TITLE 5. CORPORATIONS

STATE CORPORATION COMMISSION

Proposed Regulation

Title of Regulation: 5VAC5-30. Uniform Commercial Code Filing Rules (amending 5VAC5-30-20 through 5VAC5-30-70).

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.

Agency Contact: Bernard Logan, Clerk of the Commission, State Corporation Commission, 1300 East Main Street, P.O. Box 1197, Richmond, VA 23218, telephone (804) 371-9834, or email bernard.logan@scc.virginia.gov.

Summary:

The proposed amendments require that Uniform Commercial Code (UCC) records shall only be communicated to the Clerk of the Virginia State Corporation Commission by the electronic delivery method provided by the clerk, unless in the case of hardship or other good cause, in which case the clerk may, at its discretion, allow for the communication of a UCC record by a method other than electronic filing. The proposed amendments include additional process revisions to update the regulation.

5VAC5-30-20. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Amendment" means a UCC record that amends the information contained in a financing statement. Amendments also include (i) assignments and (ii) continuation and termination statements.

"Assignment" means an amendment that assigns all or a part of a secured party's power to authorize an amendment to a financing statement.

"Continuation statement" shall have the meaning prescribed by § 8.9A-102(a)(27) of the Code of Virginia.

"File number" shall have the meaning prescribed by § 8.9A-102(a)(36) of the Code of Virginia.

"Filing office" means the Clerk's Office of the State Corporation Commission.

"Filing officer" means the Clerk of the State Corporation Commission.

"Filing officer statement" means a statement entered into the UCC information management system to explain an action by the filing office.

"Financing statement" shall have the meaning prescribed by § 8.9A-102(a)(39) of the Code of Virginia.

"Individual" means a natural person, living or deceased.

"Information statement" means a UCC record that indicates a financing statement is inaccurate or wrongfully filed.

"Initial financing statement" means a UCC record containing the information required to be in an initial financing statement and that causes the filing office to establish the initial record of existence of a financing statement.

"Organization" means a legal person that is not an individual.

"Personal identifiable information" shall have the meaning prescribed by § 12.1-19 B of the Code of Virginia.

"Remitter" means a person who delivers a UCC record to the filing office for filing, whether the person is a filer or an agent of a filer responsible for delivering the UCC record for filing. "Remitter" does not include a person responsible merely for the delivery of the UCC record to the filing office, such as the postal service or a courier service but does include a service provider who acts as a filer's representative in the filing process.

"Secured party of record" shall have the meaning prescribed by § 8.9A-511 of the Code of Virginia.

"Termination statement" shall have the meaning prescribed by § 8.9A-102(a)(80) of the Code of Virginia.

"Through date" means the most recent date that all submissions for a specified day have been indexed in the UCC information management system.

"UCC" means the Uniform Commercial Code - Secured Transactions (§ 8.9A-101 et seq. of the Code of Virginia).

"UCC information management system" means the information management system used by the filing office to store, index, and retrieve information relating to financing statements.

"UCC record" means an initial financing statement, an amendment, and an information or a filing officer statement, and shall not be deemed to refer exclusively to paper or paper-based writings.

5VAC5-30-30. General filing and search requirements.

A. UCC records may be delivered to shall only be tendered for filing at the filing office for filing as follows: 1. By personal delivery, at the filing office street address; 2. By courier delivery, at the filing office street address; 3. By postal delivery, to the filing office mailing address; or 4. B by electronic delivery method provided and authorized by the filing office.

B. The filing time for a UCC record delivered to the filing office for filing by personal or courier delivery is the time the UCC record is date-and-time stamped by the filing office even though the UCC record may not yet have been accepted for filing and may be subsequently rejected. The filing time for a UCC record delivered to the filing office for filing by postal delivery is the next close of business following the time of delivery (even though the UCC record may not yet have been accepted for filing and may be subsequently rejected). A UCC record delivered to the filing office for filing after regular business hours or on a day the filing office is not open for business will have a filing time of the close of business on the next day the filing office is open for business. The filing time for a UCC record delivered to the filing office for filing by authorized electronic delivery method is the date and time the UCC information management system receives the UCC record and determines that all the required elements of the transmission have been received in the required format.

C. In the case of hardship or other good cause, the filing office may, at its discretion, allow for the communication of a UCC record by a method of communication other than electronic filing. Hardship delivery may only occur after the filer has received prior approval from the filing office. The filing office will determine the policy and procedure used to accept and process a UCC record under a hardship request.

D. UCC search requests may be delivered to the filing office by personal, courier, or postal delivery, or by electronic delivery method provided and authorized by the filing office.

5VAC5-30-40. Forms, fees, Fees and payments.

A. Forms. 1. The filing office shall only accept forms for UCC records that conform to the requirements of this chapter. 2. The forms approved by the International Association of Commercial Administrators as they appear on the filing office's website (http://www.scc.virginia.gov/clk/uccfile.aspx) shall be accepted. 3. The filing office may approve other forms for acceptance, including additional forms approved by the International Association of Commercial Administrators. B. Fees. Filing fees and fees for services provided under this chapter are as follows:

1. The fee for filing and indexing a UCC record is $20.

2. The fee for submitting a UCC search request is $7.00.

3. There is no fee for furnishing a paper copy of a UCC record of 25 or fewer pages. The fee for furnishing a paper copy of a UCC record that exceeds 25 pages is $10.00. For certifying a copy, the fee for the certificate and affixing thereto the seal of the commission or a facsimile thereof is $6.00.

C. Methods of payment. B. Filing fees and fees for services provided under this chapter may be paid by the following methods:

1. Payment by debit or credit card of a type approved by the filing office and cash shall be accepted if paid in person at the filing office.

2. Personal check, cashier's check and money order made payable to the State Corporation Commission or Treasurer of Virginia shall be accepted for payment if drawn on a bank acceptable to the filing office or if the drawer is acceptable to the filing office.

3. 1. Payment by debit or credit card of a type approved by the filing office shall be accepted for the filing or submission of a document delivered to the filing office for filing by authorized electronic delivery method.

4. 2. The filing office may accept payment via electronic funds under National Automated Clearing House Association (NACHA) rules from remitters who have entered into appropriate NACHA-approved arrangements for such transfers and who authorize the relevant transfer pursuant to such arrangements and rules.

C. Fees for services provided under this chapter may be paid by the following methods:

1. Payment by debit or credit card of a type approved by the filing office for services requested by authorized electronic delivery method or in person at the filing office.

2. Personal check, cashier's check, and money order made payable to the State Corporation Commission or Treasurer of Virginia shall be accepted for services requested by personal, courier, or postal delivery, or in person at the filing office, if drawn on a bank acceptable to the filing office or if the drawer is acceptable to the filing office.

D. Overpayment and underpayment policies In case of hardship or other good cause, the filing office may allow for the payment of fees by an alternate method of payment. Hardship or other good cause payment may only occur after the filer has received prior approval from the filing office.

1. E. The filing office shall notify the remitter of the amount of any overpayment exceeding $24.99 and send the remitter the appropriate procedure and form for requesting a refund. The filing office shall refund an overpayment of $24.99 or less only upon the written request of the remitter. A request for a refund shall be delivered to the filing office within 12 months from the date of payment.

2. F. Upon receipt of a hardship or other good cause UCC record with an insufficient filing fee, the filing office shall return the UCC record to the remitter with a notice stating the deficiency and may retain the filing fee.

E. Uncollected filing fee payment. G. A filing may be voided by the filing office if the filing fee payment that is submitted by the remitter is dishonored, declined, refused, reversed, charged back to the commission, returned to the commission unpaid, or otherwise rejected for any reason by a financial institution or other third party, and after notice from the filing office, the remitter fails to submit a valid payment for the filing fee and any penalties.

F. Federal liens. H. A notice of lien, certificate and other notice affecting a federal tax lien or other federal lien presented to the filing office pursuant to the provisions of the Uniform Federal Lien Registration Act (§ 55-142.1 et seq. of the Code of Virginia) shall be treated as the most analogous UCC record unless the Uniform Federal Lien Registration Act or federal law provides otherwise.

5VAC5-30-50. Acceptance and refusal of UCC records; continuation statements.

A. The duties and responsibilities of the filing office with respect to the administration of the UCC are ministerial. In accepting for filing or refusing to file a UCC record pursuant to this chapter, the filing office does none of the following:

1. Determine the legal sufficiency or insufficiency of a UCC record;

2. Determine that a security interest in collateral exists or does not exist;

3. Determine that information in the UCC record is correct or incorrect, in whole or in part; or

4. Create a presumption that information in the UCC record is correct or incorrect, in whole or in part.

B. The first day on which a continuation statement may be filed is the day of the month corresponding to the date upon which the related financing statement would lapse in the sixth month preceding the month in which the financing statement would lapse. If there is no such corresponding date, the first day on which a continuation statement may be filed is the last day of the sixth month preceding the month in which the financing statement would lapse. The last day on which a continuation statement may be filed is the date upon which the financing statement lapses. If the lapse date falls on a Saturday, Sunday, or other day on which the filing office is not open, then the last day on which a continuation statement may be filed, if delivered to the filing office for filing by personal, courier, or postal delivery, is the last day the filing office is open prior to the lapse date. An authorized electronic delivery method may be available to file a continuation statement on a Saturday, Sunday, or other day on which the filing office is not open. The relevant anniversary for a February 29 filing date shall be March 1 in the fifth or 30th year following the date of filing.

C. Except as provided in 5VAC5-30-40 D, if the filing office finds grounds to refuse a UCC record for filing, including those set forth in § 8.9A-516 (b) of the Code of Virginia, the filing office shall return the UCC record to the remitter and may retain the filing fee.

D. Nothing in this chapter shall prevent the filing office from communicating to a filer or a remitter that the filing office noticed apparent potential defects in a UCC record, whether or not it was filed or refused for filing. However, the filing office is under no obligation to do so and may not, in fact, have the resources to identify potential defects. The responsibility for the legal effectiveness of filing rests with filers and remitters and the filing office bears no responsibility for such effectiveness.

E. The filing office may act in accordance with § 12.1-19 B of the Code of Virginia with respect to submissions that contain personal identifiable information.

F. If it is determined that the filing office refused to accept a UCC record in error, the filing office shall file the UCC record with the filing date and time that were assigned, based on the method of delivery, by the filing office after the record was originally delivered to the filing office for filing. The filing office shall also file a filing officer statement that states the effective date and time of filing, which shall be the date and time the UCC record was originally delivered to the filing office for filing.

5VAC5-30-60. Filing and data entry procedures.

A. The filing office may correct errors made by its personnel in the UCC information management system at any time. The filing office shall file a filing officer statement in the UCC information management system identifying the UCC record to which it relates, the date of the correction or other action taken, and an explanation of the corrective or other action taken. The filing officer statement shall be preserved as long as the UCC record of the initial financing statement is preserved in the UCC information management system.

B. An error by a filer or remitter is the responsibility of that person. It can be corrected by filing an amendment or it can be disclosed by filing an information statement pursuant to § 8.9A-518 of the Code of Virginia.

C. 1. A UCC record delivered to the filing office for filing shall designate whether a name is a name of an individual or an organization. If the name is that of an individual, the surname, first personal name, additional name or names, and any suffix shall be given. 2. Organization names are entered into the UCC information management system exactly as set forth in the UCC record, even if it appears that multiple names are set forth in the UCC record or if it appears that the name of an individual has been included in the field designated for an organization name. 3. The filing office will only accept forms that designate separate fields for individual and organization names and separate fields for the surname, first personal name, additional name or names, and any suffix. Such forms diminish the possibility of filing office error and help assure that filers' expectations are met. However, the inclusion of names in an incorrect field or the failure to transmit names accurately to the filing office may cause a financing statement to be ineffective. Only names entered in a designated name field through the system-to-system transfer method will be recorded as a name in the UCC information management system. This applies to all parties associated with a UCC record.

D. The filing office shall take no action upon receipt of a notification, formal or informal, of a bankruptcy proceeding involving a debtor included in the UCC information management system.

5VAC5-30-70. Search requests and reports.

A. The filing office maintains for public inspection a searchable index for all UCC records. The index shall provide for the retrieval of all filed UCC records by the name of the debtor and by the file number of the initial financing statement.

B. Search requests shall be made only by electronic delivery method provided and authorized by the filing office or on the Information Request form (Form UCC11) and shall include:

1. The name of the debtor to be searched, specifying whether the debtor is an individual or organization. A search request will be processed using the exact name provided by the requestor.

2. The name and address of the person to whom the search report is to be sent.

3. Payment of the appropriate fee, which shall be made by a method set forth in this chapter.

C. Search requests may include:

1. A request that copies of UCC records found in the search be included with the search report,; and

2. Instructions For requests made by personal, courier, or postal delivery, instructions on the mode of delivery desired, if other than by postal delivery, which shall be followed if the desired mode is acceptable to the filing office.

D. Search results are produced by the application of standardized search logic to the name presented to the filing office. The following criteria apply to searches:

1. There is no limit to the number of matches that may be returned in response to the search request.

2. No distinction is made between upper and lower case letters.

3. Punctuation marks and accents are disregarded.

4. "Noise words" are limited to "an," "and," "for," "of," and "the." The word "the" is disregarded. Other noise words appearing anywhere except at the beginning of an organization name are disregarded. Certain business words are modified to a standard abbreviation: company to "co," corporation to "corp," limited to "ltd," incorporated to "inc."

5. All spaces are disregarded.

6. After using the preceding criteria to modify the name to be searched, the search will reveal names of debtors that are contained in unlapsed or all initial financing statements in an alphabetical list.

E. Reports created in response to a search request shall include the following:

1. The date and time the report was generated.

2. Identification of the name searched.

3. The through date as of the date and time the report was generated.

4. For an organization, the name as it appears after application of the standardized search logic.

5. Identification of each unlapsed initial financing statement or all initial financing statements filed on or prior to the report date and time corresponding to the search criteria, by name of debtor, by file number, and by file date and file time.

6. For each initial financing statement on the report, a listing of all related UCC records filed by the filing office on or prior to the report date.

7. Copies of all UCC records revealed by the search and requested by the requestor.

F. The filing office may provide access to the searchable index via the Internet that produces search results beyond exact name matches. Search results obtained via the Internet shall not constitute an official search and will not be certified by the filing office.

FORMS (5VAC5-30)

UCC Financing Statement, Form UCC1 (rev. 4/11).

UCC Financing Statement Addendum, Form UCC1Ad (rev. 4/11).

UCC Financing Statement Additional Party, Form UCC1AP (rev. 8/11).

UCC Financing Statement Amendment, Form UCC3 (rev. 4/11).

UCC Financing Statement Amendment Addendum, Form UCC3Ad (rev. 4/11).

UCC Financing Statement Amendment Additional Party, Form UCC3AP (rev. 8/11).

UCC Information Statement, Form UCC5 (rev. 7/12).

UCC Information Request, Form UCC11 (rev. 7/12).

UCC Information Request, Form UCC11 (rev. 7/2023)

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Titles of Regulations: 8VAC20-23. Licensure Regulations for School Personnel (amending 8VAC20-23-10, 8VAC20-23-40, 8VAC20-23-50, 8VAC20-23-90 through 8VAC20-23-120, 8VAC20-23-140 through 8VAC20-23-180, 8VAC20-23-200 through 8VAC20-23-710).

8VAC20-543. Regulations Governing the Review and Approval of Education Programs in Virginia (amending 8VAC20-543-10, 8VAC20-543-20, 8VAC20-543-60, 8VAC20-543-70, 8VAC20-543-80, 8VAC20-543-620, 8VAC20-543-630).

Statutory Authority: §§ 22.1-16 and 22.1-298 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: October 9, 2024.

Effective Date: October 24, 2024.

Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 25th Floor, 101 North 14th Street, Richmond, VA 23219, telephone (804) 225-2540, or email jim.chapman@doe.virginia.gov.

Basis: The State Board of Education's overall regulatory authority is found in § 22.1-16 of the Code of Virginia. The board's regulatory authority over licensing requirements for school personnel is found in § 22.1-253.13:2 A of the Code of Virginia.

Purpose: The rationale for this regulatory action is that the changes will help align board regulations with federal requirements. This action is essential to protect the health, safety, and welfare of citizens by ensuring that board regulations are aligned with federal requirements.

Rationale for Using Fast-Track Rulemaking Process: The agency expects that this action will be noncontroversial because the agency is merely performing technical changes in order to align its regulations with federal requirements, and therefore the action is appropriate for the fast-track rulemaking process.

Substance: The amendments align Virginia regulations with changes in federal regulations. Those changes, effective July 1, 2020, no longer categorize accrediting agencies as "regional" or "national," but instead include them under the umbrella terms "institutional" or "nationally recognized."

Issues: This regulatory action's primary advantage to the public, the Commonwealth, and the regulated community is that it aligns board requirements with applicable federal requirements. This regulatory action has no disadvantages to the public, the Commonwealth, or the regulated community.

Department of Planning and Budget's Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The State Board of Education (board) proposes to amend Licensure Regulations for School Personnel (8VAC20-23) and Regulations Governing the Review and Approval of Education Programs in Virginia (8VAC20-543) to align with federal regulation (34 CFR 600)² concerning post-secondary institution accreditation.

Background. The Licensure Regulations for School Personnel set standards for the licensure of teachers, principals, superintendents, and other professional personnel in Virginia. The Regulations Governing the Review and Approval of Education Programs in Virginia set the requirements for institutions of higher education to offer state-approved teacher preparation programs that lead to licensure. Both regulations currently require accreditation for institutions of higher education by a "regional" accrediting agency and include the following definition: ""Accredited institution" means an institution of higher education accredited by a regional³ accrediting agency recognized by the United States Department of Education (USED)." The Regulations Governing the Review and Approval of Education Programs in Virginia also includes the following definition: ""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."

The United States Department of Education amended 34 CFR 600 to no longer categorizes accrediting agencies as "regional" or "national," but instead includes them under a combined umbrella identified as "institutional" or "nationally recognized." Consequently, the board proposes to remove "regional" from both regulations in numerous references. Instead, it would be accredited by an accrediting agency recognized by the USED.

Estimated Benefits and Costs. All 36 education programs in the Commonwealth⁴ are accredited by regional accreditation agencies. Thus, the proposed amendments would not directly affect these institutions. Nevertheless, the proposed amendments may result in an increase in the number of individuals either initially or eventually eligible for a teaching license, and therefore available for hire by local school boards. Currently, individuals must have a degree from a regionally accredited institution in order to qualify for Virginia teacher licensure. There are education programs in other states that have national, but not regional accreditation as defined in the current Regulations Governing the Review and Approval of Education Programs in Virginia. Thus, some individuals who received their training in other states would newly become eligible for licensure in the Commonwealth.

Also, some institutions with branches in Virginia may choose to newly offer teacher preparation at those branches. According to the Virginia Department of Education, there are seven universities based outside of the Commonwealth⁵ that have education programs that are nationally approved, but do not offer those programs at their Virginia branch campuses. The proposed amendments may encourage some of these institutions to newly offer teacher training at their Virginia branches. This may also increase the supply of licensed teachers in the Commonwealth. As demonstrated by a September 2023 Joint Legislative Audit and Review Commission study (JLARC study),⁶ there are shortages of fully qualified teachers for many local school divisions in the Commonwealth, with some being particularly severe. An increase in the supply of fully qualified licensed teachers could thus be substantially beneficial.

Businesses and Other Entities Affected. The proposed amendments may affect all 131 local school divisions in Virginia by potentially increasing the supply of fully qualified licensed teachers. If this proposed change leads to an increase in the supply of licensed teachers in the Commonwealth, then those local school divisions with the highest teacher vacancy rates would likely be particularly affected in a positive direction. According to the JLARC study, the following school divisions had vacancy rates above ten percent for the 2023-2024 school year: Caroline County, Charles City County, Cumberland County, Essex County, Hampton City, Lancaster County, Lunenburg County, Norfolk City, Northampton County, Nottoway County, Poquoson City, Suffolk City, and Surry County.

The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁷ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁸ The proposed amendments do not appear to directly increase costs or reduce benefits. Thus, no adverse impact is indicated.

Small Businesses⁹ Affected.¹⁰ The proposed amendments do not adversely affect small businesses.

Localities¹¹ Affected.¹² The proposed amendments may particularly affect those localities with the highest vacancy rates for teachers. Those localities are listed above in the Businesses and Other Entities Affected section. The proposal does not appear to increase costs for local governments.

Projected Impact on Employment. The proposed amendments may increase employment in that a higher percentage of teacher positions may be filled.

Effects on the Use and Value of Private Property. The proposed amendments do not appear to directly affect the use and value of private property nor real estate development costs.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² See https://www.ecfr.gov/current/title-34/subtitle-B/chapter-VI/part-600.

³ Ibid.

⁴ The 36 institutions are: Averett University, Bluefield University, Bridgewater College, Christopher Newport University, Eastern Mennonite University, Emory & Henry College, Ferrum College, George Mason University, Hampton University, Hollins University, James Madison University, Liberty University, Longwood University, University of Lynchburg, Mary Baldwin University, University of Mary Washington, Marymount University, Norfolk State University, Old Dominion University, Radford University, Randolph College, Randolph-Macon College, Regent University, University of Richmond, Roanoke College, Shenandoah University, Sweet Briar College, University of Virginia, University of Virginia's College at Wise, Virginia Commonwealth University, Virginia Polytechnic Institute & State University, Virginia State University, Virginia Union University, Virginia Wesleyan University, Washington and Lee University, and College of William and Mary.

5 Those seven universities are: American University, Catholic University of America, Central Michigan University, George Washington University, University of Oklahoma, Trine University, and Webster University.

⁶ See https://jlarc.virginia.gov/pdfs/reports/Rpt576-3.pdf.

⁷ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁸ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁹ Pursuant to § 2.2-4007.04, 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."

¹⁰ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

¹¹ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

¹² Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency's Response to Economic Impact Analysis: The State Board of Education thanks the Department of Planning and Budget for its thorough economic impact analysis.

Summary:

The amendments make textual changes throughout the regulations reflecting changes to federal regulations effective July 1, 2020. Those changes no longer categorize accrediting agencies as "regional" or "national," but instead identifies them under the umbrella terms "institutional" or "nationally recognized."

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 an accrediting agency recognized by the United States U.S. 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 guidelines developed by the board or 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 license following the voluntary return of the license by the license holder.

"Career and Technical Education License" means a three-year license available to qualified individuals to teach, either full time or part time, high school career and technical education courses in specific subject areas who meet requirements set forth in this chapter. Individuals issued a three-year Career and Technical Education License shall not be eligible for continuing contract status while teaching under such license and shall be subject to the probationary terms of employment specified in § 22.1-303 of the Code of Virginia.

"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.

"Career and Technical Education or Dual Enrollment License" means a three-year license to solely teach career and technical education courses or dual enrollment courses at public high schools in the Commonwealth issued to any individual who (i) is employed as an instructor by an accredited institution of higher education that is accredited by a nationally recognized regional accreditation body, (ii) is teaching in the specific career and technical education or dual enrollment subject area at such institution in which the individual seeks to teach at a public school, and (iii) complies with the requirements set forth in subdivisions D 1 and D 3 of § 22.1-298.1 of the Code of Virginia. The Virginia Board of Education shall require any such instructor to maintain continuous employment in such position at the institution of higher education as a condition of continued license. The provisions of this regulation shall expire on July 1, 2021,; however, any license issued pursuant to the act prior to July 1, 2021, shall remain in effect for three years from the date it was issued unless such license is revoked by the Virginia Board of Education.

"Collegiate Professional License" means a 10-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 an accredited college or university institution and the professional teacher's assessments prescribed by the Virginia Board of Education.

"Denial" means the refusal to grant a license.

"Division Superintendent License" means a 10-year, renewable license available to an individual who has completed an earned master's degree from a regionally an accredited college or university institution and meets the requirements specified in 8VAC20-23-630. The individual's name 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 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 who meets requirements by a state-approved, federally-designated 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.

"One-Year High School License" means a license valid for one-year one year and renewable thereafter in one-year increments to teach in public high schools for individuals who have met requirements for such license as set forth in this chapter.

"Online Teacher License" means a 10-year, renewable license valid only for teaching online courses. Teachers who hold a five-year or 10-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 10-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 an accredited college or university institution.

"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.

"Pupil Personnel Services License" means a 10-year, renewable license available to an individual who has earned an appropriate graduate degree from a regionally an accredited college or university institution 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 10 years, unless otherwise specified, to an individual who meets all requirements specified in this chapter.

"Reprimand" means a written admonishment of a license holder that does not result in the withdrawal of a license.

"Revocation" means the withdrawal of a license.

"School Manager License" means a 10-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. 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 an accredited college or university institution; has three years of successful managerial experience; and is recommended for the license by a Virginia school division superintendent.

"Suspension" means the temporary withdrawal of a license.

"Technical Professional License" means a 10-year, renewable license available to an individual who has graduated from a public or accredited nonpublic high school (or possesses a 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 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.

8VAC20-23-40. Conditions for licensure.

A. Applicants for licensure 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 an accredited college or university institution 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 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 an accredited college or university institution 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 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 an accredited college or university institution and who seek an initial Virginia teaching license 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 shall complete the professional teacher's 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 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 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 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 shall demonstrate proficiency in the relevant content area, communication, literacy, and other core skills for educators by achieving a qualifying score on professional assessments or meeting alternatives alternative evaluation standards as prescribed by the board; complete study in attention deficit disorder; complete study in gifted education, including the use of multiple criteria to identify gifted students; and complete study in methods of improving communication between schools and families and ways of increasing family involvement in student learning at home and at school.

F. Every person seeking initial licensure shall (i) complete awareness training, provided by the Department of Education on the indicators of dyslexia, as that term is defined by the board pursuant to regulations, and the evidence-based interventions and accommodations for dyslexia; (ii) 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 (iii) 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 (a) be based on the current national evidenced-based 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;, and (b) include hands-on practice of the skills necessary to perform cardiopulmonary resuscitation. 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. Every person seeking initial licensure as a teacher who has not received the instruction described in subsection D of § 23.1-902 of the Code of Virginia shall receive instruction or training on positive behavior interventions and supports; crisis prevention and de-escalation; the use of physical restraint and seclusion, consistent with regulations of the Virginia Board of Education; and appropriate alternative methods to reduce and prevent the need for the use of physical restraint and seclusion.

H. The teacher of record for verified credit courses for high school graduation shall hold a Virginia license with the appropriate content endorsement.

I. 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.

J. 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.

K. Every person seeking renewal of a license as a teacher shall complete training in the instruction of students with disabilities that includes (i) differentiating instruction for students depending on their needs; (ii) understanding the role of general education teachers on individual education program teams; (iii) implementing effective models of collaborative instruction, including co-teaching; and (iv) understanding the goals and benefits of inclusive education for all students.

L. No teacher who seeks a provisional license shall be required to meet any requirement set forth in subsection F or G of this section as a condition of such licensure, but each teacher shall complete each such requirement during the first year of provisional licensure.

M. Every person seeking initial licensure of a license with an endorsement as a school counselor shall complete training in the recognition of mental health disorder and behavioral distress, including depression, trauma, violence, youth suicide, and substance abuse.

N. Every person seeking initial licensure or renewal of a license with an endorsement in history and social sciences shall complete instruction in African American history, which shall include (i) an understanding of African origins; (ii) the African diaspora; (iii) developments of the Black experience in North America; (iv) the institution of slavery in the United States, including historical perspectives of the enslaved; and (v) how African Americans helped shape and have been shaped by American society.

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 a three-year validity period, with the exception of the Provisional (Career Switcher) License 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 shall complete all requirements for licensure, including passing all licensure assessments, for a renewable license within the validity period of the Provisional License. The individual shall have a minimum of an earned baccalaureate degree from a regionally an accredited college or university institution, with the exception of those individuals seeking the Technical Professional License.

The Virginia Board of Education shall extend for at least one additional year, but for no more than two additional years, the three-year provisional license of a teacher upon receiving from the division superintendent (i) a recommendation for such extension and (ii) satisfactory performance evaluations for such teacher for each year during the original three-year provisional license that such teacher was actually employed and received a filed performance evaluation.

The Virginia Board of Education shall extend for at least one additional year, but for no more than two additional years, the three-year provisional license of a teacher employed at an accredited private elementary, middle, or high school; or a school for students with disabilities that is licensed pursuant to Chapter 16 (§ 22.1-319 et seq.) of Title 22.1 of the Code of Virginia upon receiving from the school administrator of such a school (i) a recommendation for such extension and (ii) satisfactory performance evaluations for such teacher for each year of the original three-year provisional license. If a teacher employed in the Commonwealth under a provisional license is activated or deployed for military service within a school year (July 1 through June 30), an additional year shall be added to the teacher's provisional license for each school year or portion thereof during which the teacher is activated or deployed. The additional year shall be granted the year following the return of the teacher from deployment or activation.

The Virginia Board of Education shall issue a license to an individual seeking initial licensure who has not completed professional assessments as prescribed by the board if such individual (i) holds a provisional license that will expire within three months; (ii) is employed by a school board; (iii) is recommended for licensure by the division superintendent; (iv) has attempted, unsuccessfully, to obtain a qualifying score on the professional assessments as prescribed by the Virginia Board of Education; (v) has received an evaluation rating of proficient or above on the performance standards for each year of the provisional license, and such evaluation was conducted in a manner consistent with the Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers, Principals, and Superintendents; and (vi) meets all other requirements for initial licensure.

2. Collegiate Professional License. The Collegiate Professional License is a 10-year, renewable license available to an individual who has satisfied all requirements for licensure, including an earned baccalaureate degree from a regionally an accredited college or university institution and the professional teacher's assessments prescribed by the Virginia Board of Education.

3. Postgraduate Professional License. The Postgraduate Professional License is a 10-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 an accredited college or university institution.

4. Technical Professional License. The Technical Professional License is a 10-year, renewable license available to a person who has graduated from a public or an accredited nonpublic high school or possesses a Virginia Board of Education-approved high school equivalency credential; has exhibited academic proficiency, skills in literacy and communication, technical competency, and successful occupational experience; has completed nine semester hours of specialized professional studies credit from a regionally an accredited college or university institution; 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 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. Individuals who seek a Technical Professional License may substitute the successful completion of an intensive, job-embedded, three-year program of professional development submitted by a Virginia employing educational agency and preapproved by the Department of Education for the nine semester hours of professional studies required. The Technical Professional License is issued at the recommendation of 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 shall have the appropriate credentials issued by the United States military. Individuals holding a Technical Professional License may teach a military science leadership class with either the appropriate credentials issued by the United States military or (for non-Junior Reserve Officers' Training Corps) a recommendation from a Virginia employing educational agency. The employing Virginia educational agency 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 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 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 shall meet the requirements of the respective licenses.

5. School Manager License. The School Manager License is a 10-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. 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 an accredited college or university institution, 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 10-year, renewable license available to an individual who has earned an appropriate graduate degree from a regionally an accredited college or university institution 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 10-year, renewable license available to an individual who has completed an earned master's degree from a regionally an accredited college or university institution and meets the requirements specified in 8VAC20-23-630. The individual's name 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 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 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 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 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 the educator's 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 would enable the educator to fulfill a similar assignment in the educator's 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 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 10-year, renewable license 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 10-year, renewable license valid only for teaching online courses. Teachers who hold a five-year or 10-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. In order to be issued an Online Teacher License, the individual shall meet the requirements for an endorsement in a content (teaching) area and professional studies and achieve qualifying scores on professional teacher's assessments as prescribed by the Virginia Board of Education. In addition, the individual shall complete a three-semester-hour course in online instructional procedures.

Online instructional procedures: 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 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, 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 student's needs; and employ innovative teaching strategies in an online environment. Demonstrated proficiency of advanced skills in the following 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 10-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 an accredited college or university institution.

(2) Online Teacher (Collegiate Professional) License - a 10-year, renewable teaching license available to an individual who has satisfied all requirements for licensure, including an earned baccalaureate degree from a regionally an accredited college or university institution, 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 10-year, renewable teaching license available to an individual who has graduated from a public or an accredited nonpublic high school or possesses a 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 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 three years. The individual shall have a minimum of an earned baccalaureate degree from a regionally an accredited college or university institution, with the exception of those individuals seeking the Technical Professional License. Individuals 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 an 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 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 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 the individual 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.

11. Career and Technical Education License. The Career and Technical Education License is a three-year license.

a. This license is available to qualified individuals to teach, either full time or part time, high school career and technical education courses in specific subject areas.

b. The three-year license is issued to teach high school career and technical education courses in a specific subject area to an individual who:

(1) Submits an application to the Virginia Board of Education, in the form prescribed by the Virginia Board of Education, that includes a recommendation for such a license from the local school board;

(2) Meets certain basic conditions for licensure as prescribed by the Virginia Board of Education;

(3) Meets one of the following requirements:

(a) Holds, at a minimum, a baccalaureate degree from a regionally an accredited institution of higher education and has completed coursework in the career and technical education subject area in which the individual seeks to teach,;

(b) Holds the required professional license in the specific career and technical education subject area in which the individual seeks to teach, where applicable,; or

(c) Holds an industry certification credential, as that term is defined in § 22.1-298.1 of the Code of Virginia, in the specific career and technical education subject area in which the individual seeks to teach;

(4) Has at least four years of full-time work experience or its equivalent in the specific career and technical education subject area in which the individual seeks to teach; and

(5) If appropriate, has obtained qualifying scores on the communication and literacy professional teacher's assessment prescribed by the Virginia Board of Education.

c. The employing school board shall assign a mentor to supervise an individual issued a three-year license pursuant to this section during the individual's first two years of teaching.

d. Except as otherwise provided in subdivision A 11 e of this section, any individual issued a three-year license pursuant to this section may be granted subsequent three-year extensions of such license by the Virginia Board of Education upon recommendation of the local school board.

e. Any individual issued a three-year license pursuant to this section who completes (i) nine semester hours of specialized professional studies credit from a regionally an accredited institution of higher education or (ii) an alternative course of professional studies proposed by the local school board and approved by the Virginia Department of Education shall be granted a three-year extension of such license by the board and may be granted subsequent three-year extensions of such license by the board upon recommendation of the local school board. Any such specialized professional studies credit or alternative course of professional studies may be completed through distance learning programs and shall include human growth and development; curriculum, instructional, and technology procedures; and classroom and behavior management.

f. No three-year license issued by the board pursuant to this section shall be deemed a provisional license or a renewable license, as those terms are defined in § 22.1-298.1 of the Code of Virginia.

g. Individuals issued a three-year license pursuant to this section shall not be eligible for continuing contract status while teaching under such license and shall be subject to the probationary terms of employment specified in § 22.1-303 of the Code of Virginia.

h. The provisions of this section and of Virginia Board of Education regulations governing the denial, suspension, cancellation, revocation, and reinstatement of licensure shall apply to three-year licenses.

12. One-Year High School License. The One-Year High School License is for individuals seeking licensure through an alternate route. The license is a renewable, one-year license issued to teach in public high schools for individuals who:

a. Received a graduate degree from a regionally an accredited institution of higher education;

b. Completed at least 30 credit hours of teaching experience as an instructor at a regionally an accredited institution of higher education;

c. Received qualifying scores on the professional teacher's assessments prescribed by the Virginia Board of Education, including the communication and literacy assessment and the content-area assessment for the endorsement sought; and

d. Met the following requirements:

(1) Complete study in child abuse recognition and intervention in accordance with curriculum guidelines developed by the Virginia Board of Education in consultation with the Department of Social Services that are relevant to the specific teacher licensure route; and

(2) 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 (i) 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 and (ii) include hands-on practice of the skills necessary to perform cardiopulmonary resuscitation. 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.

The license may be renewed for one year by the submission of an application for renewal and verification from the division superintendent that the individual received a satisfactory performance evaluation.

13. Career and Technical Education or Dual Enrollment License. The Career and Technical Education or Dual Enrollment License is a three-year license to solely teach career and technical education courses or dual enrollment courses at public high schools in the Commonwealth issued to any individual who (i) is employed as an instructor by an institution of higher education that is accredited by a nationally recognized regional accreditation body, (ii) is teaching in the specific career and technical education or dual enrollment subject area at such institution in which the individual seeks to teach at a public school, and (iii) complies with the requirements set forth in subdivisions D 1 and D 3 of § 22.1-298.1 of the Code of Virginia. The Virginia Board of Education shall require any such instructor to maintain continuous employment in such position at the institution of higher education as a condition of continued licensure. Subsections E and F of 8VAC20-23-40 shall expire on July 1, 2021,; however, any license issued pursuant to this chapter prior to July 1, 2021, shall remain in effect for three years from the date the license was issued unless such license is revoked by the Virginia Board of Education.

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.

8VAC20-23-90. Alternate routes to licensure.

A. Career switcher alternate route to licensure for career 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 shall meet the following prerequisite requirements:

a. An application process;

b. An earned baccalaureate degree from a regionally an accredited college or university institution;

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

d. At least 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 professionals shall be completed by the candidate.

3. The Level I requirements 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 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 human development and learning; curriculum and instruction, including technology; language and literacy; specific course content relating to the Virginia Standards of Learning; foundations of education and the teaching profession; classroom and behavior management; 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 shall be assigned to assist the candidate during the first year of employment. Responsibilities of the mentor include 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 agency, the candidate will be eligible to apply for a 10-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 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 agency, the candidate will be eligible to receive a 10-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 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 also 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 a validity period not to exceed three years. The Provisional License is a nonrenewable teaching license valid for a period not to exceed three years. Individuals shall complete all licensure requirements to become eligible for the 10-year, renewable license.

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

a. Entered the teaching field through the alternate route to licensure upon the recommendation of the employing Virginia educational agency. For the Online Teacher Provisional License, individuals 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 an accredited college or university institution 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 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 shall include training such as seminar, internship, or coursework 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 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 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 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 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 school in Virginia who does not hold the appropriate special education endorsement. The Provisional (Special Education) License will be issued 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 shall:

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

2. Have earned a baccalaureate degree from a regionally an accredited college or university institution;

3. Have an assigned mentor with an active Virginia teaching license with an endorsement in special education; and

4. Have a planned program of study in the assigned endorsement area, make progress toward meeting the endorsement requirements each of the three years of the license, and have completed 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.

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 shall meet the following criteria to be eligible to request that experiential learning satisfy the coursework for the endorsement (teaching) content area:

1. Have earned a baccalaureate degree from a regionally an accredited college or university institution;

2. Have at least 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 preK-3 and preK-6 endorsements or endorsements in for which there is no Virginia Board of Education - prescribed 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 an accredited four-year college or university institution or (ii) holds a valid out-of-state teaching license (full credential without deficiencies) that 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 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 this chapter, professional teacher's assessment requirements prescribed by the Virginia Board of Education 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. Licensure by reciprocity is provided for any spouse of an active duty or reserve member of the Armed Forces of the United States or a member of the Virginia National Guard who has obtained a valid out-of-state license, with full credentials and without deficiencies, that is in force at the time the application for a Virginia license is received by the Virginia Department of Education. Each such individual shall establish a file in the Virginia Department of Education by submitting a complete application packet, which shall include official student transcripts and an official copy of the military permanent assignment orders of the individual's spouse. No service requirements or licensing assessments shall be required for any such individual. The Virginia Department of Education shall determine and communicate such individual's eligibility for licensure by reciprocity within 15 business days of receipt of the complete application packet.

D. Licensure by reciprocity is provided for individuals who have obtained a valid out-of-state license, with full credentials and without deficiencies, that is in force at the time the application for a Virginia license is received by the Virginia Department of Education. Each such individual shall establish a file in the Virginia Department of Education by submitting a complete application packet, which shall include official student transcripts. No service requirements or licensing assessments shall be required for any such individual.

E. For licensure by reciprocity, applicants may submit third-party employment verification forms.

F. For licensure by reciprocity, the board shall grant special consideration to individuals who have successfully completed a program offered by a provider that is accredited by the Council for the Accreditation of Educator Preparation.

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 270 professional development points within a 10-year validity period based on an individualized professional development plan that includes ongoing, sustained, and high-quality professional development. Individuals renewing a five-year renewable license must complete 180 professional development points. 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 seeking renewal shall submit a completed licensure application at the time a renewal request is submitted.

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.

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 (i) 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, and (ii) include hands-on practice of the skills necessary to perform cardiopulmonary resuscitation. 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.

E. Every person seeking renewal of a license with an endorsement as a school counselor shall complete training in the recognition of mental health disorder and behavioral distress, including depression, trauma, violence, youth suicide, and substance abuse.

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. 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.

H. Every person seeking renewal of a license with an endorsement in history and social science shall complete instruction in African American history, which shall include (i) an understanding of African origins; (ii) the African diaspora; (iii) developments of the Black experience in North America; (iv) the institution of slavery in the United States, including historical perspectives of the enslaved; and (v) how African Americans helped shape and have been shaped by American society.

I. Every person seeking renewal of a license as a teacher shall complete training in the instruction of students with disabilities that includes (i) differentiating instruction for students depending on their needs; (ii) understanding the role of general education teachers on the individualized education program team; (iii) implementing effective models of collaborative instruction, including co-teaching; and (iv) understanding the goals and benefits of inclusive education for all students.

J. When provided by the state, individuals shall complete other professional development activities prescribed by the Virginia Board of Education.

K. 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, in accordance with Virginia Board of Education guidelines set forth in the Virginia Licensure Renewal Manual.

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 institution. College coursework 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. 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 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 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.

5. Publication of book. Books shall be published for purchase and 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 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; and 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 the person's 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 10-year renewal cycle.

7. Educational project. Educational projects shall be planned, focused projects based on high standards of teaching and learning. Projects shall result in a written report or other tangible product. Projects 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 shall focus on student learning and achievement, schoolwide educational improvement, leadership, subject content, teaching strategies, and use of technologies or other essential elements in teaching to high standards. Activities 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.

L. The 270 points may be accrued by activities drawn from one or more of the eight renewal options. Individuals renewing a five-year renewable license must complete 180 professional development points as prescribed by the Virginia Board of Education. 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 the field and to respond to new curricular demands within the individual's area of professional competence.

M. The proposed work toward renewal in certain options 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 their a license by submitting to the Office of Professional Licensure, Virginia Department of Education, a renewal application, fee, the individualized renewal record, and verification of the completion of all renewal requirements, including official student transcripts of coursework taken at a regionally an accredited two-year or four-year college or university institution.

N. Virginia school divisions and accredited nonpublic schools shall recommend renewal of licenses using the renewal point system.

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 an accredited college or university institution in the liberal arts or sciences, or equivalent; professional teacher's assessments requirement prescribed by the Virginia Board of Education; specific endorsement requirements; and professional studies requirements.

8VAC20-23-140. Early childhood for three-year-olds and four-year-olds (add-on endorsement).

Endorsement requirements. The candidate shall have:

1. An earned baccalaureate degree from a regionally an accredited college or university institution and hold a license issued by the Virginia Board of Education with an endorsement in elementary education, such as preK-3 or 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 (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 (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 an accredited college or university institution in the liberal arts or sciences, or equivalent, and completed coursework that covers the early/primary education preK-3 competencies and meets the following semester-hour requirements:

a. English (shall include composition, oral communication, and literature): 12 semester hours; or complete 6 six semester hours in English and pass a rigorous elementary subject test prescribed by the Virginia Board of Education;

b. Mathematics (shall include algebra Algebra, geometry, probability and statistics, and methods in teaching elementary mathematics): 12 semester hours; or complete 6 six semester hours in mathematics, complete a methods in teaching elementary mathematics course (3 three 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 six semester hours in laboratory science (in two science disciplines), complete a methods in teaching elementary science course (3 three semester hours), and pass a rigorous elementary subject test prescribed by the Virginia Board of Education;

d. History (shall include American history and world history): 6 six semester hours, and Social Science (shall include geography and economics): 6 six semester hours; or complete 3 three semester hours in history, complete 3 three semester hours in social science (geography or economics), complete a methods in teaching elementary history and social sciences course (3 three semester hours), and pass a rigorous elementary subject test prescribed by the Virginia Board of Education; and

e. Arts: 3 three 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 shall have earned a baccalaureate degree from a regionally an accredited college or university institution majoring in the liberal arts or sciences (or equivalent) and meet the following semester-hour requirements:

a. English (shall include composition, oral communication, and literature): 12 semester hours; or complete 6 six semester hours in English and pass a rigorous elementary subject test prescribed by the Virginia Board of Education;

b. Mathematics (shall include algebra Algebra, geometry, probability and statistics, and teaching elementary mathematics): 15 semester hours; or complete 6 six hours in mathematics, complete a methods in teaching elementary mathematics course (3 three semester hours), and pass a rigorous elementary subject test prescribed by the Virginia Board of Education;

c. Laboratory sciences: 15 semester hours in at least three science disciplines and at least a three credit science methods course; or complete 9 nine semester hours (in two science disciplines), complete a methods in teaching elementary science course (3 three semester hours), and pass a rigorous elementary subject test prescribed by the Virginia Board of Education;

d. History (shall include American history and world history): 6 six semester hours, and Social Science (shall include geography and economics): 6 six semester hours; or complete 3 three semester hours in history, complete 3 three semester hours in social science (geography or economics), complete a methods in teaching elementary history and social sciences course (3 three semester hours), and pass a rigorous elementary subject test prescribed by the Virginia Board of Education; and

e. Arts: 3 three semester hours.

8VAC20-23-170. Middle education 6-8.

Endorsement requirements.

1. The candidate 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 shall have earned a baccalaureate degree from a regionally an accredited college or university institution in the liberal arts or sciences, or equivalent; and completed the minimum number of semester hours, as indicated, in at least one area of academic preparation (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 (shall include coursework in language, 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 (shall include coursework in algebra Algebra, geometry, probability and statistics, applications of mathematics, and methods of teaching mathematics to include middle school mathematics content): 24 semester hours.

c. Laboratory sciences. Laboratory sciences concentration (shall include courses in each of the following: biology, chemistry, physics, and Earth and space science; and a laboratory course is required in each of the four areas): 24 semester hours.

d. History and social sciences. History and social sciences concentration (shall include a course in American history; world history; economics; American government, including state and local government; and geography): 21 semester hours.

8VAC20-23-180. PreK-12, special education, secondary grades 6-12, and adult education endorsements.

Individuals seeking licensure with preK-12, special education, secondary grades 6-12, 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 an accredited college or university institution in the liberal arts or sciences, or equivalent; professional teacher's assessment requirements prescribed by the Virginia Board of Education; specific endorsement requirements; and professional studies requirements.

8VAC20-23-200. Adult education.

A. Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution or hold a Collegiate Professional License (requires a baccalaureate degree from a regionally an accredited college or university) institution); and

2. A minimum of 15 semester hours in adult education that 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 adults to become college and career ready, including:

(1) Curriculum development in adult basic education or Virginia Board of Education-approved high school equivalency instruction;

(2) Literacy skills for adults;

(3) Numeracy skills for adults;

(4) Reading comprehension for adult education; and

(5) Other adult basic skills instruction.

B. Individuals not holding a Collegiate Professional License or a Postgraduate Professional License 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in adult English as a second language; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 learners: 3 three semester hours;

b. English linguistics: 3 three semester hours;

c. Cross-cultural education: 3 three semester hours;

d. Modern foreign language: 6 six semester hours; and

e. Electives from the following areas: 6 six semester hours:

(1) Cross-cultural communication;

(2) Second language acquisition;

(3) General linguistics;

(4) Teaching reading to adults;

(5) Adult English learner instruction; or

(6) Adult English learner curriculum development.

8VAC20-23-220. Career and technical education – agricultural education.

A. Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in agricultural education; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution and completed 39 semester hours of coursework in agriculture, including at least 3 three semester hours in each of the areas in subdivisions 2 a through 2 f of this subsection, as well as a minimum of 9 nine semester hours in one concentration area listed in 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 three semester hours, or one year of successful, full-time or the equivalent (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 three semester hours; curriculum and instruction in career and technical education: 3 three semester hours; and applications of instructional technology or classroom and behavior management: 3 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in business and information technology; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution and completed a major in business education or 39 semester hours of coursework in business and information technology, including:

a. Accounting: 6 six semester hours;

b. Economics: 3 three semester hours;

c. Business law, business principles, management, marketing, or finance: 9 nine semester hours;

d. Communications and media to include oral, written, and presentation skills: 3 three semester hours;

e. Information systems and technology to include computer software applications, 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 three semester hours; and

g. Supervised business experience: 3 three semester hours, or one year of successful full-time or the equivalent (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 highly specialized business and information technology area, such as networking, 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 an accredited institution in the teaching specialty area sought; and

4. Completed professional studies requirements (human development and learning: 3 three semester hours; curriculum and instruction in career and technical education: 3 three semester hours; and applications of instructional technology or classroom and behavior management: 3 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in family and consumer sciences; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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: 9 nine semester hours;

b. Resource management, personal and family finance, and consumer economics: 6 six semester hours;

c. Food, nutrition, dietetics, wellness, and food science: 9 nine semester hours;

d. Housing, home furnishing, and equipment: 3 three semester hours;

e. Apparel and textiles: 6 six semester hours;

f. Occupational program management: 3 three semester hours; and

g. Supervised occupational experience related to family and consumer sciences, 3 three semester hours, or one year of successful, full-time or the equivalent (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, 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 an accredited college or university institution, where applicable in the area of endorsement sought; and

4. Completed professional studies requirements (human development and learning: 3 three semester hours; curriculum and instruction in career and technical education: 3 three semester hours; and applications of instructional technology or classroom and behavior management: 3 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved program of study 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. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 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 an accredited institution in the teaching specialty area sought; and

5. Completed professional studies requirements (human development and learning: 3 three semester hours; curriculum and instruction in career and technical education: 3 three semester hours; and applications of instructional technology or classroom and behavior management: 3 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in marketing education; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 three semester hours;

b. Management and supervision: 6 six semester hours;

c. Economics: 3 three semester hours;

d. Merchandising and operations: 3 three semester hours;

e. Advertising and promotion: 3 three semester hours;

f. Sales and selling: 3 three semester hours;

g. Communication theory and techniques: 3 three semester hours;

h. Consumer behavior: 3 three semester hours;

i. International (global) marketing: 3 three semester hours;

j. Finance, accounting, or marketing mathematics: 3 three semester hours;

k. Technology applications: 3 three semester hours; and

l. Supervised marketing occupational experience, 3 three 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 three semester hours; curriculum and instruction in career and technical education: 3 three semester hours; and applications of instructional technology or classroom and behavior management: 3 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in technology education; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 six 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 three 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 six 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 nine 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 nine semester hours; or

3. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 three 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 shall have graduated from an approved teacher preparation program with a minimum of a baccalaureate degree from a regionally an accredited college or university institution 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 shall have:

a. A current state 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 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 the individual is to be teaching, if applicable, or can demonstrate competency in the area of trade and industrial education 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 the individual is seeking endorsement. Candidates whose occupational experience has not been within the last five years 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 three semester hours; curriculum and instruction in career and technical education: 3 three semester hours; and applications of instructional technology or classroom and behavior management: 3 three semester hours).

C. Add-on endorsement requirements. A candidate 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 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 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in transition and special needs education; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution and completed a major in career and technical education or special education 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 three semester hours;

b. Instructional methods, curriculum, and resources: 3 three semester hours;

c. Career and life planning, transitioning, occupational information, and delivery of cooperative education programs: 3 three semester hours; and

d. Purposes and practices and characteristics of special populations: 3 three semester hours; and

3. Completed successful, supervised occupational experience, 3 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in computer science; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 six semester hours.

B. Add-on endorsement requirements in computer science. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 six semester hours.

8VAC20-23-310. Dance arts preK-12.

A. Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in dance arts; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution and completed a major in dance arts or 24 semester hours with coursework distributed in the following areas:

a. Development of movement language: 9 nine semester hours.

(1) A course in each area of ballet, folk, jazz, and modern dance: 6 six semester hours; and

(2) Area of concentration in one area of ballet, folk, jazz, or modern dance beyond the entry level: 3 three semester hours;

b. Composition, improvisation, and dance arts production, which may include stage lighting, stage costuming, or stage makeup: 3 three semester hours;

c. Scientific foundations, including human anatomy, kinesiology, and injury prevention and care for dance arts: 9 nine semester hours; and

d. Cultural understanding, including cultural context and dance history: 3 three semester hours.

B. Add-on endorsement requirements in dance arts. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 nine semester hours.

(1) A course in each area of ballet, folk, jazz, and modern dance: 6 six semester hours; and

(2) Area of concentration in one area of ballet, folk, jazz, or modern dance beyond the entry level: 3 three semester hours;

b. Composition, improvisation, and dance arts production, which may include stage lighting, stage costuming, or stage makeup: 3 three semester hours; and

c. Cultural understanding, including cultural context and dance history: 3 three semester hours.

8VAC20-23-320. Driver education (add-on endorsement).

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution 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. Earned a baccalaureate degree from a regionally an accredited college or university institution and hold a license issued by the Virginia Board of Education with a teaching endorsement in a teaching area; and completed 6 six semester hours of coursework distributed in the following areas:

a. Driver Task Analysis, including instructional strategies as prescribed in the Curriculum and Administrative Guide for Driver Education in Virginia (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 three 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 two hours of basic evasive maneuvers; and a minimum of 14 hours of mentorship with a licensed, endorsed driver education teacher: 3 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in engineering;

2. Earned a baccalaureate degree from a regionally an accredited college or university institution and completed a major in engineering or an engineering subspecialty in an Accreditation Board for Engineering and Technology (ABET)-accredited college or university program;

3. Earned a baccalaureate degree from a regionally an accredited college or university institution 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. Earned a baccalaureate degree from a regionally an accredited college or university institution 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. Earned a baccalaureate degree from a regionally an accredited college or university institution and hold a professional engineer's (P.E.) license.

8VAC20-23-340. English.

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in English; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 shall include:

(1) Survey of British literature;

(2) Survey of American literature;

(3) World literature; and

(4) Literary theory and criticism.

b. Language: 3 three 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 three 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 subdivision 2: 6 six semester hours.

8VAC20-23-350. English as a second language preK-12.

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in English as a second language; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution and completed 24 semester hours of coursework distributed in the following areas:

a. Teaching of reading and writing. Courses shall include skills in phonemic and other phonological awareness; 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 shall address teaching reading to English language learners: 6 six semester hours;

b. English linguistics: general and English linguistics 3 three semester hours;

c. Cross-cultural education: 3 three semester hours;

d. Second language acquisition: 3 three 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 three semester hours;

f. English as a second language assessment to include assessing comprehension and communication in English: 3 three semester hours; and

g. Electives from the areas listed in this subdivision 2: 3 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in a foreign language; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 three semester hours of methods of teaching foreign languages at the elementary and secondary levels.

3. Endorsement in a second foreign language may be obtained 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 an accredited college or university institution 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 three semester hours of methods of teaching foreign languages at the elementary and secondary levels from a regionally an accredited college or university institution in the United States or obtain teacher certification in another country with at least three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in Latin; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 three 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 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 an accredited college or university institution 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 three 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 an accredited college or university institution, as explained in subdivision 1 of this subsection, 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 certification issued by the American Sign Language Teachers' Association;

(2) Hold a current, valid certification issued by the Registry of Interpreters for the Deaf; 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. A minimum of three semester hours of methods of teaching foreign languages at the elementary and secondary levels from a regionally an accredited college or university institution in the United States; and

c. A minimum of six semester hours in coursework, including grammar and syntax of American Sign Language.

8VAC20-23-370. Gifted education (add-on endorsement).

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and hold a license issued by the Virginia Board of Education with a teaching endorsement in a teaching area;

2. Earned a baccalaureate degree from a regionally an accredited college or university institution and completed an approved teacher preparation program in gifted education; or

3. Completed the following requirements:

a. Earned a baccalaureate degree from a regionally an accredited college or university institution and hold a license issued by the Virginia Board of Education with a teaching endorsement in a teaching area; and

b. Completed 12 semester hours of graduate-level coursework in gifted education distributed in the following areas:

(1) Introduction and identification of giftedness: 3 three semester hours;

(2) Social and emotional development and guidance of gifted learners: 3 three semester hours;

(3) Curriculum and instructional strategies for gifted learners: 3 three semester hours; and

(4) Advanced course work in one of the following areas: 3 three semester hours:

(a) Advanced curriculum, instruction, and assessment design;

(b) Advanced program development and evaluation; or

(c) Advanced study in underrepresented populations; and

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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in health and physical education; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution and completed a major in health and physical education or 45 semester hours of coursework distributed in the following areas:

a. Personal health, safety, and care of athletic injuries: 3 three semester hours;

b. Human anatomy, physiology, exercise physiology, and biomechanics of human movement: 9 nine semester hours;

c. General health and physical education theory, including curriculum design and development in health and physical education: 3 three semester hours;

d. Instructional methods and skills for secondary physical education: 3 three semester hours;

e. Concepts of motor learning, instructional methods, and skills for elementary physical education: 3 three semester hours;

f. Instruction methods for elementary and secondary school health: 3 three semester hours;

g. Health and physical education electives: 9 nine semester hours;

h. Instructional methods and strategies for adapted physical education: 3 three semester hours;

i. Technology in health and physical education: 3 three semester hours;

j. Principles of human nutrition: 3 three semester hours; and

k. Assessment and evaluation in the content area: 3 three semester hours.

8VAC20-23-390. History and social sciences.

A. Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in history and social sciences; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 (shall include coursework in American history, Virginia history, and world history and may include African American history);

b. Political science: a major in political science or 18 semester hours in political science, which shall include coursework in American government (state and local government);

c. Geography: nine semester hours; and

d. Economics: six semester hours.

All candidates shall have also completed instruction in African American history, either as part of the degree program or through other department-approved alternatives, which shall include (i) an understanding of African origins; (ii) the African diaspora; (iii) developments of the Black experience in North America; (iv) the institution of slavery in the United States, including historical perspectives of the enslaved; and (v) how African Americans helped shape and have been shaped by American society.

B. Add-on endorsement requirements in history, political science, geography, and economics. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and hold a teaching license with an endorsement in history, political science, geography, or economics;

2. Completed 21 semester hours of coursework in the additional social science area - history, political science, geography, or economics for which the add-on endorsement is sought; and

3. Completed instruction in African American history, either as part of the degree program or through other department-approved alternatives, which shall include (i) an understanding of African origins; (ii) the African diaspora; (iii) developments of the Black experience in North America; (iv) the institution of slavery in the United States, including historical perspectives of the enslaved; and (v) how African Americans helped shape and have been shaped by American society.

8VAC20-23-400. Journalism (add-on endorsement).

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and hold a license issued by the Virginia Board of Education with a teaching endorsement in a teaching area; and

2. Completed 6 six 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 shall include document formatting skills, word processing, and computer applications.

8VAC20-23-420. Library media preK-12.

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved preparation program in school library media; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 three 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 six 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 six 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 three 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 six semester hours.

3. Supervised school library media practicum. Experiences shall include clinical experience to give the applicant an opportunity to apply the skills, 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in mathematics; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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;

g. Mathematical modeling; and

h. Computer science, including two programming languages.

8VAC20-23-440. Mathematics – algebra I (add-on endorsement).

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in music education - instrumental; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 six semester hours.

8VAC20-23-460. Music education – vocal/choral preK-12.

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in music education - vocal/choral; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 six semester hours.

8VAC20-23-470. Science – biology.

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in biology;

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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, zoology, anatomy/physiology, and evolutionary biology or ecology.

8VAC20-23-480. Science – chemistry.

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in chemistry;

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in Earth science;

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 science.

8VAC20-23-500. Science – physics.

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in physics;

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved program in special education - adapted curriculum; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 three 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 three 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 three 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 three 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 three 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 other health impairments as an additional disability to those referenced above in this section.

(2) Individualized education program (IEP) implementation: 3 three 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 three 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 three 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 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in special education visual impairments preK-12; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 three 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 three 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 three 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 three 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, 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 three 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 three 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 three 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 three 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 three 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 three semester hours. Skills in this area include:

(1) 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 an accredited college or university institution 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 three 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 three 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 modalities or languages, and who may have additional disabilities.

c. Assessment and evaluation: 3 three 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 three 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 three 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 three 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 three 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 three 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 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in early childhood special education; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 three 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 three semester hours;

c. Curriculum and instructional programming for preschool: 3 three semester hours;

d. Speech and language development and intervention: 3 three semester hours;

e. Medical aspects: 3 semester hours;

f. Social and emotional skills and behavior management for early childhood: 3 three semester hours;

g. Consultation, co-teaching, coaching, and mentoring: 3 three semester hours;

h. Family-centered intervention: 3 three semester hours; and

i. Early childhood elective: 3 three semester hours.

8VAC20-23-550. Special education – general curriculum K-12.

Endorsement requirements: The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved program in special education - general curriculum; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 three 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 three 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 three 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 three 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 three 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 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 three 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.

(3) Transitioning: 3 three 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 three 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 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and hold a license issued by the Virginia Board of Education with an endorsement in elementary education, such as early/primary education preK-3 or elementary education preK-6.

2. Completed 15 semester hours in the education of students with disabilities distributed in each of the following areas:

a. Foundations: 3 three 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 three 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 three 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 three 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 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and hold a license issued by the Virginia Board of Education with an endorsement in middle education, such as middle education grades 6-8 English, middle education grades 6-8 history and social sciences, middle education grades 6-8 mathematics, or middle education-sciences.

2. Completed 15 semester hours in the education of students with disabilities distributed in each of the following areas:

a. Foundations: 3 three 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 three 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 three 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 three 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 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution 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. Completed 15 semester hours in the education of students with disabilities distributed in each of the following areas:

a. Foundations: 3 three 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 three 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 three 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 three 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 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and 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 speech communication.

8VAC20-23-600. Theatre arts preK-12.

A. Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in theatre arts; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution and completed a major in theatre arts or 33 semester hours distributed among the following areas:

a. Directing: 6 six semester hours;

b. Technical theatre: 9 nine semester hours;

c. Cultural context and theatre history: 3 three semester hours;

d. Performance: 6 six semester hours; and

e. Dramatic literature: 9 nine semester hours.

B. Add-on endorsement requirements in theatre arts preK-12. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 three semester hours;

b. Technical theatre: 3 three semester hours;

c. Cultural context and theatre history: 3 three semester hours; and

d. Performance: 6 six semester hours.

8VAC20-23-610. Visual arts preK-12.

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in visual arts; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 six semester hours;

d. Evaluation and criticism and aesthetics: 3 three semester hours; and

e. Related areas of the fine arts: 3 three semester hours.

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 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 shall be 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 shall have:

1. Earned a master's degree from a regionally an accredited college or university institution;

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 an accredited college or university institution;

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, 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 shall have:

1. Earned a master's degree from a regionally an accredited college or university institution;

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 shall be taken from a regionally an accredited college or university institution 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 shall have:

1. Earned a master's degree from a regionally an accredited college or university institution;

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 shall be taken from a regionally an accredited college or university institution that has a state-approved administration and supervision program, or the candidate 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 shall have:

1. Earned a master's degree from a regionally an accredited college or university institution;

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, (with full credential), with an endorsement in administration and supervision or completed an approved program in administration and supervision from a regionally an accredited college or university institution 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 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 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 shall have:

a. Earned a doctorate degree in educational administration or educational leadership from a regionally an accredited college or university institution; and

b. Completed five years of educational experience in a public or an accredited nonpublic school, two years of which shall be successful, full-time teaching experience at the preK-12 level and two years of which shall be in administration and supervision at the preK-12 level.

2. Option II. The individual shall have:

a. Earned a master's degree from a regionally an accredited college or university institution and successfully completed 30 graduate semester hours beyond the conferral date of the master's degree;

b. 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) Understanding 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) Practicing 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) Recognizing 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) Integrating 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) Ability to identify and respond to internal and external forces and influences on a school;

(c) Ability to identify and apply the processes of educational policy development at the state, local, and school level; and

(d) Ability to identify and demonstrate ways to influence educational policy development at the state, local, and school level; and

c. Completed five years of successful educational experience in a public or an accredited nonpublic school, two years of which must be full-time teaching experience at the preK-12 level and two years of which must be in administration and supervision.

3. Option III. The individual shall have:

a. Earned a master's degree from a regionally an accredited college or university institution;

b. A current, valid out-of-state license with an endorsement as a division or district superintendent; and

c. Completed five years of successful educational experience in a public or an accredited nonpublic school, two years of which must be full-time teaching experience at the preK-12 level and two years of which must be in administration and supervision.

4. Option IV. The individual shall have:

a. Earned a master's degree or its equivalent from a regionally an accredited college or university institution;

b. 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 shall have:

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

2. Either:

a. Graduated from a graduate-level approved mathematics specialist elementary education preparation program - master's degree from a regionally an accredited college or university institution required; or

b. Completed a graduate-level program in mathematics, mathematics education, or related education field - master's degree from a regionally an accredited college or university institution 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 shall have:

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;

2. A Virginia license with a Mathematics – algebra I (add-on) or mathematics (secondary) teaching endorsement (grades 6-12); and

3. Either:

a. Graduated from a graduate-level approved mathematics specialist elementary and middle education preparation program - master's degree from a regionally an accredited college or university institution required; or

b. Completed a graduate-level program in mathematics, mathematics education, or related education field - master's degree from a regionally an accredited college or university institution 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 shall have:

1. Graduated from a state-approved graduate-level reading specialist preparation program - master's degree from a regionally an accredited college or university institution 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 shall have:

a. Earned a master's degree from a regionally an accredited college or university institution 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 shall have:

a. Earned a master's degree from a regionally an accredited college or university institution and completed an approved school counselor preparation program that shall include at least 100 clock hours of internship and practicum experiences in the grades 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 shall:

1. Have earned a baccalaureate degree from a regionally an accredited college or university institution;

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 shall:

a. Complete an approved program in school psychology;

b. Earn a baccalaureate degree from a regionally an accredited college or university institution 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 a public or accredited nonpublic school setting.

2. Option II. The candidate shall hold a currently valid certificate issued by the National School Psychology Certification Board.

8VAC20-23-700. School social worker.

Endorsement requirements. The candidate shall have:

1. Earned a master's of social work degree from a regionally an accredited college or university institution with a minimum of 60 graduate-level semester hours; or earned an advanced standing master's of social work degree from a regionally an accredited college or university institution 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. Foundations of education and the teaching profession (3 three 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).

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 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 shall have earned a master's degree in vocational evaluation, career and technical education, special education, or rehabilitation counseling from a regionally an accredited college or university institution and completed 15 graduate semester hours distributed in the following areas:

a. Tests and measurements: 3 three semester hours;

b. Medical and educational aspects of disability: 3 three semester hours;

c. Occupational information and job analysis: 3 three semester hours;

d. Purposes and practices of vocational evaluation: 3 three semester hours; and

e. Career, life planning, and transition services: 3 three semester hours.

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 an accrediting agency recognized by the United States U.S. Department of Education.

"Accredited program" means a Virginia professional education program nationally accredited by the Council for the Accreditation of Educator Preparation (CAEP).

"Accrediting agency" means an accrediting association recognized by the U.S. Department of Education.

"Annual professional education program profile" means the Virginia Department of Education yearly data 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" or "education preparation 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, and for purposes of this chapter, includes four-year bachelor's degree programs in teacher education.

"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 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.

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 an accrediting agency.

B. Professional education programs in Virginia shall obtain and maintain national accreditation from the Council for the Accreditation of Educator Preparation (CAEP). 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 may complete academic degrees in the arts and sciences, or equivalent. "Education preparation program" includes four-year bachelor's degree programs in teacher 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 an approved program.

F. Professional education programs shall ensure that, as a condition of degree completion, each student enrolled in the education preparation program receives instruction on positive behavior interventions and supports; crisis prevention and de-escalation; the use of physical restraint and seclusion, consistent with the regulations of the State Board of Education; and appropriate alternative methods to reduce and prevent the need for the use of physical restraint and seclusion; 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. Each education preparation program graduate in a K-12 general education endorsement area is required to demonstrate proficiency in (i) differentiating instruction for students depending on their needs; (ii) understanding the role of general education teachers on the individualized education program team; (iii) implementing effective models of collaborative instruction, including co-teaching; and (iv) understanding the goals and benefits of inclusive education for all students.

H. 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 State Board of Education for one of the following three ratings: "approved," "approved with stipulations," or "approval denied."

I. 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.

J. The Department of Education will determine the timeline and procedures for applying for education endorsement program approval.

K. 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.

L. 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 professional education program profile to include data prescribed by the State Board of Education on education endorsement programs in accordance with department procedures and timelines.

M. The professional education program authorized administrator shall maintain copies of approved education endorsement programs and required reports.

N. The Department of Education may conduct onsite visits to review education endorsement programs and verify data.

O. The Advisory Board on Teacher Education and Licensure (ABTEL) is authorized to review and make recommendations to the State 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.

P. 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.

Q. 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.

R. Upon the effective date of this chapter As of August 23, 2018, the State 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 as of August 23, 2018, are accredited by the State 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.

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 professional education program profile.

The accredited professional education program shall submit to the Virginia Department of Education a yearly program profile on the preparation of professional school personnel. The professional education program profile shall be published on the department's website. The information required on the professional education program profile shall be approved by the State Board of Education and shall include the following:

1. Institution's accreditation status;

2. Education endorsement program status;

3. Number of candidates admitted in education endorsement programs;

4. Comparison of candidates, admitted to education endorsement programs to overall college or university population;

5. Number of program completers for each endorsement program;

6. Number of program noncompleters for each endorsement program;

7. Biennial accountability data results;

8. Satisfaction ratings by school administrators and clinical experience supervisors of student teachers;

9. Satisfaction ratings by employers of program graduates;

10. Satisfaction ratings of program graduates within two years of employment;

11. Recognition of other program achievements; and

12. Other data as required by the State Board of Education.

8VAC20-543-80. Competencies and requirements for professional education programs.

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 (8VAC20-23). The Licensure Regulations for School Personnel set forth the required degrees from regionally an accredited colleges or universities institution for licenses, endorsements, and prerequisite licenses or endorsements for add-on endorsements.

B. All educator preparation programs must ensure that graduates of candidates in general education teacher preparation programs for kindergarten through 12th grade demonstrate proficiency in (i) differentiating instruction for students depending on their needs; (ii) understanding the role of general education teachers on the individualized education program team; (iii) implementing effective models of collaborative instruction, including co-teaching; and (iv) understanding the goals and benefits of inclusive education for all students.

C. 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.

D. 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.

E. 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.

F. Candidates seeking an early/primary education preK-3 or an elementary education preK-6 endorsement must complete a minimum of 12 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 State Board of Education.

G. Candidates seeking a middle education endorsement must have an area of concentration in English, history and social sciences, mathematics, or science with 21 semester hours in the concentration area.

H. Candidates seeking an endorsement in history and social sciences must complete instruction in African American history, which shall include (i) an understanding of African origins; (ii) the African diaspora; (iii) developments of the Black experience in North America; (iv) the institution of slavery in the United States, including historical perspectives of the enslaved; and (v) how African Americans helped shape and have been shaped by American society.

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 years, 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 an accredited college or university institution 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, 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. 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. Examining factors in home, school, and community that impact students' educational performance and success; and

b. 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, 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 an accredited college or university institution 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 an accredited college or university institution 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. Foundations of education and the teaching profession (3 three semester hours);

b. Characteristics of special education (three semester hours);

c. Human development and learning (three semester hours); or

d. Classroom and behavior management (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. 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.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Final Regulation

Title of Regulation: 8VAC20-23. Licensure Regulations for School Personnel (amending 8VAC20-23-130; adding 8VAC20-23-321 through 8VAC20-23-324).

Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.

Effective Date: October 9, 2024.

Agency Contact: Maggie Clemmons, Director, Licensure and School Leadership, Department of Education, 101 North 14th Street, Richmond, VA 23219, telephone (804) 371-2471, or email maggie.clemmons@doe.virginia.gov.

Summary:

Pursuant to Chapter 391 of the 2018 Acts of Assembly, the amendments establish an endorsement in dual language instruction grades preK through 6.

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.

8VAC20-23-130. Professional studies requirements for early/primary education, elementary education, dual language, 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 three 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 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; trauma, including child abuse and neglect and other adverse childhood experiences; and family disruptions.

2. Curriculum and instruction: 3 three semester hours.

a. Early/primary education preK-3 or elementary education preK-6 curriculum and instruction: 3 three 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 shall be included.

(3) Instructional practices that are sensitive to culturally and linguistically diverse learners, including English learners, gifted and talented students, and students with disabilities, and appropriate for the preK-3 or preK-6 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 engagement in student learning at home and in school; (iv) the Virginia Standards of Learning; and (v) English Language Development Standards (WIDA); and (vi) [ Virginia Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds Virginia's Early Learning and Development Standards: Birth to Five Learning Guidelines ] prepared by the Virginia Department of Education's Office of Humanities and Early Childhood [ Learning ] shall be included.

(6) Early childhood educators shall understand the role of families in child development and in relation to teaching educational skills.

(7) Early childhood educators shall understand the role of the informal and play-mediated settings for promoting students' skills and development and 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 Virginia's Early Learning and Development Standards: Birth to Five Learning Guidelines ].

(8) 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 training or certification in emergency first aid, cardiopulmonary resuscitation, and the use of automated external defibrillators shall be included. The certification or training program shall (i) be based on the current national evidenced-based emergency cardiovascular care guidelines for cardiopulmonary resuscitation and the use of automated external defibrillator, such as a program developed by the American Heart Association or the American Red Cross, and (ii) include hands-on practice of the skills necessary to perform cardiopulmonary resuscitation.

(9) Pre-student teaching experiences (field experiences) should be evident within these skills.

b. Middle education 6-8 curriculum and instruction: 3 three 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 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 shall be included.

(3) Instructional practices that are sensitive to culturally and linguistically diverse learners including English learners, gifted and talented students, and students with disabilities, and 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 engagement in student learning at home and in school, and family engagement with the Virginia Standards of Learning shall be included.

(6) 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 training or certification in emergency first aid, cardiopulmonary resuscitation, and the use of automated external defibrillators shall be included. The certification or training program shall (i) be based on the current national evidenced-based emergency cardiovascular care guidelines for cardiopulmonary resuscitation and the use of automated external defibrillator, such as a program developed by the American Heart Association or the American Red Cross, and (ii) include hands-on practice of the skills necessary to perform cardiopulmonary resuscitation.

(7) Pre-student teaching experiences (field experiences) should be evident within these skills.

c. Dual language curriculum and instruction: three semester hours.

(1) Skills in this area shall contribute to an understanding of the principles of learning; dual language acquisition; theories of second language acquisition; 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 shall be included.

(3) Instructional practices that are sensitive to culturally and linguistically diverse learners, including English learners, gifted and talented students, and students with disabilities and are appropriate for the preK-3 or preK-6 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 engagement in student learning at home and in school; (iv) the Virginia Standards of Learning; (v) English Language Development Standards (WIDA); and (vi) [ Virginia Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds Virginia's Early Learning and Development Standards: Birth to Five Learning Guidelines ] prepared by the Virginia Department of Education's Office of Early Childhood [ Learning ] shall be included.

(6) Early childhood educators shall understand the role of families in child development and in relation to teaching educational skills.

(7) Early childhood educators shall understand the role of the informal and play-mediated settings for promoting students' skills and development and 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 Early Learning and Development Standards: Birth to Five Learning Guidelines ].

(8) Demonstrated proficiency in the use of educational technology for instruction shall be required.

(9) Pre-student teaching experiences (field experiences) should be evident within these skills.

3. Classroom and behavior management: 3 three 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 shall be included.

e. The link between classroom management and students' ages shall be understood and demonstrated in techniques used in the classroom.

4. Assessment of and for learning: 3 three 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 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 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 as related to teacher evaluation and determining student academic progress shall be included.

e. Knowledge of legal and ethical aspects of assessment and skills for developing familiarity with assessments used in preK-12 education, such as diagnostic, college admission exams, industry certifications, and placement assessment shall be included.

5. Foundations of education and the teaching profession: 3 three 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 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, shall be included.

c. Professionalism and ethical standards, as well as personal integrity shall be addressed.

d. Knowledge and understanding of Virginia's Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers shall be included.

6. Language and literacy: 6 six semester hours.

a. Early/primary preK-3 and elementary education preK-6 - language acquisition and reading and writing: 6 six semester hours. Skills listed for these endorsement areas represent the minimum competencies that a beginning teacher 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 three 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 three 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 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 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 three semester hours and literacy in the content areas: 3 three semester hours.

(1) Language acquisition and reading development: 3 three 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 three 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.

c. Dual language (English) preK-6 - language acquisition and reading and writing: six semester hours. Skills listed for these endorsement areas represent the minimum competencies that a beginning teacher 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: three 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) Literacy development (reading and writing): three semester hours. Skills in this area shall be designed to impart a thorough understanding of strategies for integration of content, literacy, and language development, researched-based strategies for differentiating instruction for language development and language and cognitive support or scaffolding bases on the various strategies of the language and literacy acquisition process. 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 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 the ability to foster appreciation of a variety of fiction and nonfiction texts and independent reading.

d. Dual language (target language) preK-6 - language acquisition and bilingual literacy development: six semester hours. Skills listed for these endorsement areas represent the minimum competencies that a beginning teacher 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: three 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) Bilingual literacy development: three semester hours. Skills in this area shall be designed to impart a thorough understanding of strategies for integration of content, literacy, and language development, researched-based strategies for differentiating instruction for dual language and language and cognitive support or scaffolding bases on the various strategies of the second language acquisition process. 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 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 the ability to foster appreciation of a variety of fiction and nonfiction texts and independent reading.

7. Supervised clinical 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.

8VAC20-23-321. Dual language (English) endorsement preK-6.

A. The dual language (English) endorsement is to teach dual language (English). Individuals who hold a valid Virginia teaching license with an elementary education endorsement may teach in dual language (English) in the corresponding grade levels noted on the license (such as Early/Primary Education PreK-3/Elementary Education Prek-6).

B. The candidate is subject to the elementary education content assessment and the reading for educators assessment prescribed by the State Board of Education for initial licensure. The State Board of Education prescribed reading and writing assessment is not required for an initial license with an endorsement in dual language (English).

C. Endorsement requirements for dual language (English) preK-6. The candidate shall have:

1. Graduated from an approved teacher preparation program in dual language elementary preK-6; or

2. Earned a baccalaureate degree from a regionally accredited college or university and completed the following semester-hour requirements:

a. English (shall include composition, oral communication, and literature): 12 semester hours or complete six semester hours in English and pass a rigorous elementary subject test prescribed by the State Board of Education;

b. Mathematics (shall include algebra, geometry, probability and statistics, and teaching elementary mathematics): 15 semester hours or complete six hours in mathematics, complete a methods course in teaching elementary mathematics course (three semester hours), and pass a rigorous elementary subject test prescribed by the State Board of Education;

c. Laboratory sciences: 15 semester hours in at least three science disciplines and at least a three credit science methods course or complete nine semester hours (in two science disciplines), complete a methods in teaching elementary science course (three semester hours), and pass a rigorous elementary subject test prescribed by the State Board of Education; and

d. History (shall include American history and world history): six semester hours and social science (shall include geography and economics): six semester hours or complete three semester hours in history, complete three semester hours in social science (geography or economics), complete a methods course in teaching elementary history and social sciences course (three semester hours), and pass a rigorous elementary subject test prescribed by the State Board of Education.

8VAC20-23-322. Dual language (English) preK-6 Add-on endorsement.

A. The dual language (English) preK-6 endorsement is to teach dual language (English). Individuals who hold a valid Virginia teaching license with an elementary education endorsement in the corresponding grade levels noted on the license (such as Early/Primary Education PreK-3 or Elementary Education Prek-6) may teach in dual language (English) without the add-on endorsement. However, the dual language (English) preK-6 add-on endorsement recognizes the candidate's additional preparation in dual language (English).

B. Endorsement requirements.

1. The candidate shall have earned a baccalaureate degree from a regionally accredited college or university and hold a license issued by the State Board of Education with a teaching endorsement in elementary education.

2. The candidate shall have completed an approved teacher preparation program in dual language (English) preK-6 add-on endorsement or completed the following:

a. Three semester hours in curriculum for dual language design and assessment; and

b. A 45-clock-hour practicum in dual language (English) from a regionally accredited college or university. One year of successful, full-time teaching experience in a public school or accredited nonpublic school may be accepted in lieu of the practicum. The experience may be completed under a Provisional License.

8VAC20-23-323. Dual language (target language) endorsement preK-6.

A. The dual language (target language) [ endorsement ] preK-6 endorsement is to teach dual language in a world language other than English. The target language will be noted on the endorsement.

B. The State Board of Education prescribed reading and writing assessment is not required for an initial license with an endorsement in dual language (target language) endorsement preK-6.

C. Endorsement requirements for dual language (target language) endorsement preK-6. The candidate shall have:

1. Earned a baccalaureate degree from a regionally accredited college or university and graduated from an approved teacher preparation program in dual language (target language) endorsement; or

2. Earned a baccalaureate degree from a regionally accredited college or university, and completed the following requirements:

a. A major in the target language: 12 semester hours in the target language above the intermediate level that must include composition, literature, and conversation or a qualifying score on a foreign language assessment in the target language as prescribed by the State Board of Education;

b. Mathematics: nine semester hours in mathematics that must include methods of teaching elementary mathematics;

c. Laboratory sciences (in two science disciplines): nine semester hours that must include methods of teaching elementary science;

d. History and social sciences: three semester hours in United States history; three semester hours in geography, economics, or United States or comparative government; three semester hours in methods of teaching elementary history and social sciences; and

e. Culture and civilization: three semester hours.

8VAC20-23-324. Dual language (target language) preK-6 add-on endorsement.

A. The dual language (target language) preK-6 add-on endorsement is to teach dual language in a world language other than English. The target language will be noted on the endorsement.

B. Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally accredited college or university and hold a license issued by the State Board of Education with a teaching endorsement in a target language.

2. Completed an approved teacher preparation program in dual language (target language) preK-6 add-on endorsement or completed the following:

a. Three semester hours in curriculum for dual language design and assessment;

b. Passed the rigorous elementary education assessment prescribed by the State Board of Education or completed the following coursework:

(1) Mathematics: nine semester hours in mathematics that must include methods of teaching elementary mathematics;

(2) Laboratory sciences (in two science disciplines): nine semester hours that must include methods of teaching elementary science; and

(3) History and social sciences: three semester hours in United States history; three semester hours in geography, economics, or United States or comparative government; three semester hours in methods of teaching elementary history and social sciences; and

c. A 45-clock-hour practicum in dual language (target language) from a regionally accredited college or university. One year of successful, full-time teaching experience in a public school or accredited nonpublic school in dual language (target language) may be accepted in lieu of the practicum. The experience may be completed under a Provisional License.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Titles of Regulations: 8VAC20-23. Licensure Regulations for School Personnel (amending 8VAC20-23-10, 8VAC20-23-40, 8VAC20-23-50, 8VAC20-23-90 through 8VAC20-23-120, 8VAC20-23-140 through 8VAC20-23-180, 8VAC20-23-200 through 8VAC20-23-710).

8VAC20-543. Regulations Governing the Review and Approval of Education Programs in Virginia (amending 8VAC20-543-10, 8VAC20-543-20, 8VAC20-543-60, 8VAC20-543-70, 8VAC20-543-80, 8VAC20-543-620, 8VAC20-543-630).

Statutory Authority: §§ 22.1-16 and 22.1-298 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: October 9, 2024.

Effective Date: October 24, 2024.

Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 25th Floor, 101 North 14th Street, Richmond, VA 23219, telephone (804) 225-2540, or email jim.chapman@doe.virginia.gov.

Basis: The State Board of Education's overall regulatory authority is found in § 22.1-16 of the Code of Virginia. The board's regulatory authority over licensing requirements for school personnel is found in § 22.1-253.13:2 A of the Code of Virginia.

Purpose: The rationale for this regulatory action is that the changes will help align board regulations with federal requirements. This action is essential to protect the health, safety, and welfare of citizens by ensuring that board regulations are aligned with federal requirements.

Rationale for Using Fast-Track Rulemaking Process: The agency expects that this action will be noncontroversial because the agency is merely performing technical changes in order to align its regulations with federal requirements, and therefore the action is appropriate for the fast-track rulemaking process.

Substance: The amendments align Virginia regulations with changes in federal regulations. Those changes, effective July 1, 2020, no longer categorize accrediting agencies as "regional" or "national," but instead include them under the umbrella terms "institutional" or "nationally recognized."

Issues: This regulatory action's primary advantage to the public, the Commonwealth, and the regulated community is that it aligns board requirements with applicable federal requirements. This regulatory action has no disadvantages to the public, the Commonwealth, or the regulated community.

Department of Planning and Budget's Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The State Board of Education (board) proposes to amend Licensure Regulations for School Personnel (8VAC20-23) and Regulations Governing the Review and Approval of Education Programs in Virginia (8VAC20-543) to align with federal regulation (34 CFR 600)² concerning post-secondary institution accreditation.

Background. The Licensure Regulations for School Personnel set standards for the licensure of teachers, principals, superintendents, and other professional personnel in Virginia. The Regulations Governing the Review and Approval of Education Programs in Virginia set the requirements for institutions of higher education to offer state-approved teacher preparation programs that lead to licensure. Both regulations currently require accreditation for institutions of higher education by a "regional" accrediting agency and include the following definition: ""Accredited institution" means an institution of higher education accredited by a regional³ accrediting agency recognized by the United States Department of Education (USED)." The Regulations Governing the Review and Approval of Education Programs in Virginia also includes the following definition: ""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."

The United States Department of Education amended 34 CFR 600 to no longer categorizes accrediting agencies as "regional" or "national," but instead includes them under a combined umbrella identified as "institutional" or "nationally recognized." Consequently, the board proposes to remove "regional" from both regulations in numerous references. Instead, it would be accredited by an accrediting agency recognized by the USED.

Estimated Benefits and Costs. All 36 education programs in the Commonwealth⁴ are accredited by regional accreditation agencies. Thus, the proposed amendments would not directly affect these institutions. Nevertheless, the proposed amendments may result in an increase in the number of individuals either initially or eventually eligible for a teaching license, and therefore available for hire by local school boards. Currently, individuals must have a degree from a regionally accredited institution in order to qualify for Virginia teacher licensure. There are education programs in other states that have national, but not regional accreditation as defined in the current Regulations Governing the Review and Approval of Education Programs in Virginia. Thus, some individuals who received their training in other states would newly become eligible for licensure in the Commonwealth.

Also, some institutions with branches in Virginia may choose to newly offer teacher preparation at those branches. According to the Virginia Department of Education, there are seven universities based outside of the Commonwealth⁵ that have education programs that are nationally approved, but do not offer those programs at their Virginia branch campuses. The proposed amendments may encourage some of these institutions to newly offer teacher training at their Virginia branches. This may also increase the supply of licensed teachers in the Commonwealth. As demonstrated by a September 2023 Joint Legislative Audit and Review Commission study (JLARC study),⁶ there are shortages of fully qualified teachers for many local school divisions in the Commonwealth, with some being particularly severe. An increase in the supply of fully qualified licensed teachers could thus be substantially beneficial.

Businesses and Other Entities Affected. The proposed amendments may affect all 131 local school divisions in Virginia by potentially increasing the supply of fully qualified licensed teachers. If this proposed change leads to an increase in the supply of licensed teachers in the Commonwealth, then those local school divisions with the highest teacher vacancy rates would likely be particularly affected in a positive direction. According to the JLARC study, the following school divisions had vacancy rates above ten percent for the 2023-2024 school year: Caroline County, Charles City County, Cumberland County, Essex County, Hampton City, Lancaster County, Lunenburg County, Norfolk City, Northampton County, Nottoway County, Poquoson City, Suffolk City, and Surry County.

The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁷ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁸ The proposed amendments do not appear to directly increase costs or reduce benefits. Thus, no adverse impact is indicated.

Small Businesses⁹ Affected.¹⁰ The proposed amendments do not adversely affect small businesses.

Localities¹¹ Affected.¹² The proposed amendments may particularly affect those localities with the highest vacancy rates for teachers. Those localities are listed above in the Businesses and Other Entities Affected section. The proposal does not appear to increase costs for local governments.

Projected Impact on Employment. The proposed amendments may increase employment in that a higher percentage of teacher positions may be filled.

Effects on the Use and Value of Private Property. The proposed amendments do not appear to directly affect the use and value of private property nor real estate development costs.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² See https://www.ecfr.gov/current/title-34/subtitle-B/chapter-VI/part-600.

³ Ibid.

⁴ The 36 institutions are: Averett University, Bluefield University, Bridgewater College, Christopher Newport University, Eastern Mennonite University, Emory & Henry College, Ferrum College, George Mason University, Hampton University, Hollins University, James Madison University, Liberty University, Longwood University, University of Lynchburg, Mary Baldwin University, University of Mary Washington, Marymount University, Norfolk State University, Old Dominion University, Radford University, Randolph College, Randolph-Macon College, Regent University, University of Richmond, Roanoke College, Shenandoah University, Sweet Briar College, University of Virginia, University of Virginia's College at Wise, Virginia Commonwealth University, Virginia Polytechnic Institute & State University, Virginia State University, Virginia Union University, Virginia Wesleyan University, Washington and Lee University, and College of William and Mary.

5 Those seven universities are: American University, Catholic University of America, Central Michigan University, George Washington University, University of Oklahoma, Trine University, and Webster University.

⁶ See https://jlarc.virginia.gov/pdfs/reports/Rpt576-3.pdf.

⁷ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁸ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁹ Pursuant to § 2.2-4007.04, 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."

¹⁰ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

¹¹ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

¹² Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency's Response to Economic Impact Analysis: The State Board of Education thanks the Department of Planning and Budget for its thorough economic impact analysis.

Summary:

The amendments make textual changes throughout the regulations reflecting changes to federal regulations effective July 1, 2020. Those changes no longer categorize accrediting agencies as "regional" or "national," but instead identifies them under the umbrella terms "institutional" or "nationally recognized."

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 an accrediting agency recognized by the United States U.S. 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 guidelines developed by the board or 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 license following the voluntary return of the license by the license holder.

"Career and Technical Education License" means a three-year license available to qualified individuals to teach, either full time or part time, high school career and technical education courses in specific subject areas who meet requirements set forth in this chapter. Individuals issued a three-year Career and Technical Education License shall not be eligible for continuing contract status while teaching under such license and shall be subject to the probationary terms of employment specified in § 22.1-303 of the Code of Virginia.

"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.

"Career and Technical Education or Dual Enrollment License" means a three-year license to solely teach career and technical education courses or dual enrollment courses at public high schools in the Commonwealth issued to any individual who (i) is employed as an instructor by an accredited institution of higher education that is accredited by a nationally recognized regional accreditation body, (ii) is teaching in the specific career and technical education or dual enrollment subject area at such institution in which the individual seeks to teach at a public school, and (iii) complies with the requirements set forth in subdivisions D 1 and D 3 of § 22.1-298.1 of the Code of Virginia. The Virginia Board of Education shall require any such instructor to maintain continuous employment in such position at the institution of higher education as a condition of continued license. The provisions of this regulation shall expire on July 1, 2021,; however, any license issued pursuant to the act prior to July 1, 2021, shall remain in effect for three years from the date it was issued unless such license is revoked by the Virginia Board of Education.

"Collegiate Professional License" means a 10-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 an accredited college or university institution and the professional teacher's assessments prescribed by the Virginia Board of Education.

"Denial" means the refusal to grant a license.

"Division Superintendent License" means a 10-year, renewable license available to an individual who has completed an earned master's degree from a regionally an accredited college or university institution and meets the requirements specified in 8VAC20-23-630. The individual's name 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 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 who meets requirements by a state-approved, federally-designated 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.

"One-Year High School License" means a license valid for one-year one year and renewable thereafter in one-year increments to teach in public high schools for individuals who have met requirements for such license as set forth in this chapter.

"Online Teacher License" means a 10-year, renewable license valid only for teaching online courses. Teachers who hold a five-year or 10-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 10-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 an accredited college or university institution.

"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.

"Pupil Personnel Services License" means a 10-year, renewable license available to an individual who has earned an appropriate graduate degree from a regionally an accredited college or university institution 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 10 years, unless otherwise specified, to an individual who meets all requirements specified in this chapter.

"Reprimand" means a written admonishment of a license holder that does not result in the withdrawal of a license.

"Revocation" means the withdrawal of a license.

"School Manager License" means a 10-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. 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 an accredited college or university institution; has three years of successful managerial experience; and is recommended for the license by a Virginia school division superintendent.

"Suspension" means the temporary withdrawal of a license.

"Technical Professional License" means a 10-year, renewable license available to an individual who has graduated from a public or accredited nonpublic high school (or possesses a 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 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.

8VAC20-23-40. Conditions for licensure.

A. Applicants for licensure 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 an accredited college or university institution 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 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 an accredited college or university institution 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 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 an accredited college or university institution and who seek an initial Virginia teaching license 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 shall complete the professional teacher's 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 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 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 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 shall demonstrate proficiency in the relevant content area, communication, literacy, and other core skills for educators by achieving a qualifying score on professional assessments or meeting alternatives alternative evaluation standards as prescribed by the board; complete study in attention deficit disorder; complete study in gifted education, including the use of multiple criteria to identify gifted students; and complete study in methods of improving communication between schools and families and ways of increasing family involvement in student learning at home and at school.

F. Every person seeking initial licensure shall (i) complete awareness training, provided by the Department of Education on the indicators of dyslexia, as that term is defined by the board pursuant to regulations, and the evidence-based interventions and accommodations for dyslexia; (ii) 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 (iii) 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 (a) be based on the current national evidenced-based 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;, and (b) include hands-on practice of the skills necessary to perform cardiopulmonary resuscitation. 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. Every person seeking initial licensure as a teacher who has not received the instruction described in subsection D of § 23.1-902 of the Code of Virginia shall receive instruction or training on positive behavior interventions and supports; crisis prevention and de-escalation; the use of physical restraint and seclusion, consistent with regulations of the Virginia Board of Education; and appropriate alternative methods to reduce and prevent the need for the use of physical restraint and seclusion.

H. The teacher of record for verified credit courses for high school graduation shall hold a Virginia license with the appropriate content endorsement.

I. 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.

J. 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.

K. Every person seeking renewal of a license as a teacher shall complete training in the instruction of students with disabilities that includes (i) differentiating instruction for students depending on their needs; (ii) understanding the role of general education teachers on individual education program teams; (iii) implementing effective models of collaborative instruction, including co-teaching; and (iv) understanding the goals and benefits of inclusive education for all students.

L. No teacher who seeks a provisional license shall be required to meet any requirement set forth in subsection F or G of this section as a condition of such licensure, but each teacher shall complete each such requirement during the first year of provisional licensure.

M. Every person seeking initial licensure of a license with an endorsement as a school counselor shall complete training in the recognition of mental health disorder and behavioral distress, including depression, trauma, violence, youth suicide, and substance abuse.

N. Every person seeking initial licensure or renewal of a license with an endorsement in history and social sciences shall complete instruction in African American history, which shall include (i) an understanding of African origins; (ii) the African diaspora; (iii) developments of the Black experience in North America; (iv) the institution of slavery in the United States, including historical perspectives of the enslaved; and (v) how African Americans helped shape and have been shaped by American society.

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 a three-year validity period, with the exception of the Provisional (Career Switcher) License 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 shall complete all requirements for licensure, including passing all licensure assessments, for a renewable license within the validity period of the Provisional License. The individual shall have a minimum of an earned baccalaureate degree from a regionally an accredited college or university institution, with the exception of those individuals seeking the Technical Professional License.

The Virginia Board of Education shall extend for at least one additional year, but for no more than two additional years, the three-year provisional license of a teacher upon receiving from the division superintendent (i) a recommendation for such extension and (ii) satisfactory performance evaluations for such teacher for each year during the original three-year provisional license that such teacher was actually employed and received a filed performance evaluation.

The Virginia Board of Education shall extend for at least one additional year, but for no more than two additional years, the three-year provisional license of a teacher employed at an accredited private elementary, middle, or high school; or a school for students with disabilities that is licensed pursuant to Chapter 16 (§ 22.1-319 et seq.) of Title 22.1 of the Code of Virginia upon receiving from the school administrator of such a school (i) a recommendation for such extension and (ii) satisfactory performance evaluations for such teacher for each year of the original three-year provisional license. If a teacher employed in the Commonwealth under a provisional license is activated or deployed for military service within a school year (July 1 through June 30), an additional year shall be added to the teacher's provisional license for each school year or portion thereof during which the teacher is activated or deployed. The additional year shall be granted the year following the return of the teacher from deployment or activation.

The Virginia Board of Education shall issue a license to an individual seeking initial licensure who has not completed professional assessments as prescribed by the board if such individual (i) holds a provisional license that will expire within three months; (ii) is employed by a school board; (iii) is recommended for licensure by the division superintendent; (iv) has attempted, unsuccessfully, to obtain a qualifying score on the professional assessments as prescribed by the Virginia Board of Education; (v) has received an evaluation rating of proficient or above on the performance standards for each year of the provisional license, and such evaluation was conducted in a manner consistent with the Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers, Principals, and Superintendents; and (vi) meets all other requirements for initial licensure.

2. Collegiate Professional License. The Collegiate Professional License is a 10-year, renewable license available to an individual who has satisfied all requirements for licensure, including an earned baccalaureate degree from a regionally an accredited college or university institution and the professional teacher's assessments prescribed by the Virginia Board of Education.

3. Postgraduate Professional License. The Postgraduate Professional License is a 10-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 an accredited college or university institution.

4. Technical Professional License. The Technical Professional License is a 10-year, renewable license available to a person who has graduated from a public or an accredited nonpublic high school or possesses a Virginia Board of Education-approved high school equivalency credential; has exhibited academic proficiency, skills in literacy and communication, technical competency, and successful occupational experience; has completed nine semester hours of specialized professional studies credit from a regionally an accredited college or university institution; 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 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. Individuals who seek a Technical Professional License may substitute the successful completion of an intensive, job-embedded, three-year program of professional development submitted by a Virginia employing educational agency and preapproved by the Department of Education for the nine semester hours of professional studies required. The Technical Professional License is issued at the recommendation of 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 shall have the appropriate credentials issued by the United States military. Individuals holding a Technical Professional License may teach a military science leadership class with either the appropriate credentials issued by the United States military or (for non-Junior Reserve Officers' Training Corps) a recommendation from a Virginia employing educational agency. The employing Virginia educational agency 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 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 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 shall meet the requirements of the respective licenses.

5. School Manager License. The School Manager License is a 10-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. 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 an accredited college or university institution, 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 10-year, renewable license available to an individual who has earned an appropriate graduate degree from a regionally an accredited college or university institution 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 10-year, renewable license available to an individual who has completed an earned master's degree from a regionally an accredited college or university institution and meets the requirements specified in 8VAC20-23-630. The individual's name 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 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 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 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 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 the educator's 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 would enable the educator to fulfill a similar assignment in the educator's 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 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 10-year, renewable license 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 10-year, renewable license valid only for teaching online courses. Teachers who hold a five-year or 10-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. In order to be issued an Online Teacher License, the individual shall meet the requirements for an endorsement in a content (teaching) area and professional studies and achieve qualifying scores on professional teacher's assessments as prescribed by the Virginia Board of Education. In addition, the individual shall complete a three-semester-hour course in online instructional procedures.

Online instructional procedures: 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 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, 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 student's needs; and employ innovative teaching strategies in an online environment. Demonstrated proficiency of advanced skills in the following 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 10-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 an accredited college or university institution.

(2) Online Teacher (Collegiate Professional) License - a 10-year, renewable teaching license available to an individual who has satisfied all requirements for licensure, including an earned baccalaureate degree from a regionally an accredited college or university institution, 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 10-year, renewable teaching license available to an individual who has graduated from a public or an accredited nonpublic high school or possesses a 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 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 three years. The individual shall have a minimum of an earned baccalaureate degree from a regionally an accredited college or university institution, with the exception of those individuals seeking the Technical Professional License. Individuals 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 an 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 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 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 the individual 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.

11. Career and Technical Education License. The Career and Technical Education License is a three-year license.

a. This license is available to qualified individuals to teach, either full time or part time, high school career and technical education courses in specific subject areas.

b. The three-year license is issued to teach high school career and technical education courses in a specific subject area to an individual who:

(1) Submits an application to the Virginia Board of Education, in the form prescribed by the Virginia Board of Education, that includes a recommendation for such a license from the local school board;

(2) Meets certain basic conditions for licensure as prescribed by the Virginia Board of Education;

(3) Meets one of the following requirements:

(a) Holds, at a minimum, a baccalaureate degree from a regionally an accredited institution of higher education and has completed coursework in the career and technical education subject area in which the individual seeks to teach,;

(b) Holds the required professional license in the specific career and technical education subject area in which the individual seeks to teach, where applicable,; or

(c) Holds an industry certification credential, as that term is defined in § 22.1-298.1 of the Code of Virginia, in the specific career and technical education subject area in which the individual seeks to teach;

(4) Has at least four years of full-time work experience or its equivalent in the specific career and technical education subject area in which the individual seeks to teach; and

(5) If appropriate, has obtained qualifying scores on the communication and literacy professional teacher's assessment prescribed by the Virginia Board of Education.

c. The employing school board shall assign a mentor to supervise an individual issued a three-year license pursuant to this section during the individual's first two years of teaching.

d. Except as otherwise provided in subdivision A 11 e of this section, any individual issued a three-year license pursuant to this section may be granted subsequent three-year extensions of such license by the Virginia Board of Education upon recommendation of the local school board.

e. Any individual issued a three-year license pursuant to this section who completes (i) nine semester hours of specialized professional studies credit from a regionally an accredited institution of higher education or (ii) an alternative course of professional studies proposed by the local school board and approved by the Virginia Department of Education shall be granted a three-year extension of such license by the board and may be granted subsequent three-year extensions of such license by the board upon recommendation of the local school board. Any such specialized professional studies credit or alternative course of professional studies may be completed through distance learning programs and shall include human growth and development; curriculum, instructional, and technology procedures; and classroom and behavior management.

f. No three-year license issued by the board pursuant to this section shall be deemed a provisional license or a renewable license, as those terms are defined in § 22.1-298.1 of the Code of Virginia.

g. Individuals issued a three-year license pursuant to this section shall not be eligible for continuing contract status while teaching under such license and shall be subject to the probationary terms of employment specified in § 22.1-303 of the Code of Virginia.

h. The provisions of this section and of Virginia Board of Education regulations governing the denial, suspension, cancellation, revocation, and reinstatement of licensure shall apply to three-year licenses.

12. One-Year High School License. The One-Year High School License is for individuals seeking licensure through an alternate route. The license is a renewable, one-year license issued to teach in public high schools for individuals who:

a. Received a graduate degree from a regionally an accredited institution of higher education;

b. Completed at least 30 credit hours of teaching experience as an instructor at a regionally an accredited institution of higher education;

c. Received qualifying scores on the professional teacher's assessments prescribed by the Virginia Board of Education, including the communication and literacy assessment and the content-area assessment for the endorsement sought; and

d. Met the following requirements:

(1) Complete study in child abuse recognition and intervention in accordance with curriculum guidelines developed by the Virginia Board of Education in consultation with the Department of Social Services that are relevant to the specific teacher licensure route; and

(2) 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 (i) 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 and (ii) include hands-on practice of the skills necessary to perform cardiopulmonary resuscitation. 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.

The license may be renewed for one year by the submission of an application for renewal and verification from the division superintendent that the individual received a satisfactory performance evaluation.

13. Career and Technical Education or Dual Enrollment License. The Career and Technical Education or Dual Enrollment License is a three-year license to solely teach career and technical education courses or dual enrollment courses at public high schools in the Commonwealth issued to any individual who (i) is employed as an instructor by an institution of higher education that is accredited by a nationally recognized regional accreditation body, (ii) is teaching in the specific career and technical education or dual enrollment subject area at such institution in which the individual seeks to teach at a public school, and (iii) complies with the requirements set forth in subdivisions D 1 and D 3 of § 22.1-298.1 of the Code of Virginia. The Virginia Board of Education shall require any such instructor to maintain continuous employment in such position at the institution of higher education as a condition of continued licensure. Subsections E and F of 8VAC20-23-40 shall expire on July 1, 2021,; however, any license issued pursuant to this chapter prior to July 1, 2021, shall remain in effect for three years from the date the license was issued unless such license is revoked by the Virginia Board of Education.

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.

8VAC20-23-90. Alternate routes to licensure.

A. Career switcher alternate route to licensure for career 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 shall meet the following prerequisite requirements:

a. An application process;

b. An earned baccalaureate degree from a regionally an accredited college or university institution;

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

d. At least 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 professionals shall be completed by the candidate.

3. The Level I requirements 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 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 human development and learning; curriculum and instruction, including technology; language and literacy; specific course content relating to the Virginia Standards of Learning; foundations of education and the teaching profession; classroom and behavior management; 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 shall be assigned to assist the candidate during the first year of employment. Responsibilities of the mentor include 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 agency, the candidate will be eligible to apply for a 10-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 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 agency, the candidate will be eligible to receive a 10-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 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 also 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 a validity period not to exceed three years. The Provisional License is a nonrenewable teaching license valid for a period not to exceed three years. Individuals shall complete all licensure requirements to become eligible for the 10-year, renewable license.

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

a. Entered the teaching field through the alternate route to licensure upon the recommendation of the employing Virginia educational agency. For the Online Teacher Provisional License, individuals 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 an accredited college or university institution 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 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 shall include training such as seminar, internship, or coursework 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 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 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 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 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 school in Virginia who does not hold the appropriate special education endorsement. The Provisional (Special Education) License will be issued 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 shall:

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

2. Have earned a baccalaureate degree from a regionally an accredited college or university institution;

3. Have an assigned mentor with an active Virginia teaching license with an endorsement in special education; and

4. Have a planned program of study in the assigned endorsement area, make progress toward meeting the endorsement requirements each of the three years of the license, and have completed 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.

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 shall meet the following criteria to be eligible to request that experiential learning satisfy the coursework for the endorsement (teaching) content area:

1. Have earned a baccalaureate degree from a regionally an accredited college or university institution;

2. Have at least 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 preK-3 and preK-6 endorsements or endorsements in for which there is no Virginia Board of Education - prescribed 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 an accredited four-year college or university institution or (ii) holds a valid out-of-state teaching license (full credential without deficiencies) that 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 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 this chapter, professional teacher's assessment requirements prescribed by the Virginia Board of Education 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. Licensure by reciprocity is provided for any spouse of an active duty or reserve member of the Armed Forces of the United States or a member of the Virginia National Guard who has obtained a valid out-of-state license, with full credentials and without deficiencies, that is in force at the time the application for a Virginia license is received by the Virginia Department of Education. Each such individual shall establish a file in the Virginia Department of Education by submitting a complete application packet, which shall include official student transcripts and an official copy of the military permanent assignment orders of the individual's spouse. No service requirements or licensing assessments shall be required for any such individual. The Virginia Department of Education shall determine and communicate such individual's eligibility for licensure by reciprocity within 15 business days of receipt of the complete application packet.

D. Licensure by reciprocity is provided for individuals who have obtained a valid out-of-state license, with full credentials and without deficiencies, that is in force at the time the application for a Virginia license is received by the Virginia Department of Education. Each such individual shall establish a file in the Virginia Department of Education by submitting a complete application packet, which shall include official student transcripts. No service requirements or licensing assessments shall be required for any such individual.

E. For licensure by reciprocity, applicants may submit third-party employment verification forms.

F. For licensure by reciprocity, the board shall grant special consideration to individuals who have successfully completed a program offered by a provider that is accredited by the Council for the Accreditation of Educator Preparation.

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 270 professional development points within a 10-year validity period based on an individualized professional development plan that includes ongoing, sustained, and high-quality professional development. Individuals renewing a five-year renewable license must complete 180 professional development points. 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 seeking renewal shall submit a completed licensure application at the time a renewal request is submitted.

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.

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 (i) 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, and (ii) include hands-on practice of the skills necessary to perform cardiopulmonary resuscitation. 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.

E. Every person seeking renewal of a license with an endorsement as a school counselor shall complete training in the recognition of mental health disorder and behavioral distress, including depression, trauma, violence, youth suicide, and substance abuse.

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. 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.

H. Every person seeking renewal of a license with an endorsement in history and social science shall complete instruction in African American history, which shall include (i) an understanding of African origins; (ii) the African diaspora; (iii) developments of the Black experience in North America; (iv) the institution of slavery in the United States, including historical perspectives of the enslaved; and (v) how African Americans helped shape and have been shaped by American society.

I. Every person seeking renewal of a license as a teacher shall complete training in the instruction of students with disabilities that includes (i) differentiating instruction for students depending on their needs; (ii) understanding the role of general education teachers on the individualized education program team; (iii) implementing effective models of collaborative instruction, including co-teaching; and (iv) understanding the goals and benefits of inclusive education for all students.

J. When provided by the state, individuals shall complete other professional development activities prescribed by the Virginia Board of Education.

K. 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, in accordance with Virginia Board of Education guidelines set forth in the Virginia Licensure Renewal Manual.

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 institution. College coursework 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. 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 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 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.

5. Publication of book. Books shall be published for purchase and 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 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; and 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 the person's 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 10-year renewal cycle.

7. Educational project. Educational projects shall be planned, focused projects based on high standards of teaching and learning. Projects shall result in a written report or other tangible product. Projects 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 shall focus on student learning and achievement, schoolwide educational improvement, leadership, subject content, teaching strategies, and use of technologies or other essential elements in teaching to high standards. Activities 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.

L. The 270 points may be accrued by activities drawn from one or more of the eight renewal options. Individuals renewing a five-year renewable license must complete 180 professional development points as prescribed by the Virginia Board of Education. 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 the field and to respond to new curricular demands within the individual's area of professional competence.

M. The proposed work toward renewal in certain options 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 their a license by submitting to the Office of Professional Licensure, Virginia Department of Education, a renewal application, fee, the individualized renewal record, and verification of the completion of all renewal requirements, including official student transcripts of coursework taken at a regionally an accredited two-year or four-year college or university institution.

N. Virginia school divisions and accredited nonpublic schools shall recommend renewal of licenses using the renewal point system.

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 an accredited college or university institution in the liberal arts or sciences, or equivalent; professional teacher's assessments requirement prescribed by the Virginia Board of Education; specific endorsement requirements; and professional studies requirements.

8VAC20-23-140. Early childhood for three-year-olds and four-year-olds (add-on endorsement).

Endorsement requirements. The candidate shall have:

1. An earned baccalaureate degree from a regionally an accredited college or university institution and hold a license issued by the Virginia Board of Education with an endorsement in elementary education, such as preK-3 or 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 (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 (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 an accredited college or university institution in the liberal arts or sciences, or equivalent, and completed coursework that covers the early/primary education preK-3 competencies and meets the following semester-hour requirements:

a. English (shall include composition, oral communication, and literature): 12 semester hours; or complete 6 six semester hours in English and pass a rigorous elementary subject test prescribed by the Virginia Board of Education;

b. Mathematics (shall include algebra Algebra, geometry, probability and statistics, and methods in teaching elementary mathematics): 12 semester hours; or complete 6 six semester hours in mathematics, complete a methods in teaching elementary mathematics course (3 three 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 six semester hours in laboratory science (in two science disciplines), complete a methods in teaching elementary science course (3 three semester hours), and pass a rigorous elementary subject test prescribed by the Virginia Board of Education;

d. History (shall include American history and world history): 6 six semester hours, and Social Science (shall include geography and economics): 6 six semester hours; or complete 3 three semester hours in history, complete 3 three semester hours in social science (geography or economics), complete a methods in teaching elementary history and social sciences course (3 three semester hours), and pass a rigorous elementary subject test prescribed by the Virginia Board of Education; and

e. Arts: 3 three 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 shall have earned a baccalaureate degree from a regionally an accredited college or university institution majoring in the liberal arts or sciences (or equivalent) and meet the following semester-hour requirements:

a. English (shall include composition, oral communication, and literature): 12 semester hours; or complete 6 six semester hours in English and pass a rigorous elementary subject test prescribed by the Virginia Board of Education;

b. Mathematics (shall include algebra Algebra, geometry, probability and statistics, and teaching elementary mathematics): 15 semester hours; or complete 6 six hours in mathematics, complete a methods in teaching elementary mathematics course (3 three semester hours), and pass a rigorous elementary subject test prescribed by the Virginia Board of Education;

c. Laboratory sciences: 15 semester hours in at least three science disciplines and at least a three credit science methods course; or complete 9 nine semester hours (in two science disciplines), complete a methods in teaching elementary science course (3 three semester hours), and pass a rigorous elementary subject test prescribed by the Virginia Board of Education;

d. History (shall include American history and world history): 6 six semester hours, and Social Science (shall include geography and economics): 6 six semester hours; or complete 3 three semester hours in history, complete 3 three semester hours in social science (geography or economics), complete a methods in teaching elementary history and social sciences course (3 three semester hours), and pass a rigorous elementary subject test prescribed by the Virginia Board of Education; and

e. Arts: 3 three semester hours.

8VAC20-23-170. Middle education 6-8.

Endorsement requirements.

1. The candidate 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 shall have earned a baccalaureate degree from a regionally an accredited college or university institution in the liberal arts or sciences, or equivalent; and completed the minimum number of semester hours, as indicated, in at least one area of academic preparation (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 (shall include coursework in language, 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 (shall include coursework in algebra Algebra, geometry, probability and statistics, applications of mathematics, and methods of teaching mathematics to include middle school mathematics content): 24 semester hours.

c. Laboratory sciences. Laboratory sciences concentration (shall include courses in each of the following: biology, chemistry, physics, and Earth and space science; and a laboratory course is required in each of the four areas): 24 semester hours.

d. History and social sciences. History and social sciences concentration (shall include a course in American history; world history; economics; American government, including state and local government; and geography): 21 semester hours.

8VAC20-23-180. PreK-12, special education, secondary grades 6-12, and adult education endorsements.

Individuals seeking licensure with preK-12, special education, secondary grades 6-12, 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 an accredited college or university institution in the liberal arts or sciences, or equivalent; professional teacher's assessment requirements prescribed by the Virginia Board of Education; specific endorsement requirements; and professional studies requirements.

8VAC20-23-200. Adult education.

A. Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution or hold a Collegiate Professional License (requires a baccalaureate degree from a regionally an accredited college or university) institution); and

2. A minimum of 15 semester hours in adult education that 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 adults to become college and career ready, including:

(1) Curriculum development in adult basic education or Virginia Board of Education-approved high school equivalency instruction;

(2) Literacy skills for adults;

(3) Numeracy skills for adults;

(4) Reading comprehension for adult education; and

(5) Other adult basic skills instruction.

B. Individuals not holding a Collegiate Professional License or a Postgraduate Professional License 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in adult English as a second language; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 learners: 3 three semester hours;

b. English linguistics: 3 three semester hours;

c. Cross-cultural education: 3 three semester hours;

d. Modern foreign language: 6 six semester hours; and

e. Electives from the following areas: 6 six semester hours:

(1) Cross-cultural communication;

(2) Second language acquisition;

(3) General linguistics;

(4) Teaching reading to adults;

(5) Adult English learner instruction; or

(6) Adult English learner curriculum development.

8VAC20-23-220. Career and technical education – agricultural education.

A. Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in agricultural education; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution and completed 39 semester hours of coursework in agriculture, including at least 3 three semester hours in each of the areas in subdivisions 2 a through 2 f of this subsection, as well as a minimum of 9 nine semester hours in one concentration area listed in 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 three semester hours, or one year of successful, full-time or the equivalent (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 three semester hours; curriculum and instruction in career and technical education: 3 three semester hours; and applications of instructional technology or classroom and behavior management: 3 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in business and information technology; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution and completed a major in business education or 39 semester hours of coursework in business and information technology, including:

a. Accounting: 6 six semester hours;

b. Economics: 3 three semester hours;

c. Business law, business principles, management, marketing, or finance: 9 nine semester hours;

d. Communications and media to include oral, written, and presentation skills: 3 three semester hours;

e. Information systems and technology to include computer software applications, 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 three semester hours; and

g. Supervised business experience: 3 three semester hours, or one year of successful full-time or the equivalent (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 highly specialized business and information technology area, such as networking, 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 an accredited institution in the teaching specialty area sought; and

4. Completed professional studies requirements (human development and learning: 3 three semester hours; curriculum and instruction in career and technical education: 3 three semester hours; and applications of instructional technology or classroom and behavior management: 3 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in family and consumer sciences; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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: 9 nine semester hours;

b. Resource management, personal and family finance, and consumer economics: 6 six semester hours;

c. Food, nutrition, dietetics, wellness, and food science: 9 nine semester hours;

d. Housing, home furnishing, and equipment: 3 three semester hours;

e. Apparel and textiles: 6 six semester hours;

f. Occupational program management: 3 three semester hours; and

g. Supervised occupational experience related to family and consumer sciences, 3 three semester hours, or one year of successful, full-time or the equivalent (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, 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 an accredited college or university institution, where applicable in the area of endorsement sought; and

4. Completed professional studies requirements (human development and learning: 3 three semester hours; curriculum and instruction in career and technical education: 3 three semester hours; and applications of instructional technology or classroom and behavior management: 3 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved program of study 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. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 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 an accredited institution in the teaching specialty area sought; and

5. Completed professional studies requirements (human development and learning: 3 three semester hours; curriculum and instruction in career and technical education: 3 three semester hours; and applications of instructional technology or classroom and behavior management: 3 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in marketing education; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 three semester hours;

b. Management and supervision: 6 six semester hours;

c. Economics: 3 three semester hours;

d. Merchandising and operations: 3 three semester hours;

e. Advertising and promotion: 3 three semester hours;

f. Sales and selling: 3 three semester hours;

g. Communication theory and techniques: 3 three semester hours;

h. Consumer behavior: 3 three semester hours;

i. International (global) marketing: 3 three semester hours;

j. Finance, accounting, or marketing mathematics: 3 three semester hours;

k. Technology applications: 3 three semester hours; and

l. Supervised marketing occupational experience, 3 three 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 three semester hours; curriculum and instruction in career and technical education: 3 three semester hours; and applications of instructional technology or classroom and behavior management: 3 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in technology education; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 six 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 three 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 six 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 nine 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 nine semester hours; or

3. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 three 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 shall have graduated from an approved teacher preparation program with a minimum of a baccalaureate degree from a regionally an accredited college or university institution 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 shall have:

a. A current state 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 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 the individual is to be teaching, if applicable, or can demonstrate competency in the area of trade and industrial education 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 the individual is seeking endorsement. Candidates whose occupational experience has not been within the last five years 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 three semester hours; curriculum and instruction in career and technical education: 3 three semester hours; and applications of instructional technology or classroom and behavior management: 3 three semester hours).

C. Add-on endorsement requirements. A candidate 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 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 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in transition and special needs education; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution and completed a major in career and technical education or special education 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 three semester hours;

b. Instructional methods, curriculum, and resources: 3 three semester hours;

c. Career and life planning, transitioning, occupational information, and delivery of cooperative education programs: 3 three semester hours; and

d. Purposes and practices and characteristics of special populations: 3 three semester hours; and

3. Completed successful, supervised occupational experience, 3 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in computer science; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 six semester hours.

B. Add-on endorsement requirements in computer science. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 six semester hours.

8VAC20-23-310. Dance arts preK-12.

A. Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in dance arts; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution and completed a major in dance arts or 24 semester hours with coursework distributed in the following areas:

a. Development of movement language: 9 nine semester hours.

(1) A course in each area of ballet, folk, jazz, and modern dance: 6 six semester hours; and

(2) Area of concentration in one area of ballet, folk, jazz, or modern dance beyond the entry level: 3 three semester hours;

b. Composition, improvisation, and dance arts production, which may include stage lighting, stage costuming, or stage makeup: 3 three semester hours;

c. Scientific foundations, including human anatomy, kinesiology, and injury prevention and care for dance arts: 9 nine semester hours; and

d. Cultural understanding, including cultural context and dance history: 3 three semester hours.

B. Add-on endorsement requirements in dance arts. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 nine semester hours.

(1) A course in each area of ballet, folk, jazz, and modern dance: 6 six semester hours; and

(2) Area of concentration in one area of ballet, folk, jazz, or modern dance beyond the entry level: 3 three semester hours;

b. Composition, improvisation, and dance arts production, which may include stage lighting, stage costuming, or stage makeup: 3 three semester hours; and

c. Cultural understanding, including cultural context and dance history: 3 three semester hours.

8VAC20-23-320. Driver education (add-on endorsement).

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution 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. Earned a baccalaureate degree from a regionally an accredited college or university institution and hold a license issued by the Virginia Board of Education with a teaching endorsement in a teaching area; and completed 6 six semester hours of coursework distributed in the following areas:

a. Driver Task Analysis, including instructional strategies as prescribed in the Curriculum and Administrative Guide for Driver Education in Virginia (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 three 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 two hours of basic evasive maneuvers; and a minimum of 14 hours of mentorship with a licensed, endorsed driver education teacher: 3 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in engineering;

2. Earned a baccalaureate degree from a regionally an accredited college or university institution and completed a major in engineering or an engineering subspecialty in an Accreditation Board for Engineering and Technology (ABET)-accredited college or university program;

3. Earned a baccalaureate degree from a regionally an accredited college or university institution 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. Earned a baccalaureate degree from a regionally an accredited college or university institution 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. Earned a baccalaureate degree from a regionally an accredited college or university institution and hold a professional engineer's (P.E.) license.

8VAC20-23-340. English.

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in English; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 shall include:

(1) Survey of British literature;

(2) Survey of American literature;

(3) World literature; and

(4) Literary theory and criticism.

b. Language: 3 three 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 three 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 subdivision 2: 6 six semester hours.

8VAC20-23-350. English as a second language preK-12.

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in English as a second language; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution and completed 24 semester hours of coursework distributed in the following areas:

a. Teaching of reading and writing. Courses shall include skills in phonemic and other phonological awareness; 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 shall address teaching reading to English language learners: 6 six semester hours;

b. English linguistics: general and English linguistics 3 three semester hours;

c. Cross-cultural education: 3 three semester hours;

d. Second language acquisition: 3 three 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 three semester hours;

f. English as a second language assessment to include assessing comprehension and communication in English: 3 three semester hours; and

g. Electives from the areas listed in this subdivision 2: 3 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in a foreign language; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 three semester hours of methods of teaching foreign languages at the elementary and secondary levels.

3. Endorsement in a second foreign language may be obtained 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 an accredited college or university institution 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 three semester hours of methods of teaching foreign languages at the elementary and secondary levels from a regionally an accredited college or university institution in the United States or obtain teacher certification in another country with at least three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in Latin; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 three 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 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 an accredited college or university institution 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 three 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 an accredited college or university institution, as explained in subdivision 1 of this subsection, 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 certification issued by the American Sign Language Teachers' Association;

(2) Hold a current, valid certification issued by the Registry of Interpreters for the Deaf; 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. A minimum of three semester hours of methods of teaching foreign languages at the elementary and secondary levels from a regionally an accredited college or university institution in the United States; and

c. A minimum of six semester hours in coursework, including grammar and syntax of American Sign Language.

8VAC20-23-370. Gifted education (add-on endorsement).

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and hold a license issued by the Virginia Board of Education with a teaching endorsement in a teaching area;

2. Earned a baccalaureate degree from a regionally an accredited college or university institution and completed an approved teacher preparation program in gifted education; or

3. Completed the following requirements:

a. Earned a baccalaureate degree from a regionally an accredited college or university institution and hold a license issued by the Virginia Board of Education with a teaching endorsement in a teaching area; and

b. Completed 12 semester hours of graduate-level coursework in gifted education distributed in the following areas:

(1) Introduction and identification of giftedness: 3 three semester hours;

(2) Social and emotional development and guidance of gifted learners: 3 three semester hours;

(3) Curriculum and instructional strategies for gifted learners: 3 three semester hours; and

(4) Advanced course work in one of the following areas: 3 three semester hours:

(a) Advanced curriculum, instruction, and assessment design;

(b) Advanced program development and evaluation; or

(c) Advanced study in underrepresented populations; and

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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in health and physical education; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution and completed a major in health and physical education or 45 semester hours of coursework distributed in the following areas:

a. Personal health, safety, and care of athletic injuries: 3 three semester hours;

b. Human anatomy, physiology, exercise physiology, and biomechanics of human movement: 9 nine semester hours;

c. General health and physical education theory, including curriculum design and development in health and physical education: 3 three semester hours;

d. Instructional methods and skills for secondary physical education: 3 three semester hours;

e. Concepts of motor learning, instructional methods, and skills for elementary physical education: 3 three semester hours;

f. Instruction methods for elementary and secondary school health: 3 three semester hours;

g. Health and physical education electives: 9 nine semester hours;

h. Instructional methods and strategies for adapted physical education: 3 three semester hours;

i. Technology in health and physical education: 3 three semester hours;

j. Principles of human nutrition: 3 three semester hours; and

k. Assessment and evaluation in the content area: 3 three semester hours.

8VAC20-23-390. History and social sciences.

A. Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in history and social sciences; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 (shall include coursework in American history, Virginia history, and world history and may include African American history);

b. Political science: a major in political science or 18 semester hours in political science, which shall include coursework in American government (state and local government);

c. Geography: nine semester hours; and

d. Economics: six semester hours.

All candidates shall have also completed instruction in African American history, either as part of the degree program or through other department-approved alternatives, which shall include (i) an understanding of African origins; (ii) the African diaspora; (iii) developments of the Black experience in North America; (iv) the institution of slavery in the United States, including historical perspectives of the enslaved; and (v) how African Americans helped shape and have been shaped by American society.

B. Add-on endorsement requirements in history, political science, geography, and economics. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and hold a teaching license with an endorsement in history, political science, geography, or economics;

2. Completed 21 semester hours of coursework in the additional social science area - history, political science, geography, or economics for which the add-on endorsement is sought; and

3. Completed instruction in African American history, either as part of the degree program or through other department-approved alternatives, which shall include (i) an understanding of African origins; (ii) the African diaspora; (iii) developments of the Black experience in North America; (iv) the institution of slavery in the United States, including historical perspectives of the enslaved; and (v) how African Americans helped shape and have been shaped by American society.

8VAC20-23-400. Journalism (add-on endorsement).

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and hold a license issued by the Virginia Board of Education with a teaching endorsement in a teaching area; and

2. Completed 6 six 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 shall include document formatting skills, word processing, and computer applications.

8VAC20-23-420. Library media preK-12.

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved preparation program in school library media; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 three 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 six 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 six 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 three 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 six semester hours.

3. Supervised school library media practicum. Experiences shall include clinical experience to give the applicant an opportunity to apply the skills, 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in mathematics; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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;

g. Mathematical modeling; and

h. Computer science, including two programming languages.

8VAC20-23-440. Mathematics – algebra I (add-on endorsement).

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in music education - instrumental; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 six semester hours.

8VAC20-23-460. Music education – vocal/choral preK-12.

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in music education - vocal/choral; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 six semester hours.

8VAC20-23-470. Science – biology.

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in biology;

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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, zoology, anatomy/physiology, and evolutionary biology or ecology.

8VAC20-23-480. Science – chemistry.

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in chemistry;

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in Earth science;

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 science.

8VAC20-23-500. Science – physics.

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in physics;

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved program in special education - adapted curriculum; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 three 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 three 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 three 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 three 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 three 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 other health impairments as an additional disability to those referenced above in this section.

(2) Individualized education program (IEP) implementation: 3 three 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 three 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 three 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 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in special education visual impairments preK-12; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 three 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 three 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 three 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 three 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, 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 three 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 three 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 three 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 three 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 three 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 three semester hours. Skills in this area include:

(1) 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 an accredited college or university institution 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 three 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 three 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 modalities or languages, and who may have additional disabilities.

c. Assessment and evaluation: 3 three 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 three 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 three 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 three 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 three 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 three 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 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in early childhood special education; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 three 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 three semester hours;

c. Curriculum and instructional programming for preschool: 3 three semester hours;

d. Speech and language development and intervention: 3 three semester hours;

e. Medical aspects: 3 semester hours;

f. Social and emotional skills and behavior management for early childhood: 3 three semester hours;

g. Consultation, co-teaching, coaching, and mentoring: 3 three semester hours;

h. Family-centered intervention: 3 three semester hours; and

i. Early childhood elective: 3 three semester hours.

8VAC20-23-550. Special education – general curriculum K-12.

Endorsement requirements: The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved program in special education - general curriculum; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 three 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 three 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 three 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 three 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 three 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 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 three 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.

(3) Transitioning: 3 three 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 three 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 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and hold a license issued by the Virginia Board of Education with an endorsement in elementary education, such as early/primary education preK-3 or elementary education preK-6.

2. Completed 15 semester hours in the education of students with disabilities distributed in each of the following areas:

a. Foundations: 3 three 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 three 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 three 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 three 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 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and hold a license issued by the Virginia Board of Education with an endorsement in middle education, such as middle education grades 6-8 English, middle education grades 6-8 history and social sciences, middle education grades 6-8 mathematics, or middle education-sciences.

2. Completed 15 semester hours in the education of students with disabilities distributed in each of the following areas:

a. Foundations: 3 three 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 three 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 three 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 three 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 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution 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. Completed 15 semester hours in the education of students with disabilities distributed in each of the following areas:

a. Foundations: 3 three 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 three 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 three 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 three 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 three 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 shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and 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 speech communication.

8VAC20-23-600. Theatre arts preK-12.

A. Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in theatre arts; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution and completed a major in theatre arts or 33 semester hours distributed among the following areas:

a. Directing: 6 six semester hours;

b. Technical theatre: 9 nine semester hours;

c. Cultural context and theatre history: 3 three semester hours;

d. Performance: 6 six semester hours; and

e. Dramatic literature: 9 nine semester hours.

B. Add-on endorsement requirements in theatre arts preK-12. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 three semester hours;

b. Technical theatre: 3 three semester hours;

c. Cultural context and theatre history: 3 three semester hours; and

d. Performance: 6 six semester hours.

8VAC20-23-610. Visual arts preK-12.

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from a regionally an accredited college or university institution and graduated from an approved teacher preparation program in visual arts; or

2. Earned a baccalaureate degree from a regionally an accredited college or university institution 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 six semester hours;

d. Evaluation and criticism and aesthetics: 3 three semester hours; and

e. Related areas of the fine arts: 3 three semester hours.

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 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 shall be 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 shall have:

1. Earned a master's degree from a regionally an accredited college or university institution;

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 an accredited college or university institution;

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, 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 shall have:

1. Earned a master's degree from a regionally an accredited college or university institution;

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 shall be taken from a regionally an accredited college or university institution 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 shall have:

1. Earned a master's degree from a regionally an accredited college or university institution;

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 shall be taken from a regionally an accredited college or university institution that has a state-approved administration and supervision program, or the candidate 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 shall have:

1. Earned a master's degree from a regionally an accredited college or university institution;

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, (with full credential), with an endorsement in administration and supervision or completed an approved program in administration and supervision from a regionally an accredited college or university institution 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 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 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 shall have:

a. Earned a doctorate degree in educational administration or educational leadership from a regionally an accredited college or university institution; and

b. Completed five years of educational experience in a public or an accredited nonpublic school, two years of which shall be successful, full-time teaching experience at the preK-12 level and two years of which shall be in administration and supervision at the preK-12 level.

2. Option II. The individual shall have:

a. Earned a master's degree from a regionally an accredited college or university institution and successfully completed 30 graduate semester hours beyond the conferral date of the master's degree;

b. 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) Understanding 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) Practicing 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) Recognizing 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) Integrating 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) Ability to identify and respond to internal and external forces and influences on a school;

(c) Ability to identify and apply the processes of educational policy development at the state, local, and school level; and

(d) Ability to identify and demonstrate ways to influence educational policy development at the state, local, and school level; and

c. Completed five years of successful educational experience in a public or an accredited nonpublic school, two years of which must be full-time teaching experience at the preK-12 level and two years of which must be in administration and supervision.

3. Option III. The individual shall have:

a. Earned a master's degree from a regionally an accredited college or university institution;

b. A current, valid out-of-state license with an endorsement as a division or district superintendent; and

c. Completed five years of successful educational experience in a public or an accredited nonpublic school, two years of which must be full-time teaching experience at the preK-12 level and two years of which must be in administration and supervision.

4. Option IV. The individual shall have:

a. Earned a master's degree or its equivalent from a regionally an accredited college or university institution;

b. 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 shall have:

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

2. Either:

a. Graduated from a graduate-level approved mathematics specialist elementary education preparation program - master's degree from a regionally an accredited college or university institution required; or

b. Completed a graduate-level program in mathematics, mathematics education, or related education field - master's degree from a regionally an accredited college or university institution 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 shall have:

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;

2. A Virginia license with a Mathematics – algebra I (add-on) or mathematics (secondary) teaching endorsement (grades 6-12); and

3. Either:

a. Graduated from a graduate-level approved mathematics specialist elementary and middle education preparation program - master's degree from a regionally an accredited college or university institution required; or

b. Completed a graduate-level program in mathematics, mathematics education, or related education field - master's degree from a regionally an accredited college or university institution 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 shall have:

1. Graduated from a state-approved graduate-level reading specialist preparation program - master's degree from a regionally an accredited college or university institution 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 shall have:

a. Earned a master's degree from a regionally an accredited college or university institution 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 shall have:

a. Earned a master's degree from a regionally an accredited college or university institution and completed an approved school counselor preparation program that shall include at least 100 clock hours of internship and practicum experiences in the grades 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 shall:

1. Have earned a baccalaureate degree from a regionally an accredited college or university institution;

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 shall:

a. Complete an approved program in school psychology;

b. Earn a baccalaureate degree from a regionally an accredited college or university institution 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 a public or accredited nonpublic school setting.

2. Option II. The candidate shall hold a currently valid certificate issued by the National School Psychology Certification Board.

8VAC20-23-700. School social worker.

Endorsement requirements. The candidate shall have:

1. Earned a master's of social work degree from a regionally an accredited college or university institution with a minimum of 60 graduate-level semester hours; or earned an advanced standing master's of social work degree from a regionally an accredited college or university institution 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. Foundations of education and the teaching profession (3 three 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).

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 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 shall have earned a master's degree in vocational evaluation, career and technical education, special education, or rehabilitation counseling from a regionally an accredited college or university institution and completed 15 graduate semester hours distributed in the following areas:

a. Tests and measurements: 3 three semester hours;

b. Medical and educational aspects of disability: 3 three semester hours;

c. Occupational information and job analysis: 3 three semester hours;

d. Purposes and practices of vocational evaluation: 3 three semester hours; and

e. Career, life planning, and transition services: 3 three semester hours.

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 an accrediting agency recognized by the United States U.S. Department of Education.

"Accredited program" means a Virginia professional education program nationally accredited by the Council for the Accreditation of Educator Preparation (CAEP).

"Accrediting agency" means an accrediting association recognized by the U.S. Department of Education.

"Annual professional education program profile" means the Virginia Department of Education yearly data 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" or "education preparation 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, and for purposes of this chapter, includes four-year bachelor's degree programs in teacher education.

"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 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.

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 an accrediting agency.

B. Professional education programs in Virginia shall obtain and maintain national accreditation from the Council for the Accreditation of Educator Preparation (CAEP). 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 may complete academic degrees in the arts and sciences, or equivalent. "Education preparation program" includes four-year bachelor's degree programs in teacher 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 an approved program.

F. Professional education programs shall ensure that, as a condition of degree completion, each student enrolled in the education preparation program receives instruction on positive behavior interventions and supports; crisis prevention and de-escalation; the use of physical restraint and seclusion, consistent with the regulations of the State Board of Education; and appropriate alternative methods to reduce and prevent the need for the use of physical restraint and seclusion; 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. Each education preparation program graduate in a K-12 general education endorsement area is required to demonstrate proficiency in (i) differentiating instruction for students depending on their needs; (ii) understanding the role of general education teachers on the individualized education program team; (iii) implementing effective models of collaborative instruction, including co-teaching; and (iv) understanding the goals and benefits of inclusive education for all students.

H. 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 State Board of Education for one of the following three ratings: "approved," "approved with stipulations," or "approval denied."

I. 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.

J. The Department of Education will determine the timeline and procedures for applying for education endorsement program approval.

K. 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.

L. 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 professional education program profile to include data prescribed by the State Board of Education on education endorsement programs in accordance with department procedures and timelines.

M. The professional education program authorized administrator shall maintain copies of approved education endorsement programs and required reports.

N. The Department of Education may conduct onsite visits to review education endorsement programs and verify data.

O. The Advisory Board on Teacher Education and Licensure (ABTEL) is authorized to review and make recommendations to the State 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.

P. 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.

Q. 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.

R. Upon the effective date of this chapter As of August 23, 2018, the State 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 as of August 23, 2018, are accredited by the State 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.

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 professional education program profile.

The accredited professional education program shall submit to the Virginia Department of Education a yearly program profile on the preparation of professional school personnel. The professional education program profile shall be published on the department's website. The information required on the professional education program profile shall be approved by the State Board of Education and shall include the following:

1. Institution's accreditation status;

2. Education endorsement program status;

3. Number of candidates admitted in education endorsement programs;

4. Comparison of candidates, admitted to education endorsement programs to overall college or university population;

5. Number of program completers for each endorsement program;

6. Number of program noncompleters for each endorsement program;

7. Biennial accountability data results;

8. Satisfaction ratings by school administrators and clinical experience supervisors of student teachers;

9. Satisfaction ratings by employers of program graduates;

10. Satisfaction ratings of program graduates within two years of employment;

11. Recognition of other program achievements; and

12. Other data as required by the State Board of Education.

8VAC20-543-80. Competencies and requirements for professional education programs.

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 (8VAC20-23). The Licensure Regulations for School Personnel set forth the required degrees from regionally an accredited colleges or universities institution for licenses, endorsements, and prerequisite licenses or endorsements for add-on endorsements.

B. All educator preparation programs must ensure that graduates of candidates in general education teacher preparation programs for kindergarten through 12th grade demonstrate proficiency in (i) differentiating instruction for students depending on their needs; (ii) understanding the role of general education teachers on the individualized education program team; (iii) implementing effective models of collaborative instruction, including co-teaching; and (iv) understanding the goals and benefits of inclusive education for all students.

C. 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.

D. 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.

E. 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.

F. Candidates seeking an early/primary education preK-3 or an elementary education preK-6 endorsement must complete a minimum of 12 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 State Board of Education.

G. Candidates seeking a middle education endorsement must have an area of concentration in English, history and social sciences, mathematics, or science with 21 semester hours in the concentration area.

H. Candidates seeking an endorsement in history and social sciences must complete instruction in African American history, which shall include (i) an understanding of African origins; (ii) the African diaspora; (iii) developments of the Black experience in North America; (iv) the institution of slavery in the United States, including historical perspectives of the enslaved; and (v) how African Americans helped shape and have been shaped by American society.

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 years, 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 an accredited college or university institution 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, 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. 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. Examining factors in home, school, and community that impact students' educational performance and success; and

b. 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, 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 an accredited college or university institution 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 an accredited college or university institution 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. Foundations of education and the teaching profession (3 three semester hours);

b. Characteristics of special education (three semester hours);

c. Human development and learning (three semester hours); or

d. Classroom and behavior management (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. 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.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Proposed Regulation

Titles of Regulations: 8VAC20-820. General Procedures and Information for Licensure (repealing 8VAC20-820-10 through 8VAC20-820-500).

8VAC20-821. General Procedures for the Licensure of Child Day Programs and Family Day Systems (adding 8VAC20-821-10 through 8VAC20-821-330).

Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: November 8, 2024.

Agency Contact: Tatanishia Armstrong, Legislative Consultant, Department of Education, James Monroe Building, 16th Floor, 101 North 14th Street, Richmond, VA 23219, telephone (804) 382-5047, or email tatanishia.armstrong@doe.virginia.gov.

Basis: The State Board of Education's overall regulatory authority is found in § 22.1-16 of the Code of Virginia. The board's regulatory authority over child day programs and family day systems is found in § 22.1-289.046 of the Code of Virginia.

Purpose: The board has determined that a comprehensive revision of this regulation is necessary in order to implement statutory requirements, clarify existing regulatory requirements, and update practices and procedures. A comprehensive review of the regulation will provide clear, understandable, and updated requirements for licensees and ensure the sufficiency of care provided to children and adults receiving services. This regulatory action is essential to protecting the health, safety, and welfare of citizens because the licensing population subject to the chapter is involved in the care, supervision, and education of young children. State policy requires a licensing scheme that imposes minimum qualifications upon child care provider to ensure the safety of children. The Commonwealth is best served when the regulations governing licensure are organized and succinct and when licensees clearly understand the standards to which they are held. This regulatory action is designed to solve the problems of lack of clarity and lack of organization, as well as inefficiencies in enforcement processes.

Substance: The major goal of this regulatory action is to improve clarity by using more direct language; removing nonregulatory, informational text; and leverage organization to provide clarity. As a result, significant amounts of text have been removed and the entire chapter has been restructured. The primary objective of the new organization is to provide clear directions related to each "phase" of the licensing cycle so that a licensee can find requirements easily. Part I provides definitions necessary to understand the language of the chapter. Part II focuses on the process for initial licensure or changing an initial license (i.e., through license modifications or variances). Part II also clearly states all requirements for initial licensure in a single section (8VAC20-821-40), as well as expectations for the license process. Part III provides the standards for renewal. Part IV integrates the fee structure into the General Procedures. Fees are currently stated in a separate chapter. Part V integrates the background check process into the General Procedures. Background checks are also currently regulated in a separate chapter. Part VI sets out standards of conduct for licensees. The proposed 8VAC20-821-270 is designed to increase the enforcement capacity of the agency by setting clear expectations with respect to the conduct of licensees. Part VII offers a new approach to what are currently called problem-solving conferences, which is a regulatory process designed to facilitate communication regarding disagreements on agency application of regulations and statutes. The proposed 8VAC20-821-280 consolidates the first-step and second-step reviews into a single review process. Although not outlined in the regulatory text, the agency intends to implement the regulation in a manner that allows for greater oversight and consistency across licensing regions. In implementing the proposed regulation, when an applicant initiates the review process, the request will be sent to the licensing administrator in a different region for review and a determination made in conjunction with the central office. Part VIII addresses sanctions, including administrative sanctions, revocation, summary suspension, and consent agreements. In most cases, the agency is deferring to the statutory structure. The proposed 8VAC20-821-320 states that consent agreements are not restricted to instances where the agency intends to revoke or deny a license. Part IX provides licensees notice of the statutory rights of appeals. This section has significantly reduced procedures related to administrative hearings. The agency has no basic law requiring administrative hearings other than when the agency pursues a summary suspension, and this is an exceedingly rare case. The agency has found that, should an administrative hearing be warranted or required, the procedures for the hearing will be communicated to the licensee in consultation with the Office of the Attorney General and in accordance with applicable laws.

Issues: The primary advantage of this regulatory change to the public, the agency, the Commonwealth, and the regulated community is that the General Procedures will be easier to read, better organized, clearer with respect to responsibilities, and more comprehensive in scope due to the consolidation of three chapters into a single chapter. There are no disadvantages to the public, the agency, the Commonwealth, or the regulated community.

Department of Planning and Budget's Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The State Board of Education (board) proposes to repeal 8VAC20-820 and establish 8VAC20-821.²

Background. Among the differences between 8VAC20-821 and 8VAC20-820 are changes pertaining to early compliance, enforcement processes, license length, and background checks.

Early Compliance: In addition to a regular license, the Department of Education (DOE) may also issue conditional and provisional licenses. Under both the current and proposed regulations, DOE may issue a conditional license to a new facility or agency in order to permit the applicant to demonstrate compliance with specified standards. A conditional license may be renewed, but the issuance of a conditional license and any renewals shall be for no longer a period than six successive months. When the conditional period is over, the facility or agency must substantially meet the standards or be denied a license. Under both the current and proposed regulations, when an applicant applies to renew a regular license but the applicant is temporarily unable to comply with the requirements of the regulation, DOE may issue a provisional license for any period not to exceed six months. A provisional license cannot be issued to a facility or agency immediately following a conditional license. At the conclusion of the provisional licensure period, the facility or agency must be in substantial compliance with licensing standards or be denied a license to continue operation. Under the current regulation, a conditional or provisional license may be voided and a regular license issued prior to the expiration date when (i) the facility or agency complies with all standards listed on the face of the provisional or conditional license prior to the mid-point of the licensure period or within 90 days of the expiration date of the provisional or conditional license, whichever comes first, and the facility or agency is in substantial compliance with all other standards; (ii) compliance has been verified by an on-site observation by the department's licensing representative or, when applicable, by written evidence provided by the licensee; or (ii) the licensee makes a formal written request to the licensing representative for replacement of a provisional or conditional license with a regular license. Under the proposed regulation, the conditional or provisional license may be voided and a regular license issued prior to the expiration date any time compliance is verified. Additionally, a formal written request is not required.

Enforcement Processes: When a violation has been found and the applicant or licensee disputes the violation, the applicant or licensee or licensing staff may request a problem-solving conference. Under the current regulation, there are two steps to the process. The first-step review is with the licensing administrator of the local office that oversaw the inspection. According to DOE, often times this administrator was closely involved in the decision to find the violation in dispute, which arguably undermines the value of this first step. The agency indicates that progress is rarely made at this first step. If after the first step review, the applicant or licensee still believes that "the laws, regulations, or departmental policies have been applied or interpreted in a manner that was unreasonable, arbitrary or capricious," the applicant or licensee may request a second-step review by program supervisory personnel as assigned by DOE. Under the proposed regulation, there would be a single review that occurs in coordination with the central office. The central office would receive a request for a violation review and have a licensing administrator in a different jurisdiction review the case file before communicating results with the central office. A "consent agreement" is an agreement between the licensee and DOE that the licensee will perform specific actions for the purpose of correcting violations to come into compliance with standards or statutes. Under the current regulation, consent agreements can only occur after the applicant or licensee has received a letter of denial or revocation. Under the proposed regulation, consent agreements can occur earlier, such as when a violation is first found. Under the current regulation, all applicants or licensees who are aggrieved by an agency decision, such as license denial or revocation, are granted a formal administrative hearing if requested. Specifically, 8VAC20-820-420 states that "Upon receipt of the written request from the aggrieved party for a formal administrative hearing," a hearing will be scheduled in the locality where the aggrieved party operates. This statement is not retained in the proposed regulation. Instead, 8VAC20-821-330 B just states that, "Whenever the superintendent refuses to issue a license or to renew a license or revokes a license for any child day program or family day system other than a child day program or family day system operated by an agency of the Commonwealth, the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall apply." According to DOE, under the proposed regulation, not all who are aggrieved by an agency decision, such as license denial or revocation, would be guaranteed a formal administrative hearing if requested.

License Length: The current regulation has tiered licensing terms based on whether a licensee "substantially exceeds" (three-year license term), "routinely meets and maintains compliance with minimum standards" (two-year license term), or has an "inconsistent level of compliance" (one-year license term). The proposed regulation has a standard two-year license term for all regular licensees. On a per-annum basis, there is no change in fees.

Background Checks: Currently, background check requirements are in a separate regulation, 8VAC20-770 Background Checks for Child Day Programs and Family Day Systems. The board proposes to include background check requirements in 8VAC20-821, and in a separate action proposes to repeal 8VAC20-770 in its entirety. Under 8VAC20-770, persons 14 years of age and older who reside in a home where child day programs occur must have a Department of Social Services (DSS) Central Registry³ check within 30 days of moving into the home or within 30 days of turning 14 years of age. The board proposes to maintain this requirement in 8VAC20-821, except with shortening the time within which Central Registry check must occur to seven days. The proposed 8VAC20-821 also adds that "The child day program or family day system, the department, or the registering or approving authority may require a new background check if there is reason to suspect that a person required to have a background check has a disqualifying background."

Estimated Benefits and Costs. Early Compliance: As described, under the current regulation, a conditional or provisional license can be voided and a regular license issued if the licensee demonstrates compliance only at specified times. Also, the licensee must produce a formal written request. Under the proposed regulation, a conditional or provisional license can be voided and a regular license issued any time compliance can be verified. This may result in some conditional and provisional licenses becoming regular licenses sooner. Since some potential clients may be wary of placing children in child day programs that are only conditionally or provisional licensed, such businesses may benefit from obtaining regular licensure sooner.

Enforcement Processes: DOE believes that converting the problem-solving conference from a two-step process to a single-step process would save approximately 10 to 15 hours of staff time each occurrence. Removing the first step would also save the applicant's or licensee's time on an endeavor (the first step) that has historically been unproductive. Allowing consent agreements to be made earlier can be beneficial in that it may result in earlier remedy or correction of violations that put children at risk. Similarly, according to DOE, no longer guaranteeing formal administrative hearings may enable the agency to take action as much as six to eight months sooner in cases where children can be endangered. However, it may also reduce the ability of some aggrieved parties to obtain a formal hearing.

License Length: According to DOE, the primary rationale for eliminating the tiered licensing system and moving to a standard two-year license term is that the agency prefers to enact minimum standards for licensure and the care and safety of children rather than make potentially subjective determinations about a licensee "substantially exceeding" the minimum standards. Also, the agency believes it can better account for the issuance of a one-year license to those with "inconsistent levels of compliance" through a provisional license or consent agreement.

Background Checks: As the Central Registry is the record of founded complaints of child abuse and neglect maintained by DSS, shortening from one month to one week the time within which checks of the Registry must occur for residents of a home where child day programs occur may help reduce the likelihood or time length with which child day programs are allowed to operate with a resident with a history of child abuse. Similarly, allowing new background checks if there is reason to suspect that a person required to have a background check has a disqualifying background may also help prevent or limit children's exposure to people with a history child abuse or other serious crimes at child day programs or family day systems. According to DOE, background checks are paid for with federal funds through DSS.

Businesses and Other Entities Affected. The proposed amendments potentially affect the 1,418 licensed child day centers; 1,356 licensed family day homes; and one licensed family day system in the Commonwealth.

The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁵ As noted, under the proposed regulation, applicants or licensees who are aggrieved by an agency decision, such as license denial or revocation, would no longer be guaranteed a formal administrative hearing if requested. As is also noted above, this could be substantively beneficial as it may enable the agency to take action as much as six to eight months sooner in cases where children can be endangered. From the point of view of the aggrieved applicants and licensees, though, losing the guarantee of an administrative hearing can be viewed as reduced benefit. Thus, an adverse impact is indicated.

Small Businesses⁶ Affected.⁷ Types and Estimated Number of Small Businesses Affected: DOE does not have data concerning how many of the 1,418 licensed child day centers, 1,356 licensed family day homes, and one licensed family day system qualify as small businesses, but expects most would qualify.⁸

Costs and Other Effects: The costs and other effects for small child day programs would be the same as described for all such firms.

Alternative Method that Minimizes Adverse Impact: There are no clear alternative methods that both reduce adverse impact and meet the intended policy goals.

Localities⁹ Affected.¹⁰ The proposed amendments neither disproportionately affect any particular locality, nor introduce costs for local governments.

Projected Impact on Employment. The proposed amendments do not appear to substantively affect total employment.

Effects on the Use and Value of Private Property. The proposed changes to early compliance may enable some firms to gain regular licensure sooner, which may help in attracting clients sooner. This may increase the value of such affected firms. The proposed amendments do not affect real estate development costs.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Child day program is defined as a regularly operating service arrangement for children where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of a child younger than the age of 13 years for less than a 24-hour period.

³ The Central Registry is the record of founded complaints of child abuse and neglect maintained by DSS.

⁴ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁵ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁶ Pursuant to § 2.2-4007.04, 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."

⁷ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁸ Data source: Virginia Employment Commission.

⁹ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

¹⁰ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency's Response to Economic Impact Analysis: The State Board of Education thanks the Department of Planning and Budget for its thorough economic impact analysis.

Summary:

The proposed action repeals General Procedures and Information for Licensure (8VAC20-820) and replaces it with a new chapter, General Procedures for the Licensure of Child Day Programs and Family Day Systems (8VAC20-821), which, in addition to implementing statutory requirements, clarifying existing requirements, and updating practices and procedures, also establishes requirements for initial licensure and renewal, application fees, background checks, standards of conduct, and how violations of such standards will be reviewed, sanctions levied, and appeals processed.

Chapter 821

General Procedures for the Licensure of Child Day Programs and Family Day Systems

Part I

General

8VAC20-821-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise.

"Applicant" means any person that has applied for any license to operate or maintain a child day program or family day system.

"Background check" means (i) a sworn statement or affirmation, (ii) a fingerprint-based national criminal background check, (iii) a Virginia child protective services central registry check, and (iv) a check of the child abuse and neglect registry and criminal history record report for any state an individual has resided in within the past five years.

"Barrier crime" means a conviction defined as a barrier crime in § 19.2-392.02 of the Code of Virginia and shall include prior adult convictions and juvenile convictions or adjudications of delinquency based on a crime that would be a felony if committed by an adult within or outside the Commonwealth.

"Board" means the Virginia Board of Education.

"Child day center" means a child day program offered to (i) two or more children 13 years of age or younger in a facility that is not the residence of the provider or any of the children in care or (ii) 13 or more children at any location.

"Child day program" means a regularly operating service arrangement for children where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of a child 13 years of age or younger for less than a 24-hour period.

"Conditional license" means a license that may be issued to a new facility to operate in order to permit the applicant to demonstrate compliance with licensing standards.

"Consent agreement" means a written agreement between an applicant or licensee and the department that the applicant or licensee will perform specific actions for the purpose of correcting violations to come into compliance with licensing standards or laws.

"Day" means a calendar day, unless otherwise specified.

"Denial" means the act of refusing to approve an initial application for license or a license renewal application for violations of any provision of Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia or failure to comply with the limitations and licensing standards set forth in a license.

"Department" means the Virginia Department of Education.

"Family day home" means a child day program offered in the residence of the provider or the home of any of the children in care for at least one but no more than 12 children 13 years of age or younger, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. The provider of a licensed family day home shall disclose to the parents or guardians of children in the provider's care the percentage of time per week that persons other than the provider will care for the children. Family day homes serving at least five but no more than 12 children, exclusive of the provider's own children and any children who reside in the home, shall be licensed. However, no family day home shall care for more than four children younger than two years of age, including the provider's own children and any children who reside in the home, unless the family day home is licensed or voluntarily registered. A family day home where the children in care are all related to the provider by blood or marriage shall not be required to be licensed.

"Family day system" means any person who approves family day homes as members of its system; who refers children to available family day homes in that system; and who, through contractual arrangements, may provide central administrative functions, including training of operators of family day homes; technical assistance and consultation to operators of member homes; inspection, supervision, monitoring, and evaluation of member homes; and referral of children to available health and social services.

"Functional design" means the design features of buildings and grounds not regulated by the building code that are subject to licensing standards.

"Good character and reputation" or "good moral character and reputation" means a determination by the superintendent that an individual (i) maintains business or professional, family, and community relationships that are characterized by honesty, fairness, truthfulness, and dependability and (ii) is able to transact business in the Commonwealth and suitable to administer a program for the care, supervision, and protection of children.

"License" means a license that is issued pursuant to § 22.1-289.011 of the Code of Virginia to any person who constitutes, or who operates or maintains, a child day program or family day system.

"Licensee" means any person to whom a conditional license, a license, or a provisional license has been issued and who is legally responsible for compliance with the licensing standards related to the operation or maintenance of the child day program or family day system.

"Licensing standards" or "standards" means the standards of care and safety for operation of a child day program or family day system as set forth in this chapter, Chapter 14.1 of Title 22.1 of the Code of Virginia, the Standards for Licensed Child Day Centers (8VAC20-780), the Standards for Licensed Family Day Homes (8VAC20-800), or the Minimum Standards for Licensed Family Day Systems (8VAC20-810).

"Living in" means staying at a child day center or family day home for more than 30 days out of a 45-day period.

"Person" means any individual; corporation; partnership; association; limited liability company; local government; state agency, including any department, institution, authority, instrumentality, board, or other administrative agency of the Commonwealth; or other legal or commercial entity that operates or maintains a child day program or family day system.

"Provisional license" means a license that may be issued when a licensee is temporarily unable to comply substantially with all of the requirements of the licensing standards.

"Registered" means a family day home that has met the standards for voluntary registration set forth in Voluntary Registration of Family Day Homes (8VAC20-850).

"Revocation" means the act of terminating a license during its effective dates for violations of any provision of Chapter 14.1 of Title 22.1 of the Code of Virginia or failure to comply with the limitations and standards set forth in a license.

"Superintendent" means the Superintendent of Public Instruction at the Department of Education and, except when prohibited by law, includes the superintendent's representatives.

"Sworn statement or affirmation" means a signed statement completed by a person attesting to whether the person has ever been (i) convicted of or the subject of pending charges of any crime within or outside the Commonwealth or an equivalent offense outside the Commonwealth or (ii) the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth.

"Variance" means a written determination by the superintendent that (i) a licensee or applicant for licensure as a child day program or family day system has demonstrated that implementation of a regulation promulgated by the board would impose a substantial financial or programmatic hardship and (ii) the suspension or modified implementation of such regulation would not adversely affect the safety and well-being of children in care.

Part II

Licensure Requirements

8VAC20-821-20. Necessity for license.

Every person that constitutes or that operates or maintains a child day program or family day system shall obtain the appropriate license from the superintendent, which may be renewed.

8VAC20-821-30. License.

A. A license is issued to a specific person. A license is not transferable from one person to another.

B. A license issued under this chapter shall expire two years from the effective date of the license. The superintendent may extend or shorten the duration of licensure periods for a child day program or family day system whenever, at the superintendent's sole discretion, it is administratively necessary to redistribute the workload for greater efficiency in staff utilization.

C. A license shall be issued on a form prescribed by the superintendent.

D. The license and any other documents required by the superintendent shall be posted in a conspicuous place on the licensed premises.

E. A license shall be issued with the following terms:

1. The name of the person to whom the license is issued;

2. The date the license is effective and the date the license expires;

3. The name in which the licensee is doing business;

4. The physical location of the facility;

5. The maximum number of children who may be in care at any time;

6. The age range of children for whom care may be provided; and

7. Any other stipulations or conditions that the superintendent may prescribe within the context of the licensing standards or laws.

F. Any administrative sanction imposed by a special order or any sanction imposed by a final order shall be considered a term of the license.

8VAC20-821-40. Qualifications for licensure.

A. Each application for licensure shall be made to the superintendent, in such form as the superintendent may prescribe, and shall include the following information:

1. The name and address of the applicant;

2. If the applicant is an association, partnership, limited liability company, or corporation, the names and addresses of its partners, members, officers, directors, or agents;

3. A description of the activities proposed to be engaged in;

4. A description of the facilities and services to be employed; and

5. Additional information as required by the superintendent.

B. The applicant shall submit a completed application, including all required documentation, and fee to the superintendent. No applicant may begin operations for which a license is required prior to being issued a license or a conditional license by the superintendent.

C. Every applicant for licensure as a child day program, family day home, or family day system shall have the following qualifications:

1. The applicant and any of the applicant's partners, members, officers, directors, or agents shall be of good character and reputation.

2. The applicant and any of the applicant's partners, members, officers, directors, or agents shall submit to a background check in accordance with licensing standards.

3. The applicant shall disclose whether the applicant or any of the applicant's partners, members, officers, directors, or agents has ever had a license issued by any local, state, or national regulatory body that has been revoked, suspended, denied, or surrendered in lieu of an adverse action.

4. The applicant and any of the applicant's partners, members, officers, directors, or agents shall be at least 18 years of age.

5. The applicant shall demonstrate financial responsibility.

6. The applicant shall have completed a prelicensure orientation offered through or approved by the superintendent that focuses on health and safety standards, application processes, background check requirements, and general licensure requirements.

a. The superintendent may, at the superintendent's discretion, waive the prelicensure orientation requirement or issue a license conditioned upon the applicant's completion of the prelicensure orientation program.

b. Applicants who have previously completed the prelicensure orientation program training and have not been subject to a license denial or revocation shall not be required to complete the prelicensure orientation program a second time.

7. The applicant shall demonstrate compliance with all applicable licensing standards.

D. Applicants for licensure as a child day center shall meet the requirements of 8VAC20-821-50 regarding buildings and functional design.

E. The applicant shall at all times allow the superintendent reasonable access and opportunity to make on-site inspection of the facility in order to determine compliance with applicable licensing standards.

F. The applicant shall allow the superintendent reasonable opportunity to inspect the applicant's records. Records that contain confidential proprietary information furnished to the department pursuant to this section shall be exempt from disclosure pursuant to subdivision 4 of § 2.2-3705.5 of the Code of Virginia.

G. The applicant shall allow the superintendent to interview the applicant's agents and employees and any person living or participating in the applicant's facilities or under the applicant's custody, control, direction, or supervision in accordance with subsection A of § 22.1-289.018 of the Code of Virginia.

H. It is the responsibility of the applicant to demonstrate qualifications for licensure and compliance with licensing standards. All such determinations of qualification and compliance shall be at the discretion of the superintendent. Failure to demonstrate qualifications and compliance for licensure may constitute grounds for denying a license.

I. No license shall be issued to an applicant that does not constitute a child day program or family day system.

8VAC20-821-50. Buildings and functional design.

A. Buildings for applicants as child day programs or family day systems shall be classified by and meet the specifications for the proper Use Group as required by the Virginia Uniform Statewide Building Code (13VAC5-63).

B. An applicant for licensure as a child day center shall submit inspection reports from state or local fire authorities, as applicable, to determine compliance of the building with the Virginia Statewide Fire Prevention Code (13VAC5-51).

C. An applicant for licensure as a child day center shall submit inspection reports from state or local health authorities that shall include approval of general sanitation and, if applicable, water supply, sewage disposal systems, and food service operations for the building in which the facility is operated.

D. The building used by an applicant as a child day center shall meet all functional design requirements.

E. Applicants are encouraged to consult as early as possible with the department regarding building plans and licensing standards in order to avoid noncompliance.

8VAC20-821-60. Modification of the terms of the license.

A. A licensee may submit a written request to the superintendent for a modification of the terms of the license at any time during the license period.

B. If the superintendent grants a modification, the department will issue a modified license reflecting the changes.

C. No modification shall be granted to change or replace the person to whom the license was granted.

8VAC20-821-70. Variances.

A. Any request for a variance shall be made to the superintendent and shall be in writing on a form prescribed by the superintendent. The request for a variance shall include the following:

1. The specific requirements for which the applicant or licensee is requesting a variance;

2. A detailed description of the substantial programmatic or financial hardship that will be caused by the applicant or licensee's compliance with the requirements for which the variance is requested; and

3. The proposed alternative to the requirement that will protect the safety and well-being of the children in care.

B. When requested by the superintendent, the applicant or licensee requesting the variance shall obtain additional information to substantiate either (i) that compliance with the requirements will cause substantial programmatic or financial hardship or (ii) that the proposed alternative to the requirement will protect the safety and well-being of the children in care. Such additional information may include the opinions of professionals in the field, research, or studies.

C. The superintendent may attach conditions to a variance upon approval.

D. A variance may be rescinded or modified upon a change in the facts upon which the superintendent relied in granting the variance.

E. A variance is not transferable between persons.

F. The superintendent shall review each approved variance at least annually.

G. No applicant or licensee shall make the programmatic change for which the variance was requested prior to receiving written approval from the superintendent. Initiating the programmatic change prior to receiving approval for the variance shall be grounds for denying the request for the variance and may constitute grounds for adverse action.

8VAC20-821-80. Conditional license.

A. The superintendent may issue a conditional license to an applicant in order to permit the applicant to demonstrate compliance with the requirements for licensure. A conditional license may be issued for a term not to exceed six months. A conditional license may be renewed, but a conditional license may not be held for longer than six months from the original issuance of the conditional license.

B. If, at the end of the conditional license, the applicant is still unable to demonstrate compliance with all of the licensure requirements, the application for initial licensure shall be denied.

C. A conditional license may be voided and a license issued if the superintendent determines that the applicant meets the qualifications for licensure.

8VAC20-821-90. Refusal of license issuance.

When issuance of a license for a child day program or family day system has been refused by the superintendent, the applicant shall not, for a period of six months, apply again for such license, unless the superintendent in the superintendent's sole discretion believes that there has been such a change in the conditions on account of which the license was refused as to justify considering a new application. When an appeal is taken by the applicant pursuant to subsection A of § 22.1-289.024 of the Code of Virginia, the six-month period shall be extended until a final decision has been rendered on appeal.

Part III

Renewal

8VAC20-821-100. Renewal required.

Every person issued a license that has not been suspended or revoked shall renew such license prior to its expiration.

8VAC20-821-110. Qualifications for renewal.

A. Prior to the expiration date shown on the license, a licensee desiring to renew a license shall return to the superintendent a completed renewal application and appropriate fee. Failure to receive notices from the superintendent regarding license renewal does not relieve the licensee of the obligation to renew.

B. The renewal applicant shall have met the requirements of 8VAC20-821-50 regarding the approval of buildings and functional design.

C. The renewal applicant shall demonstrate compliance with licensing standards.

D. As required by Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia, the renewal applicant and any of the applicant's partners, members, officers, directors, or agents shall submit to a background check in accordance with licensing standards.

E. The renewal applicant shall at all times allow the superintendent reasonable access and opportunity to make on-site inspection of the proposed facility in order to determine compliance with licensing standards. Such on-site inspections may occur at any time during the license term and may be unannounced.

F. The renewal applicant shall at all times allow the superintendent reasonable opportunity to inspect the renewal applicant’s records. Records that contain confidential proprietary information furnished to the department pursuant to this section shall be exempt from disclosure pursuant to subdivision 4 of § 2.2-3705.5 of the Code of Virginia.

G. The renewal applicant shall at all times allow the superintendent to interview any person under the renewal applicant's custody, control, direction, or supervision. Interviews shall be (i) authorized by the person to be interviewed or the person's legally authorized representative and (ii) limited to discussion of issues related to the applicant's compliance with applicable laws and licensing standards.

H. It is the responsibility of the renewal applicant to demonstrate that the licensee meets all qualifications for renewal. All determinations of qualifications shall be at the discretion of the superintendent. Failure to demonstrate qualifications for licensure shall constitute grounds for denying a license renewal.

I. No license will be renewed for a licensee that does not constitute a child day program or family day system during the licensure period immediately preceding renewal.

8VAC20-821-120. Refusal of renewal.

A. The superintendent may refuse a renewal application for (i) failure to meet the qualifications for renewal or violation of licensing standards or (ii) failure to comply with the terms of an order by the superintendent.

B. When renewal of a license for a child day program or family day system has been refused by the superintendent, the applicant shall not, for a period of six months, apply again for such license, unless the superintendent in the superintendent's sole discretion believes that there has been such a change in the conditions on account of which the license was refused as to justify considering a new application. When an appeal is taken by the applicant pursuant to subsection A of § 22.1-289.024 of the Code of Virginia, the six-month period shall be extended until a final decision has been rendered on appeal.

8VAC20-821-130. Provisional license.

A. The superintendent may issue a provisional license to a renewal applicant when the applicant is temporarily unable to comply with all of the licensure requirements. A provisional license may be issued for a term not to exceed six months. A provisional license may be renewed, but a provisional license may not be held for longer than six months from the original issuance of the provisional license.

B. If, at the end of the provisional license, the renewal applicant is still unable to comply with all of the licensure requirements, the application for renewal shall be denied.

C. A provisional license may be voided and the license renewed if the superintendent determines that the renewal applicant meets the qualifications for renewal.

Part IV

Application Fees

8VAC20-821-140. Application fees nonrefundable; application date.

A. All application fees for licenses are nonrefundable.

B. The date that the application fee is received by the superintendent shall be the date that the application was received.

C. An applicant for initial licensure shall submit a completed application to the superintendent within six months of the date that the application was received. Applications that remain incomplete after six months of the date the application was received will be closed, and the applicant will be required to submit a new application with a new fee.

D. An applicant for license renewal shall submit a completed renewal application prior to the date the applicant's license expires.

E. Application fees shall not be applicable to facilities, centers, or agencies operated by federal entities.

8VAC20-821-150. Application fees.

A. The fee required for each child day program will be based upon its licensed capacity. The following fee schedule applies to child day programs that operate at least 12 weeks of a 12-month period:

Capacity	Two-year licensing fee
1-12	$28
13-25	$70
26-50	$140
51-75	$210
76-200	$280
201 or more	$400

B. The following fee schedule applies to child day programs that operate less than 12 weeks of a 12-month period:

Capacity	Two-year licensing fee
1-50	$50
51 or more	$110

C. Family day systems will be subject to a license fee of $140.

D. A fee will be charged for checks that must be returned to the applicant because of insufficient funds.

Part V

Background Checks

8VAC20-821-160. Scope of background check regulations.

This part applies to any person required to have a background check by Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia.

8VAC20-821-170. Background checks required.

A. Any person required to have a background check shall follow the provisions of Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia regarding background checks.

B. Any person 14 years of age or older living in the home of a licensed or registered family day home shall request a Virginia child protective services central registry check within seven days of reaching 14 years of age or beginning to live in the home.

8VAC20-821-180. Disqualifying background checks; prohibitions.

A. No child day center, family day home, or family day system licensed in accordance with the provisions of this chapter, child day center exempt from licensure pursuant to § 22.1-289.031 of the Code of Virginia, registered family day home, family day home approved by a family day system, or child day center, family day home, or child day program that enters into a contract with the department or its agents or designees to provide child care services funded by the Child Care and Development Block Grant shall hire for compensated employment, continue to employ, or permit to serve as a volunteer who will be alone with, in control of, or supervising children any person who (i) has been convicted of any barrier crime as defined in § 19.2-392.02 of the Code of Virginia or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth.

B. Notwithstanding the provisions of subsection A of this section, a child day center may hire for compensated employment persons who have been convicted of not more than one misdemeanor offense under § 18.2-57 of the Code of Virginia, or any substantially similar offense under the laws of another jurisdiction, if 10 years have elapsed following the conviction, unless the person committed such offense while employed in a child day center or the object of the offense was a minor.

C. If any person specified in subsection A of § 22.1-289.036 of the Code of Virginia (i) has been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth, and such person has not been granted a waiver by the superintendent pursuant to § 22.1-289.038 of the Code of Virginia, no license as a child day center, family day home, or family day system or registration as a family day home shall be granted by the superintendent and no approval as a family day home shall be granted by the family day system.

D. No person specified in subsection A of § 22.1-289.036 of the Code of Virginia shall be involved in the day-to-day operations of the child day center, family day home, or family day system, or shall be alone with, in control of, or supervising one or more children, without first having completed any required background check.

E. Dissemination of background check information is prohibited other than to the superintendent or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination.

8VAC20-821-190. Out-of-state child abuse and neglect registry and criminal history record searches.

A. If any individual required to get a background check has lived in another state in the past five years and the results of the request to search the child abuse and neglect registry or criminal history record maintained by that state has not been returned, the individual shall obtain the following before the background check may be considered complete:

1. Documentation of the refusal from the state if no search was performed; or

2. Documentation showing that the individual contacted the state in writing to obtain the results of the child abuse and neglect registry or criminal record history at least 45 days after the initial request.

B. Any documentation obtained pursuant to subsection A of this section shall be maintained as part of the background check record.

8VAC20-821-200. New background checks.

The child day program or family day system, the department, or the registering or approving authority may require a new background check if there is reason to suspect that a person required to have a background check has a disqualifying background.

8VAC20-821-210. Maintenance of background check records.

A. A child day program or family day system shall keep background check records at its place of business for at least two years after the background check is required, unless federal or state law or regulation requires the records to be kept for longer. If multiple child day programs are owned by the same entity, such records may be kept at a single location and shall be made available to the superintendent upon request.

B. Background check records shall be kept in locked files or a secure electronic file, and access to such files should be restricted according to a principle of least privilege.

C. Family day systems shall keep background check records for family day homes approved by the system.

8VAC20-821-220. Waiver of criminal convictions.

A. Any person who seeks to operate, volunteer, or work at a child day program or family day system and who is disqualified because of a criminal conviction or a criminal conviction in the background check of any other adult living in a family day home regulated by the department, pursuant to § 22.1-289.035, 22.1-289.036, or 22.1-289.039 of the Code of Virginia, may apply in writing for a waiver from the superintendent. The superintendent may grant a waiver if the superintendent determines that (i) the person is of good moral character and reputation and (ii) the waiver would not adversely affect the safety and well-being of children in the person's care.

B. The superintendent shall not grant a waiver to any person who has been convicted of any barrier crime.

C. The superintendent may grant a waiver to a family day home licensed or registered by the department if any other adult living in the home of the applicant or provider has been convicted of not more than one misdemeanor offense under § 18.2-57 or 18.2-57.2 of the Code of Virginia, or any substantially similar offense under the laws of another jurisdiction, provided that (i) five years have elapsed following the conviction and (ii) the department has conducted a home study that includes (a) an assessment of the safety of children placed in the home and (b) a determination that the offender is now a person of good moral character and reputation. The waiver shall not be granted if the adult living in the home is an assistant or substitute provider or if such adult has been convicted of a misdemeanor offense under both §§ 18.2-57 and 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction.

D. The request for a waiver shall be submitted on a form prescribed by the superintendent.

E. Waivers are granted at the discretion of the superintendent and are not subject to appeal.

F. A waiver is granted to a specific person and shall include the following:

1. The name of the individual who is the subject of the waiver;

2. The name and location of the child day program or family day system;

3. The effective date of the waiver;

4. Any stipulations or conditions upon which the waiver is granted;

5. The criminal conviction for which the waiver is granted;

6. The date of the criminal conviction; and

7. The signature of the superintendent.

G. A person to whom a waiver is granted shall notify the superintendent if any of the terms, stipulations, or conditions upon which the waiver was granted have changed and shall request a modification from the superintendent if appropriate.

H. The superintendent may rescind a waiver if the superintendent determines that (i) the waiver application contained materially false or misleading information, (ii) the stipulations or conditions upon which the waiver was granted have been violated, or (iii) the person no longer meets the criteria for a waiver.

I. A waiver automatically expires when the individual who is the subject of the waiver no longer lives in the home.

8VAC20-821-230. Public notification of waivers.

A. The child day program or family day system shall post any waiver granted by the superintendent in a conspicuous place at the location listed on the waiver.

B. Any waiver granted under this section shall be available for inspection by the public. The child day program or family day system shall notify in writing every parent of the children in its care of any waiver granted by the superintendent, as well as notify in writing the parent of any child subsequently enrolled for as long as the waiver remains effective.

Part VI

Standards of Conduct

8VAC20-821-240. Determination of continued compliance.

A. In order to determine continued compliance with licensing standards during the effective dates of the license, the superintendent will perform inspections in accordance with § 22.1-289.018 of the Code of Virginia.

B. The licensee is responsible for correcting any areas of noncompliance found during any inspection.

8VAC20-821-250. Maintenance of license.

A. An applicant or licensee shall at all times keep the superintendent informed of its current mailing address, telephone number, and email address.

B. An applicant or licensee shall notify the superintendent immediately of any change of ownership or business formation.

8VAC20-821-260. Provision of records to the superintendent.

An applicant or licensee shall produce any records to the superintendent during an inspection or within the timeframe specified by the superintendent if an extension is granted. Records produced for the superintendent pursuant to this section that contain confidential or proprietary information shall be exempt from disclosure pursuant to subdivision 4 of § 2.2-3705.5 of the Code of Virginia.

8VAC20-821-270. Prohibited acts.

The following are prohibited acts by an applicant or licensee and may be subject to enforcement and sanctions:

1. Furnishing substantially inaccurate or incomplete information to the superintendent in obtaining, renewing, reinstating, or maintaining a license;

2. Making any materially false or misleading statement to the superintendent with respect to the operation of any child day program or family day system;

3. Failure to operate within the terms of a license or variance;

4. Failure to obtain from the superintendent a modification pursuant to 8VAC20-821-60 or variance pursuant to 8VAC20-821-70 prior to making programmatic or operational changes for which a modification or variance is required;

5. Failure to obtain a background check in accordance with Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia;

6. Failure to post the following documents in a conspicuous location on the premises of each facility:

a. The most recently issued license. Any conditional or provisional license shall be posted at each public entrance of the facility and a notice shall be prominently displayed next to the license that states that a description of specific violations of licensing standards to be corrected and the deadline for completion of such corrections is available for inspection at the facility or on the facility's website, if applicable;

b. Notice of the superintendent's intent to revoke or deny renewal of the license of a child day program or family day system. Such notice will be provided by the department and shall be posted in a prominent place at each public entrance of the facility to advise consumers of serious or persistent violations;

c. A copy of any final order of summary suspension of all or part of a license for a child day program or family day system operated by an agency of the Commonwealth shall be prominently displayed by the provider at each public entrance of the facility, or the provider may display a written statement summarizing the terms of the order, printed in clear and legible size and typeface, in a prominent location and identifying the location within the facility where the final order of summary suspension may be reviewed;

d. Any notice of the superintendent's intent to take any of the actions enumerated in subdivisions B 1 through B 6 of § 22.1-289.023 of the Code of Virginia. Such notice will be provided by the department, and a copy of the notice shall be posted in a prominent place at each public entrance of the facility to advise consumers of serious or persistent violations;

e. A copy of any special order issued by the department shall be posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations; and

f. Any other documents required by the superintendent;

7. Failure to correct any area of noncompliance found during any inspection;

8. Permitting, aiding, or abetting the commission of any illegal act in the licensed facility or agency;

9. A licensee being convicted of any barrier crime as defined in § 19.2-392.02 of the Code of Virginia or being the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;

10. Hiring for compensated employment, continuing to employ, or permitting to serve as a volunteer who will be alone with, in control of, or supervising children any person who (i) has been convicted of any barrier crime as defined in § 19.2-392.02 of the Code of Virginia or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;

11. Failure to notify the superintendent that anyone required to have a background check under § 22.1-289.036 of the Code of Virginia has been convicted of a barrier crime as defined in § 19.2-392.02 of the Code of Virginia or is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;

12. Engaging in conduct or practices that are in violation of laws or regulations relating to abuse, neglect, or exploitation of children;

13. Interfering with the superintendent in the discharge of the superintendent's licensing duties, which includes forbidding the superintendent access to a location when at least one child is in care; and

14. Failure to comply with the terms of an order issued by the superintendent.

Part VII

Violation Review

8VAC20-821-280. Review process.

A. If an applicant or licensee believes that a licensing standard has been applied or interpreted in a manner that is arbitrary or capricious, the applicant or licensee may request a review by program supervisory personnel.

B. A request for review shall be in writing and shall be made within five business days of receiving a notice of violation. The request shall contain the following information:

1. The date that the application of the licensing standard that is being challenged was made;

2. The reasons why the applicant or licensee believes that the application of the licensing standard was arbitrary or capricious; and

3. All relevant documentation supporting the rationale of the applicant or license that the application of the licensing standard was arbitrary or capricious.

C. Nothing in this section shall be construed to prohibit the superintendent from exercising the superintendent's responsibility and authority, including proceeding directly to the imposition of administrative sanctions, summary suspension, or recommending petitions for injunction.

Part VIII

Sanctions

8VAC20-821-290. Administrative sanctions.

A. Notwithstanding any other provision of law, following a proceeding as provided in § 2.2-4019 of the Code of Virginia, the superintendent may issue a special order for (i) violation of any of the provisions or any regulation adopted under the provisions of Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia or § 54.1-3408 of the Code of Virginia for which violation adversely affects or is an imminent and substantial threat to the health, safety, or welfare of the person cared for or (ii) permitting, aiding, or abetting the commission of any illegal act in a child day program or family day system. Notice of the superintendent's intent to take any of the actions enumerated in subdivisions B 1 through B 6 of this section shall be provided by the department, and a copy of such notice shall be posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations. The issuance of a special order shall be considered a case decision as defined in § 2.2-4001 of the Code of Virginia. Actions set forth in subsection B of this section may be appealed by (a) a child day program or family day system operated by an agency of the Commonwealth in accordance with § 22.1-289.025 of the Code of Virginia or (b) any other child day program or family day system in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). The superintendent shall not delegate the superintendent's authority to impose civil penalties in conjunction with the issuance of special orders.

B. The superintendent may take the following actions regarding child day programs and family day systems through the issuance of a special order and may require a copy of the special order provided by the department to be posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations:

1. Place a licensee on probation upon finding that the licensee is substantially out of compliance with the terms of the license and that the health and safety of children is at risk;

2. Reduce the licensed capacity or prohibit new admissions when the superintendent concludes that the licensee cannot make necessary corrections to achieve compliance with regulations except by a temporary restriction of its scope of service;

3. Mandate training for the licensee or licensee's employees, with any costs to be borne by the licensee, when the superintendent concludes that the lack of such training has led directly to violations of regulations;

4. Assess civil penalties of not more than $500 per inspection upon finding that the child day program or family day system is substantially out of compliance with the terms of its license and the health and safety of children is at risk; however, no civil penalty shall be imposed pursuant to this subdivision on any child day program or family day system operated by an agency of the Commonwealth;

5. Require licensees to contact parents, guardians, or other responsible persons in writing regarding health and safety violations; and

6. Prevent licensees who are substantially out of compliance with the licensure terms or in violation of the regulations from receiving public funds.

8VAC20-821-300. Revocation.

The superintendent may revoke the license of any child day program or family day system that violates any provision of this chapter, Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia, or fails to comply with the limitations and standards set forth in its license.

8VAC20-821-310. Summary suspension.

The superintendent may, in accordance with the provisions of § 22.1-289.022 of the Code of Virginia, issue a notice of summary suspension of the license of any child day program or family day system, in conjunction with any proceeding for revocation, denial, or other action, when conditions or practices exist in the child day program or family day system that pose an immediate and substantial threat to the health, safety, and welfare of the children receiving care, and the superintendent believes the operation of the child day program or family day system should be suspended during the pendency of such proceeding.

8VAC20-821-320. Consent agreements.

A. Instead of an adverse action, an applicant or licensee may enter into a consent agreement with the superintendent.

B. A consent agreement between an applicant or licensee and the superintendent shall include the following:

1. Dates of key actions and events and the names of the parties;

2. An assertion that all violations detailed in the notice of intent have been corrected;

3. A description in detail of the case-specific systemic solution proposed that addresses the causes of the past history of violations, including the methods the licensee has in place to prevent violations and to monitor results;

4. A stipulation by the licensee to the validity of the violations enumerated in the specified correspondence and a waiver of all rights to an informal conference or hearing under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) related to those violations;

5. A statement by the licensee that all determinations as to whether the terms of the agreement are being implemented and the intended results achieved are at the sole discretion of the superintendent;

6. The duration of the consent agreement. The consent agreement will be effective once signed by both parties;

7. A statement that when the superintendent signs the agreement, signifying final acceptance, the superintendent is also agreeing to rescind the outstanding adverse action, and that the licensee is agreeing to withdraw all appeals to that action; and

8. A statement outlining conditions for termination of the consent agreement and the nature of the licensee's appeal rights in that event.

C. Throughout the duration of the consent agreement, licensing staff will make frequent inspections to determine (i) whether the terms of the consent agreement are being implemented and (ii) whether the intended results of the consent agreement are being achieved.

Part IX

Appeals

8VAC20-821-330. Appeal from renewal, denial of renewal, or revocation of license.

A. Whenever the superintendent refuses to issue a license or to renew a license or revokes a license for a child day program or family day system operated by an agency of the Commonwealth, the provisions of § 22.1-289.025 the Code of Virginia shall apply.

B. Whenever the superintendent refuses to issue a license or to renew a license or revokes a license for any child day program or family day system other than a child day program or family day system operated by an agency of the Commonwealth, the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) shall apply.

C. However, those appeals from notice of the superintendent's intent to refuse to issue or renew or to revoke a license shall be received in writing from the child day program or family day system operator within 15 days of the date of receipt of the notice. Judicial review of a final review agency decision shall be in accordance with the provisions of the Administrative Process Act and any applicable Rules of the Supreme Court of Virginia. No stay may be granted upon appeal to the Supreme Court or the Court of Appeals.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Proposed Regulation

Titles of Regulations: 8VAC20-820. General Procedures and Information for Licensure (repealing 8VAC20-820-10 through 8VAC20-820-500).

8VAC20-821. General Procedures for the Licensure of Child Day Programs and Family Day Systems (adding 8VAC20-821-10 through 8VAC20-821-330).

Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: November 8, 2024.

Agency Contact: Tatanishia Armstrong, Legislative Consultant, Department of Education, James Monroe Building, 16th Floor, 101 North 14th Street, Richmond, VA 23219, telephone (804) 382-5047, or email tatanishia.armstrong@doe.virginia.gov.

Basis: The State Board of Education's overall regulatory authority is found in § 22.1-16 of the Code of Virginia. The board's regulatory authority over child day programs and family day systems is found in § 22.1-289.046 of the Code of Virginia.

Purpose: The board has determined that a comprehensive revision of this regulation is necessary in order to implement statutory requirements, clarify existing regulatory requirements, and update practices and procedures. A comprehensive review of the regulation will provide clear, understandable, and updated requirements for licensees and ensure the sufficiency of care provided to children and adults receiving services. This regulatory action is essential to protecting the health, safety, and welfare of citizens because the licensing population subject to the chapter is involved in the care, supervision, and education of young children. State policy requires a licensing scheme that imposes minimum qualifications upon child care provider to ensure the safety of children. The Commonwealth is best served when the regulations governing licensure are organized and succinct and when licensees clearly understand the standards to which they are held. This regulatory action is designed to solve the problems of lack of clarity and lack of organization, as well as inefficiencies in enforcement processes.

Substance: The major goal of this regulatory action is to improve clarity by using more direct language; removing nonregulatory, informational text; and leverage organization to provide clarity. As a result, significant amounts of text have been removed and the entire chapter has been restructured. The primary objective of the new organization is to provide clear directions related to each "phase" of the licensing cycle so that a licensee can find requirements easily. Part I provides definitions necessary to understand the language of the chapter. Part II focuses on the process for initial licensure or changing an initial license (i.e., through license modifications or variances). Part II also clearly states all requirements for initial licensure in a single section (8VAC20-821-40), as well as expectations for the license process. Part III provides the standards for renewal. Part IV integrates the fee structure into the General Procedures. Fees are currently stated in a separate chapter. Part V integrates the background check process into the General Procedures. Background checks are also currently regulated in a separate chapter. Part VI sets out standards of conduct for licensees. The proposed 8VAC20-821-270 is designed to increase the enforcement capacity of the agency by setting clear expectations with respect to the conduct of licensees. Part VII offers a new approach to what are currently called problem-solving conferences, which is a regulatory process designed to facilitate communication regarding disagreements on agency application of regulations and statutes. The proposed 8VAC20-821-280 consolidates the first-step and second-step reviews into a single review process. Although not outlined in the regulatory text, the agency intends to implement the regulation in a manner that allows for greater oversight and consistency across licensing regions. In implementing the proposed regulation, when an applicant initiates the review process, the request will be sent to the licensing administrator in a different region for review and a determination made in conjunction with the central office. Part VIII addresses sanctions, including administrative sanctions, revocation, summary suspension, and consent agreements. In most cases, the agency is deferring to the statutory structure. The proposed 8VAC20-821-320 states that consent agreements are not restricted to instances where the agency intends to revoke or deny a license. Part IX provides licensees notice of the statutory rights of appeals. This section has significantly reduced procedures related to administrative hearings. The agency has no basic law requiring administrative hearings other than when the agency pursues a summary suspension, and this is an exceedingly rare case. The agency has found that, should an administrative hearing be warranted or required, the procedures for the hearing will be communicated to the licensee in consultation with the Office of the Attorney General and in accordance with applicable laws.

Issues: The primary advantage of this regulatory change to the public, the agency, the Commonwealth, and the regulated community is that the General Procedures will be easier to read, better organized, clearer with respect to responsibilities, and more comprehensive in scope due to the consolidation of three chapters into a single chapter. There are no disadvantages to the public, the agency, the Commonwealth, or the regulated community.

Department of Planning and Budget's Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The State Board of Education (board) proposes to repeal 8VAC20-820 and establish 8VAC20-821.²

Background. Among the differences between 8VAC20-821 and 8VAC20-820 are changes pertaining to early compliance, enforcement processes, license length, and background checks.

Early Compliance: In addition to a regular license, the Department of Education (DOE) may also issue conditional and provisional licenses. Under both the current and proposed regulations, DOE may issue a conditional license to a new facility or agency in order to permit the applicant to demonstrate compliance with specified standards. A conditional license may be renewed, but the issuance of a conditional license and any renewals shall be for no longer a period than six successive months. When the conditional period is over, the facility or agency must substantially meet the standards or be denied a license. Under both the current and proposed regulations, when an applicant applies to renew a regular license but the applicant is temporarily unable to comply with the requirements of the regulation, DOE may issue a provisional license for any period not to exceed six months. A provisional license cannot be issued to a facility or agency immediately following a conditional license. At the conclusion of the provisional licensure period, the facility or agency must be in substantial compliance with licensing standards or be denied a license to continue operation. Under the current regulation, a conditional or provisional license may be voided and a regular license issued prior to the expiration date when (i) the facility or agency complies with all standards listed on the face of the provisional or conditional license prior to the mid-point of the licensure period or within 90 days of the expiration date of the provisional or conditional license, whichever comes first, and the facility or agency is in substantial compliance with all other standards; (ii) compliance has been verified by an on-site observation by the department's licensing representative or, when applicable, by written evidence provided by the licensee; or (ii) the licensee makes a formal written request to the licensing representative for replacement of a provisional or conditional license with a regular license. Under the proposed regulation, the conditional or provisional license may be voided and a regular license issued prior to the expiration date any time compliance is verified. Additionally, a formal written request is not required.

Enforcement Processes: When a violation has been found and the applicant or licensee disputes the violation, the applicant or licensee or licensing staff may request a problem-solving conference. Under the current regulation, there are two steps to the process. The first-step review is with the licensing administrator of the local office that oversaw the inspection. According to DOE, often times this administrator was closely involved in the decision to find the violation in dispute, which arguably undermines the value of this first step. The agency indicates that progress is rarely made at this first step. If after the first step review, the applicant or licensee still believes that "the laws, regulations, or departmental policies have been applied or interpreted in a manner that was unreasonable, arbitrary or capricious," the applicant or licensee may request a second-step review by program supervisory personnel as assigned by DOE. Under the proposed regulation, there would be a single review that occurs in coordination with the central office. The central office would receive a request for a violation review and have a licensing administrator in a different jurisdiction review the case file before communicating results with the central office. A "consent agreement" is an agreement between the licensee and DOE that the licensee will perform specific actions for the purpose of correcting violations to come into compliance with standards or statutes. Under the current regulation, consent agreements can only occur after the applicant or licensee has received a letter of denial or revocation. Under the proposed regulation, consent agreements can occur earlier, such as when a violation is first found. Under the current regulation, all applicants or licensees who are aggrieved by an agency decision, such as license denial or revocation, are granted a formal administrative hearing if requested. Specifically, 8VAC20-820-420 states that "Upon receipt of the written request from the aggrieved party for a formal administrative hearing," a hearing will be scheduled in the locality where the aggrieved party operates. This statement is not retained in the proposed regulation. Instead, 8VAC20-821-330 B just states that, "Whenever the superintendent refuses to issue a license or to renew a license or revokes a license for any child day program or family day system other than a child day program or family day system operated by an agency of the Commonwealth, the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall apply." According to DOE, under the proposed regulation, not all who are aggrieved by an agency decision, such as license denial or revocation, would be guaranteed a formal administrative hearing if requested.

License Length: The current regulation has tiered licensing terms based on whether a licensee "substantially exceeds" (three-year license term), "routinely meets and maintains compliance with minimum standards" (two-year license term), or has an "inconsistent level of compliance" (one-year license term). The proposed regulation has a standard two-year license term for all regular licensees. On a per-annum basis, there is no change in fees.

Background Checks: Currently, background check requirements are in a separate regulation, 8VAC20-770 Background Checks for Child Day Programs and Family Day Systems. The board proposes to include background check requirements in 8VAC20-821, and in a separate action proposes to repeal 8VAC20-770 in its entirety. Under 8VAC20-770, persons 14 years of age and older who reside in a home where child day programs occur must have a Department of Social Services (DSS) Central Registry³ check within 30 days of moving into the home or within 30 days of turning 14 years of age. The board proposes to maintain this requirement in 8VAC20-821, except with shortening the time within which Central Registry check must occur to seven days. The proposed 8VAC20-821 also adds that "The child day program or family day system, the department, or the registering or approving authority may require a new background check if there is reason to suspect that a person required to have a background check has a disqualifying background."

Estimated Benefits and Costs. Early Compliance: As described, under the current regulation, a conditional or provisional license can be voided and a regular license issued if the licensee demonstrates compliance only at specified times. Also, the licensee must produce a formal written request. Under the proposed regulation, a conditional or provisional license can be voided and a regular license issued any time compliance can be verified. This may result in some conditional and provisional licenses becoming regular licenses sooner. Since some potential clients may be wary of placing children in child day programs that are only conditionally or provisional licensed, such businesses may benefit from obtaining regular licensure sooner.

Enforcement Processes: DOE believes that converting the problem-solving conference from a two-step process to a single-step process would save approximately 10 to 15 hours of staff time each occurrence. Removing the first step would also save the applicant's or licensee's time on an endeavor (the first step) that has historically been unproductive. Allowing consent agreements to be made earlier can be beneficial in that it may result in earlier remedy or correction of violations that put children at risk. Similarly, according to DOE, no longer guaranteeing formal administrative hearings may enable the agency to take action as much as six to eight months sooner in cases where children can be endangered. However, it may also reduce the ability of some aggrieved parties to obtain a formal hearing.

License Length: According to DOE, the primary rationale for eliminating the tiered licensing system and moving to a standard two-year license term is that the agency prefers to enact minimum standards for licensure and the care and safety of children rather than make potentially subjective determinations about a licensee "substantially exceeding" the minimum standards. Also, the agency believes it can better account for the issuance of a one-year license to those with "inconsistent levels of compliance" through a provisional license or consent agreement.

Background Checks: As the Central Registry is the record of founded complaints of child abuse and neglect maintained by DSS, shortening from one month to one week the time within which checks of the Registry must occur for residents of a home where child day programs occur may help reduce the likelihood or time length with which child day programs are allowed to operate with a resident with a history of child abuse. Similarly, allowing new background checks if there is reason to suspect that a person required to have a background check has a disqualifying background may also help prevent or limit children's exposure to people with a history child abuse or other serious crimes at child day programs or family day systems. According to DOE, background checks are paid for with federal funds through DSS.

Businesses and Other Entities Affected. The proposed amendments potentially affect the 1,418 licensed child day centers; 1,356 licensed family day homes; and one licensed family day system in the Commonwealth.

The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁵ As noted, under the proposed regulation, applicants or licensees who are aggrieved by an agency decision, such as license denial or revocation, would no longer be guaranteed a formal administrative hearing if requested. As is also noted above, this could be substantively beneficial as it may enable the agency to take action as much as six to eight months sooner in cases where children can be endangered. From the point of view of the aggrieved applicants and licensees, though, losing the guarantee of an administrative hearing can be viewed as reduced benefit. Thus, an adverse impact is indicated.

Small Businesses⁶ Affected.⁷ Types and Estimated Number of Small Businesses Affected: DOE does not have data concerning how many of the 1,418 licensed child day centers, 1,356 licensed family day homes, and one licensed family day system qualify as small businesses, but expects most would qualify.⁸

Costs and Other Effects: The costs and other effects for small child day programs would be the same as described for all such firms.

Alternative Method that Minimizes Adverse Impact: There are no clear alternative methods that both reduce adverse impact and meet the intended policy goals.

Localities⁹ Affected.¹⁰ The proposed amendments neither disproportionately affect any particular locality, nor introduce costs for local governments.

Projected Impact on Employment. The proposed amendments do not appear to substantively affect total employment.

Effects on the Use and Value of Private Property. The proposed changes to early compliance may enable some firms to gain regular licensure sooner, which may help in attracting clients sooner. This may increase the value of such affected firms. The proposed amendments do not affect real estate development costs.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Child day program is defined as a regularly operating service arrangement for children where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of a child younger than the age of 13 years for less than a 24-hour period.

³ The Central Registry is the record of founded complaints of child abuse and neglect maintained by DSS.

⁴ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁵ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁶ Pursuant to § 2.2-4007.04, 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."

⁷ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁸ Data source: Virginia Employment Commission.

⁹ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

¹⁰ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency's Response to Economic Impact Analysis: The State Board of Education thanks the Department of Planning and Budget for its thorough economic impact analysis.

Summary:

The proposed action repeals General Procedures and Information for Licensure (8VAC20-820) and replaces it with a new chapter, General Procedures for the Licensure of Child Day Programs and Family Day Systems (8VAC20-821), which, in addition to implementing statutory requirements, clarifying existing requirements, and updating practices and procedures, also establishes requirements for initial licensure and renewal, application fees, background checks, standards of conduct, and how violations of such standards will be reviewed, sanctions levied, and appeals processed.

Chapter 821

General Procedures for the Licensure of Child Day Programs and Family Day Systems

Part I

General

8VAC20-821-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise.

"Applicant" means any person that has applied for any license to operate or maintain a child day program or family day system.

"Background check" means (i) a sworn statement or affirmation, (ii) a fingerprint-based national criminal background check, (iii) a Virginia child protective services central registry check, and (iv) a check of the child abuse and neglect registry and criminal history record report for any state an individual has resided in within the past five years.

"Barrier crime" means a conviction defined as a barrier crime in § 19.2-392.02 of the Code of Virginia and shall include prior adult convictions and juvenile convictions or adjudications of delinquency based on a crime that would be a felony if committed by an adult within or outside the Commonwealth.

"Board" means the Virginia Board of Education.

"Child day center" means a child day program offered to (i) two or more children 13 years of age or younger in a facility that is not the residence of the provider or any of the children in care or (ii) 13 or more children at any location.

"Child day program" means a regularly operating service arrangement for children where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of a child 13 years of age or younger for less than a 24-hour period.

"Conditional license" means a license that may be issued to a new facility to operate in order to permit the applicant to demonstrate compliance with licensing standards.

"Consent agreement" means a written agreement between an applicant or licensee and the department that the applicant or licensee will perform specific actions for the purpose of correcting violations to come into compliance with licensing standards or laws.

"Day" means a calendar day, unless otherwise specified.

"Denial" means the act of refusing to approve an initial application for license or a license renewal application for violations of any provision of Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia or failure to comply with the limitations and licensing standards set forth in a license.

"Department" means the Virginia Department of Education.

"Family day home" means a child day program offered in the residence of the provider or the home of any of the children in care for at least one but no more than 12 children 13 years of age or younger, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. The provider of a licensed family day home shall disclose to the parents or guardians of children in the provider's care the percentage of time per week that persons other than the provider will care for the children. Family day homes serving at least five but no more than 12 children, exclusive of the provider's own children and any children who reside in the home, shall be licensed. However, no family day home shall care for more than four children younger than two years of age, including the provider's own children and any children who reside in the home, unless the family day home is licensed or voluntarily registered. A family day home where the children in care are all related to the provider by blood or marriage shall not be required to be licensed.

"Family day system" means any person who approves family day homes as members of its system; who refers children to available family day homes in that system; and who, through contractual arrangements, may provide central administrative functions, including training of operators of family day homes; technical assistance and consultation to operators of member homes; inspection, supervision, monitoring, and evaluation of member homes; and referral of children to available health and social services.

"Functional design" means the design features of buildings and grounds not regulated by the building code that are subject to licensing standards.

"Good character and reputation" or "good moral character and reputation" means a determination by the superintendent that an individual (i) maintains business or professional, family, and community relationships that are characterized by honesty, fairness, truthfulness, and dependability and (ii) is able to transact business in the Commonwealth and suitable to administer a program for the care, supervision, and protection of children.

"License" means a license that is issued pursuant to § 22.1-289.011 of the Code of Virginia to any person who constitutes, or who operates or maintains, a child day program or family day system.

"Licensee" means any person to whom a conditional license, a license, or a provisional license has been issued and who is legally responsible for compliance with the licensing standards related to the operation or maintenance of the child day program or family day system.

"Licensing standards" or "standards" means the standards of care and safety for operation of a child day program or family day system as set forth in this chapter, Chapter 14.1 of Title 22.1 of the Code of Virginia, the Standards for Licensed Child Day Centers (8VAC20-780), the Standards for Licensed Family Day Homes (8VAC20-800), or the Minimum Standards for Licensed Family Day Systems (8VAC20-810).

"Living in" means staying at a child day center or family day home for more than 30 days out of a 45-day period.

"Person" means any individual; corporation; partnership; association; limited liability company; local government; state agency, including any department, institution, authority, instrumentality, board, or other administrative agency of the Commonwealth; or other legal or commercial entity that operates or maintains a child day program or family day system.

"Provisional license" means a license that may be issued when a licensee is temporarily unable to comply substantially with all of the requirements of the licensing standards.

"Registered" means a family day home that has met the standards for voluntary registration set forth in Voluntary Registration of Family Day Homes (8VAC20-850).

"Revocation" means the act of terminating a license during its effective dates for violations of any provision of Chapter 14.1 of Title 22.1 of the Code of Virginia or failure to comply with the limitations and standards set forth in a license.

"Superintendent" means the Superintendent of Public Instruction at the Department of Education and, except when prohibited by law, includes the superintendent's representatives.

"Sworn statement or affirmation" means a signed statement completed by a person attesting to whether the person has ever been (i) convicted of or the subject of pending charges of any crime within or outside the Commonwealth or an equivalent offense outside the Commonwealth or (ii) the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth.

"Variance" means a written determination by the superintendent that (i) a licensee or applicant for licensure as a child day program or family day system has demonstrated that implementation of a regulation promulgated by the board would impose a substantial financial or programmatic hardship and (ii) the suspension or modified implementation of such regulation would not adversely affect the safety and well-being of children in care.

Part II

Licensure Requirements

8VAC20-821-20. Necessity for license.

Every person that constitutes or that operates or maintains a child day program or family day system shall obtain the appropriate license from the superintendent, which may be renewed.

8VAC20-821-30. License.

A. A license is issued to a specific person. A license is not transferable from one person to another.

B. A license issued under this chapter shall expire two years from the effective date of the license. The superintendent may extend or shorten the duration of licensure periods for a child day program or family day system whenever, at the superintendent's sole discretion, it is administratively necessary to redistribute the workload for greater efficiency in staff utilization.

C. A license shall be issued on a form prescribed by the superintendent.

D. The license and any other documents required by the superintendent shall be posted in a conspicuous place on the licensed premises.

E. A license shall be issued with the following terms:

1. The name of the person to whom the license is issued;

2. The date the license is effective and the date the license expires;

3. The name in which the licensee is doing business;

4. The physical location of the facility;

5. The maximum number of children who may be in care at any time;

6. The age range of children for whom care may be provided; and

7. Any other stipulations or conditions that the superintendent may prescribe within the context of the licensing standards or laws.

F. Any administrative sanction imposed by a special order or any sanction imposed by a final order shall be considered a term of the license.

8VAC20-821-40. Qualifications for licensure.

A. Each application for licensure shall be made to the superintendent, in such form as the superintendent may prescribe, and shall include the following information:

1. The name and address of the applicant;

2. If the applicant is an association, partnership, limited liability company, or corporation, the names and addresses of its partners, members, officers, directors, or agents;

3. A description of the activities proposed to be engaged in;

4. A description of the facilities and services to be employed; and

5. Additional information as required by the superintendent.

B. The applicant shall submit a completed application, including all required documentation, and fee to the superintendent. No applicant may begin operations for which a license is required prior to being issued a license or a conditional license by the superintendent.

C. Every applicant for licensure as a child day program, family day home, or family day system shall have the following qualifications:

1. The applicant and any of the applicant's partners, members, officers, directors, or agents shall be of good character and reputation.

2. The applicant and any of the applicant's partners, members, officers, directors, or agents shall submit to a background check in accordance with licensing standards.

3. The applicant shall disclose whether the applicant or any of the applicant's partners, members, officers, directors, or agents has ever had a license issued by any local, state, or national regulatory body that has been revoked, suspended, denied, or surrendered in lieu of an adverse action.

4. The applicant and any of the applicant's partners, members, officers, directors, or agents shall be at least 18 years of age.

5. The applicant shall demonstrate financial responsibility.

6. The applicant shall have completed a prelicensure orientation offered through or approved by the superintendent that focuses on health and safety standards, application processes, background check requirements, and general licensure requirements.

a. The superintendent may, at the superintendent's discretion, waive the prelicensure orientation requirement or issue a license conditioned upon the applicant's completion of the prelicensure orientation program.

b. Applicants who have previously completed the prelicensure orientation program training and have not been subject to a license denial or revocation shall not be required to complete the prelicensure orientation program a second time.

7. The applicant shall demonstrate compliance with all applicable licensing standards.

D. Applicants for licensure as a child day center shall meet the requirements of 8VAC20-821-50 regarding buildings and functional design.

E. The applicant shall at all times allow the superintendent reasonable access and opportunity to make on-site inspection of the facility in order to determine compliance with applicable licensing standards.

F. The applicant shall allow the superintendent reasonable opportunity to inspect the applicant's records. Records that contain confidential proprietary information furnished to the department pursuant to this section shall be exempt from disclosure pursuant to subdivision 4 of § 2.2-3705.5 of the Code of Virginia.

G. The applicant shall allow the superintendent to interview the applicant's agents and employees and any person living or participating in the applicant's facilities or under the applicant's custody, control, direction, or supervision in accordance with subsection A of § 22.1-289.018 of the Code of Virginia.

H. It is the responsibility of the applicant to demonstrate qualifications for licensure and compliance with licensing standards. All such determinations of qualification and compliance shall be at the discretion of the superintendent. Failure to demonstrate qualifications and compliance for licensure may constitute grounds for denying a license.

I. No license shall be issued to an applicant that does not constitute a child day program or family day system.

8VAC20-821-50. Buildings and functional design.

A. Buildings for applicants as child day programs or family day systems shall be classified by and meet the specifications for the proper Use Group as required by the Virginia Uniform Statewide Building Code (13VAC5-63).

B. An applicant for licensure as a child day center shall submit inspection reports from state or local fire authorities, as applicable, to determine compliance of the building with the Virginia Statewide Fire Prevention Code (13VAC5-51).

C. An applicant for licensure as a child day center shall submit inspection reports from state or local health authorities that shall include approval of general sanitation and, if applicable, water supply, sewage disposal systems, and food service operations for the building in which the facility is operated.

D. The building used by an applicant as a child day center shall meet all functional design requirements.

E. Applicants are encouraged to consult as early as possible with the department regarding building plans and licensing standards in order to avoid noncompliance.

8VAC20-821-60. Modification of the terms of the license.

A. A licensee may submit a written request to the superintendent for a modification of the terms of the license at any time during the license period.

B. If the superintendent grants a modification, the department will issue a modified license reflecting the changes.

C. No modification shall be granted to change or replace the person to whom the license was granted.

8VAC20-821-70. Variances.

A. Any request for a variance shall be made to the superintendent and shall be in writing on a form prescribed by the superintendent. The request for a variance shall include the following:

1. The specific requirements for which the applicant or licensee is requesting a variance;

2. A detailed description of the substantial programmatic or financial hardship that will be caused by the applicant or licensee's compliance with the requirements for which the variance is requested; and

3. The proposed alternative to the requirement that will protect the safety and well-being of the children in care.

B. When requested by the superintendent, the applicant or licensee requesting the variance shall obtain additional information to substantiate either (i) that compliance with the requirements will cause substantial programmatic or financial hardship or (ii) that the proposed alternative to the requirement will protect the safety and well-being of the children in care. Such additional information may include the opinions of professionals in the field, research, or studies.

C. The superintendent may attach conditions to a variance upon approval.

D. A variance may be rescinded or modified upon a change in the facts upon which the superintendent relied in granting the variance.

E. A variance is not transferable between persons.

F. The superintendent shall review each approved variance at least annually.

G. No applicant or licensee shall make the programmatic change for which the variance was requested prior to receiving written approval from the superintendent. Initiating the programmatic change prior to receiving approval for the variance shall be grounds for denying the request for the variance and may constitute grounds for adverse action.

8VAC20-821-80. Conditional license.

A. The superintendent may issue a conditional license to an applicant in order to permit the applicant to demonstrate compliance with the requirements for licensure. A conditional license may be issued for a term not to exceed six months. A conditional license may be renewed, but a conditional license may not be held for longer than six months from the original issuance of the conditional license.

B. If, at the end of the conditional license, the applicant is still unable to demonstrate compliance with all of the licensure requirements, the application for initial licensure shall be denied.

C. A conditional license may be voided and a license issued if the superintendent determines that the applicant meets the qualifications for licensure.

8VAC20-821-90. Refusal of license issuance.

When issuance of a license for a child day program or family day system has been refused by the superintendent, the applicant shall not, for a period of six months, apply again for such license, unless the superintendent in the superintendent's sole discretion believes that there has been such a change in the conditions on account of which the license was refused as to justify considering a new application. When an appeal is taken by the applicant pursuant to subsection A of § 22.1-289.024 of the Code of Virginia, the six-month period shall be extended until a final decision has been rendered on appeal.

Part III

Renewal

8VAC20-821-100. Renewal required.

Every person issued a license that has not been suspended or revoked shall renew such license prior to its expiration.

8VAC20-821-110. Qualifications for renewal.

A. Prior to the expiration date shown on the license, a licensee desiring to renew a license shall return to the superintendent a completed renewal application and appropriate fee. Failure to receive notices from the superintendent regarding license renewal does not relieve the licensee of the obligation to renew.

B. The renewal applicant shall have met the requirements of 8VAC20-821-50 regarding the approval of buildings and functional design.

C. The renewal applicant shall demonstrate compliance with licensing standards.

D. As required by Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia, the renewal applicant and any of the applicant's partners, members, officers, directors, or agents shall submit to a background check in accordance with licensing standards.

E. The renewal applicant shall at all times allow the superintendent reasonable access and opportunity to make on-site inspection of the proposed facility in order to determine compliance with licensing standards. Such on-site inspections may occur at any time during the license term and may be unannounced.

F. The renewal applicant shall at all times allow the superintendent reasonable opportunity to inspect the renewal applicant’s records. Records that contain confidential proprietary information furnished to the department pursuant to this section shall be exempt from disclosure pursuant to subdivision 4 of § 2.2-3705.5 of the Code of Virginia.

G. The renewal applicant shall at all times allow the superintendent to interview any person under the renewal applicant's custody, control, direction, or supervision. Interviews shall be (i) authorized by the person to be interviewed or the person's legally authorized representative and (ii) limited to discussion of issues related to the applicant's compliance with applicable laws and licensing standards.

H. It is the responsibility of the renewal applicant to demonstrate that the licensee meets all qualifications for renewal. All determinations of qualifications shall be at the discretion of the superintendent. Failure to demonstrate qualifications for licensure shall constitute grounds for denying a license renewal.

I. No license will be renewed for a licensee that does not constitute a child day program or family day system during the licensure period immediately preceding renewal.

8VAC20-821-120. Refusal of renewal.

A. The superintendent may refuse a renewal application for (i) failure to meet the qualifications for renewal or violation of licensing standards or (ii) failure to comply with the terms of an order by the superintendent.

B. When renewal of a license for a child day program or family day system has been refused by the superintendent, the applicant shall not, for a period of six months, apply again for such license, unless the superintendent in the superintendent's sole discretion believes that there has been such a change in the conditions on account of which the license was refused as to justify considering a new application. When an appeal is taken by the applicant pursuant to subsection A of § 22.1-289.024 of the Code of Virginia, the six-month period shall be extended until a final decision has been rendered on appeal.

8VAC20-821-130. Provisional license.

A. The superintendent may issue a provisional license to a renewal applicant when the applicant is temporarily unable to comply with all of the licensure requirements. A provisional license may be issued for a term not to exceed six months. A provisional license may be renewed, but a provisional license may not be held for longer than six months from the original issuance of the provisional license.

B. If, at the end of the provisional license, the renewal applicant is still unable to comply with all of the licensure requirements, the application for renewal shall be denied.

C. A provisional license may be voided and the license renewed if the superintendent determines that the renewal applicant meets the qualifications for renewal.

Part IV

Application Fees

8VAC20-821-140. Application fees nonrefundable; application date.

A. All application fees for licenses are nonrefundable.

B. The date that the application fee is received by the superintendent shall be the date that the application was received.

C. An applicant for initial licensure shall submit a completed application to the superintendent within six months of the date that the application was received. Applications that remain incomplete after six months of the date the application was received will be closed, and the applicant will be required to submit a new application with a new fee.

D. An applicant for license renewal shall submit a completed renewal application prior to the date the applicant's license expires.

E. Application fees shall not be applicable to facilities, centers, or agencies operated by federal entities.

8VAC20-821-150. Application fees.

A. The fee required for each child day program will be based upon its licensed capacity. The following fee schedule applies to child day programs that operate at least 12 weeks of a 12-month period:

Capacity	Two-year licensing fee
1-12	$28
13-25	$70
26-50	$140
51-75	$210
76-200	$280
201 or more	$400

B. The following fee schedule applies to child day programs that operate less than 12 weeks of a 12-month period:

Capacity	Two-year licensing fee
1-50	$50
51 or more	$110

C. Family day systems will be subject to a license fee of $140.

D. A fee will be charged for checks that must be returned to the applicant because of insufficient funds.

Part V

Background Checks

8VAC20-821-160. Scope of background check regulations.

This part applies to any person required to have a background check by Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia.

8VAC20-821-170. Background checks required.

A. Any person required to have a background check shall follow the provisions of Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia regarding background checks.

B. Any person 14 years of age or older living in the home of a licensed or registered family day home shall request a Virginia child protective services central registry check within seven days of reaching 14 years of age or beginning to live in the home.

8VAC20-821-180. Disqualifying background checks; prohibitions.

A. No child day center, family day home, or family day system licensed in accordance with the provisions of this chapter, child day center exempt from licensure pursuant to § 22.1-289.031 of the Code of Virginia, registered family day home, family day home approved by a family day system, or child day center, family day home, or child day program that enters into a contract with the department or its agents or designees to provide child care services funded by the Child Care and Development Block Grant shall hire for compensated employment, continue to employ, or permit to serve as a volunteer who will be alone with, in control of, or supervising children any person who (i) has been convicted of any barrier crime as defined in § 19.2-392.02 of the Code of Virginia or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth.

B. Notwithstanding the provisions of subsection A of this section, a child day center may hire for compensated employment persons who have been convicted of not more than one misdemeanor offense under § 18.2-57 of the Code of Virginia, or any substantially similar offense under the laws of another jurisdiction, if 10 years have elapsed following the conviction, unless the person committed such offense while employed in a child day center or the object of the offense was a minor.

C. If any person specified in subsection A of § 22.1-289.036 of the Code of Virginia (i) has been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth, and such person has not been granted a waiver by the superintendent pursuant to § 22.1-289.038 of the Code of Virginia, no license as a child day center, family day home, or family day system or registration as a family day home shall be granted by the superintendent and no approval as a family day home shall be granted by the family day system.

D. No person specified in subsection A of § 22.1-289.036 of the Code of Virginia shall be involved in the day-to-day operations of the child day center, family day home, or family day system, or shall be alone with, in control of, or supervising one or more children, without first having completed any required background check.

E. Dissemination of background check information is prohibited other than to the superintendent or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination.

8VAC20-821-190. Out-of-state child abuse and neglect registry and criminal history record searches.

A. If any individual required to get a background check has lived in another state in the past five years and the results of the request to search the child abuse and neglect registry or criminal history record maintained by that state has not been returned, the individual shall obtain the following before the background check may be considered complete:

1. Documentation of the refusal from the state if no search was performed; or

2. Documentation showing that the individual contacted the state in writing to obtain the results of the child abuse and neglect registry or criminal record history at least 45 days after the initial request.

B. Any documentation obtained pursuant to subsection A of this section shall be maintained as part of the background check record.

8VAC20-821-200. New background checks.

The child day program or family day system, the department, or the registering or approving authority may require a new background check if there is reason to suspect that a person required to have a background check has a disqualifying background.

8VAC20-821-210. Maintenance of background check records.

A. A child day program or family day system shall keep background check records at its place of business for at least two years after the background check is required, unless federal or state law or regulation requires the records to be kept for longer. If multiple child day programs are owned by the same entity, such records may be kept at a single location and shall be made available to the superintendent upon request.

B. Background check records shall be kept in locked files or a secure electronic file, and access to such files should be restricted according to a principle of least privilege.

C. Family day systems shall keep background check records for family day homes approved by the system.

8VAC20-821-220. Waiver of criminal convictions.

A. Any person who seeks to operate, volunteer, or work at a child day program or family day system and who is disqualified because of a criminal conviction or a criminal conviction in the background check of any other adult living in a family day home regulated by the department, pursuant to § 22.1-289.035, 22.1-289.036, or 22.1-289.039 of the Code of Virginia, may apply in writing for a waiver from the superintendent. The superintendent may grant a waiver if the superintendent determines that (i) the person is of good moral character and reputation and (ii) the waiver would not adversely affect the safety and well-being of children in the person's care.

B. The superintendent shall not grant a waiver to any person who has been convicted of any barrier crime.

C. The superintendent may grant a waiver to a family day home licensed or registered by the department if any other adult living in the home of the applicant or provider has been convicted of not more than one misdemeanor offense under § 18.2-57 or 18.2-57.2 of the Code of Virginia, or any substantially similar offense under the laws of another jurisdiction, provided that (i) five years have elapsed following the conviction and (ii) the department has conducted a home study that includes (a) an assessment of the safety of children placed in the home and (b) a determination that the offender is now a person of good moral character and reputation. The waiver shall not be granted if the adult living in the home is an assistant or substitute provider or if such adult has been convicted of a misdemeanor offense under both §§ 18.2-57 and 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction.

D. The request for a waiver shall be submitted on a form prescribed by the superintendent.

E. Waivers are granted at the discretion of the superintendent and are not subject to appeal.

F. A waiver is granted to a specific person and shall include the following:

1. The name of the individual who is the subject of the waiver;

2. The name and location of the child day program or family day system;

3. The effective date of the waiver;

4. Any stipulations or conditions upon which the waiver is granted;

5. The criminal conviction for which the waiver is granted;

6. The date of the criminal conviction; and

7. The signature of the superintendent.

G. A person to whom a waiver is granted shall notify the superintendent if any of the terms, stipulations, or conditions upon which the waiver was granted have changed and shall request a modification from the superintendent if appropriate.

H. The superintendent may rescind a waiver if the superintendent determines that (i) the waiver application contained materially false or misleading information, (ii) the stipulations or conditions upon which the waiver was granted have been violated, or (iii) the person no longer meets the criteria for a waiver.

I. A waiver automatically expires when the individual who is the subject of the waiver no longer lives in the home.

8VAC20-821-230. Public notification of waivers.

A. The child day program or family day system shall post any waiver granted by the superintendent in a conspicuous place at the location listed on the waiver.

B. Any waiver granted under this section shall be available for inspection by the public. The child day program or family day system shall notify in writing every parent of the children in its care of any waiver granted by the superintendent, as well as notify in writing the parent of any child subsequently enrolled for as long as the waiver remains effective.

Part VI

Standards of Conduct

8VAC20-821-240. Determination of continued compliance.

A. In order to determine continued compliance with licensing standards during the effective dates of the license, the superintendent will perform inspections in accordance with § 22.1-289.018 of the Code of Virginia.

B. The licensee is responsible for correcting any areas of noncompliance found during any inspection.

8VAC20-821-250. Maintenance of license.

A. An applicant or licensee shall at all times keep the superintendent informed of its current mailing address, telephone number, and email address.

B. An applicant or licensee shall notify the superintendent immediately of any change of ownership or business formation.

8VAC20-821-260. Provision of records to the superintendent.

An applicant or licensee shall produce any records to the superintendent during an inspection or within the timeframe specified by the superintendent if an extension is granted. Records produced for the superintendent pursuant to this section that contain confidential or proprietary information shall be exempt from disclosure pursuant to subdivision 4 of § 2.2-3705.5 of the Code of Virginia.

8VAC20-821-270. Prohibited acts.

The following are prohibited acts by an applicant or licensee and may be subject to enforcement and sanctions:

1. Furnishing substantially inaccurate or incomplete information to the superintendent in obtaining, renewing, reinstating, or maintaining a license;

2. Making any materially false or misleading statement to the superintendent with respect to the operation of any child day program or family day system;

3. Failure to operate within the terms of a license or variance;

4. Failure to obtain from the superintendent a modification pursuant to 8VAC20-821-60 or variance pursuant to 8VAC20-821-70 prior to making programmatic or operational changes for which a modification or variance is required;

5. Failure to obtain a background check in accordance with Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia;

6. Failure to post the following documents in a conspicuous location on the premises of each facility:

a. The most recently issued license. Any conditional or provisional license shall be posted at each public entrance of the facility and a notice shall be prominently displayed next to the license that states that a description of specific violations of licensing standards to be corrected and the deadline for completion of such corrections is available for inspection at the facility or on the facility's website, if applicable;

b. Notice of the superintendent's intent to revoke or deny renewal of the license of a child day program or family day system. Such notice will be provided by the department and shall be posted in a prominent place at each public entrance of the facility to advise consumers of serious or persistent violations;

c. A copy of any final order of summary suspension of all or part of a license for a child day program or family day system operated by an agency of the Commonwealth shall be prominently displayed by the provider at each public entrance of the facility, or the provider may display a written statement summarizing the terms of the order, printed in clear and legible size and typeface, in a prominent location and identifying the location within the facility where the final order of summary suspension may be reviewed;

d. Any notice of the superintendent's intent to take any of the actions enumerated in subdivisions B 1 through B 6 of § 22.1-289.023 of the Code of Virginia. Such notice will be provided by the department, and a copy of the notice shall be posted in a prominent place at each public entrance of the facility to advise consumers of serious or persistent violations;

e. A copy of any special order issued by the department shall be posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations; and

f. Any other documents required by the superintendent;

7. Failure to correct any area of noncompliance found during any inspection;

8. Permitting, aiding, or abetting the commission of any illegal act in the licensed facility or agency;

9. A licensee being convicted of any barrier crime as defined in § 19.2-392.02 of the Code of Virginia or being the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;

10. Hiring for compensated employment, continuing to employ, or permitting to serve as a volunteer who will be alone with, in control of, or supervising children any person who (i) has been convicted of any barrier crime as defined in § 19.2-392.02 of the Code of Virginia or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;

11. Failure to notify the superintendent that anyone required to have a background check under § 22.1-289.036 of the Code of Virginia has been convicted of a barrier crime as defined in § 19.2-392.02 of the Code of Virginia or is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;

12. Engaging in conduct or practices that are in violation of laws or regulations relating to abuse, neglect, or exploitation of children;

13. Interfering with the superintendent in the discharge of the superintendent's licensing duties, which includes forbidding the superintendent access to a location when at least one child is in care; and

14. Failure to comply with the terms of an order issued by the superintendent.

Part VII

Violation Review

8VAC20-821-280. Review process.

A. If an applicant or licensee believes that a licensing standard has been applied or interpreted in a manner that is arbitrary or capricious, the applicant or licensee may request a review by program supervisory personnel.

B. A request for review shall be in writing and shall be made within five business days of receiving a notice of violation. The request shall contain the following information:

1. The date that the application of the licensing standard that is being challenged was made;

2. The reasons why the applicant or licensee believes that the application of the licensing standard was arbitrary or capricious; and

3. All relevant documentation supporting the rationale of the applicant or license that the application of the licensing standard was arbitrary or capricious.

C. Nothing in this section shall be construed to prohibit the superintendent from exercising the superintendent's responsibility and authority, including proceeding directly to the imposition of administrative sanctions, summary suspension, or recommending petitions for injunction.

Part VIII

Sanctions

8VAC20-821-290. Administrative sanctions.

A. Notwithstanding any other provision of law, following a proceeding as provided in § 2.2-4019 of the Code of Virginia, the superintendent may issue a special order for (i) violation of any of the provisions or any regulation adopted under the provisions of Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia or § 54.1-3408 of the Code of Virginia for which violation adversely affects or is an imminent and substantial threat to the health, safety, or welfare of the person cared for or (ii) permitting, aiding, or abetting the commission of any illegal act in a child day program or family day system. Notice of the superintendent's intent to take any of the actions enumerated in subdivisions B 1 through B 6 of this section shall be provided by the department, and a copy of such notice shall be posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations. The issuance of a special order shall be considered a case decision as defined in § 2.2-4001 of the Code of Virginia. Actions set forth in subsection B of this section may be appealed by (a) a child day program or family day system operated by an agency of the Commonwealth in accordance with § 22.1-289.025 of the Code of Virginia or (b) any other child day program or family day system in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). The superintendent shall not delegate the superintendent's authority to impose civil penalties in conjunction with the issuance of special orders.

B. The superintendent may take the following actions regarding child day programs and family day systems through the issuance of a special order and may require a copy of the special order provided by the department to be posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations:

1. Place a licensee on probation upon finding that the licensee is substantially out of compliance with the terms of the license and that the health and safety of children is at risk;

2. Reduce the licensed capacity or prohibit new admissions when the superintendent concludes that the licensee cannot make necessary corrections to achieve compliance with regulations except by a temporary restriction of its scope of service;

3. Mandate training for the licensee or licensee's employees, with any costs to be borne by the licensee, when the superintendent concludes that the lack of such training has led directly to violations of regulations;

4. Assess civil penalties of not more than $500 per inspection upon finding that the child day program or family day system is substantially out of compliance with the terms of its license and the health and safety of children is at risk; however, no civil penalty shall be imposed pursuant to this subdivision on any child day program or family day system operated by an agency of the Commonwealth;

5. Require licensees to contact parents, guardians, or other responsible persons in writing regarding health and safety violations; and

6. Prevent licensees who are substantially out of compliance with the licensure terms or in violation of the regulations from receiving public funds.

8VAC20-821-300. Revocation.

The superintendent may revoke the license of any child day program or family day system that violates any provision of this chapter, Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia, or fails to comply with the limitations and standards set forth in its license.

8VAC20-821-310. Summary suspension.

The superintendent may, in accordance with the provisions of § 22.1-289.022 of the Code of Virginia, issue a notice of summary suspension of the license of any child day program or family day system, in conjunction with any proceeding for revocation, denial, or other action, when conditions or practices exist in the child day program or family day system that pose an immediate and substantial threat to the health, safety, and welfare of the children receiving care, and the superintendent believes the operation of the child day program or family day system should be suspended during the pendency of such proceeding.

8VAC20-821-320. Consent agreements.

A. Instead of an adverse action, an applicant or licensee may enter into a consent agreement with the superintendent.

B. A consent agreement between an applicant or licensee and the superintendent shall include the following:

1. Dates of key actions and events and the names of the parties;

2. An assertion that all violations detailed in the notice of intent have been corrected;

3. A description in detail of the case-specific systemic solution proposed that addresses the causes of the past history of violations, including the methods the licensee has in place to prevent violations and to monitor results;

4. A stipulation by the licensee to the validity of the violations enumerated in the specified correspondence and a waiver of all rights to an informal conference or hearing under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) related to those violations;

5. A statement by the licensee that all determinations as to whether the terms of the agreement are being implemented and the intended results achieved are at the sole discretion of the superintendent;

6. The duration of the consent agreement. The consent agreement will be effective once signed by both parties;

7. A statement that when the superintendent signs the agreement, signifying final acceptance, the superintendent is also agreeing to rescind the outstanding adverse action, and that the licensee is agreeing to withdraw all appeals to that action; and

8. A statement outlining conditions for termination of the consent agreement and the nature of the licensee's appeal rights in that event.

C. Throughout the duration of the consent agreement, licensing staff will make frequent inspections to determine (i) whether the terms of the consent agreement are being implemented and (ii) whether the intended results of the consent agreement are being achieved.

Part IX

Appeals

8VAC20-821-330. Appeal from renewal, denial of renewal, or revocation of license.

A. Whenever the superintendent refuses to issue a license or to renew a license or revokes a license for a child day program or family day system operated by an agency of the Commonwealth, the provisions of § 22.1-289.025 the Code of Virginia shall apply.

B. Whenever the superintendent refuses to issue a license or to renew a license or revokes a license for any child day program or family day system other than a child day program or family day system operated by an agency of the Commonwealth, the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) shall apply.

C. However, those appeals from notice of the superintendent's intent to refuse to issue or renew or to revoke a license shall be received in writing from the child day program or family day system operator within 15 days of the date of receipt of the notice. Judicial review of a final review agency decision shall be in accordance with the provisions of the Administrative Process Act and any applicable Rules of the Supreme Court of Virginia. No stay may be granted upon appeal to the Supreme Court or the Court of Appeals.

TITLE 9. ENVIRONMENT

VIRGINIA WASTE MANAGEMENT BOARD

Forms

Title of Regulation: 9VAC20-90. Solid Waste Management Permit Action Fees and Annual Fees.

Agency Contact: Sanjay Thirunagari, Programs Manager, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 659-1532, or email sanjay.thirunagari@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. 12/2018)

Solid Waste Annual Permit Quarter Payment Form PF001 (rev. 6/2023)

Solid Waste Annual Permit Quarter Payment Form PF001 (rev. 6/2024)

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

Title of Regulation: 9VAC25-780. Local and Regional Water Supply Planning (amending 9VAC25-780-10, 9VAC25-780-20, 9VAC25-780-30, 9VAC25-780-50 through 9VAC25-780-120, 9VAC25-780-140, 9VAC25-780-150, 9VAC25-780-160, 9VAC25-780-180; adding 9VAC25-780-45, 9VAC25-780-55, 9VAC25-780-125, 9VAC25-780-9999; repealing 9VAC25-780-40, 9VAC25-780-130).

Statutory Authority: §§ 62.1-44.15 and 62.1-44.38:1 of the Code of Virginia.

Effective Date: October 9, 2024.

Agency Contact: Hannah Somers, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 814-2780, or email hannah.somers@deq.virginia.gov.

Summary:

Pursuant to Chapter 1105 of the 2020 Acts of Assembly and Chapter 331 of the 2022 Acts of Assembly, the amendments (i) establish regional planning areas; (ii) identify the particular regional planning area in which each locality shall participate and a procedure for a locality to request a change to its planning area; (iii) require localities to invite stakeholder groups to participate in coordinated resource planning; (iv) incorporate language to address new statutory requirements that the Department of Environmental Quality (DEQ) facilitate regional water planning efforts, ensure localities coordinate in the development of water supply plans, prioritize allocation of funding to localities that participate in regional planning, and provide estimates of water supply shortfalls for each locality and region; (v) require that each regional water supply plan clearly identify the regional planning area's water supply risks and propose regional strategies to address those risks; (vi) revise the existing water supply plan development, submission, and review procedures to accommodate regional plans; and (vii) clarify the roles of localities, stakeholders, and DEQ in the regional planning process.

Changes to the proposed regulation have been made pursuant to Chapters 36 and 37 of the 2023 Acts of Assembly to recognize localities using the Potomac River as a water supply source as a distinct drought evaluation region and require those localities to incorporate the provisions of the Metropolitan Washington Water Supply and Drought Awareness Response Plan: Potomac River System (Metropolitan Washington Council of Governments, 2000).

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.

9VAC25-780-10. Application.

A. All counties, cities and towns (hereinafter "local governments") local governments in the Commonwealth of Virginia shall submit a local water supply plan or shall participate in a regional planning unit in the submittal of a regional water supply plan to the board in accordance with this chapter participate in cross-jurisdictional, coordinated water resource planning and shall develop and submit, with the other local governments within a regional planning area, a single jointly produced regional water plan to the board. B. The provisions of this regulation shall not affect any water supply project for which a permit application was submitted prior to January 1, 2003, to any state or federal agency. The provisions of this regulation shall not affect any water supply project for which To the extent any provision of this chapter is applicable to or otherwise affects an application for a permit, license, grant, loan, or other request for funding has been of any kind made to a state or federal agency prior to January 1, 2003, such application shall be subject to the version of this chapter in effect on the date the application is submitted. All projects shall remain subject to applicable federal and state regulatory requirements.

C. B. Nothing in this chapter shall be construed as altering or authorizing any alteration of any existing surface water, ground water groundwater, or common law water rights; contractual rights or obligations relating to water supplies; or rights to freely enter into contracts or agreements relating to water supplies of any property owner within the Commonwealth local government, water authority, or person, except as required by federal or state law.

D. C. The review required by 9VAC25-780-140 shall not be a prerequisite for applying for a permit from the Commonwealth of Virginia for a water supply project.

9VAC25-780-20. Purpose of chapter.

The purpose of this chapter is to establish a comprehensive water supply planning process for the collection of certain data by localities and the development of local, regional, and state water supply plans. This process shall be designed to (i) ensure that adequate and safe drinking water is available to all citizens of the Commonwealth; (ii) encourage, promote, and protect all other beneficial uses of the Commonwealth's water resources; and (iii) encourage, promote, and develop incentives for alternative water sources, including but not limited to desalinization; and (iv) encourage the development of cross-jurisdictional water supply projects.

This chapter establishes the required planning process and criteria that local governments with the participation of other stakeholders shall use in the development of the local data and regional water supply plans.

9VAC25-780-30. Definitions.

Unless otherwise defined in this chapter or unless the context clearly indicates otherwise, the terms used in this regulation chapter shall have the meanings ascribed to them by the State Water Control Law, Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia; the Ground Water Management Act of 1992, Chapter 25 (§ 62.1-254 et seq.) of Title 62.1 of the Code of Virginia; the Virginia Water Protection Permit Program Regulation, 9VAC25-210; and the Surface Water Management Area Regulation, 9VAC25-220, including any general permits issued thereunder.

"Beneficial use" means both in-stream and offstream uses. In-stream beneficial uses include, but are not limited to, the protection of fish and wildlife habitat, maintenance of waste assimilation, recreation, navigation, and cultural and aesthetic values. Offstream beneficial uses include, but are not limited to, domestic (including public water supply), agricultural, electric power generation, and commercial and industrial uses has the meaning defined in 9VAC25-210-10 with respect to surface water and the meaning defined in 9VAC25-610-10 with respect to groundwater.

"Board" means the State Water Control Board.

"Community water system" means a waterworks that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents, and is regulated by the Virginia Department of Health Waterworks Regulations (12VAC5-590).

"Conservation" means practices, techniques, and technologies that improve the efficiency of water use.

"Department" means the Department of Environmental Quality.

"Local government" means a city, incorporated town, or county.

"Local program" means the combined water plan, resource conditions, and drought response and contingency plan developed in compliance with this regulation. The term "local program" will be used in this regulation to mean either local or regional programs. The term "program" implies the institution of a continuous planning process for maintenance of these documents.

"Planning area" means the geographical area as defined by local government boundaries that is included in a local or regional water supply plan.

"Planning period" means the 30-year to 50-year time frame timeframe used by the locality local governments and regional planning units to project future water demand in accordance with 9VAC25-780-100 B.

"Regional planning area" means the geographical area as defined by 9VAC25-780-45 that is included in a regional water supply plan.

"Regional planning unit" means a collection of local governments who have voluntarily elected to, water authorities, and participating stakeholders that shall develop and submit a regional water supply plan. A regional planning unit may be composed of all local governments located within the bounds of a planning district, any subset of local governments within the bounds of a planning district, or any group of local governments within multiple planning districts. Planning district commissions are encouraged to participate in the regional planning unit.

"Regional water supply plan" means a water plan the document developed and submitted by two or more cities or counties or both. A town and an adjacent county may develop a regional water plan. Two or more towns may develop and submit a regional water plan where the plan results in the proposed development of future water supply projects that address the water supply demands of the affected towns. Such plans developed by two or more towns may be included in regional water plans developed and submitted by counties or cities. Regional water plans shall be developed and submitted in conjunction with all public service authorities operating community water systems within the by a regional planning unit, if applicable for a regional planning area in compliance with 9VAC25-780-50 D.

"Self-supplied user" means any person making a withdrawal of surface water or ground water groundwater from an original source (e.g., a river, stream, lake, aquifer, or reservoir fed by any such water body) for their own use. Self-supplied users do not receive water from a community water system.

"Service area" means the geographical area served by a community water system.

"Stakeholder" includes industrial and agricultural water users, public water authorities, private water suppliers, developers and economic development organizations, and conservation and environmental organizations.

"State Water Resources and Supply Plan" is a plan developed to address the criteria of § 62.1-44.38 B of the Code of Virginia using information developed by local governments and used to develop regional water supply plans.

"Technical evaluation committee" means a committee of state agencies, including but not limited to the Virginia Department of Health, the Department of Conservation and Recreation, the Marine Resources Commission, the Department of Historic Resources, and the Department of Game and Inland Fisheries Wildlife Resources, convened by the Department of Environmental Quality in accordance with subdivision 8 of 9VAC25-780-60 to provide comments on the impacts to or conflicts among in-stream and offstream beneficial uses resulting from proposed alternatives for meeting projected water demands.

"Unaccounted for losses water" means the difference between a community water system's billing records for volumes of water distributed and production records for volumes of water treated.

"Water authority" means a water supply entity created under Chapter 51 (§ 15.2-5100 et seq.) of Title 15.2 of the Code of Virginia.

"Water conservation" means practices, techniques, and technologies that improve the efficiency of water use.

"Water demand management" means plans for improving water use efficiency through water conservation, reuse, and reducing unaccounted for water losses contained in a local program.

"Water plan" means a document developed in compliance with this regulation. The term "water plan" will be used in this regulation to mean either local or regional water plans.

"Water sources" means wells, stream intakes, and springs, reservoirs, or aquifers that serve as sources of water supplies.

"Water supply risk" refers to a future circumstance or event that may reasonably impair the ability of one or more local governments, water authorities, or community water systems in the water planning area to meet current or projected water demand within the planning period. Water supply risks do not include (i) minor, infrequent, and temporary interruptions to the available water supply or water quality that may be remedied through the normal operation and maintenance of water supply systems; (ii) projected deficits in water supplies identified in accordance with the requirements of 9VAC25-780-100 I; or (iii) potential events or circumstances that are not reasonably foreseeable to occur within the planning period.

9VAC25-780-40. Program development. (Repealed.)

Local governments shall develop programs for local or regional water plans that are necessary to comply with this chapter. Local governments shall consult and coordinate with all community water systems in the planning area during the preparation of local or regional programs. Community water systems within the planning area shall cooperate and participate with the locality during preparation of the local program. Counties, cities, and towns are encouraged to develop regional programs. Local programs shall be designed to (i) ensure that adequate and safe drinking water is available, (ii) encourage and protect all beneficial uses, (iii) encourage and promote alternative water sources, and (iv) promote conservation.

9VAC25-780-45. Designation of Regional Planning Areas.

A. Regional planning areas are designated in subsection B of this section. Incorporated towns not listed in subsection B of this section shall participate in the same regional planning area as the county within which they are located.

B. The board designates the following regional planning areas:

1. The Big Sandy and Upper Tennessee Rivers 1 planning area encompasses the Counties of Lee, Scott, and Wise; and the City of Norton.

2. The Big Sandy and Upper Tennessee Rivers 2 planning area encompasses the Counties of Buchanan, Dickenson, Russell, Smyth, Tazewell, and Washington; and the City of Bristol.

3. The Chowan River 1 planning area encompasses the Counties of Brunswick, Lunenburg, Nottoway, and Prince Edward.

4. The Chowan River 2 planning area encompasses the Counties of Greensville, Surry, and Sussex; and the City of Emporia.

5. The Eastern Shore planning area encompasses the Counties of Accomack and Northampton.

6. The Middle James River 1 planning area encompasses the Counties of Albemarle, Buckingham, Fluvanna, Greene, and Louisa; and the City of Charlottesville.

7. The Middle James River 2 planning area encompasses the Counties of Amherst, Appomattox, Campbell, and Nelson; and the City of Lynchburg.

8. The Middle James River 3 planning area encompasses the Counties of Amelia, Chesterfield, Cumberland, Dinwiddie, Goochland, Hanover, Henrico, Powhatan, and Prince George; and the Cities of Colonial Heights, Hopewell, Petersburg, and Richmond.

9. The New River 1 planning area encompasses the Counties of Bland, Giles, Montgomery, and Pulaski; and the City of Radford.

10. The New River 2 planning area encompasses the Counties of Carroll, Floyd, Grayson, and Wythe; and the City of Galax.

11 The Northern Coastal Plain 1 planning area encompasses the Counties of Lancaster, Northumberland, Richmond, and Westmoreland.

12. The Northern Coastal Plain 2 planning area encompasses the Counties of Essex, King and Queen, Mathews, and Middlesex.

13. The Northern Coastal Plain 3 planning area encompasses the Counties of Caroline and King George.

14. The Northern Piedmont 1 planning area encompasses the Counties of Culpeper, Fauquier, Madison, Orange, and Rappahannock.

15. The Northern Piedmont 2 planning area encompasses the Counties of Spotsylvania and Stafford; and the City of Fredericksburg.

16 The Northern Virginia planning area encompasses the Counties of Fairfax, Loudoun, and Prince William; and the Cities of Alexandria, Arlington, Fairfax, Falls Church, Manassas, and Manassas Park.

17. The Roanoke River 1 planning area encompasses the Counties of Bedford, Franklin, and Roanoke; and the Cities of Bedford, Roanoke, and Salem.

18. The Roanoke River 2 planning area encompasses the Counties of Henry, Patrick, and Pittsylvania; and the Cities of Danville and Martinsville.

19. The Roanoke River 3 planning area encompasses the Counties of Charlotte, Halifax, and Mecklenburg.

20. The Shenandoah River 1 planning area encompasses the Counties of Augusta and Rockingham; and the Cities of Harrisonburg, Staunton, and Waynesboro.

21. The Shenandoah River 2 planning area encompasses the Counties of Clarke, Frederick, Page, Shenandoah, and Warren; and the City of Winchester.

22. The Southeast Virginia planning area encompasses the Counties of Isle of Wight and Southampton; and the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk, and Virginia Beach.

23 The Upper James River 1 planning area encompasses the Counties of Alleghany, Bath, and Highland; and the City of Covington.

24. The Upper James River 2 planning area encompasses the Counties of Botetourt, Craig, and Rockbridge; and the Cities of Buena Vista and Lexington.

25. The York and James River 1 planning area encompasses the Counties of Charles City, King William, and New Kent.

26. The York and James River 2 planning area encompasses the Counties of Gloucester, James City, and York; and the Cities of Hampton, Newport News, Poquoson, and Williamsburg.

C. A local government may request that the department change its designated regional planning area to an adjoining planning area. The request shall be in writing and shall demonstrate that the local government shares common water supply sources, river basin, or existing or planned cross-jurisdictional relationships with the planning area it proposes to join. The department will provide notice of the request to all designated representatives of local governments in the two affected regional planning areas. If no objections are received by the department within 30 days of notifying the designated representatives, the department shall approve the request. If one or more objections are received, the department shall approve or deny the request after considering the positions of the requesting and objecting parties in light of the purpose and objectives of this chapter. The department shall provide notice of any action to approve or deny a request to modify a regional planning area concurrently to the requesting local government and all other designated representatives in the affected regional planning areas. Department action approving a request shall be effective on the date the notice is provided.

9VAC25-780-50. Preparation of local information and regional water supply plan; submission of requirements for a program regional water supply plan.

A. Local governments must adopt a local program as defined in this section, including any revisions to comprehensive plans, water supply plans, water and sewer plans, and other local authorities necessary to implement this chapter. A local public hearing consistent with § 15.2-1427 of the Code of Virginia is required during the development of the local program. The public hearing may be combined with other public hearings that may be required. Each locality in a regional planning area shall assist its regional planning unit in developing and submitting a single jointly produced regional water supply plan to the department within five years from [ (insert the effective date of the regulation) October 9, 2024 ]. To meet this requirement, local governments must complete the following for use by the regional planning unit:

1. Prepare water source information from its jurisdiction that complies with 9VAC25-780-70.

2. Prepare existing water use information from its jurisdiction that complies with 9VAC25-780-80. This information must include a review of water reporting data provided by the department and supplemented to the extent practicable, with any locally known omissions of water users and service area maps for public water utilities.

3. Prepare existing water resource information from its jurisdiction that complies with 9VAC25-780-90.

4. Prepare a 30-year demand projection of water demand and any alternatives for deficits in meeting this demand from existing sources of supply for its jurisdiction that complies with 9VAC25-780-100.

5. Prepare water demand management information from its jurisdiction that complies with 9VAC25-780-110.

6. Prepare a minimum three-stage drought response and contingency plan for its jurisdiction consistent with local sources of supply and water use patterns that complies with 9VAC25-780-120.

B. All local governments shall submit a local program to the department in accordance with the following schedule:

1. Local governments with populations in excess of 35,000 persons based on the most recent U.S. Census shall do so no later than November 2, 2008.

2. Local governments with populations in excess of 15,000 persons but no more than 35,000 persons based on the most recent U.S. Census shall do so no later than November 2, 2009.

3. Local governments with populations less than or equal to 15,000 persons based on the most recent U.S. Census shall do so no later than November 2, 2010.

4. Notwithstanding the above, local governments may elect to participate in the submittal of regional water supply plans. By November 2, 2008, local governments participating in a regional plan shall provide notice to the department of the intent to participate in a regional plan and shall include the names of the other participating localities. Such regional plans shall be submitted no later than November 2, 2011.

Nothing in this section shall be construed as limiting the submittal of local or regional water supply plans before the date when such plans are due. In developing a regional water supply plan, regional planning units shall use the following process:

1. Each local government and water authority shall designate a representative and one or more alternates to represent its interests in the regional planning unit by submitting the names and contact information of such individuals to the department [ within (insert date 60 days from the effective date of the regulation) by December 8, 2024 ]. Local governments and alternates may jointly represent the local government and any water authority created by the local government. The department will collect and distribute the contact information for the designated representatives and alternates, and a list of the available data for all registered community water systems and self-supplied users that utilize more than 300,000 gallons of water in any month, to the members of each respective planning unit. The department shall maintain a current list of designated representatives and alternates and shall make the list publicly available to facilitate coordinated water supply planning.

2. The department will schedule and convene a kickoff meeting for each regional planning unit to provide guidance on the regional water plan development process, requirements, and timelines. The department will provide notice of the kickoff meeting, at a minimum, to (i) each designated representative for the regional planning unit; (ii) any other community water systems and self-supplied users that utilize more than 300,000 gallons of water in any month, including agricultural, industrial, and power generation users within the respective regional planning area; and (iii) any planning district commission whose territory includes all or part of the regional planning area. A kickoff meeting will be convened [ within (insert date 180 days from the effective date of this regulation) by April 7, 2025 ]. On the department's initiative or at the request of any designated representative, the department will schedule a kickoff meeting in preparation for revising a regional water supply plan in accordance with subsections I and J of this section.

3. Subdivisions B 1 and B 2 of this section shall not apply to any regional planning unit in which a planning district commission notifies the department that it will coordinate local government participation in the regional water supply plan development process in accordance with its authority under Chapter 42 (§ 15.2-4200 et seq.) of Title 15.2 of the Code of Virginia. Such notice may be submitted by any planning district commission whose territory includes the entire regional planning area. If the regional planning area embraces the territory of more than one planning district commission, a joint notice may be submitted by or on behalf of all such planning district commissions.

4. Each local government shall make reasonable efforts to consult and coordinate with all community water systems and self-supplied users that utilize more than 300,000 gallons of water in any month, including agricultural, industrial, and power generation users within its jurisdiction during the preparation of regional water supply plans. Regional planning units shall develop a process for other stakeholder participation in the preparation of a regional water supply plan.

5. To the extent practicable, regional water supply plans shall be consistent with the goals of § 62.1-44.38:1 A of the Code of Virginia to (i) ensure that adequate and safe drinking water is available; (ii) encourage and protect all beneficial uses; (iii) encourage and promote alternate water sources, including desalinization; (iv) promote water conservation; and (v) encourage the development of cross-jurisdictional water supply projects.

C. Local programs shall contain the elements listed below governments shall be responsible for collecting and compiling the information from within their locality necessary to comply with these requirements. This Any information may required to be collected, compiled, or provided by a local government shall be derived from existing, readily available information and additional detailed. Additional studies shall not be required. Information is readily available to a local government if it is (i) in the possession of the local government; (ii) provided by the department; (iii) available from a website or electronic database known to and accessible by the local government in an appropriate format; or (iv) provided by a third party in response to a written request from the local government. The regional water supply plan shall document any known information gaps.

D. Regional water supply plans shall contain the following elements:

1. A description of existing water sources in accordance with the requirements of 9VAC25-780-70;

2. A description of existing water use in accordance with the requirements of 9VAC25-780-80;

3. A description of existing water resource conditions in accordance with the requirements of 9VAC25-780-90;

4. An assessment of projected water demand in accordance with the requirements of 9VAC25-780-100;

5. A description of water management actions in accordance with the requirements of 9VAC25-780-110 and 9VAC25-780-120;

6. An identification of water supply risks and regional strategies to address identified risks in accordance with the requirements of 9VAC25-780-125;

7. A statement of need for the regional planning unit in accordance with the requirements of 9VAC25-780-130 9VAC25-780-100;

7. 8. An alternatives analysis that identifies potential alternatives to address projected deficits in water supplies in accordance with the requirements of 9VAC25-780-130; 9VAC25-780-100; and

8. 9. A map or maps identifying important elements of the program discussed in the water supply plan that may include existing environmental resources, existing water sources, significant existing water uses, and proposed new sources;

9. A copy of the adopted program documents including any local plans or ordinances or amendments that incorporate the local program elements required by this chapter;

10. A resolution approving the plan from each local government that is party to the plan; and

11. A record of the local public hearing, a copy of all written comments and the submitter's response to all written comments received.

D. All local programs shall be reviewed no later than five years after a compliance determination by the board E. Except as provided in subsection F of this section, a draft regional water supply plan shall not be deemed final and eligible for submission to the department until:

1. The public participation process in 9VAC25-780-55 has been completed; and

2. Each of the governing bodies of the local governments in the regional planning area has adopted a resolution authorizing the submission of the plan by the regional planning unit on the local government's behalf and provided a copy of the resolution to the regional planning unit.

F. If a local government fails or refuses to timely adopt the resolution referenced in subsection E of this section, the regional planning unit may provide written notice to the department identifying such local government. The regional planning unit may submit the water supply plan without a local government's authorization 60 days after the notice is provided to the department.

G. Regional water supply plans shall reflect the consensus of the local governments and water authorities in the regional planning unit. The regional planning units shall attempt to resolve any disagreement to produce a consensus. Any disagreements among local governments or water authorities that cannot be resolved through the plan development process shall be documented in the plan.

H. The following documents and supporting materials shall be appended to and submitted with the regional water supply plan [ for reference ].

1. A copy of supporting documents including any revisions to comprehensive plans, water supply plans, water and sewer plans, and other local ordinances necessary to implement the regional water supply plan;

2. Copies of any drought response and contingency plans required by 9VAC25-780-120;

3. A resolution approving the regional water supply plan from each local government;

4. A copy of all written comments and a response to all written comments received as required by 9VAC25-780-55; and

5. A summary of the processes used to ensure cross-jurisdictional coordinated water resource planning between local governments and to ensure stakeholder consultation, including a list of local governments and stakeholders that participated during the regional water supply plan development, including the process developed in accordance with subdivision B 4 of this section. Copies of any public notices, written comments received, and responses to the comments shall be included. Other correspondence and documentation, such as invitations, meeting agendas, and outreach materials may be included and shall be provided upon request by the department.

I. No later than 180 days before the five-year anniversary of the most recent compliance determination by the board in accordance with 9VAC25-780-140 F. Revised plans shall be submitted when, each regional planning unit shall initiate a process to review the regional water supply plan. If this review indicates that circumstances have changed or new information has been made available that will result in impacts one or more local governments within a regional planning unit resulting in substantial changes in current or proposed sources, demands, or water demands demand deficits or water supply risks that will were not be met by alternatives contained considered in the regional water plan, the regional planning unit shall prepare a supplement to the regional water supply plan addressing such circumstances or changed information. These The supplement shall be submitted to the department no later than 180 days after the five-year anniversary of the most recent compliance determination. Such circumstances may be caused by include changes in demands, the availability of the anticipated source sources, cumulative impacts, in-stream beneficial uses, or other factors. In the case where the review by the local government or regional planning unit indicates that the circumstances have not changed sufficiently to warrant a revision of the water supply plan after five years, the locality regional planning unit shall notify the department that the information in the existing plan is still in effect the most current available on or before the five-year anniversary of the most recent compliance determination. The actions of each regional planning unit under this subsection shall reflect the consensus of its local governments. A supplement to a regional water supply plan need not be publicly noticed or approved by resolution of the local governments.

E. J. Notwithstanding subsection D I of this section, all local programs regional water supply plans shall be reviewed, revised, and resubmitted to the department every 10 years after the date of last approval in accordance with procedures and requirements set forth in this chapter. Except in regional planning areas for which notice has been provided by a planning district commission in accordance with subdivision B 3 of this section, no later than 180 days before the 10-year anniversary of the most recent compliance determination by the board, the department shall schedule and convene a kickoff meeting to initiate the planning process for the development of the regional water supply plan. In regional planning areas for which notice has been provided by a planning district commission in accordance with subdivision B 3 of this section, the identified planning district commission shall convene a kickoff meeting no later than 180 days before the 10-year anniversary of the most recent compliance determination and shall invite the department to participate.

9VAC25-780-55. Public participation in regional water supply plans.

A. The draft regional water supply plan developed by the regional planning unit shall be publicly noticed once in a newspaper of general circulation in each county, city, and incorporated town in the regional planning area. A public notice in a newspaper of general circulation that covers multiple localities within a regional planning area shall satisfy this requirement for each local government included within that area of general circulation. The public notice shall include the following:

1. Brief description of the purpose of the draft regional water supply plan, including a list of all localities included in the regional planning area;

2. Identification of means for the public to obtain copies of the draft regional water supply plan in electronic and paper formats;

3. Announcement of a comment period of at least 30 days following the date of publication for interested persons to submit written comments to their respective local government;

4. Brief description of how to submit comments; and

5. Either (i) notice of a public informational meeting or (ii) a statement informing persons of their right to request a public informational meeting.

B. If 15 or more individual requests for a public informational meeting are received from commenters in any county, city, or incorporated town, the county, city, or incorporated town shall publish a second public notice of a public informational meeting to be held no sooner than 15 days from the date of the notice. Local governments may hold joint informational meetings.

C. A public informational meeting shall include a presentation summarizing the draft regional water supply plan and a reasonable opportunity for interested members of the public to offer comments or questions on the draft plan.

D. The local government shall accept any additional written comments received up to 15 days after the public informational hearing.

E. Written comments received by any local government shall be circulated to the designated representative for the other local governments in the regional planning area. Responses to public comments shall be prepared in either of the following ways, as determined by the regional planning unit:

1. Each local government shall prepare a written summary of any comments it has received and a response to those comments; or

2. The regional planning unit shall prepare a joint document providing a summary and response to all comments received by each local government in the regional planning area.

F. The regional planning unit shall give due consideration to public comments and may revise the draft regional water supply plan. The revised regional water supply plan need not be publicly noticed.

9VAC25-780-60. State role in program regional water supply plan preparation.

To assist local governments in the development of local programs regional water supply plans, the board department will:

1. Provide technical and financial assistance planning, policy, and technical assistance to each regional planning area differentiated according to each area's water supply challenges, existing resources, and other factors;

2. Provide financial assistance from any planning funds and prioritize the allocation of planning funds and other available funds to local governments that sufficiently participate in regional planning;

3. Provide guidance on compliance options;

3. 4. Facilitate acquisition of existing water resource conditions (the department shall prepare and post on its website a list of readily available sources for the items identified in 9VAC25-780-90 B);

4. 5. Facilitate acquisition of existing use information that has been reported to the department;

5. 6. Facilitate acquisition of water management information (the department shall prepare and post on its website a list of acceptable practices that are used with regard to the topics in 9VAC25-780-110);

6. 7. Identify acceptable methods for the projection of future water demands as per 9VAC25-780-100;

7. 8. Provide any information regarding known beneficial use conflicts relating to the development of alternatives as identified in the most recent State Water Resources and Supply Plan;

8. 9. Convene kickoff meetings for the regional planning units;

10. Follow up with localities that have been identified as not participating in the regional planning unit and the development of the regional water supply plan;

11. Ensure that local governments coordinate sufficiently in the development of regional plans;

12. Ensure that each regional plan clearly identifies the region's water supply risks and proposes strategies to address those risks;

13. At the request of the applicant, convene a technical evaluation committee meeting; and

9. 14. Provide notice on the department website of local public hearings informational meetings on the local program regional water supply plan upon notification by the locality.

9VAC25-780-70. Existing water source information.

A. Each local government within the regional planning area shall provide existing water source information to assist in the development of the regional water supply plan. A regional water supply plan shall include current information on existing water sources within the regional planning area.

B. Each local government within the regional planning area shall provide existing water source information for community water systems using groundwater to assist in the development of the regional water supply plan. A regional water supply plan shall include, for community water systems using ground water, groundwater: (i) the name and identification number of the well or wells, (ii) the well depth, (iii) the casing depth, (iv) the screen depth (top and bottom) or water zones, (v) the well diameter, (vi) the design capacity for the designed average daily withdrawal and maximum daily withdrawal, (vii) the system capacity permitted by the Virginia Department of Health, and (viii) the annual and monthly permitted amounts contained in ground water withdrawal permits for all wells located within ground water management areas.

C. Each local government within the regional planning area shall provide existing water source information for community water systems using surface water reservoirs to assist in the development of the regional water supply plan. A regional water supply plan shall include, for community water systems using surface water reservoirs,: (i) the name of the reservoirs, (ii) the sub-basins in which the reservoirs are located, (iii) the drainage area, (iv) the amount of on-stream storage available for water supply, (v) the design capacity for designed average daily and maximum daily withdrawals from the reservoirs, (vi) the safe yield of the reservoirs, (vii) the capacity of any associated water treatment plant, (viii) the Virginia Department of Health permitted capacity of the systems, and (ix) any limitations on withdrawal established by permits issued by the department. For a community water system that operates a system of interconnected reservoirs, the reporting of the design capacity for withdrawals, designed average daily withdrawal, the designed maximum daily withdrawal and the safe yield information may be presented for the entire system or may be reported as subsets of the system, except that the plan must report the drainage area and amount of storage available for water supply from each reservoir independently. The plan shall designate which reservoirs and which intakes constitute a system for the purposes of this paragraph subsection. The plan must report the drainage area and amount of storage available for water supply from each reservoir independently.

D. Each local government within the regional planning area shall provide existing water source information for community water systems using stream intakes to assist in the development of the regional water supply plan. A regional water supply plan shall include, for community water systems using stream intakes,: (i) the name of the stream or river, (ii) the drainage area of the intake, (iii) the sub-basin in which the intake is located, (iv) the design capacity for designed average daily and designed maximum daily withdrawal from the stream, (v) the safe yield, (vi) the lowest daily flow of record, (vii) the design capacity of the pump station, (viii) the design capacity of the water treatment plant, (ix) the capacity of the system permitted by the Virginia Department of Health, and (x) any limitation on withdrawals established by permits issued by the department.

E. To the extent that information is available, a assist the development of the regional water supply plan, each local government shall review the data provided by the department for self-supplied users of more than 300,000 gallons of surface water in any one month. Local governments shall review this information and provide information for any locally known withdrawals of more than 300,000 gallons in any one month not identified in the dataset provided. A regional water supply plan shall include a list of for all self-supplied users of more than 300,000 gallons per in any month of surface water for nonagricultural uses,: (i) the name of the water body utilized, (ii) the design capacity for the designed average daily and maximum daily withdrawal, and (iii) any limitation on withdrawals established by permits issued by the department, the Virginia Department of Health, or any other agency.

F. To the extent that information is available, a assist the development of the regional water supply plan, each local government shall review the data provided by the department for [ sell-supplied self-supplied ] users of more than 300,000 gallons of groundwater in any one month. Local governments shall review this information and provide information for any locally known withdrawals of more than 300,000 gallons in any one month not identified in the dataset provided. A regional water supply plan shall include, for all self-supplied users of more than 300,000 gallons per in any month of ground water groundwater for nonagricultural uses,: (i) the name and identification number of the well or wells, (ii) the well depth, (iii) the casing depth, (iv) the screen depth (top and bottom) or water zones, (v) the well diameter, (vi) the design capacity for the designed average daily and maximum daily withdrawal and (vii) any limitation on withdrawal established by permits issued by the department, the Virginia Department of Health, or any other agency.

G. To assist the development of the regional water supply plan, each local government shall review the data provided by the department for community water systems with existing contractual agreements to receive raw or finished water deliveries from another party. Local governments shall review this information and provide information for any locally known contractual agreements not identified in the dataset provided. A regional water supply plan shall include, for any community water systems with existing contractual agreements to receive raw or finished water deliveries from another party: (i) the source of the water to be provided under the contract, (ii) the amount of ground groundwater or surface water to be purchased contractually available to be delivered to the community water system from a water supply systems outside the geographic boundaries of the planning area system on a maximum daily and average annual basis, (iii) any contractual limitations on the purchase delivery of the water, including but not limited to the term of any contract or agreement, (iv) the recipient(s) recipients or areas served by the water purchased, and (v) the name(s) name of the supplier(s) any supplier.

H. A regional water supply plan, if practicable, shall include an estimate of the amount of water available to be purchased outside the planning area from any source with the capacity to withdraw more than 300,000 gallons per in any month of surface and ground water or groundwater, reported on a maximum daily and average annual basis and any contractual limitations on the purchase of the water including but not limited to the term of any contract or agreement, the geographic region(s) that receive the water purchased, and the name(s) of the supplier(s) and that is not addressed by subsection G of this section.

I. To assist the development of the regional water supply plan, each local government shall review the data provided by the department related to agricultural users who utilize more than 300,000 gallons in any month. Local governments shall review this information and provide information for any locally known agricultural users of more than 300,000 gallons in any month not identified in the dataset provided. A regional water supply plan shall include, to the extent possible, (i) a list of agricultural users who utilize more than 300,000 gallons per in any month, (ii) an estimate of total agricultural usage by source, (iii) whether the use is irrigation or nonirrigation, (iv) the maximum capacity of the intake or well, and (v) whether the source is surface or ground water or groundwater.

J. To assist the development of the regional water supply plan, each local government shall provide an estimate of the number of residences and businesses that are self-supplied by individual wells withdrawing less than 300,000 gallons in any month and an estimate of the population served by individual wells. A regional water supply plan shall include an estimate of the number of residences and businesses that are self-supplied by individual wells withdrawing less than 300,000 gallons per in any month and an estimate of the population served by individual wells.

K. When available, a water plan shall include a summary of findings and recommendations from applicable source water assessment plans or wellhead protection programs .

9VAC25-780-80. Existing water use information.

A. Each local government within the regional planning area shall provide information documenting existing water use information to assist in the development of the regional water supply plan. A regional water supply plan shall include, at a minimum, current information documenting existing water use as listed below in this section for each local government within the regional planning area. Water use information shall be obtained from the Virginia Department of Health waterworks permit compliance reports, the department ground water groundwater permit compliance reports or, department water use reports provided to each local government, or other appropriate available sources. Information shall be reported for the most recent previous annual compilation of such data that is available on the date of submission of the water plan. Each local government shall be responsible for reviewing the water use information for their locality and obtaining this information from any known omissions in the dataset.

B. A regional water supply plan shall include the following information for each community water systems system within the regional planning area:

1. The population within the planning area served by each community water system served.

2. The number of service connections within the planning area for each community water system.

3. The average and maximum daily withdrawal for each community water system within the planning area of groundwater or surface water over the most recent five-year period.

4. The amount of water used within the planning area on an annual average basis, and on an average monthly basis for each community water system expressed in terms of million gallons per day over the most recent five-year period.

5. The peak day water use by month for each community water system within the planning area.

6. An estimate of the water used on an average annual basis by self-supplied nonagricultural users of more than 300,000 gallons per in any month of surface water and ground water groundwater within the service area of each the community water system.

7. An estimate of the amount of water used on an average annual basis by self-supplied agricultural users of more than 300,000 gallons per in any month of surface water and ground water groundwater within the service area of each the community water supply system.

8. An estimate of the number of self-supplied users of less than 300,000 gallons per in any month of ground water groundwater and an estimate of the total amount of water used by them on an annual average basis within the service area of each the community water supply system.

9. For each community water system included in the water plan, the plan shall include an An estimate of the disaggregated amounts of water used in categories of use appropriate for the system. Typical categories may include:

a. Residential use;

b. Commercial, institutional, and light industrial (CIL) use;

c. Heavy industrial use;

d. Military water use;

e. Water used in water production processes;

f. Unaccounted for losses;

g. Sales to other community water systems and the names of such systems; or

h. Subtotals of the above categories for all community water systems.

10. To the extent that information is available or sources of information are provided by the department pursuant to 9VAC25-780-60 and other sources, for each community water system included in the water plan using stream intakes, the plan shall include a qualitative description of existing in-stream beneficial uses within the planning area or outside the planning area that may be affected by the point of stream withdrawal.

C. A Using information provided by the department and any additional locally identified data, a regional water supply plan shall include an estimate of the water used on an average annual basis by self-supplied nonagricultural user users of more than 300,000 gallons per in any month of surface water and ground water groundwater outside the service areas of community water systems.

D. A Using information provided by the department and any locally identified data, a regional water supply plan shall include an estimate of the amount of water used on an average annual basis by self-supplied agricultural users of more than 300,000 gallons per in any month of surface water and ground water groundwater outside the service areas of community water systems.

E. A Using information provided by the department and any additionally identified data, a regional water supply plan shall include an estimate of the number of self-supplied users of less than 300,000 gallons per in any month of ground water groundwater and an estimate of the total amount of water used by them on an annual average basis outside the service areas of community water systems.

9VAC25-780-90. Existing water resource information.

A. A program shall include a description of Each local government within the regional planning area shall provide information documenting existing geologic, hydrologic, and meteorological conditions to assist in the development of the regional water supply plan. A regional water supply plan shall include a description of existing geologic, hydrologic, and meteorological conditions within the planning area, and in proximity to the point of withdrawal if it is outside the planning area.

B. A program regional water supply plan shall include a description of existing environmental conditions that pertain to, or may affect, in-stream flow, in-stream uses, and sources that provide the current supply. This description of conditions may be provided in a distinct section of the plan document or as a part of the existing water sources information required pursuant to 9VAC25-780-70. This information may be derived from existing, readily available sources of information and additional detailed, and information provided by the department. Additional studies shall not be required. The description of conditions shall include the following items, as they are applicable:

1. State or federal listed threatened or endangered species or habitats of concern;

2. Anadromous, trout, and other significant fisheries;

3. River segments that have recreational significance, including state scenic river status;

4. Sites of historic or archaeological significance;

5. Unusual geologic formations or special soil types;

6. Wetlands;

7. Riparian buffers and conservation easements;

8. Land use and land coverage, including items such as percentage of impervious cover within a watershed and areas where new development may impact water quality of the source;

9. The presence of impaired streams and the type of impairment;

10. The location of point source discharges; and

11. Potential threats to the existing water quantity and quality, other than those from above Water availability based on in-stream flow necessary to support [ aquatic life provided by the department as identified in the most recent version of the State Water Resources and Supply Plan fish and wildlife resources and habitat ].

9VAC25-780-100. Projected water demand information; statement of need and alternatives.

A. Each local government within the regional planning area shall provide projections of future water demand to assist in the development of the regional water supply plan. A regional water supply plan shall include projections of future water demand as listed below for each local government within the regional planning area in accordance with this section. Population in aggregate and disaggregate formulations should be estimated according to information from the U.S. Census Bureau, Bureau of Economic Analysis, the Virginia Employment Commission, or other accepted source of population information, including but not limited to, local or regional sources. Demand projection methodologies should be consistent with those outlined in the American Water Works Association or American Society of Civil Engineers manuals by the department consistent with 9VAC25-780-60. Sources of information and methodologies used in projecting future water demand shall be documented.

B. A regional water supply plan shall estimate water demand within the planning area for a minimum of 30 to a maximum of 50 years into the future. While not required, localities are encouraged to plan for the maximum planning period to ensure that the most appropriate and sustainable alternatives are identified.

C. A regional water supply plan shall include an estimated future water use projected at the beginning of each decade (2010, 2020, 2030, etc.) within the planning period.

D. A regional water supply plan shall include the following projections for community water systems:

1. An estimate of population within the planning area served by each community water system;

2. A map depicting the proposed service area of each existing or proposed community water system;

3. Estimated water demand for each existing or proposed community water system on both an annual average and peak monthly basis;

4. Estimated water demand for each existing or proposed community water system disaggregated into categories of use appropriate for the system. Typical categories may include:

a. Residential use;

b. Commercial institutional and light industrial (CIL) use;

c. Heavy industrial use;

d. Military water use;

e. Water used in water production processes;

f. Unaccounted for losses;

g. Sales to other community water systems and the names of such systems; or

h. Subtotals of the above categories listed in this subsection for all community water systems; and or

i. Projected water demands with and without water conservation pursuant to 9VAC25-780-110 [ B C ]; and

5. Total projected water demand for all existing or proposed community water systems disaggregated into the categories used in subdivision 4 of this subsection.

E. A regional water supply plan shall include a projection of water demand within the regional planning area on an annual average basis for each existing and any proposed self-supplied nonagricultural user of more than 300,000 gallons per in any month of surface water and ground water located outside the service areas of community water systems groundwater.

F. A regional water supply plan shall include a projection of the amount of water use on an annual average basis for each existing and any projected self-supplied agricultural user of more than 300,000 gallons per in any month of surface water and ground water located outside the service areas of community water systems groundwater.

G. A regional water supply plan shall include a projection of the number of self-supplied users of less than 300,000 gallons per in any month of ground water groundwater and a projection of the amount of water used on an annual average basis outside the service areas of community water systems.

H. Each local government within the regional planning area shall assist in the development of the regional water supply plan by determining the adequacy of existing water sources to meet current and projected demand by preparing a clear statement of need that is derived from an evaluation of the information required by 9VAC25-780-70 through 9VAC25-780-110. The statement of need shall contain, at a minimum, a determination of whether the existing sources are adequate to meet current and projected demands. If the determination is that existing sources are inadequate to meet current or projected demands during the planning period, each local government shall identify a reasonable range of potential alternative sources of supply to address the shortfall in demand. The list of alternatives shall include:

1. Potential water savings from water demand management actions, including an estimated volume for each action; and

2. Potential sources for new or alternative supplies, including an estimated volume from each source.

I. If any local government in the regional planning area determines that one or more existing sources within its jurisdiction is inadequate to meet projected demands during the planning period, or the regional strategies proposed in 9VAC25-780-125 include the development of new or alternative water sources, the regional water supply plan shall include an alternatives analysis with the following elements:

1. A statement of need that addresses the location, magnitude, and timing of the projected shortfall in demand within the regional planning area;

2. Identification of a reasonable range of alternatives that potentially may satisfy the stated need, including all alternatives identified by a local government under subsection [ G H ] of this section, and, as appropriate, other (i) water savings from water demand management actions, including an estimated volume for each action; (ii) sources for new water supplies, such as wells, reservoirs, impoundments and stream intakes, or aquifers, and an estimated volume from each source; (iii) nontraditional means of increasing supplies, such as interconnection, desalination, recycling, and reuse; and (iv) cross-jurisdictional regional approaches for shared development of new sources or expanding existing sources;

3. For each alternative to which it applies, a statement of any potential water availability issues identified by the board in the most recent review of the regional water supply plan or the State Water Resources and Supply Plan in accordance with 9VAC25-780-140 G, for each potential new source that any future water project will need to consider in its development; and

4. An assessment of whether the identified alternatives are (i) available [ ; (ii) and ] practicable in terms of cost, logistics, and existing technology; [ (iii) (ii) ] avoid and minimize the need for water to the extent practicable; and [ (iv) (iii) ] are sufficient to satisfy the need alone or in combination with other short-term or long-term alternatives.

J. A regional water supply plan shall include [ address consider ], if available, any cumulative demand, use conflict, or in-stream flow information developed identified by the board in the most recent review of the regional water supply plan or most recent version of the State Water Resources and Supply Plan pursuant to 9VAC25-780-140 G.

I. K. A regional water supply plan shall explain how the projected needs of domestic consumption, in-stream uses, and economic development have been accounted for in the demand projection for the planning period.

9VAC25-780-110. Water demand management information.

A. Each local government within the regional planning area shall provide information documenting existing water demand management plans or practices to assist in the development of the regional water supply plan.

B. As part of a long-term strategy, a regional water supply plan shall address water conservation as a part of overall water demand management in accordance with the following requirements:

1. A regional water supply plan shall include information that describes practices describe strategies for more efficient use of water that are used within the regional planning area. The type of measures to be described may include, but are not limited to, the adoption and enforcement of the Virginia Uniform Statewide Building Code (13VAC5-63) sections that limit maximum flow of water closets, urinals, and appliances; use of low-water use landscaping; and increases in irrigation efficiency.

2. A regional water supply plan shall include information describing describe the water conservation measures used within the regional planning area to conserve water through the reduction of use. The types of measures to be described may include, but are not limited to, technical, educational, and financial programs.

3. A regional water supply plan shall include information that describes describe, within the regional planning area, the practices to address water loss in the maintenance of water systems to reduce unaccounted for water loss. The types of items to be described may include, but are not limited to: leak detection and repair and old distribution line replacement.

B. C. Current water conservation practices, techniques, and technologies shall be considered in projecting water demand pursuant to 9VAC25-780-100 D.

9VAC25-780-120. Drought response and contingency plans.

A program A. Each local government with the regional planning area that includes contains within its geographic jurisdiction community water systems and self-supplied users who withdraw more than an average of 300,000 gallons per in any month of surface water and ground water groundwater shall contain develop a drought response and contingency plans in accordance with plan that contains the following requirements:

1. Drought response and contingency plans shall be structured to address the unique characteristics of the water source that is being utilized and the nature of the beneficial use of water. Direct stream intakes shall consider the lowest flow of record and reservoirs shall consider available usable storage to the extent practicable.

2. Drought response and contingency plans shall contain, at a minimum, the following three graduated stages of responses to the onset of drought conditions:

a. Each drought stage shall have specific triggers designed to address the particular vulnerabilities of each water source.

b. Drought watch stage responses are generally responses that are intended to increase awareness in the public and private sector to climatic conditions that are likely to precede the occurrence of a significant drought event. Public outreach activities shall be identified to inform the population served by a community water system of the potential for drought conditions to intensify and potential water conservation activities that may be utilized.

b. c. Drought warning stage responses are generally responses that are required when the onset of a significant drought event is imminent. Voluntary water conservation activities shall be identified with the goal of reducing water use by 5-10%.

c. d. Drought emergency stage responses are generally responses that are required during the height of a significant drought event. Mandatory water conservation activities shall be identified with the goal of reducing water use by 10-15%.

3. Drought response and contingency plans shall include references to local ordinances, if adopted, and procedures for the implementation and enforcement of drought response and contingency plans.

B. If there is a conflict between subsection A of this section and any condition of a permit issued by the department, a drought response and contingency plan shall conform to the permit and, to the extent practicable and consistent with the permit, subsection A of this section.

C. Each regional planning area, to the extent practicable, shall evaluate the feasibility of developing a regional drought response and contingency plan as part of the regional water supply plan. If a regional drought contingency and response plan is developed, it shall include all of the elements identified in the subsection A of this section. [ Any local government that utilizes the Potomac River through any portion of their service area as a water supply source shall incorporate the provisions of the Metropolitan Washington Water Supply and Drought Awareness Response Plan: Potomac River System (2000), including provisions related to triggers, actions, and messages for the Potomac River drought evaluation region. ]

D. If a regional drought response and contingency plan is not feasible, the regional water supply plan shall include a summary description of any cross-jurisdictional coordination efforts on drought response.

9VAC25-780-125. Identification of water supply risks and proposed regional strategies.

A. A regional water supply plan shall identify water supply risks [ relevant to the regional planning unit, using readily available information as defined in 9VAC25-780-50 C ]. For each water supply risk identified the likelihood and severity of the impact on water supply in the regional water supply plan shall be evaluated.

B. In [ evaluating identifying ] potential water supply risks [ relevant to the regional planning unit ], the regional planning unit shall consider, at a minimum, the following:

1. The findings of any wellhead protection or source water protection plans developed for sources of supply in the regional planning area;

2. The potential effects of climate change or need for climate resiliency;

3. Reduction in availability to meet water supply demands during short-term droughts and long-term droughts due to current demands, increasing demands, new withdrawals, or other factors;

4. Reduction in availability of groundwater from coastal plain or fractured rock aquifers due to current or increasing demands or new withdrawals;

5. The water needs of other beneficial uses, including aquatic habitat and waste assimilative capacity;

6. Reductions in available supply due to a lack of assessment or failure to address excessive rates of unaccounted water;

7. Affordability of costs for developing new or maintaining existing sources, infrastructure improvements, and impacts to rates for water customers; and

8. Other water supply risks as identified by the local governments.

C. The regional water supply plan shall identify and evaluate a reasonable range of potential regional strategies or projects to address each identified water supply risk. Each strategy or project shall include, at a minimum, the following information:

1. A description of the strategy or project and the local governments and stakeholders that would be involved if implemented; and

2. An analysis of how the strategy or project would mitigate the impact of risk. For strategies or projects intended to address risks associated with a reduction in available water supply, an estimate of how the strategy would impact available water supply shall also be included.

D. Regional strategies or projects may address more than one risk. Cross-jurisdictional strategies or projects shall be considered to the extent practicable. Strategies may include water conservation elements included in the water demand management information and drought response and contingency plans required by 9VAC25-780-110 and 9VAC25-780-120 respectively. Projects that include alternative water sources or the expansion of existing sources shall be included in the analysis of alternatives required by 9VAC25-780-100 I.

9VAC25-780-130. Statement of need and alternatives. (Repealed.)

A. A water plan shall determine the adequacy of existing water sources to meet current and projected demand by preparing a clear statement of need that is derived from an evaluation of the information required by 9VAC25-780-70 through 9VAC25-780-110. The statement of need shall contain, at a minimum, a determination of whether the existing source(s) is adequate to meet current and projected demands.

B. If the determination is that the existing source is inadequate to meet projected demands during the planning period, the program shall include an alternative analysis of potential sources that includes the following information:

1. A description of potential water savings from water demand management actions including an estimated volume for each action;

2. A description of potential sources for new supplies including an estimated volume from each source; and

3. A description of potential resource issues or impacts, identified in accordance with 9VAC25-780-140 G, known for each potential new source that any future water project will need to consider in its development.

C. Potential alternatives considered shall include water demand management alternatives as well as more traditional means of increasing supply, i.e., wells, reservoirs, impoundments and stream intakes. Where appropriate, the program shall consider nontraditional means of increasing supplies such as interconnection, desalination, recycling and reuse. The analysis of potential alternatives may include a combination of short-term and long-term alternatives. The result of this analysis shall be provided as part of the submission required by 9VAC25-780-50 C 7.

9VAC25-780-140. Review of local programs regional water supply plans.

A. The board shall review all programs regional water supply plans to determine compliance with this regulation chapter and consistency with the State Water Resources and Supply Plan. The board will review adopted elements of a local program regional water supply plan according to review policies adopted by the board. Copies of the adopted local program regional water supply plan documents and subsequent changes thereto shall be provided to the board department.

B. To assist in the review of the program regional water supply plans, the board shall provide the Virginia Department of Health and other agencies listed in 9VAC25-780-150 B along with any other agency the board deems appropriate, 90 days to evaluate the program regional water supply plans. Comments must be received from the Virginia Department of Health or other agency by the deadline stipulated in the written notification from the board.

C. The board will assess the compliance of submitted programs regional water supply plans with these regulations this chapter. The board shall prepare a tentative statement of findings on whether the program regional water supply plan has demonstrated compliance with the following:

1. All elements of a local program regional water supply plan identified in 9VAC25-780-50 have been submitted;

2. The program regional water supply plan was developed through a planning process consistent with this chapter;

3. The results of any evaluation conducted pursuant to subsection G of this section have been appropriately accommodated;

4. The existing sources information complies with 9VAC25-780-70;

5. The existing water use information complies with 9VAC25-780-80;

6. The existing resources information complies with 9VAC25-780-90;

7. The projected water demand is based on an accepted methodology and complies with 9VAC25-780-100;

8. The water demand management information complies with 9VAC25-780-110;

9. The drought response and contingency plan complies with 9VAC25-780-120;

10. The region's water supply risks have been identified and regional strategies to address those risks have been proposed and comply with 9VAC25-780-125;

11. The statement of need complies with 9VAC25-780-130 A 9VAC25-780-100 H;

11. 12. When required, the alternatives comply analysis complies with 9VAC25-780-130 9VAC25-780-100;

12. 13. The regional water supply plan demonstrates sufficient cross-jurisdictional coordination between local governments and consultation with stakeholders during regional water supply plan development in accordance with 9VAC25-780-50; and

14. The local program regional water supply plan is consistent with 9VAC25-390-20, § 62.1-11 of the Code of Virginia, and Chapter 3.2 (§ 62.1-44.36 et seq.) of Title 62.1 of the Code of Virginia.

D. If the board's tentative decision is to find the local program regional water supply plan in compliance with subsection C of this section, the board shall provide public notice of its findings pursuant to 9VAC25-780-150.

E. If the tentative decision of the board is to find the local program regional water supply plan in noncompliance with subsection C of this section this chapter, the board shall identify (i) the reason for the finding of noncompliance, (ii) what is required for compliance, and (iii) and the right to an informational proceeding under Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of the Virginia Administrative Process Act.

F. The board shall make a final decision on whether the local program regional water supply plan is in compliance with this chapter after completing review of the submitted program regional water supply plan, any agency comments received, and any public comment received from a public meeting held pursuant to 9VAC25-780-160.

G. In conjunction with the compliance determination made by the board, the state will develop additional information and conduct additional evaluation of local or regional alternatives in order to facilitate continuous planning. This additional information shall be included in the State Water Resources and Supply Plan and used by made available to localities for use in their program planning. This information developed by the department shall include:

1. A cumulative demand analysis, based upon information contained in the State Water Resources Plan and other sources An estimate of current water withdrawals and use for agriculture, domestic use, and other significant categories of water users;

2. The evaluation of alternatives prepared pursuant to 9VAC25-780-130 B and C A projection of water withdrawals and use by agriculture, industry, domestic use, and other significant categories of water users;

3. The evaluation of potential use conflicts among projected water demand and estimates of requirements for in-stream flow; and An estimate, for each major river and stream, of the minimum in-stream flows necessary during drought conditions to maintain water quality and avoid permanent damage to [ aquatic life fish and wildlife resources and habitat ] in streams, bays, and estuaries;

4. An evaluation of the relationship between the local plan and the State Water Resources Plan., to the extent practicable, of the ability of existing subsurface and surface waters to meet current and future water uses, including minimum in-stream flows, during drought conditions;

5. An evaluation, in cooperation with the Virginia Department of Health and local water supply managers, of the current and future capability of public water systems to provide adequate quantity and quality of water;

6. An estimate, using a data-driven method that includes multiple reasonable assumptions about supply and demand over varying timeframes, of the risk that each locality and region will experience water supply shortfalls; and

7. An evaluation, to the extent practicable, of hydrologic, environmental, economic, social, legal, and jurisdictional aspects identified.

H. The board department may facilitate information sharing and discussion among localities when potential conflicts arise with regard to demands upon a source.

I. A local program's regional water supply plan's information shall be included in the State Water Resource and Supply Plan when determined to be in compliance by the board.

9VAC25-780-150. Public notice and public comment period.

A. The board shall give public notice on the department website for every tentative and final decision to determine local program regional water supply plan compliance.

B. The board shall give public notice to the Virginia Department of Health, the Department of Conservation and Recreation, the Marine Resources Commission, the Department of Historic Resources, and the Department of Game and Inland Fisheries Wildlife Resources for every tentative and final decision on program regional water supply plan compliance. The agencies shall have 90 days to submit written comment. At the request of the applicant, the board will convene a technical evaluation committee meeting to facilitate receipt of these comments.

C. The board shall provide a comment period of at least 30 days following the date of the public notice for interested persons to submit written comments on the tentative or final decision. All written comments submitted during the comment period shall be retained by the board and considered during its final decision.

D. Commenters may request a public meeting when submitting comments. In order for the board to grant a public meeting, there must be a substantial public interest and a factual basis upon which the commenter believes that the proposed program regional water supply plan might be contrary to the purposes stated in 9VAC25-780-20.

E. The contents of the public notice of a proposed program regional water supply plan compliance determination shall include:

1. Name(s) Names and address(es) addresses of the locality(ies) localities that submitted the local or regional water plan;

2. Brief synopsis of the proposed plan, including any identified future alternatives;

3. The name(s) names of the principal water supply sources;

4. A statement of the tentative determination to certify or deny consistency with the regulation;

5. A brief description of the final determination procedure;

6. The address, e-mail email address, and phone telephone number of a specific person at the state office from whom further information may be obtained; and

7. A brief description on how to submit comments and request a public meeting.

9VAC25-780-160. Public meetings.

A. Public notice of any public meeting held pursuant to 9VAC25-780-150 shall be circulated as follows:

1. Notice shall be published on the department website;

2. Notice shall be published once in a newspaper of general circulation in the each county, city, or town where the local or regional water supply plan is in effect; and

3. Notice of the public meeting shall be sent to all persons and government agencies that requested a public meeting or have commented in response to the public notice.

B. Notice shall be effected pursuant to subdivisions A 1 through 3 subsection A of this section at least 30 days in advance of the public meeting.

C. The content of the public notice of any public meeting held pursuant to this section shall include at least the following:

1. Name and address of the localities who prepared the program regional water supply plan;

2. The regional planning area covered by the program regional water supply plan;

3. A brief reference to the public notice issued for the comment period, including the date of issuance unless the public notice includes the public meeting notice;

4. Information regarding the time and location for the public meeting;

5. The purpose of the public meeting;

6. A concise statement of the relevant water resources planning, water quality, or fish and wildlife resource issues raised by the persons requesting the public meeting;

7. Contact person and the address, e-mail email address, and phone telephone number of the department office at which the interested persons may obtain further information or request a copy of the draft statement of findings prepared pursuant to 9VAC25-780-140 D; and

8. A brief reference to the rules and procedures to be followed at the public meeting.

9VAC25-780-180. Enforcement.

A. Enforcement of this chapter will be in accordance with §§ 62.1-44.15, 62.1-44.23, and 62.1-44.32 of the Code of Virginia.

B. A local government shall not be liable for the inability of the local government or its regional planning unit to comply with any requirement of this chapter caused by the failure or refusal of any other local government, community water system, or self-supplied user to comply with any provisions of this chapter.

DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-780)

Metropolitan Washington Water Supply and Drought Awareness Response Plan - Potomac River System (rev. 7/2000)