Va. Code § 22.1-298.1

Current with changes from the 2024 legislative session through ch. 845

Section 22.1-298.1 - [Effective until ] [Effective from 7/1/2024 to 7/1/2030] Regulations governing licensure

A. As used in this section:

"Alternate route to licensure" means a nontraditional route to teacher licensure available to individuals who meet the criteria specified in the guidelines developed pursuant to subsection O or regulations issued by the Board .

"Industry certification credential" means an active career and technical education credential that is earned by successfully completing a Board-approved industry certification examination, being issued a professional license in the Commonwealth, or successfully completing an occupational competency examination.

"Licensure by reciprocity" means a process used to issue a license to an individual coming into the Commonwealth from another state when that individual meets certain conditions specified in the Board's regulations.

"Local eligibility license" means a nonrenewable license issued in accordance with subsection M, not to exceed one year, to an individual who needs to take additional coursework but otherwise meets certain conditions for licensure set forth in the Board's regulations and subsection M, and who may be employed by a school division in the Commonwealth with the intention of such individual, upon satisfaction of the applicable requirements set forth in Board regulations, receiving full licensure with a renewable license.

"Professional teacher's assessment" means those tests mandated for licensure as prescribed by the Board .

"Provisional license" means a nonrenewable license issued by the Board for a specified period of time, not to exceed three years, to an individual who may be employed by a school division in the Commonwealth and who generally meets the requirements specified in the Board's regulations for licensure, but who may need to take additional coursework, pass additional assessments, or meet alternative evaluation standards to be fully licensed with a renewable license.

"Renewable license" means a license issued by the Board for 10 years to an individual who meets the requirements specified in the Board's regulations.

B. The Board shall prescribe, by regulation, the requirements for the licensure of teachers and other school personnel required to hold a license. Such regulations shall include procedures for (i) the denial, suspension, cancellation, revocation, and reinstatement of licensure; (ii) written reprimand of license holders on grounds established by the Board, in accordance with law, notice of which shall be made by the Superintendent to division superintendents or their designated representatives; and (iii) the immediate and thorough investigation by the division superintendent or his designee of any complaint alleging that a license holder has engaged in conduct that may form the basis for the revocation of his license. At a minimum, such procedures for investigations contained in such regulations shall require (a) the division superintendent to petition for the revocation of the license upon completing such investigation and finding that there is reasonable cause to believe that the license holder has engaged in conduct that forms the basis for revocation of a license; (b) the school board to proceed to a hearing on such petition for revocation within 90 days of the mailing of a copy of the petition to the license holder, unless the license holder requests the cancellation of his license in accordance with Board regulations; and (c) the school board to provide a copy of the investigative file and such petition for revocation to the Superintendent at the time that the hearing is scheduled. The Board shall revoke the license of any person for whom it has received a notice of dismissal or resignation pursuant to subsection F of § 22.1-313 and, in the case of a person who is the subject of a founded complaint of child abuse or neglect, after all rights to any administrative appeal provided by § 63.2-1526 have been exhausted. In the case of a teacher who is the subject of a founded complaint of child abuse or neglect and whose license has been revoked pursuant to this subsection, in the event that a court reverses such finding of abuse or neglect and the individual submits to the Department an application for the reinstatement of his license as a teacher, the Board shall consider and act upon such application no later than 90 days after the date of submission. Regardless of the authority of any other agency of the Commonwealth to approve educational programs, only the Board shall have the authority to license teachers to be regularly employed by school boards, including those teachers employed to provide nursing education.

The Board shall prescribe by regulation the licensure requirements for teachers who teach only online courses, as defined in § 22.1-212.23. Such license shall be valid only for teaching online courses. Teachers who hold a 10-year renewable license issued by the Board may teach online courses for which they are properly endorsed.

C. The Board's regulations shall include requirements that a person seeking initial licensure:

1. 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 alternative evaluation standards as prescribed by the Board. The literacy assessment for any individual seeking initial licensure with an endorsement in early/primary education preschool through grade three, elementary education preschool through grade six, special education general curriculum kindergarten through grade 12, special education deaf and hard of hearing preschool through grade 12, or special education blindness/visual impairments preschool through grade 12 or as a reading specialist shall include a rigorous test of science-based reading research and evidence-based literacy instruction;

2. Complete study in attention deficit disorder;

3. Complete study in gifted education, including the use of multiple criteria to identify gifted students; and

4. 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.

D. In addition, such regulations shall include requirements that:

1. Every person seeking initial licensure and persons seeking licensure renewal as teachers who have not completed such study shall complete study in child abuse recognition and intervention in accordance with curriculum guidelines developed by the Board in consultation with the Department of Social Services that are relevant to the specific teacher licensure routes;

2. Every person seeking renewal of a license shall complete all renewal requirements, including professional development in a manner prescribed by the Board, 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;

3. Every person seeking initial licensure or 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 Board shall provide a waiver for this requirement for any person with a disability whose disability prohibits such person from completing the certification or training;

4. Every person seeking licensure with an endorsement as a teacher of the blind and visually impaired shall demonstrate proficiency in reading and writing Braille;

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

6. Every person seeking initial licensure or renewal of a license shall complete awareness training, provided by the Department, 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;

7. Every person seeking initial licensure or 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;

8. Every person seeking initial licensure as a teacher who has not received the instruction described in subsection D of § 23.1-902 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 Board ; and appropriate alternative methods to reduce and prevent the need for the use of physical restraint and seclusion;

9. Every person seeking initial licensure or renewal of a license shall complete instruction or training in cultural competency;

10. 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, as prescribed by the Board;

11. 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; and

12. Every person seeking initial licensure with an endorsement in early/primary education preschool through grade three, elementary education preschool through grade six, special education general curriculum kindergarten through grade 12, special education deaf and hard of hearing preschool through grade 12, or special education blindness/visual impairments preschool through grade 12 or as a reading specialist shall complete study in science-based reading research and evidence-based literacy instruction.

E. No teacher who seeks a provisional license shall be required to meet any requirement set forth in subdivision D 1, 3, 6, or 8 as a condition of such licensure, but each such teacher shall complete each such requirement during the first year of provisional licensure.

F. The Board 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 or, at the discretion of the school board and division superintendent, within six months if the individual has received a satisfactory mid-year performance review in the current school year; (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 Board; (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.

G. Each local school board or division superintendent may waive for any individual whom it seeks to employ as a career and technical education teacher and who is also seeking initial licensure or renewal of a license with an endorsement in the area of career and technical education any applicable requirement set forth in subsection C or subdivision D 2, 4, or 6.

H. The Board's regulations shall require that initial licensure for principals and assistant principals be contingent upon passage of an assessment as prescribed by the Board.

I. The Board shall establish criteria in its regulations to effectuate the substitution of experiential learning for coursework for those persons seeking initial licensure through an alternate route as defined in Board regulations. Such alternate routes shall include eligibility for any individual to receive, notwithstanding any provision of law to the contrary, a renewable one-year license to teach in public high schools in the Commonwealth if he has:

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

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

3. Received qualifying scores on the professional teacher's assessments prescribed by the Board, including the communication and literacy assessment and the content-area assessment for the endorsement sought. The literacy assessment for any individual seeking initial licensure through an alternate route with an endorsement in early/primary education preschool through grade three, elementary education preschool through grade six, special education general curriculum kindergarten through grade 12, special education deaf and hard of hearing preschool through grade 12, or special education blindness/visual impairments preschool through grade 12 or as a reading specialist shall include a rigorous test of science-based reading research and evidence-based literacy instruction; and

4. Met the requirements set forth in subdivisions D 1 and 3.

J. Notwithstanding any provision of law to the contrary, the Board (i) may provide for the issuance of a provisional license, valid for a period not to exceed three years, pursuant to subdivision D 5 or to any person who does not meet the requirements of this section or any other requirement for licensure imposed by law; (ii) shall provide for the issuance of a provisional license, valid for a period not to exceed three years, to any former member of the Armed Forces of the United States or the Virginia National Guard who has received an honorable discharge and has the appropriate level of experience or training but does not meet the requirements for a renewable license; and (iii) may provide for the issuance of a provisional license, valid for a period not to exceed three years, to any individual who has held within the last five years a valid and officially issued and recognized license or certification to teach issued by an entity outside of the United States but does not meet the requirements for a renewable license if the individual's license or certification to teach has been evaluated and verified by an entity approved by the Department.

K. The Board's licensure regulations shall also provide for licensure by reciprocity:

1. With comparable endorsement areas for those individuals holding a valid out-of-state teaching license and national certification from the National Board for Professional Teaching Standards or a nationally recognized certification program approved by the Board . The application for such individuals shall require evidence of such valid licensure and national certification and shall not require official student transcripts;

2. 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 Department. Each such individual shall establish a file in the Department 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 Department shall determine and communicate such individual's eligibility for licensure by reciprocity within 15 business days of receipt of the complete application packet; and

3. 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 Department. Each such individual shall establish a file in the Department 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.

L. The Board shall include in its regulations an alternate route to licensure for elementary education preschool through grade six and an alternate route to licensure for special education general curriculum kindergarten through grade 12. Each such alternate route to licensure shall require individuals to (i) meet the qualifying scores on the content area assessment prescribed by the Board for the endorsements sought and (ii) complete an alternative certification program that provides training in the pedagogy and methodology of the respective content or special education areas prescribed by the Board. The curriculum of any such alternative certification program shall be approved by the Board. Nothing in this subsection shall preclude the Board from establishing other alternate routes to licensure.

M. Notwithstanding any provision of law to the contrary, the Board, upon recommendation of the division superintendent or school board, may provide for the issuance of a valid one-year nonrenewable local eligibility license to any individual who (i) received a baccalaureate degree from a regionally accredited institution of higher education and (ii) has experience or training in a subject or content area as the local school board and division superintendent may deem appropriate for the applicable teaching position or endorsement area. Any such one-year renewable local eligibility license shall be issued in accordance with the following criteria:

1. Each school board shall ensure that the number of teachers employed by the school board under such local eligibility license does not exceed five percent of the teachers employed by such school board during the preceding school year;

2. No school board shall issue such local eligibility license to any individual who is (i) seeking to provide instruction in special education or (ii) eligible for a collegiate professional license or postgraduate professional license;

3. Any individual who is issued a local eligibility license pursuant to this subsection shall be required to complete within such one-year period the requirements set forth in subsection C and subdivisions D 1, 3, 6, 8, and 9 as well as any additional training requirements that may be prescribed by the school board and division superintendent;

4. Such local eligibility license shall only be valid within the issuing school division;

5. Each school board may, upon an individual's completion of a local eligibility license, issue a provisional license to such individual upon receiving from the division superintendent (i) a recommendation for such license and (ii) a satisfactory performance evaluation for such individual for the local eligibility licensure period;

6. Any individual issued a one-year local eligibility license shall be considered a probationary teacher and shall be subject to the probationary terms of employment pursuant to § 22.1-303;

7. Any teacher employed under a one-year local eligibility license shall be issued a collegiate professional or postgraduate professional license upon the expiration of the local eligibility license if such teacher, before or by the expiration of such local eligibility license, (i) receives a recommendation from the division superintendent and the school board, (ii) satisfies all requirements for the applicable license pursuant to relevant law and regulations, and (iii) satisfies any other criteria as may be prescribed by the Board; and

8. The Department's Office of Licensure shall review each local eligibility license within a month of issuance to any individual to ensure compliance with all Board regulations.

N. The Board, in its regulations providing for licensure by reciprocity established pursuant to subsection K, shall (i) permit applicants to submit third-party employment verification forms and (ii) 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.

O. The Board shall develop guidelines that establish a process to permit a school board or any organization sponsored by a school board to petition the Board for approval of an alternate route to licensure that may be used to meet the requirements for a provisional or renewable license or any endorsement. Any such alternate route may include alternatives to the regulatory requirements for teacher preparation, including alternative professional assessments and coursework. The petitioner may proffer or the Board may impose conditions in conjunction with the approval of such petition.

Va. Code § 22.1-298.1

2006, cc. 27, 349; 2008, cc. 474, 827; 2012, c. 365; 2013, cc. 498, 530, 588, 650; 2014, c. 79; 2015, cc. 385, 562; 2016, cc. 389, 649; 2017, cc. 240, 247, 255, 520, 688, 783; 2018, cc. 711, 745, 746, 747, 748, 749; 2019, cc. 63, 407, 409, 587; 2020, cc. 513, 640, 870; 2021, Sp. Sess. I, cc. 23, 24, 451, 452; 2022, cc. 545, 546, 549, 550, 656, 657; 2023, c. 771.

Amended by Acts 2024 c. 845,§ 1, eff. 7/1/2024, exp. 7/1/2030.

Amended by Acts 2023 c. 771,§ 1, eff. 7/1/2023.

Amended by Acts 2023 c. 771,§ 1, eff. 7/1/2023.

Amended by Acts 2022 c. 657,§ 1, eff. 7/1/2022.

Amended by Acts 2022 c. 656,§ 1, eff. 7/1/2022.

Amended by Acts 2022 c. 545,§ 1, eff. 7/1/2022.

Amended by Acts 2022 c. 546,§ 1, eff. 7/1/2022.

Amended by Acts 2022 c. 550,§ 1, eff. beginning with the 2024-2025 school year..

Amended by Acts 2022 c. 549,§ 1, eff. beginning with the 2024-2025 school year..

Amended by Acts 2021SP1 c. 451,§ 1, eff. 7/1/2021.

Amended by Acts 2021SP1 c. 452,§ 1, eff. 7/1/2021.

Amended by Acts 2021SP1 c. 24,§ 1, eff. 7/1/2021.

Amended by Acts 2021SP1 c. 23,§ 1, eff. 7/1/2021.

Amended by Acts 2020 c. 870, § 1, eff. 7/1/2020.

Amended by Acts 2020 c. 640, § 1, eff. 7/1/2020.

Amended by Acts 2020 c. 513, § 1, eff. 7/1/2020.

Amended by Acts 2019 c. 587, § 1, eff. 7/1/2019.

Amended by Acts 2019 c. 409, § 1, eff. 7/1/2019.

Amended by Acts 2019 c. 407, § 1, eff. 7/1/2019.

Amended by Acts 2019 c. 63, § 1, eff. 7/1/2019.

Amended by Acts 2018 c. 711, § 1, eff. 7/1/2018.

Amended by Acts 2018 c. 748, § 1, eff. 7/1/2018.

Amended by Acts 2018 c. 747, § 1, eff. 7/1/2018.

Amended by Acts 2018 c. 746, § 1, eff. 7/1/2018.

Amended by Acts 2018 c. 749, § 1, eff. 7/1/2018.

Amended by Acts 2018 c. 745, § 1, eff. 7/1/2018.

Amended by Acts 2017 c. 783, § 1, eff. 9/1/2017.

Amended by Acts 2017 c. 688, § 1, eff. 7/1/2017.

Amended by Acts 2017 No. 520, § 1, eff. 7/1/2017.

Amended by Acts 2017 c. 255, § 1, eff. 7/1/2017.

Amended by Acts 2017 c. 247, § 1, eff. 7/1/2017.

Amended by Acts 2017 c. 240, § 1, eff. 7/1/2017.

Amended by Acts 2016 c. 649, § 1, eff. 7/1/2017.

Amended by Acts 2016 c. 390, § 1, eff. 7/1/2016.

Amended by Acts 2015 No. 562,§ 1, eff. 7/1/2015.

Amended by Acts 2015 No. 562,§ 1, eff. 7/1/2015.

Amended by Acts 2015 c. 385, § 1, eff. 7/1/2015.

Amended by Acts 2014 c. 79, § 1, eff. 7/1/2014.

Amended by Acts 2013 c. 650, § 1, eff. 7/1/2013.

Amended by Acts 2013 c. 588, § 1, eff. 7/1/2013.

Amended by Acts 2013 c. 530, § 1, eff. 7/1/2013.

Amended by Acts 2013 c. 498, § 1, eff. 7/1/2013.

This section is set out more than once due to postponed, multiple, or conflicting amendments.

This section is set out more than once due to postponed, multiple, or conflicting amendments.