initial comprehensive home
visit at the primary residence of the individual to collaborate with the
individual or the individual's family/caregiver, as appropriate, to identify
the individual's needs, assist in the development of the plan of care with the
waiver individual and individual's family/caregiver, as appropriate, and
provide EOR management training within seven days of the initial visit. The initial
comprehensive home visit shall be conducted only once upon the individual's
entry into consumer-directed services. If the individual changes, either
voluntarily or involuntarily, the consumer-directed services facilitator, the
new consumer-directed services facilitator shall complete a reassessment visit
in lieu of a comprehensive visit.
b. After the initial comprehensive visit, the services
facilitator shall continue to monitor the plan of care on an as-needed basis,
but in no event less frequently than every 90 days for personal care, and shall
conduct face-to-face meetings with the individual and may include the
family/caregiver. The services facilitator shall review the utilization of
consumer-directed respite services and shall conduct a face-to-face meeting
with the individual and may include the family/caregiver either every six
months or upon the use of half of the approved respite services hours,
whichever comes first. Such monitoring reviews shall be documented in the
individual's medical record.
c. During visits with the individual, the services
facilitator shall observe, evaluate, and consult with the individual/EOR and
may include the family/caregiver and document the adequacy and appropriateness
of CD services with regard to the individual's current functioning, cognitive
status, and medical and social needs. The consumer-directed services
facilitator's written summary of the visit shall include at a minimum:
(1) Discussion with the waiver individual or
family/caregiver/EOR, as appropriate, concerning whether the service is
adequate to meet the waiver individual's needs;
(2) Any suspected abuse, neglect, or exploitation and to
whom it was reported;
(3) Any special tasks (tasks outside of the normal ADLs or
IADLs) performed by the consumer-directed attendant and the consumer-directed
attendant's qualifications to perform these tasks;
(4) The individual's or family/caregiver's/EOR's
satisfaction with the service;
(5) Any hospitalization or change in medical condition,
functioning, or cognitive status; and
(6) The presence or absence of the consumer-directed
attendant in the home during the consumer-directed services facilitator's
visit.
5. DMAS, its designated contractor, or the fiscal/employer
agent shall request a criminal record check, and a check of the VDSS Child
Protective Services Central Registry if the waiver individual is a minor child,
and shall comply with the requirements of subdivision H 3 b of this section.
6. The consumer-directed services facilitator shall review
and verify copies of timesheets during the face-to-face visits to ensure that
the hours approved in the plan of care are being provided and are not exceeded.
If discrepancies are identified, the consumer-directed services facilitator
shall discuss these with the individual or EOR to resolve discrepancies and
shall notify the fiscal/employer agent. The consumer-directed services
facilitator shall also review the individual's plan of care to ensure that the
individual's needs are being met. Failure to conduct such reviews and
verifications of timesheets and maintain the documentation of these reviews
shall result in a DMAS recovery of payments made.
7. Failure to maintain all required documentation shall
result in a DMAS action to recover payments made. Repeated instances of failure
to maintain documentation may result in cancellation of the Medicaid provider
agreement. The consumer-directed services facilitator shall maintain records of
each individual that he serves. At a minimum, these records shall contain:
a. Results of the initial comprehensive home visit
completed prior to or on the date services are initiated and subsequent
reassessments and changes to the supporting documentation;
b. The personal care plan of care. Such plans shall be
reviewed by the provider every 90 days, annually, and more often as needed, and
modified as appropriate. The respite services plan of care shall be included in
the record and shall be reviewed by the provider every six months or when half
of the approved respite service hours have been used, whichever comes first.
For the annual review and in cases where either the personal care or respite
care plan of care is modified, the plan of care shall be reviewed with the
individual, the family/caregiver, and EOR, as appropriate;
c. The consumer-directed services facilitator's dated notes
documenting any contacts with the individual or family/caregiver/EOR and visits
to the individual;
d. All contacts, including correspondence, made to and from
the waiver individual, EOR, family/caregiver, physicians, DMAS, the designated
service authorization contractor, formal and informal services provider, and
all other professionals related to the individual's Medicaid services or
medical care;
e. All employer management training provided to the waiver
individual or EOR to include (i) the individual's or EOR's receipt of training
on their responsibilities for the accuracy of the consumer-directed attendant's
timesheets and (ii) the availability of the Consumer-Directed Waiver Services
Employer Manual available at http://lis.virginia.gov/000/noc/www.dmas.virginia.gov;
f. All documents signed by the individual or EOR, as
appropriate, that acknowledge the responsibilities as the employer; and
g. The DMAS required forms as specified in the agency's
waiver-specific guidance document.
8. Waiver individual,
family/caregiver, and EOR responsibilities.
a. The individual shall be authorized for the
consumer-directed model of service, and the EOR shall successfully complete EOR
management training performed by the consumer-directed services facilitator
before the individual or EOR shall be permitted to hire a consumer-directed
attendant for Medicaid reimbursement. Any services that may be rendered by a
consumer-directed attendant prior to authorization by Medicaid shall not be
eligible for reimbursement by Medicaid. Individuals who are eligible for
consumer-directed services shall have the capability to hire and train their
own consumer-directed attendants and supervise the consumer-directed
attendants' performances. In lieu of being the EOR themselves, individuals may
have a family/caregiver or other designated person serve as the EOR on their
behalf. The EOR shall be prohibited from also being the Medicaid-reimbursed
consumer-directed attendant for respite or personal care or the services
facilitator for the individual.
b. Individuals shall acknowledge that they will not
knowingly continue to accept consumer-directed personal care services when the
service is no longer appropriate or necessary for their care needs and shall
inform the services facilitator of their change in care needs. If the
consumer-directed model of services continues after services have been
terminated by DMAS or the designated service authorization contractor, the
individual shall be held liable for the consumer-directed attendant
compensation.
c. Waiver individuals shall notify the consumer-directed
services facilitator of all hospitalizations or admissions, for example, to any
rehabilitation facility rehabilitation unit or nursing facility as
consumer-directed attendant services shall not be reimbursed during such
admissions. Failure to do so may result in the individual being held liable for
the consumer-directed employee compensation.
I. Personal emergency response systems. In addition to
meeting the general conditions and requirements for home and community-based
waiver services participating providers as specified in 12VAC30-120-930,
PERS providers must also meet the following qualifications and requirements:
1. A PERS provider shall be either, but not necessarily
limited to, a personal care agency, a durable medical equipment provider, a
licensed home health provider, or a PERS manufacturer. All such providers shall
have the ability to provide PERS equipment, direct services (i.e.,
installation, equipment maintenance, and service calls), and PERS monitoring;
2. The PERS provider shall provide an emergency response
center with fully trained operators who are capable of (i) receiving signals
for help from an individual's PERS equipment 24 hours a day, 365 or 366 days
per year, as appropriate; (ii) determining whether an emergency exists; and
(iii) notifying an emergency response organization or an emergency responder
that the PERS individual needs emergency help;
3. A PERS provider shall comply with all applicable Virginia
statutes, all applicable regulations of DMAS, and all other governmental
agencies having jurisdiction over the services to be performed;
4. The PERS provider shall have the primary responsibility to
furnish, install, maintain, test, and service the PERS equipment, as required,
to keep it fully operational. The provider shall replace or repair the PERS
device within 24 hours of the waiver individual's notification of a malfunction
of the console unit, activating devices, or medication monitoring unit and
shall provide temporary equipment, as may be necessary for the waiver
individual's health, safety, and welfare, while the original equipment is being
repaired or replaced;
5. The PERS provider shall install, consistent with the
manufacturer's instructions, all PERS equipment into a waiver individual's
functioning telephone line or system within seven days of the request of such
installation unless there is appropriate documentation of why this timeframe
cannot be met. The PERS provider shall furnish all supplies necessary to ensure
that the system is installed and working properly. The PERS provider shall test
the PERS device monthly, or more frequently if needed, to ensure that the
device is fully operational;
6. The PERS installation shall include local seize line
circuitry, which guarantees that the unit shall have priority over the
telephone connected to the console unit should the telephone be off the hook or
in use when the unit is activated;
7. A PERS provider shall maintain a data record for each
waiver individual at no additional cost to DMAS or the waiver individual. The
record shall document all of the following:
a. Delivery date and installation date of the PERS equipment;
b. Waiver individual/caregiver signature verifying receipt of
the PERS equipment;
c. Verification by a test that the PERS device is operational
and the waiver individual is still using it monthly or more frequently as
needed;
d. Waiver individual contact information, to be updated
annually or more frequently as needed, as provided by the individual or the individual's
caregiver/EOR;
e. A case log documenting the waiver individual's utilization
of the system, all contacts, and all communications with the individual,
caregiver/EOR, and responders;
f. Documentation that the waiver individual is able to use the
PERS equipment through return demonstration; and
g. Copies of all equipment checks performed on the PERS unit;
8. The PERS provider shall have backup monitoring capacity in
case the primary system cannot handle incoming emergency signals;
9. The emergency response activator shall be capable of being
activated either by breath, touch, or some other means and shall be usable by
waiver individuals who are visually or hearing impaired or physically disabled.
The emergency response communicator shall be capable of operating without
external power during a power failure at the waiver individual's home for a
minimum period of 24 hours. The emergency response console unit shall also be
able to self-disconnect and redial the backup monitoring site without the
waiver individual resetting the system in the event it cannot get its signal
accepted at the response center;
10. PERS providers shall be capable of continuously monitoring
and responding to emergencies under all conditions, including power failures
and mechanical malfunctions. It shall be the PERS provider's responsibility to
ensure that the monitoring agency and the monitoring agency's equipment meet
the following requirements. The PERS provider shall be capable of
simultaneously responding to multiple signals for help from the waiver
individuals' PERS equipment. The PERS provider's equipment shall include the
following:
a. A primary receiver and a backup receiver, which shall be
independent and interchangeable;
b. A backup information retrieval system;
c. A clock printer, which shall print out the time and date of
the emergency signal, the waiver individual's identification code, and the
emergency code that indicates whether the signal is active, passive, or a
responder test;
d. A backup power supply;
e. A separate telephone service;
f. A toll-free number to be used by the PERS equipment in
order to contact the primary or backup response center; and
g. A telephone line monitor, which shall give visual and
audible signals when the incoming telephone line is disconnected for more than
10 seconds;
11. The PERS provider shall maintain detailed technical and
operation manuals that describe PERS elements, including the installation,
functioning, and testing of PERS equipment; emergency response protocols; and
recordkeeping and reporting procedures;
12. The PERS provider shall document and furnish within 30
days of the action taken, a written report for each emergency signal that
results in action being taken on behalf of the waiver individual. This excludes
test signals or activations made in error. This written report shall be
furnished to (i) the personal care provider; (ii) the respite care provider;
(iii) the CD services facilitation provider; (iv) in cases where the individual
only receives ADHC services, to the ADCC provider; or (v) to the transition
coordinator for the service in which the individual is enrolled; and
13. The PERS provider shall obtain and keep on file a copy of
the most recently completed DMAS-225 form. Until the PERS provider obtains a
copy of the DMAS-225 form, the PERS provider shall clearly document efforts to
obtain the completed DMAS-225 form from the personal care provider, respite
care provider, CD services facilitation provider, or ADCC provider.
J. Assistive technology (AT) and environmental modification
(EM) services. AT and EM shall be provided only to waiver individuals who
also participate in the MFP demonstration program by providers who have
current provider participation agreements with DMAS.
1. AT shall be rendered by providers having a current provider
participation agreement with DMAS as durable medical equipment and supply
providers. An independent, professional consultation shall be obtained, as may
be required, from qualified professionals who are knowledgeable of that item
for each AT request prior to approval by either DMAS or the Srv Auth service
authorization contractor and may include training on such AT by the
qualified professional. Independent, professional consultants shall include,
but shall not necessarily be limited to, speech/language therapists, physical
therapists, occupational therapists, physicians, behavioral therapists,
certified rehabilitation specialists, or rehabilitation engineers. Providers
that supply AT for a waiver individual may not perform assessment/consultation,
write specifications, or inspect the AT for that individual. Providers of
services shall not be (i) spouses of the waiver individual or (ii) parents (biological,
(natural, adoptive, step, or foster, or legal guardian) parent)
or legal guardian of the waiver individual. AT shall be delivered within 60
days from the start date of the authorization. The AT provider shall ensure
that the AT functions properly.
2. In addition to meeting the general conditions and
requirements for home and community-based waiver services participating
providers as specified in
12VAC30-120-930, as appropriate, environmental modifications shall be provided
in accordance with all applicable state or local building codes by contractors
who have provider agreements with DMAS. Providers of services shall not be (i)
the spouse of the waiver individual or (ii) the parent (biological, (natural,
adoptive, step, or foster, or legal guardian) parent) or legal
guardian of the waiver individual who is a minor child. Modifications shall
be completed within a year of the start date of the authorization.
3. Providers of AT and EM services shall not be permitted to
recover equipment that has been provided to waiver individuals whenever the
provider has been charged, by either DMAS or its designated service
authorization agent, with overpayments and is therefore being required to
return payments to DMAS.
K. Transition coordination. This service shall be provided
consistent with 12VAC30-120-2000 and 12VAC30-120-2010.
L. K. Transition services. This service shall
be provided consistent with 12VAC30-120-2000 and 12VAC30-120-2010.
L. Skilled private duty nursing.
1. This service shall be provided through either a home
health agency licensed or certified by the VDH for Medicaid participation and
with which DMAS has a contract for either skilled PDN or congregate skilled PDN
or both;
2. Demonstrate a prior successful health care delivery;
3. Operate from a business office; and
4. Employ (or subcontract with) and directly supervise an
RN or an LPN. The LPN and RN shall be currently licensed to practice in the
Commonwealth. Prior to providing skilled PDN services, the RN or LPN shall have
either (i) at least six months of related clinical nursing experience or (ii)
completed a provider training program related to the care and technology needs
of the waiver individual as described in 12VAC30-120-930 I 3. Regardless of
whether a nurse has six months of experience or completes a provider training
course, the provider agency shall be responsible for assuring all nurses who
are assigned to an individual are competent in the care needs of that
individual.
5. As part of direct supervision, the RN supervisor shall
make, at a minimum, a visit every 30 days to ensure both quality and
appropriateness of PDN to assess the individual's and the individual's
representative's satisfaction with the services being provided, to review the
medication and treatments, and to update and verify that the most current
physician signed orders are in the home.
a. The waiver individual shall be present when the
supervisory visits are made;
b. At least every other visit shall be in the individual's
primary residence;
c. When a delay occurs in the RN supervisor's visits
because the individual is unavailable, the reason for the delay shall be
documented in the individual's record, and the visit shall occur as soon as the
individual is available. Failure to meet this standard may result in a DMAS
recovery of payments made.
d. The RN supervisor may delegate personal care aide
supervisory visits to an LPN. The provider's RN or LPN supervisor shall make
supervisory visits at least every 90 days. During visits to the waiver
individual's home, the RN/LPN supervisor shall observe, evaluate, and document
the adequacy and appropriateness of personal care services with regard to the
individual's current functioning status and medical and social needs. The
personal care aide's record shall be reviewed and the waiver individual's or
family/caregiver's, or both, satisfaction with the type and amount of services
discussed.
e. Additional supervisory visits may be required under the
following circumstances: (i) at the provider's discretion; (ii) at the request
of the individual; (iii) when a change in the individual's condition has
occurred; (iv) any time the health, safety, or welfare of the individual could
be at risk; and (v) at the request of the DMAS staff.
6. When skilled respite services are routine in nature and
offered in conjunction with personal care (PC) services for adults, the RN
supervisory visit conducted for personal care may serve as the supervisory
visit for respite services. However, the supervisor shall document supervision
of skilled respite services separately. For this purpose, the same individual
record can be used with a separate section clearly labelled for documentation
of skilled respite services.
7. For DMAS-enrolled skilled PDN providers that also
provide PC services, the provider shall employ or subcontract with and directly
supervise an RN who will provide ongoing supervision of all PCAs. The
supervising RN shall be currently licensed to practice nursing in the
Commonwealth and have at least one year of related clinical nursing experience,
which may include work in an acute care hospital, long-stay hospital,
rehabilitation hospital, or specialized care nursing facility. In addition to
meeting the general conditions and requirements for home and community-based
waiver services participating providers as specified in 12VAC30-120-930 and
12VAC30-120-935, the provision of PC services shall also comply with the
requirements of 12VAC30-120-930.
8. The following documentation shall be maintained for
every individual for whom DMAS-enrolled providers render these services:
a. Physicians' orders for these services shall be
maintained in the individual's record as well as at the individual's primary
residence. All recertifications of the POC shall be performed within the last
five business days of each current 60-day period. The physician shall sign the
recertification before Medicaid reimbursement shall occur;
b. All assessments, reassessments, and evaluations (including
the complete UAI screening packet or risk evaluations) made during the
provision of services, including any required initial assessments by the RN
supervisor completed prior to or on the date services are initiated and changes
to the supporting documentation by the RN supervisor;
c. Progress notes reflecting the individual's status and,
as appropriate, progress toward the identified goals in the POC;
d. All related communication with the individual and the
individual's representative, the DMAS designated agent for service
authorization, consultants, DMAS, VDSS, formal and informal service providers,
all required referrals, as appropriate, to Adult Protective Services or Child
Protective Services and all other professionals concerning the individual;
e. All service authorization decisions rendered by the DMAS
staff or the DMAS-designated service authorization contractor; and
f. All POCs completed with the individual, or
family/caregiver, as appropriate, and specific to the service being provided
and all supporting documentation related to any changes in the POC.
12VAC30-120-945. Payment for covered services.
A. DMAS shall not reimburse providers, either agency-directed
or consumer-directed, for any staff training required by these waiver
regulations or any other training that may be required.
B. All services provided in the EDCD CCC Plus
Waiver shall be reimbursed at a rate established by DMAS in its agency fee
schedule.
1. DMAS or its contractor shall reimburse a per diem
fee for ADHC services that shall be considered as payment in full for all
services rendered to that waiver individual as part of the individual's
approved ADHC plan of care.
2. Agency personal care/respite care and respite
care services shall be reimbursed on an hourly basis consistent with the
agency's fee schedule.
3. Consumer-directed personal care/respite care and
respite care services and skilled PDN shall be reimbursed on an
hourly a quarter-hour basis and consistent with the agency's
fee schedule.
4. Transition services. The total costs of these transition
services shall be limited to $5,000 per waiver individual per lifetime and
shall be expended within nine months from the start date of authorization. Transition
services shall be reimbursed at the actual cost of the item; no mark ups shall
be permitted.
5. Reimbursement for assistive technology (AT) and
environmental modification (EM) services shall be limited to those waiver
individuals who are also participating in the MFP demonstration program as
follows:
a. All AT services provided in the EDCD CCC Plus
Waiver shall be reimbursed as a service limit of one and up to a per member
annual maximum of $5,000 per calendar year regardless of waiver. AT
services in this waiver shall be reimbursed up to a per individual annual MFP
enrollment period not to exceed 12 months. These limits shall apply
regardless of whether the waiver individual remains in this waiver or changes
to another waiver program. AT services shall be reimbursed in a manner that
is reasonable and customary not to exceed the provider's usual and customary
charges to the general public.
b. All EM services provided in the EDCD CCC Plus
Waiver shall be reimbursed per individual annual MFP enrollment period not
to exceed 12 months as a service limit of one and up to a per member
annual maximum of $5,000 per calendar year regardless of waiver. All EM
services shall be reimbursed at the actual cost of material and labor and no
mark ups shall be permitted.
6. DMAS shall reimburse a monthly fee for transition
coordination consistent with the agency's fee schedule.
7. 6. PERS monthly fee payments shall be
consistent with the agency's fee schedule.
C. Duplication of services.
1. DMAS shall not duplicate services that are required as a
reasonable accommodation as a part of the American with Disabilities Act (42
USC §§ 12131 through 12165), the Rehabilitation Act of 1973 (29 USC § 794), or
the Virginians with Disabilities Act (§ 51.5-1 et seq. of the Code of
Virginia).
2. Payment for waiver services shall not duplicate payments
made to public agencies or private entities under other program authorities for
this same purpose. All private insurance benefits for these waiver covered
services shall be exhausted before Medicaid reimbursement can occur as Medicaid
shall be the payer of last resort.
3. DMAS payments for EM services shall not be duplicative in
homes where multiple waiver individuals reside.
Part XVII
Home and Community-Based Services for Technology Assisted Individuals Waiver (Repealed)
12VAC30-120-1700. Definitions. (Repealed.)
The following words and terms when used in this part 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.
"Adult" means an individual who is either 21
years of age or older.
"Adult foster care" means room and board,
supervision, and a locally optional program that may be provided by a single
provider for up to three adults, each of whom has a physical or mental
condition. The provider must be approved by the local department of social
services for the locality in which the provider renders services.
"Adult Protective Services" or "APS"
means a program overseen by the Virginia Department of Social Services that
investigates reports of abuse, neglect, and exploitation of adults 60 years of
age and older and incapacitated adults 18 years of age and older and provides
services when such persons are found to be in need of protective services.
"Agency provider" means a public or private
organization or entity that holds a Medicaid provider agreement and furnishes
services to individuals using its own employees or subcontractors.
"Alternate back up facility" means the alternate
facility placement that the technology assisted individuals must use when home
and community-based waiver services are interrupted. Such facilities may be,
for the purpose of this waiver, an intermediate care facility for the
intellectually disabled (ICF/ID), a long-stay hospital, a specialized care
nursing facility, or an acute care hospital when all technology assisted waiver
criteria are met.
"Americans with Disabilities Act" or
"ADA" means the United States Code pursuant to 42 USC § 12101 et
seq., as amended.
"Appeal" means the process used to challenge
actions regarding services, benefits, and reimbursement provided by Medicaid
pursuant to 12VAC30-110 and Part XII (12VAC30-20-500 et seq.) of 12VAC30-20.
"Applicant" means an individual (or
representative on his behalf) who has applied for or is in the process of
applying for and is awaiting a determination of eligibility for admission to
the technology assisted waiver.
"Assess" means to evaluate an applicant's or an
individual's condition, including functional status, current medical status,
psychosocial history, and environment. Information is collected from the applicant
or individual, applicant's or individual's representative, family, and medical
professionals, as well as the assessor's observation of the applicant or
individual.
"Assessment" means one or more processes that
are used to obtain information about an applicant, including his condition,
personal goals and preferences, functional limitations, health status,
financial status and other factors that are relevant to the determination of
eligibility for services and is required for the authorization of and provision
of services, and forms the basis for the development of the plan of care.
"Assistive technology" or "AT" means
specialized medical equipment and supplies, including those devices, controls,
or appliances specified in the plan of care but not available under the State
Plan for Medical Assistance, that (i) enable individuals to increase their
abilities to perform ADLs/IADLs and to perceive, control, or communicate with
the environment in which they live or (ii) are necessary for the proper functioning
of the specialized equipment; cost effective; and appropriate for the
individual's assessed medical needs and physical deficits.
"Backup caregiver" means the secondary person
who will assume the role of providing direct care to and support of the waiver
individual in instances of emergencies and in the absence of the primary
caregiver who is unable to care for the individual. Such secondary persons
shall perform the duties needed by the waiver individual without compensation
and shall be trained in the skilled needs and technologies required by the
waiver individual. Such secondary persons must be identified in the waiver
individual's records.
"Barrier crime" means those crimes as defined in
§ 32.1-162.9:1 of the Code of Virginia that would prohibit either the
employment or the continuation of employment if a person is found, through a
Virginia State Police criminal history record check, to have been convicted of
such a crime.
"CMS-485 Home Health Certification form" means
the federal Home Health Service Plan form.
"Center for Medicare and Medicaid Services" or
"CMS" means the unit of the U.S. Department of Health and Human
Services that administers the Medicare and Medicaid programs.
"Child Protective Services" or "CPS"
means a program overseen by the Department of Social Services that investigates
reports of abuse, neglect, and exploitation of children younger than 18 years
of age and provides services when persons are found to be in need of protective
services.
"Code of Federal Regulations" or "CFR"
contains the regulations that have been officially adopted by federal agencies
and have the force and effect of federal law.
"Congregate living arrangement" means a living
arrangement in which three or fewer waiver individuals live in the same
household and share receipt of health care services from the same provider or
providers.
"Congregate skilled private duty nursing" means
skilled in-home nursing provided to three or fewer waiver individuals in the
individuals' primary residence or a group setting.
"Congregate private duty respite" means skilled
respite care provided to three or fewer waiver individuals. This service shall
be limited to 360 hours per calendar year per household.
"Cost-effective" means the anticipated annual
cost to Medicaid for technology assisted waiver services shall be less than or
equal to the anticipated annual institutional costs to Medicaid for individuals
receiving care in hospitals or specialized care nursing facilities.
"Day" means, for the purpose of reimbursement
under this waiver, a 24-hour period beginning at 12 a.m. and ending at 11:59
p.m.
"DBHDS" means the Department of Behavioral
Health and Developmental Services.
"DMAS" means the Department of Medical
Assistance Services.
"Direct marketing" means one of the following:
(i) conducting directly or indirectly door-to-door, telephonic or other
"cold call" marketing of services at residences and provider sites;
(ii) mailing directly; (iii) paying "finders' fees"; (iv) offering
financial incentives, rewards, gifts, or special opportunities to eligible
individuals and the individual's family/caregiver, as appropriate, as
inducements to use the providers' services; (v) continuous, periodic marketing
activities to the same prospective individual and the individual's family/caregiver,
as appropriate, for example, monthly, quarterly, or annual giveaways as
inducements to use the providers' services; or (vi) engaging in marketing
activities that offer potential customers rebates or discounts in conjunction
with the use of the providers' services or other benefits as a means of
influencing the individual and the individual's family/caregiver, as
appropriate, use of the providers' services.
"Direct medical benefit" means services or
supplies that are proper and needed for the diagnosis or treatment of a medical
condition; are provided for the diagnosis, direct care, and treatment of the
condition; and meet the standards of good professional medical practice.
"Direct supervision" means that the supervising
registered nurse (RN) is immediately accessible by phone to the RN, licensed
practical nurse or personal care aide who is delivering waiver covered services
to individuals.
"Durable medical equipment (DME) and supplies"
means those items prescribed by the attending physician, generally recognized
by the medical community as serving a diagnostic or therapeutic purpose to
assist the waiver individual in the home environment, and as being a medically
necessary element of the service plan without regard to whether those items are
covered by the State Plan for Medical Assistance.
"Eligibility determination" is the process to
determine whether an individual meets the eligibility requirements specified by
DMAS to receive Medicaid benefits and continues to be eligible as determined
annually.
"Enrolled provider" means those professional
entities or facilities who are registered, certified, or licensed, as
appropriate, and who are also enrolled by DMAS to render services to eligible
waiver individuals and receive reimbursement for such services.
"Enrollment" means the process where an
individual has been determined to meet the eligibility requirements for a
Medicaid program or service and the approving entity has verified the
availability of services for the individual requesting waiver enrollment and
services.
"Environmental modifications" or "EM"
means physical adaptations to an individual's primary residence or primary
vehicle that are necessary to ensure the individual's health, safety, or
welfare or that enable the individual to function with greater independence and
without which the individual would require institutionalization.
"EPSDT" means the Early Periodic Screening,
Diagnosis and Treatment program administered by DMAS for children younger than
21 years of age according to federal guidelines that prescribe preventive and
treatment services for Medicaid-eligible children as set out in 12VAC30-50-130.
"Evaluation tool" means the tool that is used to
determine the medical appropriateness for technology assisted waiver enrollment
or services. Individuals younger than 21 years of age shall be assessed using
the Technology Assisted Waiver Pediatric Referral Form (DMAS-109) and
individuals 21 years of age or older shall be assessed using the Technology
Assisted Waiver Adult Referral form (DMAS-108).
"Freedom of choice" means the right afforded an
individual who is determined to require a level of care specified in a waiver
to choose (i) either institutional or home and community-based services
provided there are available funded slots, (ii) providers of services, and
(iii) waiver services as may be limited by medical necessity.
"Functional status" means an individual's degree
of dependence in performing ADLs/IADLs.
"Health, safety, and welfare standard" means
that an individual's right to receive a waiver service is dependent on a DMAS
determination that the waiver individual needs the medically necessary service
based on appropriate assessment criteria and an approved written plan of care
and that medically necessary services can be safely provided in the community.
"Home and community-based waiver services" or
"waiver services" means the range of home and community services
approved by the CMS pursuant to § 1915(c) of the Social Security Act to be
offered to individuals as an alternative to institutionalization.
"Individual" means the person who has applied
for and been approved to receive technology assisted waiver services.
"Individual's representative" means a spouse,
guardian, adult child, parent (natural, adoptive, step, or foster) of a minor
child, or other person chosen by the member to represent him in matters
relating to his care or to function as the member's primary caregiver as
defined herein.
"Instrumental activities of daily living" 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 the appropriate level of care and service
needs.
"Legally responsible person" means one who has a
legal obligation under the provisions of state law to care for and make
decisions for an individual. Legally responsible persons shall include the
parents (natural, adoptive, or legal guardian) of minor children, and legally
assigned caregiver relatives of minor children.
"Level of care" or "LOC" means the
specification of the minimum amount of assistance an individual must require in
order to receive services in an institutional setting under the State Plan for
Medical Assistance Services or to receive waiver services.
"License" means proof of official or legal
permission issued by the government for an entity or person to perform an
activity or service. In the absence of a license that may be required by either
statute or regulation, the entity or person shall be prohibited from performing
the activity or service for reimbursement by DMAS.
"Licensed practical nurse" or "LPN"
means a person who is licensed or holds a multi-state licensure privilege,
pursuant to Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 of the Code of
Virginia, to practice practical nursing as defined.
"Long-term care" or "LTC" means a
variety of services that help individuals with health or personal care needs
and ADLs over a period of time. Long-term care can be provided in the home, in
the community, or in various types of facilities, including nursing facilities,
long-stay hospitals, and ICF/IDs.
"Medicaid" means the joint federal and state
program to assist the states in furnishing medical assistance to eligible needy
persons pursuant to Title XIX of the Social Security Act (42 USC § 1396 et
seq.).
"Medicaid Long Term Care Communication Form" or
"DMAS-225" means the form used to exchange eligibility information of
a Medicaid-eligible individual or other information that may affect the
individual's eligibility status.
"Medically necessary" means those services or
specialized medical equipment or supplies that are covered for reimbursement
under either the State Plan for Medical Assistance or in a waiver program that
are reasonable, proper, and necessary for the treatment of an illness, injury,
or deficit; are provided for direct care of the condition or to maintain or
improve the functioning of a malformed body part; and that meet the standards
of good professional medical practice as determined by DMAS.
"Minor child" means an individual who is younger
than 21 years of age.
"Money Follows the Person" or "MFP"
means the demonstration program as set out in 12VAC30-120-2000 and
12VAC30-120-2010.
"Monitoring" means the ongoing oversight of the
provision of waiver and other services to determine that they are furnished
according to the waiver individual's plan of care and effectively meet his
needs, thereby assuring his health, safety, and welfare. Monitoring activities
may include, but shall not be limited to, telephone contact; observation;
interviewing the individual or the trained individual representative, as
appropriate, in person or by telephone; or interviewing service providers.
"Participating provider" or "provider"
means an entity that meets the standards and requirements set forth by the
appropriate licensing or certification agencies and who has a current, signed
provider participation agreement with DMAS.
"Payor of last resort" means all other payment
sources must be exhausted before enrollment in the technology assisted waiver
and Medicaid reimbursement may occur.
"Personal care aide" or "PCA" means an
appropriately licensed or certified person who provides personal care services.
"Personal care provider" means an enrolled
provider that renders services that prevent or reduce institutional care by
providing eligible waiver individuals with PCAs who provide personal care
services.
"Personal care (PC) services" means a range of
support services that includes assistance with ADLs/IADLs, access to the
community, and self-administration of medication or other medical needs, and
the monitoring of health status and physical condition provided through the
agency-directed model. Personal care services shall be provided by PCAs within
the scope of their licenses or certifications, as appropriate.
"Person-centered planning" means a process,
directed by the individual or his representative, as appropriate, that is
intended to identify the strengths, capacities, preferences, needs, and desired
outcomes for the individual.
"Plan of care" or "POC" means the
written plan of waiver services and supplies ordered and certified by the
attending physician as being medically needed by the individual to ensure
optimal health and safety for an extended period of time while the individual
is living in the community. This POC shall be developed collaboratively by the
individual or individual representative, as appropriate.
"Preadmission screening" or "PAS"
means the process to (i) evaluate the functional, nursing, and social support
needs of applicants referred for preadmission screening; (ii) assist applicants
in determining what specific services the applicants need; (iii) evaluate
whether a service or a combination of existing community services are available
to meet the applicants' needs; and (iv) refer applicants to the appropriate
provider for Medicaid-funded facility or home and community-based care for
those who meet specialized care nursing facility level of care.
"Preadmission screening team" or "PAS
team" means the entity contracted with DMAS that is responsible for
performing preadmission screening pursuant to § 32.1-330 of the Code of
Virginia.
"Primary caregiver" means the primary person who
consistently assumes the role of providing direct care and support of the individual
to live successfully in the community without compensation for providing such
care.
"Provider agreement" means the contract between
DMAS and a participating provider under which the provider agrees to furnish
services to Medicaid-eligible individuals in compliance with state and federal
statutes and regulations and Medicaid contract requirements.
"Reevaluation" means the periodic but at least
annual review of an individual's condition and service needs to determine
whether the individual continues to meet the LOC specified for persons approved
for waiver participation.
"Registered nurse" or "RN" means a
person who is licensed or holds a multi-state licensure privilege pursuant to
Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 of the Code of Virginia to
practice professional nursing as defined.
"Service authorization" or "serv auth"
means the DMAS approval of a requested medical service for reimbursement prior
to the provision of the service. Service authorizations shall be performed by
DMAS or its service authorization contractor.
"Service authorization contractor" means DMAS or
the entity that has been contracted by DMAS to perform service authorization
for medically necessary Medicaid reimbursed home and community-based services.
"Single state agency" means the agency within
state government that has been designated pursuant to § 1902(a)(5) of the
Act as responsible for the administration of the State Plan for Medical
Assistance. In Virginia, the single state agency is DMAS.
"Skilled private duty nursing respite care
provider" means a DMAS participating provider that renders services in the
individual's designated primary care residence to offer periodic or routine
relief for unpaid primary caregivers.
"Skilled private duty nursing respite care
services" means temporary skilled nursing services provided in the waiver
individual's primary residence that are designed to relieve the unpaid primary
caregiver on an episodic or routine basis for short periods or for specified
longer periods of time.
"Skilled private duty nursing services" or
"skilled PDN" means skilled in-home nursing services listed in the
POC that are (i) not otherwise covered under the State Plan for Medical
Assistance Services home health benefit; (ii) required to prevent institutionalization;
(iii) provided within the scope of the Commonwealth's Nurse Practice Act and
Drug Control Act (Chapters 30 (§ 54.1-3000 et seq.) and 34
(§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia,
respectively); and (iv) provided by a licensed RN, or by an LPN under the
supervision of an RN, to waiver members who have serious medical conditions or
complex health care needs. Skilled nursing services are to be used as hands-on
member care, training, consultation, as appropriate, and oversight of direct
care staff, as appropriate.
"State Plan for Medical Assistance" or
"State Plan" means the Commonwealth's legal document approved by CMS
identifying the covered groups, covered services and their limitations, and
provider reimbursement methodologies as provided for under Title XIX of the
Social Security Act.
"Technology assisted waiver" or "tech
waiver" means the CMS-approved waiver that provides medically necessary
covered services to individuals who are chronically ill or severely impaired,
having experienced loss of a vital body function, and who require substantial
and ongoing skilled nursing care to avert death or further disability and whose
illness or disability would, in the absence of services approved under this
waiver, require their admission for a prolonged stay in a hospital or
specialized care nursing facility.
"Termination" means disenrollment from a waiver
by DMAS or a DMAS-designated agent.
"Transition services" means set-up expenses for
individuals as defined at 12VAC30-120-2010.
"VDH" or "Department of Health" means
the Virginia Department of Health.
"VDSS" means the Virginia Department of Social
Services.
"Ventilator dependence" means that the waiver
individual is dependent on such machines in order to sustain life or compensate
for the loss of body function.
"Virginia Uniform Assessment Instrument" or
"UAI" means the standardized multidimensional questionnaire that
assesses an individual's physical health, mental health, psychosocial, and
functional abilities to determine if the individual meets the nursing facility
LOC.
12VAC30-120-1705. Waiver description and legal authority.
(Repealed.)
A. Home and community-based waiver services shall be
available through a § 1915(c) waiver of the Social Security Act. Under
this waiver, DMAS has waived § 1902(a) (10) (B) and (C) of the Social
Security Act related to comparability of services.
B. Technology assisted waiver services shall be covered
only for Medicaid-eligible individuals who have been determined eligible for
waiver services and who also require the level of care provided in either
long-stay hospitals or specialized care nursing facilities as long as age
appropriate criteria are met. These services shall be the critical service
necessary to delay or avoid the individual's placement in an appropriate
facility. These waiver services shall not be covered for Medicaid-eligible
individuals who reside in, but not necessarily limited to, the following types
of facilities: assisted living facilities, nursing facilities, rehabilitation
hospitals, long-stay hospitals, skilled or intermediate care nursing
facilities, Intermediate Care Facilities for the Intellectually Disabled, group
homes licensed by DBHDS, general acute care hospitals, or adult foster care
homes.
C. An individual shall demonstrate the medical necessity
for skilled private duty nursing services in order to be approved for this
waiver.
D. The cost effectiveness standard that shall be applied
for individuals in this waiver shall be in the aggregate.
E. Payments for tech waiver services shall not be provided
to any financial institution or entity located outside of the United States
pursuant to the Social Security Act § 1902(a)(80). Payments for tech
waiver services furnished in another state shall (i) be provided for an individual
who meets the requirements of 42 CFR § 431.52 and (ii) be limited to the same
number of skilled PDN hours approved for the individual's home-based skilled
PDN.
F. An individual shall not simultaneously be in a managed
care program and enrolled in this waiver. An individual shall not be
simultaneously enrolled in more than one waiver program.
G. For individuals admitted to this waiver, when
their waiver services must be interrupted due to their primary caregiver's
emergency unavailability, then hospitalization or placement in a specialized
nursing facility, should a specialized care nursing facility bed be available,
shall occur.
H. DMAS shall be responsible for assuring appropriate
placement of the individual in home and community-based waiver services and
shall have the authority to terminate such services.
I. No waiver services shall be reimbursed until after both
the provider enrollment process and individual eligibility process have been
completed.
12VAC30-120-1710. Individual eligibility requirements;
preadmission screening. (Repealed.)
A. Individual eligibility requirements.
1. The Commonwealth covers these optional categorically
needy groups: ADC and AFDC-related individuals; SSI and SSA-related
individuals; aged, blind, or disabled Medicaid-eligible individuals under 42
CFR 435.121; and the home and community-based waiver group at 42 CFR 435.217
that includes individuals who are eligible under the State Plan if they were
institutionalized.
a. The income level used for the home and community-based
waiver group at 42 CFR 435.217 shall be 300% of the current Supplemental
Security Income payment standard for one person.
b. Medically needy Medicaid-eligible individuals shall be
eligible if they meet the medically needy financial requirements for income and
resources.
2. Under this waiver, the coverage groups authorized under
§ 1902(a)(10)(A)(ii)(VI) of the Social Security Act shall be considered as
if they were institutionalized for the purpose of applying institutional
deeming rules. All individuals in the waiver must meet the financial and
non-financial Medicaid eligibility criteria and meet the institutional LOC
criteria. The deeming rules shall be applied to waiver eligible individuals as
if they were residing in an institution or would require that level of care.
3. An applicant for technology assisted waiver shall meet
specialized care nursing facility criteria, including both medical and
functional needs, and also be dependent on waiver services to avoid or delay
facility placement and meet all criteria for the age appropriate assessments in
order to be eligible for the tech waiver. Applicants shall not be enrolled in
the tech waiver unless skilled private duty nursing (PDN) hours are ordered by
the physician. The number of skilled PDN hours shall be based on the total
technology and nursing score on the Technology Assisted Waiver Pediatric
Referral form, DMAS-109 (when individuals are younger than 21 years of age).
The number of skilled PDN hours for adults shall be based on the Technology
Assisted Waiver Adult Referral form (DMAS-108).
4. Applicants who are eligible for third-party payment for
skilled private duty nursing services shall not be eligible for these waiver
services. If an individual or an individual's legally responsible party
voluntarily drops any insurance plan that would have provided coverage of
skilled private duty nursing services in order to become eligible for these
waiver services within one year prior to the date waiver services are
requested, eligibility for the waiver shall be denied. From the date that such
insurance plan is discontinued, such applicants shall be barred for one year
from reapplying for waiver services. After the passage of the one-year time
period, the applicant may reapply to DMAS for admission to the tech waiver.
5. In addition to the medical needs identified in this
section, the Medicaid-eligible individual shall be determined to need
substantial and ongoing skilled nursing care. The Medicaid-eligible individual
shall be required to meet a minimum standard on the age appropriate referral
forms to be eligible for enrollment in the tech waiver.
6. Medicaid-eligible individuals who entered the waiver
prior to their 21st birthday shall, on the date of their 21st birthday, conform
to the adult medical criteria and cost-effectiveness standards.
7. Every individual who applies for Medicaid-funded waiver
services must have his Medicaid eligibility evaluated or re-evaluated, if
already Medicaid eligible, by the local DSS in the city or county in which he
resides. This determination shall be completed at the same time the
preadmission screening (PAS) team completes its evaluation (via the use of the
Uniform Assessment Instrument (UAI)) of whether the applicant meets waiver
criteria. DMAS payment of waiver services shall be contingent upon the DSS
determination that the individual is eligible for Medicaid services for the
dates that waiver services are to be provided and that DMAS or the designated
service authorization contractor has authorized waiver enrollment and has prior
authorized the services that will be required by the individual.
8. In order for an enrolled waiver individual to retain his
enrolled status, tech waiver services must be used by the individual at least
once every 30 days. Individuals who do not utilize tech waiver services at
least once every 30 days shall be terminated from the waiver.
9. The waiver individual shall have a trained primary
caregiver, as defined in 12VAC30-120-1700, who accepts responsibility for the
individual's health, safety, and welfare. This primary caregiver shall be
responsible for all hours not provided by the provider agency's RN or LPN. The
name of the trained primary caregiver shall be documented in the provider
agency records. This trained primary caregiver shall also have a back up system
available in emergency situations.
B. Screening and community referral for authorization for
tech waiver. Tech waiver services shall be considered only for individuals who
are eligible for Medicaid and for admission to a specialized care nursing
facility, ICF/ID, long-stay hospital, or acute care hospital when those
individuals meet all the criteria for tech waiver admission. Such individuals,
with the exception of those who are transferring into this tech waiver from a
long-stay hospital, shall have been screened using the Uniform Assessment
Instrument (UAI).
1. The screening team shall provide the individual and
family or caregiver with the choice of tech waiver services or specialized care
nursing facility or long-stay hospital placement, as appropriate, as well as
the provider of those services from the time an individual seeks waiver
information or application and referral. Such provision of choice includes the
right to appeal pursuant to 12VAC30-110 when applicable.
2. The screening team shall explore alternative care
settings and services to provide the care needed by the applicant being
screened when Medicaid-funded home and community-based care services are
determined to be the critical service necessary to delay or avoid facility
placement.
3. Individuals must be screened to determine necessity for
nursing facility placement if the individual is currently financially Medicaid
eligible or anticipates that he will be financially eligible within 180 days of
the receipt of nursing facility care or if the individual is at risk of nursing
facility placement.
a. Such covered waiver services shall be critical, as
certified by the participant's physician at the time of assessment, to enable
the individual to remain at home and in the community rather than being placed
in an institution. In order to meet criteria for tech waiver enrollment, the
applicant requesting consideration for waiver enrollment must meet the level of
care criteria.
b. Individuals who are younger than 21 years of age shall
have the Technology Assisted Waiver Pediatric Referral form (DMAS-109)
completed and must require substantial and ongoing nursing care as indicated by
a minimum score of at least 50 points to qualify for waiver enrollment. This
individual shall require a medical device and ongoing skilled PDN care by
meeting the categories described in subdivision (1), (2), or (3) below:
(1) Applicants depending on mechanical ventilators;
(2) Applicants requiring prolonged intravenous
administration of nutritional substances or drugs or requiring ongoing
peritoneal dialysis; or
(3) Applicants having daily dependence on other
device-based respiratory or nutritional support, including tracheostomy tube
care, oxygen support, or tube feeding.
c. Individuals who are 21 years of age or older shall have
the Technology Assisted Waiver Adult Referral form (DMAS-108) completed and
must be determined to be dependent on a ventilator or must meet all eight
specialized care criteria (12VAC30-60-320) for complex tracheostomy care in
order to qualify for waiver enrollment.
4. When an applicant has been determined to meet the
financial and waiver eligibility requirements and DMAS has verified the
availability of the services for that individual and that the individual has no
other payment sources for skilled PDN, tech waiver enrollment and entry into
home and community-based care may occur.
5. A PAS is considered valid for the following timeframes.
The validity of a PAS applies to individuals who are screened, meet the
criteria for long-term care services, but have not yet begun receiving services
during the periods outlined in subdivisions 5 a through 5 f of this subsection.
a. Zero to 180 days. Screenings are valid and do not
require revisions or a new screening.
b. 181 days to 12 months. Screening revisions are required;
revisions may also be done if there is a significant change in an individual's
medical or physical condition. Revisions should be entered into the ePAS
system, per the Medicaid web portal instructions, resulting in a claim being
generated for the screening revision. For the purposes of this subdivision,
"Electronic preadmission screening" or "ePAS" means the
automated system for use by all entities contracted by DMAS to perform
preadmission screenings pursuant to § 32.1-330 of the Code of Virginia. DMAS
will cover the cost of the PAS.
c. Over 12 months. A new screening is required and
reimbursement is made by DMAS. New screenings must be entered into ePAS
according to the Medicaid web portal instructions.
d. Break in services. When an individual starts and then
stops services for a period of time exceeding 30 consecutive calendar days, the
PAS team will need to complete a revised screening prior to service resumption
if the individual has not received any Medicaid funded long-term care services
during the break in service delivery. DMAS will cover the cost of the PAS.
e. In any other circumstances, including hospitalization,
that cause services to cease or to be interrupted for more than 30 consecutive
calendar days, the individuals shall be referred back to the local department
of social services for redetermination of his Medicaid eligibility. The
provider shall be responsible for notifying the local department of social
services via the DMAS-225 form when there is an interruption of services for 30
consecutive calendar days or upon discharge from the provider's services.
f. If the individual has been receiving ongoing services
either through a nursing facility or a home and community-based service
program, the screening timeframes do not apply.
6. When an individual was not screened prior to admission
to a specialized care nursing facility, or the individual resides in the
community at the time of referral initiation to DMAS, the locality in which the
individual resides at the time of discharge shall complete the preadmission
screening prior to enrollment into the tech waiver.
7. DMAS shall be the final determining body for enrollment
in the tech waiver and the determination of the number of approved skilled PDN
hours for which DMAS will pay. DMAS has the ultimate responsibility for
authorization of waiver enrollment and Medicaid skilled PDN reimbursement for
tech waiver services.
C. Waiver individuals' rights and responsibilities. DMAS
shall ensure that:
1. Each waiver individual shall receive, and the provider
and provider staff shall provide, the necessary care and services, to the
extent of provider availability, to attain or maintain the highest practicable
physical, mental, and psychosocial well-being, in accordance with the
individual's comprehensive assessment and POC.
2. Waiver individuals shall have the right to receive
services from the provider with reasonable accommodation of the individuals'
needs and preferences except when DMAS makes a determination that the health,
safety, or welfare of the individuals or other waiver individuals would be
endangered.
3. Waiver individuals formulate their own advance
directives based on information that providers must give to adult waiver
individuals at the time of their admissions to services.
4. All waiver individuals shall have the right to:
a. Voice grievances to the provider or provider staff
without discrimination or reprisal. Such grievances include those with respect
to treatment that has been furnished or has not been furnished;
b. Prompt efforts by the provider or staff, as appropriate,
to resolve any grievances the waiver individual may have;
c. Be free from verbal, sexual, physical, and mental abuse,
neglect, exploitation, and misappropriation of property;
d. Be free from any physical or chemical restraints of any
form that may be used as a means of coercion, discipline, convenience, or
retaliation and that are not required to treat the individual's medical
symptoms; and
e. Their personal privacy and confidentiality of their
personal and clinical records.
5. Waiver individuals shall be provided by their health
care providers, at the time of their admission to this waiver, with written
information regarding their rights to participate in medical care decisions, including
the right to accept or refuse medical treatment and the right to formulate
advance directives.
6. The legally competent waiver individual, the waiver
individual's legal guardian, or the parent (natural, adoptive or foster) of the
minor child shall have the right to:
a. Choose whether the individual wishes to receive home and
community-based care waiver services instead of institutionalization in
accordance with the assessed needs of the individual. The PAS team shall inform
the individual of all available waiver service providers in the community in
which the waiver individual resides. The tech waiver individual shall have the
option of selecting the provider and services of his choice. This choice must
be documented in the individual's medical record;
b. Choose his own primary care physician in the community
in which he lives;
c. Be fully informed in advance about the waiver POC and
treatment needs as well as any changes in that care or treatment that may
affect the individual's well-being; and
d. Participate in the care planning process, choice, and
scheduling of providers and services.
12VAC30-120-1720. Covered services; limits; changes to or
termination of services. (Repealed.)
A. Coverage statement.
1. These waiver services shall be medically necessary,
cost-effective as compared to the costs of institutionalization, and necessary
to maintain the individual safely in the community and prevent
institutionalization.
2. Services shall be provided only to those individuals
whose service needs are consistent with the service description and for which
providers are available who have adequate and appropriate staffing to meet the
needs of the individuals to be served.
3. All services covered through this waiver shall be
rendered according to the individuals' POCs that have been certified by
physicians as medically necessary and also reviewed by DMAS to enable the
waiver enrolled individuals to remain at home or in the community.
4. Providers shall be required to refund payments received
to DMAS if they (i) are found during any review to have billed Medicaid
contrary to policy, (ii) have failed to maintain records to support their
claims for services, or (iii) have billed for medically unnecessary services.
5. DMAS shall perform service authorization for skilled PDN
services, PC for adults, and transition services. DMAS or the service
authorization contractor shall perform service authorization for skilled
private duty respite services, AT services and EM services.
6. When a particular service requires service
authorization, reimbursement shall not be made until the service authorization
is secured from either DMAS or the DMAS-designated service authorization
contractor.
B. Covered services. Covered services shall include:
skilled PDN; skilled private duty respite care; personal care only for adults,
assistive technology; environmental modifications; and transition services only
for individuals needing to move from a designated institution into the
community or for waiver individuals who have already moved from an institution
within 30 days of their transition. Coverage shall not be provided for these
services for individuals who reside in any facilities enumerated in
12VAC30-120-1705. Skilled PDN shall be a required service. If an individual has
no medical necessity for skilled PDN, he shall not be admitted to this waiver.
All other services provided in this waiver shall be provided in conjunction
with the provision of skilled PDN.
1. Skilled PDN, for a single individual and congregate
group settings, as defined in 12VAC30-120-1700, shall be provided for waiver
enrolled individuals who have serious medical conditions or complex health care
needs. To receive this service, the individuals must require specific skilled
and continuous nursing care on a regularly scheduled or intermittent basis
performed by an RN or an LPN. Upon completion of the required screening and
required assessments and a determination that the individual requires
substantial and ongoing skilled nursing care and waiver enrollment then the PDN
hours shall be authorized by the DMAS staff.
a. PDN services shall be rendered according to a POC
authorized by DMAS and shall have been certified by a physician as medically
necessary to enable the individual to remain at home.
b. No reimbursement shall be provided by DMAS for either RN
or LPN services without signed physician orders that specifically identify
skilled nursing tasks to be performed for the individual.
c. Limits placed on the amount of PDN that will be approved
for reimbursement shall be consistent with the individual's age-appropriate
technology assisted waiver referral form (DMAS-108 or DMAS-109) and medical
necessity. Except for a minor individual's care during his first 15 days
following initial enrollment into this waiver, in no instances shall the
individual's POC or ongoing multiple POCs result in coverage of more than 112
hours of skilled PDN per week (Sunday through Saturday). The maximum number of
approved hours authorized per week for minor children shall be based on their
total approved points documented on the Technology Assisted Waiver Pediatric
Referral form (DMAS-109). The maximum skilled PDN hours authorized per week for
adult individuals shall be based on their technology and medical necessity
justification documented on the Technology Assisted Waiver Adult Referral form
(DMAS-108).
(1) The number of skilled PDN hours for minor individuals
shall be based on the total technology and nursing score on the Technology
Assisted Waiver Pediatric Referral form (DMAS-109) and updated by the DMAS
staff when changes occur and with annual waiver eligibility redetermination by
DMAS.
(2) Once the minor individual's composite score (total
score) is derived, a LOC is designated for the individual as a Level A, B, or
C. This LOC designation determines the maximum number of hours per week of
skilled PDN that DMAS may allocate for a pediatric individual. Any hours beyond
the approved maximum for such individual's LOC shall be medically necessary and
service authorized by DMAS. Any POC submitted without approval for hours beyond
the approved maximum for any particular LOC will only be entered for the
approved maximum for that LOC.
(3) The results of the scoring assessment determine the
maximum amount of hours available and authorization shall occur as follows:
(a) 50 – 56 points = 70 hours per week.
(b) 57 – 79 points = 84 hours per week.
(c) 80 points or greater = 112 hours per week.
(4) For minor individuals, whether living separately or in
a congregate setting, during the first 15 calendar days after such individuals'
initial admission to the waiver, skilled PDN may be covered for up to 24-hours
per day, if required and appropriate to assist the family in adjustment to the
care associated with technology assistance. After these first 15 calendar days,
skilled PDN shall be reimbursed up to the maximum allowable hours per week
based on the individual's total technology and nursing scores and provided that
the aggregate cost-effectiveness standard is not exceeded for the individual's
care.
(5) When reimbursement is to be made for skilled PDN
services to be provided in schools, the nurse shall be in the same room as the
waiver individual for the hours of skilled PDN care billed. When an individual
receives skilled PDN while attending school, the total skilled PDN hours shall
not exceed the authorized number of hours under his nursing score category on
the Technology Assisted Waiver Pediatric Referral form (DMAS-109).
(6) For adult individuals, whether living separately or in
a congregate setting, skilled PDN shall be reimbursed up to a maximum of 112
hours per week (Sunday through Saturday) per tech waiver individual living in
the household based on the individual's technology and medical justification
and provided that the aggregate cost-effectiveness standard is not exceeded for
the individual's care.
(7) The adult individual shall be determined to need a
medical device and ongoing skilled nursing care when such individual meets
Category A or all eight criteria in Category B:
(a) Category A. Individuals who depend on mechanical
ventilators; or
(b) Category B. Individuals who have a complex tracheostomy
as defined by:
(i) Tracheostomy with the potential for weaning off of it,
or documentation of attempts to wean, with subsequent inability to wean;
(ii) Nebulizer treatments ordered at least four times a day
or nebulizer treatments followed by chest physiotherapy provided by a nurse or
respiratory therapist at least four times a day;
(iii) Pulse oximetry monitoring at least every shift due to
unstable oxygen saturation levels;
(iv) Respiratory assessment and documentation every shift
by a licensed respiratory therapist or nurse;
(v) Have a physician's order for oxygen therapy with
documented usage;
(vi) Receives tracheostomy care at least daily;
(vii) Has a physician's order for tracheostomy suctioning;
and
(viii) Deemed at risk to require subsequent mechanical
ventilation.
(8) Skilled PDN services shall be available to individuals
in their primary residence with some community integration (e.g., medical appointments
and school) permitted.
(9) Skilled PDN services may include consultation and
training for the primary caregiver.
d. The provider shall be responsible for notifying DMAS
should the primary residence of the individual be changed, should the individual
be hospitalized, should the individual die, or should the individual be out of
the Commonwealth for 48 hours or more.
e. Exclusions from DMAS' coverage of skilled PDN:
(1) This service shall not be authorized when intermittent
skilled nursing visits could be satisfactorily utilized while protecting the
health, safety, and welfare of the individual.
(2) Skilled PDN hours shall not be reimbursed while the
individual is receiving emergency care or during emergency transport of the
individual to such facilities. The RN or LPN shall not transport the waiver
individual to such facilities.
(3) Skilled PDN services may be ordered but shall not be
provided simultaneously with PDN respite care or personal care services as
described in this section.
(4) Parents (natural, adoptive, legal guardians), spouses,
siblings, grandparents, grandchildren, adult children, other legal guardians,
or any person living under the same roof with the individual shall not provide
skilled PDN services for the purpose of Medicaid reimbursement for the waiver
individual.
(5) Providers shall not bill prior to receiving the
physician's dated signature on the individual's POC for services provided and
the DMAS staff's authorization/determination of skilled PDN hours.
(6) Time spent driving the waiver individual shall not be
reimbursed by DMAS.
f. Congregate skilled PDN.
(1) If more than one waiver individual will reside in the
home, the same waiver provider or providers shall be chosen to provide all
skilled PDN services for all waiver individuals in the home.
(2) Only one nurse shall be authorized to care for no more
than two waiver individuals in such arrangements. In instances when three
waiver individuals share a home, nursing ratios shall be determined by DMAS or
its designated agent based on the needs of all the individuals who are living
together. These congregate skilled PDN hours shall be at the same scheduled
shifts.
(3) The primary caregiver shall be shared and shall be
responsible for providing all care needs when a private duty nurse is not
available.
(4) DMAS shall not reimburse for skilled PDN services
through the tech waiver and skilled PDN services through the EPSDT benefit for
the same individual at the same time.
2. Skilled private duty respite care services. Skilled
private duty respite care services may be covered for a maximum of 360 hours
per calendar year for individuals who are qualified for tech waiver services
and regardless of whether the waiver individual changes waivers and whose
primary caregiver requires temporary or intermittent relief from the burden of
caregiving.
a. This service shall be provided by skilled nursing staff
licensed to practice in the Commonwealth under the direct supervision of a
licensed, certified, or accredited home health agency and with which DMAS has a
provider agreement to provide skilled PDN.
b. Skilled private duty respite care services shall be
comprised of both skilled and hands-on care of either a supportive or
health-related nature and includes (i) all skilled nursing care as ordered on
the physician-certified POC, (ii) assistance with ADLs and IADLs, (iii)
administration of medications or other medical needs, and (iv) monitoring of
the health status and physical condition of the individual or individuals.
c. When skilled private duty respite services are offered
in conjunction with skilled PDN, the same individual record may be used with a
separate section for skilled private duty respite services documentation.
d. Individuals who are living in congregate arrangements
shall be permitted to share skilled private duty respite care service
providers. The same limits on this service in the congregate setting (360 hours
per calendar year per household) shall apply.
e. Skilled private duty respite care services shall be
provided in the individual's primary residence as is designated upon admission
to the waiver.
3. Assistive technology (AT) services. Assistive
technology, as defined in 12VAC30-120-1700, devices shall be portable and shall
be authorized per calendar year.
a. AT services shall be available for enrolled waiver
individuals who are receiving skilled PDN. AT services are the specialized
medical equipment and supplies, including those devices, controls, or
appliances, specified in the individual's plan of care, but that are not available
under the State Plan for Medical Assistance, that enable waiver individuals to
increase their abilities to perform ADLs/IADLs, or to perceive, control, or
communicate with the environment in which they live. This service includes
ancillary supplies and equipment necessary to the proper functioning of such
items.
b. An independent, professional consultation shall be
obtained from qualified professionals who are knowledgeable of that item for
each AT request prior to approval by DMAS or the designated service
authorization contractor. Individual professional consultants include
speech/language therapists, physical therapists, occupational therapists,
physicians, certified rehabilitation engineers or rehabilitation specialists. A
prescription shall not meet the standard of an assessment.
c. In order to qualify for these services, the individual
must have a demonstrated need for equipment for remedial or direct medical
benefit primarily in the individual's primary residence or primary vehicle to
specifically serve to improve the individual's personal functioning.
d. AT shall be covered in the least expensive, most
cost-effective manner. The cost of AT services shall be included in the total
cost of waiver services.
e. Service units and service limitations. AT equipment and
supplies shall not be rented but shall be purchased through a Medicaid-enrolled
durable medical equipment provider.
(1) The service unit is always one, for the total cost of
all AT being requested for a specific timeframe. The maximum Medicaid-funded
expenditure per individual for all AT covered procedure codes combined shall be
$5,000 per individual per calendar year.
(2) The cost for AT shall not be carried over from one
calendar year to the next. Each item must be service authorized by either DMAS
or the DMAS designated contractor for each calendar year.
(3) Unexpended portions of the maximum amount shall not be
accumulated across one or more calendar years to be expended in a later year.
(4) Shipping/freight/delivery charges are not billable to
DMAS or the waiver individual, as such charges are considered noncovered items.
(5) All products must be delivered, demonstrated, installed
and in working order prior to submitting any claim for them to Medicaid.
(6) The date of service on the claim shall be within the
service authorization approval dates, which may be prior to the delivery date
as long as the initiation of services commenced during the approved dates.
(7) The service authorization shall not be modified to
accommodate delays in product deliveries. In such situations, new service
authorizations must be sought by the provider.
(8) When two or more waiver individuals live in the same
home or congregate living arrangement, the AT shall be shared to the extent
practicable consistent with the type of AT.
f. AT exclusions.
(1) Medicaid shall not reimburse for any AT devices or
services that may have been rendered prior to authorization from DMAS or the
designated service authorization contractor.
(2) Providers of AT shall not be spouses, parents (natural,
adoptive, or foster), or stepparents of the individual who is receiving waiver
services. Providers that supply AT for the waiver individual may not perform
assessments/consultation or write specifications for that individual. Any request
for a change in cost (either an increase or a decrease) requires justification
and supporting documentation of medical need and service authorization by DMAS
or the designated service authorization contractor. The vendor shall receive a
copy of the professional evaluation in order to purchase the items recommended
by the professional. If a change is necessary then the vendor shall notify the
assessor to ensure the changed items meet the individual's needs.
(3) All equipment or supplies already covered by the State
Plan shall not be purchased under the waiver as AT. Such examples include:
(a) Specialized medical equipment, durable or nondurable
medical equipment (DME), ancillary equipment, and supplies necessary for life
support;
(b) Adaptive devices, appliances, and controls that enable
an individual to be more independent in areas of personal care and ADLs/IADLs;
and
(c) Equipment and devices that enable an individual to
communicate more effectively.
(4) AT services shall not be approved for purposes of the
convenience of the caregiver, restraint of the individual, recreation or
leisure, educational purposes, or diversion activities. Examples of these types
of items shall be listed in DMAS guidance documents.
4. Environmental modifications services shall be covered as
defined in 12VAC30-120-1700. Medicaid reimbursement shall not occur before
service authorization of EM services is completed by DMAS or the
DMAS-designated service authorization contractor. EM services shall entail limited
physical adaptations to preexisting structures and shall not include new
additions to an existing structure that simply increase the structure's square
footage.
a. In order to qualify for EM services, the individual
shall have a demonstrated need for modifications of a remedial nature or
medical benefit to the primary residence to specifically improve the
individual's personal functioning. Such modifications may include, but shall
not necessarily be limited to, the installation of ramps and grab-bars,
widening of doorways and other adaptations to accommodate wheelchairs,
modification of bathroom facilities to accommodate wheelchairs (but not
strictly for cosmetic purposes), or installation of specialized electrical and
plumbing systems required to accommodate the medical equipment and supplies
that are necessary for the individual's welfare. Modifications may include a
generator for waiver individuals who are dependent on mechanical ventilation
for 24 hours a day and when the generator is used to support the medical
equipment and supplies necessary for the individual's welfare.
b. EM shall be available costing up to a maximum amount of
$5,000 per calendar year regardless of waiver for individuals who are receiving
skilled PDN services.
c. Costs for EM shall not be carried over from one calendar
year to the next year. Each item shall be service authorized by DMAS or the
DMAS-designated agent for each calendar year. Unexpended portions of this
maximum amount shall not be accumulated across one or more years to be expended
in a later year.
d. When two or more waiver individuals live in the same
home or congregate living arrangement, the EM shall be shared to the extent
practicable consistent with the type of requested modification.
e. Only the actual cost of material and labor is
reimbursed. There shall be no additional markup.
f. EM shall be carried out in the most cost-effective
manner possible to achieve the goal required for the individual's health,
safety, and welfare. The cost of EM waiver services shall be included in the
individual's costs of all other waiver services, which shall not exceed the
total annual cost for placement in an institution.
g. All services shall be provided in the individual's
primary residence in accordance with applicable state or local building codes
and appropriate permits or building inspections, which shall be provided to
DMAS or the DMAS contractor.
h. Proposed modifications that are to be made to rental
properties must have prior written approval of the property's owner.
Modifications to rental properties shall only be valid if it is an
independently operated rental facility with no direct or indirect ties to any
other Medicaid service provider.
i. Modifications may be made to a vehicle if it is the
primary vehicle used by the individual. This service shall not include the
purchase of or the general repair of vehicles. Repairs of modifications that
have been reimbursed by DMAS shall be covered.
j. The EM provider shall ensure that all work and products
are delivered, installed, and in good working order prior to seeking
reimbursement from DMAS. The date of service on this provider's claim shall be
within the service authorization approval dates, which may be prior to the
completion date as long as the work commenced during the approval dates. The
service authorization shall not be modified to accommodate installation delays.
All requests for cost changes (either increases or decreases) shall be
submitted to DMAS or the DMAS-designated service authorization contractor for revision
to the previously issued service authorization and shall include justification
and supporting documentation of medical needs.
k. EM exclusions.
(1) There shall be no duplication of previous EM services
within the same residence such as (i) multiple wheelchair ramps or (ii)
previous modifications to the same room. There shall be no duplication of EM
within the same plan year.
(2) Adaptations or improvements to the primary home that
shall be excluded are of general utility and are not of direct medical or
remedial benefit to the waiver individual, such as, but not necessarily limited
to, carpeting, flooring, roof repairs, central air conditioning or heating,
general maintenance and repairs to a home, additions or maintenance of decks,
maintenance/replacement or addition of sidewalks, driveways, carports, or
adaptations that only increase the total square footage of the home.
(3) EM shall not be covered by Medicaid for general leisure
or diversion items or those items that are recreational in nature or those
items that may be used as an outlet for adaptive/maladaptive behavioral issues.
Such noncovered items may include, but shall not necessarily be limited to,
swing sets, playhouses, climbing walls, trampolines, protective matting or
ground cover, sporting equipment or exercise equipment, such as special
bicycles or tricycles.
(4) EM shall not be approved for Medicaid coverage when the
waiver individual resides in a residential provider's facility program, such as
sponsored homes and congregate residential and supported living settings. EM
shall not be covered by Medicaid if, for example, the Fair Housing Act (42 USC
§ 3601 et seq.), the Virginia Fair Housing Law (§ 36-96.1 et seq. of
the Code of Virginia) or the Americans with Disabilities Act (42 USC § 12101
et seq.) requires the modification and the payment for such modifications are
to be made by a third party.
(5) EM shall not include the costs of removal or disposal,
or any other costs, of previously installed modifications, whether paid for by
DMAS or any other source.
(6) Providers of EM shall not be the waiver individual's
spouse, parent (natural, adoptive, legal guardians), other legal guardians, or
conservator. Providers who supply EM to waiver individuals shall not perform
assessments/consultations or write EM specifications for such individuals.
5. Personal care (PC) services as defined in
12VAC30-120-1700, shall be covered for individuals older than 21 years of age
who have a demonstrated need for assistance with ADLs and IADLs and who have a
trained primary caregiver for skilled PDN interventions during portions of
their day. PC services shall be rendered by a provider who has a DMAS provider
agreement to provide PC, home health care, or skilled PDN. Due to the complex
medical needs of this waiver population and the need for 24-hour supervision,
the trained primary caregiver shall be present in the home and rendering the
required skilled services during the entire time that the PCA is providing
nonskilled care.
a. PC services are either of a supportive or health-related
nature and include assistance with ADLs/IADLs, community access (such as, but
not necessarily limited to, going to medical appointments), monitoring of
self-administration of medication or other medical needs, and monitoring of
health status and physical condition. In order to receive PC, the individual
must require assistance with ADLs/IADLs. When specified in the POC, PC services
may also include assistance with IADLs to include making or changing beds, and
cleaning areas used by the individual. Assistance with IADLs must be essential
to the health and welfare of the individual, rather than the individual's
representative, as applicable.
(1) The unit of service for PC services shall be one hour.
The hours that may be authorized by DMAS or the designated service
authorization contractor shall be based on the individual's need as documented
in the individual's POC and assessed on the Technology Assisted Waiver Adult
Aide Plan of Care (DMAS-97 T).
(2) Supervision of the waiver individual shall not be
covered as part of the tech waiver personal care service.
(3) Individuals may have skilled PDN, PC, and skilled
private duty nursing respite care in their plans of care but shall not be
authorized to receive these services simultaneously.
b. PC services shall not include either practical or
professional nursing services or those practices regulated in Chapters 30
(§ 54.1-3000 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of
the Code of Virginia, as appropriate, with the exception of skilled nursing
tasks that may be delegated in accordance with Part VIII (18VAC90-20-420 et
seq.). The PCA may perform ADL functions such as assistance to the primary
caregiver but shall not perform any nursing duties or roles except as permitted
by Part VIII (18VAC90-20-420 et seq.). At a minimum, the staff providing PC
must have been certified through coursework as either PCAs or home health
aides.
c. DMAS will pay for any PC services that the PCA gives to
individuals to assist them in preparing for school or when they return home.
DMAS shall not pay for the PCA to assist the individual with any functions
related to the individual completing post-secondary school functions or for
supervision time during school.
d. PC exclusions.
(1) Time spent driving the waiver individual shall not be
reimbursed.
(2) Regardless of the combination of skilled PDN and PC
hours, the total combined number of hours that shall be reimbursed by DMAS in a
week shall not exceed 112 hours.
(3) The consumer-directed services model shall not be
covered for any services provided in the tech waiver.
(4) Spouses, parents (natural, adoptive, legal guardians),
siblings, grandparents, grandchildren, adult children, other legal guardians,
or any person living under the same roof with the individual shall not provide
PC services for the purpose of Medicaid reimbursement for the waiver
individual.
6. Transition services shall be covered two ways: (i) as
defined at 12VAC30-120-1700 to provide for applicants to move from
institutional placements to community private homes and shall be service
authorized by DMAS or the designated service authorization contractor in order
for reimbursement to occur, and (ii) for applicants who have already moved from
an institution to the community within 30 days of their transition. The
applicant's transition from an institution to the community shall be
coordinated by the facility's discharge planning team. The discharge planner
shall coordinate with the DMAS staff to ensure that technology assisted waiver
eligibility criteria shall be met.
a. Transition services shall be service authorized by DMAS
or its designated service authorization contractor in order for reimbursement
to occur.
b. For the purposes of transition funding for the
technology assisted waiver, an institution means an ICF/ID, a specialized care
nursing facility or a long-stay hospital as defined at 42 CFR 435.1009.
Transition funding shall not be available for individuals who have been
admitted to an acute care hospital.
C. Changes to services or termination of services.
1. DMAS or its designated agent shall have the final
authority to approve or deny a requested change to an individual's skilled PDN
and PC hours. Any request for an increase to an individual's skilled PDN or PC
hours that exceeds the number of hours allowed for that individual's LOC shall
be service authorized by DMAS staff and accompanied by adequate documentation
justifying the increase.
a. The provider may decrease the amount of authorized care
if the revised skilled PDN hours are appropriate and based on the needs of the
individual. The provider agency shall work with the DMAS staff for coordination
and final approval of any decrease in service delivery. A revised tech waiver
skilled PDN authorization shall be completed by DMAS for final authorization
and forwarded to the provider agency.
b. The provider shall be responsible for documenting in
writing the physician's verbal orders and for inclusion of the changes on the
recertification POC in accordance with the DMAS skilled private duty nursing
authorization. The provider agency's RN supervisor, who is responsible for
supervising the individual's care, shall use a person-centered approach in
discussing the change in care with the individual and the individual's
representative to include documentation in the individual's record. The DMAS
staff or the DMAS designated service authorization contractor shall notify in
writing the individual or the individual's representative of the change.
c. The provider shall be responsible for submitting the
DMAS-225 form to the local department of social services when the following
situations occur: (i) when Medicaid eligibility status changes; (ii) when the
individual's level of care changes; (iii) when the individual is admitted to or
discharged from an institution, a home and community-based waiver, or a
provider agency's care; (iv) the individual dies; or (v) any other information
that causes a change in the individual's eligibility status or patient pay
amounts.
2. At any time the individual no longer meets LOC criteria
for the waiver, termination of waiver enrollment shall be initiated by DMAS
staff who is assigned to the individual. In such instances, DMAS shall forward
the DMAS-225 form to the local department of social services.
3. In an emergency situation when the health, safety, or
welfare of the provider staff is endangered, the provider agency may
immediately initiate discharge of the individual and contact the DMAS staff.
The provider must issue written notification containing the reasons for and the
effective date of the termination of services. The written notification period
in subdivision 4 of this subsection shall not be required. Other entities
(e.g., licensing authorities, APS, CPS) shall also be notified as appropriate.
A copy of this letter shall be forwarded to the DMAS staff within five business
days of the letter's date.
4. In a nonemergency situation (i.e., when the health,
safety, or welfare of the waiver individual or provider personnel is not
endangered), the provider shall provide the individual and the individual's
representative 14 calendar days' written notification (plus three days to allow
for mail transmission) of the intent to discharge the individual from agency
services. Written notification shall provide the reasons for and the effective
date of the termination of services as well as the individual's appeal rights.
A copy of the written notification shall also be forwarded to the DMAS staff
within five business days of the date of the notification.
5. Individuals who no longer meet the tech waiver criteria
as certified by the physician for either children or adults shall be terminated
from the waiver. In such cases, a reduction in skilled PDN hours may occur that
shall not exceed two weeks in duration as long as such skilled PDN was
previously approved in the individual's POC. The agency provider of skilled PDN
for such individuals shall document with DMAS the decrease in skilled PDN hours
and prepare for cessation of skilled PDN hours and waiver services.
6. When a waiver individual, regardless of age, requires
admission to a specialized care nursing facility or long-stay hospital, the
individual shall be discharged from waiver services while he is in the
specialized care nursing facility or long-stay hospital. Readmission to waiver
services may resume once the individual has been discharged from the
specialized care nursing facility or long-stay hospital as long as the waiver
eligibility and medical necessity criteria continue to be met. For individuals
21 years of age and older, the individual shall follow the criteria for
specialized care nursing facility admission. For individuals who are younger
than 21 years of age, the individual shall follow the criteria for long-stay
hospital admissions as well as the age appropriate criteria.
7. When a waiver individual, regardless of age, requires
admission to an acute care hospital for 30 days or more, the individual shall
be discharged from waiver services. When such hospitalization exceeds 30 days
and upon hospital discharge, readmission to waiver services is required. Such
readmission requires reassessment by the discharge team and a determination
that the individual continues to meet Medicaid eligibility, level of care
criteria and medical criteria on the DMAS-108 or DMAS-109 form, as appropriate.
If these criteria are met, the individual shall be readmitted to waiver
services. For adults, ages 21 years and older, the individual shall meet the
criteria for specialized care admissions. For children, younger than 21 years of
age, the individual shall meet the criteria for long-stay hospital admissions
and the age appropriate criteria.
8. Waiver individuals, regardless of age, who require
admission to any type of acute care facility for less than 30 days shall, upon
discharge from such acute care facility, be eligible for waiver services as
long as all other requirements continue to be met.
12VAC30-120-1730. General requirements for participating
providers. (Repealed.)
A. All agency providers shall sign the appropriate technology
assisted waiver provider agreement in order to bill and receive Medicaid
payment for services rendered. Requests for provider enrollment shall be
reviewed by DMAS to determine whether the provider applicant meets the
requirements for Medicaid participation and demonstrates the abilities to
perform, at a minimum, the following activities:
1. Be able to render the medically necessary services
required by the waiver individuals. Accept referrals for services only when
staff is available and qualified to initiate and perform the required services
on an ongoing basis.
2. Assure the individual's freedom to reject medical care
and treatment.
3. Assure freedom of choice to individuals in seeking
medical care from any institution, pharmacy, or practitioner qualified to
perform the service or services that may be required and participating in the
Medicaid program at the time the service or services are performed.
4. Actively involve the individual and the authorized
representative, as applicable, in the assessment of needs, strengths, goals,
preferences, and abilities and incorporate this information into the
person-centered planning process. A provider shall protect and promote the
rights of each individual for whom he is providing services and shall provide
for each of the following individual rights:
a. The individual's rights are exercised by the person
appointed under state law to act on the individual's behalf in the case of an
individual adjudged incompetent under the laws of the Commonwealth by a court
of competent jurisdiction.
b. The individual, who has not been adjudged incompetent by
the state court, may designate any legal-surrogate in accordance with state law
to exercise the individual's rights to the extent provided by state law.
c. The individual shall have the right to receive services
from the provider with reasonable accommodation of individual needs and
preferences, except when the health or safety of the individual or other waiver
individuals would be endangered.
5. Perform a criminal background check on all employees,
including the business owner, who may have any contact or provide services to
the waiver individual. Such record checks shall be performed by the Virginia
State Police for the Commonwealth. When the Medicaid individual is a minor
child, searches shall also be made of the Virginia CPS Central Registry.
a. Provider documentation of the results of these searches
must be made available upon request of DMAS or its authorized representatives.
Persons convicted of having committed barrier crimes as defined in
§ 32.1-162.9:1 of the Code of Virginia shall not render services to waiver
individuals for the purposes of seeking Medicaid reimbursement.
b. Persons having founded dispositions in the CPS Central
Registry at DSS shall not be permitted to render services to children in this
waiver and seek Medicaid reimbursement. Medicaid reimbursement shall not be
made for providers' employees who have findings with the Virginia Board of
Nursing of the Department of Health Professions concerning abuse, neglect, or
mistreatment of individuals or misappropriation of their property.
6. Screen all new and existing employees and contractors to
determine whether any of them have been excluded from participation in federal
programs. Search the HHS-OIG List of Excluded Individuals and Entities (LEIE)
website monthly by name for employees, contractors and entities to validate the
eligibility of such persons and entities for federal programs.
a. Immediately report to DMAS any exclusion information
identified.
b. Such information shall be sent in writing and shall
include the individual or business name, provider identification number (if
applicable), and what, if any, action has been taken to date.
c. Such information shall be sent to: DMAS, ATTN: Program Integrity/Exclusions,
600 E. Broad St., Suite 1300, Richmond, VA 23219 or emailed to
providerexclusion@dmas.virginia.gov.
7. Provide services and supplies to individuals in full
compliance with Title VI of the Civil Rights Act of 1964, as amended (42 USC § 2000
et seq.), which prohibits discrimination on the grounds of race, color,
religion, or national origin; the Virginians with Disabilities Act
(§ 51.5-1 et seq. of the Code of Virginia); § 504 of the
Rehabilitation Act of 1973, as amended (29 USC § 794), which prohibits
discrimination on the basis of a disability; and the ADA of 1990, as amended
(42 USC § 12101 et seq.), which provides comprehensive civil rights
protections to individuals with disabilities.
8. Report all suspected violations, pursuant to § 63.2-100,
§§ 63.2-1508 through 63.2-1513, and § 63.2-1606 et seq. of the Code
of Virginia, involving mistreatment, neglect, or abuse, including injuries of
an unknown source, and misappropriation of individual property to either CPS,
APS, or other officials in accordance with state law. Providers shall also
train their staff in recognizing all types of such injuries and how to report
them to the appropriate authorities. Providers shall ensure that all employees
are aware of the requirements to immediately report such suspected abuse,
neglect, or exploitation to APS, CPS or human rights, as appropriate.
9. Notify DMAS or its designated agent immediately, in
writing, of any change in the information that the provider previously
submitted to DMAS. When ownership of the provider changes, notify DMAS at least
15 calendar days before the date of such a change.
10. Provide services and supplies to individuals in full
compliance of the same quality and in the same mode of delivery as are provided
to the general public. Submit charges to DMAS for the provision of services and
supplies to individuals in amounts not to exceed the provider's usual and
customary charges to the general public.
11. Accept as payment in full the amount established and
reimbursed by DMAS' payment methodology beginning with individuals'
authorization dates for the waiver services. The provider shall not attempt to
collect from the individual or the individual's responsible relative or
relatives any amount the provider may consider a balance due amount or an
uncovered amount. Providers shall not collect balance due amounts from
individuals or individuals' responsible relatives even if such persons are
willing to pay such amounts. Providers shall not bill DMAS, individuals or
their responsible relatives for broken or missed appointments.
12. Collect all applicable patient pay amounts pursuant to
12VAC30-40-20, 12VAC30-40-30, 12VAC30-40-40, 12VAC30-40-50, and 12VAC30-40-60.
13. Use only DMAS-designated forms for service
documentation. The provider shall not alter the required DMAS forms in any
manner unless DMAS' approval is obtained prior to using the altered forms.
14. Not perform any type of direct-marketing activities to
Medicaid individuals.
15. Furnish access to the records of individuals who are
receiving Medicaid services and furnish information, on request and in the form
requested, to DMAS or its designated agent or agents, the Attorney General of
Virginia or his authorized representatives, the state Medicaid Fraud Control
Unit, the State Long-Term Care Ombudsman and any other authorized state and
federal personnel. The Commonwealth's right of access to individuals receiving
services and to provider agencies and records shall survive any termination of
the provider agreement.
16. Disclose, as requested by DMAS, all financial,
beneficial, ownership, equity, surety, or other interests in any and all firms,
corporations, partnerships, associations, and business enterprises, joint
ventures, agencies, institutions, or other legal entities providing any form of
services to participants of Medicaid.
17. Pursuant to 42 CFR 431.300 et seq. and
§ 32.1-325.3 of the Code of Virginia, all information associated with a
waiver applicant or individual that could disclose the individual's identity is
confidential and shall be safeguarded. Access to information concerning waiver
applicants or individuals shall be restricted to persons or agency
representatives who are subject to the standards of confidentiality that are
consistent with that of the agency, and any such access must be in accordance
with the provisions found in 12VAC30-20-90.
18. Meet staffing, financial solvency, disclosure of
ownership, assurance of comparability of services requirements, and other
requirements as specified in the provider's written program participation
agreement with DMAS.
19. Maintain and retain business and professional records
sufficient to document fully and accurately the nature, scope, and details of
the services provided fully and accurately with documentation necessary to
support services billed. Failure to meet this requirement may result in DMAS'
recovery of expenditures resulting from claims payment.
20. Maintain a medical record for each individual who is
receiving waiver services. Failure to meet this requirement may result in DMAS
recovering expenditures made for claims paid that are not adequately supported
by the provider's documentation.
21. Retain business and professional records at least six
years from the last date of service or as provided by applicable federal and
state laws, whichever period is longer. However, if an audit is initiated
within the required retention period, the records shall be retained until the
audit is completed and every exception resolved. Policies regarding retention
of records shall apply even if the provider discontinues operation. DMAS shall
be notified in writing of the storage location and procedures for obtaining
records for review should the need arise. The location, agent, or trustee shall
be within the Commonwealth.
22. Retain records of minors for at least six years after
such minors have reached 21 years of age.
23. Ensure that all documentation in the individual's
record is completed, signed, and dated with the name or names of the person or
persons providing the service and the appropriate title, dated with month, day,
and year, and in accordance with accepted professional practice. This
documentation shall include the nurses' or PCAs', as appropriate, arrival and
departure times for each shift that is worked.
24. Begin PDN services for which it expects reimbursement
only when the admission packet is received and DMAS' authorization for skilled
PDN services has been given. This authorization shall include the enrollment
date that shall be issued by DMAS staff. It shall be the provider agency's
responsibility to review and ensure the receipt of a complete and accurate
screening packet.
25. Ensure that there is a backup caregiver who accepts
responsibility for the oversight and care of the individual in order to ensure
the health, safety, and welfare of the individual when the primary caregiver is
ill, incapacitated, or using PDN respite. Documentation in the medical record
shall include this backup caregiver's name and phone number.
26. Notify the DMAS staff every time the waiver
individual's primary residence changes.
27. Ensure that minimum qualifications of provider staff
are met as follows:
a. All RN and LPN employees shall have a satisfactory work
record, as evidenced by at least two references from prior job experiences. In
lieu of this requirement for personal care aides only, employees who have
worked for only one employer shall be permitted to provide two personal
references. Providers who are not able to obtain previous job references about
personal care aides shall retain written documentation showing their good faith
efforts to obtain such references in the new employee's work record.
b. Staff and agencies shall meet any certifications,
licensure, or registration, as applicable and as required by applicable state
law. Staff qualifications shall be documented and maintained for review by DMAS
or its designated agent. All additional provider requirements as may be
required under a specific waiver service in this part shall also be met.
c. All RNs and LPNs providing skilled PDN services shall be
currently licensed to practice nursing in the Commonwealth. The LPN shall be
under the direct supervision of an RN.
d. All RNs and LPNs who provide skilled PDN services shall
have either (i) at least six months of related clinical experience as
documented in their history, which may include work in acute care hospitals,
long-stay hospitals, rehabilitation hospitals, or specialized care nursing
facilities, or (ii) completed a provider training program related to the care
and technology needs of the assigned tech waiver individual.
e. Training programs established by providers shall
include, at a minimum, the following:
(1) Trainers (either RNs or respiratory therapists) shall
have at least six months hands-on experience in the areas in which they provide
training, such as ventilators, tracheostomies, peg tubes, and nasogastric
tubes.
(2) Training shall include classroom time as well as direct
hands-on demonstration of mastery of the specialized skills required to work
with individuals in the technology assisted waiver by the trainee.
(3) The training program shall include the following
subject areas as they relate to the care to be provided by the tech waiver
nurse: (i) human anatomy and physiology, (ii) medications frequently used by technology
dependent individuals, (iii) emergency management, and (iv) the operation of
the relevant equipment.
(4) Providers shall assure the competency and mastery of
the skills necessary to care for tech waiver individuals by the nurses prior to
assigning them to a tech waiver individual. Documentation of successful
completion of such training course and mastery of the specialized skills
required to work with individuals in the technology assisted waiver shall be
maintained in the provider's personnel records. This documentation shall be
provided to DMAS upon request.
f. The RN supervisor shall be currently licensed to
practice nursing in the Commonwealth and have at least one year of related
clinical nursing experience, which may include work in an acute care hospital,
long-stay hospital, rehabilitation hospital, or specialized care nursing
facility.
B. DMAS shall have the authority to require the submission
of any other medical documentation or information as may be required to
complete a decision for a waiver individual's eligibility, waiver enrollment,
or coverage for services.
1. Review of individual-specific documentation shall be
conducted by DMAS or its designated agent. This documentation shall contain, up
to and including the last date of service, all of the following, as may be
appropriate for the service rendered:
a. All supporting documentation, including physicians'
orders, from any provider rendering waiver services for the individual;
b. All assessments, reassessments, and evaluations (including
the complete UAI screening packet or risk evaluations) made during the
provision of services, including any required initial assessments by the RN
supervisor completed prior to or on the date services are initiated and changes
to the supporting documentation by the RN supervisor;
c. Progress notes reflecting individual's status and, as
appropriate, progress toward the identified goals on the POC;
d. All related communication with the individual and the
family/caregiver, the designated agent for service authorization, consultants,
DMAS, DSS, formal and informal service providers, referral to APS or CPS and
all other professionals concerning the individual, as appropriate;
e. Service authorization decisions performed by the DMAS
staff or the DMAS-designated service authorization contractor;
f. All POCs completed for the individual and specific to
the service being provided and all supporting documentation related to any
changes in the POCs; and
g. Attendance logs documenting the date and times services
were rendered, the amount and type of services rendered and the dated
professional signature with title.
2. Review of provider participation standards and renewal
of provider agreements. DMAS shall be responsible for ensuring continued
adherence to provider participation standards by conducting ongoing monitoring
of compliance.
a. DMAS shall recertify each provider for agreement
renewal, contingent upon the provider's timely license renewal, to provide home
and community-based waiver services.
b. A provider's noncompliance with DMAS policies and
procedures, as required in the provider agreement, may result in a written
request from DMAS for a corrective action plan that details the steps the
provider shall take and the length of time required to achieve full compliance
with the corrective action plan that shall correct the cited deficiencies.
c. A provider that has been convicted of a felony, or who
has otherwise pled guilty to a felony, in Virginia or in any other of the 50
states, the District of Columbia, or the U.S. territories must, within 30 days
of such conviction, notify DMAS of this conviction and relinquish its provider
agreement. Upon such notice, DMAS shall immediately terminate the provider's
Medicaid provider agreement pursuant to § 32.1-325 D of the Code of
Virginia and as may be required for federal financial participation. Such
provider agreement terminations shall be immediate and conform to
§ 32.1-325 E of the Code of Virginia.
d. Providers shall not be reimbursed for services that may
be rendered between the conviction of a felony and the provider's notification
to DMAS of the conviction.
e. Except as otherwise provided by applicable state or
federal law, the Medicaid provider agreement may be terminated at will on 30
days' written notice. The agreement may be terminated if DMAS determines that
the provider poses a threat to the health, safety, or welfare of any individual
enrolled in a DMAS administered program.
12VAC30-120-1740. Participation standards for provision of
services. (Repealed.)
A. Skilled PDN, skilled PDN respite, and PC services. DMAS
or its designated agent shall periodically review and audit providers' records
for these services for conformance to regulations and policies, and concurrence
with claims that have been submitted for payment. When an individual is
receiving multiple services, the records for all services shall be
separated from those of non-home and community-based care services, such as
companion or home health services. The following documentation shall be
maintained for every individual for whom DMAS-enrolled providers render these
services:
1. Physicians' orders for these services shall be
maintained in the individual's record as well as at the individual's primary
residence. All recertifications of the POC shall be performed within the last
five business days of each current 60-day period. The physician shall sign the
recertification before Medicaid reimbursement shall occur;
2. All assessments, reassessments, and evaluations
(including the complete UAI screening packet or risk evaluations) made during
the provision of services, including any required initial assessments by the RN
supervisor completed prior to or on the date services are initiated and changes
to the supporting documentation by the RN supervisor;
3. Progress notes reflecting the individual's status and,
as appropriate, progress toward the identified goals on the POC;
4. All related communication with the individual and the
individual's representative, the DMAS designated agent for service
authorization, consultants, DMAS, DSS, formal and informal service providers,
all required referrals, as appropriate, to APS or CPS and all other
professionals concerning the individual;
5. All service authorization decisions rendered by the DMAS
staff or the DMAS-designated service authorization contractor;
6. All POCs completed with the individual, or
family/caregiver, as appropriate, and specific to the service being provided
and all supporting documentation related to any changes in the POC;
7. Attendance logs documenting the date and times services
were rendered, the amount and type of services rendered and the dated
signatures of the professionals who rendered the specified care, with the
professionals' titles. Copies of all nurses' records shall be subject to review
by either state or federal Medicaid representatives or both. Any required
nurses' visit notes, PCA notes, and all dated contacts with service providers
and during supervisory visits to the individual's home and shall include:
a. The private duty nurse's or PCA's daily visit note with
arrival and departure times;
b. The RN, LPN, or PCA daily observations, care, and
services that have been rendered, observations concerning the individual's
physical and emotional condition, daily activities and the individual's
response to service delivery; and
c. Observations about any other services, such as and not
limited to meals-on-wheels, companion services, and home health services, that
the participant may be receiving shall be recorded in these notes;
8. Provider's HIPAA release of information form;
9. All Long Term Care Communication forms (DMAS-225);
10. Documentation of rejection or refusal of services and
potential outcomes resulting from the refusal of services communicated to the
individual or the individual's representative;
11. Documentation of all inpatient hospital or specialized
care nursing facility admissions to include service interruption dates, the
reason for the hospital or specialized care nursing facility admission, the
name of the facility or facilities and primary caregiver notification when
applicable including all communication to DMAS;
12. The RN, LPN, or PCA's and individual's, or individual's
representative's weekly or daily, as appropriate, signatures, including the
date, to verify that services have been rendered during that week as documented
in the record. For records requiring weekly signatures, such signatures, times,
and dates shall be placed on these records no earlier than the last day of the
week in which services were provided and no later than seven calendar days from
the date of the last service. An employee providing services to the tech waiver
individual cannot sign for the individual. If the individual is unable to sign
the nurses' records, it shall be documented in the record how the nurses'
records will be signed or who will sign in the individual's place. An employee
of the provider shall not sign for the individual unless he is a family member
of the individual or legal guardian of the individual;
13. Contact notes or progress notes reflecting the
individual's status; and
14. Any other documentation to support that services
provided are appropriate and necessary to maintain the individual in the home
and in the community.
B. In addition to meeting the general conditions and
requirements for home and community-based services participating providers and
skilled PDN, private duty respite, and PC services, providers shall also meet
the following requirements:
1. This service shall be provided through either a home
health agency licensed or certified by the VDH for Medicaid participation and
with which DMAS has a contract for either skilled PDN or congregate PDN or
both;
2. Demonstrate a prior successful health care delivery;
3. Operate from a business office; and
4. Employ (or subcontract with) and directly supervise an
RN or an LPN. The LPN and RN shall be currently licensed to practice in the
Commonwealth. Prior to assignment to a tech waiver individual, the RN or LPN
shall have either (i) at least six months of related clinical nursing
experience or (ii) completed a provider training program related to the care
and technology needs of the tech waiver individual as described in
12VAC30-120-1730 A 27 e. Regardless of whether a nurse has six months of
experience or completes a provider training course, the provider agency shall
be responsible for assuring all nurses who are assigned to an individual are
competent in the care needs of that individual.
5. As part of direct supervision, the RN supervisor shall
make, at a minimum, a visit every 30 days to ensure both quality and
appropriateness of PDN, PDN respite services, and personal care services to
assess the individual's and the individual's representative's satisfaction with
the services being provided, to review the medication and treatments and to
update and verify the most current physician signed orders are in the home.
a. The waiver individual shall be present when the
supervisory visits are made.
b. At least every other visit shall be in the individual's
primary residence.
c. When a delay occurs in the RN supervisor's visits
because the individual is unavailable, the reason for the delay shall be
documented in the individual's record, and the visit shall occur as soon as the
individual is available. Failure to meet this standard may result in DMAS'
recovery of payments made.
d. The RN supervisor may delegate personal care aide
supervisory visits to an LPN. The provider's RN or LPN supervisor shall make
supervisory visits at least every 90 days. During visits to the waiver
individual's home, the RN or LPN supervisor shall observe, evaluate, and
document the adequacy and appropriateness of personal care services with regard
to the individual's current functioning status and medical and social needs.
The personal care aide's record shall be reviewed and the waiver individual's
or family/caregiver's, or both, satisfaction with the type and amount of
services discussed.
e. Additional supervisory visits may be required under the
following circumstances: (i) at the provider's discretion; (ii) at the request
of the individual when a change in the individual's condition has occurred;
(iii) any time the health, safety, or welfare of the individual could be at
risk; and (iv) at the request of the DMAS staff.
6. When private duty respite services are routine in nature
and offered in conjunction with PC services for adults, the RN supervisory
visit conducted for PC may serve as the supervisory visit for respite services.
However, the supervisor shall document supervision of private duty respite
services separately. For this purpose, the same individual record can be used
with a separate section for private duty respite services documentation.
7. For this waiver, personal care services shall only be
agency directed and provided by a DMAS-enrolled PC provider to adult
waiver individuals.
a. For DMAS-enrolled skilled PDN providers that also
provide PC services, the provider shall employ or subcontract with and directly
supervise an RN who will provide ongoing supervision of all PCAs. The
supervising RN shall be currently licensed to practice nursing in the
Commonwealth and have at least one year of related clinical nursing experience,
which may include work in an acute care hospital, long-stay hospital,
rehabilitation hospital, or specialized care nursing facility.
b. In addition to meeting the general conditions and
requirements for home and community-based services participating providers as
specified elsewhere in this part, the provision of PC services shall also
comply with the requirements of 12VAC30-120-930.
8. Skilled monthly supervisory reassessments shall be
performed in accordance with regulations by the PDN agency provider. The agency
RN supervisor shall complete the monthly assessment visit and submit the
"Technology Assisted Waiver Supervisory Monthly Summary" form
(DMAS-103) to DMAS for review by the sixth day of the month following the month
when the visit occurred.
9. Failure of the provider to ensure timely submission of
the required assessments may result in retraction of all skilled PDN payments
for the period of time of the delinquency.
C. Assistive technology and environmental modification.
1. All AT and EM services shall be provided by
DMAS-enrolled DME providers that have a DMAS provider agreement to provide AT
or EM or both.
2. AT and EM shall be covered in the least expensive, most
cost-effective manner. The provider shall document and justify why more
cost-effective solutions cannot be used. DMAS and the DMAS-designated service
authorization contractor may request further documentation on the alternative
cost-effective solutions as necessary.
3. The provider documentation requirements for AT and EM
shall be as follows:
a. Written documentation setting out the medical necessity
for these services regarding the need for service, the process and results of
ensuring that the item is not covered by the State Plan as DME and supplies and
that it is not available from a DME provider when purchased elsewhere and
contacts with vendors or contractors of service and cost;
b. Documentation of any or all of the evaluation, design,
labor costs or supplies by a qualified professional;
c. Documentation of the date services are rendered and the
amount of service needed;
d. Any other relevant information regarding the device or
modification;
e. Documentation in the medical record of notification by
the designated individual or the individual's representative of satisfactory
completion or receipt of the service or item;
f. Instructions regarding any warranty, repairs,
complaints, or servicing that may be needed; and
g. Any additional cost estimates requested by DMAS.
7. The EM or AT provider shall maintain a copy of all
building permits and all building inspections for modifications, as required by
code. All instructions regarding any warranty, repairs, complaints, and
servicing that may be needed and the receipt for any purchased goods or
services. More than one cost estimate may be required.
8. Individuals who reside in rental property shall obtain
written permission from the property's owner before any EM shall be authorized
by DMAS. This letter shall be maintained in the provider's record.
12VAC30-120-1750. Payment for services. (Repealed.)
A. PC services provided in the tech waiver shall be
reimbursed at an hourly rate established by DMAS. All skilled PDN services and
skilled PDN respite care services shall be reimbursed in increments of 15
minutes as a unit and shall be reimbursed at a rate established by DMAS.
B. Reimbursement for AT and EM shall be as follows.
1. All AT covered procedure codes provided in the tech
waiver shall be reimbursed as a service limit of one and up to a per member
annual maximum of $5,000 per calendar year regardless of waiver. Such service
shall only be provided to individuals who are also receiving private duty
nursing.
2. All EM services shall be reimbursed up to $5,000 per
individual per calendar regardless of waiver year as long as such services are
not duplicative. All EM services shall be reimbursed at the actual cost of
material and labor and no mark ups shall be permitted. Such service shall only
be provided to individuals who are also receiving private duty nursing.
C. Duplication of services.
1. DMAS shall not duplicate services that are required as a
reasonable accommodation as a part of the ADA (42 USC §§ 12131 through
12165), the Rehabilitation Act of 1973 (29 USC 791 et seq.), or the Virginians
with Disabilities Act (§ 51.5-1 et seq. of the Code of Virginia).
2. Payment for services under the POC shall not duplicate
payments made to public agencies or private entities under other program
authorities for this same purpose. All private insurance benefits for skilled
PDN shall be exhausted before Medicaid reimbursement can occur as Medicaid
shall be the payer of last resort.
3. DMAS payments for EM shall not be duplicative in homes
where multiple waiver individuals reside. For example, one waiver individual
may be approved for required medically necessary bathroom modifications while a
second waiver individual in the same household would be approved for a
medically necessary access ramp but not for the same improvements to the same
bathroom.
D. Cost-effectiveness computations for the tech waiver
shall be completed by DMAS upon completion of the POC for all individuals
entering the waiver. The total annual aggregate cost of the waiver shall not
exceed the cost of backup facility placement. For individuals, regardless of
age, the DMAS staff shall ensure the anticipated cost to DMAS for the
individual's waiver services for a 12-month period shall not exceed the annual
average aggregate costs to DMAS for specialized nursing facility care for those
individuals 21 years of age or older or for continued hospitalization for
individuals younger than 21 years of age.
12VAC30-120-1760. Quality management review; utilization
reviews; level of care (LOC) reviews. (Repealed.)
A. DMAS shall perform quality management reviews for the
purpose of ensuring high quality of service delivery consistent with the
attending physicians' orders, approved POCs, and service authorized services
for the waiver individuals. Providers identified as not rendering reimbursed
services consistent with such orders, POCs, and service authorizations shall be
required to submit corrective action plans (CAPs) to DMAS for approval. Once
approved, such CAPs shall be implemented to resolve the cited deficiencies.
B. If the DMAS staff determines, during any review or at
any other time, that the waiver individual no longer meets the aggregated
cost-effectiveness standards or medical necessity criteria, then the DMAS
staff, as appropriate, shall deny payment for such waiver individual. Such
waiver individuals shall be discharged from the waiver.
C. Securing service authorization shall not necessarily
guarantee reimbursement pursuant to DMAS utilization review of waiver services.
D. DMAS shall perform annual quality assurance reviews for
tech waiver enrollees. Once waiver enrollment occurs, the Level of Care
Eligibility Re-determination audits (LOCERI) shall be performed by DMAS. This
independent electronic calculation of eligibility determination is performed
and communicated to the DMAS supervisor for tech waiver. Any failure for waiver
eligibility requires higher level of review by the supervisor and may include a
home visit by the DMAS staff.
12VAC30-120-1770. Appeals; provider and recipient. (Repealed.)
A. Providers shall have the right to appeal actions taken
by DMAS. Provider appeals shall be considered pursuant to § 32.1-325.1 of
the Code of Virginia and the Virginia Administrative Process Act
(§ 2.2-4000 et seq. of the Code of Virginia) and DMAS regulations at
12VAC30-10-1000 and 12VAC30-20-500 through 12VAC30-20-560.
B. Individuals shall have the right to appeal actions
taken by DMAS. Individuals' appeals shall be considered pursuant to
12VAC30-110-10 through 12VAC30-120-370. DMAS shall provide the opportunity for
a fair hearing, consistent with 42 CFR Part 431, Subpart E.
C. The individual shall be advised in writing of such
denial and of his right to appeal consistent with DMAS client appeals
regulations 12VAC30-110-70 through 12VAC30-110-80.
VA.R. Doc. No. R18-5055; Filed June 29, 2018, 1:49 p.m.
TITLE 12. HEALTH
STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Proposed Regulation
Title of Regulation: 12VAC35-250. Certification of
Peer Recovery and Resiliency Specialists (adding 12VAC35-250-10 through
12VAC35-250-50).
Statutory Authority: §§ 37.2-203 and 37.2-304 of the
Code of Virginia.
Public Hearing Information: No public hearings are
scheduled.
Public Comment Deadline: September 21, 2018.
Agency Contact: Ruth Anne Walker, Regulatory
Coordinator, Department of Behavioral Health and Developmental Services,
Jefferson Building, 1220 Bank Street, 11th Floor, Richmond, VA 23219, telephone
(804) 225-2252, FAX (804) 786-8623, TTY (804) 371-8977, or
email ruthanne.walker@dbhds.virginia.gov.
Basis: Sections 37.2-203 and 37.2-304 of the Code of
Virginia authorize the State Board of Behavioral Health and Developmental
Services (State Board) to adopt regulations that may be necessary to carry out
the provisions of Title 37.2 of the Code of Virginia and other laws of the
Commonwealth administered by the commissioner and the department.
The proposed regulation is necessary for individuals to be
designated as "peer recovery specialists" and to have a pathway to
provide peer services through the Virginia ARTS benefit, which was made
available to Medicaid members receiving addiction treatment services at all
levels of care effective on July 1, 2017.
Chapters 418 and 426 of the 2017 Acts of Assembly authorize the
Virginia Board of Counseling to promulgate emergency regulations for the
registration of peer recovery specialists who meet the qualifications,
education, and experience requirements established by regulations of the State
Board. Upon promulgation of regulations by the Board of Counseling,
registration will begin with the Board of Counseling.
Upon conclusion of this action by the State Board, permanent
regulations, replacing the emergency regulations effective May 17, 2017, will
allow the Department of Behavioral Health and Developmental Services (DBHDS) to
continue to set out the requirements for qualifications, education, and
experience of individuals eligible to register with the Board of Counseling as
"registered peer recovery specialists."
Purpose: With the creation of Medicaid coverage for peer
services in Virginia, the proposed regulation provides administrative structure
for DBHDS qualifications, education, and experience for peer recovery
specialists to ensure that individuals providing peer recovery services in
Virginia's public system of behavioral health services demonstrate a baseline
of practical knowledge. This is a reflection of the need for a standard of
commonly understood evidenced-based best practices in the support of people
with behavioral health conditions. This field of practice is expected to grow,
as is Virginia's network of available peer recovery specialists.
Background: The following background information on billing is
taken from the U.S. Substance Abuse and Mental Health Services
Administration-Health Resources and Services Administration (SAMHSA-HRSA)
Center for Integrated Health Solutions (CIHS) website at http://www.integration.samhsa.gov/work%20force/team-members/peerproviders.
"Billing for Peer Provided Integrated Health Services
• In the field of behavioral health, Medicaid billing for peer
support services began in Georgia in 1999, and quickly expanded nationally in
2007 after the Centers for Medicare and Medicaid Services (CMS) sent guidelines
to states on how to be reimbursed for services delivered by peer providers. In
2012, Georgia was approved as the first state to bill for a peer whole health
and wellness service delivered by WHAM-trained peer providers.
• CMS' Clarifying Guidance on Peer Services Policy from May
2013 states that any peer provider must "complete training and
certification as defined by the state" before providing billable services.
• Beginning January 1, 2014, CMS expanded the type of practitioners
who can provide Medicaid prevention services beyond physicians and other
licensed practitioners, at a state's discretion, which can include peer
providers."
The proposed regulations are needed to support a strong peer
workforce through financial sustainability that is ensured when peer services
meet criteria for reimbursement like Medicaid billing.
General explanation of peer recovery services: According to
SAMSHA, the adoption of "recovery" by behavioral health systems in
recent years has signaled a dramatic shift in the expectation for positive
outcomes for individuals who experience mental or substance use conditions.
Today, when individuals with mental illness or substance use disorders seek
help, they are met with the knowledge and belief that anyone can recover and
manage their conditions successfully. The value of recovery and
recovery-oriented behavioral health systems is widely accepted by states,
communities, health care providers, peers, families, researchers, and
advocates, including the U.S. Surgeon General, the National Academies Health
and Medicine Division (HMD), and others.
Peer recovery support services help people enter and navigate
systems of care; remove barriers to recovery; stay engaged in the recovery
process; and live full lives in communities of their choice.
The services include culturally and linguistically appropriate
services that assist individuals and families working toward recovery from
mental illness or substance use disorders. Peer recovery services support
enhanced access to evidence-based practices such as supported employment,
education, housing, assertive community treatment, illness management, and
peer-operated services.
The services may be provided before, during, or after clinical
treatment or may be provided to individuals who are not in treatment but seek
support services. The services provided by peers are delivered through a
variety of community and faith-based groups, treatment providers, schools, and
other specialized services.
Substance: The proposed regulations provide
administrative structure for DBHDS qualifications, education, and experience
for peer recovery specialists to ensure that individuals providing peer
recovery services in Virginia's public system of behavioral health services
demonstrate a baseline of practical knowledge, as did the emergency regulation.
The changes in this proposed regulation that differ from the emergency
regulation accommodate the Department of Health Profession's registration of
peer recovery specialists, including assuming language for continuing
education, and delete a date-specific requirement for training during the
transition to permanent regulations. Specifically:
12VAC35-250-10 - the definition for "Registered peer
recovery specialist" is added.
12VAC35-250-20 - a new subsection D, "Any person meeting
the qualifications for a peer recovery specialist as set forth in this chapter
shall be eligible for registration by the Virginia Board of Counseling."
is added.
12VAC35-250-30 A 3 - the date by which training must be
completed, that is, April 1, 2018, is deleted.
12VAC35-250-45 - the section is deleted.
Issues: Virginia needs comprehensive behavioral health
care as it is essential to population health and cost containment.
|
National average of state spending
|
Virginia spending
|
Hospitals
|
23% of overall BH budget
|
46% of overall BH budget
|
Community
|
75% of overall BH budget (~$89 per capita)
|
51% of overall BH budget ($47 per capita)
|
Behavioral health issues drive up to 35% of medical care costs,
and individuals with mental illness or substance use disorders or co-occurring
mental illness and substance use disorders cost up to two to three times as
much as those without them.
Peer recovery services help to decrease reliance on
institutions and increase focus on community services. The services also
facilitate integration of behavioral health and primary care, as well as
housing, employment, schools, and social services.
The proposed regulatory action makes permanent the
formalization of the peer recovery specialist professional qualifications,
education, and experience to provide collaborative services to assist
individuals in achieving sustained recovery from the effects of mental illness,
addiction, or both. With the creation of Medicaid coverage for peer services in
Virginia, the proposed regulation provides administrative structure for DBHDS
qualifications, education, and experience for peer recovery specialists to
ensure that individuals providing peer recovery services in Virginia's public
system of behavioral health services demonstrate a baseline of practical
knowledge. This is a reflection of the need for a standard of commonly
understood evidenced-based best practices in the support of people with
behavioral health conditions. For those peer recovery specialists who wish to
bill Medicaid for services, the additional option of registering with the Board
of Counseling will be available and is noted in the proposed DBHDS regulation.
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. Pursuant to
Chapters 4181 and 4262 of the 2017 Acts of Assembly, the
State Board of Behavioral Health and Developmental Services (Board) proposes to
promulgate a new regulation, Peer Recovery Specialists. The proposed regulation
includes definitions and requirements for an individual to become
professionally qualified to be a registered peer recovery specialist. This
proposed regulation would replace an existing emergency regulation.3
Result of Analysis. The benefits likely exceed the costs for
the proposed regulation.
Estimated Economic Impact.
Peer Support Services: Peer support services are an
evidence-based mental health model of care, which consists of a qualified peer
recovery specialist who assists individuals with their recovery from mental
illness and substance use disorders. The provision of peer support services
facilitates recovery from both serious mental illnesses and substance use
disorders. Recovery is a process in which people are able to live, work, learn,
and fully participate in their communities. For some individuals, recovery is
the ability to live a fulfilling and productive life despite their disability.
For others, recovery could mean the reduction or complete remission of
symptoms.
Research has provided evidence that peer-delivered services
generate superior outcomes in terms of decreased substance abuse, engagement of
"difficult-to-reach" clients, and reduced rates of hospitalization.4
Further, peer support has been found to increase participants' sense of hope,
control, and ability to effect changes in their lives; increase their
self-care, sense of community belonging, and satisfaction with various life
domains; and decrease participants' level of depression and psychosis.5
Peer Recovery Specialists: Peer support services are delivered
by peers who have been successful in the recovery process and can extend the
reach of treatment beyond the clinical setting into an individual's community
and natural environment to support and assist an individual with staying
engaged in the recovery process. Peer recovery specialists (PRSs) are
self-identified consumers who are in successful and ongoing recovery from
mental illness and/or substance use disorders, or are family members of
individuals who are receiving or have received mental health or substance abuse
services. PRSs are employed or seek to be employed to deliver collaborative
support to others who are seeking to recover from a primary diagnosis of mental
illness, addiction, or both.
As of December 31, 2016, there were 430 certified peer recovery
specialists employed across Virginia in public or private mental health or
substance use disorder service settings.6 The demand for PRS
services is expected to expand through the Virginia Medicaid Addiction and Recovery
Treatment Services (ARTS) new substance use disorder benefit. Under the ARTS
benefit, peer support services began to be funded for Medicaid members on July
1, 2017. In order for peer support services to be funded by Medicaid,7
the PRS must be registered by the Department of Health Professions (DHP). This
proposed regulation provides requirements that a PRS must meet in order to
receive DHP registration.
Requirements: The Board proposes to require the following for
persons seeking to become a registered PRS:
1. Have a high school diploma or equivalent.
2. Sign and abide by the Virginia Peer Recovery Specialist Code
of Ethics.8
3. Complete the Department of Behavioral Health and
Developmental Services (DBHDS) peer recovery specialist training.
4. Show current certification in good standing from one of the
following:
a. U.S. Department of Veterans Affairs
b. National Association for Alcoholism and Drug Abuse
Counselors
c. A member board of the International Certification and
Reciprocity
Consortium (IC&RC)
d. Any other certifying body approved by DBHDS
DBHDS peer recovery specialist training lasts 72 hours9
and includes training on the following topics: 1) the current body of mental
health and substance abuse knowledge, 2) the recovery process, 3) promoting
services, supports, and strategies for recovery, 4) peer-to-peer services, 5)
crisis intervention, 6) the value of the role of a peer recovery specialist, 7)
basic principles related to health and wellness, 8) recovery, resiliency, and
wellness plans, 9) stage-appropriate pathways in recovery support, 10) ethics
and ethical boundaries. 11) cultural sensitivity and practice, 12) trauma and
its impact on recovery, 13) community resources, and 14) delivering peer
services within agencies and organizations. Currently, there is no fee for
DBHDS peer recovery specialist training.
The Virginia Certification Board10 is the Virginia
member board of the IC&RC. Requirements to become a Certified Peer Recovery
Specialists via the Virginia Certification Board consist of:
1. High school diploma or GED.
2. Complete the DBHDS peer recovery specialist training.
3. 500 hours of volunteer or paid experience providing peer
recovery support services.11 Volunteer and part-time experience is
acceptable if it is provided under direct supervision. Actual time spent in a
supervised substance abuse or mental health internship, or practicum may be
applied toward the employment requirement.
4. Pass the IC&RC Peer Recovery Specialist Examination.
5. Virginia residency.
The fee for a two-year certification from the Virginia
Certification Board, which includes the application and examination, is $175.
The fee for certification renewal is $75. Twenty hours of peer support specific
continuing education, including six hours in ethics, is also required for
certification renewal.12
Thus for a Virginian who chooses to become certified through
the Virginia Certification Board in order to become professionally qualified to
be a registered peer recovery specialist, she must: 1) have a high school diploma
or GED, 2) sign and abide by the Virginia Peer Recovery Specialist Code of
Ethics, 3) complete the DBHDS peer recovery specialist training, 4) have at
least 500 hours of volunteer or paid experience providing peer recovery support
services, 5) pass the IC&RC Peer Recovery Specialist Examination, and 6)
pay $175 to the Virginia Certification Board.
Conclusion
The U.S. Department of Health and Human Services, Centers for
Medicare and Medicaid Services specifies that:
"Peer support providers must complete training and
certification as defined by the State. Training must provide peer support
providers with a basic set of competencies necessary to perform the peer
support function. The peer must demonstrate the ability to support the recovery
of others from mental illness and/or substance use disorders. Similar to other
provider types, ongoing continuing educational requirements for peer support
providers must be in place."
The proposed regulation meets those requirements, helping
enable Virginia providers of peer support services to receive Medicaid funding.
Businesses and Entities Affected. The proposed regulation
affects businesses and other entities that either provide or are considering
providing peer support services. According to the Department of Medical
Assistance Services, there are approximately 5,891 provider entities with a
unique National Provider Identifier that could be affected if they choose to
participate in the ARTS program. At least half, if not more of these providers,
are small businesses.13
Localities Particularly Affected. The proposed regulation does
not disproportionately affect particular localities.
Projected Impact on Employment. The proposed regulation helps
businesses and other entities that either provide or are considering providing
peer support services qualify for Medicaid funding. This will likely increase
the number of peer recovery specialist positions in the Commonwealth.
Effects on the Use and Value of Private Property. The proposed
regulation helps enable Virginia providers of peer support services to receive
Medicaid funding. Consequently, there may be greater provision of peer support
services by private firms, and their values may increase.
Real Estate Development Costs. The proposed regulation does 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 regulation is beneficial
for small businesses in that it helps meet the federal requirements concerning
set qualifications for peer support providers, helping enable small businesses
that provide or are considering providing peer support services to receive
Medicaid funding.
Alternative Method that Minimizes Adverse Impact. The proposed
regulation is beneficial in that it helps meet the federal requirements
concerning set qualifications for peer support providers, helping enable small
businesses that provide or are considering providing peer support services to
receive Medicaid funding. That said, there is flexibility in determining
qualification requirements. Given that in order to become a registered peer
recovery specialist the candidate must complete extensive training and pass a
qualification exam, requiring 500 hours of supervised experience providing peer
recovery support services prior to becoming certified or registered may be more
than is necessary for assuring competence. Small firms looking to hire
registered peer recovery specialists in order to provide peer support services
and receive Medicaid funding could hire and employ registered peer recovery
specialists sooner if the experience requirement were fewer hours.
Adverse Impacts:
Businesses. The proposed regulation does not adversely affect
businesses.
Localities. The proposed regulation does not adversely affect
localities.
Other Entities. The proposed regulation does not adversely
affect other entities.
References
Davidson, L., C. Bellamy, K. Guy, and R. Miller. 2011. Peer
support among persons with severe mental illnesses: a review of evidence and
experience. World Psychiatry 11:123-128.
Rowe M., C. Bellamy et al. 2007. Reducing alcohol use, drug
use, and criminality among persons with severe mental illness: outcomes of a
Group- and Peer-Based Intervention. Psychiatric Services 58:955-61.
Solomon P, J. Draine, and M. Delaney. 1995. The working
alliance and consumer case management. Journal of Mental Health Administration
22:126-34.
_________________________________________________
1See
http://leg1.state.va.us/cgi-bin/legp504.exe?171+ful+CHAP0418.
2See http://leg1.state.va.us/cgi-bin/legp504.exe?171+ful+CHAP0426.
3See
http://townhall.virginia.gov/l/ViewStage.cfm?stageid=7902.
4See Rowe et al (2007) and Solomon et al (1995).
5See Davison et al (2012).
6Source: Department of Behavioral Health and
Developmental Services.
7Sources: Department of Medical Assistance Services, and
Department of Behavioral Health and Developmental Services.
8See
http://www.dbhds.virginia.gov/library/recovery/code%20of%20 ethical%20conduct%20for%20cprs.pdf.
9Source: Department of Behavioral Health and Developmental
Services.
10See https://www.vacertboard.org/.
11At least 25 of the hours must be supervised and
specific to the four domains: advocacy, ethical responsibility, mentoring and
education, and recovery/wellness support.
12See https://www.vacertboard.org/sites/default/files/VCBRecert
Application.pdf.
13Source: Department of Medical Assistance Services.
Agency's Response to Economic Impact Analysis: The
agency concurs with the economic impact analysis prepared by the Department of
Planning and Budget.
Summary:
Chapters 418 and 426 of the 2017 Acts of Assembly authorize
the State Board of Behavioral Health and Developmental Specialists to adopt
regulations that establish the qualifications, education, and experience for
registration of peer recovery specialists by the Board of Counseling. Peer
recovery specialist (PRS) staff are individuals who are, or family members of
minor or adult children who are, receiving or have received mental health or
substance abuse services. PRS staff are employed or seek to be employed to
deliver collaborative support to others who are seeking to recover from a
primary diagnosis of mental illness, addiction, or both. As of December 31,
2016, there were 430 certified peer recovery specialists employed across
Virginia in public or private mental health or substance use disorder service
settings.
The proposed regulation provides individuals who will be
designated as "peer recovery specialists" a pathway to provide peer
recovery services through the Virginia Medicaid Addiction and Recovery
Treatment Services new substance use disorder benefit, which became available
to Medicaid members receiving addiction treatment services at all levels of
care effective July 1, 2017. The proposed regulations ensure that individuals
providing peer recovery services in Virginia's public system of behavioral
health services meet a baseline of practical knowledge and appropriate
education and qualifications.
CHAPTER 250
PEER RECOVERY SPECIALISTS
12VAC35-250-10. Definitions.
"Certifying body" means an organization approved
by DBHDS that has as one of its purposes the certification of peer recovery
specialists.
"DBHDS" means the Department of Behavioral
Health and Developmental Services.
"DBHDS peer recovery specialist training" means
the curriculum developed and approved by DBHDS for the training of persons
seeking registration as peer recovery specialists.
"Individual" means a person who is receiving
peer recovery support services. This term includes the terms
"consumer," "patient," "resident,"
"recipient," and "client."
"Peer recovery specialist" means a person who by
education and experience is professionally qualified to provide collaborative
services to assist individuals in achieving sustained recovery from the effects
of mental illness, addiction, or both.
"Peer recovery support services" means
collaborative nonclinical, peer-to-peer services that engage, educate, and
support an individual's self-help efforts to improve his health, recovery,
resiliency, and wellness to assist individuals in achieving sustained recovery
from the effects of mental illness, addiction, or both.
"Recovery, resiliency, and wellness plan" means
a set of goals, strategies, and actions an individual creates to guide him and
his health care team to move the individual toward the maximum achievable
independence and autonomy in the community.
"Registered peer recovery specialist" means a
peer recovery specialist who is registered by the Virginia Board of Counseling.
12VAC35-250-20. Peer recovery specialist.
A. Any person seeking to be a peer recovery specialist
under this chapter shall (i) meet the qualifications, education, and experience
requirements established in this chapter and (ii) hold a certification as a
peer recovery specialist from a certifying body approved by DBHDS.
B. If the conditions in clauses (i) and (ii) of subsection
A of this section are met, a person who is one of the following may act as a
peer recovery specialist:
1. A parent of a minor or adult child with a mental illness
or substance use disorder or co-occurring mental illness and substance use
disorder similar to the individual receiving peer recovery services; or
2. An adult with personal experience with a family member
with a mental illness or substance use disorder or co-occurring mental illness
and substance use disorder similar to the individual receiving peer recovery
services.
C. A registered peer recovery specialist shall provide
such services as an employee or independent contractor of DBHDS, a provider
licensed by DBHDS, a practitioner licensed by or holding a permit issued from
the Department of Health Professions, or a facility licensed by the Department
of Health.
D. Any person meeting the qualifications for a peer
recovery specialist set forth in this chapter shall be eligible for
registration by the Virginia Board of Counseling.
12VAC35-250-30. Qualifications.
A. Any person seeking to be a peer recovery specialist
under this chapter shall:
1. Have a high school diploma or equivalent.
2. Sign and abide by the Virginia Peer Recovery Specialist
Code of Ethics, Department of Behavioral Health and Developmental Services,
effective April 4, 2017.
3. Complete the DBHDS peer recovery specialist training.
4. Show current certification in good standing by the U.S.
Department of Veterans Affairs or one of the following certifying bodies:
a. National Association for Alcoholism and Drug Abuse
Counselors (NAADAC);
b. A member board of the International Certification and
Reciprocity Consortium (IC&RC); or
c. Any other certifying body
approved by DBHDS.
B. Individuals certified through the Virginia member board
of the IC&RC between April 16, 2015, through December 31, 2016, shall be
exempt from completing the DBHDS peer recovery specialist training.
12VAC35-250-40. Minimum standards for certifying bodies.
DBHDS may approve a certification obtained from a
certifying body that requires its certificate holders to:
1. Adhere to a code of ethics that is substantially
comparable to the Virginia Peer Recovery Specialist Code of Ethics, Department
of Behavioral Health and Developmental Services, effective April 4, 2017.
2. Have at least one year of recovery for persons having
lived experience with mental illness or substance use disorder conditions, or
lived experience as a family member of someone with mental illness or substance
use disorder conditions.
3. Complete at least 46 hours of training from the list of
curriculum subjects in 12VAC35-250-50.
4. Obtain a passing score on an examination offered by the
certifying body testing knowledge of the curriculum subjects identified in
12VAC35-250-50.
5. Obtain and document at least 500 hours of supervised
paid or volunteer experience providing peer recovery support services in the
three years prior to applying for certification. The experience hours shall
have been in nonclinical, peer-to-peer recovery-oriented support activities
designed to address an individual's recovery and wellness goals.
12VAC35-250-50. Curriculum requirements.
A. Unless the exception in 12VAC35-250-30 B is met, any
person seeking to be a peer recovery specialist under this chapter shall
complete the DBHDS peer recovery specialist training.
B. The curriculum of the peer recovery specialist training
shall include training on the following topics:
1. The current body of mental health and substance abuse
knowledge;
2. The recovery process;
3. Promoting services, supports, and strategies for
recovery;
4. Peer-to-peer services;
5. Crisis intervention;
6. The value of the role of a peer recovery specialist;
7. Basic principles related to health and wellness;
8. Recovery, resiliency, and wellness plans;
9. Stage-appropriate pathways in recovery support;
10. Ethics and ethical boundaries;
11. Cultural sensitivity and practice;
12. Trauma and its impact on recovery;
13. Community resources; and
14. Delivering peer services within agencies and
organizations.
DOCUMENTS INCORPORATED BY REFERENCE (12VAC35-250)
The
Virginia Peer Recovery Support Specialist Code of Ethics, Department of
Behavioral Health and Developmental Services (eff. 4/2017)
VA.R. Doc. No. R17-4808; Filed June 29, 2018, 12:13 p.m.
TITLE 14. INSURANCE
STATE CORPORATION COMMISSION
Proposed Regulation
REGISTRAR'S NOTICE: The
State Corporation Commission is claiming an exemption from the Administrative
Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia,
which exempts courts, any agency of the Supreme Court, and any agency that by
the Constitution is expressly granted any of the powers of a court of record.
Title of Regulation: 14VAC5-300. Rules Governing
Credit for Reinsurance (amending 14VAC5-300-60 through 14VAC5-300-95,
14VAC5-300-110, 14VAC5-300-150).
Statutory Authority: §§ 12.1-13 and 38.2-223 of the
Code of Virginia.
Public Hearing Information: A public hearing will be
held upon request.
Public Comment Deadline: September 20, 2018.
Agency Contact: Raquel C. Pino, Policy Advisor, Bureau
of Insurance, State Corporation Commission, P.O. Box 1157, Richmond, VA 23218,
telephone (804) 371-9499, FAX (804) 371-9873, or email
raquel.pino@scc.virginia.gov.
Summary:
The proposed amendments correct subsection citations to § 38.2-1316.2
of the Code of Virginia pertaining to credit allowed a domestic ceding insurer.
Chapter 477 of the 2017 Acts of Assembly amended § 38.2-1316.2 effective on
July 1, 2017. Certain National Association of Insurance Commissioners documents
incorporated by reference into the regulation have also been updated.
AT RICHMOND, JULY 2, 2018
COMMONWEALTH OF VIRGINIA, ex rel.
STATE CORPORATION COMMISSION
CASE NO. INS-2018-00182
Ex Parte: In the matter of Amending the
Rules Governing Credit for Reinsurance
ORDER TO TAKE NOTICE
Section 12.1-13 of the Code of Virginia ("Code")
provides that the State Corporation Commission ("Commission") shall
have the power to promulgate rules and regulations in the enforcement and administration
of all laws within its jurisdiction, and § 38.2-223 of the Code provides that
the Commission may issue any rules and regulations necessary or appropriate for
the administration and enforcement of Title 38.2 of the Code.
The rules and regulations issued by the Commission pursuant
to § 38.2-223 of the Code are set forth in Title 14 of the Virginia
Administrative Code. A copy also may be found at the Commission's website:
http://www.scc.virginia.gov/case.
The Bureau of Insurance ("Bureau") has submitted to
the Commission proposed amendments to rules set forth in Chapter 300 of Title
14 of the Virginia Administrative Code, entitled Rules Governing Credit for
Reinsurance, 14 VAC 5-300-10 et seq. ("Rules"), which amend the
Rules at 14 VAC 5-300-60 through 14 VAC 5-300-95, 14 VAC 5-300-110, and
14 VAC 5-300-150.
The amendments to Chapter 300 are necessary to correct
subsection references to § 38.2-1316.2 of the Code pertaining to
credit allowed a domestic ceding insurer. The subsection references to § 38.2-1316.2
are being changed due to the enactment of Chapter 477 of the 2017 Acts of
Assembly, which took effect on July 1, 2017.
NOW THE COMMISSION is of the opinion that the proposed
amendments submitted by the Bureau to amend the Rules at 14 VAC 5-300-60
through 14 VAC 5-300-95, 14 VAC 5-300-110, and
14 VAC 5-300-150, should be considered for adoption with a proposed
effective date of November 1, 2018.
Accordingly, IT IS ORDERED THAT:
(1) The proposal to amend the Rules at 14 VAC 5-300-60
through 14 VAC 5-300-95, 14 VAC 5-300-110, and 14 VAC 5-300-150
is attached hereto and made a part hereof.
(2) All interested persons who desire to comment in support
of or in opposition to, or request a hearing to consider the amendments to the
Rules, shall file such comments or hearing request on or before September 20,
2018, with Joel H. Peck, Clerk, State Corporation Commission, c/o Document
Control Center, P.O. Box 2118, Richmond, Virginia 23218. Interested persons
desiring to submit comments electronically may do so by following the
instructions at the Commission's website:
http://www.scc.virginia.gov/case. All comments shall refer to Case No.
INS-2018-00182.
(3) If no written request for a hearing on the proposal to
amend the Rules, as outlined in this Order, is received on or before September
20, 2018, the Commission, upon consideration of any comments submitted in
support of or in opposition to the proposal, may adopt the Rules as submitted
by the Bureau.
(4) The Bureau forthwith shall provide notice of the proposal
to amend the Rules to all insurers, burial societies, fraternal benefit
societies, health services plans, risk retention groups, joint underwriting
associations, group self-insurance pools, and group self-insurance associations
licensed by the Commission, to qualified reinsurers in Virginia, and to all
interested persons.
(5) The Commission's Division of Information Resources
forthwith shall cause a copy of this Order, together with the proposal to amend
the Rules, to be forwarded to the Virginia Registrar of Regulations for
appropriate publication in the Virginia Register of Regulations.
(6) The Commission's Division of Information Resources shall
make available this Order and the attached proposed amendment to the Rules on
the Commission's website: http://www.scc.virginia.gov/case.
(7) The Bureau shall file with the Clerk of the Commission an
affidavit of compliance with the notice requirements of Ordering Paragraph (4)
above.
(8) This matter is continued.
AN ATTESTED COPY hereof shall be sent by the Clerk of the
Commission to: Office of the Attorney General, Division of Consumer
Counsel, 202 N. 9th Street, 8th Floor, Richmond, Virginia 23219-3424; and a
copy hereof shall be delivered to the Commission's Office of General Counsel
and the Bureau of Insurance in care of Deputy Commissioner Donald C. Beatty.
14VAC5-300-60. Credit for reinsurance; reinsurer licensed in
this Commonwealth.
Pursuant to § 38.2-1316.2 A 1 and B C 1 of
the Act, the commission shall allow credit when reinsurance is ceded to an assuming
insurer which is licensed to transact insurance in this Commonwealth. For
purposes of this section, an insurer shall not be considered so
"licensed" unless it is fully authorized to actively solicit and
conduct its business in this Commonwealth and in its domiciliary state.
14VAC5-300-70. Credit for reinsurance; accredited reinsurers.
A. Pursuant to § 38.2-1316.2 A C 2 of the
Act, the commission shall allow credit for reinsurance ceded by a domestic
insurer to an assuming insurer that is accredited as a reinsurer in this
Commonwealth as of the date on which statutory financial statement credit for
reinsurance is claimed. An accredited reinsurer shall:
1. File a properly executed Certificate of Assuming Insurer as
evidence of its submission to this Commonwealth's jurisdiction and to this
Commonwealth's authority to examine its books and records;
2. File with the commission a certified copy of a certificate
of authority or other acceptable evidence that it is licensed to transact
insurance or reinsurance in at least one state, or, in the case of a United
States branch of an alien assuming insurer, is entered through and licensed to
transact insurance or reinsurance in at least one state;
3. File annually with the commission an electronic copy of its
annual statement filed with the insurance department of its state of domicile
or, in the case of an alien assuming insurer, with the state through which it
is entered and in which it is licensed to transact insurance or reinsurance,
and a copy of its most recent audited financial statement; and
4. Maintain a surplus as regards policyholders in an amount
not less than $20 million, or obtain the affirmative approval of the commission
upon a finding that it has adequate financial capacity to meet its reinsurance
obligations and is otherwise qualified to assume reinsurance from domestic
insurers.
B. If the commission determines that the assuming insurer has
failed to meet or maintain any of these qualifications, the commission may upon
written notice and opportunity for hearing, suspend, or revoke the
accreditation. Credit shall not be allowed a domestic ceding insurer under this
section if the assuming insurer's accreditation has been revoked by the
commission, or if the reinsurance was ceded while the assuming insurer's
accreditation was under suspension by the commission.
14VAC5-300-80. Credit for reinsurance; reinsurer domiciled and
licensed in another state, and neither licensed nor accredited in Virginia.
A. Pursuant to the provisions of § 38.2-1316.2 A C
3 of the Act, the commission shall allow credit
for reinsurance ceded by a domestic insurer to an assuming
insurer that as of any date on which statutory financial statement credit for
reinsurance is claimed:
1. Is domiciled in (or, in the case of a United States
branch of an alien assuming insurer, is entered through) a state that
employs standards regarding credit for reinsurance substantially similar to
those applicable under the Act and this chapter;
2. Maintains a surplus as regards policyholders in an amount
not less than $20 million; and
3. Files a properly executed Certificate of Assuming Insurer
with the commission as evidence of its submission to this Commonwealth's
authority to examine its books and records.
B. The provisions of this section relating to surplus as
regards policyholders shall not apply to reinsurance ceded and assumed pursuant
to pooling arrangements among insurers in the same holding company system. As
used in this section, "substantially similar" standards means credit
for reinsurance standards that the commission determines equal or exceed the
standards of the Act and this chapter.
14VAC5-300-90. Credit for reinsurance; reinsurers maintaining
trust funds.
A. Pursuant to § 38.2-1316.2 A C 4 of the Act,
the commission shall allow credit for reinsurance ceded to a trusteed assuming
insurer which, as of the date of the ceding insurer's statutory financial
statement:
1. Maintains a trust fund and trusteed surplus that complies
with the provisions of § 38.2-1316.2 A C 4;
2. Complies with the requirements set forth in subsections B,
C, and D of this section; and
3. Reports annually to the commission on or before June 1 of
each year in which a ceding insurer seeks reserve credit under the Act
substantially the same information as that required to be reported on the NAIC
annual statement form by licensed insurers, to enable the commission to
determine the sufficiency of the trust fund. The accounting shall, among other
things, set forth the balance to the trust and list the trust's investments as
of the preceding year end and shall certify the date of termination of the
trust, if so planned, or certify that the trust shall not expire prior to the
next following December 31.
B. The following requirements apply to the following categories
of assuming insurer:
1. The trust fund for a single assuming insurer shall consist
of funds in trust in an amount not less than the assuming insurer's liabilities
attributable to reinsurance ceded by United States domiciled insurers, and in
addition, the assuming insurer shall maintain a trusteed surplus of not less
than $20 million, except as provided in subdivision 2 of this subsection.
2. At any time after the assuming insurer has permanently
discontinued underwriting new business secured by the trust for at least three
full years, the commissioner with principal regulatory oversight of the trust
may authorize a reduction in the required trusteed surplus, but only after a
finding, based on an assessment of the risk, that the new required surplus
level is adequate for the protection of United States ceding insurers,
policyholders, and claimants in light of reasonably foreseeable adverse loss
development. The risk assessment may involve an actuarial review, including an
independent analysis of reserves and cash flows, and shall consider all
material risk factors, including when applicable the lines of business
involved, the stability of the incurred loss estimates, and the effect
of the surplus requirements on the assuming insurer's liquidity or solvency.
The minimum required trusteed surplus may not be reduced to an amount less than
30% of the assuming insurer's liabilities attributable to reinsurance ceded by
United States ceding insurers covered by the trust.
3. a. The trust fund for a group including incorporated and
individual unincorporated underwriters shall consist of:
(1) For reinsurance ceded under reinsurance agreements with an
inception, amendment, or renewal date on or after January 1, 1993, funds
in trust in an amount not less than the respective underwriters' several
liabilities attributable to business ceded by United States domiciled ceding
insurers to any underwriter of the group;
(2) For reinsurance ceded under reinsurance agreements with an
inception date on or before December 31, 1992, and not amended or renewed after
that date, notwithstanding the other provisions of this chapter, funds in trust
in an amount not less than the respective underwriters' several insurance and
reinsurance liabilities attributable to business written in the United States;
and
(3) In addition to these trusts, the group shall maintain a
trusteed surplus of which $100 million shall be held jointly for the benefit of
the United States domiciled ceding insurers of any member of the group for all
the years of account.
b. The incorporated members of the group shall not be engaged
in any business other than underwriting as a member of the group and shall be
subject to the same level of regulation and solvency control by the group's
domiciliary regulator as are the unincorporated members. The group shall,
within 90 days after its financial statements are due to be filed with the
group's domiciliary regulator, provide to the commission:
(1) An annual certification by the group's domiciliary
regulator of the solvency of each underwriter member of the group; or
(2) If a certification is unavailable, a financial statement,
prepared by independent public accountants, of each underwriter member
of the group.
4. a. The trust fund for a group of incorporated insurers
under common administration, whose members possess aggregate policyholders
surplus of $10 billion (calculated and reported in substantially the same
manner as prescribed by the NAIC Annual Statement Instructions and the NAIC
Accounting Practices and Procedures Manual) and which has continuously
transacted an insurance business outside the United States for at least three
years immediately prior to making application for accreditation, shall:
(1) Consist of funds in trust in an amount not less than the
assuming insurers' several liabilities attributable to business ceded by United
States domiciled ceding insurers to any members of the group pursuant to
reinsurance contracts issued in the name of such group;
(2) Maintain a joint trusteed surplus of which $100 million
shall be held jointly for the benefit of United States domiciled ceding
insurers of any member of the group; and
(3) File a properly executed Certificate of Assuming Insurer
as evidence of the submission to this Commonwealth's authority to examine the
books and records of any of its members and shall certify that any member
examined will bear the expense of any such examination.
b. Within 90 days after the statements are due to be filed
with the group's domiciliary regulator, the group shall file with the
commission an annual certification of each underwriter member's solvency by the
member's domiciliary regulators, and financial statements, prepared by
independent public accountants, of each underwriter member of the group.
C. 1. Credit for reinsurance shall not be granted unless the
form of the trust and any amendments to the trust have been approved by either
the commissioner of the state where the trust is domiciled or the commissioner
of another state who, pursuant to the terms of the trust instrument, has
accepted responsibility for regulatory oversight of the trust. The form of the
trust and any trust amendments also shall be filed with the commissioner of
every state in which the ceding insurer beneficiaries of the trust are
domiciled. The trust instrument shall provide that:
a. Contested claims shall be valid and enforceable out of
funds in trust to the extent remaining unsatisfied 30 days after entry of the
final order of any court of competent jurisdiction in the United States;
b. Legal title to the assets of the trust shall be vested in
the trustee for the benefit of the grantor's United States policyholders and
ceding insurers, their assigns and successors in interest;
c. The trust and the assuming insurer shall be subject to
examination as determined by the commission;
d. The trust shall remain in effect for as long as the
assuming insurer, or any member or former member of a group of insurers, shall
have outstanding obligations under reinsurance agreements subject to the trust;
and
e. No later than February 28 of each year the trustees of the
trust (i) shall report to the commission in writing setting forth the balance
in the trust and listing the trust's investments at the preceding year end and
(ii) shall certify the date of termination of the trust, if so planned, or
certify that the trust shall not expire prior to the next December 31.
2. a. Notwithstanding any other provisions in the trust
instrument, if the trust fund is inadequate because it contains an amount less
than the amount required by this subsection or if the grantor of the trust has
been declared insolvent or placed into receivership, rehabilitation,
liquidation, or similar proceedings under the laws of its state or
country of domicile, the trustee shall comply with an order of the commissioner
with regulatory oversight over the trust or with an order of a court of
competent jurisdiction directing the trustee to transfer to the commissioner
with regulatory oversight over the trust or other designated receiver all of
the assets of the trust fund.
b. The assets shall be distributed by and claims shall be
filed with and valued by the commissioner with regulatory oversight over the
trust in accordance with the laws of the state in which the trust is domiciled
applicable to the liquidation of domestic insurance companies.
c. If the commissioner with regulatory oversight over the
trust determines that the assets of the trust fund or any part thereof are not
necessary to satisfy the claims of the United States beneficiaries of the
trust, the commissioner with regulatory oversight over the trust shall return
the assets, or any part thereof, to the trustee for distribution in accordance
with the trust agreement.
d. The grantor shall waive any right otherwise available to it
under United States law that is inconsistent with this provision.
D. For purposes of this section, the term
"liabilities" shall mean the assuming insurer's gross liabilities
attributable to reinsurance ceded by United States domiciled insurers,
excluding liabilities that are otherwise secured by acceptable means, and,
shall include:
1. For business ceded by domestic insurers authorized to write
accident and health, and property and casualty insurance:
a. Losses and allocated loss expenses paid by the ceding
insurer, recoverable from the assuming insurer;
b. Reserves for losses reported and outstanding;
c. Reserves for losses incurred but not reported;
d. Reserves for allocated loss expenses; and
e. Unearned premiums.
2. For business ceded by domestic insurers authorized to write
life, health, and annuity insurance:
a. Aggregate reserves for life policies and contracts net of
policy loans and net due and deferred premiums;
b. Aggregate reserves for accident and health policies;
c. Deposit funds and other liabilities without life or
disability contingencies; and
d. Liabilities for policy and contract claims.
E. Assets deposited in trusts established pursuant to
§ 38.2-1316.2 of the Act and this section shall be valued according to
their current fair market value and shall consist only of cash in United States
dollars, certificates of deposit issued by a United States financial
institution as defined in § 38.2-1316.1 of the Act, clean, irrevocable,
unconditional, and "evergreen" letters of credit issued or confirmed
by a qualified United States financial institution, as defined in
§ 38.2-1316.1, and investments of the type specified in this subsection,
but investments in or issued by an entity controlling, controlled by or under
common control with either the grantor or beneficiary of the trust shall not
exceed 5.0% of total investments. No more than 20% of the total of the investments
in the trust may be foreign investments authorized under subdivisions 1 e, 3, 5
b, or 6 of this subsection, and no more than 10% of the total of the
investments in the trust may be securities denominated in foreign currencies.
For purposes of applying the preceding sentence, a depository receipt
denominated in United States dollars and representing rights conferred by a
foreign security shall be classified as a foreign investment denominated in a
foreign currency. The assets of a trust established to satisfy the requirements
of § 38.2-1316.2 shall be invested only as follows:
1. Government obligations that are not in default as to
principal or interest, that are valid and legally authorized and that are
issued, assumed, or guaranteed by:
a. The United States or by any agency or instrumentality of
the United States;
b. A state of the United States;
c. A territory, possession, or other governmental unit of the
United States;
d. An agency or instrumentality of a governmental unit
referred to in subdivisions 1 b and c of this subsection if the obligations
shall be by law (statutory or otherwise) payable, as to both principal
and interest, from taxes levied or by law required to be levied or from
adequate special revenues pledged or otherwise appropriated or by law required
to be provided for making these payments, but shall not be obligations eligible
for investment under this subsection if payable solely out of special assessments
on properties benefited by local improvements; or
e. The government of any other country that is a member of the
Organization for Economic Cooperation and Development and whose government
obligations are rated A or higher, or the equivalent, by a rating agency
recognized by the Securities Valuation Office of the NAIC;
2. Obligations that are issued in the United States, or that
are dollar denominated and issued in a non-United States market, by a solvent
United States institution (other than an insurance company) or that are assumed
or guaranteed by a solvent United States institution (other than an insurance
company) and that are not in default as to principal or interest if the
obligations:
a. Are rated A or higher (or the equivalent) by a securities
rating agency recognized by the Securities Valuation Office of the NAIC, or if
not so rated, are similar in structure and other material respects to other
obligations of the same institution that are so rated;
b. Are insured by at least one authorized insurer (other than
the investing insurer or a parent, subsidiary or affiliate of the investing
insurer) licensed to insure obligations in this Commonwealth and, after
considering the insurance, are rated AAA (or the equivalent) by a securities
rating agency recognized by the Securities Valuation Office of the NAIC; or
c. Have been designated as Class One or Class Two by the
Securities Valuation Office of the NAIC;
3. Obligations issued, assumed or guaranteed by a solvent
non-United States institution chartered in a country that is a member of the
Organization for Economic Cooperation and Development or obligations of United
States corporations issued in a non-United States currency, provided that in
either case the obligations are rated A or higher, or the equivalent, by a
rating agency recognized by the Securities Valuation Office of the NAIC;
4. An investment made pursuant to the provisions of
subdivision 1, 2, or 3 of this subsection shall be subject to the following
additional limitations:
a. An investment in or loan upon the obligations of an
institution other than an institution that issues mortgage-related securities
shall not exceed 5.0% of the assets of the trust;
b. An investment in any one mortgage-related security shall
not exceed 5.0% of the assets of the trust;
c. The aggregate total investment in mortgage-related
securities shall not exceed 25% of the assets of the trust; and
d. Preferred or guaranteed shares issued or guaranteed by a
solvent United States institution are permissible investments if all of the
institution's obligations are eligible as investments under subdivisions 2 a
and 2 c of this subsection, but shall not exceed 2.0% of the assets of
the trust.
5. Equity interests.
a. Investments in common shares or partnership interests of a
solvent United States institution are permissible if:
(1) Its obligations and preferred shares, if any, are eligible
as investments under this subsection; and
(2) The equity interests of the institution (except an
insurance company) are registered on a national securities exchange as provided
in the Securities Exchange Act of 1934, 15 USC §§ 78 a to 78 kk or otherwise
registered pursuant to that Act, and if otherwise registered, price quotations
for them are furnished through a nationwide automated quotations system
approved by the Financial Industry Regulatory Authority, or successor
organization. A trust shall not invest in equity interests under this
subdivision an amount exceeding 1.0% of the assets of the trust even though the
equity interests are not so registered and are not issued by an insurance
company;
b. Investments in common shares of a solvent institution
organized under the laws of a country that is a member of the Organization for
Economic Cooperation and Development, if:
(1) All its obligations are rated A or higher, or the
equivalent, by a rating agency recognized by the Securities Valuation Office of
the NAIC; and
(2) The equity interests of the institution are registered on
a securities exchange regulated by the government of a country that is a member
of the Organization for Economic Cooperation and Development;
c. An investment in or loan upon any one institution's
outstanding equity interests shall not exceed 1.0% of the assets of the trust.
The cost of an investment in equity interests made pursuant to this
subdivision, when added to the aggregate cost of other investments in equity
interests then held pursuant to this subdivision, shall not exceed 10% of the
assets in the trust;
6. Obligations issued, assumed, or guaranteed by a
multinational development bank, provided the obligations are rated A or higher,
or the equivalent, by a rating agency recognized by the Securities Valuation
Office of the NAIC.
7. Investment companies.
a. Securities of an investment company registered pursuant to
the Investment Company Act of 1940, 15 USC § 80 a, are permissible
investments if the investment company:
(1) Invests at least 90% of its assets in the types of
securities that qualify as an investment under subdivision 1, 2, or 3 of this
subsection or invests in securities that are determined by the commission to be
substantively similar to the types of securities set forth in subdivision 1, 2,
or 3 of this subsection; or
(2) Invests at least 90% of its assets in the types of equity
interests that qualify as an investment under subdivision 5 a of this
subsection;
b. Investments made by a trust in investment companies under
this subdivision shall not exceed the following limitations:
(1) An investment in an investment company qualifying under
subdivision 7 a (1) of this subsection shall not exceed 10% of the assets in
the trust and the aggregate amount of investment in qualifying investment
companies shall not exceed 25% of the assets in the trust; and
(2) Investments in an investment company qualifying under
subdivision 7 a (2) of this subsection shall not exceed 5.0% of the assets in
the trust and the aggregate amount of investment in qualifying investment
companies shall be included when calculating the permissible aggregate value of
equity interests pursuant to subdivision 5 a of this subsection.
8. Letters of credit.
a. In order for a letter of credit to qualify as an asset of
the trust, the trustee shall have the right and the obligation pursuant to the
deed of trust or some other binding agreement (as duly approved by the
commission), to immediately draw down the full amount of the letter of
credit and hold the proceeds in trust for the beneficiaries of the trust if the
letter of credit will otherwise expire without being renewed or replaced.
b. The trust agreement shall provide that the trustee shall be
liable for its negligence, willful misconduct, or lack of good faith.
The failure of the trustee to draw against the letter of credit in
circumstances where such draw would be required shall be deemed to be
negligence and/or willful misconduct.
F. A specific security provided to a ceding insurer by an
assuming insurer pursuant to 14VAC5-300-100 shall be applied, until exhausted,
to the payment of liabilities of the assuming insurer to the ceding insurer
holding the specific security prior to, and as a condition precedent for,
presentation of a claim by the ceding insurer for payment by a trustee of a
trust established by the assuming insurer pursuant to this section.
14VAC5-300-95. Credit for reinsurance; certified reinsurers.
A. Pursuant to § 38.2-1316.2 B D of the
Act, the commission shall allow credit for reinsurance ceded by a domestic
insurer to an assuming insurer that has been certified as a reinsurer in this
Commonwealth at all times for which statutory financial statement credit for
reinsurance is claimed under this section. The credit allowed shall be based
upon the security held by or on behalf of the ceding insurer in accordance with
a rating assigned to the certified reinsurer by the commission. The security
shall be in a form consistent with the provisions of § 38.2-1316.2 B
D and 14VAC5-300-110, 14VAC5-300-120, 14VAC5-300-130, or
14VAC5-300-140. The amount of security required in order for full credit to be
allowed shall correspond with the following requirements:
1. Ratings
|
Security Required
|
|
Secure – 1
|
0.0%
|
|
Secure – 2
|
10%
|
|
Secure – 3
|
20%
|
|
Secure – 4
|
50%
|
|
Secure – 5
|
75%
|
|
Vulnerable – 6
|
100%
|
2. Affiliated reinsurance transactions shall receive the same
opportunity for reduced security requirements as all other reinsurance
transactions.
3. The commission shall require the certified reinsurer to
post 100%, for the benefit of the ceding insurer or its estate, security upon
the entry of an order of rehabilitation, liquidation, or conservation against
the ceding insurer.
4. In order to facilitate the prompt payment of claims, a
certified reinsurer shall not be required to post security for catastrophe
recoverables for a period of one year from the date of the first instance of a
liability reserve entry by the ceding company as a result of a loss from a
catastrophic occurrence that is likely to result in significant insured losses,
as recognized by the commission. The one year deferral period is contingent
upon the certified reinsurer continuing to pay claims in a timely manner.
Reinsurance recoverables for only the following lines of business as reported
on the NAIC annual financial statement related specifically to the catastrophic
occurrence will be included in the deferral:
a. Line 1: Fire
b. Line 2: Allied Lines
c. Line 3: Farmowners multiple peril
d. Line 4: Homeowners multiple peril
e. Line 5: Commercial multiple peril
f. Line 9: Inland marine
g. Line 12: Earthquake
h. Line 21: Auto physical damage
5. Credit for reinsurance under this section shall apply only
to reinsurance contracts entered into or renewed on or after the effective date
of the certification of the assuming insurer. Any reinsurance contract entered
into prior to the effective date of the certification of the assuming insurer
that is subsequently amended by mutual agreement of the parties to the
reinsurance contract after the effective date of the certification of the assuming
insurer, or a new reinsurance contract, covering any risk for which collateral
was provided previously, shall only be subject to this section with respect to
losses incurred and reserves reported from and after the effective date of the
amendment or new contract.
6. Nothing in this section shall prohibit the parties to a
reinsurance agreement from agreeing to provisions establishing security
requirements that exceed the minimum security requirements established for
certified reinsurers under this section.
B. Certification procedure.
1. The commission shall post notice on the Bureau of
Insurance's website promptly upon receipt of any application for certification,
including instructions on how members of the public may respond to the
application. The commission may not take final action on the application until
at least 30 days after posting the notice required by this subdivision.
2. The commission shall issue written notice to an assuming
insurer that has made application and been approved as a certified reinsurer.
Included in such notice shall be the rating assigned the certified reinsurer in
accordance with subsection A of this section. The commission shall publish a
list of all certified reinsurers and their ratings.
3. In order to be eligible for certification, the assuming
insurer shall meet the following requirements:
a. The assuming insurer shall be domiciled and licensed to
transact insurance or reinsurance in a qualified jurisdiction, as determined by
the commission pursuant to subsection C of this section.
b. The assuming insurer shall maintain capital and surplus, or
its equivalent, of no less than $250 million calculated in accordance with
subdivision 4 h of this subsection. This requirement may also be satisfied by
an association including incorporated and individual unincorporated
underwriters having minimum capital and surplus equivalents (net of
liabilities) of at least $250 million and a central fund containing a balance
of at least $250 million.
c. The assuming insurer shall maintain financial strength
ratings from two or more rating agencies deemed acceptable by the commission.
These ratings shall be based on interactive communication between the rating
agency and the assuming insurer and shall not be based solely on publicly
available information. These financial strength ratings will be one factor used
by the commission in determining the rating that is assigned to the assuming
insurer. Acceptable rating agencies include the following:
(1) Standard & Poor's;
(2) Moody's Investors Service;
(3) Fitch Ratings;
(4) A.M. Best Company; or
(5) Any other nationally recognized statistical rating
organization.
d. The certified reinsurer shall comply with any other
requirements reasonably imposed by the commission.
4. Each certified reinsurer shall be rated on a legal entity
basis, with due consideration being given to the group rating where
appropriate, except that an association including incorporated and individual
unincorporated underwriters that has been approved to do business as a single
certified reinsurer may be evaluated on the basis of its group rating. Factors
that may be considered as part of the evaluation process include, but are not
limited to, the following:
a. The certified reinsurer's financial strength rating from an
acceptable rating agency. The maximum rating that a certified reinsurer may be
assigned will correspond to its financial strength rating as outlined in the
table below. The commission shall use the lowest financial strength rating
received from an approved rating agency in establishing the maximum rating of a
certified reinsurer. A failure to obtain or maintain at least two financial
strength ratings from acceptable rating agencies will result in loss of
eligibility for certification:
Ratings
|
Best
|
S&P
|
Moody's
|
Fitch
|
Secure – 1
|
A++
|
AAA
|
Aaa
|
AAA
|
Secure – 2
|
A+
|
AA+, AA, AA-
|
Aa1, Aa2, Aa3
|
AA+, AA, AA-
|
Secure – 3
|
A
|
A+, A
|
A1, A2
|
A+, A
|
Secure – 4
|
A-
|
A-
|
A3
|
A-
|
Secure – 5
|
B++, B+
|
BBB+, BBB, BBB-
|
Baa1, Baa2, Baa3
|
BBB+, BBB, BBB-
|
Vulnerable – 6
|
B, B-, C++, C+, C, C-, D, E, F
|
BB+, BB, BB-, B+, B, B-, CCC,
CC, C, D, R
|
Ba1, Ba2, Ba3, B1, B2, B3,
Caa, Ca, C
|
BB+, BB, BB-, B+, B, B-, CCC+,
CC, CCC-, DD
|
b. The business practices of the certified reinsurer in
dealing with its ceding insurers, including its record of compliance with
reinsurance contractual terms and obligations;
c. For certified reinsurers domiciled in the United States, a
review of the most recent applicable NAIC annual statement blank, either
Schedule F (for property/casualty reinsurers) or Schedule S (for life and
health reinsurers);
d. For certified reinsurers not domiciled in the United
States, a review annually of the Assumed Reinsurance Form CR-F (for
property/casualty reinsurers) or the Reinsurance Assumed Life Insurance,
Annuities, Deposit Funds and Other Liabilities Form CR-S (for life and health
reinsurers) of this chapter;
e. The reputation of the certified reinsurer for prompt payment
of claims under reinsurance agreements, based on an analysis of ceding
insurers' Schedule F reporting of overdue reinsurance recoverables, including
the proportion of obligations that are more than 90 days past due or are in
dispute, with specific attention given to obligations payable to companies that
are in administrative supervision or receivership;
f. Regulatory actions against the certified reinsurer;
g. The report of the independent auditor on the financial
statements of the insurance enterprise, on the basis described in subdivision 4
h of this subsection;
h. For certified reinsurers not domiciled in the United
States, audited financial statements (audited United States GAAP basis if
available, audited IFRS basis statements are allowed but shall include an
audited footnote reconciling equity and net income to a United States GAAP
basis), regulatory filings, and actuarial opinion (as filed with the non-United
States jurisdiction supervisor). Upon the initial application for
certification, the commission will consider audited financial statements for
the last three years filed with its non-United States jurisdiction supervisor;
i. The liquidation priority of obligations to a ceding insurer
in the certified reinsurer's domiciliary jurisdiction in the context of an
insolvency proceeding;
j. A certified reinsurer's participation in any solvent scheme
of arrangement, or similar procedure, which involves United States ceding
insurers. The commission shall receive prior notice from a certified reinsurer
that proposes participation by the certified reinsurer in a solvent scheme of
arrangement; and
k. Any other information deemed relevant by the commission.
5. Based on the analysis conducted under subdivision 4 e of
this subsection of a certified reinsurer's reputation for prompt payment of
claims, the commission may make appropriate adjustments in the security the
certified reinsurer is required to post to protect its liabilities to United
States ceding insurers, provided that the commission shall, at a minimum,
increase the security the certified reinsurer is required to post by one rating
level under subdivision 4 a of this subsection if the commission finds that:
a. More than 15% of the certified reinsurer's ceding insurance
clients have overdue reinsurance recoverables on paid losses of 90 days or more
that are not in dispute and that exceed $100,000 for each cedent; or
b. The aggregate amount of reinsurance recoverables on paid
losses that are not in dispute that are overdue by 90 days or more exceeds $50
million.
6. The assuming insurer shall submit a properly executed
Certificate of Certified Reinsurer as evidence of its submission to the
jurisdiction of this Commonwealth, appointment of the commission as an agent
for service of process in this Commonwealth, and agreement to provide security
for 100% of the assuming insurer's liabilities attributable to reinsurance
ceded by United States ceding insurers if it resists enforcement of a final
United States judgment. The commission shall not certify any assuming insurer
that is domiciled in a jurisdiction that the commission has determined does not
adequately and promptly enforce final United States judgments or arbitration
awards.
7. The certified reinsurer shall agree to meet applicable information
filing requirements as determined by the commission, both with respect to an
initial application for certification and on an ongoing basis. All information
submitted by certified reinsurers that are not otherwise public information
subject to disclosure shall be exempted from disclosure under
§§ 38.2-221.3 and 38.2-1306.1 of the Act and shall be withheld from public
disclosure. The applicable information filing requirements are, as
follows:
a. Notification within 10 days of any regulatory actions taken
against the certified reinsurer, any change in the provisions of its
domiciliary license, or any change in rating by an approved rating
agency, including a statement describing such changes and the reasons
therefore;
b. Annually, Form CR-F or CR-S, as applicable;
c. Annually, the report of the independent auditor on the
financial statements of the insurance enterprise, on the basis described in
subdivision 7 d of this subsection;
d. Annually, audited financial statements (audited United
States GAAP basis if available, audited IFRS basis statements are allowed but
shall include an audited footnote reconciling equity and net income to a United
States GAAP basis), regulatory filings, and actuarial opinion (as filed with
the certified reinsurer's supervisor). Upon the initial certification, audited
financial statements for the last three years filed with the certified
reinsurer's supervisor;
e. At least annually, an updated list of all disputed and
overdue reinsurance claims regarding reinsurance assumed from United States
domestic ceding insurers;
f. A certification from the certified reinsurer's domestic
regulator that the certified reinsurer is in good standing and maintains
capital in excess of the jurisdiction's highest regulatory action level; and
g. Any other information that the commission may reasonably
require.
8. Change in rating or revocation of certification.
a. In the case of a downgrade by a rating agency or other
disqualifying circumstance, the commission shall upon written notice assign a
new rating to the certified reinsurer in accordance with the requirements of
subdivision 4 a of this subsection.
b. The commission shall have the authority to suspend, revoke,
or otherwise modify a certified reinsurer's certification at any time if the
certified reinsurer fails to meet its obligations or security requirements
under this section, or if other financial or operating results of the certified
reinsurer, or documented significant delays in payment by the certified
reinsurer, lead the commission to reconsider the certified reinsurer's ability
or willingness to meet its contractual obligations.
c. If the rating of a certified reinsurer is upgraded by the
commission, the certified reinsurer may meet the security requirements
applicable to its new rating on a prospective basis, but the commission shall
require the certified reinsurer to post security under the previously
applicable security requirements as to all contracts in force on or before the
effective date of the upgraded rating. If the rating of a certified reinsurer
is downgraded by the commission, the commission shall require the certified
reinsurer to meet the security requirements applicable to its new rating for
all business it has assumed as a certified reinsurer.
d. Upon revocation of the certification of a certified
reinsurer by the commission, the assuming insurer shall be required to post
security in accordance with 14VAC5-300-110 in order for the ceding insurer to
continue to take credit for reinsurance ceded to the assuming insurer. If funds
continue to be held in trust in accordance with 14VAC5-300-90, the commission
may allow additional credit equal to the ceding insurer's pro rata share of
such funds, discounted to reflect the risk of uncollectibility and anticipated
expenses of trust administration. Notwithstanding the change of a certified
reinsurer's rating or revocation of its certification, a domestic insurer that
has ceded reinsurance to that certified reinsurer may not be denied credit for
reinsurance for a period of three months for all reinsurance ceded to that
certified reinsurer, unless the reinsurance is found by the commission to be at
high risk of uncollectibility.
C. Qualified jurisdictions.
1. If, upon conducting an evaluation under this section with
respect to the reinsurance supervisory system of any non-United States assuming
insurer, the commission determines that the jurisdiction qualifies to be
recognized as a qualified jurisdiction, the commission shall publish notice and
evidence of such recognition in an appropriate manner. The commission may
establish a procedure to withdraw recognition of those jurisdictions that are
no longer qualified.
2. In order to determine whether the domiciliary jurisdiction
of a non-United States assuming insurer is eligible to be recognized as a
qualified jurisdiction, the commission shall evaluate the reinsurance
supervisory system of the non-United States jurisdiction, both initially and on
an ongoing basis, and consider the rights, benefits, and the extent of
reciprocal recognition afforded by the non-United States jurisdiction to
reinsurers licensed and domiciled in the United States. The commission shall
determine the appropriate approach for evaluating the qualifications of such
jurisdictions, and create and publish a list of jurisdictions whose reinsurers
may be approved by the commission as eligible for certification. A qualified
jurisdiction shall agree to share information and cooperate with the commission
with respect to all certified reinsurers domiciled within that jurisdiction.
Additional factors to be considered in determining whether to recognize a
qualified jurisdiction, in the discretion of the commission, include but are
not limited to the following:
a. The framework under which the assuming insurer is regulated.
b. The structure and authority of the domiciliary regulator
with regard to solvency regulation requirements and financial surveillance.
c. The substance of financial and operating standards for
assuming insurers in the domiciliary jurisdiction.
d. The form and substance of financial reports required to be
filed or made publicly available by reinsurers in the domiciliary jurisdiction
and the accounting principles used.
e. The domiciliary regulator's willingness to cooperate with
United States regulators in general and the commission in particular.
f. The history of performance by assuming insurers in the
domiciliary jurisdiction.
g. Any documented evidence of substantial problems with the
enforcement of final United States judgments in the domiciliary jurisdiction. A
jurisdiction will not be considered to be a qualified jurisdiction if the
commission has determined that it does not adequately and promptly enforce
final United States judgments or arbitration awards.
h. Any relevant international standards or guidance with
respect to mutual recognition of reinsurance supervision adopted by the
International Association of Insurance Supervisors or successor organization.
i. Any other matters deemed relevant by the commission.
3. A list of qualified jurisdictions shall be published
through the NAIC committee process. The commission shall consider this list in
determining qualified jurisdictions. If the commission approves a jurisdiction
as qualified that does not appear on the list of qualified jurisdictions, the
commission shall provide thoroughly documented justification with respect to
the criteria provided under subdivisions 2 a through i of this subsection.
4. United States jurisdictions that meet the requirements for
accreditation under the NAIC financial standards and accreditation program
shall be recognized as qualified jurisdictions.
D. Recognition of certification issued by an NAIC accredited
jurisdiction.
1. If an applicant for certification has been certified as a
reinsurer in an NAIC accredited jurisdiction, the commission has the discretion
to defer to that jurisdiction's certification, and to defer to the rating
assigned by that jurisdiction, if the assuming insurer submits a properly
executed Certificate of Certified Reinsurer and such additional information as
the commission requires. The assuming insurer shall be considered to be a
certified reinsurer in this Commonwealth.
2. Any change in the certified reinsurer's status or rating in
the other jurisdiction shall apply automatically in this Commonwealth as of the
date it takes effect in the other jurisdiction. The certified reinsurer shall
notify the commission of any change in its status or rating within 10 days
after receiving notice of the change.
3. The commission may withdraw recognition of the other
jurisdiction's rating at any time and assign a new rating in accordance with
subdivision B 8 a of this section.
4. The commission may withdraw recognition of the other
jurisdiction's certification at any time, with written notice to the certified
reinsurer. Unless the commission suspends or revokes the certified reinsurer's
certification in accordance with subdivision B 8 b of this section, the
certified reinsurer's certification shall remain in good standing in this
Commonwealth for a period of three months, which shall be extended if
additional time is necessary to consider the assuming insurer's application for
certification in this Commonwealth.
E. Mandatory funding clause. In addition to the clauses
required under 14VAC5-300-150, reinsurance contracts entered into or renewed
under this section shall include a proper funding clause, which requires the
certified reinsurer to provide and maintain security in an amount sufficient to
avoid the imposition of any financial statement penalty on the ceding insurer
under this section for reinsurance ceded to the certified reinsurer.
F. The commission shall comply with all reporting and
notification requirements that may be established by the NAIC with respect to
certified reinsurers and qualified jurisdictions.
14VAC5-300-110. Asset or reduction from liability for
reinsurance ceded to an assuming insurer not meeting the requirements of
14VAC5-300-60 through 14VAC5-300-100.
A. Pursuant to § 38.2-1316.4 of the Act, the commission
shall allow a reduction from liability for reinsurance ceded by a domestic
insurer to an assuming insurer not meeting the requirements of
§ 38.2-1316.2 of the Act in an amount not exceeding the liabilities
carried by the ceding insurer. The reduction shall be in the amount of funds
held by or on behalf of the ceding insurer, including funds held in trust for
the exclusive benefit of the ceding insurer, under a reinsurance contract with
such assuming insurer as security for the payment of obligations under the
reinsurance contract. The security shall be held in the United States subject
to withdrawal solely by, and under the exclusive control of, the ceding insurer
or, in the case of a trust, held in a qualified United States financial
institution as defined in § 38.2-1316.1 of the Act. This security may be
in the form of any of the following:
(1) Cash;
(2) Securities listed by the Securities Valuation Office of
the NAIC, including those deemed exempt from filing as defined by the Purposes
and Procedures Manual of the NAIC Securities Valuation Investment
Analysis Office, and qualifying as admitted assets;
(3) Clean, irrevocable, unconditional, and
"evergreen" letters of credit issued or confirmed by a qualified
United States institution, as defined in § 38.2-1316.1 of the Act,
effective no later than December 31 of the year for which filing is being made,
and in the possession of, or in trust for, the ceding insurer on or before the
filing date of its annual statement. Letters of credit meeting applicable
standards of issuer acceptability as of the dates of their issuance (or
confirmation) shall, notwithstanding the issuing (or confirming) institution's
subsequent failure to meet applicable standards of issuer acceptability,
continue to be acceptable as security until their expiration, extension,
renewal, modification or amendment, whichever first occurs; or
(4) Any other form of security acceptable to the commission.
B. An admitted asset or a reduction from liability for
reinsurance ceded to an unauthorized assuming insurer pursuant to this section
shall be allowed only when the requirements of 14VAC5-300-150 and the
applicable portions of 14VAC5-300-120, 14VAC5-300-130, or 14VAC5-300-140 of
this chapter have been satisfied.
14VAC5-300-150. Reinsurance contract.
A. Credit will not be granted, nor an asset or reduction from
liability allowed, to a ceding insurer for reinsurance effected with assuming
insurers meeting the requirements of 14VAC5-300-60, 14VAC5-300-70,
14VAC5-300-80, 14VAC5-300-90, 14VAC5-300-95, or 14VAC5-300-100 or otherwise in
compliance with § 38.2-1316.2 of the Act unless the reinsurance agreement:
1. Includes a proper insolvency clause that stipulates that
reinsurance is payable directly to the liquidator or successor without
diminution regardless of the status of the ceding company;
2. Includes a provision whereby the assuming insurer, if an
unauthorized assuming insurer, has submitted to the jurisdiction of an
alternative dispute resolution panel or court of competent jurisdiction within
the United States, has agreed to comply with all requirements necessary to give
such court or panel jurisdiction, has designated an agent upon whom service of
process may be effected, and has agreed to abide by the final decisions of such
court or panel; and
3. Includes a proper reinsurance intermediary clause, if
applicable, that stipulates that the credit risk for the intermediary is carried
by the assuming insurer.
B. If the assuming insurer is not licensed, accredited, or
certified to transact insurance or reinsurance in this Commonwealth, the credit
permitted pursuant to § 38.2-1316.2 A C 3, A C
4, and E G shall not be allowed unless the assuming insurer
agrees in the reinsurance agreements:
1. a. That in the event of the failure of the assuming insurer
to perform its obligations under the terms of the reinsurance agreement, the
assuming insurer, at the request of the ceding insurer, shall submit to the
jurisdiction of any court of competent jurisdiction in any state of the United
States, will comply with all requirements necessary to give the court
jurisdiction, and will abide by the final decision of the court or of any
appellate court in the event of an appeal; and
b. To designate the commission or a designated attorney as its
true and lawful attorney upon whom may be served any lawful process in any
action, suit, or proceeding instituted by or on behalf of the ceding insurer.
2. This subsection is not intended to conflict with or
override the obligation of the parties to a reinsurance agreement to arbitrate
their disputes, if this obligation is created in the agreement.
C. If the assuming insurer does not meet the requirements of
§ 38.2-1316.2 A C 1, 2, or 3, the credit permitted by
§ 38.2-1316.2 A C 4 or B D shall not be
allowed unless the assuming insurer agrees in the trust agreements to the
following conditions:
1. Notwithstanding any other provisions in the trust
instrument, if the trust fund is inadequate because it contains an amount less
than the amount required by § 38.2-1316.2 A C 4, or if the
grantor of the trust has been declared insolvent or placed into receivership,
rehabilitation, liquidation, or similar proceedings under the laws of its state
or country of domicile, the trustee shall comply with an order of the
commissioner with regulatory oversight over the trust or with an order of a
court of competent jurisdiction directing the trustee to transfer to the
commissioner with regulatory oversight all of the assets of the trust fund.
2. The assets shall be distributed by and claims shall be
filed with and valued by the commissioner with regulatory oversight in
accordance with the laws of the state in which the trust is domiciled that are
applicable to the liquidation of domestic insurance companies.
3. If the commissioner with regulatory oversight determines
that the assets of the trust fund or any part thereof are not necessary to
satisfy the claims of the United States ceding insurers of the grantor of the
trust, the assets or part thereof shall be returned by the commissioner with
regulatory oversight to the trustee for distribution in accordance with the
trust agreement.
4. The grantor shall waive any right otherwise available to it
under United States law that is inconsistent with this provision.
DOCUMENTS INCORPORATED BY REFERENCE (14VAC5-300-9999)
NAIC Policy Statement on Financial Regulation Standards,
2012, National Association of Insurance Commissioners.
NAIC
Policy Statement on Financial Regulation Standards, 2018, National Association
of Insurance Commissioners
NAIC Annual Statement Instructions, 2011 2017
Life Annual Statement Instructions, September 15, 2011 1, 2017,
National Association of Insurance Commissioners and the Center for Insurance
Policy and Research.
NAIC Annual Statement Instructions, 2011 2017
Property/Casualty Annual Statement Instructions, September 15, 2011 1,
2017, National Association of Insurance Commissioners and the Center for
Insurance Policy and Research.
NAIC Accounting Practices & Procedures Manual, Volumes I,
II, III, March 2011 2018, National Association of
Insurance Commissioners.
ICC Uniform Customs and Practice for Documentary Credits (UCP
500), 1993, International Chamber of Commerce.
ICC Uniform Customs and Practice for Documentary Credits (UCP
600), 2007, International Chamber of Commerce.
International Standby Practices ISP98, 1999, The Institute of
International Banking Law and Practice, Inc.
Purposes and Procedures Manual of the NAIC Securities
Valuation Investment Analysis Office - Effective for Statements
Ending December 31, 2011 2017, Volume/Issue 11/01, 2011 17/01,
2017, National Association of Insurance Commissioners.
VA.R. Doc. No. R18-5488; Filed July 2, 2018, 2:46 p.m.
TITLE 16. LABOR AND EMPLOYMENT
SAFETY AND HEALTH CODES BOARD
Final Regulation
REGISTRAR'S NOTICE: The
following regulatory action is exempt from Article 2 of the Administrative
Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia,
which excludes regulations that are necessary to meet the requirements of
federal law or regulations provided such regulations do not differ materially
from those required by federal law or regulation. The Safety and Health Codes
Board will receive, consider, and respond to petitions by any interested person
at any time with respect to reconsideration or revision.
Title of Regulation: 16VAC25-85. Recording and
Reporting Occupational Injuries and Illnesses (amending 16VAC25-85-1904.0,
16VAC25-85-1904.4, 16VAC25-85-1904.29, 16VAC25-85-1904.32, 16VAC25-85-1904.33,
16VAC25-85-1904.34, 16VAC25-85-1904.35, 16VAC25-85-1904.40).
Statutory Authority: § 40.1-22 of the Code of Virginia.
Effective Date: September 15, 2018.
Agency Contact: Regina P. Cobb, Senior Agency Management
Analyst, Department of Labor and Industry, Main Street Centre, 600 East Main
Street, Richmond, VA 23219, telephone (804) 786-0610, FAX (804) 786-8418,
or email regina.cobb@doli.virginia.gov.
Summary:
In a final rule, federal Occupational Safety and Health
Administration (OSHA) removed clarifying amendments to OSHA's recordkeeping
regulations that (i) referenced an employer's continuing obligation to make and
maintain an accurate record of each recordable injury and illness and (ii) gave
OSHA the ability to issue citations to employers for failing to record
work-related injuries and illnesses during the five-year retention period.
These amendments became effective nationally on January 18, 2017, and in
Virginia on May 15, 2017. Public Law 115-21 invalidated the amendments
through a resolution of disapproval of OSHA's final rule entitled,
"Clarification of Employer's Continuing Obligation to Make and Maintain an
Accurate Record of Each Recordable Injury and Illness," informally
referred to as the "Volks" rule. Removing the amendments restores the
regulations to the preclarification rule, that is prior to the December 19,
2016, final rule.
The amendments in this regulatory action restore
regulations of the Safety and Health Codes Board regarding Employers'
Continuing Obligation to Make and Maintain an Accurate Record of Each
Recordable Injury and Illness to the form in effect prior to the OSHA adoption
of the "Volks" rule.
Note on Incorporation by Reference: Pursuant to § 2.2-4103
of the Code of Virginia, 29 CFR 1904 (Recording and Reporting Occupational
Injuries and Illnesses) is declared a document generally available to the
public and appropriate for incorporation by reference. For this reason, this
document will not be printed in the Virginia Register of Regulations. A copy of
this document is available for inspection at the Department of Labor and
Industry, Main Street Centre, 600 East Main Street, Richmond, Virginia 23219,
and in the office of the Registrar of Regulations, 900 East Main Street, 11th
Floor, Richmond, Virginia 23219.
Statement of Final Agency Action: On June 14, 2018, the
Safety and Health Codes Board adopted federal OSHA's Final Rule on the
Clarification of Employers' Continuing Obligation to Make and Maintain an
Accurate Record of Each Recordable Injury and Illness, as published in 82 FR
20548 on May 3, 2017, with an effective date of September 15, 2018.
Federal Terms and State Equivalents: When the
regulations as set forth in the revised final rule for Recording and Reporting
Occupational Injuries and Illnesses are applied to the Commissioner of the
Department of Labor and Industry or to Virginia employers, the following
federal terms shall be considered to read as follows:
Federal Terms
|
VOSH Equivalent
|
29 CFR
|
VOSH Standard
|
Assistant Secretary
|
Commissioner of Labor and Industry
|
Agency
|
Department
|
May 3, 2017
|
September 15, 2018
|
VA.R. Doc. No. R18-5551; Filed June 27, 2018, 10:35 a.m.
TITLE 16. LABOR AND EMPLOYMENT
SAFETY AND HEALTH CODES BOARD
Final Regulation
REGISTRAR'S NOTICE: The
following regulatory action is exempt from Article 2 of the Administrative
Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia,
which excludes regulations that are necessary to meet the requirements of
federal law or regulations provided such regulations do not differ materially
from those required by federal law or regulation. The Safety and Health Codes
Board will receive, consider, and respond to petitions by any interested person
at any time with respect to reconsideration or revision.
Title of Regulation: 16VAC25-90. Federal Identical
General Industry Standards (amending 16VAC25-90-1910.1017).
Statutory Authority: § 40.1-22 of the Code of Virginia.
Effective Date: September 15, 2018.
Agency Contact: John J. Crisanti, Policy and Planning
Manager, Department of Labor and Industry, Department of Labor and Industry,
Main Street Centre, 600 East Main Street, Richmond, VA 23219, telephone (804)
786-4300, FAX (804) 786-8418, or email john.crisanti@doli.virginia.gov.
Summary:
The federal Occupational Safety and Health Administration
(OSHA) corrected its general industry standards by reinstating paragraph (n) of
the Vinyl Chloride standard, § 1910.1017, which had been
inadvertently deleted in the July 1, 2017, revision covering OSHA standards, 29
CFR 1910.1000 to end. The reinstated paragraph (n) requires employers to notify
affected employees within 15 days of their receipt of vinyl chloride monitoring
results and the associated steps to be taken to reduce exposures within the
permissible exposure limit. In this regulatory action, the board is adopting
this correction.
Note on Incorporation by Reference: Pursuant to
§ 2.2-4103 of the Code of Virginia, 29 CFR Part 1910 (Occupational Safety
and Health Standards) is declared a document generally available to the public
and appropriate for incorporation by reference. For this reason, these
documents will not be printed in the Virginia Register of Regulations. A copy
of each document is available for inspection at the Department of Labor and
Industry, Main Street Centre, 600 East Main Street, Richmond, Virginia 23219,
and in the office of the Registrar of Regulations, 900 East Main Street, 11th
Floor, Richmond, Virginia 23219.
Statement of Final Agency Action: On June 14, 2018, the
Safety and Health Codes Board adopted federal OSHA's Code of Federal
Regulations correction, reinstating paragraph (n) of the Vinyl Chloride
Standard for General Industry, as published in 83 FR 11413 on March 15, 2018,
with an effective date of September 15, 2018.
Federal Terms
|
VOSH Equivalent
|
29 CFR
|
VOSH Standard
|
Assistant Secretary
|
Commissioner of Labor and Industry
|
Agency
|
Department
|
March 15, 2018
|
September 15, 2018
|
VA.R. Doc. No. R18-5549; Filed June 27, 2018, 10:35 a.m.
TITLE 16. LABOR AND EMPLOYMENT
SAFETY AND HEALTH CODES BOARD
Final Regulation
REGISTRAR'S NOTICE: The
following regulatory action is exempt from Article 2 of the Administrative
Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia,
which excludes regulations that are necessary to meet the requirements of
federal law or regulations provided such regulations do not differ materially
from those required by federal law or regulation. The Safety and Health Codes
Board will receive, consider, and respond to petitions by any interested person
at any time with respect to reconsideration or revision.
Title of Regulation: 16VAC25-175. Federal Identical
Construction Industry Standards (amending 16VAC25-175-1926.60).
Statutory Authority: § 40.1-22 of the Code of Virginia.
Effective Date: September 15, 2018.
Agency Contact: John J. Crisanti, Policy and Planning
Manager, Department of Labor and Industry, Main Street Centre, 600 East Main
Street, Richmond, VA 23219, telephone (804) 786-4300, FAX (804) 786-8418,
or email john.crisanti@doli.virginia.gov.
Summary:
The federal Occupational Safety and Health Administration
(OSHA) corrected its standard for the construction industry by removing
subparagraph (o)(8)(ii) of the Methylenedianiline standard, § 1926.60,
which specifies procedures for employee record retention in the event an
employer ceases to do business and there is no successor. The removal
discontinues the requirement to notify the Director of the National Institute
for Occupational Safety and Health, U.S. Department of Health and Human
Services, or his designee, at least 90 days prior to disposal of employee
records, where an employer ceases to do business and there is no successor to
receive and retain the employee records. In this regulatory action, the board
is adopting this correction.
Note on Incorporation by Reference: Pursuant to
§ 2.2-4103 of the Code of Virginia, 29 CFR Part 1926 (Occupational Safety
and Health Standards) is declared a document generally available to the public
and appropriate for incorporation by reference. For this reason, these
documents will not be printed in the Virginia Register of Regulations. A copy
of each document is available for inspection at the Department of Labor and
Industry, Main Street Centre, 600 East Main Street, Richmond, Virginia 23219,
and in the office of the Registrar of Regulations, 900 East Main Street, 11th
Floor, Richmond, Virginia 23219.
Statement of Final Agency Action: On June 14, 2018, the
Safety and Health Codes Board adopted federal OSHA's Code of Federal
Regulations correction, removing subparagraph (o)(8)(ii) of the
Methylenedianiline Standard for the Construction Industry, as published in 83
FR 15499 on April 11, 2018, with an effective date of September 15, 2018.
Federal Terms
|
VOSH Equivalent
|
29 CFR
|
VOSH Standard
|
Assistant Secretary
|
Commissioner of Labor and Industry
|
Agency
|
Department
|
April 11, 2018
|
September 15, 2018
|
VA.R. Doc. No. R18-5550; Filed June 27, 2018, 10:35 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF ACCOUNTANCY
Fast-Track Regulation
Title of Regulation: 18VAC5-22. Board of Accountancy
Regulations (amending 18VAC5-22-20).
Statutory Authority: § 54.1-4402 and 54.1-4403 of
the Code of Virginia.
Public Hearing Information: No public hearings are
scheduled.
Public Comment Deadline: August 22, 2018.
Effective Date: September 6, 2018.
Agency Contact: Rebekah E. Allen, Enforcement Director,
Board of Accountancy, 9960 Mayland Drive, Suite 402, Richmond, VA 23223,
telephone (804) 367-2006, FAX (804) 527-4207, or email
rebekah.allen@boa.virginia.gov.
Basis: Section 54.1-4403 of the Code of Virginia grants
authority to the Board of Accountancy to promulgate regulations, "in
accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code
of Virginia) necessary to assure continued competency, to prevent deceptive or
misleading practices by licensees, and to effectively administer the regulatory
system." The Board is the promulgating entity for regulations governing
public accountancy. Subdivision 4 of § 54.1-4403 references the board's
power to levy and collect fees.
Purpose: This amendment is intended to reflect current
services offered by the board and to update the definitions of services to
match the board's statutes. The board's rationale is to repeal regulations, or
portions of regulations, that are unnecessary or no longer in use, and to make
sure that the language of its regulations matches the language of its governing
statutes. As the board is funded by the fees it collects, having an accurate
and up-to-date fee schedule ensures that it can carry out its mission of
protecting the welfare of citizens through a program of examination, licensure
of individuals and CPA firms, consumer protection through enforcement action,
continuing professional education, and peer review oversight.
Rationale for Using Fast-Track Rulemaking Process: This
rulemaking is expected to be noncontroversial because the Board is eliminating
obsolete fees and updating fee descriptions to match statutory provisions. This
change is also supported by the Virginia Society of Certified Public
Accountants.
Substance: The proposed amendment eliminates fees for
services the board no longer performs and updates fee descriptions to match
statutory provisions.
Issues: The primary advantages to the public are reduced
confusion by updating fee descriptions to match the board's statutory
provisions. It also reduces confusion by repealing obsolete fees that are not
collected since the service tied to the fee is no longer performed. The primary
advantage to the board and Commonwealth is consistency across statutes and
regulations and ensuring the list of fees is up to date. There are no primary
disadvantages to the public. There are no primary disadvantages to the board or
the Commonwealth.
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. The Board of
Accountancy (Board) proposes to eliminate an obsolete fee and amend language
for consistency with the Code of Virginia.
Result of Analysis. The benefits likely exceed the costs for
all proposed changes.
Estimated Economic Impact. The current regulation includes a
$25 fee for "Preliminary evaluation of whether a person has met the
requirements to take the CPA examination." According to the Board,
preliminary evaluations are no longer performed. Consequently, the Board proposes
to repeal the inclusion of this fee in the regulation.
The Board also proposes two amendments to conform regulatory
language with the Code of Virginia. The first would add "financial
statement preparation services" to the list of services provided when the
board lifts a suspension. Because the change is consistent with statutory
language throughout Chapter 44 (§ 54.1-4400 et seq.) of Title 54 of the Code of
Virginia regarding penalties that can be imposed on public accountants by the
board in § 54.1-4413.4, this change will provide clarification to services
provided by the board but will not change practice. The conforming amendment
would change the text of the term, "wall certificate" to "CPA
wall certificate". This term has been used in legislation since 2007 with
the enactment of Chapter 804 of the 2007 Acts of Assembly.1
None of the proposed amendments change requirements in
practice, but nonetheless would be beneficial in that they improve clarity for
readers of the regulation.
Businesses and Entities Affected. The proposed regulation
affects CPA firms and CPAs, and CPA licensure applicants. As of September 30,
2017, there were 27,842 persons who held Virginia CPA licenses, and 1,179
entities or sole proprietors who held Virginia CPA firm licenses. Annually, there
are on average 1,360 total applicants for licensure.2 All or most
CPA firms would qualify as small businesses.
Localities Particularly Affected. The proposed amendments do
not disproportionately affect particular localities.
Projected Impact on Employment. The proposed amendments do not
significantly affect employment.
Effects on the Use and Value of Private Property. The proposed
amendments do not affect the use and value of private property.
Real Estate Development Costs. The proposed amendments do not
affect real estate development costs.
Small Businesses:
Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia,
small business is defined as "a business entity, including its affiliates,
that (i) is independently owned and operated and (ii) employs fewer than 500
full-time employees or has gross annual sales of less than $6 million."
Costs and Other Effects. The proposed amendments do not
significantly affect costs for small businesses.
Alternative Method that Minimizes Adverse Impact. The proposed
amendments do not adversely affect small businesses.
Adverse Impacts:
Businesses. The proposed amendments do not adversely affect
businesses.
Localities. The proposed amendments do not adversely affect
localities.
Other Entities. The proposed amendments do not adversely affect
other entities.
_____________________________________
1 See http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+CHAP0804.
2 Data source: Board of Accountancy.
Agency's Response to Economic Impact Analysis: The
Virginia Board of Accountancy concurs with the economic impact analysis of the
Department of Planning and Budget.
Summary:
The amendments update the Virginia Board of Accountancy's
fee schedule to reflect current services and match statutory definitions.
18VAC5-22-20. Fees.
A. The board shall charge the following fees for services it
provides:
Processing an initial
application to take one or more sections of the CPA examination
|
$120
|
Processing additional
applications to take one or more sections of the CPA examination
|
$20
|
Preliminary evaluation of
whether a person has met the requirements to take the CPA examination
|
$25
|
Processing an application for
issuance of a Virginia license to a person
|
$75
|
Processing an application for
issuance of a Virginia license to a firm
|
$100
|
Processing an application for
the timely renewal of a person's Virginia license except as provided in
subsection B of 18VAC5-22-180
|
$60
|
Processing an application for
the timely renewal of a firm's Virginia license except as provided in
subsection B of 18VAC5-22-180
|
$75
|
Additional fee for processing an
application for the renewal of a person's Virginia license that is not timely
|
$100
|
Additional fee for processing an
application for the renewal of a firm's Virginia license that is not timely
|
$100
|
Processing an application for
reinstatement of a person's Virginia license
|
$350
|
Processing an application for
reinstatement of a firm's Virginia license
|
$500
|
Processing an application for
lifting the suspension of the privilege of using the CPA title in Virginia
|
$350
|
Processing an application for
lifting the suspension of the privilege of providing attest services or,
compilation services, or financial statement preparation services for
persons or entities located in Virginia
|
$500
|
Providing or obtaining
information about a person's grades on sections of the CPA examination
|
$25
|
Processing requests for
verification that a person or firm holds a Virginia license:
|
|
1. Online request
|
$25
|
2. Manual request
|
$50
|
Providing an additional CPA
wall certificate
|
$25
|
Additional fee for not
responding within 30 calendar days to any request for information by the
board under subsection A of 18VAC5-22-170
|
$100
|
Additional fee for not using the
online payment option for any service provided by the board
|
$25
|
B. All fees for services the board provides are due when the
service is requested and are nonrefundable.
VA.R. Doc. No. R18-5258; Filed June 27, 2018, 5:06 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF ACCOUNTANCY
Fast-Track Regulation
Title of Regulation:
18VAC5-22. Board of Accountancy Regulations (amending 18VAC5-22-140).
Statutory Authority: §§ 54.1-4402 and 54.1-4403 of the
Code of Virginia.
Public Hearing Information: No public hearings are
scheduled.
Public Comment Deadline: August 22, 2018.
Effective Date: September 6, 2018.
Agency Contact: Rebekah E. Allen, Enforcement Director,
Board of Accountancy, 9960 Mayland Drive, Suite 402, Richmond, VA 23223,
telephone (804) 367-2006, FAX (804) 527-4207, or email
rebekah.allen@boa.virginia.gov.
Basis: Section 54.1-4403 of the Code of Virginia grants
authority to the Board of Accountancy to promulgate regulations "in
accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code
of Virginia) necessary to assure continued competency, to prevent deceptive or
misleading practices by licensees, and to effectively administer the regulatory
system." The board is the promulgating entity for regulations governing
public accountancy.
Purpose: The amendments are intended to make the level
of services that triggers the requirement for specific continuing professional
education (CPE) topics match the level of service that triggers the requirement
for a firm certified public account (CPA) license. The board believes it is
necessary for the safety and welfare of the public that CPAs are competent to
provide the services that they offer, which is best realized by ensuring that
CPAs who release or authorize the release of reports for any level of firm-only
services take a minimum number of CPE hours annually on the topic of those
services.
Rationale for Using Fast-Track Rulemaking Process: This
regulatory action is expected to be noncontroversial because the proposed
amendment does not increase the CPE requirements for affected CPAs, and it is
anticipated that the majority of those affected CPAs are already completing CPE
hours that are related to the services they provide. This regulation
inadvertently was not amended following the passage of Chapter 287 of the 2015
Acts of Assembly, and due to the time elapsed since that passage, this
amendment is no longer eligible for the exempt rulemaking process. This change
is also supported by the Virginia Society of Certified Public Accountants.
Substance: The amendment includes financial statement
preparation services as a service that triggers the requirement for specific
CPE topics. The amendment does not increase a CPA's regulatory burden or
obligation as the overall required total number of CPE hours earned in either a
calendar year or during a reporting period remains the same; the amendment
merely states that, of the minimum hours taken, at least eight have to be on
the topic of these types of services.
Issues: The primary advantages to the public are greater
likelihood that CPAs are taking CPE courses that directly relate to the
services they are providing, which allows them to stay up to date with current
technical standards and improves work product produced. There are no primary
disadvantages to the public. There are no primary disadvantages or advantages
to the board or the Commonwealth.
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. Chapter 287
of the 2015 Acts of Assembly amended § 54.1-4400 et seq. of the Code of
Virginia to include "financial statement preparation services" as a
level of service requiring a firm Certified Public Accountant (CPA) license.
Consequently, the Board of Accountancy (Board) proposes to update continuing
professional education (CPE) requirements so that CPAs who are releasing or
authorizing the release of reports on all firm-level services annually complete
8 hours of CPE related to those services.
Result of Analysis. The benefits likely exceed the costs for
all proposed changes.
Estimated Economic Impact. Prior to the enactment of Chapter
287 of the 2015 Acts of Assembly, § 54.1-4400 defined "Virginia
license" as "a license that is issued by the Board giving a person
the privilege of using the CPA title in Virginia or a firm the privilege of
providing attest services and compilation services to persons and entities
located in Virginia." The legislation amended the definition to add
"financial statement preparation services" so that it now reads
"a license that is issued by the Board giving a person the privilege of
using the CPA title in Virginia or a firm the privilege of providing attest
services, compilation services, and financial statement preparation services1
to persons and entities located in Virginia."
The Board of Accountancy Regulations require licensees to
obtain at least 120 hours of CPE during the three-calendar-year period ending
with the current calendar year. For each of the calendar years in that period,
the licensee must obtain at least 20 hours of CPE, including an ethics course
of at least two hours.
Under the current regulation, "… a person who releases or
authorizes the release of reports on attest services or compilation services
provided for persons or entities located in Virginia must annually obtain a
minimum of eight hours of CPE related to attest services or compilation
services." Those hours do apply to the 20 annual and 120 over the three-calendar
year period CPE requirements.
Given that the Code of Virginia's definition of the license
that gives a person the privilege of using the CPA title now includes financial
statement preparation services along with attest services and compilation
services, the Board proposes to add financial statement preparation services to
the eight-hour CPE requirement for CPAs who are releasing or authorizing the
release of reports. The statement in the proposed regulation would read "…
a person who releases or authorizes the release of reports on attest services,
or compilation services, or financial statement preparation services provided
for persons or entities located in Virginia shall annually obtain a minimum of
eight hours of continuing professional education related to attest services, or
compilation services, or financial statement preparation services."2
The proposed amendment would be beneficial in that it helps
provide assurance that CPAs who are performing firm-level services are taking
CPE courses that will enable them to stay current on professional technical
standards. The proposed amendment does not increase the total number of
required CPE hours for licensees. Thus the benefits of the proposal likely
exceed the costs.
Businesses and Entities Affected. The proposed regulation
affects CPA firms and CPAs. As of September 30, 2017, there were 27,842 persons
who held Virginia CPA licenses, and 1,179 entities or sole proprietors that
held Virginia CPA firm licenses.3 All or most CPA firms would
qualify as small businesses.
Localities Particularly Affected. The proposed amendments do
not disproportionately affect particular localities.
Projected Impact on Employment. The proposed amendments do not
significantly affect employment.
Effects on the Use and Value of Private Property. The proposed
amendments do not significantly affect the use and value of private property.
Real Estate Development Costs. The proposed amendments do not
affect real estate development costs.
Small Businesses:
Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia,
small business is defined as "a business entity, including its affiliates,
that (i) is independently owned and operated and (ii) employs fewer than 500
full-time employees or has gross annual sales of less than $6 million."
Costs and Other Effects. The proposed amendments do not
significantly affect costs for small businesses.
Alternative Method that Minimizes Adverse Impact. The proposed
amendments do not adversely affect small businesses.
Adverse Impacts:
Businesses. The proposed amendments do not adversely affect
businesses.
Localities. The proposed amendments do not adversely affect
localities.
Other Entities. The proposed amendments do not adversely affect
other entities.
__________________________
1Bold added.
2Ibid.
3Data source: Board of Accountancy.
Agency's Response to Economic Impact Analysis: The
Virginia Board of Accountancy concurs with the economic impact analysis of the
Department of Planning and Budget.
Summary:
Pursuant to Chapter 287 of the 2015 Acts of Assembly, the
amendments update the continuing professional education (CPE) requirements so
that certified public accountants who are releasing or authorizing the release
of reports on all firm-level services annually complete eight hours of CPE
related to financial statement preparation services.
18VAC5-22-140. Persons who release or authorize the release of
reports.
A. To comply with subdivision D 4 of § 54.1-4412.1 of the
Code of Virginia, a person who releases or authorizes the release of reports on
attest services or, compilation services, or financial
statement preparation services provided for persons or entities located in
Virginia shall annually obtain a minimum of eight hours of continuing
professional education related to attest services or, compilation
services, or financial statement preparation services. The hours
obtained to meet this requirement shall be considered in determining whether
the person has complied with the requirements of 18VAC5-22-90.
B. Firms providing attest services or,
compilation services, or financial statement preparation services shall
establish policies and procedures to provide the firm with reasonable assurance
that persons who release or authorize the release of reports on attest services
or, compilation services, or financial statement preparation
services possess the kinds of competencies that are appropriate given the
facts and circumstances. These policies and procedures shall address the
required technical proficiency, familiarity with the industry and the person or
entity, skills that indicate sound professional judgment, and other
competencies necessary under the circumstances.
VA.R. Doc. No. R18-5262; Filed June 27, 2018, 5:00 p.m.
TITLE 20. PUBLIC UTILITIES AND TELECOMMUNICATIONS
STATE CORPORATION COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The
State Corporation Commission is claiming an exemption from the Administrative
Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia,
which exempts courts, any agency of the Supreme Court, and any agency that by
the Constitution is expressly granted any of the powers of a court of record.
Title of Regulation: 20VAC5-425. Rules Governing
Enhanced 911 (E-911) Service (amending 20VAC5-425-10 through 20VAC5-425-50;
adding 20VAC5-425-45).
Statutory Authority: § 12.1-13 of the Code of Virginia.
Effective Date: August 1, 2018.
Agency Contact: Sheree King, Manager, Public Utility
Regulation, State Corporation Commission, P.O. Box 1197, Richmond, VA 23218,
telephone (804) 371-9707, FAX (804) 225-1060, or email
sheree.king@scc.virginia .gov.
Summary:
The amendments include (i) adding and updating definitions;
(ii) providing that written communications include emails, texts, and
facsimiles; (iii) reducing the time for updating contact information from five
business days to 24 hours; (iv) adding details regarding the information to be
included in any semiannual verification of 911 billing information provided to
a public safety answer point (PSAP); (v) expanding the duties of a local
exchange carrier (LEC) to include priority restoration to a PSAP by the LEC;
(vi) requiring local LECs to provide the Division of Public Utility Regulation
with a copy of the annual reliability certification required by the Federal
Communications Commission, 911 outage information during a recognized disaster
in Virginia, and related service outage information, which information shall be
afforded confidential treatment; and (vii) making minor updates and revisions.
AT RICHMOND, JUNE 29, 2018
COMMONWEALTH OF VIRGINIA, ex rel.
STATE CORPORATION COMMISSION
CASE NO. PUR-2017-00076
Ex Parte: In the matter of revising
the Commission's Rules Governing
Enhanced 911 (E-911) Service
ORDER ADOPTING RULES
On June 23, 2004, the State Corporation Commission
("Commission") adopted Rules Governing Enhanced 911 (E-911) Service,
20 VAC 5-425-10 et seq. ("E-911 Rules") in Case No.
PUC-2003-00103.1 The Commission initiated the E-911 rulemaking in
response to complaints received from Public Safety Answering Point
("PSAP")2 administrators and local governments regarding
the quality of E-911 service and billing issues associated therewith.3
At that time, the Commission noted that the reliability and accuracy of the
E-911 service was essential to protecting the public safety and health of many
Virginia citizens.4 Given the passage of time since the Commission
established the E-911 Rules in 2004, the Commission concluded that it was
appropriate to revisit the E-911 Rules and to make modifications, if necessary,
due to changes in applicable laws and technological changes in the
telecommunications industry.
On June 8, 2017, the Commission
entered an Order Initiating Rulemaking Proceeding to determine whether, and the
extent to which, any of the Commission's E-911 Rules should be revised. In this
regard, the Commission directed the Commission's Staff ("Staff") to
solicit comments from, and schedule a meeting or meetings (as necessary) with,
stakeholders and persons having an interest in the Commission's E-911 Rules and
the provision of E-911 service in the Commonwealth of Virginia, and to develop,
with appropriate input from stakeholders and interested persons, a proposal for
any revisions, if necessary, to the current E-911 Rules.
On March 30, 2018, the Staff filed a report ("Staff
Report") detailing the Staff's efforts in this undertaking. This
included sending a letter to local government officials and certificated
telephone companies seeking input on potential revisions to the E-911 Rules,
and conducting a working group meeting of all interested stakeholders. The
Staff Report also included proposed revisions to the current E-911 Rules
recommended by the Staff as a result of this process.
On April 17, 2018, the Commission entered an Order for Notice
and Comment ("Order") that found that proposed revisions
("Proposed Rules"), should be considered for adoption, and that
interested persons should have an opportunity to comment on the Proposed Rules,
to request a hearing thereon, or to suggest modifications or supplements to the
Proposed Rules. The Commission also directed that a copy of the Proposed Rules
be sent to all certificated local exchange carriers and the Registrar of
Regulations for publication in the Virginia Register of Regulations.
The Proposed Rules were published in the Virginia Register of
Regulations on May 14, 2018.5 No one filed a request for a hearing
on the Proposed Rules. Comments on the Proposed Rules were filed by Verizon
Virginia, LLC, and Verizon South Inc. (collectively, "Verizon"), and
the Virginia Cable Telecommunications Association ("VCTA") on May 30,
2018.
Verizon commented on language in the Proposed Rules that
would i) require priority restoration of service to a PSAP's emergency lines;
and ii) govern outage reporting in conjunction with the Federal Communication
Commission's voluntary Disaster Information Reporting System
("DIRS"). Verizon requested that the rule regarding priority
restoration be clarified, and offered alternative language that focused on the
timing of when a company would submit an outage report to the Commission if the
company elects to submit its outage reports via the DIRS. The VCTA commented on
language governing the new outage reporting requirement generally, and proposed
alternative language it believed would clarify when a company must submit an
outage report under the E-911 Rules.
On June 20, 2018, the Staff filed its response to the filed
comments ("Response") in accordance with the Commission's Order.
Staff discussed, but did not propose adoption of, the specific proposals made
by VCTA and Verizon. Instead, Staff recommended modified language that it
believes addresses the concerns of both VCTA and Verizon. Staff attached its
proposed final revisions to the E-911 Rules to its Response.
NOW THE COMMISSION, upon consideration of the foregoing, is
of the opinion and finds that the revisions to the E-911 Rules, as set forth
and attached to this Order, should be adopted.
Accordingly, IT IS ORDERED THAT:
(1) The Commission's Rules Governing Enhanced 911
(E-911) Service, 20 VAC 5-425-10 et seq., hereby are
revised and adopted as attached to this Order, and shall become effective
August 1, 2018.
(2) A copy of this Order, including the revisions to 20 VAC
5-425-10 et seq., shall be forwarded for publication in the Virginia Register
of Regulations.
(3) This case is closed.
AN ATTESTED COPY hereof shall be sent by the Clerk of the
Commission to all local exchange carriers certificated in Virginia as set out
in Appendix A; Cliona Mary Robb, Esquire, Christian & Barton, L.L.P., 909
East Main Street, Suite 1200, Richmond, Virginia 23219-3095; Jennifer L.
McClellan, Assistant General Counsel, Verizon, 703-713 E. Grace Street, 7th
Floor, Richmond, VA 23219; and C. Meade Browder, Jr., Senior Assistant Attorney
General, Office of the Attorney General, Division of Consumer Counsel, 202 N.
9th Street, 8th Floor, Richmond, Virginia 23219-3424. A copy also shall be
provided to the Commission's Office of General Counsel and Division of Public
Utility Regulation.
_________________________________________________
1Commonwealth of Virginia, ex rel. State Corporation
Commission, Ex Parte: In the matter of establishing rules governing the
provision of enhanced 911 service by local exchange carriers, Case No.
PUC-2003-00103, 2004 S.C.C. Ann. Rept. 201, Order Adopting Rules (June 23,
2004).
2A PSAP is a communications operation or facility
operated by or on behalf of a governmental entity that is equipped and staffed
on a 24-hour basis to receive and process telephone calls for emergency
assistance from an individual who dials the digits 9-1-1. See, e.g., §§
56-484.12 and 56-484.19 of the Code of Virginia.
3See Commonwealth of Virginia, ex rel. State Corporation
Commission, Ex Parte: In the matter of establishing rules governing the
provision of enhanced 911 service by local exchange carriers, Case No.
PUC-2003-00103, Order for Notice and Comment or Requests for Hearing (Aug. 1,
2003).
4See id.
5On May 28, 2018, the Virginia Register of Regulations
published an Errata containing certain corrections to its May 14th publication
of the Proposed Rules.
20VAC5-425-10. Definitions.
The words and terms in § 56-484.12 of the Code of Virginia
shall have application to this chapter. In addition, the following words and
terms when used in this chapter shall have the following meanings unless the
context clearly indicates otherwise:
"Automatic location identification (ALI)" or
"ALI" means the feature by which the name, service address, and
supplemental emergency service information associated with the calling party's
telephone number are forwarded to the Public Safety Answering Point public
safety answering point (PSAP) for automatic display on the PSAP terminal
equipment.
"Automatic number identification (ANI)" or
"ANI" means a feature by which the telephone number associated
with a network access line is initially generated and forwarded to a PSAP for
display on a 911 terminal.
"Average busy hour" means the one-hour period
during the week statistically shown over time to be the hour in which the most
telephone calls are received.
"Commission" means the Virginia State Corporation
Commission.
"Competitive local exchange carrier (CLEC)" or
"CLEC" means an entity, other than a locality, authorized to
provide local exchange telecommunications services in Virginia pursuant to § 56-265.4:4 of the Code of Virginia and
20VAC5-417.
"Competitive telephone company" or
"CTC" means any ILEC or CLEC that has elected to be regulated as a
competitive telephone company in accordance with Chapter 2.1 (§ 56-54.2 et seq.)
of Title 56 of the Code of Virginia.
"Database error" means an error in ALI address
information caused by a Local Exchange Carrier (LEC) LEC that
affects the ability of a PSAP to route emergency services correctly.
"E-911 ALI database" means the set of ALI records
residing on a computer system that is used with ANI to associate a physical
location with a telephone number, including information such as name, telephone
number, address, nearest cross street, and special preexisting conditions.
"E-911 services" means the tariffed services
purchased by a jurisdiction for the purpose of processing wireline E-911
calls.
"Foreign central office service" means local
exchange telecommunications service that is furnished from one central office
to a location typically served by another central office.
"Foreign exchange service" means local exchange
telecommunications service that is furnished from one exchange to a location
typically served by another exchange.
"Incumbent local exchange carrier (ILEC)","
"ILEC," or "incumbent" means a public service company
providing local exchange telecommunications services in Virginia on December
31, 1995, pursuant to a certificate of public convenience and necessity, or the
successors to any such company.
"Local exchange carrier (LEC)" or
"LEC" means a certificated provider of local exchange
telecommunications services, whether an incumbent or a new entrant encompassing
ILECs, CLECs, and MLECs, including ILECs and CLECs regulated as CTCs.
"Local exchange telecommunications services" means
local exchange telephone service as defined by § 56-1 of the Code of
Virginia.
"Locality" means a city, town, or county that
operates an electric distribution system in Virginia.
"Municipal local exchange carrier (MLEC)" or
"MLEC" means a locality certificated to provide local exchange
telecommunications services pursuant to § 56-265.4:4 of the Code of Virginia and
20VAC5-417.
"Network access line (NAL)" or
"NAL" means a wireline line, trunk, or equivalent.
"New entrant" means a CLEC or an MLEC.
"P.01 grade of service" means a standard of service
quality reflecting the probability that no more than one call out of 100 during
the average busy hour will be blocked.
"Public safety answering point (PSAP)" or
"PSAP" means a facility equipped and staffed to receive and
process 911 calls and route them to emergency services personnel.
"Staff" means the commission's Division of Communications
Public Utility Regulation and associated personnel.
20VAC5-425-20. General provisions.
A LEC shall:
1. Provide to its end-user customers access to E-911 service
on all NALs where applicable;
2. Provide each relevant PSAP with a means for immediate
access to LEC personnel to assist in PSAPs, while processing an
emergency-related 911 call, obtaining E-911 record-related information that
are capable of providing information related to the PSAP's E-911 services. Such
LEC contact shall be available on a 24-hour basis, 365 days a year. Any
changes to this contact information shall be communicated in writing,
including email, text, or facsimile, to affected PSAPs within five
business days 24 hours;
3. Provide LEC company identification codes on each ALI record
submitted to the E-911 ALI database provider;
4. Provide ALI record information such that its E-911 database
error rate, for a given PSAP, is no greater than 1.0%. The ALI database error
rate shall be the number of a LEC's incorrect ALI address records divided by
the total number of a LEC's ALI records queried during a calendar quarter;
5. Submit, or cause to be submitted, no less than 95% of all
E-911 ALI database affecting changes (including nonpublished and nonlisted
telephone numbers) to the E-911 ALI database provider within 48 hours of the
LEC's receipt of notice of the change and 100% within 72 hours, excluding
holidays and weekends;
6. Correct, or cause to be corrected, any ALI record within 48
hours of receiving written notification, including but not limited to
electronic mail ("e-mail") email, text, and facsimile,
excluding holidays and weekends;
7. Exclude, or cause to be excluded, from the ALI database,
ALI records that contain telephone numbers that cannot convey ANI;
8. Provide ALI record information relating to an E-911
emergency immediately upon the verbal request of a verified authorized
agent of the PSAP;
9. Advise customers applying for foreign exchange, foreign
central office service, or any other wireline service, when there is the
potential for problems in reaching the appropriate PSAP;
10. Render to a requesting PSAP, where the LEC provides ALI
database services, detail sufficient to verify the accuracy of ALI database
telephone number, name, and address information and company identification
codes for each ANI. Such information shall be provided to the PSAP by the
LEC on no more than a semi-annual basis and at a reasonable cost;
11. Render to a PSAP, upon request, on no more than a
semi-annual basis, at no charge, detail sufficient to verify the accuracy of
its E-911 services billing. This shall include (i) the total number of LEC
ANI records of customers within the PSAP's jurisdiction served at each LEC end
office, and (ii) the names of the other PSAPs served by each LEC end office
where it serves more than one jurisdiction; and
12. Notify each relevant PSAP at least 30 days prior to the
commencement or discontinuance of local exchange telecommunications services.
20VAC5-425-30. Rates, and tariffs, and product
guides.
A. A new entrant's rates for any E-911 services shall be no
higher than the lowest applicable rates established by the largest ILEC, as
measured by the number of its NALs, serving the geographic area of the relevant
PSAP.
B. A LEC, if it provides and charges for E-911 services,
shall structure its E-911 services so that it charges PSAPs only for those services
that it renders.
20VAC5-425-40. Provisioning.
A LEC providing E-911 services shall:
1. Design, construct, maintain, and operate its facilities to
minimize interruptions to E-911 services;
2. Determine E-911 service requirements in consultation with
the relevant PSAP. These requirements shall be communicated to the PSAP prior
to implementation and shall include detail sufficient to allow the PSAP to
order E-911 service consistent with a minimum of a P.01 grade of service; and
3. Provide priority restoration to the PSAP in the event of
an outage of the LEC provided [ E-911 ] services or
facilities; and
4. Provide E-911 service consistent with the level of
service ordered by a PSAP.
20VAC5-425-45. Reporting.
A. A LEC [ providing E-911 services ]
shall [ inform:
1. Inform ] the staff of an E-911 service
outage in Virginia by providing all reports required by the Federal
Communications Commission (FCC) under 47 CFR Part 4 as such FCC reports relate
to 911 service. A LEC shall comply with all provisions of 47 CFR Part 4 related
to report content, processing and delivery [ .; ]
[ B. 2. ] Upon request,
[ a LEC shall ] provide to the commission or staff
additional information related to 911 service outages not included in FCC
reports as necessary to perform their oversight responsibility [ .; ]
[ C. A LEC shall provide 3. Provide ]
the staff a copy of the annual reliability certification and any information
submitted with or in addition to such certification required by the FCC under
47 CFR 12.4 that impact the reliability of 911 service in Virginia. Upon
request, a LEC shall provide to the commission or staff additional information
as deemed necessary to perform their oversight responsibility [ .;
and ]
[ D. An 4. If the ] LEC
[ that ] participates in the FCC's voluntary
Disaster Information Reporting System (DIRS) [ shall,
contemporaneously, with providing to, provide all DIRS comparable
information filed with ] the FCC [ , provide the
staff with all comparable information ] related to 911 service
outages to PSAPs located in Virginia as provided to the DIRS [ as
soon as practicable, but in no case later than two hours, after reporting to
the FCC ]. This requirement shall remain in place until DIRS is
deactivated.
[ E. B. ] Any information
provided to the staff in accordance with this section which the LEC designates
as confidential shall be afforded confidential treatment in accordance with
5VAC5-20-170 of the Commission's Rules of Practice and Procedure. Staff, until
otherwise ordered by the commission, shall maintain such confidential
information in strict confidence and shall not disclose its contents to members
of the public.
20VAC5-425-50. Waiver Commission authority.
The commission may, at its discretion, waive or grant
exceptions to any provision of this chapter.
VA.R. Doc. No. R18-5466; Filed July 2, 2018, 1:44 p.m.
TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
Final Regulation
REGISTRAR'S NOTICE: The
State Board of Social Services 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 State Board of Social Services will receive, consider, and
respond to petitions by any interested person at any time with respect to
reconsideration or revision.
Title of Regulation: 22VAC40-73. Standards for
Licensed Assisted Living Facilities (amending 22VAC40-73-1020, 22VAC40-73-1130).
Statutory Authority: §§ 63.2-217, 63.2-1732,
63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Effective Date: August 23, 2018.
Agency Contact: Judith McGreal, Program Consultant,
Department of Social Services, 801 East Main Street, Richmond, VA 23219,
telephone (804) 663-5535, FAX (804) 819-7093, or email
judith.mcgreal@dss.virginia.gov.
Summary:
Pursuant to Chapters 248 and 686 of the 2018 Acts of
Assembly, the amendment adds an exception to a staffing requirement for
assisted living facilities that are licensed for 10 or fewer residents if no
more than three of the residents have serious cognitive impairments.
22VAC40-73-1020. Staffing.
A. When residents are present, there shall be at least two
direct care staff members awake and on duty at all times in each building who
shall be responsible for the care and supervision of the residents.
B. The requirements of subsection A of this section do not
apply to assisted living facilities that are licensed for 10 or fewer residents
if not more than three of the residents have serious cognitive impairments. The
staffing provisions of 22VAC40-73-280 D apply.
C. During trips away from the facility, there shall be
sufficient direct care staff to provide sight and sound supervision to all
residents who cannot recognize danger or protect their own safety and welfare.
22VAC40-73-1130. Staffing.
A. When 20 or fewer residents are present, at least two
direct care staff members shall be awake and on duty at all times in each
special care unit who shall be responsible for the care and supervision of the
residents, except as noted in subsection B of this section. For every
additional 10 residents, or portion thereof, at least one more direct care
staff member shall be awake and on duty in the unit.
B. Only one direct care staff member has to be awake and on
duty in the unit if sufficient to meet the needs of the residents, if (i) there
are no more than five residents present in the unit and (ii) there are at least
two other direct care staff members in the building, one of whom is readily
available to assist with emergencies in the special care unit, provided that supervision
necessary to ensure the health, safety, and welfare of residents throughout the
building is not compromised.
The requirements in subsections A and B of this section are
independent of 22VAC40-73-280 D and 22VAC40-73-1020 A and B.
C. During trips away from the facility, there shall be
sufficient direct care staff to provide sight and sound supervision to
residents.
VA.R. Doc. No. R18-5536; Filed June 21, 2018, 9:32 a.m.
Virginia has a distinguished record as one of the best states
for children and families. This national recognition is the result of
substantial investments in education, health care, public safety, and a vibrant
business environment that promotes job growth, employment opportunities, and
career advancement.
However, complex challenges still exist for children in
Virginia. Current research shows a child's environment and experiences from 0-5
years old have a dramatic influence on brain development and, ultimately,
school readiness. One-third of Virginia kindergartners may not be fully ready
for school and lack the appropriate social, self-regulation, literacy, or math
skills based on a recent Joint Legislative Audit Review study. Nearly 500,000
children in Virginia do not have access to fresh or healthy food. Children who
are food-insecure are in poorer health and are more likely to be
developmentally at-risk than their peers. Finally, at least 19% of children in
Virginia have endured two or more adverse childhood experiences: traumatic
events linked to risky health behaviors, chronic health conditions, low life
potential, and early death.
These particular challenges require collaboration from a wide
range of state and local agencies, like education, health, human services,
public safety, and the courts. In order to improve children's services in these
areas, we need leaders at the highest levels of state government to direct and
prioritize the resources and activities that will have the greatest impact on
improving the lives of our children.
Accordingly, 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, and subject to my continuing and ultimate authority and
responsibility to act in such matters, I hereby establish Virginia's Children's
Cabinet ('Children's Cabinet').
The Children's Cabinet shall work to develop a set of goals,
identify strategies, and measure impact and outcomes related to the priorities
described below. It shall encourage state agencies to collaborate across
government and non-governmental entities on collective goals and support
efforts to collect and share data to track outcome metrics and inform future
policy. In addition, it shall evaluate and recommend ways to optimize and align
local, state, and federal resources, and public-private partnerships to enhance
current and prospective programs and services for Virginia's children and their
families, particularly those at higher risk. It shall also identify best
practices and areas for improvement.
A. Early Childhood Development and School Readiness
A child's early experiences are lifelong determinants of health
and well-being. Current research shows that the years from birth to school age
are critically important for brain development. Many of the risks for the
diseases of adult life are, in part shaped by learning, coping, and
decision-making skills that are set in the earliest years. These skills
determine whether children will be successful in school and, ultimately, in
life.
In recognition of the scientific importance of these early
years, the Children's Cabinet will encourage state agencies involved in
providing health and education services to children and families to leverage
new and current strategies to achieve the following goals:
1. Promote healthy pregnancies and social supports to new
mothers and families for the first few years of a child's life
Healthy pregnancies are the foundation of a strong start for
children. In 2014, one out of eleven babies was born pre-term in Virginia. The
Commonwealth ranks 14th in the nation in terms of premature births. In order to
provide a strong start for all children, we must ensure access to quality and
affordable prenatal care, and education about maternal health and nutrition.
The need for health care, education, and social supports does not end at birth.
We must expand family support programs that teach safe sleep practices and
parenting skills to promote healthy child development, implement policies that
support women in breastfeeding, and strengthen economic supports to families.
2. Ensure that early childhood education is affordable,
accessible, and of high quality everywhere in the Commonwealth
The path to success in school begins before a child enters the
classroom. Families, communities, and schools play critical roles in helping
children prepare for school. Because two out of three Virginia children live in
families in which all parents work, we must work to build a durable,
innovative, and effective early childhood system in Virginia. The Children's
Cabinet will evaluate whether our current structure governing early childhood
education and services promotes collaboration and efficiency, explore ways to
make high quality early childhood education more accessible and affordable, and
make recommendations for building a strong early childhood educator workforce.
B. Nutrition and Food Security
Children who do not have sufficient food do not perform well in
school and are more likely to suffer from physical and mental health issues.
Food insecurity among children is associated with lower math and reading scores
in kindergarten through third grade, a higher likelihood of repeating a grade,
behavioral problems, higher hospitalization rates, and higher rates of chronic
health conditions. Similarly, pregnant women who are food insecure are at
higher risk of miscarriages, birth defects, and premature birth. The Children's
Cabinet will explore whether state agencies governing agriculture and food
nutrition programs can leverage new and current strategies to achieve the
following goals:
1. Expand access to nutritious food and decrease food
insecurity for pregnant women
It is essential that women have access to nutritious food
before, during, and after pregnancy. The Children's Cabinet shall strategize
ways to increase nutrition and food security for pregnant and post-partum
women, especially low-income women. This includes, but is not limited to,
increasing utilization of the Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC) among eligible families.
2. Expand access to nutritious food and decrease food
insecurity for children
Childhood nutrition and food security is key to healthy
childhood development. The Children's Cabinet will support the work of state
agencies to, among other strategies, expand access to school breakfast and
meals after school, support innovation in summer meal programs, and streamline
eligibility for free meals.
3. Promote community-based food systems to increase access to
healthy, local foods
It is critical for Virginians, especially children, to have
access to nutritious, affordable, and locally-sourced foods to enable them to
thrive, learn, and succeed. The Children's Cabinet will encourage the
development of innovative models to provide increased access to healthy foods
focusing on areas classified as food deserts. These strategies include, but are
not limited to, promoting urban agriculture initiatives, farmer's markets, farm
to school, and local food systems to encourage a diversifying Virginia
agricultural economy.
C. Systems of Care and Safety for School-Aged Youth
Virginia's children are increasingly experiencing a complex set
of environmental, health, and public safety related challenges that affect
their ability to develop into thriving young adults. It is estimated that at
least one in five of Virginia's children exhibit symptoms of mental health
disorders and 19% of children in Virginia have experienced two or more adverse
childhood experiences. Additionally, Virginia's annual school safety audit
indicates that half of all threats reported to K-12 threat assessment teams
involve threats of harm to self. Unfortunately, fewer than half of our youth
receive the care they need. Because our youth spend a substantial amount of
time in schools, we must equip the professionals who regularly interface with
them to recognize and intervene as soon as concerning behaviors appear. Recognizing
the need to support the health and safety of children, the Children's Cabinet
will leverage strategies to achieve the following goals:
1. Develop recommendations to enhance student safety
Virginia is a national leader in school safety and has a
consistent record of adopting innovative legislation, such as mandated threat
assessments in K-12 schools and annual school safety audits, and implementing
robust training programs for school personnel and school resource officers. We
must continue to adapt and respond to new and emerging challenges affecting the
safety of our communities, schools, and children. Our work must be grounded in
the concept that trusting relationships between adults and youth are the
foundation to ensuring the safety of our students. The Children's Cabinet will
assemble school personnel, public safety officials, mental health
professionals, and other community partners to make recommendations to the
Governor by October 1, 2018. These recommendations will include enhancing
information sharing and effectiveness of threat assessments teams; assessing
the role, prevalence, and training of school resource and school security
officers; evaluating existing ratios and staffing levels for school support
staff; and identifying opportunities to expand training to a variety of
personnel.
2. Support a consistent, evidence-based, and
culturally-competent statewide response to childhood trauma
Adverse childhood experiences are serious childhood traumas
that result in toxic stress and harm a child's brain and development. These
traumas have a tremendous impact on future victimization, and lifelong health
and opportunity. The Children's Cabinet will seek to coordinate efforts across
state agencies, with external stakeholders and local communities to foster
systems that provide a consistent trauma-informed response to children with
adverse childhood experiences and build resiliency of individuals and
communities.
The First Lady of the Commonwealth of Virginia will chair the
Children's Cabinet. The remaining members of the Children's Cabinet will be
appointed by the Governor, including the Lieutenant Governor and the
Secretaries of Agriculture and Forestry, Education, Health and Human Resources,
and Public Safety and Homeland Security. The Chair may invite other secretaries
to participate as needed and appropriate.
Staff support for the Children's Cabinet will be provided by
the secretariats and offices represented in the cabinet. The Children's Cabinet
will serve in an advisory role, in accordance with § 2.2-2100 of the Code
of Virginia, and will meet upon the call of the Chair at least four times per
year. The Children's Cabinet will issue an annual report by no later than May
1, 2019, and any additional reports and recommendations as necessary or
requested by the Governor.
This Executive Order shall be effective for one year after its
signing.
Given under my hand and under the Seal of the Commonwealth of
Virginia, this 21st day of June, 2018.
The Commonwealth of Virginia is the best place to work, live,
and raise a family because of its commitment to providing opportunities for
success in both the workplace and at home. The creation of this leave policy
will not only provide benefits for children and parents, but also strengthen
the Commonwealth's ability to recruit and retain a talented workforce.
Research shows paid time-off provides benefits for both
children and parents. Access to parental leave has a positive impact on
children's health and development and decreases infant mortality rates. For
parents, paid time-off increases the likelihood they will return to the labor
force and benefits health and well-being.
The Commonwealth's employees are dedicated public servants.
They work hard to keep Virginia strong. The creation of this leave policy will
provide them with the support they need in the workplace and at home. The paid
parental leave policy is in addition to other leave benefits available to
Commonwealth employees, such as Virginia Sickness and Disability Program leave
(VSDP), sick leave, annual leave, and leave under the federal Family Medical
Leave Act (29 USC §§ 2601-2654).
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, I hereby authorize the creation of Paid Parental Leave for
employees of executive branch agencies (Agencies) in the Commonwealth under the
following parameters:
1. A classified or at-will employee who has been employed by
the Commonwealth for a minimum of twelve (12) consecutive months is eligible
for parental leave (Eligible Employee).
2. Following the birth, adoption, or foster placement of a
child younger than 18 years of age:
• An Eligible Employee will receive eight (8) weeks (320 hours)
of parental leave; and
• If both parents are Eligible Employees, each shall receive
parental leave, which may be taken concurrently, consecutively, or at different
times.
3. Parental leave shall be taken within six (6) months
following the birth, adoption, or foster placement of the child.
4. Parental leave shall only be taken once in a 12-month period
and only once per child.
5. Parental leave shall be provided at 100% of the Eligible
Employee's regular salary.
6. Parental leave shall not be counted against an Eligible
Employee's annual or sick leave.
7. Legal holidays listed in § 2.2-3300 of the Code of
Virginia shall not be counted against parental leave.
8. Parental leave shall run concurrently with leave provided
under the Family and Medical Leave Act, if the employee is eligible.
9. Parental leave may run concurrently or sequentially with
VSDP, if the employee is eligible for VSDP.
The Department of Human Resource Management (DHRM or
Department) shall establish policy and guidance documents to support
implementation of this Executive Order.
Requests for exceptions to this policy must be directed to the
Eligible Employee's Human Resource Manager. If the Human Resource Manager at
the Agency level approves the exception, then a request must be made to DHRM
for final approval. DHRM will then notify the Human Resource Manager of its
decision. The Human Resource Manager will subsequently inform the Eligible
Employee of the final decision reached by DHRM and will process the leave
request accordingly.
On July 1, 2019, and every July 1 thereafter, the Human
Resource Manager for each Agency shall submit to DHRM a report regarding the
usage of parental leave by Agency employees for the preceding fiscal year. The
report shall be in a form and contain such data as prescribed by the
Department.
This Executive Order shall be effective upon signing and shall
remain in full force and effect unless amended or rescinded by further
executive order.
Given under my hand and under the Seal of the Commonwealth of
Virginia this 25th Day of June, 2018.
Establishing the Governor's Advisory
Commission on Quality Child Care and Education
As Governor of the Commonwealth of Virginia, I am committed to
ensuring the prosperity of Virginia. The Commonwealth employs approximately
100,000 employees. Many of these employees play a critically-important role
outside of their working hours – that of a parent. These employees work hard to
secure a future that is bright and full of opportunity for their children. The
Commonwealth should ensure a supportive work environment where employees can
work toward the success of their families and the Commonwealth.
Currently, state employees across the Commonwealth struggle
with the access to and affordability of quality early care and learning
environments for their children. Childhood is a time of development and
discovery for parent and child alike. Having a reliable, safe, and nurturing
environment where young children can grow and explore individual potential is
key to a parent's ability to be a productive member of the workforce. In order
to compete to recruit and retain talented young employees, the Commonwealth
must support state employees' ability to access and afford early care and
learning for their children.
Thus, by virtue of the authority vested in me as Governor,
under Article V of the Constitution of Virginia and §§ 2.2-134, 2.2-135
and 2.2-2100 of the Code of Virginia, and subject to my continuing and ultimate
authority and responsibility to act in such matters, I hereby establish the
Virginia Advisory Commission on Quality Child Care and Education (Commission).
Focusing on an area that reflects the highest concentration of the state
government's labor force, the Commission will explore the feasibility of
providing an evidence-based early care and learning program for young children
of state employees working on and around Capitol Square in Richmond.
The Commission's membership shall be appointed by the Governor
and co-chaired by the Secretaries of Education and Health and Human Resources
or their designees (Co-Chairs). Membership shall also consist of the following:
• Two members from the House of Delegates, as recommended
by the Speaker of the House;
• One member from the Senate, as recommended by the President
pro tempore of the Senate; and
• Experts in early childhood education and development, as
appointed by the Governor.
The Governor may appoint other members deemed necessary to
carry out the assigned functions of the Commission. The Commission will meet
upon the call of the Co-Chairs and will issue a report regarding their findings
and recommendations no later than November 1, 2019, and any additional reports
and recommendations as necessary or as requested by the Governor.
Staff support for the Commission will be provided by the
Secretary of Education, the Secretary of Health and Human Resources, the Office
of the Governor, and any other agencies or offices as may be designated by the
Governor. An estimated 100 hours of staff time will be required to support the
work of the Commission.
Our workforce is only as strong, resilient, and adaptive as we
enable it to be. It is my hope that the Commission's findings and
recommendations will be shared to promote best practices across the Commonwealth.
More particularly, by seeking to nurture the growth of our children, while
assisting their parents in managing a work-life balance, I hope the
Commonwealth sets an example – an example other government and private sector
employers will follow by exploring such opportunities for their employees.
This Executive Order shall be effective upon signing and shall
remain in full force and effect for a year from its signing, unless amended or
rescinded by further executive order.
Given under my hand and under the Seal of the Commonwealth of
Virginia this 26th day of June, 2018.
By virtue of the authority vested in me as Governor under
Article V of the Constitution of the Commonwealth of Virginia and under the
laws of the Commonwealth, including, but not limited to, § 2.2-4013 and §
2.2-4017 of the Code of Virginia, and subject to my continuing and ultimate
authority and responsibility to act in such matters, I hereby establish
policies and procedures for the review of all new regulations and changes to
existing regulations proposed by state agencies, which shall include for
purposes of this Executive Order all agencies, boards, commissions, and other
entities of the Commonwealth within the executive branch that are authorized to
promulgate regulations. Nothing in this Executive Order shall be construed to
limit my authority under the Code of Virginia, including to require an
additional 30-day public comment period, file a formal objection to a
regulation, suspend the effective date of a regulation with the concurrence of
the applicable body of the General Assembly, or to exercise any other rights
and prerogatives existing under Virginia law.
The following acronyms and definitions are set out here for
ease of use and represent only a summary of terms and acronym s related to the
regulatory review process. More detailed descriptions and definitions can be
found throughout the Administrative Process Act (APA), § 2.2-4000, et seq.
of the Code of Virginia.
ABD – Agency Background Document. An ABD is a form completed by
agencies and uploaded on the Virginia Regulatory Town Hall (Town Hall) for each
regulatory stage in order to describe and explain the regulatory action. The
form for each stage is available on the Town Hall.
APA – Administrative Process Act, § 2.2-4000, et seq. of
the Code of Virginia. Article 2 of the APA contains provisions on how
regulations are to be promulgated in Virginia.
Day – All references to a day mean a calendar day.
EIA – Economic Impact Analysis. An EIA is prepared by DPB and
evaluates the estimated costs and benefits of a regulatory proposal.
Emergency rulemaking process – This process is invoked (1) when
there is an emergency situation as determined by the agency and the Governor
agrees that an emergency regulation is necessary, or (2) when a Virginia
statutory law or the appropriation act or federal law or federal regulation
requires that a state regulation be effective in 280 days or less from its
enactment.
Executive branch review – The review of a regulatory proposal
at various stages by the executive branch before it is published in the Virginia
Register of Regulations and available for public comment. The scope of
review depends on the stage type, e.g., a proposed stage is reviewed by: the
Office of the Attorney General (OAG), DPB, the appropriate Cabinet Secretary,
and the Governor.
Fast-track rulemaking process – This process may be utilized
for rules that are expected to be noncontroversial.
Legislative mandate – When a law is passed by the General
Assembly that requires a regulation to be promulgated, amended, or repealed in
whole or part.
NOIRA – Notice of Intended Regulatory Action. A NOIRA is the
first stage in the standard rulemaking process in Virginia.
OAG – Office of the Attorney General. The OAG must review
regulatory proposals at the emergency stage, the fast-track stage, and the
proposed stage. In addition, the OAG must review a proposal at the final stage
if there have been changes with substantial impact made since the proposed
stage.
RIS – Regulation Information System. The RIS is a web-enabled
application operated by the Registrar and is used by agencies to create text
for regulatory proposals. This text is then synchronized on the Town Hall
website for display to all Town Hall users.
Town Hall – The Virginia Regulatory Town Hall website. The Town
Hall is managed by DPB and used by agencies to post regulatory proposals and to
facilitate the regulatory review process. The site features public comment
forums, meeting information, and an email notification service.
The executive branch agencies of the Commonwealth must consider,
review, and promulgate numerous regulations each year. This Executive Order
sets out procedures and requirements to ensure the efficiency and quality of
Virginia's regulatory process. All state employees who draft, provide policy
analysis for, or review regulations shall carefully consider and apply the
principles outlined below during the regulatory development and review process.
A. All regulatory activity should be undertaken with the least
possible intrusion into the lives of the citizens of the Commonwealth and be
necessary to protect the public health, safety, and welfare. Accordingly,
agencies shall consider:
1. The use of economic incentives to encourage the desired
outcomes (such as user fees or marketable permits);
2. The use of information disclosure requirements, rather than
regulatory mandates, so that the public can make more informed choices;
3. The use of performance standards in place of mandating
specific techniques or behavior; and
4. The consideration of reasonably available alternatives in
lieu of regulation.
B. Where applicable, and to the extent permitted by law, it
shall be the policy of the Commonwealth that only regulations necessary to
interpret the law or to protect the public health, safety, or welfare shall be
promulgated.
C. Regulations shall be clearly written and easily
understandable.
D. Regulations shall be designed to achieve their intended
objective in the most efficient, cost effective manner.
A. Regulatory development shall be based on the best reasonably
available and reliable scientific, economic, and other information concerning
the need for, and consequences of, the intended regulation. Agencies shall
specifically cite the best reasonably available and reliable scientific, economic,
and other information in support of regulatory proposals.
B. Regulatory development shall be conducted in accordance with
the statutory provisions related to impact on small businesses. D PB shall work
with state agencies to address these requirements during the regulatory review
process, including notifications as appropriate to the Joint Commission on
Administrative Rules.
C. During regulatory development, agencies shall consider the
impact on existing and potential Virginia employers and their ability to
maintain and increase the number of jobs in the Commonwealth, as well as the
cost of compliance to the general public.
A. Agencies shall actively seek input for proposed regulations
from interested parties, stakeholders, citizens, and members of the General
Assembly.
B. In addition to requirements established in Article 2 of the
APA, agencies shall post all rulemaking actions on the Town Hall to ensure that
the public is adequately informed of rulemaking activities.
C. All legal requirements related to public participation and
all public participation guidelines shall be strictly followed to ensure that
citizens have reasonable access and opportunity to present their comments and
concerns. Agencies shall inform interested persons of (1) the Town Hall's email
notification service that can send information regarding the specific
regulations, regulatory actions, and meetings about which they are interested,
and (2) the process to submit comments in the Town Hall public comment forums.
Agencies shall establish procedures that provide for a timely written response
to all comments and the inclusion of suggested changes that would improve the
quality of the regulation.
A. Agencies, as well as reviewing entities, shall endeavor to perform
their tasks in the regulatory process as expeditiously as the regulatory
subject matter will allow and shall adhere to the timeframes set out in this
Executive Order.
B. Regulations will be subject to periodic evaluation, review,
and modification, as appropriate, in accordance with the APA, policy
initiatives of the Governor, and legislation.
C. Each agency head will be held accountable for ensuring that
the policies and objectives specified in this Executive Order are put into
effect. Agency heads shall ensure that information requested by DPB, the
appropriate Cabinet Secretary, or the Office of the Governor, in connection
with this Executive Order, is provided on a timely basis. Incomplete regulatory
packages may be returned to the appropriate agency by DPB.
The review process in this Executive Order applies to
rulemakings initiated by agencies of the Commonwealth of Virginia in accordance
with Article 2 of the APA.
With the exception of the requirements governing the periodic
review of existing regulations, the posting of meeting agenda and minutes, and
the posting of guidance documents, agencies and agency regulatory action exempt
from Article 2 of the APA are not subject to the requirements of this Executive
Order. Nonetheless, the Governor, a Cabinet Secretary, or the Chief of Staff
may request in writing that an agency comply with all or part of the
requirements of this Executive Order for regulations exempt from Article 2 of
the APA. Copies of such requests shall be forwarded to the Governor's Policy
Office and DPB. In addition, a Cabinet Secretary may request in writing that
certain Article 2 exempt regulations be further exempted from all or part of
the requirements of this Executive Order.
These procedures shall apply in addition to those already
specified in the APA, the agencies' public participation guidelines, and the
agencies' basic authorizing statutes. As of June 30, 2018, these procedures
shall apply to all regulatory actions and stages that have been submitted to
DPB for any stage of executive branch review.
Any failure to comply with the requirements set forth herein
shall in no way affect the validity of a regulation, create any cause of action
or provide standing for any person under Article 5 of the APA (§ 2.2-4025
et seq. of the Code of Virginia), or otherwise challenge the actions of a
government entity responsible for adopting or reviewing regulations.
Regulations shall be subject to executive branch review as
specified herein. All agency regulatory packages shall be submitted via the
Town Hall. For each stage of the regulatory development process, agencies shall
complete and post the applicable ABD on the Town Hall to describe the
regulatory action and inform the public about the substance and reasons for the
rulemaking. Agencies shall ensure that the correct regulatory text is
synchronized with the appropriate stage information page on the Town Hall.
If a regulatory package is submitted to DPB, and DPB determines
that the package is not substantially complete, then DPB shall notify the
agency within 10 days. At that time, the agency must withdraw the package from
the Town Hall and resubmit the package only after all missing elements
identified by DPB have been added. Agencies shall submit regulatory packages to
the Registrar for publication on the Town Hall within 14 days of being
authorized to do so.
In rulemakings where there are two or more stages, the filing
of each subsequent stage shall be submitted on the Town Hall as expeditiously
as the subject matter allows and no later than 180 days after the conclusion of
the public comment period for the prior stage. If this deadline is not met, it
shall be reported to the appropriate Cabinet Secretary in an end of year report
further described below.
A. Standard Rulemaking Process
1. Notice of Intended Regulatory Action (NOIRA) Stage
The NOIRA shall include the nature and scope of the regulatory
changes being considered and the relevant sections of the Virginia
Administrative Code. This package shall include draft regulatory text if it is
available.
DPB shall review the NOIRA to determine whether it complies
with all requirements of this Executive Order and applicable statutes and
whether the contemplated regulatory action comports with the policy of the
Commonwealth as set forth herein. Within 14 days of receiving a complete NOIRA
review package from the agency, the Director of DPB shall advise the
appropriate Secretary and the Governor of DPB's determination. If the Director
of DPB advises the appropriate Secretary and the Governor that the NOIRA
presents issues requiring further review, the NOIRA shall be forwarded to the
Secretary. The Secretary shall review the NOIRA within 14 days and forward a
recommendation to the Governor. If DPB does not find issues requiring further
review, the agency shall be authorized to submit the NOIRA to the Registrar for
publication when the Governor approves the NOIRA for publication.
The Chief of Staff to the Governor is hereby authorized to
approve or disapprove NOIRAs on behalf of the Governor. Public comments
received following publication of the NO IRA should be encouraged and carefully
considered in developing the proposed stage of a regulatory proposal.
2. Proposed Stage
Following the initial public comment period required by
§ 2.2-4007.01 of the Code of Virginia, and taking into account the
comments received, the agency shall prepare a regulatory review package.
At this stage, the proposed regulation and regulatory review
package shall be in as close to final form as possible, including completed
review by all appropriate regulatory advisory panels or negotiated rulemaking
panels. New issues that were not disclosed to the public when the NOIRA was
published shall not be addressed at the proposed stage.
a. OAG. The OAG will conduct a review of the proposed
regulation and produce a memorandum assessing the agency's legal authority to
promulgate the regulation. The OAG may also provide any advice, recommendations,
or other comments for consideration by the Governor with respect to the
proposed regulation. After the OAG has completed its review, the package will
be submitted to DPB.
b. DPB. DPB shall review the proposed regulatory package to
determine whether it complies with all requirements of this Executive Order,
applicable statutes, and other policies of the Commonwealth. Per
§ 2.2-4007.04 of the Code of Virginia, within 45 days of receiving a
complete regulatory review package, the Director of DPB shall prepare a policy
analysis and EIA before advising the appropriate Secretary and the Governor of
the results of the review.
c. Cabinet Secretary. The Secretary shall review the proposed
regulation package within 14 days and forward a recommendation to the Governor.
d. Governor. The Chief of Staff to the Governor is hereby
authorized to approve or disapprove proposed regulations on behalf of the
Governor.
Following the proposed stage public comment period, required by
§ 2.2-4007.03 of the Code of Virginia, the agency may wish to make
additional changes and/or receive additional public comment by publishing a
revised proposed regulation. The order of executive branch review for the
revised proposed stage shall be as follows:
A. OAG. The OAG will conduct a review of the revised proposed
regulation and produce a memorandum assessing the agency's legal authority to
promulgate the regulation. The OAG may also provide any advice,
recommendations, or other comments for consideration by the Governor with
respect to the revised proposed regulation. After the OAG has completed its
review, the package will be submitted to DPB.
B. DPB. DPB shall review the revised proposed regulatory
package to determine whether it complies with all requirements of this
Executive Order, applicable statutes, and other policies of the Commonwealth.
Within 21 days of receiving a complete regulatory package, the Director of DPB
shall prepare a policy analysis and EIA before advising the appropriate Secretary
and the Governor of the results of the review.
C. Cabinet Secretary. The Secretary shall review the revised
proposed regulation package within 14 days and forward a recommendation to the
Governor.
D. Governor. The Chief of Staff to the Governor is hereby
authorized to approve or disapprove revised proposed regulations on behalf of
the Governor.
3. Final Stage
Following the public comment period required by
§ 2.2-4007.03 of the Code of Virginia and taking into account all comments
received since the last stage was published, the rulemaking entity shall revise
the proposed regulation.
If any change with substantial impact - as determined by DPB -
has been made to the regulatory text between the proposed and final stages, the
agency shall obtain a letter from the OAG certifying that the agency has
authority to make the additional changes.
a. DPB. DPB shall review the final stage package to determine
whether it complies with all requirements of this Executive Order, applicable
statutes, and other policies of the Commonwealth. In particular, DPB shall
assess the effect of any substantive changes made since the publication of the
proposed regulation and the responsiveness of the agency to public comment.
Within 14 days of receiving a complete final regulation package from the
agency, the Director of DPB shall prepare a policy analysis before advising the
appropriate Secretary and the Governor of the results of the review.
b. Cabinet Secretary. The Secretary shall review the final
stage regulation package within 14 days and forward a recommendation to the
Governor.
c. Governor. The Chief of Staff to the Governor is hereby
authorized to approve or disapprove proposed final regulations on behalf of the
Governor.
B. Fast-Track Rulemaking Process
The fast-track rulemaking process is for rules that are
expected to be noncontroversial.
DPB shall review the fast-track regulation to determine whether
the regulatory change is appropriately within the intended scope of fast-track
regulatory authority, whether it complies with all other requirements of this
Executive Order and applicable statutes, and whether the contemplated
regulatory action comports with the policy of the Commonwealth. DPB shall
request the Governor's office to determine if the fast-track process is
appropriate when there is any question as to whether a package should be
allowed to proceed in this manner. The Governor shall retain discretion to
disapprove use of the fast-track rulemaking process when the Governor
determines use of this process is not in the public interest, the determination
of which shall be at the sole discretion of the Governor.
After a fast-track regulation has been submitted on the Town
Hall, executive branch review will proceed as follows:
1. OAG. The OAG will conduct a review of the proposed
fast-track regulation and produce a memorandum assessing the agency's legal
authority to promulgate the regulation. The OAG may also provide any advice,
recommendations, or other comments for consideration by the Governor with
respect to the fast-track regulation. After the OAG has completed its review,
the package will be submitted to DPB.
2. DPB. DPB shall determine within 10 days or less whether the
regulatory package is appropriate for the fast-track rulemaking process and
communicate this decision to the agency. After a package has been determined to
be appropriate for the fast-track process, the Director of DPB shall have 30
days to prepare a policy analysis and EIA before advising the appropriate
Secretary and the Governor of the results of the review.
3. Cabinet Secretary. The Secretary shall review the fast-track
regulation package within 14 days and forward a recommendation to the Governor.
4. Governor. The Chief of Staff to the Governor is hereby
authorized to approve or disapprove fast-track regulations on behalf of the
Governor.
C. Emergency Rulemaking Process
Emergency regulations may be promulgated by an agency if it
determines there is an emergency situation, consults with the OAG, and obtains
the approval of the Governor. Emergency regulations may also be promulgated in
situations in which Virginia statutory law or the appropriation act or federal
law or federal regulation requires that a state regulation be effective in 280
days or less from its enactment and the regulation is not exempt from the APA.
If the agency plans to replace the emergency regulation with a
permanent regulation, it should file an Emergency/NOIRA stage. The order of
executive branch review shall be as follows:
1. OAG. The OAG will conduct a review of the proposed emergency
regulation and produce a memorandum assessing the agency's legal authority to
promulgate the regulation. The OAG may also provide any advice,
recommendations, or other comments for consideration by the Governor with
respect to the proposed emergency regulation. After the OAG has completed its
review, the package will be submitted to DPB.
2. DPB. DPB shall review the proposed emergency regulatory
package to determine whether it complies with all requirements of this
Executive Order, applicable statutes, and other policies of the Commonwealth.
Within 10 days of receiving a complete emergency regulation package from the
agency, the Director of DPB shall prepare a policy analysis before advising the
appropriate Secretary and the Governor of the results of the review.
3. Cabinet Secretary. The Secretary shall review the proposed
emergency regulation package within 10 days and forward a recommendation to the
Governor.
4. Governor. The Chief of Staff to the Governor is hereby
authorized to approve or disapprove emergency regulations on behalf of the
Governor.
An emergency regulation shall be effective for up to 18 months
and may be extended for up to an additional six months if, despite the
rulemaking entity's best efforts, a permanent replacement regulation cannot
become effective before it expires. If an agency wishes to extend an emergency
regulation beyond its initial effective period, the agency shall submit an
emergency extension request to the Governor's Office via the Town Hall as soon
as the need for the extension is known and no later than 30 days before the
emergency regulation is set to expire. The emergency extension request must be
granted prior to the expiration date of the emergency regulation, pursuant to
§ 2.2-4011(D) of the Code of Virginia.
Every existing state regulation shall be reviewed at least once
every four years by the promulgating agency, unless specifically exempted from
periodic review by the Governor. A periodic review shall include notice to the
public, a public comment period (minimum of 21 days), and a result to be
announced no later than 60 days after the close of the public comment period.
The review shall ensure that each regulation complies with the
principles set out in this Executive Order. In addition, each periodic review
shall include an examination by the OAG to ensure statutory authority for the
regulation and that the regulation does not exceed the agency's rulemaking
authority. Agencies shall cooperate with reviews of regulations by the OAG,
including, but not limited to, reasonable requests for data and other
supporting information as may be necessary to conduct the review.
The periodic review must be conducted on the Town Hall and may
be accomplished either during the course of a comprehensive regulatory action
using the standard rulemaking process, or (2) by using the periodic review
feature as follows:
A. During the course of a comprehensive rulemaking using the
standard regulatory process. If the agency already plans to undertake a
standard regulatory action, the agency can fulfill the periodic review
requirement by including a notice of a periodic review in the NOIRA. When the
proposed stage is submitted for executive branch review, the ABD shall include
the result of the periodic review. When a regulation has undergone a
comprehensive review as part of a regulatory action and when the agency has
solicited public comment on the regulation, a periodic review shall not be
required until four years after the effective date of the regulatory action.
B. Using the periodic review feature. If, at the time of the
periodic review, the agency has no plans to begin a comprehensive rulemaking
using the standard rulemaking process, then the agency shall use the periodic
review feature to announce and report the result of a periodic review. If the
result of the periodic review is to amend the regulation, the agency shall link
the periodic review with the subsequent action to amend the regulation. If the
result is to retain the regulation as is, the agency shall so indicate using
the appropriate Town Hall form.
In addition to the procedures described above, the Governor may
request a periodic review of a regulation at any time deemed appropriate. Such
a request may outline specific areas to be addressed in the review. In the case
of such a request, the agency shall follow the procedures for periodic review
as established herein or such other procedures as may be stipulated by the
Governor.
Agencies shall post petitions for rulemaking and decisions to
grant or deny the petitions on the Town Hall, in accordance with the timeframes
established in § 2.2-4007 of the Code of Virginia.
If an agency fails to meet any regulatory timeframe deadlines
set forth below, it shall submit a report to its Cabinet Secretary and DPB no
later than December 31 of the year in which the timeframe deadline is not met.
This report shall include the Town Hall action and stage number, as well as an
explanation of why the timeframe deadline was not met. The report must contain
the following missed regulatory timeframe deadlines:
A. For regulatory actions that have multiple stages, the period
between the close of a public comment period and when the next stage is
submitted on the Town Hall shall not exceed 180 days.
B. Agencies have 14 days to submit a regulatory package to the
Register once they have been authorized to do so.
By July 1 of each year, agencies shall post on the Town Hall
all legislative mandates for rulemaking activity required by the most recent
session of the General Assembly. The agency shall then link each legislative
mandate with the regulatory action that implements the mandate.
Agencies shall post all guidance documents or a link to each
agency guidance document, as defined by § 2.2-4001 of the Code of
Virginia, on the Town Hall. Any changes to a guidance document or a guidance
document link shall be reflected on the Town Hall within 10 days of the change.
This Executive Order rescinds and replaces Executive Order
Number 17 (2014) issued by Governor Terence R. McAuliffe. This Executive Order
s hall become effective on June 29, 2018, and shall remain in full force and
effect until July 16, 2018, unless amended or rescinded by further executive
order.
Given under my hand and under the Seal of the Commonwealth of
Virginia on this 29th day of June, 2018.