Title 8 VAC — Education

title-8Title 8 VACRegulation

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Agency 20 State Board of Education

Chapter 11 Regulations Governing Public Participation

Part I Purpose and Definitions

8VAC20-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board of Education. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

  • Statutory Authority: §§ 2.2-4007.02 and 22.1-16 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 11, eff. March 19, 2009.
8VAC20-11-20 Definitions

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

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board of Education, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the Board of Education.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.

"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

History

  • Statutory Authority: §§ 2.2-4007.02 and 22.1-16 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 11, eff. March 19, 2009.

Part II Notification of Interested Persons

8VAC20-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.

C. When electronic mail is returned as undeliverable on two occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.

D. When mail delivered by a postal carrier is returned as undeliverable on two occasions, that person may be deleted from the list.

E. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.

History

  • Statutory Authority: §§ 2.2-4007.02 and 22.1-16 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 11, eff. March 19, 2009.
8VAC20-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 8VAC20-11-30, the agency shall send the following information:

  1. A notice of intended regulatory action (NOIRA).

  2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.

  3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

  • Statutory Authority: §§ 2.2-4007.02 and 22.1-16 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 11, eff. March 19, 2009.

Part III Public Participation Procedures

8VAC20-11-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally at a public hearing or at a Board of Education meeting or in writing at any time during the public comment period, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.

  1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.

  2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

  1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).

  2. For a minimum of 60 calendar days following the publication of a proposed regulation.

  3. For a minimum of 30 calendar days following the publication of a reproposed regulation.

  4. For a minimum of 30 calendar days following the publication of a final adopted regulation.

  5. For a minimum of 30 calendar days following the publication of a fast-track regulation.

  6. For a minimum of 21 calendar days following the publication of a notice of periodic review.

  7. Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.

E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.

History

  • Statutory Authority: §§ 2.2-4007.02 and 22.1-16 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 11, eff. March 19, 2009.
8VAC20-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

  1. The petitioner's name and contact information;

  2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and

  3. Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

  • Statutory Authority: §§ 2.2-4007.02 and 22.1-16 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 11, eff. March 19, 2009.
8VAC20-11-70 Appointment of regulatory advisory panel

A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

  1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or

  2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

D. At the discretion of the Board of Education, the appropriate standing advisory committee to the Board of Education may serve in the same advisory capacity as a regulatory advisory panel.

History

  • Statutory Authority: §§ 2.2-4007.02 and 22.1-16 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 11, eff. March 19, 2009.
8VAC20-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

  1. There is no longer controversy associated with the development of the regulation;

  2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or

  3. The agency determines that resolution of a controversy is unlikely.

C. At the discretion of the Board of Education, the appropriate standing advisory committee to the Board of Education may serve in the same advisory capacity as a negotiated rulemaking panel.

History

  • Statutory Authority: §§ 2.2-4007.02 and 22.1-16 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 11, eff. March 19, 2009.
8VAC20-11-90 Meetings

Notice of any open meeting, including meetings of a RAP or NRP, or Board of Education advisory committees shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

History

  • Statutory Authority: §§ 2.2-4007.02 and 22.1-16 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 11, eff. March 19, 2009.
8VAC20-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

  1. The agency's basic law requires the agency to hold a public hearing;

  2. The Governor directs the agency to hold a public hearing; or

  3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working daysprior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.

History

  • Statutory Authority: §§ 2.2-4007.02 and 22.1-16 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 11, eff. March 19, 2009.
8VAC20-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

  1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and

  2. The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

  • Statutory Authority: §§ 2.2-4007.02 and 22.1-16 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 11, eff. March 19, 2009.

Chapter 22 Licensure Regulations for School Personnel [Repealed]

Part I Definitions

8VAC20-22-10 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; amended, Virginia Register Volume 31, Issue 8, eff. January 14, 2015; Volume 31, Issue 25, eff. September 9, 2015; Volume 33, Issue 11, eff. February 22, 2017; repealed, Volume 34, Issue 24, eff. August 23, 2018.

Part II Administering the Regulations

8VAC20-22-20 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.

Part III Licensure

8VAC20-22-30 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-40 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; amended, Virginia Register Volume 29, Issue 24, eff. August 28, 2013; Volume 31, Issue 8, eff. January 14, 2015; Volume 31, Issue 25, eff. September 9, 2015; Volume 33, Issue 9, eff. January 25, 2017; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-50 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; amended, Virginia Register Volume 31, Issue 8, eff. January 14, 2015; Volume 31, Issue 25, eff. September 9, 2015; Volume 33, Issue 11, eff. February 22, 2017; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-60 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-70 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-80 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-90 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; amended, Virginia Register Volume 31, Issue 8, eff. January 14, 2015; Volume 33, Issue 21, eff. July 31, 2017; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-100 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-110 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; amended, Virginia Register Volume 27, Issue 8, eff. January 19, 2011; Volume 29, Issue 8, eff. January 16, 2013; Volume 29, Issue 24, eff. August 28, 2013; Volume 31, Issue 25, eff. September 9, 2015; Volume 33, Issue 9, eff. January 25, 2017; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.

Part IV Licensure Regulations Governing Early/Primary Education, Elementary Education, and Middle Education Endorsements

8VAC20-22-120 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-130 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-140 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-150 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-160 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-170 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.

Part V Licensure Regulations Governing PreK-12 Endorsements, Special Education, Secondary Grades 6-12 Endorsements, and Adult Education

8VAC20-22-180 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-190 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-200 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-210 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-220 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; amended, Virginia Register Volume 31, Issue 8, eff. January 14, 2015; Volume 31, Issue 25, eff. September 9, 2015; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-230 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; amended, Virginia Register Volume 31, Issue 8, eff. January 14, 2015; Volume 31, Issue 25, eff. September 9, 2015; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-240 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; amended, Virginia Register Volume 31, Issue 8, eff. January 14, 2015; Volume 31, Issue 25, eff. September 9, 2015; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-250 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; amended, Virginia Register Volume 31, Issue 8, eff. January 14, 2015; Volume 31, Issue 25, eff. September 9, 2015; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-260 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-270 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; amended, Virginia Register Volume 31, Issue 8, eff. January 14, 2015; Volume 31, Issue 25, eff. September 9, 2015; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-280 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; amended, Virginia Register Volume 31, Issue 8, eff. January 14, 2015; Volume 31, Issue 25, eff. September 9, 2015; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-290 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; amended, Virginia Register Volume 31, Issue 8, eff. January 14, 2015; Volume 31, Issue 25, eff. September 9, 2015; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-300 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-310 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-320 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-330 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-340 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-350 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-360 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-370 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-380 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-390 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-400 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-410 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-420 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-430 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-440 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-450 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-460 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-470 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-480 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-490 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-500 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-510 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-520 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-530 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-540 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-550 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-560 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-570 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-580 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.

Part VI Licensure Regulations Governing Support Personnel

8VAC20-22-590 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-600 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-610 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-620 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-630 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-640 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-650 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-660 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-670 (Repealed.)

History

  • Statutory Authority: § 22.1-298.1 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 31, Issue 8, eff. January 14, 2015.
8VAC20-22-680 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.

Part VII Revocation, Cancellation, Suspension, Denial, and Reinstatement of Teaching Licenses

8VAC20-22-690 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-700 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-710 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-720 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-730 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-740 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-750 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-22-760 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 21, 2007; repealed, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.

Chapter 23 Licensure Regulations for School Personnel

Part I Definitions

8VAC20-23-10 Definitions

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

"Accredited institution" means an institution of higher education accredited by an accrediting agency recognized by the 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 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, (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.

"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 an accredited 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 an accredited 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.

"Evidence-based literacy instruction" means the same as that term is defined in § 22.1-1 of the Code of Virginia.

"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 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 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 an accredited 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 an accredited 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 an accredited institution; has three years of successful managerial experience; and is recommended for the license by a Virginia school division superintendent.

"Science-based reading research" means the same as that term is defined in § 22.1-1 of the Code of Virginia.

"Suspension" means the temporary withdrawal of a license.

"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.

"Teaching experience" means experience gained teaching (i) in a public school; (ii) in an accredited institution of higher learning; (iii) in a school operated at a military installation supported by federal tax funds for which academic credit is accepted in Virginia; (iv) in public resident schools, such as the Virginia School for the Deaf and the Blind; or (v) in private schools for which teachers receive credit under the provisions of the Virginia Retirement System. In the field of vocational education, where a requirement calls for occupational work beyond the apprenticeship level, two years of work experience may be credited for one year of teaching experience.

"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.

"Universal licensure by reciprocity" means the issuance of a license as a teacher in the Commonwealth to any individual who holds a valid out-of-state teaching license with full credentials and without deficiencies that has been in force and in use by the individual as an employed teacher in a nonvirtual classroom setting at a public or private elementary or secondary school for at least three years prior to and is in force at the time the department receives the individual's application for license as a teacher in the Commonwealth.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 37, Issue 14, eff. April 15, 2021; Volume 38, Issue 14, eff. April 15, 2022; Volume 41, Issue 2, eff. October 24, 2024; Volume 41, Issue 3, eff. October 25, 2024; Volume 42, Issue 3, eff. November 6, 2025; Volume 42, Issue 7, eff. January 1, 2026.

Part II Administering the Regulations

8VAC20-23-20 Administering this chapter

A. In administering this chapter, modifications may be made in exceptional cases by the Superintendent of Public Instruction. Proposed modifications shall be made in writing to the Superintendent of Public Instruction, Commonwealth of Virginia, Virginia Department of Education, P.O. Box 2120, Richmond, Virginia 23218-2120.

B. In administering this chapter, competencies required for endorsement areas are outlined in the Regulations Governing the Review and Approval of Education Programs in Virginia (8VAC20-543). This document should be referenced for detailed information regarding coursework content for endorsements. Individuals shall complete the semester hours required for endorsement areas, or the equivalent, that shall be documented and approved by the Virginia Department of Education.

C. Virginia school divisions may submit requests to the Virginia Department of Education for determination of appropriate endorsements for blended or integrated course options.

D. A local school board or division superintendent may waive any of the following applicable licensure requirements 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:

  1. Demonstrated 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 Virginia Board of Education;

  2. Study in attention deficit disorder;

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

  4. Study in methods of improving communication between schools and families and ways of increasing family involvement in student learning at home and at school;

  5. Renewal requirements, including professional development in a manner prescribed by the Virginia Board of Education;

  6. Demonstrated proficiency in reading and writing Braille; and

  7. Initial or renewal requirement to 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.

E. Upon the effective date of this chapter, the Virginia Board of Education grants a one-year transition period for the implementation of this chapter.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 37, Issue 14, eff. April 15, 2021.

Part III Licensure

8VAC20-23-30 Purpose and responsibility for licensure

The primary purpose for licensing teachers and other school personnel is to maintain standards of professional competence. The responsibility for licensure is set forth in § 22.1-298.1 of the Code of Virginia, which states that the Virginia Board of Education shall prescribe by regulation the requirements for licensure of teachers.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
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 an accredited 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 an accredited 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 an accredited 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 leader's 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 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 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 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 37, Issue 14, eff. April 15, 2021; Volume 41, Issue 2, eff. October 24, 2024.
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 an accredited 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.

  1. 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 an accredited institution and the professional teacher's assessments prescribed by the Virginia Board of Education.

  2. 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 an accredited institution.

  3. 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 an accredited 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.

  1. 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 an accredited institution, has three years of successful managerial experience, and is recommended for the license by a Virginia school division superintendent.

  2. 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 an accredited 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.

  3. 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 an accredited 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.

  4. 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 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.

  1. 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 an accredited 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 an accredited institution, endorsement and professional studies requirements, and passed the professional teacher's assessments prescribed by the Virginia Board of Education.

(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 an accredited 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.

  1. 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 an accredited institution;

(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.

  1. 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 an accredited institution 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 an accredited institution 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.

  1. 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 an accredited institution;

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

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.

  1. 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 37, Issue 14, eff. April 15, 2021; Volume 38, Issue 14, eff. April 15, 2022; Volume 40, Issue 5, eff. November 22, 2023; Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-60 Designations on licenses for career paths to teaching

A. Designations on licenses will reflect stages in the professional development of teachers and promote continuing growth and career paths as educators.

B. Teaching licenses may be issued with one of the following designations, and the designation will be processed as an add-on endorsement. These designations will not apply to the Division Superintendent License, School Manager License, International Educator License, or Pupil Personnel Services License.

  1. Career Teacher: This voluntary teacher designation will be issued on a renewable teaching license for individuals who have gained continuing contract status in Virginia and who apply for the Career Teacher designation.

  2. Mentor Teacher: This voluntary teacher designation will be issued on a renewable teaching license for individuals who have (i) achieved the Career Teacher designation, (ii) received a recommendation for the designation from an employing Virginia school division superintendent or designee or accredited nonpublic school head, (iii) served at least three years as a mentor teacher in Virginia, (iv) documented responsibilities as a mentor, and (v) completed a local or state mentor teacher training program in accordance with the Virginia Board of Education requirements for mentor teachers in the Virginia Board of Education Mentor Teacher Guidelines.

  3. Teacher as Leader: This voluntary teacher designation will be issued on a renewable teaching license for individuals who have (i) achieved the Career Teacher designation; (ii) completed at least five years of successful, full-time teaching experience in a Virginia public school or accredited nonpublic school; (iii) received a recommendation from an employing Virginia school division superintendent or designee or an accredited nonpublic school head; (iv) and completed one of the following:

a. National Board Certification or a nationally recognized certification program approved by the Virginia Board of Education and a recommendation from an employing Virginia school division superintendent or designee or accredited nonpublic school head and documentation, in an approved Virginia Department of Education format, verifying the individual's demonstrated skills and abilities as a school leader and direct contributions to school effectiveness and student achievement; or

b. A recommendation from an employing Virginia school division superintendent or designee or accredited nonpublic school head and documentation, in an approved Virginia Department of Education format, verifying the individual's demonstrated skills and abilities as a school leader and direct contributions to school effectiveness and student achievement.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-23-70 Additional endorsements

A. An individual who holds a teaching license may add an additional teaching endorsement to the license by passing a rigorous academic subject test for endorsements in which a test is prescribed by the Virginia Board of Education. This testing option does not apply to individuals (i) who are seeking an early/primary education preK-3 or elementary education preK-6 endorsement, special education endorsements, or a reading specialist endorsement or (ii) who hold a Technical Professional License, Vocational Evaluator License, Pupil Personnel Services License, School Manager License, or Division Superintendent License.

B. One or more endorsements may be added to a license, provided that specific endorsement requirements have been met. Written requests may be made by the licensed professional and should be directed to the Virginia employing educational agency (if the individual has such employment) or college or university. If the request is not acted upon by the local educational agency or college or university within 30 days or is disputed, the license holder may make a written request for an additional endorsement directly to the Office of Professional Licensure, Virginia Department of Education. Written requests should be submitted by January 15 to be in effect by July 1 of the same calendar year.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-23-80 Deletion of an endorsement

An endorsement may be deleted from a license at the request of the licensed professional. Written requests are made by the licensed professional and should be directed to the employing educational agency. If the request is not acted upon by the local educational agency within 30 days or is disputed, the license holder may make a written request for the deletion of an endorsement directly to the Office of Professional Licensure, Virginia Department of Education. Written requests should be submitted by January 15 to be in effect on July 1 of that calendar year. Individuals who wish to add an endorsement that has been deleted shall meet requirements for that endorsement at the time it is requested.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-23-90 Alternate routes to licensure

A. Career switcher alternate route to licensure for career professionals - Provisional (Career Switcher) License. For those applicants seeking a teaching endorsement in special education, this option does not supplant subsection C of this section but provides an additional pathway to a provisional license.

  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 an accredited 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.

  1. 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.

  2. 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.

  1. Verification of program completion will be documented by the certified program provider and the division superintendent or designee.

  2. Certified providers implementing a career switcher program may charge a fee for participation in the program.

  3. Each individual pursuing a Provisional (Career Switcher) License who seeks an endorsement in special education (i) shall complete at least 60% of the requirements set forth in 8VAC20-543-500 as part of Level I preparation and (ii) shall complete the remaining requirements set forth in 8VAC20-543-500 as part of Level II and Level III preparation.

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 an accredited 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.

  1. 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.

  2. 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 an accredited 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 an accredited 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 which there is no Virginia Board of Education-prescribed content or subject assessment.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 37, Issue 14, eff. April 15, 2021; Volume 41, Issue 2, eff. October 24, 2024; Volume 41, Issue 5, eff. November 20, 2024.
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 an accredited four-year 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. Universal licensure by reciprocity shall be provided for any individual who holds a valid out-of-state teaching license with full credentials and without deficiencies that has been in force for at least three years prior to and is in force at the time of application. No service requirements or licensing assessments shall be required for any such individual who applies for universal licensure by reciprocity. Any individual who applies for universal licensure by reciprocity shall provide a copy of the individual's out-of-state teaching license that meets the criteria set forth in this subsection. Any such individual shall be subject to the provisions of §§ 22.1-296.2 and 22.1-296.4 of the Code of Virginia. The department shall prioritize applications for universal licensure by reciprocity.

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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 37, Issue 14, eff. April 15, 2021; Volume 39, Issue 4, eff. November 9, 2022; Volume 41, Issue 2, eff. October 24, 2024; Volume 41, Issue 3, eff. October 25, 2024.
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 accredited two-year or four-year 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 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 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 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 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 an accredited two-year or four-year institution.

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

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 37, Issue 14, eff. April 15, 2021; Volume 41, Issue 2, eff. October 24, 2024.

Part IV Licensure Regulations Governing Early/Primary Education, Elementary Education, and Middle Education Endorsements

8VAC20-23-120 Early/primary education, elementary education, and middle education endorsements

Individuals seeking licensure with endorsements in early/primary education, elementary education, and middle education may meet requirements through the completion of an approved program, or if employed by a Virginia public or accredited nonpublic school, through the alternate route to licensure. Components of the licensure program include a degree from an accredited 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
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): 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, including economic, social, racial, ethnic, religious, physical, and cognitive differences, 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.

  1. Curriculum and instruction: three semester hours.

a. Early/primary education preK-3 or elementary education preK-6 curriculum and instruction: 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; (v) English Language Development Standards (WIDA); and (vi) 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 student skills and development and shall demonstrate knowledge and skill in interacting in such situations to promote specific learning outcomes as reflected in 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 evidence-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: 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 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 evidence-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'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 student skills and development and shall demonstrate knowledge and skill in interacting in such situations to promote specific learning outcomes as reflected in Virginia's 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.

  1. Classroom and behavior management: 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 student age shall be understood and demonstrated in techniques used in the classroom.

  1. Assessment of and for learning: 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.

  1. Foundations of education and the teaching profession: 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.

  1. Language and literacy: six semester hours.

a. Early/primary preK-3 and elementary education 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. Skills listed for these endorsement areas must include science-based reading research and evidence-based literacy instruction. As required by the Virginia Literacy Act, students must demonstrate mastery of understanding science-based reading research and evidence-based literacy instruction.

(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) Reading and writing: 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 literary and informational texts and independent reading.

b. Middle education - language acquisition and reading development: three semester hours and literacy in the content areas: three semester hours.

(1) Language acquisition and reading development: 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 literary and informational texts and independent reading for adolescent learners.

(2) Literacy in the content areas: 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 literary and informational 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 literary and informational 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 based 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 literary and informational texts and independent reading.

  1. 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 9, 2024; Volume 42, Issue 3, eff. November 6, 2025.
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 an accredited 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
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 an accredited 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 six semester hours in English, coursework must be grounded in science-based reading research and evidence-based literacy instruction, and pass a rigorous elementary subject test prescribed by the Virginia Board of Education;

b. Mathematics (shall include Algebra, geometry, probability and statistics, and methods in teaching elementary mathematics): 12 semester hours; or complete six semester hours in mathematics, complete a methods in teaching elementary mathematics course (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 six semester hours in laboratory science (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 Virginia Board of Education;

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 in teaching elementary history and social sciences course (three semester hours), and pass a rigorous elementary subject test prescribed by the Virginia Board of Education; and

e. Arts: three semester hours.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024; Volume 42, Issue 3, eff. November 6, 2025.
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 an accredited 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 six semester hours in English, coursework must be grounded in science-based reading research and evidence-based literacy instruction, and pass a rigorous elementary subject test prescribed by the Virginia 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 in teaching elementary mathematics course (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 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 Virginia Board of Education;

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 in teaching elementary history and social sciences course (three semester hours), and pass a rigorous elementary subject test prescribed by the Virginia Board of Education; and

e. Arts: three semester hours.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024; Volume 42, Issue 3, eff. November 6, 2025.
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 an accredited 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, literary and informational texts, media literacy, advanced composition, and interpersonal communication or speech) coursework must be grounded in science-based reading research and evidence-based literacy instruction: 21 semester hours.

b. Mathematics. Mathematics concentration (shall include coursework in Algebra, geometry, probability and statistics, applications of mathematics, and methods of teaching mathematics to include middle school mathematics content): 24 semester hours.

c. 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024; Volume 42, Issue 3, eff. November 6, 2025.

Part V Licensure Regulations Governing PreK-12, Special Education, Secondary Grades 6-12, and Adult Education Endorsements

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 an accredited 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-190 Professional studies requirements for PreK-12, special education, secondary grades 6-12, and adult education endorsements

Professional studies requirements for preK-12, secondary grades 6-12, and adult education endorsements: 18 semester hours. Professional studies requirements for special education endorsements: 21 semester hours. These requirements may be taught in integrated coursework or modules.

  1. Human development and learning (birth through adolescence): 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, including economic, social, racial, ethnic, religious, physical, and cognitive differences, should be incorporated to include skills contributing to an understanding of developmental disabilities and developmental issues related to, but not limited to, low socioeconomic status; attention deficit disorders; developmental disabilities; gifted education, including the use of multiple criteria to identify gifted students; substance abuse; trauma, including child abuse and neglect and other adverse childhood experiences; and family disruptions.

  1. Curriculum and instruction: three semester hours.

a. Skills in this area shall contribute to an understanding of the principles of learning; the application of skills in discipline-specific methodology; varied and effective methods of communication with and among students; selection and use of materials, including media and contemporary technologies; selection, development, and use of appropriate curricula, methodologies, and materials that support and enhance student learning and reflect the research on unique, age-appropriate, and culturally relevant curriculum and pedagogy.

b. Understanding of the principles of online learning and online instructional strategies and the application of skills to deliver online instruction shall be included.

c. 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 level of endorsement sought shall be included.

d. Teaching methods shall be tailored to promote student academic progress and effective preparation for the Virginia Standards of Learning assessments.

e. Methods of improving communication between schools and families, ways of increasing family engagement in student learning at home and in school, and family engagement with the Virginia Standards of Learning shall be included.

f. Study in child abuse recognition and intervention in accordance with curriculum guidelines developed by the State 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.

g. Curriculum and instruction for secondary grades 6-12 endorsements shall include middle and secondary education.

h. Pre-student teaching experiences (field experiences) should be evident within these skills. For preK-12, field experiences shall be at the elementary, middle, and secondary levels.

  1. Assessment of and for learning: 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 assessments shall be included.

  1. Foundations of education and the teaching profession: 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.

  1. Classroom and behavior management: 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 and development of social skills and 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. The link between classroom management and student age shall be understood and demonstrated in techniques used in the classroom.

  1. Language and literacy.

a. Adult education, preK-12, and secondary grades 6-12 - literacy in the content areas: 3 semester hours. Skills in this area shall be designed to impart an understanding of vocabulary development and comprehension skills in English, mathematics, science, history and social science, and other content areas. Strategies include teaching students how to ask effective questions, summarize and retell both verbally and in writing, and listen effectively. Teaching strategies include literal, interpretive, critical, and evaluative comprehension, as well as the ability to foster appreciation of a variety of literary and informational texts and independent reading for adolescent learners.

b. Special education - 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) Reading and writing: 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 the composing and written expression and usage and mechanics domains. Additional skills shall include proficiency in understanding the stages of spelling development and the writing process and the ability to foster appreciation of a variety of literary and informational texts and independent reading. Coursework must be grounded in science-based reading research and evidence-based literacy instruction.

  1. Supervised classroom experience. Supervised clinical experiences shall be continuous and systematic and comprised of early field experiences and a minimum of 10 weeks of successful full-time student teaching in the endorsement area sought under the supervision of a cooperating teacher with demonstrated effectiveness in the classroom. The summative supervised student teaching experience shall include at least 150 clock hours spent in direct teaching at the level of endorsement in a public or accredited nonpublic school.

If a preK-12 endorsement is sought, teaching activities shall be at the elementary and middle or secondary levels. Individuals seeking the endorsement in library media shall complete the supervised school library media practicum in a school library media setting. Individuals seeking an endorsement in an area of special education shall complete the supervised classroom experience requirement in the area of special education for which the endorsement is sought. One year of successful full-time teaching experience in the endorsement area in a public or an accredited nonpublic school may be accepted in lieu of the supervised teaching experience. For the Online Teacher License only, one year of successful online teaching experience in the endorsement area in a public school, an accredited nonpublic school, or an accredited virtual school or program may be accepted in lieu of the supervised teaching experience. A fully licensed, experienced teacher shall be available in the school building to assist a beginning teacher employed through the alternate route.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 37, Issue 14, eff. April 15, 2021; Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-23-200 Adult education

A. Endorsement requirements. The candidate shall have:

  1. Earned a baccalaureate degree from an accredited institution or hold a Collegiate Professional License (requires a baccalaureate degree from an accredited 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-210 Adult English as a second language (add-on endorsement)

Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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: three semester hours;

b. English linguistics: three semester hours;

c. Cross-cultural education: three semester hours;

d. Modern foreign language: six semester hours; and

e. Electives from the following areas: 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-220 Career and technical education – agricultural education

A. Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited institution and completed 39 semester hours of coursework in agriculture, including at least three semester hours in each of the areas in subdivisions 2 a through 2 f of this subsection, as well as a minimum of 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, 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: three semester hours; curriculum and instruction in career and technical education: three semester hours; and applications of instructional technology or classroom and behavior management: 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-230 Career and technical education – business and information technology

A. Endorsement requirements. The candidate shall have:

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

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

a. Accounting: six semester hours;

b. Economics: three semester hours;

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

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

g. Supervised business experience: 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 an accredited institution in the teaching specialty area sought; and

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

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-240 Career and technical education – family and consumer sciences

A. Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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: nine semester hours;

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

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

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

e. Apparel and textiles: six semester hours;

f. Occupational program management: three semester hours; and

g. Supervised occupational experience related to family and consumer sciences, 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 an accredited institution, where applicable in the area of endorsement sought; and

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

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-250 Career and technical education – health and medical sciences

A. Endorsement requirements. The candidate shall have:

  1. Earned a baccalaureate degree from an accredited 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 an accredited 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 an accredited institution in the teaching specialty area sought; and

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

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-260 Career and technical education – marketing education

A. Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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: three semester hours;

b. Management and supervision: six semester hours;

c. Economics: three semester hours;

d. Merchandising and operations: three semester hours;

e. Advertising and promotion: three semester hours;

f. Sales and selling: three semester hours;

g. Communication theory and techniques: three semester hours;

h. Consumer behavior: three semester hours;

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

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

k. Technology applications: three semester hours; and

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

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-270 Career and technical education – technology education

Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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: 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: 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: 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: 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: nine semester hours; or

  1. Earned a baccalaureate degree from an accredited 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 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 division superintendent may issue the teacher a provisional license to allow time for the teacher to attain such credential.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024; Volume 41, Issue 3, eff. October 25, 2024.
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 an accredited 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 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: three semester hours; curriculum and instruction in career and technical education: three semester hours; and applications of instructional technology or classroom and behavior management: 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 three semester hours in curriculum and instruction specific to vocational industrial education.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
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 an accredited institution and graduated from an approved teacher preparation program in transition and special needs education; or

  2. Earned a baccalaureate degree from an accredited 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: three semester hours;

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

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

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

  1. Completed successful, supervised occupational experience, three semester hours, or one year of full-time or the equivalent of relevant occupational experience within the past five years.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-300 Computer science

A. Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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: six semester hours.

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

  1. Earned a baccalaureate degree from an accredited 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: six semester hours.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-310 Dance arts preK-12

A. Endorsement requirements. The candidate shall have:

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

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

a. Development of movement language: nine semester hours.

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

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

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

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

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

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

  1. Earned a baccalaureate degree from an accredited 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: nine semester hours.

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

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

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

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

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-320 Driver education (add-on endorsement)

Endorsement requirements. The candidate shall have:

  1. Earned a baccalaureate degree from an accredited 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 an accredited institution and hold a license issued by the Virginia Board of Education with a teaching endorsement in a teaching area; and completed 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: 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 two hours of basic evasive maneuvers; and a minimum of 14 hours of mentorship with a licensed, endorsed driver education teacher: three semester hours.

  1. A current, valid Virginia driver's license. School divisions are to ensure that teachers of driver education hold a valid driver's license.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
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 an accredited institution 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 2, eff. October 9, 2024; amended, Virginia Register Volume 42, Issue 7, eff. January 1, 2026.
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 an accredited institution 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 an accredited institution. 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 2, eff. October 9, 2024; amended, Virginia Register Volume 42, Issue 7, eff. January 1, 2026.
8VAC20-23-323 Dual language (target language) endorsement preK-6

A. The dual language (target language) 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 an accredited institution and graduated from an approved teacher preparation program in dual language (target language) endorsement; or

  2. Earned a baccalaureate degree from an accredited institution, 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 2, eff. October 9, 2024; amended, Virginia Register Volume 42, Issue 7, eff. January 1, 2026.
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 an accredited institution 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 an accredited institution. 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 2, eff. October 9, 2024; amended, Virginia Register Volume 42, Issue 7, eff. January 1, 2026.
8VAC20-23-330 Engineering

Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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 an accredited 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;

  1. Earned a baccalaureate degree from an accredited 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

  2. Earned a baccalaureate degree from an accredited institution and hold a professional engineer's (P.E.) license.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-340 English

Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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: 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: 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: six semester hours.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-350 English as a second language preK-12

Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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; and vocabulary development. Ability to structure interactive tasks that engage students in using oral language to develop language and skills. Ability to determine student reading needs and design instruction for students of varied backgrounds by incorporating appropriate scaffolding or language supports; one course shall address teaching reading to English language learners. Coursework must be grounded in science-based reading research and evidence-based literacy instruction: six semester hours;

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

c. Cross-cultural education: three semester hours;

d. Second language acquisition: 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: three semester hours;

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

g. Electives from the areas listed in this subdivision 2: three semester hours.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024; Volume 42, Issue 3, eff. November 6, 2025.
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 an accredited institution and graduated from an approved teacher preparation program in a foreign language; or

  2. Earned a baccalaureate degree from an accredited 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.

  1. Endorsement in a second foreign language may be obtained by successfully completing 24 semester hours of coursework above the intermediate level.

  2. Candidates who have learned a foreign language without formal academic credit in an accredited 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 an accredited 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 an accredited institution and graduated from an approved teacher preparation program in Latin; or

  2. Earned a baccalaureate degree from an accredited 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 an accredited 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 an accredited 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 an accredited institution in the United States; and

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

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 40, Issue 12, eff. March 14, 2024; Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-370 Gifted education (add-on endorsement)

Endorsement requirements. The candidate shall have:

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

  3. Completed the following requirements:

a. Earned a baccalaureate degree from an accredited 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: three semester hours;

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

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

(4) Advanced course work in one of the following areas: 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-380 Health and physical education preK-12

Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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: three semester hours;

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

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

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

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

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

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

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

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

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

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

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-390 History and social sciences

A. Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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 an accredited 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-400 Journalism (add-on endorsement)

Endorsement requirements. The candidate shall have:

  1. Earned a baccalaureate degree from an accredited 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-410 Keyboarding (add-on endorsement)

Endorsement requirements. The candidate shall have:

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

  2. Completed 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-420 Library media preK-12

Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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: 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: 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: 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: 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: six semester hours.

  1. 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-430 Mathematics

Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-440 Mathematics – algebra I (add-on endorsement)

Endorsement requirements. The candidate shall have:

  1. Earned a baccalaureate degree from an accredited 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-450 Music education – instrumental preK-12

Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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: six semester hours.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-460 Music education – vocal/choral preK-12

Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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: six semester hours.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-470 Science – biology

Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-480 Science – chemistry

Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-490 Science – Earth science

Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-500 Science – physics

Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-510 Special education – adapted curriculum K-12

Endorsement requirements: The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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: 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: 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: 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: 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: 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 in this section.

(2) Individualized education program (IEP) implementation: 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: 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: 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. Coursework in English-Language Arts must be grounded in science-based reading research and evidence-based literacy instruction.

(5) Individualized supports and specialized care of students with significant disabilities: 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024; Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-23-520 Special education blindness and visual impairments preK-12

Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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: 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: 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: 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: 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. Coursework in language development and English-Language Arts must be grounded in science-based reading research and evidence-based literacy instruction.

e. Medical and educational implications of visual impairment: 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: 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: 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: 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: 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: 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024; Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-23-530 Special education deaf and hard of hearing preK-12

Endorsement requirements. The candidate shall have:

  1. Earned a baccalaureate degree from an accredited institution and graduated from an approved teacher preparation program in special education deaf and hard of hearing; or

  2. Earned a baccalaureate degree from an accredited 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: 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: 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 or languages, and who may have additional disabilities.

c. Assessment and evaluation: 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: 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: 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. Coursework in language development and English-Language Arts must be grounded in science-based reading research and evidence-based literacy instruction.

f. Classroom and behavior management: 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: 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: 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: 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024; Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-23-540 Special education early childhood (birth-age five years)

Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited institution and completed a major in early childhood special education or 27 semester hours in early childhood special education, including at least one course in each of the following:

a. Foundations and legal aspects of special education: 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: three semester hours;

c. Curriculum and instructional programming for preschool. Coursework in language development and English-Language Arts must be grounded in science-based reading research and evidence-based literacy instruction: three semester hours;

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

e. Medical aspects: three semester hours;

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

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

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

i. Early childhood elective: three semester hours.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024; Volume 42, Issue 3, eff. November 6, 2025; Volume 42, Issue 7, eff. January 1, 2026.
8VAC20-23-550 Special education – general curriculum K-12

Endorsement requirements: The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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: 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: 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: 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: 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: 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: 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: 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. Coursework must be grounded in science-based reading research and evidence-based literacy instruction: 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: 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024; Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-23-560 Special education – general curriculum K-6 (add-on endorsement)

Endorsement requirements: The candidate shall have:

  1. Earned a baccalaureate degree from an accredited 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: 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: 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: 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. Coursework must be grounded in science-based reading research and evidence-based literacy instruction: 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: 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.

  1. 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024; Volume 42, Issue 3, eff. November 6, 2025.
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 an accredited 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: 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: 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: 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. Coursework must be grounded in science-based reading research and evidence-based literacy instruction: 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: 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.

  1. 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024; Volume 42, Issue 3, eff. November 6, 2025.
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 an accredited 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: 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: 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: 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. Coursework must be grounded in science-based reading research and evidence-based literacy instruction: 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: 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.

  1. 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024; Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-23-590 Speech communication (add-on endorsement)

Endorsement requirements. The candidate shall have:

  1. Earned a baccalaureate degree from an accredited 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-600 Theatre arts preK-12

A. Endorsement requirements. The candidate shall have:

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

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

a. Directing: six semester hours;

b. Technical theatre: nine semester hours;

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

d. Performance: six semester hours; and

e. Dramatic literature: nine semester hours.

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

  1. Earned a baccalaureate degree from an accredited 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: three semester hours;

b. Technical theatre: three semester hours;

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

d. Performance: six semester hours.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-610 Visual arts preK-12

Endorsement requirements. The candidate shall have:

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

  2. Earned a baccalaureate degree from an accredited 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: six semester hours;

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

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

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-615 Economics and personal finance (add-on endorsement)

Endorsement requirement. The candidates shall have:

  1. Earned a baccalaureate degree from a regionally accredited college or university and hold a license (Collegiate Professional License, Postgraduate Professional License, or a Provisional License leading to a Collegiate Professional or Postgraduate Professional License) issued by the State Board of Education with a teaching endorsement; and

  2. Completed an approved teacher preparation program in economics and personal finance (add-on endorsement); or completed the following requirements:

a. Six semester hours of economics or a non-college credit institute in economics. The non-college credit institute in economics must be a minimum of 45 clock hours and offered by a Virginia school division or a regionally accredited college or university. The institute must include the economics content set forth in the Virginia Standards of Learning for economics and personal finance and be approved by the Department of Education; and

b. Three semester hours of personal finance or a non-college credit institute in finance. The non-college credit institution in finance must be a minimum of 45 clock hours and offered by a Virginia school division or a regionally accredited college or university. The institute must include the personal finance content set forth in the Standards of Learning for economics and personal finance and be approved by the Department of Education.

History

  • Statutory Authority: § 22.1-298.1 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 11, eff. February 11, 2026.

Part VI Licensure Regulations Governing Support Personnel

8VAC20-23-620 Administration and supervision preK-12

A. An endorsement in administration and supervision preK-12 consists of Level I, which is required to serve as a building-level administrator or central office instructional supervisor, and Level II, which is an optional endorsement to which an experienced building-level administrator may aspire. Individuals 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 an accredited 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 an accredited 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

  1. 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 an accredited 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 an accredited 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 an accredited 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 an accredited 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 an accredited 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 an accredited 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
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 an accredited 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.

  1. Option II. The individual shall have:

a. Earned a master's degree from an accredited 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.

  1. Option III. The individual shall have:

a. Earned a master's degree from an accredited 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.

  1. Option IV. The individual shall have:

a. Earned a master's degree or its equivalent from an accredited 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 35, Issue 21, eff. July 10, 2019; Volume 41, Issue 2, eff. October 24, 2024.
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 an accredited institution required; or

b. Completed a graduate-level program in mathematics, mathematics education, or related education field - master's degree from an accredited 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
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 an accredited institution required; or

b. Completed a graduate-level program in mathematics, mathematics education, or related education field - master's degree from an accredited 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
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 an accredited 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. Coursework must be grounded in science-based reading research and evidence-based literacy instruction;

  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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024; Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-23-670 School counselor preK-12

Endorsement requirements.

  1. Option I. The candidate shall have:

a. Earned a master's degree from an accredited 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.

  1. Option II. The candidate shall have:

a. Earned a master's degree from an accredited 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
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 an accredited institution;

  2. Have three years successful, full-time managerial experience; and

  3. Be recommended for the license by a Virginia school division superintendent.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
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 an accredited 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.

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

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-23-700 School social worker

Endorsement requirements. The candidate shall have:

  1. Earned a master's of social work degree from an accredited institution with a minimum of 60 graduate-level semester hours; or earned an advanced standing master's of social work degree from an accredited 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 (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).

  1. 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.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
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 an accredited institution and completed 15 graduate semester hours distributed in the following areas:

a. Tests and measurements: three semester hours;

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

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

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

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

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

Part VII Revocation, Cancellation, Suspension, Denial, and Reinstatement of Licenses

8VAC20-23-720 Revocation

A. A license issued by the Virginia Board of Education may be revoked for the following reasons:

  1. Obtaining or attempting to obtain a license by fraudulent means or through misrepresentation of material facts;

  2. Falsification of school records, documents, statistics, or reports;

  3. Conviction of any felony;

  4. Conviction of any misdemeanor involving moral turpitude;

  5. Conviction of any misdemeanor involving a student or minor;

  6. Conviction of any misdemeanor involving drugs (not alcohol);

  7. Conduct with direct and detrimental effect on the health, welfare, discipline, or morale of a student or minor;

  8. Misapplication of or failure to account for school funds or other school properties with which the licensee has been entrusted;

  9. Acts related to secure mandatory tests as specified in subsection A of § 22.1-292.1 of the Code of Virginia;

  10. Knowingly and willfully with the intent to compromise the outcome of an athletic competition procure, sell, or administer anabolic steroids or cause such drugs to be procured, sold, or administered to a student who is a member of a school athletic team, or fail to report the use of such drugs by a student to the school principal and division superintendent as required by clause (iii) of subsection A of § 22.1-279.3:1 of the Code of Virginia. Any person whose license is suspended or revoked by the board pursuant to this section shall be ineligible for three school years for employment in the public schools of the Commonwealth;

  11. Revocation, suspension, surrender, cancellation, invalidation, or denial of, or other adverse action against, a teaching, administrator, pupil personnel services, or other education-related certificate or license by another state, territory, or country; or denial of an application for any such certificate or license;

  12. Founded case of child abuse or neglect after all administrative appeals have been exhausted;

  13. Notification of dismissal or resignation pursuant to subsection F of § 22.1-313 of the Code of Virginia; or

  14. Other good and just cause in the best interest of the public schools of the Commonwealth of Virginia.

B. The Virginia Board of Education shall revoke the license of any person for whom it has received a notice of dismissal or resignation pursuant to subsection F of § 22.1-313of the Code of Virginiaand, in the case of a person who is the subject of a founded complaint of child abuse or neglect, after all rights to any administrativeappeal provided by § 63.2-1526of the Code of Virginiahave 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 the individual's license as a teacher, the board shall consider and act upon such application no later than 90 days after the date of submission.

C. Procedures.

  1. A complaint may be filed by anyone, but it shall be the duty of a division superintendent, principal, or other responsible school employee to file a complaint in any case in which he has knowledge that a basis for the revocation of a license exists, as set forth in subsection A of this section. The person making the complaint shall submit the complaint in writing to the appropriate division superintendent. If the subject of the complaint is the division superintendent, the person making the complaint may submit the complaint to the chair of the local school board.

  2. Upon receipt of the complaint against the holder of a license, a division superintendent or his duly authorized representative shall conduct an immediate and thorough investigation of any complaint alleging that a license holder has engaged in conduct that may form the basis for the revocation of the license holder's license. If, on the basis of such investigation, the division superintendent finds the complaint to be without merit, the division superintendent shall so notify the complaining party in writing and then close his file on the matter. This action shall be final unless the local school board, on its own motion, votes to proceed to a hearing on the complaint.

D. Petition for revocation. Upon completing an investigation, should the division superintendent or local school board conclude that there is reasonable cause to believe that the license holder has engaged in conduct that forms the basis for revocation of a license, the license holder shall be notified of the complaint by a written petition for revocation of a license signed by the division superintendent. A copy of such petition shall be sent by certified mail, return receipt requested, to the license holder's last known address. The school board shall 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 this chapter; and the school board shall provide a copy of the investigative file and such petition for revocation to the Superintendent of Public Instruction at the time that the hearing is scheduled.

E. Form of petition. The petition for the revocation of a license shall set forth:

  1. The name and last known address of the person against whom the petition is being filed;

  2. The type of license and the license number held by the person against whom the petition is being filed;

  3. The basis for revocation and the specific underlying alleged actions;

  4. A statement of rights of the person against whom the petition is being filed. The statement of rights shall notify the person that any adverse action against a license, including revocation, will be reported to the division superintendents in Virginia and, through a national clearinghouse, to chief state school officers of the other states and territories of the United States. The statement also shall include notification to the person of the right to cancel the license if the person chooses not to contest the allegations in the petition. The statement shall notify the individual that the individual shall receive a notice of cancellation that will include the statement: "The license holder voluntarily returned the license in response to a petition for revocation." The individual also shall be notified that the cancellation of the license will be reported to division superintendents in Virginia and, through a national clearinghouse, to chief state school officers of the other states and territories of the United States; and

  5. Any other pertinent information.

F. Filing of petition. The original petition shall be entered in the files of the local school board where the license holder is or was last employed.

G. Response to petition. The license holder shall present the license holder's written answer to the petition, if any, within 14 days of delivery or attempted delivery of the petition as certified by the United States Postal Service.

  1. If the license holder does not wish to contest the allegations in the petition, the license holder may request cancellation of the license by submitting a written, signed statement requesting cancellation in response to a petition for revocation. The division superintendent shall forward the request for cancellation along with the petition for revocation to the Superintendent of Public Instruction within 14 days of receipt. The Superintendent of Public Instruction shall cancel the license and send a notice of cancellation to the person by certified mail within 14 days of receipt of the request for cancellation.

  2. If the license holder files a written answer admitting or denying the allegations in the petition or fails to file a written answer within 14 days of delivery or attempted delivery of the petition, as certified by the United States Postal Service, the local school board shall proceed to a hearing as described in subsection D of this section and subdivision 3 of this subsection; and within 90 days of mailing the petition to the license holder and provide the Superintendent of Public Instruction a copy of the petition and investigative file at the time the local school board hearing is scheduled. The local school board shall provide a hearing at the time and place of its regular meeting or at such other reasonable time and place it may specify. The license holder or the license holder's representative, if any, shall be given at least 14 days' notice of the hearing.

  3. At the hearing, the local school board shall receive the recommendation of the division superintendent and then either deny the petition or recommend license revocation or suspension. A decision to deny the petition shall be final, except as specified in subsection H of this section, and the investigative file on the petition shall be closed and maintained as a separate file. Any record or material relating to the allegations in the petition shall be placed in the investigative file. Should the local school board recommend the revocation or suspension of a license, the division superintendent shall forward the recommendation, petition, and investigative file to the Superintendent of Public Instruction within 14 days.

H. Revocation on motion of the Virginia Board of Education. The Virginia Board of Education reserves the right to act directly to revoke a license when the Virginia Board of Education has reasonable cause to believe that subsection A of this section is applicable. The Superintendent of Public Instruction may send a petition for revocation to the license holder as provided by subsection E of this section. The license holder shall have the opportunity to present the license holder's written answer, if any, to the petition within 14 days of delivery or attempted delivery of the petition, as certified by the United States Postal Service.

  1. If the license holder does not wish to contest the allegations in the petition, the license holder may request the cancellation of the license by submitting a written, signed statement requesting cancellation in response to a petition for revocation. The Superintendent of Public Instruction shall cancel the license and send a notice of cancellation to the person by certified mail within 14 day of receipt of the request for cancellation.

  2. If the license holder files a written answer admitting the allegations in the petition or fails to file a written answer within 14 days of delivery or attempted delivery of the petition, as certified by the United States Postal Service, the petition shall be forwarded to the Virginia Board of Education for action. No revocation will be ordered without the involved license holder being given the opportunity to appear at a hearing specified in 8VAC20-23-780 C.

  3. If the license holder timely files the license holder's written answer denying the allegations in the petition, the Superintendent of Public Instruction shall schedule a hearing with the investigative panel provided in 8VAC20-23-780 A. The license holder or the license holder's representative, if any, shall be given at least 14 days' notice of the hearing. The investigative panel shall take action on the petition as specified in 8VAC20-23-780 A. No revocation will be ordered without the involved license holder being given the opportunity to appear at a hearing specified in 8VAC20-23-780 C.

I. Reinstatement of license. A license that has been revoked may be reinstated by the Virginia Board of Education after five years if the board is satisfied that reinstatement is in the best interest of the public schools of the Commonwealth of Virginia. The individual seeking reinstatement shall submit a written request and completed application to the board. Notification to all appropriate parties will be communicated in writing by the Virginia Department of Education.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 37, Issue 14, eff. April 15, 2021; Volume 38, Issue 14, eff. April 15, 2022; Volume 40, Issue 5, eff. November 22, 2023.
8VAC20-23-730 Cancellation

A. A license may be canceled by the voluntary return of the license by the license holder in response to a petition for revocation or suspension or pursuant to a court order. Reasons for cancellation are the same as those listed under 8VAC20-23-720 A.

B. The individual may voluntarily return the license to the division superintendent or the Superintendent of Public Instruction with a written, signed statement requesting cancellation. The individual shall acknowledge in the request that he understands that the notice of cancellation will include the statement: "The license holder voluntarily surrendered his teaching license and requested cancellation. Reasons for cancellation are the same as those for revocation." The individual shall also acknowledge that he understands that the notice of cancellation will include the statement: "The license holder voluntarily surrendered the license in response to a petition for revocation or suspension or a court order." The individual also shall acknowledge that he understands that the cancellation of the license will be reported to division superintendents in Virginia and, through a national clearinghouse, to chief state school officers of the other states and territories of the United States. The division superintendent shall forward any request for cancellation and, if applicable, the petition for revocation or suspension to the Superintendent of Public Instruction within 14 days of receipt. The Superintendent of Public Instruction shall cancel the license and send the person a notice of cancellation by certified mail within 14 days of receipt of the request for cancellation.

C. A license that has been canceled may be reinstated by the Virginia Board of Education if the board is satisfied that reinstatement is in the best interest of the public schools of the Commonwealth of Virginia. The individual seeking reinstatement shall submit a written request and completed application to the board. Notification to all appropriate parties will be communicated in writing by the Virginia Department of Education.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-23-740 Suspension

A. A license may be suspended for the following reasons:

  1. Physical, mental, or emotional incapacity as shown by a competent medical authority;

  2. Incompetence or neglect of duty;

  3. Failure or refusal to comply with school laws and regulations, including willful violation of contractual obligations;

  4. Acts related to secure mandatory tests as specified in subsection A of § 22.1-292.1 of the Code of Virginia;

  5. Knowingly and willfully with the intent to compromise the outcome of an athletic competition procure, sell, or administer anabolic steroids or cause such drugs to be procured, sold, or administered to a student who is a member of a school athletic team, or fail to report the use of such drugs by a student to the school principal and division superintendent as required by clause (iii) of subsection A of § 22.1-279.3:1 of the Code of Virginia. Any person whose license is suspended or revoked by the board pursuant to this section shall be ineligible for three school years for employment in the public schools of the Commonwealth; or

  6. Other good and just cause in the best interest of the public schools of the Commonwealth of Virginia.

B. Procedures.

  1. A complaint may be filed by anyone, but it shall be the duty of a division superintendent, principal, or other responsible school employee to file a complaint in any case in which he has knowledge that a basis for suspension exists, as set forth in subsection A of this section. The person making the complaint shall submit the complaint in writing to the appropriate division superintendent. If the subject of the complaint is the division superintendent, the person making the complaint may submit the complaint to the chair of the local school board.

  2. Upon receipt of the complaint against the holder of a license, a division superintendent or his duly authorized representative shall immediately and thoroughly investigate the complaint. If, on the basis of such investigation, the division superintendent finds the complaint to be without merit, he shall so notify the complaining party or parties in writing and then close his file on the matter. This action shall be final unless the local school board on its own motion votes to proceed to a hearing on the complaint.

C. Petition for suspension. Should the division superintendent or local school board conclude that there is reasonable cause to believe that a basis for suspension of the license exists, the license holder shall be notified of the complaint by a written petition for suspension of a license signed by the division superintendent. A copy of such petition shall be sent by certified mail, return receipt requested, to the license holder's last known address.

D. Form of petition. The petition for the suspension of a license shall set forth:

  1. The name and last known address of the person against whom the petition is being filed;

  2. The type of license and the license number held by the person against whom the petition is being filed;

  3. The basis for suspension and the specific underlying alleged actions;

  4. A statement of the rights of the person against whom the petition is being filed. The statement of rights shall notify the person that the license may be suspended for up to five years with the period of suspension, as determined by the Virginia Board of Education. In addition, the statement shall notify the person that any adverse action against a license, including suspension, will be reported to the division superintendents in Virginia and, through a national clearinghouse, to chief state school officers of the other states and territories of the United States. The statement also shall notify the person of the right to cancel the license if he chooses not to contest the allegations in the petition and notify the individual that if he cancels the license, he shall receive a notice of cancellation that will include the statement: "The license holder voluntarily returned the license in response to a petition for suspension." The individual also shall be notified that the cancellation will be reported to division superintendents in Virginia and, through a national clearinghouse, to chief state school officers of the other states and territories of the United States; and

  5. Any other pertinent information.

E. Filing of petition. The original petition shall be entered in the files of the local school board where the license holder is or was last employed.

F. Response to petition. The license holder shall present his written answer to the petition, if any, within 14 days of delivery or attempted delivery of the petition, as certified by the United States Postal Service.

  1. If the license holder does not wish to contest the allegations in the petition, he may request cancellation of the license by submitting a written and signed statement requesting cancellation in response to a petition for suspension to the division superintendent. The division superintendent shall forward the request for cancellation along with the petition for suspension to the Superintendent of Public Instruction within 14 days of receipt. The Superintendent of Public Instruction shall cancel the license and send the person a notice of cancellation to the person by certified mail within 14 days of receipt of the request for cancellation.

  2. If the license holder files a written answer admitting or denying the allegations in the petition or fails to file a written answer within 14 days of delivery or attempted delivery of the petition, as certified by the United States Postal Service, the local school board shall promptly proceed to a hearing. The local school board shall provide a hearing at the time and place of its regular meeting or at such other reasonable time and place it may specify. The license holder or his representative, if any, shall be given at least 14 days' notice of the hearing.

  3. At its hearing, the local school board shall receive the recommendation of the division superintendent and then either deny the petition or recommend suspension. A decision to deny the petition shall be final, except as specified in subsection G of this section, and the investigative file on the petition shall be closed and maintained as a separate file. Any record or material relating to the allegations in the petition shall be placed in the investigative file. Should the local school board recommend the suspension of a license, the division superintendent shall forward the recommendation and the investigative file to the Superintendent of Public Instruction within 14 days.

G. Suspension on motion of the Virginia Board of Education. The Virginia Board of Education reserves the right to act directly to suspend a license when the Virginia Board of Education has reasonable cause to believe that subsection A of this section is applicable. The Superintendent of Public Instruction may send a petition for suspension to the license holder as specified in subsection D of this section. The license holder shall have the opportunity to present his written answer to the petition, if any, within 14 days of delivery or attempted delivery of the petition, as certified by the United States Postal Service.

  1. If the license holder does not wish to contest the allegations in the petition, he may request cancellation of the license by submitting a written, signed statement requesting cancellation in response to a petition for suspension. The Superintendent of Public Instruction shall cancel the license and send a notice of cancellation to the person by certified mail within 14 days of receipt of their request for cancellation.

  2. If the license holder files a written answer admitting the allegations in the petition or fails to file a written answer within 14 days of delivery or attempted delivery of the petition, as certified by the United States Postal Service, the petition shall be forwarded to the Virginia Board of Education for action. No suspension will be ordered without the involved license holder being given the opportunity to appear at a hearing specified in 8VAC20-23-780 C.

  3. If the license holder timely files his written answer denying the allegations in the petition, the Superintendent of Public Instruction shall schedule a hearing with the investigative panel provided in 8VAC20-23-780 A. The license holder or his representative, if any, shall be given at least 14 days' notice of the hearing. The investigative panel shall take action on the petition as specified in 8VAC20-23-780 A. No suspension will be ordered without the involved license holder being given the opportunity to appear at a hearing specified in 8VAC20-23-780 C.

H. Reinstatement of license. A license may be suspended for a period of time not to exceed five years. The license may be reinstated by the Superintendent of Public Instruction, upon written request and application, with verification that all conditions for licensure have been satisfied. Notification to all appropriate parties will be communicated in writing by the Virginia Department of Education.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-23-750 Denial

A. A license may be denied for the following reasons:

  1. Attempting to obtain a license by fraudulent means or through misrepresentation of material facts;

  2. Falsification of records or documents;

  3. Conviction of any felony;

  4. Conviction of any misdemeanor involving moral turpitude;

  5. Conviction of any misdemeanor involving a student or minor;

  6. Conviction of any misdemeanor involving drugs (not alcohol);

  7. Conduct with direct and detrimental effect on the health, welfare, discipline, or morale of a student or minor;

  8. Revocation, suspension, surrender, cancellation, invalidation, or denial of, or other adverse action against, a teaching, administrator, pupil personnel services, or other education-related certificate or license by another state, territory, or country, or denial of an application for any such certificate or license;

  9. Founded case of child abuse or neglect, after all administrative appeals have been exhausted; or

  10. Other good and just cause in the best interest of the public schools of the Commonwealth of Virginia.

B. Any denial of a license for a reason set forth in 8VAC20-23-750 A shall be reported to division superintendents in Virginia and, through a national clearinghouse, to chief state school officers of the other states and territories of the United States.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-23-755 Written reprimand

A. A written reprimand of a license holder may be issued for the following reasons:

  1. Acts related to secure mandatory tests as specified in subsection A of § 22.1-292.1 of the Code of Virginia;

  2. Breach of employment contract, in the event that a school board or division superintendent declines to grant a license holder's request for release from an employment contract on the grounds of insufficient or unjustifiable cause; and

  3. In accordance with law and at the discretion of the State Board of Education after reviewing the specific facts and circumstances of a license holder's case and determining that the license holder's conduct is not sufficiently serious or harmful to merit the withdrawal of a license, any of the reasons that a license may be revoked or suspended listed in 8VAC20-23-720 A and 8VAC20-23-740 A, respectively, except (i) conviction of any violent felony set forth in the definition of barrier crime in subsection A of § 19.2-392.02 of the Code of Virginia; (ii) any offense involving the sexual molestation, physical or sexual abuse, or rape of a child; and (iii) conduct listed in 8VAC20-23-720 A 10 and 8VAC20-23-740 A 5, which requires revocation or suspension of a license by the State Board of Education under subsection A of § 22.1-292.2 of the Code of Virginia.

B. The State Board of Education may not issue a written reprimand of any license holder for whom it has received a notice of dismissal or resignation pursuant to subsection F of § 22.1-313 of the Code of Virginiaand, 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 of the Code of Virginia have been exhausted, assuming the founded complaint of child abuse or neglect remains on the Central Registry.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 38, Issue 14, eff. April 15, 2022.
8VAC20-23-760 Expired license

Written reprimand of a license holder may be issued for any reason listed in 8VAC20-23-755 A. Action against a license issued by the Virginia Board of Education may be taken for any of the reasons listed in 8VAC20-23-720 A, 8VAC20-23-740 A, or 8VAC20-23-750 A even if the license is expired, as long as the basis for the reprimand or action occurred prior to the issuance of the license or while the license was active.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 38, Issue 14, eff. April 15, 2022.
8VAC20-23-770 Right to counsel and transcript

A license holder or applicant shall have the right, at his own expense, to be represented by an attorney or other representative at (i) any local school board hearing provided for in 8VAC20-23-720 F 2 or 8VAC20-23-740 F 2, (ii) the investigative panel hearing provided for in 8VAC20-23-780 A, or (iii) in proceedings before the Virginia Board of Education as specified in 8VAC20-23-780 C. The hearing before the local school board provided for in 8VAC20-23-720 F 2 or 8VAC20-23-740 F 2 and the investigative panel hearing provided for in 8VAC20-23-780 A shall be recorded, and, upon written request, the license holder or applicant shall be provided a transcript of the hearing at his own expense. Any such hearing before the Virginia Board of Education shall be recorded, and, upon written request, the license holder or applicant shall be provided a transcript of the hearing at no charge.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-23-780 Action by the Superintendent of Public Instruction and the Virginia Board of Education

A. Upon receipt of a petition, the Superintendent of Public Instruction will ensure that an investigative panel at the state level reviews the petition. The panel shall consist of three to five members selected by the Superintendent of Public Instruction. The applicant or license holder shall be given at least 14 days' notice of the date, time, and location of the investigative panel hearing when his case will be considered. The Virginia Department of Education shall ensure that the applicant or license holder receives all documentation that will be used during the investigative panel hearing prior to the hearing. Representatives of the local school division and the applicant or license holder are entitled to be present with counsel and witnesses if so desired. The investigative panel hearing shall be recorded. The recommendation of the investigative panel is made to the Superintendent of Public Instruction who will forward his recommendation and the documentation used during the investigative panel hearing to the Virginia Board of Education or its duly designated committee for consideration at one of its scheduled meetings. The applicant or license holder shall be given at least 14 days' notice of the Virginia Board of Education meeting when his case will be considered. Following the investigative panel hearing, the Virginia Department of Education shall forward the recommendation of the investigative panel to the applicant or license holder as soon as practicable, but no later than 14 days prior to the scheduled Virginia Board of Education meeting when his case will be considered.

B. The Superintendent of Public Instruction is authorized to approve the issuance of licenses for individuals who have a misdemeanor conviction related to drugs, not including alcohol, based on a review of the cases. No individual will be denied a license without a hearing of the Virginia Board of Education as required in this section.

C. The applicant or license holder and representatives of the local school division are entitled to be present with counsel and witnesses, if so desired, at the hearing of the Virginia Board of Education. The Virginia Board of Education, or its duly designated committee, shall consider the recommendation of the Superintendent of Public Instruction and such relevant and material evidence as the applicant or license holder and representative of the local school division may desire to present at the hearing. At its discretion, the Virginia Board of Education may ask the applicant or license holder questions. At the conclusion of the hearing, the Virginia Board of Education will announce its decision.

D. The decision of the Virginia Board of Education shall be recorded in the minutes of the meeting, and the applicant or license holder and principal complainants will receive written notice of the decision.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-23-790 Right of applicant or license holder to appear at hearing

An applicant or a license holder shall have the right to appear in person at the hearings held by the local school board, the Superintendent's Investigative Panel, Virginia Board of Education, or board committee described in this part unless he is confined to jail or a penal institution. The local school board or Virginia Board of Education, at its discretion, may continue such hearings for a reasonable time if the applicant or license holder is prevented from appearing in person for reasons such as a documented medical condition or mental impairment.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-23-800 Notification

Notification of the revocation, suspension, cancellation, denial, or reinstatement of a license or the written reprimand to a license holder shall be made by the Superintendent of Public Instruction, or his designee, to division superintendents in Virginia and, through a national clearinghouse, to chief state school officers of the other states and territories of the United States.

History

  • Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 38, Issue 14, eff. April 15, 2022.

Chapter 70 Regulations Governing Pupil Transportation

Part I Definitions

8VAC20-70-10 Definitions

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

"Classroom instruction" means training provided by a qualified driver instructor through lectures, demonstrations, audio-visual presentations, computer-based instruction, driving simulation devices, or similar means. Instruction occurring outside a classroom is included if it does not involve actual operation of a school bus and its components by the student.

"Color-black" means federal standard No. 595, black.

"Color-yellow" means national school bus yellow School Bus Manufacturers Technical Council (SBMTC) color standard 008.

"Multifunction School Activity Bus (MFSAB)" means a school bus whose purposes do not include transporting students to and from home or school bus stops as defined in 49 CFR 571.3. This subcategory of school bus meets all Federal Motor Vehicle Safety Standards (FMVSS) for school buses and meets all regulations for school buses, except the traffic control devices, color, use of cruise control, and seating requirements.

"Nonconforming bus" means any vehicle designed to carry more than 10 passengers that is used to transport children to or from school or school-related activities that does not meet the federal standards, 49 CFR Part 571, specific to school buses or multifunction school activity buses. These vehicles are not approved for transporting students to and from school or school-related activities.

"School bus" means any motor vehicle other than a station wagon, automobile, truck, or commercial bus that is (i) designed and used primarily for the transportation of pupils to and from public, private, or religious schools, or for the transportation of pupils who are physically handicapped to and from a sheltered workshop; (ii) painted yellow with the words "School Bus" in black letters of a specified size on the front and rear; and (iii) equipped with warning devices prescribed in § 46.2-1090 of the Code of Virginia. A yellow school bus may have a white roof provided such vehicle is painted in accordance with regulations and specifications of the Department of Education.

"Specially equipped bus" means a school bus designed, equipped, or modified to accommodate students with special needs.

"Type A school bus" means a conversion bus constructed utilizing a cutaway front-section vehicle with a left side driver's door. This definition includes two classifications. Type A1, with a Gross Vehicle Weight Rating (GVWR) of 14,500 pounds or less; and Type A2, with a GVWR greater than 14,500 pounds, but less than or equal to 21,500 pounds.

"Type B school bus" means a bus constructed utilizing a stripped chassis. The entrance door is behind the front wheels. This definition includes two classifications: Type B1, with a GVWR of 10,000 pounds or less; and Type B2, with a GVWR greater than 10,000 pounds.

"Type C (Conventional) school bus" means a body installed upon a flat-back cowl chassis with a hood and fenders. This definition shall include two classifications: Type C1, with a GVWR range of 17,500 pounds with a design seating capacity range from 16 to 30 persons; and Type C2 with a GVWR of more than 21,500 pounds designed for carrying more than 30 persons. The engine is in front of the windshield and the entrance door is behind the front wheels. Both Type C1 and Type C2 must be equipped with dual rear tires.

"Type D school bus" means a bus with a body constructed utilizing a stripped chassis. The entrance door is ahead of the front wheels. This bus is also known as a rear engine or front engine transit style school bus.

"Vehicle" means any vehicle owned or operated by, or owned or operated by any person under contract by, a county, city, town, or school board in which any school pupils or personnel are transported at public expense from any public school or public school activity.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 1.1, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012.

Part II General Regulations

8VAC20-70-20 Transportation of children

The greatest care shall be exercised at all times in the transportation of school children.

History

  • Statutory Authority: Article VIII, § 4 of the Constitution of Virginia; §§ 22.1-16, 22.1-176, 22.1-177, and 22.1-178 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.1, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994.
8VAC20-70-30 Safe speeds

A school bus transporting school pupils shall be operated at a safe speed as stated in § 46.2-871 of the Code of Virginia.

History

  • Statutory Authority: §§ 22.1-16, 22.1-177, and 22.1-178 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.2, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004.
8VAC20-70-31 Driving time

Driving time for operators of any school bus, school activity bus, or school activity vehicle shall be pursuant to § 46.2-812 of the Code of Virginia.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-40 Seating

The number of pupils who may ride a school bus shall be determined by the total number who can be seated on the seat cushion facing forward, safely seated within the seating compartment, and shall not exceed the manufacturer's capacity. Pupils may not be permitted to stand, except under unforeseen temporary emergency conditions and for short distances as identified in policy by the local school board.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.3, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-50 Written employment agreement

A written employment agreement shall be made by the school board with all regular school bus drivers before they begin their duties. Substitute drivers shall meet the requirements prescribed for regular bus drivers and shall be approved and paid by the local school board.

History

  • Statutory Authority: Article VIII, § 4 of the Constitution of Virginia; §§ 22.1-16, 22.1-176, 22.1-177, and 22.1-178 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.4, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994.
8VAC20-70-60 Entrance door

The school bus driver shall open and close the entrance door and keep it securely closed while the bus is in motion. This responsibility shall not be delegated to any other person.

History

  • Statutory Authority: Article VIII, § 4 of the Constitution of Virginia; §§ 22.1-16, 22.1-176, 22.1-177, and 22.1-178 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.5, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994.
8VAC20-70-70 Traffic warning devices

Every school bus operated at public expense for the purpose of transporting school children shall be equipped with traffic warning devices as stated in §§ 46.2-1090 and 46.2-1090.1 of the Code of Virginia.

History

  • Statutory Authority: §§ 22.1-16, 22.1-177, and 22.1-178 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.6, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004.
8VAC20-70-80 Loading or discharging pupils

When loading or discharging pupils on the highway, stops shall be made in the right-hand lane and shall be made only at designated points where the bus can be clearly seen for a safe distance from both directions. Pupils shall be picked up and discharged only at designated school bus stops approved by the local school division except in the case of an emergency. While stopped, the driver shall keep the school bus warning devices in operation to warn approaching traffic to stop and allow pupils to cross the highway safely. Pupils who must cross the road shall be required to cross in front of the bus. They shall be required to walk to a point 10 feet or more in front of the bus, stop before reaching a position in line with the left side of the bus, and wait for a hand signal from the bus driver before starting across the highway.

On dual highways divided by a physical barrier, unpaved area, or five lane highway with turning lane, buses shall be routed so that pupils will be picked up and discharged on the side of the road on which they live. (See §§ 46.2-893 and 46.2-918 of the Code of Virginia.)

History

  • Statutory Authority: §§ 22.1-16, 22.1-177, and 22.1-178 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.7, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004.
8VAC20-70-90 Safety belts

Persons operating a school bus shall wear the appropriate safety belt system while bus is in motion.

History

  • Statutory Authority: §§ 22.1-16, 22.1-177, and 22.1-178 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.8, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004.
8VAC20-70-100 Passenger restraint belts

Pupils riding in school buses required by federal law to be equipped with passenger restraint belts shall wear them as required by state or federal law while the bus is in motion.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.9, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-110 Pupil transportation safety instruction

Pupil transportation instruction shall be included in the school curriculum, including demonstration and practices of safety procedures.

  1. At the Pre-K-1 grade levels, initial safety training shall occur during the first week of school with additional training on a periodic basis during the year.

  2. Emergency exit drills shall be practiced by all pupil riders at least twice a year, the first occurring during the first 30 instructional days and the second in the second semester and shall include the school bus driver. Summer session evacuation drills should be performed as needed.

  3. A copy of bus rider safety rules shall be sent to parents at the beginning of the school year. The information shall include a request that parents or their designee accompany their young children to and from the bus stop.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.10, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-120 Insurance

Every vehicle used in transporting school pupils and personnel at public expense shall be covered by insurance that will provide financial assistance to pupils and personnel in case of injuries or deaths resulting from an accident as stated in § 22.1-190 of the Code of Virginia.

History

  • Statutory Authority: §§ 22.1-16, 22.1-177, and 22.1-178 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.11, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004.
8VAC20-70-130 Maintenance inspection

All school buses and school activity buses used to transport public school pupils to and from school and school activity events shall be inspected and maintained by competent mechanics at least once every 45 school days, with "school days" as determined by the school division's approved yearly calendar or modifications in the calendar as approved by the division superintendent or designee, or every 5,000 miles. Any bus that is removed from service or deadlined so as to disrupt the scheduled maintenance shall be inspected prior to being returned to service. At no point shall any bus go without an inspection during the school semester and such inspections shall be no more than 90 school days apart, excluding summer sessions. The inspections and maintenance shall be recorded in a format approved by the Department of Education. Additional Original Equipment Manufacturer (OEM) inspection and maintenance recommendations should be maintained during the service life of each bus to ensure safety and warranty requirements are met. Maintenance consideration should be given to buses operated during the summer session. If the inspection and maintenance are not made in a shop operated by the school board or the local governing body, the school board shall designate one or more inspection centers to make the inspections and require a copy of the results of the inspections to be furnished to the division superintendent. School division compliance with the foregoing maintenance inspection requirements shall be subject to verification by the Department of Education.

Subject to funds being available, the Department of Education shall conduct operational assessments of the school division's pupil transportation operations on an ongoing basis to ensure applicable statutes, regulations, and specifications are being met. The Department of Education shall establish procedures for conducting the operational assessments and shall conduct the assessments in school divisions on a periodic cycle as resources permit. As part of the operational assessments, the Department of Education shall provide technical assistance to school divisions in a manner that will assist the school divisions with achieving and maintaining compliance with applicable statutes, regulations, and specifications.

Maintenance and service personnel shall be encouraged to attend approved workshops or training institutes and shall receive all necessary service and maintenance publications for equipment serviced.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.12, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012; Volume 42, Issue 2, eff. October 23, 2025.
8VAC20-70-140 Crash reporting

A report, on forms or in a format furnished by the Department of Education, of any crashes involving school buses, pupils, and personnel who ride school or activity buses (including injury or death while crossing the road, waiting at bus stops, etc.) shall be sent to the Pupil Transportation Service, Department of Education by the division superintendent or designee at least once a month. The report shall give the apparent cause of the crash and the extent of injuries to pupils or others. The division superintendent or designee shall notify the Pupil Transportation Service of any school bus crash involving serious injuries, requiring professional medical treatment, or death within the next working day from the date of the crash.

A vehicle crash occurs when property damage is $1,500 or more or when persons are injured.

The Department of Education shall publish on its website an annual report of the number of crashes involving school buses, pupils, and personnel who ride school or activity buses (including incidents of injury or death while crossing the road, waiting at bus stops, etc.) in each division .

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.13, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-150 Route schedule

All school buses in operation shall be scheduled to maximize safety and efficiency. The schedule shall show the time the bus starts in the morning, the time it leaves each point at which pupils are picked up, the time of arrival at school, and the time of drop off at home in the afternoon. One copy of such schedule shall be kept in the bus, and one copy shall be kept in the office of the division superintendent or designee and shall meet student records and information security requirements as stated in federal, state, and local policy.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.14, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-160 Review of routes

School bus routes, school sites, and safety of pupils at designated school bus stops shall be reviewed at least once a year and as changes occur. Routes shall be reviewed for safety hazards, fuel conservation, and to assure the most efficient use of buses. Local school administrators shall evaluate the safety of pupils at bus stops periodically and shall at the request of the local school board report the results annually to the school board. Hazardous or unusual situations, to include railway crossings, shall be marked on the route sheet and made available to drivers and substitutes.

A written vehicular and pedestrian traffic control plan for each existing school site shall be reviewed annually for safety hazards. All new school site plans shall include provisions that promote vehicular and pedestrian safety.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.15, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-170 Railway crossings

School buses shall stop, as required by law, at railway grade crossings. School buses equipped with a nonsequential lighting system must have these lighting systems deactivated when approaching a railroad grade crossing and the 4-way hazard lights shall be activated when approaching the railway grade crossing and shall be deactivated before crossing the track. The bus driver shall turn off all noisy equipment, open the entrance door of the bus and determine when it is safe for the vehicle to cross the railroad tracks. The entrance door shall be closed when the bus is in motion. No stop need be made at any grade crossing where traffic is directed by a law-enforcement officer or a traffic-control signal as stated in § 46.2-886 of the Code of Virginia.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.16, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-180 Ridership and miles report

School boards shall require that a report on the number of pupils transported and miles traveled be submitted to designated school officials.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.17, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-190 Policies

Local school boards shall adopt policies, consistent with provisions of the Code of Virginia, before establishing a practice of collecting transportation fees from pupils or receiving contributions from other sources for activities sponsored by schools under their authority. No pupil whose parent or guardian is financially unable to pay the pro rata cost of the trip may be denied the opportunity to participate. See § 22.1-176 of the Code of Virginia. Each disabled child enrolled in and attending a special education program provided by the school division shall be entitled to transportation at no cost if such transportation is necessary to enable such child to obtain the benefit of educational programs and opportunities. See § 22.1-221 A of the Code of Virginia.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.18, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-200 Identification and lights covering

The lettered identification and traffic warning lights on the front and rear of school buses shall be covered with opaque detachable material when school buses are used for purposes other than to transport pupils on regular routes to and from school, on special trips to participate in contests of various kinds, or for supplementary education purposes as required by § 22.1-183 of the Code of Virginia. This does not apply when the bus is being used to transport elderly or mentally or physically handicapped persons.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.19, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-210 Advertising material

The use of posters, stickers, or advertising material of any kind is prohibited in or on school buses unless permitted by law.

History

  • Statutory Authority: §§ 22.1-16, 22.1-177, and 22.1-178 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.20, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004.
8VAC20-70-220 Passage restriction

No object shall be placed on any bus carrying passengers that will restrict the access to any exit or restrict the freedom of motion of the driver for proper operation of the vehicle. Drivers shall be observant of any objects that may cause injury.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.21, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-230 Required materials

All vehicles used primarily to transport students to and from school or school-related activities shall carry reflective triangles, first aid kit, body fluid clean-up kit and fire extinguisher.

History

  • Statutory Authority: §§§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 2.22, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-235 Funding for pupil transportation

Funding for pupil transportation shall be pursuant to the provisions of the appropriation act.

History

  • Statutory Authority: §§ 22.1-16, 22.1-177, and 22.1-178 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 20, Issue 7, eff. January 14, 2004.
8VAC20-70-240 (Repealed.)

Historical Notes

Derived from VR270-01-0006 §§ 3.1 to 3.4, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; repealed, Virginia Register Volume 20, Issue 7, eff. January 14, 2004.

8VAC20-70-271 Records retention

School division documents related to pupil transportation shall be retained in accordance with local policy and guidelines from the Virginia State Library.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 28, Issue 26, eff. September 28, 2012.

Part III Requirements for School Bus Drivers

8VAC20-70-280 Requirements for school bus drivers both for employment and continued employment

Section 22.1-178 of the Code of Virginia requires drivers of school and activity buses to:

  1. Have a physical examination of a scope prescribed by the Board of Education with the advice of the Medical Society of Virginia and furnished on a form prescribed by the Board of Education showing the results of such examination.

a. No person shall drive a school bus unless that person is physically qualified to do so and has submitted a School Bus Driver's Application For Physician's Certificate signed by the applicant and the doctor or a licensed nurse practitioner for the applicable employment period.

b. The physical form describes the basic physical qualifications for school bus drivers; however, the examining physician or licensed nurse practitioner shall make the final determination of the individual's physical capacity to operate a school bus based upon their assessment of the individual's overall physical condition.

  1. Furnish a statement or copy of records from the Department of Motor Vehicles showing that the person, within the preceding five years, has not been convicted of a charge of driving under the influence of intoxicating liquors or drugs, convicted of a charge of refusing to take a blood or breath test, convicted of a felony, or assigned to any alcohol safety action program or driver alcohol rehabilitation program pursuant to § 18.2-271.1 of the Code of Virginia or, within the preceding 12 months, has not been convicted of two or more moving traffic violations or has not been required to attend a driver improvement clinic by the Commissioner of the Department of Motor Vehicles pursuant to § 46.2-498 of the Code of Virginia.

  2. Furnish a statement signed by two reputable persons who reside in the school division or in the applicant's community that the person is of good moral character.

  3. Exhibit a license showing the person has successfully undertaken the examination prescribed by § 46.2-339 of the Code of Virginia.

  4. Be at least 18 years old.

  5. Submit to testing for alcohol and controlled substances that is in compliance with the Omnibus Transportation Employee Testing Act of 1991 (Public Law 102-143, Title V) as amended and that is in compliance with 49 CFR Parts 40 and 382.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 4.1, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-290 First aid course

Any school board may require successful completion of the American Red Cross first aid course or its equivalent as a condition to employment to operate a school bus transporting pupils as required by § 22.1-178 of the Code of Virginia.

History

  • Statutory Authority: §§ 22.1-16, 22.1-177, and 22.1-178 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 4.2, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004.
8VAC20-70-300 Required documents

The documents required pursuant to subdivisions 1 and 2 of 8VAC20-70-280 shall be furnished annually prior to the anniversary date of the employment to operate a school bus.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 4.3, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-310 (Repealed.)

History

  • Historical Notes: Derived from VR270-01-0006 § 4.4, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; repealed, Virginia Register Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-320 Forms for applicants

The Department of Education shall furnish to the division superintendents the necessary forms for applicants to use to provide the information required by this section. Insofar as practicable, such forms shall be designed to limit paperwork, avoid the possibility of mistakes, and furnish all parties involved with a complete and accurate record of the information required.

History

  • Statutory Authority: Article VIII, § 4 of the Constitution of Virginia; §§ 22.1-16, 22.1-176, 22.1-177, and 22.1-178 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 4.5, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994.
8VAC20-70-330 Health certificate

As a condition to employment, every school and activity bus driver shall submit a certificate signed by a licensed physician or nurse practitioner stating that the employee appears free of communicable tuberculosis. The school board may require the submission of such certificates annually, or at such intervals as it deems appropriate, as a condition to continued employment.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 4.6, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-340 Highway driving

No person shall drive a school or activity bus upon a highway in the Commonwealth unless such person has had a reasonable amount of experience in driving motor vehicles, and shall have passed a special examination indicating the ability to operate a school bus without endangering the safety of pupil passengers and persons using the highway as stated in § 46.2-339 of the Code of Virginia. To prepare for the examination required by this section, any person holding a valid operator's license and Commercial Driver's License (CDL) Instruction Permit issued under the provisions of § 46.2-325 of the Code of Virginia, may operate, under the direct supervision of a person holding a valid school bus license endorsement, a school bus that contains no pupil passengers. The Department of Motor Vehicles is required to adopt such rules and regulations as may be necessary to provide for the examination of persons desiring to qualify to drive such buses in this Commonwealth and for the granting of permits to qualified applicants.

History

  • Statutory Authority: §§ 22.1-16, 22.1-177, and 22.1-178 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 4.7, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004.
8VAC20-70-350 Training

No person shall operate a school or activity bus transporting pupils unless the person has:

  1. Received classroom, demonstration, and behind-the-wheel instruction in accordance with a program developed by the Department of Education pursuant to § 22.1-181 of the Code of Virginia.

  2. For persons not currently possessing a commercial driver's license, the individual shall complete a minimum of 24 hours of classroom training and six hours of behind-the-wheel training on a school bus that contains no pupil passengers. For persons currently possessing a commercial driver's license, the individual shall complete a minimum of four hours classroom training and three hours of behind-the-wheel training on a school bus that contains no pupil passengers. Behind-the-wheel training shall be administered under the direct on-board supervision of a designated bus driver trainer. All drivers shall receive training in the operation of buses representative of the type used in the school division in which they will be employed and in the transportation of students with special needs. Classroom instruction means training provided by a qualified driver instructor through lectures, demonstrations, audio-visual presentations, computer-based instruction, driving simulation devices, or similar means. Instruction occurring outside a classroom qualifies as classroom instruction if it does not involve actual operation of a school bus and its components by the trainee. Behind-the-wheel training does not include time spent riding in a school bus or observing the operation of a school bus when the trainee is not in control of the vehicle.

The superintendent or his designee shall maintain a record showing that the applicant has completed the training and has been approved to operate a school or activity bus.

  1. New transportation directors/supervisors employed by school divisions shall complete the "New Director/Supervisor" class conducted by the Department of Education within a year after being employed in this position.

  2. Each local school board employee who assists in the transportation of students with autism spectrum disorders on school buses, including individuals employed to operate school buses and school bus aides, shall participate in a training program on autism spectrum disorders established by the Board of Education. Such training shall include the characteristics of autism spectrum disorders, strategies for interacting with students with autism spectrum disorders, and collaboration with other employees who assist in the transportation of students on school buses.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 4.8, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012; Volume 35, Issue 9, eff. January 23, 2019.
8VAC20-70-360 In-service training

In-service training (at least two hours before the opening of the school year and at least two hours during the second half of the school year) devoted to improving the skills, attitudes, and knowledge, including orientation to maximize benefits of using safety programs and safety components shall be provided to all school or activity bus drivers. In-service training should include, but is not limited to, the following topics: basic motor vehicle laws, related administrative codes, pre-trip inspection procedures, student discipline and conduct, drug and alcohol testing procedures and policies, fuel conservation, safety, emergency procedures, student information and confidentiality, and local policies and procedures as required by the division's transportation department. A copy of the agenda for each in-service training event shall be on file in the school division.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 4.9, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-370 Supervision

The drivers of school and activity buses shall be under the general direction and control of the division superintendent or designee, and shall also be accountable to the principal of the school to which pupil transportation is provided.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 4.10, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-380 Pre-trip safety inspection

Prior to the initial transporting of children each day, the drivers of school and activity buses shall perform a daily pre-trip safety inspection of the vehicle. The inspection shall be recorded in a format approved by the Department of Education.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 4.11, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012; Volume 42, Issue 2, eff. October 23, 2025.
8VAC20-70-390 (Repealed.)

Historical Notes

Derived from VR270-01-0006 § 4.12, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; repealed, Virginia Register Volume 20, Issue 7, eff. January 14, 2004.

8VAC20-70-400 Evaluation

Each school and activity bus driver shall be evaluated by the transportation director or designee at least once each year. The results of the evaluation shall be discussed with the driver and included in the driver's personnel file.

History

  • Statutory Authority: §§ 22.1-16, 22.1-177, and 22.1-178 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 4.13, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004.
8VAC20-70-410 Emergency equipment

The driver of activity or extracurricular trip buses shall advise the pupils and/or sponsors of the location of the required emergency equipment and exits prior to the beginning of any such trip.

History

  • Statutory Authority: §§ 22.1-16, 22.1-177, and 22.1-178 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 4.14, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004.
8VAC20-70-411 Driver trainers

Behind-the-wheel driver trainers must meet the requirements of 8VAC20-70-280 and 8VAC20-70-350 and must have maintained a Class B license for two years prior to functioning as a behind-the-wheel driver trainer.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-420 Instructor course certificate

Local school bus driver training instructors shall hold a certificate for completion of an instructor course conducted or approved by the Department of Education and shall attend a recertification course every five years. Certification expires at the end of calendar year five.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 4.15, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-430 Driver data

The names and driver license numbers of persons operating school and activity buses and other vehicles used to transport pupils shall be submitted to the Department of Motor Vehicles annually as required by § 46.2-340 of the Code of Virginia.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 4.16, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-435 Filing

The documents required pursuant to 8VAC20-70-280, 8VAC20-70-350, 8VAC20-70-360, 8VAC20-70-400, and 8VAC20-70-420 shall be filed with, and made a part of, the records of the school board employing such person as a school bus operator.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-440 Responsibility for compliance

The responsibility for compliance with the school bus and activity vehicle specifications issued by the Department of Education rests with dealers and manufacturers. If any dealer or manufacturer sells school buses or school activity vehicles that do not conform to any or all of the specifications issued by the Department of Education, a general notice will be sent to all school divisions advising that equipment supplied by such dealer or manufacturer will be disapproved for school transportation until further notice. A copy of the notice will be sent to the dealer or manufacturer and will remain in effect until full compliance by the dealer or manufacturer is assured.

Dealers and manufacturers shall be given at least 30 days' notice of any changes in the specifications.

History

  • Statutory Authority: §§ 22.1-16, 22.1-177, and 22.1-178 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 5.1, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004.
8VAC20-70-450 Minimum specifications

Minimum specifications are applicable to all school buses and school activity buses, new or used, procured by purchase, lease or operational contract from another person or entity.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 5.2, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 28, Issue 26, eff. September 28, 2012.

Part IV General Requirements for School Buses in Virginia

8VAC20-70-460 Specifications

It is the intent of the Board of Education to accommodate new equipment and technology that will better facilitate the safe and efficient transportation of students. When a new technology, piece of equipment, or component is desired to be applied to a school bus, it must have the approval of the Department of Education and must meet the following criteria:

  1. The technology, equipment, or component shall not compromise the effectiveness or integrity of any major safety system.

  2. The technology, equipment, or component shall not diminish the safety of the interior of the bus.

  3. The technology, equipment, or component shall not create additional risk to students who are boarding or exiting the bus or are in or near the school bus loading zone.

  4. The technology, equipment, or component shall not require undue additional activity or responsibility for the driver.

  5. The technology, equipment, or component shall generally increase efficiency or safety, or both, of the bus, generally provide for a safer or more pleasant experience for the occupants and pedestrians in the vicinity of the bus, or shall generally assist the driver and make his many tasks easier to perform.

School buses and school activity buses purchased new must conform to the specifications relative to construction and design effective on the date of the initial procurement. Any variation from the specifications, in the form of additional equipment or changes in style of equipment, without prior approval of the Department of Education, is prohibited. The Department of Education shall issue specifications and standards for public school buses to reflect desired technology or safety improvements for the then current model year.

A local school board may sell or transfer any of its school buses or school activity buses to another school division or purchase a used bus from another school division or a school bus dealer as long as the school bus or school activity bus conforms to the specifications relating to construction and design in effect on the date of manufacture. The bus must also have a valid Virginia State Police inspection and may not be older than 15 model years at the time of sale, transfer, or purchase.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 5.3, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012; Volume 32, Issue 23, eff. August 10, 2016.
8VAC20-70-470 Adjustments

The Superintendent of Public Instruction is authorized to make such adjustments from time to time in technical specifications as are deemed necessary in the interest of safety and efficiency in school bus operation. This includes the issuance of chassis specifications by size, type and model year. Authority is also granted for conducting investigations and field tests of certain pertinent vehicle components.

History

  • Statutory Authority: §§ 22.1-16, 22.1-177, and 22.1-178 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 5.4, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004.
8VAC20-70-480 Bus identification

All publicly owned, part publicly owned, or contract school buses, transporting pupils to and from public school, shall be painted a uniform color, national school bus yellow, and shall be identified and equipped as outlined in the specifications.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 5.5, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-490 Purchase

The responsibility for purchasing school buses and school activity buses which meet state and federal requirements rests with division superintendents and local school boards.

A schedule for the replacement of buses on a continuing basis shall be developed and implemented by each school division.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 5.6, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-500 Sale of surplus school buses

A. Before a surplus school bus is sold or released for nonschool transportation purposes, the bus shall have the traffic warning signal system and crossing control arm removed and all school bus lettering shall be covered by an opaque paint. A written notice shall be attached to the Certificate of Title stating that the vehicle does not meet the requirements of §§ 46.2-100 and 46.2-1089 and that its operation on the highway would be in violation of § 46.2-917 of the Code of Virginia.

B. In the event that the bus is sold to a private school or a licensed dealer, the written notice shall contain a reminder that the bus shall be painted a different color, and shall have the bus signal systems and lettering removed before release for nonschool transportation purposes.

History

  • Statutory Authority: Article VIII, § 4 of the Constitution of Virginia; §§ 22.1-16, 22.1-176, 22.1-177, and 22.1-178 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 5.7, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994.
8VAC20-70-510 Vehicles powered by alternative fuels

A. The Board of Education will continue to promote the use of alternative fuels for school buses. Any vehicle powered by alternative fuels will be subject to inspection and approval by the Virginia Department of Education.

B. Local school divisions, in consultation with the Department of Education, may purchase and use school buses using alternative fuels as covered in § 22.1-177 of the Code of Virginia.

C. Installation of alternative fuel tanks and fuel systems shall comply with all applicable Federal Motor Vehicles Safety Standards (FMVSS) 301, 49 CFR Part 571, and all applicable fire codes.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0006 § 5.8, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; Volume 20, Issue 7, eff. January 14, 2004; Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-520 (Repealed.)

Historical Notes

Derived from VR270-01-0006 § 5.9, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; repealed, Virginia Register Volume 20, Issue 7, eff. January 14, 2004.

Part V School Activity Buses

8VAC20-70-525 Regulations and standards

A. School activity buses owned or operated under contract by or for the school board, which are used solely to transport pupils to and from school activity events, shall comply with all applicable regulations and standards prescribed for school buses except as noted in this part. Pursuant to § 46.2-871 of the Code of Virginia, an activity bus transporting school pupils shall be operated at a safe, legal speed.

B. Exceptions, general regulations.

  1. No standees shall be permitted.

  2. Stops for the purpose of loading or discharging pupils on the travel portion of the highway shall not be permitted.

History

  • Statutory Authority: §§ 22.1-16, 22.1-176, and 22.1-177 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 20, Issue 7, eff. January 14, 2004; amended, Virginia Register Volume 28, Issue 26, eff. September 28, 2012.
8VAC20-70-530 (Repealed.)

Historical Notes

Derived from VR270-01-0006 §§ 5.10 to 7.1, eff. February 18, 1987; amended, Virginia Register Volume 4, Issue 14, eff. June 1, 1988; Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 16, eff. July 1, 1994; repealed, Virginia Register Volume 20, Issue 7, eff. January 14, 2004.

Chapter 81 Regulations Governing Special Education Programs for Children with Disabilities in Virginia

Part I Definitions

8VAC20-81-10 Definitions

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

"Act" means the Individuals with Disabilities Education Improvement Act, P.L. 108-446, December 3, 2004, § 1400 et seq. (34 CFR 300.4)

"Age of eligibility" means all eligible children with disabilities who have not graduated with a standard or advanced studies high school diploma who, because of such disabilities, are in need of special education and related services, and whose second birthday falls on or before September 30, and who have not reached their 22nd birthday on or before September 30 (two to 21, inclusive) in accordance with the Code of Virginia. A child with a disability whose 22nd birthday is after September 30 remains eligible for the remainder of the school year. (§ 22.1-213 of the Code of Virginia; 34 CFR 300.101(a) and 34 CFR 300.102(a)(3)(ii))

"Age of majority" means the age when the procedural safeguards and other rights afforded to the parent of a student with a disability transfer to the student. In Virginia, the age of majority is 18 years of age. (§ 1-204 of the Code of Virginia; 34 CFR 300.520)

"Agree" or "agreement" See the definition for "consent."

"Alternate assessment" means the state assessment program and any school divisionwide assessment to the extent that the school division has one for measuring student performance against alternate achievement standards for students with significant intellectual disabilities who are unable to participate in statewide Standards of Learning testing, even with accommodations. (34 CFR 300.320(a)(2)(ii) and 34 CFR 300.704(b)(4)(x))

"Alternative assessment" means the state assessment program for measuring student performance on grade level standards for students with disabilities who are unable to participate in statewide Standards of Learning testing, even with accommodations.

"Assistive technology device" means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted or the replacement of that device. (34 CFR 300.5)

"Assistive technology service" means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes: (34 CFR 300.6)

  1. The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment;

  2. Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;

  3. Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

  4. Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

  5. Training or technical assistance for a child with a disability or, if appropriate, that child's family; and

  6. Training or technical assistance for professionals, including individuals providing education or rehabilitation services, employers, or other individuals who provide services to employ or are otherwise substantially involved in the major life functions of that child.

"At no cost" means that all specially designed instruction is provided without charge but does not preclude incidental fees that are normally charged to students without disabilities or their parent as part of the regular education program. (34 CFR 300.39(b)(1))

"Audiology" means services provided by a qualified audiologist licensed by the Board of Audiology and Speech-Language Pathology and includes: (Regulations Governing the Practice of Audiology and Speech-Language Pathology, 18VAC30-20; 34 CFR 300.34(c)(1))

  1. Identification of children with hearing loss;

  2. Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing;

  3. Provision of habilitative activities, such as language habilitation, auditory training, speech reading (lip-reading), hearing evaluation, and speech conservation;

  4. Creation and administration of programs for prevention of hearing loss;

  5. Counseling and guidance of children, parents, and teachers regarding hearing loss; and

  6. Determination of children's needs for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification.

"Autism" means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before three years of age, that adversely affects a child's educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. Autism does not apply if a child's educational performance is adversely affected primarily because the child has an emotional disturbance. A child who manifests the characteristics of autism after three years of age could be identified as having autism if the criteria in this definition are satisfied. (34 CFR 300.8(c)(1))

"Behavioral intervention plan" means a plan that utilizes positive behavioral interventions and supports to address behaviors that interfere with the learning of students with disabilities or with the learning of others or behaviors that require disciplinary action.

"Business day" means Monday through Friday, except for federal and state holidays, unless holidays are specifically included in the designation of business days, as in 8VAC20-81-150 B 4 a (2). (34 CFR 300.11)

"Calendar days" means consecutive days, inclusive of Saturdays and Sundays, unless otherwise designated as a business day or a school day. (34 CFR 300.11)

"Career and technical education" means organized educational activities that offer a sequence of courses that: (20 USC § 2301 et seq.)

  1. Provides individuals with the rigorous and challenging academic and technical knowledge and skills the individuals need to prepare for further education and for careers other than careers requiring a master's or doctoral degree in current or emerging employment sectors;

  2. May include the provision of skills or courses necessary to enroll in a sequence of courses that meet the description in this definition; or

  3. Provides, at the postsecondary level, for a one-year certificate, an associate degree, or industry-recognized credential and includes competency-based applied learning that contributes to academic knowledge, higher-order reasoning and problem-solving skills, work attitudes, general employability skills, technical skills, and occupational-specific skills.

"Caseload" means the number of students served by special education personnel.

"Change in identification" means a change in the categorical determination of the child's disability by the group that determines eligibility.

"Change in placement" or "change of placement" means when the local educational agency places the child in a setting that is distinguishable from the educational environment to which the child was previously assigned and includes: (34 CFR 300.102(a)(3)(iii), 34 CFR 300.532(b)(2)(ii), and 34 CFR 300.536)

  1. The child's initial placement from general education to special education and related services;

  2. The expulsion or long-term removal of a student with a disability;

  3. The placement change that results from a change in the identification of a disability;

  4. The change from a public school to a private day, residential, or state-operated program; from a private day, residential, or state-operated program to a public school; or to a placement in a separate facility for educational purposes;

  5. Termination of all special education and related services; or

  6. Graduation with a standard or advanced studies high school diploma.

A "change in placement" also means any change in the educational setting for a child with a disability that does not replicate the elements of the educational program of the child's previous setting.

"Change in placement" or "change of placement," for the purposes of discipline, means: (34 CFR 300.536)

  1. A removal of a student from the student's current educational placement is for more than 10 consecutive school days; or

  2. The student is subjected to a series of removals that constitute a pattern because they cumulate to more than 10 school days in a school year, and because of factors such as:

a. The length of each removal;

b. The child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals;

c. The total amount of time the student is removed; or

d. The proximity of the removals to one another.

"Chapter" means Regulations Governing Special Education Programs for Children with Disabilities in Virginia (8VAC20-81).

"Charter schools" means any school meeting the requirements for charter as set forth in the Code of Virginia. (§§ 22.1-212.5 through 22.1-212.16 of the Code of Virginia; 34 CFR 300.7)

"Child" means any person who has not reached his 22nd birthday by September 30 of the current year.

"Child with a disability" means a child evaluated in accordance with the provisions of this chapter as having an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disability (referred to in this part as "emotional disability"), an orthopedic impairment, autism, traumatic brain injury, another health impairment, a specific learning disability, deaf-blindness, or multiple disabilities who, by reason thereof, needs special education and related services. This also includes developmental delay if the local educational agency recognizes this category as a disability in accordance with 8VAC20-81-80 M 3. If it is determined through an appropriate evaluation that a child has one of the disabilities identified but only needs a related service and not special education, the child is not a child with a disability under this part. If the related service required by the child is considered special education rather than a related service under Virginia standards, the child would be determined to be a child with a disability. (§ 22.1-213 of the Code of Virginia; 34 CFR 300.8(a)(1) and 34 CFR 300.8(a)(2)(i) and (ii))

"Children's Services Act" or "CSA" means the Children's Services Act (Chapter 52 (§ 2.2-5200 et seq.) of Title 2.2 of the Code of Virginia), which establishes the collaborative administration and funding system for services for certain at-risk youths and their families.

"Collaboration" means interaction among professionals as they work toward a common goal. Teachers do not necessarily have to engage in coteaching in order to collaborate.

"Community policy and management team" or "CPMT" means the entity that develops, implements, and monitors the CSA local program through policy development, quality assurance, and oversight functions.

"Complaint" means a request that the Virginia Department of Education investigate an alleged violation by a public agency of a right of a parent of a child who is eligible or suspected to be eligible for special education and related services based on federal and state law and regulations governing special education or a right of such child. A complaint is a statement of some disagreement with procedures or process regarding any matter relative to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education. (34 CFR 300.151)

"Consent" means: (34 CFR 300.9)

  1. The parent or eligible student has been fully informed of all information relevant to the activity for which consent is sought in the parent's or eligible student's native language or other mode of communication;

  2. The parent or eligible student understands and agrees, in writing, to the carrying out of the activity for which consent is sought, and the consent describes that activity and lists the records, if any, that will be released and to whom; and

  3. The parent or eligible student understands that the granting of consent is voluntary on the part of the parent or eligible student and may be revoked any time.

a. If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked. Revocation ceases to be relevant after the activity for which consent was obtained is completed.)

b. If a parent revokes consent in writing for their child's receipt of special education services after the child is initially provided special education and related services, the local educational agency is not required to amend the child's education records to remove any references to the child's receipt of special education and related services because of the revocation of consent.

The meaning of the term "consent" is not the same as the meaning of the term "agree" or "agreement." "Agree" or "agreement" refers to an understanding between the parent and the local educational agency about a particular matter and as required in this chapter. There is no requirement that an agreement be in writing, unless stated in this chapter. The local educational agency and parent should document their agreement.

"Controlled substance" means a drug or other substance identified under Schedule I, II, III, IV, or V in § 202(c) of the Controlled Substances Act, 21 USC § 812(c). (34 CFR 300.530(i)(1))

"Core academic subjects" means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography. (34 CFR 300.10)

"Correctional facility" means any state facility of the Virginia Department of Corrections or the Virginia Department of Juvenile Justice, any regional or local detention home, or any regional or local jail. (§§ 16.1-228 and 53.1-1 of the Code of Virginia)

"Coteaching" means a service delivery option with two or more professionals sharing responsibility for a group of students for some or all of the school day in order to combine their expertise to meet student needs.

"Counseling services" means services provided by qualified visiting teachers, social workers, psychologists, guidance counselors, or other qualified personnel. (34 CFR 300.34(c)(2); Licensure Regulations for School Personnel (8VAC20-22))

"Dangerous weapon" means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for or is readily capable of causing death or bodily injury, except that such term does not include a pocket knife with a blade less than three inches in length. (18 USC § 930(g)(2); § 18.2-308.1 of the Code of Virginia)

"Day" means calendar day unless otherwise indicated as business day or school day. (34 CFR 300.11)

"Deaf-blindness" means simultaneous hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness. (34 CFR 300.8(c)(2))

"Deafness" means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects the child's educational performance. (34 CFR 300.8(c)(3))

"Destruction of information" means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable. (34 CFR 300.611(a))

"Developmental delay" means a disability affecting a child two years of age by September 30 through six years of age, inclusive: (34 CFR 300.8(b); 34 CFR 300.306(b))

  1. Who (i) is experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development or (ii) has an established physical or mental condition that has a high probability of resulting in developmental delay;

  2. The delay is not primarily a result of cultural factors, environmental or economic disadvantage, or limited English proficiency; and

  3. The presence of one or more documented characteristics of the delay has an adverse effect on educational performance and makes it necessary for the student to have specially designed instruction to access and make progress in the general educational activities for this age group.

"Direct services" means services provided to a child with a disability directly by the Virginia Department of Education, by contract, or through other arrangements. (34 CFR 300.175)

"Due process hearing" means an administrative procedure conducted by an impartial special education hearing officer to resolve disagreements regarding the identification, evaluation, educational placement and services, and the provision of a free appropriate public education that arise between a parent and a public agency. A due process hearing involves the appointment of an impartial special education hearing officer who conducts the hearing, reviews evidence, and determines what is educationally appropriate for the child with a disability. (34 CFR 300.507)

"Early identification and assessment of disabilities in children" means the implementation of a formal plan for identifying a disability as early as possible in a child's life. (34 CFR 300.34(c)(3))

"Education record" means those records that are directly related to a student and maintained by an educational agency or institution or by a party acting for the agency or institution. The term has the same meaning as "scholastic record." In addition to written records, "education record" includes electronic exchanges between school personnel and parents regarding matters associated with the child's educational program (e.g., scheduling of meetings or notices). This term also includes the type of records covered under the definition of "education record" in the regulations implementing the Family Education Rights and Privacy Act. (20 USC § 1232g(a)(3); § 22.1-289 of the Code of Virginia; 34 CFR 300.611(b))

"Educational placement" means the overall instructional setting in which the student receives education, including the special education and related services provided. Each local educational agency shall ensure that the parents of a child with a disability are members of the group that makes decisions on the educational placement of their child. (34 CFR 300.327)

"Educational service agencies and other public institutions or agencies" include: (34 CFR 300.12)

  1. Regional public multiservice agencies authorized by state law to develop, manage, and provide services or programs to local educational agencies;

  2. An agency recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary schools and secondary schools of the state;

  3. Any other public institution or agency having administrative control and direction over a public elementary school or secondary school; and

  4. Entities that meet the definition of intermediate educational unit in § 1402(23) of the Act as in effect prior to June 4, 1997.

"Eligible student" means a child with a disability who reaches the age of majority and to whom the procedural safeguards and other rights afforded to the parent are transferred.

"Emotional disability" means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance: (34 CFR 300.8(c)(4))

  1. An inability to learn that cannot be explained by intellectual, sensory, or health factors;

  2. An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;

  3. Inappropriate types of behavior or feelings under normal circumstances;

  4. A general pervasive mood of unhappiness or depression; or

  5. A tendency to develop physical symptoms or fears associated with personal or school problems.

Emotional disability includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disability as defined in this section.

"Equipment" means machinery, utilities, and built-in equipment and any necessary enclosures or structures to house machinery, utilities, or equipment and all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture; printed, published, and audio-visual instructional materials; telecommunications, sensory, and other technological aids and devices; and books, periodicals, documents, and other related materials. (34 CFR 300.14)

"Evaluation" means procedures used in accordance with this chapter to determine whether a child has a disability and the nature and extent of the special education and related services that the child needs. (34 CFR 300.15)

"Excess costs" means those costs that are in excess of the average annual per-student expenditure in a local educational agency during the preceding school year for an elementary school or secondary school student, as may be appropriate, and that shall be computed after deducting: (34 CFR 300.16)

  1. Amounts received:

a. Under Part B of the Act;

b. Under Part A of Title I of the ESEA; and

c. Under Parts A and B of Title III of the ESEA; and

  1. Any state or local funds expended for programs that would qualify for assistance under any of the parts described in subdivision 1 a of this definition, but excluding any amounts for capital outlay or debt service.

"Extended school year services" for the purposes of this chapter means special education and related services that: (34 CFR 300.106(b))

  1. Are provided to a child with a disability:

a. Beyond the normal school year of the local educational agency;

b. In accordance with the child's individualized education program; and

c. At no cost to the parent of the child; and

  1. Meet the standards established by the Virginia Department of Education.

"Family assessment or planning team" or "FAPT" means the team that implements the CSA by recommending services for children and families. The FAPT considers each child's and family's strengths and challenges to address specific needs as best the team can. Families are included in FAPT assessment, service planning, and decision-making.

"Federal core academic subjects" means English, reading or language arts, mathematics, science, foreign language (languages other than English), civics and government, economics, arts, history, and geography. (20 USC § 7801(11))

"Federal financial assistance" means any grant, loan, contract, or any other arrangement by which the U.S. Department of Education provides or otherwise makes available assistance in the form of funds, services of federal personnel, or real and personal property. (34 CFR 104.3(h))

"Free appropriate public education" or "FAPE" means special education and related services that: (34 CFR 300.17)

  1. Are provided at public expense, under public supervision and direction, and without charge;

  2. Meet the standards of the Virginia Board of Education;

  3. Include an appropriate preschool, elementary school, middle school, or secondary school education in Virginia; and

  4. Are provided in conformity with an individualized education program that meets the requirements of this chapter.

"Functional behavioral assessment" means a process to determine the underlying cause or functions of a child's behavior that impede the learning of the child with a disability or the learning of the child's peers. A functional behavioral assessment may include a review of existing data or new testing data or evaluation as determined by the IEP team.

"General curriculum" means the same curriculum used with children without disabilities adopted by a local educational agency, schools within the local educational agency or, where applicable, the Virginia Department of Education for all children from preschool through secondary school. The term relates to content of the curriculum and not to the setting in which it is taught.

"Hearing impairment" means an impairment in hearing in one or both ears, with or without amplification, whether permanent or fluctuating, that adversely affects a child's educational performance but that is not included under the definition of deafness in this section. (34 CFR 300.8(c)(5))

"Highly qualified special education teacher" means a teacher has met the requirements as specified in 34 CFR 300.18 for special education teachers in general, for special education teachers teaching core academic subjects, for special education teachers teaching to alternate achievement standards, or for special education teachers teaching multiple subjects as it applies to their teaching assignment. (34 CFR 300.18)

"Home-based instruction" means services that are delivered in the home setting (or other agreed upon setting) in accordance with the child's individualized education program.

"Homebound instruction" means academic instruction provided to students who are confined at home or in a health care facility for periods that would prevent normal school attendance based upon certification of need by a licensed physician or licensed clinical psychologist. For a child with a disability, the IEP team shall determine the delivery of services, including the number of hours of services. (Virginia Standards of Accreditation, 8VAC20-132-170)

"Home instruction" means instruction of a child by a parent, guardian, or other person having control or charge of such child as an alternative to attendance in a public or private school in accordance with the provisions of the Code of Virginia. This instruction may also be termed home schooling. (§ 22.1-254.1 of the Code of Virginia)

"Homeless children" has the meaning given the term "homeless children and youth" in § 725 (42 USC § 11434a) of the McKinney-Vento Homeless Assistance Act, as amended, 42 USC § 11431 et seq. and listed below: (34 CFR 300.19)

The term "homeless children and youth" means individuals who lack a fixed, regular, and adequate nighttime residence within the meaning of § 103(a)(1) of the McKinney-Vento Homeless Assistance Act and includes the following:

  1. Children and youth who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to a lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement;

  2. Children and youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings within the meaning of § 103(a)(2)(C);

  3. Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

  4. Migratory children (as such term is defined in § 1309 of the Elementary and Secondary Education Act of 1965) who qualify as homeless because the children are living in circumstances described in subdivisions 1 through 3 of this definition.

The term "unaccompanied youth" includes a youth not in the physical custody of a parent or guardian.

"Home tutoring" means instruction by a tutor or teacher with qualifications prescribed by the Virginia Board of Education as an alternative to attendance in a public or private school and approved by the division superintendent in accordance with the provisions of the Code of Virginia. This tutoring is not home instruction as defined in the Code of Virginia. (§ 22.1-254 of the Code of Virginia)

"Illegal drug" means a controlled substance, but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health care professional or that is legally possessed or used under any other authority under the Controlled Substances Act, 21 USC § 812(c), or under any other provision of federal law. (34 CFR 300.530(i)(2))

"Impartial special education hearing officer" means a person selected from a list maintained by the Office of the Executive Secretary of the Supreme Court of Virginia to conduct a due process hearing.

"Implementation plan" means the plan developed by the local educational agency designed to operationalize the decision of the hearing officer in cases that are fully adjudicated.

"Independent educational evaluation" means an evaluation conducted by a qualified examiner who is not employed by the local educational agency responsible for the education of the child in question. (34 CFR 300.502(a)(3)(i))

"Individualized education program" or "IEP" means a written statement for a child with a disability that is developed, reviewed, and revised in a team meeting in accordance with this chapter. The IEP specifies the individual educational needs of the child and what special education and related services are necessary to meet the child's educational needs. (34 CFR 300.22)

"Individualized education program team" means a group of individuals described in 8VAC20-81-110 that is responsible for developing, reviewing, or revising an IEP for a child with a disability. (34 CFR 300.23)

"Individualized family service plan (IFSP) under Part C of the Act" means a written plan for providing early intervention services to an infant or toddler with a disability eligible under Part C and to the child's family. (34 CFR 303.24; 20 USC § 636)

"Infant and toddler with a disability" means a child from birth to two years of age, inclusive, whose birthday falls on or before September 30, or who is eligible to receive services in the Part C early intervention system up to three years of age, and who: (§ 2.2-5300 of the Code of Virginia; 34 CFR 300.25)

  1. Has delayed functioning;

  2. Manifests atypical development or behavior;

  3. Has behavioral disorders that interfere with acquisition of developmental skills; or

  4. Has a diagnosed physical or mental condition that has a high probability of resulting in delay, even though no current delay exists.

"Informed parental consent" See the definition of "consent."

"Initial placement" means the first placement for the child to receive special education and related services in either a local educational agency, other educational service agency, or other public agency or institution for the purpose of providing special education or related services.

"Intellectual disability" means the definition formerly known as "mental retardation" and means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period that adversely affects a child's educational performance. (34 CFR 300.8(c)(6))

"Interpreting services" as used with respect to children who are deaf or hard of hearing, means services provided by personnel who meet the qualifications set forth under 8VAC20-81-40 and includes oral transliteration services, cued speech/language transliteration services, sign language transliteration and interpreting services, and transcription services, such as communication access real-time translation (CART), C-Print, and TypeWell and interpreting services for children who are deaf-blind. A child who is not deaf or hard of hearing, but who has language deficits, may receive interpreting services as directed by the child's individualized education program. (Regulations Governing Interpreter Services for the Deaf and Hard of Hearing 22VAC20-30; 34 CFR 300.34(c)(4)(i))

"Least restrictive environment" or "LRE" means that to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. (34 CFR 300.114 through 34 CFR 300.120)

"Level I services" means the provision of special education to children with disabilities for less than 50% of the instructional school day (excluding intermission for meals). The time that a child receives special education services is calculated on the basis of special education services described in the individualized education program, rather than the location of services.

"Level II services" means the provision of special education to children with disabilities for 50% or more of the instructional school day (excluding intermission for meals). The time that a child receives special education services is calculated on the basis of special education services described in the individualized education program, rather than the location of services.

"Limited English proficient" when used with respect to an individual means an individual: (20 USC § 7801(25); 34 CFR 300.27)

  1. Who is two through 21 years of age;

  2. Who is enrolled or preparing to enroll in an elementary school or secondary school; or

  3. Who:

a. Was not born in the United States or whose native language is a language other than English;

b. Is a Native American or Alaska Native, or a native resident of the outlying areas, and comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or

c. Is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and

  1. Whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual:

a. The ability to meet Virginia's proficient level of achievement on Virginia's assessments;

b. The ability to successfully achieve in classrooms where the language of instruction is English; or

c. The opportunity to participate fully in society.

"Local educational agency" or "LEA" means a local school division governed by a local school board, a state-operated program that is funded and administered by the Commonwealth of Virginia, or the Virginia School for the Deaf and the Blind at Staunton. Neither state-operated programs nor the Virginia School for the Deaf and the Blind at Staunton are considered a school division as that term is used in these regulations. (§ 22.1-346 C of the Code of Virginia; 34 CFR 300.28)

"Long-term placement" if used in reference to state-operated programs as outlined in 8VAC20-81-30 H means those hospital placements that are not expected to change in status or condition because of the child's medical needs.

"Manifestation determination review" means a process to review all relevant information and the relationship between the child's disability and the behavior subject to the disciplinary action.

"Medical services" means services provided by a licensed physician or nurse practitioner to determine a child's medically related disability that results in the child's need for special education and related services. (§ 22.1-270 of the Code of Virginia; 34 CFR 300.34(c)(5))

"Mental retardation" See the definition of "intellectual disability."

"Multidisciplinary team" or "MDT" means an alternative to a standard FAPT that provides an option to local CSA programs to provide review and recommendations for an identified group or type of cases and can complete all of the statutory duties of a standard FAPT, including a recommendation of services for authorization by the CPMT.

"Multiple disabilities" means simultaneous impairments (such as intellectual disability with blindness, intellectual disability with orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. The term does not include deaf-blindness. (34 CFR 300.8(c)(7))

"National Instructional Materials Access Center" or "NIMAC" means the national center established to do the following: (34 CFR 300.172)

  1. Receive and maintain a catalog of print instructional materials prepared in the NIMAS, as established by the U.S. Secretary of Education, made available to such center by the textbook publishing industry, state educational agencies, and local educational agencies;

  2. Provide access to print instructional materials, including textbooks, in accessible media, free of charge, to blind or other persons with print disabilities in elementary schools and secondary schools, in accordance with such terms and procedures as the NIMAC may prescribe; and

  3. Develop, adopt, and publish procedures to protect against copyright infringement, with respect to print instructional materials provided in accordance with the Act.

"National Instructional Materials Accessibility Standard" or "NIMAS" means the standard established by the U.S. Secretary of Education to be used in the preparation of electronic files suitable and used solely for efficient conversion of print instructional materials into specialized formats. (34 CFR 300.172)

"Native language" if used with reference to an individual of limited English proficiency, means the language normally used by that individual, or, in the case of a child, the language normally used by the parent of the child, except in all direct contact with a child (including evaluation of the child), the language normally used by the child in the home or learning environment. For an individual with deafness or blindness, or for an individual with no written language, the mode of communication is that normally used by the individual (such as sign language, Braille, or oral communication). (34 CFR 300.29)

"Nonacademic services and extracurricular services" may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the local educational agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the local educational agency and assistance in making outside employment available. (34 CFR 300.107(b))

"Notice" means written statements in English or in the primary language of the home of the parent, or, if the language or other mode of communication of the parent is not a written language, oral communication in the primary language of the home of the parent. If an individual is deaf or blind, or has no written language, the mode of communication would be that normally used by the individual (such as sign language, Braille, or oral communication). (34 CFR 300.503(c))

"Occupational therapy" means services provided by a qualified occupational therapist or services provided under the direction or supervision of a qualified occupational therapist and includes: (Regulations Governing the Licensure of Occupational Therapists (18VAC85-80-10 et seq.); 34 CFR 300.34(c)(6))

  1. Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation;

  2. Improving ability to perform tasks for independent functioning if functions are impaired or lost; and

  3. Preventing through early intervention initial or further impairment or loss of function.

"Orientation and mobility services" means services provided to blind or visually impaired children by qualified personnel to enable those children to attain systematic orientation to and safe movement within their environments in school, home, and community; and includes travel training instruction, and teaching children the following, as appropriate: (34 CFR 300.34(c)(7))

  1. Spatial and environmental concepts and use of information received by the senses (e.g., sound, temperature, and vibrations) to establish, maintain, or regain orientation and line of travel (e.g., using sound at a traffic light to cross the street);

  2. To use the long cane or service animal to supplement visual travel skills or as a tool for safely negotiating the environment for students with no available travel vision;

  3. To understand and use remaining vision and distance low vision aids; and

  4. Other concepts, techniques, and tools.

"Orthopedic impairment" means a severe orthopedic impairment that adversely affects a child's educational performance. The term includes impairments caused by congenital anomaly, impairments caused by disease (e.g., poliomyelitis and bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures). (34 CFR 300.8(c)(8))

"Other health impairment" means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, and sickle cell anemia and Tourette syndrome that adversely affects a child's educational performance. (34 CFR 300.8(c)(9))

"Paraprofessional," also known as paraeducator, means an appropriately trained employee who assists and is supervised by qualified professional staff in meeting the requirements of this chapter. (34 CFR 300.156(b)(2)(iii))

"Parent" means: (§ 20-124.6 and § 22.1-213.1 of the Code of Virginia; 34 CFR 99.4 and 34 CFR 300.30)

  1. Persons who meet the definition of "parent":

a. A biological or adoptive parent of a child;

b. A foster parent, even if the biological or adoptive parent's rights have not been terminated, but subject to subdivision 8 of this definition;

c. A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child (but not a guardian ad litem, or the state if the child is a ward of the state);

d. An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare;

e. If no party qualified under subdivisions 1 a through 1 d of this definition can be identified, or those parties are unwilling to act as parent, a surrogate parent who has been appointed in accordance with requirements detailed under 8VAC20-81-220; or

f. A minor who is emancipated under § 16.1-333 of the Code of Virginia.

  1. If a judicial decree or order identifies a specific person under subdivisions 1 a through 1 e of this subsection to act as the "parent" of a child or to make educational decisions on behalf of a child, then such person shall be determined to be the "parent" for purposes of this definition.

  2. "Parent" does not include local or state agencies or their agents, including local departments of social services, even if the child is in the custody of such an agency.

  3. The biological or adoptive parent, when attempting to act as the parent under this chapter and when more than one party is qualified under this section to act as a parent, shall be presumed to be the parent for purposes of this section unless the biological or adoptive parent's authority to make educational decisions on the child's behalf has been extinguished pursuant to § 16.1-277.01, 16.1-277.02, or 16.1-283 of the Code of Virginia or a comparable law in another state.

  4. Noncustodial parents whose parental rights have not been terminated are entitled to all parent rights and responsibilities available under this chapter, including access to their child's records.

  5. Custodial stepparents have the right to access the child's record. Noncustodial stepparents do not have the right to access the child's record.

  6. A validly married minor who has not pursued emancipation under § 16.1-333 of the Code of Virginia may assert implied emancipation based on the minor's marriage record and, thus, assumes responsibilities of "parent" under this chapter.

  7. The local educational agency shall provide written notice to the biological or adoptive parents at their last known address that a foster parent is acting as the parent under this section, and the local educational agency is entitled to rely upon the actions of the foster parent under this section until such time that the biological or adoptive parent attempts to act as the parent.

"Parent counseling and training" means assisting parents in understanding the special needs of their child, providing parents with information about child development, and helping parents to acquire the necessary skills that will allow them to support the implementation of their child's IEP or IFSP. (34 CFR 300.34(c)(8))

"Participating agency" means a state or local agency (including a Children's Services Act team), other than the local educational agency responsible for a student's education, that is financially and legally responsible for providing transition services to the student. The term also means any agency or institution that collects, maintains, or uses personally identifiable information, or from which information is obtained under Part B of the Act. (34 CFR 300.611(c), 34 CFR 300.324(c) and 34 CFR 300.321(b)(3))

"Personally identifiable" means information that contains the following: (34 CFR 300.32)

  1. The name of the child, the child's parent, or other family member;

  2. The address of the child;

  3. A personal identifier, such as the child's social security number or student number; or

  4. A list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.

"Physical education" means the development of: (34 CFR 300.39(b)(2))

  1. Physical and motor fitness;

  2. Fundamental motor skills and patterns; and

  3. Skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports). The term includes special physical education, adapted physical education, movement education, and motor development.

"Physical therapy" means services provided by a qualified physical therapist or under the direction or supervision of a qualified physical therapist upon medical referral and direction. (Regulations Governing the Practice of Physical Therapy, 18VAC112-20; 34 CFR 300.34(c)(9))

"Private school children with disabilities" means children with disabilities enrolled by their parent in private, including religious, schools or facilities that meet the definition of elementary school or secondary school as defined in this section other than children with disabilities who are placed in a private school by a local school division or a Children's Services Act team in accordance with 8VAC20-81-150. (34 CFR 300.130)

"Program" means the special education and related services, including accommodations, modifications, supplementary aids, and services, as determined by a child's individualized education program.

"Psychological services" means those services provided by a qualified psychologist or under the direction or supervision of a qualified psychologist, including: (34 CFR 300.34(c)(10))

  1. Administering psychological and educational tests and other assessment procedures;

  2. Interpreting assessment results;

  3. Obtaining, integrating, and interpreting information about child behavior and conditions relating to learning;

  4. Consulting with other staff members in planning school programs to meet the special needs of children as indicated by psychological tests, interviews, direct observation, and behavioral evaluations;

  5. Planning and managing a program of psychological services, including psychological counseling for children and parents; and

  6. Assisting in developing positive behavioral intervention strategies.

"Public agency" means the state educational agency, a local educational agency, an educational service agency or other public institution, or nonprofit public charter schools that are not otherwise included as a local educational agency or an educational service agency or other public institution and any other political subdivision of the Commonwealth that is responsible for providing education to children with disabilities.

"Public expense" means that the local educational agency either pays for the full cost of the service or evaluation or ensures that the service or evaluation is otherwise provided at no cost to the parent. (34 CFR 300.502(a)(3)(ii))

"Public notice" means the process by which certain information is made available to the general public. Public notice procedures may include newspaper advertisements, radio announcements, television features and announcements, handbills, brochures, electronic means, and other methods that are likely to succeed in providing information to the public.

"Qualified person who has a disability" means a "qualified handicapped person" as defined in the federal regulations implementing the Rehabilitation Act of 1973, as amended. (29 USC § 701 et seq.)

"Recreation" includes: (34 CFR 30.34(c)(11))

  1. Assessment of leisure function;

  2. Therapeutic recreation services;

  3. Recreation program in schools and community agencies; and

  4. Leisure education.

"Reevaluation" means completion of a new evaluation in accordance with this chapter. (34 CFR 300.303)

"Rehabilitation counseling services" means services provided by qualified personnel in individual or group sessions that focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to students with disabilities by vocational rehabilitation programs funded under the Rehabilitation Act of 1973 (29 USC § 701 et seq.), as amended. (34 CFR 300.34(c)(12))

"Related services" means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education and includes speech-language pathology and audiology services; interpreting services; psychological services; physical and occupational therapy; recreation, including therapeutic recreation; early identification and assessment of disabilities in children; counseling services, including rehabilitation counseling; orientation and mobility services; and medical services for diagnostic or evaluation purposes. Related services also includes school health services and school nurse services; social work services in schools; and parent counseling and training. Related services do not include a medical device that is surgically implanted, including cochlear implants, the optimization of device functioning (e.g., mapping), maintenance of the device, or the replacement of that device. The list of related services is not exhaustive and may include other developmental, corrective, or supportive services (such as artistic and cultural programs and art, music, and dance therapy), if they are required to assist a child with a disability to benefit from special education. (§ 22.1-213 of the Code of Virginia; 34 CFR 300.34(a) and (b))

Nothing in this section:

  1. Limits the right of a child with a surgically implanted device (e.g., cochlear implant) to receive related services that are determined by the IEP team to be necessary for the child to receive FAPE;

  2. Limits the responsibility of a public agency to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the child, including breathing, nutrition, or operation of other bodily functions, while the child is transported to and from school or is at school; or

  3. Prevents the routine checking of an external component of a surgically implanted device to make sure it is functioning properly.

"School day" means any day, including a partial day, that children are in attendance at school for instructional purposes. The term has the same meaning for all children in school, including children with and without disabilities. (34 CFR 300.11)

"School health services and school nurse services" means health services that are designed to enable a child with a disability to receive FAPE as described in the child's IEP. School nurse services are services provided by a qualified school nurse. School health services are services that may be provided by either a qualified school nurse or other qualified person. (Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 of the Code of Virginia; 34 CFR 300.34(c)(13))

"Scientifically based research" means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs and includes research that: (20 USC § 9501(18); 34 CFR 300.35)

  1. Employs systematic, empirical methods that draw on observation or experiment;

  2. Involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;

  3. Relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators;

  4. Is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs, or activities are assigned to different conditions and with appropriate controls to evaluate the effects of the condition of interest, with a preference for random-assignment experiments, or other designs to the extent that those designs contain within-condition or across-condition controls;

  5. Ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to build systematically on their findings; and

  6. Has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.

"Screening" means those processes that are used routinely with all children to identify previously unrecognized needs and that may result in a referral for special education and related services or other referral or intervention.

"Section 504" means that section of the Rehabilitation Act of 1973, as amended, which is designed to eliminate discrimination on the basis of disability in any program or activity receiving federal financial assistance. (29 USC § 701 et seq.)

"Serious bodily injury" means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (18 USC § 1365(h)(3); 34 CFR 300.530(i)(3))

"Services plan" means a written statement that describes the special education and related services the local educational agency will provide to a parentally placed child with a disability enrolled in a private school who has been designated to receive services, including the location of the services and any transportation necessary, and is developed and implemented in accordance with 8VAC20-81-150. (34 CFR 300.37)

"Short-term objectives" means measurable intermediate steps that enable an IEP team to monitor a student's progress toward achieving the annual goals.

"Social work services in schools" means those services provided by a school social worker or qualified visiting teacher, including: (Licensure Regulations for School Personnel, 8VAC20-22-660); 34 CFR 300.34(c)(14))

  1. Preparing a social or developmental history on a child with a disability;

  2. Group and individual counseling with the child and family;

  3. Working in partnership with parents and others on those problems in a child's living situation (home, school, and community) that affect the child's adjustment in school;

  4. Mobilizing school and community resources to enable the child to learn as effectively as possible in the child's educational program; and

  5. Assisting in developing positive behavioral intervention strategies for the child.

A local educational agency, in its discretion, may expand the role of a school social worker or visiting teacher beyond those services identified in this definition, as long as the expansion is consistent with other state laws and regulations, including licensure.

"Special education" means specially designed instruction, at no cost to the parent, to meet the unique needs of a child with a disability, including instruction conducted in a classroom, in the home, in hospitals, in institutions, and in other settings, and instruction in physical education. The term includes each of the following if it meets the requirements of the definition of special education: (§ 22.1-213 of the Code of Virginia; 34 CFR 300.39)

  1. Speech-language pathology services or any other related service, if the service is considered special education rather than a related service under state standards;

  2. Vocational education; and

  3. Travel training.

"Special education hearing officer" has the same meaning as the term "impartial hearing officer" as that term is used in the Act and its federal implementing regulations.

"Specially designed instruction" means adapting, as appropriate to the needs of an eligible child under this chapter, the content, methodology, or delivery of instruction: (34 CFR 300.39(b)(3))

  1. To address the unique needs of the child that result from the child's disability; and

  2. To ensure access of the child to the general curriculum so that the child can meet the educational standards that apply to all children within the jurisdiction of the local educational agency.

"Specific learning disability" means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.

Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities; of intellectual disabilities; of emotional disabilities; or of environmental, cultural, or economic disadvantage. (§ 22.1-213 of the Code of Virginia; 34 CFR 300.8(c)(10))

Dyslexia is distinguished from other learning disabilities due to its weakness occurring at the phonological level. Dyslexia is a specific learning disability that is neurobiological in origin. It is characterized by difficulties with accurate or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.

"Speech or language impairment" means a communication disorder, such as stuttering, impaired articulation, expressive or receptive language impairment, or voice impairment that adversely affects a child's educational performance. (34 CFR 300.8(c)(11))

"Speech-language pathology services" means the following: (34 CFR 300.34(c)(15))

  1. Identification of children with speech or language impairments;

  2. Diagnosis and appraisal of specific speech or language impairments;

  3. Referral for medical or other professional attention necessary for the habilitation of speech or language impairments;

  4. Provision of speech and language services for the habilitation or prevention of communicative impairments; and

  5. Counseling and guidance of parents, children, and teachers regarding speech and language impairments.

"State assessment program" means the state assessment program in Virginia under the Act that is the component of the state assessment system used for accountability.

"State educational agency" means the Virginia Department of Education. (34 CFR 300.41)

"State-operated programs" means programs that provide educational services to children and youth who reside in facilities according to the admissions policies and procedures of those facilities that are the responsibility of state boards, agencies, or institutions. (§§ 22.1-7, 22.1-340 and 22.1-345 of the Code of Virginia)

"Supplementary aids and services" means aids, services, and other supports that are provided in general education classes or other education-related settings to enable children with disabilities to be educated with children without disabilities to the maximum extent appropriate in accordance with this chapter. (34 CFR 300.42)

"Surrogate parent" means a person appointed in accordance with procedures set forth in this chapter to ensure that children are afforded the protection of procedural safeguards and the provision of a free appropriate public education. (34 CFR 300.519)

"Timely manner" if used with reference to the requirement for National Instructional Materials Accessibility Standard, means that the local educational agency shall take all reasonable steps to provide instructional materials in accessible formats to children with disabilities who need those instructional materials at the same time as other children receive instructional materials. (34 CFR 300.172(b)(4))

"Transition from Part C (Early Intervention Program for Infants and Toddlers with Disabilities) services" means the steps identified in the Individualized Family Services Plan (IFSP) to be taken to support the transition of the child to: (34 CFR 300.124)

  1. Early childhood special education to the extent that those services are appropriate; or

  2. Other services that may be available, if appropriate.

"Transition services" if used with reference to secondary transition means a coordinated set of activities for a student with a disability that is designed within a results-oriented process that: (34 CFR 300.43)

  1. Is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation.

  2. Is based on the individual child's needs, taking into account the child's strengths, preferences, and interests and includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation.

Transition services for students with disabilities may be special education if provided as specially designed instruction or related services if they are required to assist a student with a disability to benefit from special education.

"Transportation" includes: (34 CFR 300.34(c)(16))

  1. Travel to and from school and between schools;

  2. Travel in and around school buildings; and

  3. Specialized equipment (such as special or adapted buses, lifts, and ramps) if required to provide special transportation for a child with a disability.

"Traumatic brain injury" means an acquired injury to the brain caused by an external physical force or by other medical conditions, including stroke, anoxia, infectious disease, aneurysm, brain tumors, and neurological insults resulting from medical or surgical treatments, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative or to brain injuries induced by birth trauma. (34 CFR 300.8(c)(12))

"Travel training" means providing instruction, as appropriate, to children with significant cognitive disabilities and any other children with disabilities who require this instruction to enable the child to: (34 CFR 300.39(b)(4))

  1. Develop an awareness of the environment in which the child lives; and

  2. Learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community).

"Universal design" has the meaning given the term in § 3 of the Assistive Technology Act of 1998, as amended, 29 USC § 3002. The term "universal design" means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly usable (without requiring assistive technologies) and products and services that are made usable with assistive technologies. (34 CFR 300.44)

"Virginia School for the Deaf and the Blind at Staunton" means the Virginia school under the operational control of the Virginia Board of Education. The Superintendent of Public Instruction shall approve the education programs of this school. (§ 22.1-346 of the Code of Virginia)

"Visual impairment including blindness" means an impairment in vision that, even with correction, adversely affects a child's educational performance. The term includes both partial sight and blindness. (34 CFR 300.8(c)(13))

"Vocational education," for the purposes of special education, means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment or for additional preparation for a career not requiring a baccalaureate or advanced degree, and includes career and technical education. (34 CFR 300.39(b)(5))

"Ward of the state" means a child who, as determined by the state where the child resides, is: (34 CFR 300.45)

  1. A foster child;

  2. A ward of the state; or

  3. In the custody of a public child welfare agency.

"Ward of the state" does not include a foster child who has a foster parent who meets the definition of a "parent."

"Weapon" means dangerous weapon under 18 USC § 930(g)(2). (34 CFR 530(i)(4))

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; Errata, 26:4 VA.R. 447-448 October 26, 2009; amended, Virginia Register Volume 26, Issue 8, eff. January 25, 2010; Volume 38, Issue 5, eff. November 24, 2021; Volume 40, Issue 26, eff. September 16, 2024; Volume 41, Issue 12, eff. March 13, 2025; Volume 41, Issue 19, eff. June 4, 2025; Volume 42, Issue 3, eff. November 6, 2025.

Part II Responsibilities of the State Department of Education

8VAC20-81-20 Functions of the Virginia Department of Education

The Virginia Department of Education (state educational agency) shall perform the following functions:

  1. Ensure that all children with disabilities, two to 21 years of age, inclusive, residing in Virginia have a right to a free appropriate public education, including children with disabilities who: (34 CFR 300.2 and 34 CFR 300.101)

a. Are migrant;

b. Are homeless;

c. Have been suspended or expelled from school in accordance with this chapter;

d. Are incarcerated in a state, regional, or local adult or juvenile correctional facility, with the exception of those provisions identified in 8VAC20-81-110 I;

e. Are receiving special education and related services, even though they have not failed or been retained in a course or grade, and are advancing from grade to grade;

f. Are in state-operated programs; or

g. Are in public charter schools in accordance with the Code of Virginia.

  1. Except as provided in 8VAC20-81-170 E 4 b (3), ensure that each local school division develops an IEP for each child with a disability served by that local school division and that an IEP is developed for each child with a disability placed in a private school by a local school division or Children's Services Act team. (34 CFR 300.112 and 34 CFR 300.300(b)(4)(ii))

  2. Review and submit to the Virginia Board of Education for approval a plan for the provision of special education and related services from each local educational agency responsible for providing educational services to children with disabilities. (§ 22.1-215 of the Code of Virginia; 34 CFR 300.200)

  3. Ensure that each local educational agency includes all children with disabilities in all general Virginia Department of Education and divisionwide assessment programs, including assessments described in § 1111 of ESEA, with appropriate accommodations and alternate assessments where necessary and as indicated in the respective IEPs and in accordance with the provisions of the Act at § 1412. (20 USC § 1412(a)(16)(A))

  4. Ensure that each local educational agency takes steps for its children with disabilities to have available the variety of educational programs and services available to nondisabled children in the areas served by the local educational agency, including art, music, industrial arts, consumer and homemaking education, and career and technical education. (34 CFR 300.110)

  5. Ensure that each educational program for children with disabilities administered within Virginia: (34 CFR 300.149(a))

a. Is under the general supervision of the persons responsible for educational programs for children with disabilities in Virginia; and

b. Meets the educational standards of the Virginia Department of Education.

In carrying out these requirements with respect to homeless children, the requirements of Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act (42 USC § 11431 et seq.) are met.

  1. Prior to the adoption of any policies and procedures to comply with the Act, or submitting a state plan in accordance with the Act, VDOE shall ensure that public hearings are convened, adequate notice of the hearings are provided, and an opportunity for comment is made available to the public, members of the state special education advisory committee, and private special education schools. (34 CFR 300.165)

  2. Develop procedures for implementing state and federal laws and regulations pertaining to the education of children with disabilities. (§ 22.1-214 of the Code of Virginia; 34 CFR 300.199 and 34 CFR 300.129)

  3. Assist local educational agencies and other participating state agencies in the implementation of state and federal laws and regulations pertaining to LRE requirements by: (34 CFR 300.119)

a. Ensuring that teachers and administrators are fully informed about their responsibilities for implementing LRE requirements; and

b. Providing technical assistance and training necessary to assist local educational agencies and other participating state agencies in this effort.

  1. Ensure that the requirements for LRE are implemented by each local educational agency. If there is evidence that a local educational agency's placements are inconsistent with LRE requirements, the Virginia Department of Education shall: (34 CFR 300.120)

a. Review the local educational agency's justification for its actions; and

b. Assist in planning and implementing any necessary corrective action.

  1. Review and evaluate compliance of local educational agencies with state and federal laws and regulations pertaining to the education of children with disabilities and require corrective actions where needed. (34 CFR 300.149, 34 CFR 300.151 and 34 CFR 300.507)

a. Administer a special education due process hearing system that provides procedures for training of special education hearing officers, evaluating special education hearing officers, and management and monitoring of hearings.

b. Maintain and operate a complaint system that provides for the investigation and issuance of findings regarding alleged violations of the educational rights of parents or children with disabilities. Allegations may be made by public or private agencies, individuals, or organizations.

  1. Establish and implement a mediation process in accordance with the Act. (§ 22.1-214 of the Code of Virginia; 34 CFR 300.506)

  2. Review and evaluate compliance of private nonsectarian special education schools that are licensed or have a certificate to operate in order to ensure that each child with a disability placed in the school by a local school division or Children's Services Act team is provided special education and related services at no cost to the parent in conformance with an IEP that meets the requirements of this chapter and meets the standards that apply to education provided by local educational agencies. (34 CFR 300.129, 34 CFR 300.146 and 34 CFR 300.147)

a. Monitor compliance through procedures such as written reports, on-site visits, and parent questionnaires;

b. Provide copies of all Virginia regulations and standards; and

c. Provide an opportunity for these schools to participate in the development and revision of Virginia's regulations that apply to them.

  1. Review and evaluate compliance of the Virginia School for the Deaf and the Blind at Staunton to ensure that each child with a disability placed in the school by a local school division is provided special education and related services at no cost to the parent in accordance with an IEP that meets the requirements of this chapter and meets the standards that apply to education provided by local educational agencies. (34 CFR 300.149)

  2. Establish and maintain a state special education advisory committee composed of individuals involved in or concerned with the education of children with disabilities. (34 CFR 300.167 through 34 CFR 300.169)

a. Membership. The membership shall consist of individuals appointed by the Superintendent of Public Instruction or designee who are involved in, or concerned with, the education of children with disabilities. The majority shall be individuals with disabilities or parents of children with disabilities (birth through 26 years of age). Membership shall include one or more of the following:

(1) Parents of children with disabilities (birth through 26 years of age);

(2) Individuals with disabilities;

(3) Teachers;

(4) Representatives of institutions of higher education that prepare special education and related services personnel;

(5) State and local education officials, including officials who carry out activities under Subtitle B of Title VII of the McKinney-Vento Homeless Act (42 USC § 11431 et seq.);

(6) Administrators of programs for children with disabilities;

(7) Representatives of other state agencies involved in the financing or delivery of related services to children with disabilities;

(8) Representatives of private schools and public charter schools;

(9) At least one representative of a vocational, community, or business organization concerned with the provision of transition services to children with disabilities;

(10) A representative from Virginia's juvenile and adult corrections agencies; and

(11) A representative from Virginia's child welfare agency responsible for foster care.

b. Duties. The state special education advisory committee shall:

(1) Advise the Virginia Department of Education and the Virginia Board of Education of unmet needs within the state in the education of children with disabilities;

(2) Comment publicly on any rules or regulations proposed by the Virginia Board of Education regarding the education of children with disabilities;

(3) Advise the Virginia Department of Education in developing evaluations and reporting on data to the U.S. Secretary of Education under the Act;

(4) Advise the Virginia Department of Education in developing corrective action plans to address findings identified in federal monitoring reports under the Act;

(5) Advise the Virginia Department of Education in developing and implementing policies relating to the coordination of services for children with disabilities; and

(6) Review the annual plan submitted in accordance with 8VAC20-81-230 B 2 submitted by state-operated programs and the Virginia School for the Deaf and the Blind at Staunton.

c. Procedures.

(1) The state special education advisory committee shall meet as often as necessary to conduct its business.

(2) By October 1 of each year, the state special education advisory committee shall submit an annual report of committee activities and suggestions to the State Board of Education. The report shall be made available to the public in a manner consistent with other public reporting requirements of Part B of the Act.

(3) Official minutes shall be kept on all committee meetings and shall be made available to the public on request.

(4) All meetings and agenda items shall be publicly announced enough in advance of the meeting to afford interested parties a reasonable opportunity to attend, and meetings shall be open to the public.

(5) Interpreters and other necessary accommodations shall be provided for advisory committee members or participants.

(6) The advisory committee shall serve without compensation, but the Virginia Department of Education shall reimburse the committee for reasonable and necessary expenses for attending meetings and performing duties.

  1. Provide a report annually to the state special education advisory committee on the Virginia Department of Education's dispute resolution systems, including information related to due process hearings and decisions. This report and due process hearing decisions, with all personally identifiable information deleted, are made available to the public on the Virginia Department of Education's website. (34 CFR 300.513(d))

  2. Establish goals for the performance of children with disabilities that: (34 CFR 300.157(a))

a. Promote the purposes of the Act;

b. Are the same as Virginia's objectives for progress by children in its definition of adequate yearly progress, including Virginia's objectives for progress by children with disabilities, under § 1111(b)(2)(C) of the ESEA, 20 USC § 6311;

c. Address graduation rates and drop-out rates, as well as such other factors as Virginia may determine; and

d. Are consistent, to the maximum extent appropriate, with any other goals and academic standards for children as established by Virginia.

  1. Establish performance indicators Virginia will use to assess progress toward achieving the goals in subdivision 17 of this section, including measurable annual objectives for progress by children with disabilities under § 1111(b)(2)(C)(v)(II)(cc) of the ESEA, 20 USC § 6311. Annually report to the public and the United States Secretary of Education on the progress of children with disabilities in Virginia, toward meeting the goals described in subdivision 17 of this section, which may include elements of the reports required under § 1111(h) of the ESEA. (34 CFR 300.157(b) and (c))

  2. Establish and maintain qualifications to ensure that personnel necessary to carry out the purposes of this chapter are appropriately and adequately prepared and trained, including that those personnel have the content knowledge and skills to serve children with disabilities. These requirements include: (34 CFR 300.156(a) through (d))

a. Related services personnel and paraprofessionals. The qualifications shall:

(1) Be consistent with any Virginia-approved or Virginia-recognized certification, licensing, registration, or other comparable requirements that apply to the professional discipline in which those personnel are providing special education or related services;

(2) Ensure that related services personnel who deliver services in their discipline or profession have not had certification or licensure requirements waived on an emergency, temporary, or provisional basis; and

(3) Allow paraprofessionals and assistants who are appropriately trained and supervised, in accordance with state law, regulation, or written policy, in meeting the requirements of this chapter to be used to assist in the provision of special education and related services to children with disabilities.

b. Ensuring that each person employed as a public school special education teacher in Virginia who teaches in an elementary school, middle school, or secondary school is highly qualified as a special education teacher by the deadline established in § 1119(a)(2) of the ESEA.

c. Requiring local educational agencies to take measurable steps to recruit, hire, train, and retain highly qualified personnel to provide special education and related services to children with disabilities.

  1. Respond to complaints filed by a parent about staff qualifications as provided for under this chapter. Notwithstanding any other individual right of action that a parent or student may maintain under this chapter, nothing in this chapter shall be construed to create a right of action on behalf of an individual student or a class of students for the failure of the Virginia Department of Education or local educational agency employee to be highly qualified. (34 CFR 300.156(e))

  2. Secure agreements with state agency heads regarding appropriate roles and responsibilities for the identification, evaluation, placement, and delivery of or payment for educational and related services in order to ensure that a free appropriate public education is provided to all children with disabilities. The agreements shall address financial responsibility for each nonpublic educational agency for the provision of services. The agreements shall include procedures for resolving interagency disputes and for securing reimbursement from other agencies, including procedures under which local educational agencies may initiate proceedings. (34 CFR 300.154)

  3. Disburse the appropriated funds for the education of children with disabilities in Virginia to local school divisions and state-operated programs that are in compliance with state and federal laws and regulations pertaining to the education of children with disabilities. (34 CFR 300.705 and 34 CFR 300.816)

  4. Ensure that a practical method is developed and implemented to determine which children, including children with disabilities who are homeless or are wards of the state, are currently receiving needed special education and related services. Report and certify annually to the United States Department of Education the number of children with disabilities in local educational agencies who are receiving special education and related services on a date between October 1 and December 1 of each year determined by the Superintendent of Public Instruction or designee. The annual report of children served shall meet the provisions of 34 CFR 300.641 through 34 CFR 300.645. (34 CFR 300.111 and 34 CFR 300.640)

  5. Ensure that a practical method is developed and implemented to determine if significant disproportionality based on race and ethnicity is occurring in the local educational agencies. This method shall include the collection and examination of data with respect to: (34 CFR 300.646(a) and 34 CFR 300.173)

a. The identification of children as children with disabilities, including the identification of children as children with disabilities in accordance with a particular impairment described in 8VAC20-81-10, "Child with a disability";

b. The placement in particular educational settings of these children; and

c. The incidence, duration, and type of disciplinary actions, including suspensions and expulsions.

  1. Ensure that in the case of the determination of significant disproportionality, as outlined in subdivision 24 of this section, the Virginia Department of Education shall: (34 CFR 300.646(b))

a. Review and, if appropriate, provide for the revision of the policies, procedures, and practices used by the local educational agency in the identification or placement to ensure that the policies, procedures, and practices comply with the requirements of this chapter;

b. Require any local educational agency determined to have a significant disproportionality to reserve the maximum amount of funds under this chapter to provide comprehensive coordinated early intervening services to serve children in the local educational agency, particularly, but not exclusively, children in those groups that were significantly overidentified; and

c. Require the local educational agency to publicly report on the revision of policies, practices, and procedures addressing the disproportionality.

  1. Establish procedures designed to fully inform parents and children with disabilities of educational rights and due process procedures, and ensure that each local educational agency is informed of its responsibility for ensuring effective implementation of procedural safeguards for the children with disabilities served by that local educational agency. (34 CFR 300.121 and 34 CFR 300.150)

  2. Ensure that requirements regarding use of public or private insurance to pay for services required under this chapter are met. (34 CFR 300.154(d) and (e))

  3. Ensure that if the Virginia Department of Education provides direct services to children with disabilities, it complies with state and federal requirements as if it is a local educational agency and uses federal funds under Part B of the Act to provide services. (34 CFR 300.175)

a. The Virginia Department of Education may use payments that would otherwise have been available to a local educational agency under Part B of the Act to provide special education services directly to children with disabilities residing in the local school division or served by a state-operated program in accordance with the conditions of the excess cost requirements as outlined in 8VAC20-81-260.

b. The Virginia Department of Education may provide special education and related services in the manner and at the location it considers appropriate, consistent with least restrictive environment requirements.

  1. Ensure that children who participate in early intervention services assisted under Part C of the Act and who will participate in preschool programs assisted under Part B of the Act experience a smooth and effective transition to early childhood special education programs in a manner consistent with the Virginia Part C lead agency's early intervention policies and procedures as follows: (34 CFR 300.124)

a. For those children who at two years of age (on or before September 30) are found eligible for Part B early childhood special education programs, IEPs are developed and implemented for those children; and

b. The local educational agency will participate in transition planning conferences arranged by the designated local Part C early intervention agency.

  1. Ensure the protection of the confidentiality of any personally identifiable information collected, maintained, or used under Part B of the Act. This shall include notice to fully inform parents about the confidentiality of information as specified in 34 CFR 300.612, and policies and procedures that are used in the event that parents refuse to provide consent for disclosure of education records. These policies and procedures shall comply with the provisions of 34 CFR 300.612 through 34 CFR 300.626. (34 CFR 300.123 and 34 CFR 300.610)

  2. Ensure that a practical method is developed and implemented to: (34 CFR 300.170)

a. Examine data, including data disaggregated by race and ethnicity, to determine if significant discrepancies occur in the rate of long-term suspensions and expulsions with children with disabilities:

(1) Among local educational agencies in Virginia; or

(2) Compared to the rates for nondisabled children within the local school division.

b. Review discrepancies and, if appropriate, require the local educational agency to revise its policies, procedures, and practices relating to the development and implementation of IEPs, the use of positive behavioral interventions and supports, and procedural safeguards, to ensure that these policies, procedures, and practices comply with the Act.

  1. Adopt the National Instructional Materials Accessibility Standard for the purposes of providing instructional materials to blind persons or other persons with print disabilities. (34 CFR 300.172)

a. Ensure that local educational agencies take all reasonable steps to provide instructional materials in accessible formats to children with disabilities who need those instructional materials at the same time as other children receive instructional materials; and

b. In carrying out the provisions of this subsection, to the maximum extent possible, work collaboratively with the state agency responsible for assistive technology programs.

  1. Prohibit the Virginia Department of Education and local educational agency personnel from requiring parents to obtain a prescription for substances identified under Schedule I, II, III, IV, or V in § 202(c) of the Controlled Substances Act (21 USC § 812(c)) for a child as a condition of attending school, receiving an evaluation under this chapter, or receiving services under this chapter. (34 CFR 300.174(a))

  2. Monitor, enforce, and provide technical assistance regarding the implementation of the requirements under the Act. These actions include: (34 CFR 300.600 through 34 CFR 300.609; 34 CFR 300.640 through 34 CFR 300.645; 34 CFR 300.149(b) and 34 CFR 300.165(b))

a. Providing the Secretary of Education state performance reports and data collections in accordance with the provisions of 34 CFR 300.600 through 34 CFR 300.602.

b. Taking appropriate enforcement and technical assistance measures to assist local educational agencies in complying with the provisions of the Act in accordance with the provisions of 34 CFR 300.600 through 34 CFR 300.602 and 34 CFR 300.608.

c. Establishing that the focus of Virginia's monitoring activities is on:

(1) Improving educational results and functional outcomes for all children with disabilities; and

(2) Ensuring that public agencies meet the program requirements under Part B of the Act, with a particular emphasis on those requirements that are most closely related to improving educational results for children with disabilities.

d. Using quantifiable indicators and such qualitative indicators as are needed to adequately measure performance in the priority areas identified in 34 CFR 300.600(d), and the indicators established by the U.S. Secretary of Education for the state performance plans.

e. Using the targets established in Virginia's performance plan and the priority areas described in 34 CFR 300.600(d) to analyze the performance of each local educational agency.

f. Following all the reporting requirements under 34 CFR 300.602(b).

g. Notifying the public of the pendency of an enforcement action taken by the U.S. Department of Education pursuant to 34 CFR 300.604.

h. Prohibiting the local educational agency from reducing the local educational agency's maintenance of effort under 34 CFR 300.203 for any fiscal year if the Virginia Department of Education determines that a local educational agency is not meeting the requirements of Part B of the Act, including the targets in Virginia's state performance plan.

  1. Ensure each recipient of assistance under Part B of the Act makes positive efforts to employ, and advance in employment, qualified individuals with disabilities in programs assisted under Part B of the Act. (34 CFR 300.177(b))

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; Errata, 26:4 VA.R. 447-448 October 26, 2009; amended, Virginia Register Volume 26, Issue 8, eff. January 25, 2010; Volume 42, Issue 3, eff. November 6, 2025.

Part III Responsibilities of Local School Divisions and State-Operated Programs

8VAC20-81-30 Responsibility of local school divisions and state-operated programs

A. The requirements set forth in this chapter are applicable to local school divisions and state-operated programs providing education and related services for children with disabilities and are developed in accordance with state and federal laws and regulations.

B. Each local school division shall ensure that all children with disabilities two to 21 years of age, inclusive, residing in that school division have a right to a free appropriate public education. (§ 22.1-214 of the Code of Virginia; 34 CFR 300.2, 34 CFR 300.101, 34 CFR 300.124 and 34 CFR 300.209)

The children include:

  1. Children with disabilities who are migrant;

  2. Children with disabilities who are homeless, in accordance with the provisions of the McKinney-Vento Homeless Assistance Act (42 USC § 11431 et seq.);

  3. Children with disabilities who are in need of special education and related services, even though the child has not failed or been retained in a course or grade, and is advancing from grade to grade;

  4. Children with disabilities who are served in a public nonprofit charter school;

  5. Children with disabilities who have been suspended or expelled from school;

  6. Children with disabilities who are incarcerated for 10 or more days in a regional or local jail in the school division's jurisdiction, with the exception of those additional provisions identified in 8VAC20-81-110 I;

  7. Children with disabilities who are residents of the school division and who are on house arrest, as ordered by a court of competent jurisdiction;

  8. Children with disabilities who are in foster care and residents of Virginia;

  9. Children with disabilities who are placed for noneducational reasons;

  10. Children with disabilities regardless of citizenship or immigration status; and

  11. Children with disabilities who do not reside within the school division's jurisdiction but reside in the Commonwealth and are enrolled in a full-time virtual school program provided by the school division, in accordance with regulations of the State Board of Education. A school division that is required to provide a free appropriate public education, including special education, for a nonresident student who is enrolled in its full-time virtual school program pursuant to this section shall be entitled to any federal and state funds applicable to the education of such student. In the case of a student who is a resident of the Commonwealth but does not reside in the school division where the student is enrolled in a full-time virtual school program, the school division in which the student resides shall be released from the obligation to provide a free appropriate public education, including special education, for such student.

C. Every child with a disability is deemed to reside in a school division when: (§ 22.1-3 of the Code of Virginia)

  1. The child is living with a biological parent whose parental rights have not been terminated.

  2. The child is living with an adoptive parent.

  3. The child is living with an individual:

a. Other than the custodial parent but who is defined as a parent in § 22.1-1 of the Code of Virginia, not solely for school purposes; and

b. Pursuant to a special power of attorney executed under 10 USC § 1044b by the custodial parent while such custodial parent is deployed outside the United States as a member of the Virginia National Guard or as a member of the United States Armed Forces.

  1. The parent of the child is deceased and the child is living with a person in loco parentis who resides within the school division.

  2. The parents of the child are unable to care for the child and the child is living, not solely for school purposes, with another person who resides in the school division and is either:

a. The court-appointed guardian, or has legal custody; or

b. Acting in loco parentis pursuant to placement of the child by a person or entity authorized to do so under § 63.2-900 of the Code of Virginia.

  1. The child is living in the school division not solely for school purposes, as an emancipated minor pursuant to the provisions of the § 16.1-334 of the Code of Virginia.

  2. The child is living in the school division not solely for school purposes, as a validly married minor who has not pursued emancipation under § 16.1-333 of the Code of Virginia but who asserts implied emancipation based on the minor's marriage record.

  3. The child is in foster care and a resident of Virginia, but not a resident of the school division, under the following conditions: (§ 22.1-215 of the Code of Virginia)

a. The child has been placed in foster care or other custodial care within the geographical boundaries of the school division by a Virginia agency, whether state or local, that is authorized by the Code of Virginia to place children; or

b. The child has been placed, not solely for school purposes, in a child-caring institution or group home licensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 of the Code of Virginia that is located within the geographical boundaries of the school division.

  1. The child is in foster care and a resident of Virginia, and a resident of the school division, under the provisions of subdivision 8 of this subsection.

D. If a child with a disability is living with the parent in the residence of the local school division, the local school division is responsible for ensuring that the child receives a free appropriate public education even if the enrollment requirements for the child are not completed within a reasonable period of the parents' request to enroll the child. (34 CFR 300.101)

E. Requirements for children with disabilities who are placed for noneducational reasons:

  1. The local school division that is part of the Children's Services Act team that places the child in a private residential placement for noneducational reasons shall ensure that the child's IEP team develops an IEP appropriate for the child's needs while the child is in the residential placement.

  2. If a child in foster care is placed in a local school division of nonresidence and the IEP team of the local school division of nonresidence where the child is placed determines that the child needs to be placed in a private day or residential special education facility for educational reasons, the responsibility for a free appropriate public education transfers to the local school division where the Virginia placing agency is located and is a participant in the community policy and management team of that local school division that has responsibility for the child under the Children's Services Act. (Chapter 52 (§ 2.2-5200 et seq.) of Title 2.2 of the Code of Virginia)

  3. If placed in a nursing facility, a long stay hospital, or an intermediate care facility for people with intellectual disabilities under funding from the Virginia Department of Medical Assistance Services, the child is a resident of the division where the parent resides.

  4. If placed in a group home by a community services board, a court service unit, or a court of competent jurisdiction, the child is a resident of the division where the parent resides.

  5. If the child is 18 years of age or older and placed in a nursing facility, a long stay hospital, or an intermediate care facility for people with intellectual disabilities under funding from the Virginia Department of Medical Assistance Services, and who has been declared legally incompetent or legally incapacitated by a court of competent jurisdiction and for whom the court has appointed a guardian to make decisions, the adult child is a resident of the division where the guardian resides.

  6. If the child is 18 years of age or older and placed in a group home by a community services board and has been declared legally incompetent or legally incapacitated by a court of competent jurisdiction and for whom the court has appointed a guardian to make decisions, the adult child is a resident of the division where the guardian resides.

  7. If the child is 18 years of age or older, who has not been declared legally incompetent or legally incapacitated by a court of competent jurisdiction and for whom the court has not appointed a guardian to make decisions, the adult child's residence is the fixed home to which the adult child will return following the child's return from a facility and at which the adult child intends to stay. No adult child shall have more than one residence at a time.

  8. If the child is 18 years of age or older, who has been declared legally incompetent or legally incapacitated by a court of competent jurisdiction and for whom the court has appointed a guardian to make decisions, the adult child is a resident of the division where the guardian resides.

  9. If placed in a sponsored residential home, licensed in accordance with 12VAC35-105, the child is a resident of the division where the parent resides.

F. If there is a dispute between local school divisions regarding the parent's or legal guardian's residence, the local school division of the parent's or legal guardian's last known place of residence is responsible until such dispute is resolved or the parent's or legal guardian's residence is established in another local school division.

G. If there is dispute between the parent or legal guardian of a child with a disability and the local school division regarding residency, the local school division of where the child is last enrolled remains responsible for providing the child with a free appropriate public education until resolution of the dispute.

H. Each state-operated program shall ensure that the requirements in this chapter are applied to children with disabilities, two to 21 years of age, inclusive, in that institution. (§ 22.1-7 of the Code of Virginia)

  1. For children with disabilities who are placed in a state-operated program as a long-term placement, the local educational agency of the parent's residence remains responsible for ensuring that the child receives a free appropriate public education.

  2. The state-operated program shall ensure that the local educational agency of the parent's residence is advised of the child's admission, status, and meetings associated with the child receiving a free appropriate public education.

I. Children with disabilities who are not residents of Virginia but are living temporarily with adults who do not otherwise meet the definition of parent residing within a school division may, in the discretion of the local school board's policies and procedures, be admitted to the public schools of the school division for special education and related services. Tuition charges associated with this admittance are subject to the provisions of § 22.1-5 of the Code of Virginia.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; amended, Virginia Register Volume 26, Issue 8, eff. January 25, 2010; Volume 31, Issue 22, eff. July 29, 2015; Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-81-40 Special education staffing requirements

A. School age programs. The following specifies the staffing patterns for special education services for school age (five to 21, inclusive) children, in addition to the Standards of Quality (§ 22.1.253.13:2 of the Code of Virginia) and Virginia Standards of Education (8VAC20-132-230).

  1. Staffing shall be in accordance with the requirements of 8VAC20-81-340 in the following settings.

a. Students with disabilities shall be instructed with students without disabilities in general education settings and classrooms, as appropriate, and in accordance with the Individualized Education Program (IEP). The service level, Level I or II, is based on the amount of time the student receives special education.

b. When children with disabilities are removed from the general education setting and classroom to provide instruction, special education, and related services, they may receive services with children with the same disability or with children with different disabilities.

  1. Personnel assignment.

a. Each student shall receive special education services from special education personnel assigned in accordance with the Virginia Licensure Regulations for School Personnel (8VAC20-22).

b. Special education teachers who are the teachers of record shall be highly qualified.

c. General education qualified personnel who are knowledgeable about the students and their special education may implement special education services in collaboration with special education personnel.

d. Special education services include those services provided directly to the student and those provided indirectly.

  1. Caseload standards.

a. The maximum instructional caseloads for special education teachers and speech-language pathologists, for which public schools receive state funds in accordance with the Virginia Appropriation Act are listed in 8VAC20-81-340. Special education services for children with visual impairment are established, maintained, and operated jointly by the local school board and the Virginia Department for the Blind and Vision Impaired.

b. If children with disabilities in a single building receive academic content area instruction from multiple special education teachers, the teachers' caseloads shall be determined by using a building average.

(1) A building average is computed by dividing the total weights (found in 8VAC20-81-340) for all children served in this fashion by the number of special education teachers providing services. Any itinerant teacher shall be counted according to the amount of time the teacher spends in the school. Subdivision 3 d of this subsection applies for any teacher assigned to administrative duties or to providing services to children who do not have disabilities.

(2) The building average shall not exceed 20 points if services are provided to students receiving Level I services and to children receiving Level II services. The building average shall not exceed 24 points if services are provided only to children receiving Level I services.

(3) No more than 14 children shall be assigned to a single class period if there are similar achievement levels and one subject area and level are taught. No more than 10 students shall be assigned to a single class period when there are varying achievement levels.

c. Special education personnel may also be assigned to serve children who are not eligible for special education and related services under this chapter, as long as special education personnel hold appropriate licenses and endorsements for such assignments.

d. When special education personnel are assigned to provide services for children who do not have a disability under this chapter or are assigned to administrative duties, a reduction in the caseload specified in the Virginia Appropriation Act shall be made in proportion to the percentage of school time on such assignment.

(1) This provision does not apply when special education and related services are provided in a general education class, based on the goals of the IEP of at least one child in that classroom, and children without disabilities incidentally benefit from such services.

(2) When special education personnel provide services in a general education classroom based on the IEP goals of at least one child in that classroom, the special education caseloads do not include children with disabilities who incidentally benefit from such services.

B. Staffing for early childhood special education.

  1. Children of preschool ages (two to five, inclusive) who are eligible for special education receive early childhood special education. The amount of services is determined by the child's individualized education program (IEP) team. A schedule comparable in length to school-age students shall be made available if determined appropriate by the IEP team.

  2. Staffing requirements.

a. Children receiving early childhood special education services may receive services together with other preschool-age children with the same or with different disabilities.

b. Each student shall receive special education services from special education personnel assigned in accordance with the Virginia Licensure Regulations for School Personnel (8VAC20-22).

c. The maximum special education caseloads, with and without paraprofessionals, are set and funded in the Virginia Appropriation Act. See 8VAC20-81-340 for the funded caseloads. Special education services for children with visual impairment are established, maintained, and operated jointly by the local school board and the Virginia Department for the Blind and Vision Impaired.

C. Staffing for education programs in regional and local jails. Special education personnel with any special education endorsement, except early childhood special education, may provide instructional services to eligible students with disabilities incarcerated in a regional or local jail.

D. Alternative special education staffing plan. School divisions and private special education schools may offer for consideration of approval, an alternative staffing plan in accordance with Virginia Department of Education procedures. The Virginia Department of Education may grant approval for alternative staffing levels upon request from local school divisions and private special education schools seeking to implement innovative programs that are not consistent with these staffing levels.

E. Educational interpreting services.

  1. The qualification requirements for personnel providing interpreting services for children who are deaf or hard of hearing are as follows:

a. Personnel providing educational interpreting services for children using sign language shall:

(1) Have a valid Virginia Quality Assurance Screening (VQAS) Level III; or

(2) Have a passing score on the Educational Interpreter Performance Assessment (EIPA) Written Test along with a minimum of a Level 3.5 on the EIPA Performance Test or any other state qualification or national certification (excluding Certificate of Deaf Interpretation) recognized by the Virginia Department for the Deaf and Hard of Hearing as equivalent to or exceeding the VQAS Level III.

b. Personnel providing educational interpreting services for children using cued speech/language shall have a Virginia Quality Assurance Screening Level III for cued speech or hold a national Transliteration Skills Certificate from the Testing, Evaluation and Certification Unit (TEC Unit) or equivalent recognized by the Virginia Department for the Deaf and Hard of Hearing.

c. Personnel providing educational interpreting services for children requiring oral interpreting shall meet minimum requirements for competency on the Virginia Quality Assurance Screening written assessment of the Code of Ethics.

  1. Personnel who provide interpreting services for children who use sign language or cued speech/language and who do not hold the required qualifications may be employed in accordance with the following criteria:

a. Personnel shall have a valid Virginia Quality Assurance Screening Level I, or its equivalent, as determined by the Virginia Department for the Deaf and Hard of Hearing; or

b. Personnel shall have a passing score on the EIPA Written Test and a minimum score of 2.5 on the EIPA Performance Test upon hiring date in any local educational agency in Virginia.

  1. The following qualification requirements for personnel providing interpreting services for students who are deaf or hard of hearing will become effective in 2010:

a. Personnel providing educational interpreting services for children using sign language shall hold:

(1) A valid Virginia Quality Assurance Screening (VQAS) Level III; or

(2) A passing score on the Educational Interpreter Performance Assessment (EIPA) Written Test along with a minimum of a Level 3.5 on the EIPA Performance Test or any other state qualification or national certification (excluding Certificate of Deaf Interpretation) recognized by the Virginia Department for the Deaf and Hard of Hearing as equivalent to or exceeding the VQAS Level III.

(3) Under no circumstances shall local educational agencies or private special education schools hire interpreters who hold qualifications below a VQAS Level II, EIPA Level 3.0 or the equivalent from another state.

(4) Interpreters hired with a VQAS Level II, EIPA Level 3.0 or the equivalent shall have two years from the date of hire to reach the required qualifications.

b. Personnel providing educational interpreting services for children using cued speech/language shall have a valid Virginia Quality Assurance Screening Level III for cued speech/language or hold a national Transliteration Skills Certificate from the Testing, Evaluation and Certification Unit (TEC Unit) or equivalent recognized by the Virginia Department for the Deaf and Hard of Hearing.

(1) Under no circumstances shall local educational agencies or private special education schools hire educational interpreters to provide cued speech services who hold qualifications below a VQAS Level I or the equivalent from another state.

(2) Educational Interpreters to provide cued speech hired with a VQAS Level I or the equivalent have three years from the date of hire to reach the required qualifications.

c. Personnel providing educational interpreting services for children requiring oral interpreting shall hold a national Oral Transliteration Certificate (OTC) or equivalent recognized by the Virginia Department of Deaf and Hard of Hearing.

  1. For a child who is not deaf or hard of hearing but for whom sign language services are specified in the IEP to address expressive or receptive language needs, the sign language services shall be provided by an individual meeting the requirements determined appropriate by the local educational agency.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; amended, Virginia Register Volume 41, Issue 19, eff. June 4, 2025.
8VAC20-81-50 Child find

A. Child find.

  1. Each local school division shall maintain an active and continuing child find program designed to identify, locate and evaluate those children residing in the jurisdiction who are birth to age 21, inclusive, who are in need of special education and related services, including children who: (34 CFR 300.102 and 34 CFR 300.111)

a. Are highly mobile, such as migrant and homeless children;

b. Are wards of the state;

c. Attend private schools, including children who are home-instructed or home-tutored;

d. Are suspected of being children with disabilities under this chapter and in need of special education, even though they are advancing from grade to grade; and

e. Are under age 18, who are suspected of having a disability who need special education and related services, and who are incarcerated in a regional or local jail in its jurisdiction for 10 or more days.

  1. Each local school division shall coordinate child find activities for infants and toddlers (birth to age two, inclusive) with the Part C local interagency coordinating council. (34 CFR 300.124)

  2. Each local school division shall locate, identify and evaluate children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools. (34 CFR 300.131, 34 CFR 300.133, 34 CFR 300.134)

a. The child find process shall be designed to ensure:

(1) The equitable participation of parentally placed private school children; and

(2) An accurate count of those children.

b. The local school division shall undertake activities similar to the activities undertaken for its public school children.

c. The cost of carrying out the child find requirements, including individual evaluation, may not be considered in determining if a local educational agency has met its obligation under 34 CFR 300.133.

d. The child find process shall be completed in a time period comparable to that for students attending public school in the local educational agency.

e. Each local school division in which private, including religious, elementary and secondary schools, are located, shall include parentally placed private school children, including those who reside in a state other than Virginia, or country other than the United States.

(1) If the location of the administration of the private school in which the child attends is different from the school division in which the private school is located, the school division in which the private school is located and which the child attends is responsible for the child find activities.

f. The local school division shall consult with appropriate representatives of private school children with disabilities, as well as home-instructed or home-tutored children with disabilities, and representatives of parents of parentally placed private school children with disabilities, on how to implement the child find and evaluation activities.

B. Public awareness. Each local school division shall, at least annually, conduct a public awareness campaign to:

  1. Inform the community of a person's, ages two to 21, inclusive, statutory right to a free appropriate public education and the availability of special education programs and services;

  2. Generate referrals; and

  3. Explain the nature of disabilities, the early warning signs of disabilities, and the need for services to begin early.

C. Screening.

  1. Each local school division shall have procedures, including timelines, to document the screening of children enrolled in the division, including transfers from out of state as follows:

a. Children shall be screened in the areas of hearing and vision in accordance with the requirements of 8VAC20-250-10. (§ 22.1-273 of the Code of Virginia)

b. Children shall be screened for scoliosis in accordance with the requirements of 8VAC20-690-20. (§ 22.1-273.1 of the Code of Virginia)

c. Children shall be screened in the areas of speech, voice, language, and fine and gross motor functions to determine if a referral for an evaluation for special education and related services is indicated.

d. Children who fail any of the above screenings may be rescreened if the original results are not considered valid.

e. The local educational agency may recognize screenings reported as part of the child's pre-school physical examination required under the Code of Virginia. (§ 22.1-270 of the Code of Virginia)

f. Children shall be referred to the special education administrator or designee if results suggest that a referral for evaluation for special education and related services is indicated. The referral shall include the screening results.

  1. The local school division shall provide all applicable procedural safeguards. These include the following:

a. Written notice to parents of the scheduled screening and, if the child fails the screening, the results of the screening;

b. Confidentiality; and

c. Maintenance of the student's scholastic record.

  1. Screening for instructional purposes is not an evaluation. The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services. (34 CFR 300.302)

D. Referrals.

  1. Each school shall have procedures to process in a timely manner all referral requests for a child suspected of having a disability.

  2. Each school shall have a team to review records and other performance evidence of the child being referred in order to make recommendations to meet the child's educational and behavioral needs.

a. The team shall include:

(1) The referring source, as appropriate (except if inclusion of a referring source would breach the confidentiality of the child);

(2) The principal or designee;

(3) At least one teacher; and

(4) At least one specialist.

b. Other members may be included according to the school division's procedures, or when the school division determines that the special needs of the child identified in the referral request requires additional information that should be provided by individuals with specialized training or specific knowledge.

c. One member of the team must be knowledgeable about alternative interventions and about procedures required to access programs and services that are available to assist with children's educational needs.

  1. Children may be referred through a screening process, or by school staff, the parent(s), or other individuals.

a. The referral may be in written, electronic, or oral form to the principal or designee of the school the child attends, or if initially enrolling in the school division, in the school in the parent's district.

b. If the referral is made to the special education administrator or designee, the administrator shall within three business days:

(1) Initiate the evaluation eligibility process in accordance with 8VAC20-81-60, 8VAC20-81-70, and 8VAC20-81-80;

(2) Require that the school-based team review and respond to the request; or

(3) Deny the request.

If the request is denied, prior written notice in accordance with 8VAC20-81-170 shall be given to the parent(s), including the parent's right to appeal the decision through the due process hearing procedures. (34 CFR 300.507)

  1. In reviewing the child's performance, the team may use a process based on the child's response to scientific, research-based interventions or other alternative research-based procedures. (34 CFR 300.307)

a. The team shall ensure that these interventions are documented and do not needlessly delay a child suspected of having a disability from being evaluated for special education and related services.

b. If the child has not made adequate progress after an appropriate period of time during the implementation of the interventions, the team shall refer the child to the special education administrator or designee for an evaluation to determine if the child needs special education and related services. (34 CFR 300.309)

  1. Timelines for referral process.

a. The team shall meet within 10 business days following the receipt of the referral.

b. The team shall refer the child to the special education administrator or designee within three business days if the team determines that the child should be referred for an evaluation for special education and related services.

c. If the team decides not to refer for an evaluation for special education and related services, prior written notice in accordance with 8VAC20-81-170 shall be given to the parent(s), including the parent's right to appeal the decision through the due process hearing. (34 CFR 300.507)

  1. Actions by the team shall be documented in writing and shall include information upon which a decision was based.

E. Prohibition on mandatory medication (34 CFR 300.174).

  1. The Virginia Department of Education prohibits state and local educational agency personnel from requiring parents to obtain a prescription for substances identified under Schedule I, II, III, IV, or V in § 202(c) of the Controlled Substances Act (21 USC § 812(c)) for a child as a condition of attending school, receiving an evaluation under 34 CFR 300.300 through 34 CFR 300.311, or receiving services under this part.

  2. Teachers and other school personnel may consult or share classroom-based observations with parents or guardians regarding a student's academic and functional performance, or behavior in the classroom or school, or regarding the need for evaluation for special education or related services.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009.
8VAC20-81-60 Referral for initial evaluation

A. All children, aged two to 21, inclusive, whether enrolled in public school or not, who are suspected of having a disability, shall be referred to the special education administrator or designee, who shall initiate the process of determining eligibility for special education and related services.

  1. Referrals may be made by any source including school staff, a parent, the Virginia Department of Education, any other state agency, other individuals, or a school-based team in accordance with 8VAC20-81-50 D 5 b. (34 CFR 300.301(b))

  2. The referring party shall inform the special education administrator or designee of why an evaluation is requested and efforts that have been made to address the concerns. The referral may be made in oral or written form.

  3. Upon receipt of the referral for initial evaluation for the provision of special education and related services to a child suspected of having a disability, from a source other than the school-based team, the special education administrator or designee shall:

a. Initiate the initial evaluation procedures under subsection B of this section;

b. Refer the child to the school-based team to review and respond to the request under 8VAC20-81-50 D 3 b (2); or

c. Deny the request and provide prior written notice in accordance with 8VAC20-81-170.

B. Procedures for referral for initial evaluation.

  1. The special education administrator, or designee, shall:

a. Record the date the referral was received, reason for referral, and names of the person or agency making the referral;

b. Implement procedures for maintaining the confidentiality of all data;

c. Provide written notice and procedural safeguards to inform the parents in the parents' native language or primary mode of communication, unless it is clearly not feasible to do so, about:

(1) The referral for evaluation;

(2) The purpose of the evaluation; and

(3) Parental rights with respect to evaluation and other procedural safeguards;

d. Inform the parents of the procedures for the determination of needed evaluation data and request any evaluation information the parents may have on the child;

e. Secure informed consent from the parents for the evaluation;

f. Ensure that all evaluations consist of procedures that:

(1) Gather relevant functional, developmental, and academic information about the child to determine if the child is a child with a disability; and

(2) Are sufficiently comprehensive to identify all of the child's special education and related services needs, and educational needs; and

g. Ensure that all evaluations are completed and that decisions about eligibility are made within 65 business days of the receipt of the referral by the special education administrator or designee, including if the special education administrator or designee routes the referral to the school-based committee for review and action. Local school divisions may shorten the deadline of 65 business days from the date of receipt of referral for an initial evaluation of a child to determine eligibility for special education and related services. The timeframe shall not apply to the local school division if: (34 CFR 300.301(d) and (e))

(1) The parent of the child repeatedly fails or refuses to produce the child for the evaluation; or

(2) If the child enrolls in a school served by the local school division after the required 65 business days has begun and prior to a determination by the child's previous local school division as to whether the child is a child with a disability. This exception only applies if the local school division is making sufficient progress to ensure a prompt completion of the evaluation, and the parents and the local school division where the child is enrolled in school agree to a specific time when the evaluation will be completed.

h. The parent and eligibility group may agree in writing to extend the 65-day timeline to obtain additional data that cannot be obtained within the 65 business days. Local school divisions may shorten the deadline of 65 business days from the date of receipt of referral for an initial evaluation of a child to determine eligibility for special education and related services. (34 CFR 300.300(a), 34 CFR 300.309(c))

i. If the decision is to not evaluate, prior written notice, in accordance with 8VAC20-81-170, shall be given to the parent, including the parent's right to appeal the decision through due process hearing procedures. (34 CFR 300.507)

  1. Parental consent requirements. (34 CFR 300.300)

a. Parental consent is not required before reviewing existing data as part of an evaluation or administering a test or other evaluation that is administered to all children, unless parental consent is required before administration to all children.

b. Parental consent for initial evaluation shall not be construed as consent for initial provision of special education and related services.

c. The local school division shall make reasonable efforts to obtain parental consent for an initial evaluation to determine whether the child is a child with a disability.

d. For initial evaluations only, if the child is a ward of the state and is not residing with the child's parent, the local school division is not required to obtain parental consent to determine whether the child is a child with a disability if:

(1) Despite reasonable efforts to do so, the local school division cannot discover the whereabouts of the parent of the child;

(2) The rights of the parents of the child have been terminated in accordance with Virginia law; or

(3) The rights of the parent to make educational decisions have been subrogated by a judge in accordance with Virginia law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.

The local school division shall then proceed with evaluating the child without finalizing the appointment of a surrogate parent.

e. If the parent does not provide consent for the initial evaluation, or fails to respond to a request to provide consent, the local school division may, but is not required to, use the dispute resolution options of mediation or due process to pursue the initial evaluation of the child. The local school division does not violate its obligation under child find or other free appropriate public education provisions if it declines to pursue the evaluation.

f. If a parent of a child who is home-instructed or home-tutored, or who is placed in a private school by the parent at the parent's own expense, does not provide consent for initial evaluation, or the parent fails to respond to a request to provide consent, the local school division may not use mediation or due process to pursue the initial evaluation.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; amended, Virginia Register Volume 40, Issue 5, eff. November 22, 2023.
8VAC20-81-70 Evaluation and reevaluation

A. Each local educational agency shall establish procedures for the evaluation and reevaluation of referrals of children in accordance with the provisions of this section. (34 CFR 300.122)

B. Determination of needed evaluation data for initial evaluation or reevaluation. (34 CFR 300.305 and 34 CFR 300.507)

  1. Review of existing evaluation data. A group that is comprised of the same individuals as an IEP team and other qualified professionals, as appropriate, shall:

a. Review existing evaluation data on the child, including:

(1) Evaluations and information provided by the parents of the child;

(2) Current classroom-based, local, or state assessments and classroom-based observations; and

(3) Observations by teachers and related services providers; and

b. On the basis of that review and input from the child's parents, identify what additional data, if any, are needed to determine:

(1) Whether the child is, or continues to be, a child with a disability;

(2) The present educational needs of the child;

(3) The child's present level of academic achievement and related developmental needs;

(4) Whether the child needs or continues to need special education and related services; and

(5) Whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the IEP of the child and to participate, as appropriate, in the general education curriculum.

  1. Conduct of review. The group completing the review may conduct its review without a meeting. The local educational agency shall provide notice to ensure that the parent has the opportunity to participate in the review. If there is a meeting, the local educational agency shall provide notice of the meeting early enough to ensure that the parents will have an opportunity to participate. The notice shall meet the requirements of 8VAC20-81-110 E 2 a.

  2. Need for additional data. The local educational agency shall administer tests and other evaluation materials as may be needed to produce the data identified in this subsection.

  3. Requirements if additional data are not needed:

a. If the team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the child continues to be a child with a disability and to determine the child's educational needs, the local educational agency shall provide the child's parents with prior written notice, including information regarding:

(1) The determination and the reasons for it; and

(2) The right of the parents to request an evaluation to determine whether the child continues to be a child with a disability and to determine the child's educational needs.

b. The local educational agency is not required to conduct the evaluation to gather additional information to determine whether the child continues to have a disability and to determine the child's educational needs, unless the child's parent requests the evaluation for these specific purposes.

c. The child's parent has the right to resolve a dispute through mediation or due process as described in this chapter.

d. This process shall be considered the evaluation if no additional data are needed.

  1. If the team determines not to evaluate a child suspected of a disability, prior written notice, in accordance with 8VAC20-81-170, shall be given to the parent, including the parent's rights to appeal the decision through due process proceedings.

C. The local educational agency shall establish policies and procedures to ensure that the following requirements are met. (§ 22.1-214 of the Code of Virginia; 34 CFR 300.304 and 34 CFR 300.310)

  1. Assessments and other evaluation materials used to assess a child under this chapter are:

a. Selected and administered so as not to be discriminatory on a racial or cultural basis;

b. Provided and administered in the child's native language and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to do so;

c. Used for the purposes for which the assessments or measures are valid and reliable; and

d. Administered by trained and knowledgeable personnel in accordance with the instructions provided by the producer of the assessments.

  1. Materials and procedures used to assess a child with limited English proficiency are selected and administered to ensure that they measure the extent to which the child has a disability and needs special education, rather than measuring the child's English language skills.

  2. A variety of assessment tools and strategies are used to gather relevant functional, developmental, and academic information about the child, including information provided by the parents, and information related to enabling the child to be involved in and progress in the general curriculum (or for a preschool child, to participate in appropriate activities), that may assist in determining whether the child is a child with a disability and the content of the child's IEP.

  3. The assessment tools and strategies used provide relevant information that directly assists persons in determining the educational needs of the child.

  4. If an assessment is not conducted under standard conditions, a description of the extent to which it varied from standard conditions (e.g., the qualifications of the person administering the test or the method of test administration) shall be included in the evaluation report.

  5. Any nonstandardized assessment administered by qualified personnel may be used to assist in determining whether the child is a child with a disability and the contents of the child's IEP.

  6. Assessments and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient.

  7. Assessments are selected and administered so as to best ensure that if an assessment is administered to a child with impaired sensory, motor, or communication skills, the assessment results accurately reflect the child's aptitude or achievement level or whatever other factors the test purports to measure rather than reflecting the child's impaired sensory, motor, or communication skills (except where those skills are the factors that the test purports to measure).

  8. The evaluation is sufficiently comprehensive to identify all of the child's special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified.

  9. Technically sound instruments are used that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.

  10. No single measure or assessment is used as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for a child.

  11. If the evaluation requires assessments in more than one area relating to the suspected disability, a group of persons, including at least one teacher or other specialist with knowledge in the area of the suspected disability, shall complete the assessments.

  12. For a child suspected of having a specific learning disability, the evaluation shall include an observation of academic performance in the regular classroom by at least one team member other than the child's regular teacher. In the case of a child of less than school age or out of school, a team member shall observe the child in an environment appropriate for a child of that age.

  13. Each child is assessed by a qualified professional in all areas relating to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, motor abilities, and adaptive behavior. This may include educational, medical, sociocultural, psychological, or developmental assessments.

a. The hearing of each child suspected of having a disability shall be screened during the eligibility process prior to initial determination of eligibility for special education and related services.

b. A complete audiological assessment, including tests that will assess inner and middle ear functioning, shall be performed on each child who is hearing impaired or deaf or who fails two hearing screening tests.

D. The evaluation report shall be available to the parents no later than two business days before the meeting to determine eligibility. (34 CFR 300.306(a)(2))

  1. A written copy of the evaluation report shall be provided to the parents prior to or at the meeting where the eligibility group reviews the evaluation report or immediately following the meeting, but no later than 10 days after the meeting.

  2. The evaluation report shall be provided to the parent at no cost.

E. Assessments of children with disabilities or suspected of having a disability who transfer from one local educational agency to another local educational agency in the same school year shall be coordinated with those children's prior and subsequent schools, as necessary and as expeditiously as possible, consistent with 8VAC20-81-60 B 1 g, to ensure prompt completion of full evaluations. (34 CFR 300.304(c)(5))

F. Reevaluation.

  1. A reevaluation shall be conducted: (34 CFR 300.303(a) and (b)(2))

a. If the local educational agency determines that the child's educational or related services needs, including improved academic achievement and functional performance, warrants a reevaluation;

b. If the child's parent or teacher requests a reevaluation; or

c. At least once every three years, unless the parent and local educational agency agree that a reevaluation is unnecessary.

  1. The local educational agency shall not conduct a reevaluation more than once a year unless the parent and the local educational agency agree otherwise. If the local educational agency does not agree with the parent's request for a reevaluation, the local educational agency shall provide the parent with prior written notice in accordance with 8VAC20-81-170. (34 CFR 300.303(b)(1))

  2. The local educational agency shall conduct a reevaluation in accordance with the requirements of subsection B of this section. (34 CFR 300.305)

G. Parental consent for reevaluation. (34 CFR 300.300(c) and (d))

  1. Informed parental consent is required before conducting any reevaluation of a child with a disability.

a. If the local educational agency can demonstrate that it has taken reasonable measures to obtain consent and the child's parent has failed to respond, the local educational agency shall proceed as if consent has been given by the parent. Reasonable measures include providing notice to the parents in writing (or by telephone or in person with proper documentation).

b. If the parent refuses consent, the local educational agency may continue to pursue those evaluations by using due process or mediation procedures. The local educational agency does not violate its obligation under this chapter if it declines to pursue the reevaluation.

  1. Parental consent is not required before:

a. Review of existing data as part of an evaluation or reevaluation;

b. A teacher's or related service provider's observations or ongoing classroom evaluations; or

c. Administering a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of parents of all children.

  1. If a parent of a child who is home-instructed or home-tutored, or who is placed in a private school by the parents at the parents' own expense, does not provide consent for reevaluation, or the parent fails to respond to a request to provide consent, the local educational agency may not use mediation or due process to pursue the reevaluation. In this instance, the local school division is not required to consider the child as eligible for equitable services under the provisions of 8VAC20-81-150 for parentally placed students.

H. Timelines for reevaluations.

  1. The reevaluation process, including eligibility determination, shall be initiated in sufficient time to complete the process prior to the third anniversary of the date eligibility was last determined.

  2. If a reevaluation is conducted for purposes other than the child's triennial, the reevaluation process, including eligibility determination, shall be completed in 65 business days of the receipt of the referral by the special education administrator or designee for the evaluation. Local school divisions may shorten the deadline of 65 business days from the date of receipt of referral for a reevaluation of a child to determine eligibility for special education and related services.

  3. The parent and eligibility group may agree in writing to extend the 65-day timeline to obtain additional data that cannot be obtained within the 65 business days. Local school divisions may shorten the deadline of 65 business days from the date of receipt of referral for a reevaluation of a child to determine eligibility for special education and related services.

I. The local educational agency is not required to evaluate a child with a disability who graduates with a standard diploma or advanced studies diploma. Since graduation is a change in placement, the local educational agency is required to provide the parent with prior written notice in accordance with 8VAC20-81-170. (34 CFR 300.305(e)(2))

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; amended, Virginia Register Volume 26, Issue 8, eff. January 25, 2010; Volume 40, Issue 5, eff. November 22, 2023.
8VAC20-81-80 Eligibility

A. Each local educational agency shall establish procedures to ensure that the decision regarding eligibility for special education and related services and educational needs is made in accordance with the provisions of this section.

B. The determination that a child is eligible for special education and related services shall be made on an individual basis by a group as designated in subdivision C 2 of this section.

C. Upon completion of the administration of assessments and other evaluation materials or after determining that additional data are not needed, a group of qualified professionals and the parent(s) of the child shall determine whether the child is, or continues to be, a child with a disability and the educational needs of the child. If a determination is made that a child has a disability and requires special education and related services, an IEP shall be developed in accordance with the requirements of 8VAC20-81-110. (34 CFR 300.306, 34 CFR 300.308)

  1. The determination of whether a child is a child with a disability is made by the child's parent(s) and a group that is collectively qualified to:

a. Conduct, as appropriate, individual diagnostic assessments in the areas of speech and language, academic achievement, intellectual development and social-emotional development;

b. Interpret assessment and intervention data, and apply critical analysis to those data; and

c. Develop appropriate educational and transitional recommendations based on the assessment data.

  1. The eligibility group composition.

a. The group may be an IEP team, as defined in 8VAC20-81-110, as long as the above requirements and notice requirements of 8VAC20-81-170 are met.

b. The group shall include, but not be limited to:

(1) Local educational agency personnel representing the disciplines providing assessments;

(2) The special education administrator or designee;

(3) The parent(s);

(4) A special education teacher;

(5) The child's general education teacher or if the child does not have a general education teacher, a general education teacher qualified to teach a child of the child's age; or for a child of less than school age, an individual qualified to teach a child of the child's age; and

(6) At least one person qualified to conduct individual diagnostic examinations of children, such as school psychologist, speech-language pathologist, or remedial reading teacher.

D. Procedures for determining eligibility and educational need. (34 CFR 300.306 through 34 CFR 300.311)

  1. In interpreting evaluation data for the purpose of determining if a child is a child with a disability and determining the educational needs of the child, the local educational agency shall:

a. Draw upon information from a variety of sources, including aptitude and achievement tests, parent input and teacher recommendations, as well as information about the child's physical condition, social or cultural background, and adaptive behavior; and

b. Ensure that information from all these sources is documented and carefully considered.

  1. The group shall provide procedural safeguards in determining eligibility and in ensuring the confidentiality of records.

  2. Observation.

a. The local educational agency shall ensure that the child is observed in the child's learning environment (including the general education classroom setting) to document the child's academic performance and behavior in the areas of difficulty.

b. The eligibility group, in determining whether a child is a child with a disability shall:

(1) Use information from an observation in routine classroom instruction and monitoring of the child's performance that was done before the child was referred for an evaluation; or

(2) Have at least one member of the eligibility group conduct an observation of the child's academic performance in the general education classroom after the child has been referred for an evaluation and parental consent has been obtained consistent with the requirements of 8VAC20-81-170.

c. In the case of a child of less than school age or out of school, a group member shall observe the child in an environment appropriate for a child of that age.

  1. A child shall not be determined to be eligible under this chapter if the child does not otherwise meet the eligibility criteria, or the determinant factor is:

a. Lack of appropriate instruction in reading, including the essential components of reading instruction:

(1) Phonemic awareness,

(2) Phonics,

(3) Vocabulary development,

(4) Reading fluency, including oral reading skills, and

(5) Reading comprehension strategies;

b. Lack of appropriate instruction in math; or

c. Limited English proficiency.

  1. The local educational agency shall provide the parent with a copy of the documentation of the determination of eligibility at no cost. This documentation shall include a statement of:

a. Whether the child has a specific disability.

b. The basis for making the determination including an assurance that the determination has been made in accordance with the provisions of this section regarding determining eligibility and educational need.

c. The relevant behavior, if any, noted during the observation of the child and the relationship of that behavior to the child's academic functioning.

d. The educationally relevant medical findings, if any.

e. The instructional strategies used and the student-centered data collected if the child has participated in a response to scientific, research-based intervention process. This document shall also include:

(1) The local educational agency's notification to the parent of the Virginia Department of Education's policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided;

(2) The strategies that were used to increase the child's rate of learning; and

(3) The parent's right to request an evaluation.

f. For identification of a child with a specific learning disability, whether consistent with the requirements of subdivisions T 2 a and T 2 b of this section, the child does not achieve adequately for the child's age or to meet Virginia-approved grade-level standards; and

(1) The child does not make sufficient progress to meet age or Virginia-approved grade-level standards; or

(2) The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, Virginia-approved grade-level standards or intellectual development.

g. For identification of a child with a specific learning disability, the group's determination is consistent with the requirements of subdivision T 2 c of this section.

  1. The eligibility group shall consider, as part of the evaluation, data that demonstrates that prior to, or as part of the referral process, the child was provided appropriate high-quality, researched-based instruction in general education settings, consistent with § 1111(b)(8)(D) and (E) of the ESEA, including that the instruction was delivered by qualified personnel. There shall be data-based documentation that repeated assessments of achievement at reasonable intervals, reflecting that formal assessment of student progress during instruction was provided to the child's parents.

  2. The eligibility group shall work toward consensus. If the group does not reach consensus and the decision does not reflect a particular member's conclusion, then the group member shall submit a written statement presenting that member's conclusions.

  3. The local educational agency shall obtain written parental consent for the initial eligibility determination. Thereafter, written parental consent shall be secured for any change in categorical identification in the child's disability.

  4. The eligibility group shall have a written summary that consists of the basis for making its determination as to the eligibility of the child for special education and related services. The written summary shall include any written statement from a member whose conclusion differs from the other members' determination. The summary statement may include other recommendations. The written summary shall be maintained in the child's scholastic record.

  5. The written summary shall be forwarded to the IEP team, including the parent, upon determination of eligibility. The summary statement may include other recommendations.

  6. With reevaluations, if the eligibility group determines that there is not a change to the child's eligibility for special education and related services, and educational needs, the IEP team is not required to convene, unless the parent requests that the IEP team meets.

E. Nothing in this chapter requires that children be identified by their disability on IEPs, local educational agency communications to parents regarding eligibility determinations, or other similar communications to parents. For such communications, local educational agencies shall identify that each child has a disability under this chapter and by reason of that disability needs special education and related services, and is regarded as a child with a disability.

F. Eligibility for related services. A child with a disability shall be found eligible for special education in order to receive related services. Once a child is found eligible for special education, decisions about the need for related services shall be made by the IEP team. An evaluation may be conducted as determined by the IEP team. (34 CFR 300.34 and 34 CFR 300.306(c)(2))

G. Two-year-old children previously served by Part C. A child, aged two, previously participating in early intervention services assisted under Part C of the Act, shall meet the requirements of this chapter to be determined eligible under Part B of the Act. For a child served by Part C after age two, and whose third birthday occurs during the summer, the child's IEP team shall determine the date when services under the IEP will begin for the child. (34 CFR 300.124)

H. For all children suspected of having a disability, local educational agencies shall:

  1. Use the criteria adopted by the Virginia Department of Education, as outlined in this section, for determining whether the child has a disability; and

  2. Have documented evidence that, by reason of the disability, the child needs special education and related services. (34 CFR 300.307(b))

I. The Virginia Department of Education permits each local educational agency to use a process for determining whether a child has a disability based on the child's response to scientific, research-based intervention and permits each local educational agency to use other alternative research-based intervention and procedures. (34 CFR 300.307)

J. Eligibility as a child with autism. The group may determine that a child has autism if:

  1. There is an adverse effect on the child's educational performance due to documented characteristics of autism, as outlined in this section; and

  2. The child has any of the Pervasive Developmental Disorders, also referenced as autism spectrum disorder, such as Autistic Disorder, Asperger's Disorder, Rhett's Disorder, Childhood Disintegrative Disorder, Pervasive Developmental Disorder – Not Otherwise Specified including Atypical Autism as indicated in diagnostic references.

a. Children with Asperger's Disorder demonstrate the following characteristics:

(1) Impairments in social interaction, such as marked impairment in the use of multiple nonverbal behaviors such as eye-to-eye gaze, facial expression, body postures, and gestures to regulate social interaction; failure to develop peer relationships appropriate to developmental level; a lack of spontaneous seeking to share enjoyment, interests, or achievements with other people (i.e., by a lack of showing, bringing, or pointing out objects of interest); or lack of social or emotional reciprocity are noted; and

(2) Restricted repetitive and stereotyped patterns of behavior, interests, and activities such as encompassing preoccupation with one or more stereotyped and restricted patterns of interest that is abnormal either in intensity or focus, apparently inflexible adherence to specific, nonfunctional routines or rituals, stereotyped and repetitive motor mannerisms, persistent preoccupation with parts of objects.

b. Children with autistic disorder, in addition to the characteristics listed in subdivisions 2 a (1) and 2 a (2) of this subsection, also demonstrate impairments in communication, such as delay in, or total lack of, the development of spoken language (not accompanied by an attempt to compensate through alternative modes of communication such as gesture or mime). In individuals with adequate speech, marked impairment in the ability to initiate or sustain a conversation with others, stereotyped and repetitive use of language or idiosyncratic language, or lack of varied, spontaneous make-believe play or social imitative play appropriate to developmental level is noted.

c. Children with Pervasive Developmental Disorder - Not Otherwise Specified or Atypical Autism may display any of the characteristics listed in subdivisions 2 a (1), 2 a (2) and 2 b of this subsection without displaying all of the characteristics associated with either Asperger's Disorder or Autistic Disorder.

K. Eligibility as a child with deaf-blindness. The group may determine that a child has deaf-blindness if the definition of "deaf-blindness" as outlined in 8VAC20-81-10 is met.

L. Eligibility as a child with deafness. The group may determine that a child has deafness if:

  1. The definition of "deafness" is met in accordance with 8VAC20-81-10;

  2. There is an adverse effect on the child's educational performance due to one or more documented characteristics of a deafness, as outlined in subdivision 3 of this subsection; and

  3. The child has a bilateral hearing loss (sensorineural, or mixed conductive and sensorineural), a fluctuating or a permanent hearing loss, documented auditory dyssynchrony (auditory neuropathy), and/or cortical deafness.

M. Eligibility as a child with developmental delay. (34 CFR 300.111(b))

  1. The group may determine that a child has a developmental delay if the local educational agency permits the use of developmental delay as a disability category when determining whether a preschool child, aged two by September 30 to six, inclusive, is eligible under this chapter, and:

a. The definition of "developmental delay" is met in accordance with 8VAC20-81-10; or

b. The child has a physical or mental condition that has a high probability of resulting in a developmental delay.

  1. Eligibility as a child with a disability for children ages two through six shall not be limited to developmental delay if eligibility can be determined under another disability category.

  2. A local educational agency is not required to adopt and use developmental delay as a disability category for any children within its jurisdiction. If the local educational agency permits the use of developmental delay as a disability category, it shall comply with the eligibility criteria outlined in this section.

N. Eligibility as a child with an emotional disability. The group may determine that a child has an emotional disability if:

  1. The definition of "emotional disability" is met in accordance with 8VAC20-81-10; and

  2. There is an adverse effect on the child's educational performance due to one or more documented characteristics of an emotional disability.

O. Eligibility as a child with a hearing impairment.

  1. The group may determine that a child has a hearing impairment if:

a. The definition of "hearing impairment" is met in accordance with 8VAC20-81-10; and

b. There is an adverse effect on the child's educational performance due to one or more documented characteristics of a hearing impairment, as outlined in subdivision 2 of this subsection.

  1. Characteristics of children with a hearing impairment include unilateral hearing loss (conductive, sensorineural, or mixed), bilateral hearing loss (conductive, sensorineural, or mixed), a fluctuating or permanent hearing loss, and/or auditory dyssynchrony (auditory neuropathy). The hearing loss results in qualitative impairments in communication/educational performance.

  2. The term "hard of hearing" may be used in this capacity.

P. Eligibility as a child with an intellectual disability. The group may determine that a child has an intellectual disability if:

  1. The definition of "intellectual disability" is met in accordance with 8VAC20-81-10;

  2. There is an adverse effect on the child's educational performance due to one or more documented characteristics of an intellectual disability, as outlined in subdivision 3 of this subsection; and

  3. The child has:

a. Significantly impaired intellectual functioning, which is two or more standard deviations below the mean, with consideration given to the standard error of measurement for the assessment, on an individually administered, standardized measure of intellectual functioning;

b. Concurrently, significantly impaired adaptive behavior as determined by a composite score on an individual standardized instrument of adaptive behavior that measures two standard deviations or more below the mean; and

c. Developmental history that indicates significant impairment in intellectual functioning and a current demonstration of significant impairment is present.

Q. Eligibility as a child with multiple disabilities. The group may determine that a child has multiple disabilities if the definition of "multiple disabilities" is met in accordance with 8VAC20-81-10.

R. Eligibility as a child with an orthopedic impairment. The group may determine that a child has an orthopedic impairment if:

  1. The definition of "orthopedic impairment" is met in accordance with 8VAC20-81-10; and

  2. There is an adverse effect on the child's educational performance due to one or more documented characteristics of an orthopedic impairment.

S. Eligibility as a child with other health impairment. The group may determine that a child has an other health impairment if:

  1. The definition of "other health impairment" is met in accordance with 8VAC20-81-10; and

  2. There is an adverse effect on the child's educational performance due to one or more documented characteristics of the other health impairment.

T. Eligibility of a child with a specific learning disability. (34 CFR 300.307 and 34 CFR 300.309)

  1. The group may determine that a child has a specific learning disability if:

a. The definition of "specific learning disability" is met in accordance with 8VAC20-81-10; and

b. The criteria for determining the existence of a specific learning disability are met.

  1. The criteria for determining the existence of a specific learning disability are met if:

a. The child does not achieve adequately for the child's age or to meet Virginia-approved grade-level standards in one or more of the following areas when provided with learning experiences and instruction appropriate for the child's age or Virginia-approved grade-level standards:

(1) Oral expression;

(2) Listening comprehension;

(3) Written expression;

(4) Basic reading skills;

(5) Reading fluency skills;

(6) Reading comprehension;

(7) Mathematical calculations; or

(8) Mathematical problem solving.

b. The child does not make sufficient progress to meet age or Virginia-approved grade-level standards in one or more of the areas identified in subdivision 2 a of this subsection when using a process based on the child's response to scientific, research-based intervention; or the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, Virginia-approved grade-level standards, or intellectual development, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with 8VAC20-81-70.

c. The group determines that its findings under subdivisions 2 a and b of this subsection are not primarily the result of:

(1) A visual, hearing, or motor impairment;

(2) Intellectual disability;

(3) Emotional disability;

(4) Environmental, cultural, or economic disadvantage; or

(5) Limited English proficiency.

  1. The Virginia Department of Education does not require the use of a severe discrepancy between intellectual ability and achievement for determining whether a child has a specific learning disability. (34 CFR 300.307(a))

U. Eligibility as a child with speech or language impairment.

  1. The group may determine that a child has a speech or language impairment if:

a. The definition of "speech or language impairment" is met in accordance with 8VAC20-81-10;

b. There is an adverse effect on the child's educational performance due to one or more documented characteristics of speech or language impairment;

c. The child has a significant discrepancy from typical communication skills in one or more of the following areas: fluency, impaired articulation, expressive or receptive language impairment, or voice impairment; and

d. Information from instruments that are culturally and linguistically appropriate, including standardized and criterion-referenced measures, shall be used in conjunction with information from classroom observations to determine the severity of the communication impairment.

  1. Children shall not be identified as children having a speech or language impairment if the area of concern is primarily the result of sociocultural dialect, delays/differences associated with acquisition of English as a second language, or within the purview of established norms for articulation and language development.

  2. Speech language pathology services may be special education or a related service.

V. Eligibility as a child with a traumatic brain injury. The group may determine that a child has a traumatic brain injury if:

  1. The definition of "traumatic brain injury" is met in accordance with 8VAC20-81-10; and

  2. There is an adverse effect on the child's educational performance due to one or more documented characteristics of traumatic brain injury.

W. Eligibility as a child with a visual impairment.

  1. The group may determine that a child has a visual impairment if:

a. The definition of "visual impairment" is met in accordance with 8VAC20-81-10;

b. There is an adverse effect on the child's educational performance due to one or more documented characteristics of visual impairment; and

c. The child:

(1) Demonstrates the characteristics of blindness or visual impairment, as outlined in subdivisions 2 and 3 of this subsection; or

(2) Has any of the conditions including, but not limited to oculomotor apraxia, cortical visual impairment, and/or a progressive loss of vision, which may in the future, have an adverse effect on educational performance, or a functional vision loss where field and acuity deficits alone may not meet the aforementioned criteria.

  1. A child with blindness demonstrates the following:

a. Visual acuity in the better eye with best possible correction of 20/200 or less at distance or near; or

b. Visual field restriction in the better eye of remaining visual field of 20 degrees or less.

  1. A child with a visual impairment demonstrates the following:

a. Visual acuity better than 20/200 but worse than 20/70 at distance and/or near; or

b. Visual field restriction in the better eye of remaining visual field of 70 degrees or less but better than 20 degrees.

X. Children found not eligible for special education.

  1. Information relevant to instruction for a child found not eligible for special education shall be provided to the child's teachers or any appropriate committee. Parental consent to release information shall be secured for children who are placed by their parents in private schools that are not located in the local educational agency of the parent's residence. (34 CFR 300.622)

  2. If the school division decides that a child is not eligible for special education and related services, prior written notice, in accordance with 8VAC20-81-170 shall be given to the parent(s) including the parent(s) right to appeal the decision through the due process hearing procedures. (34 CFR 300.503; 34 CFR 300.507)

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; Errata, 26:4 VA.R. 447-448 October 26, 2009; amended, Virginia Register Volume 26, Issue 8, eff. January 25, 2010.
8VAC20-81-90 Termination of special education and related services

A. Termination of a child's eligibility for special education and related services shall be determined by an eligibility group.

  1. Termination of special education services occurs if the eligibility group determines that the child is no longer a child with a disability who needs special education and related service.

  2. The local educational agency shall evaluate a child with a disability in accordance with 8VAC20-81-70 before determining that the child is no longer a child with a disability under this chapter.

  3. Evaluation is not required before the termination of eligibility due to graduation with a standard or advanced studies high school diploma or reaching the age of 22. (34 CFR 300.305(e))

B. The IEP team shall terminate the child's eligibility for a related service without determining that the child is no longer a child with a disability who is eligible for special education and related services. The IEP team shall make this determination based on the current data in the child's education record, or by evaluating the child in accordance with 8VAC20-81-70.

C. Written parental consent shall be required prior to any partial or complete termination of services.

D. Prior to any partial or complete termination of special education and related services, the local educational agency shall comply with the prior written notice requirements of 8VAC20-81-170 C.

E. If the parent(s) revokes consent in writing for the child to continue to receive special education and related services, the local educational agency shall follow the procedures in 8VAC20-81-170 E 3 a to terminate the child's receipt of special education and related services. (34 CFR 300.9 and 34 CFR 300.300(b)(4))

F. Summary of academic achievement and functional performance. (34 CFR 300.305(e)(3))

  1. For a child whose eligibility terminates due to graduation with a standard or advanced studies high school diploma or reaching the age of 22, the local educational agency shall provide the child with a summary of the student's academic achievement and functional performance, which shall include recommendations on how to assist the student in meeting the student's postsecondary goals.

  2. If a child exits school without graduating with a standard or advanced studies high school diploma or reaching the age of 22, including if the child passes a high school equivalency examination approved by the Board of Education or receives an alternative diploma option, the local educational agency may provide the child with a summary of academic achievement and functional performance when the child exits school. However, if the child resumes receipt of educational services prior to exceeding the age of eligibility, the local educational agency shall provide the child with an updated summary when the child exits, or when the child's eligibility terminates due to graduation with a standard or advanced studies high school diploma or reaching the age of 22.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; amended, Virginia Register Volume 26, Issue 8, eff. January 25, 2010; Volume 31, Issue 22, eff. July 29, 2015.
8VAC20-81-100 Free appropriate public education

A. Age of eligibility.

  1. A free appropriate public education shall be available to all children with disabilities who need special education and related services, aged two to 21, inclusive, who meet the definition of "age of eligibility" as outlined in 8VAC20-81-10 and who reside within the jurisdiction of each local educational agency. This includes children with disabilities who are in need of special education and related services even though they have not failed or been retained in a course or grade and are advancing from grade to grade, and students who have been suspended or expelled from school in accordance with the provisions of 8VAC20-81-160. The Virginia Department of Education has a goal of providing full educational opportunity to all children with disabilities aged birth through 21, inclusive, by 2015. (§ 22.1-213 of the Code of Virginia; 34 CFR 300.101 and 34 CFR 300.109)

a. The services provided to the child under this chapter shall address all of the child's identified special education and related services needs.

b. The services and placement needed by each child with a disability to receive a free appropriate public education shall be based on the child's unique needs and not on the child's disability.

  1. Exceptions. The obligation to make a free appropriate public education to all children with disabilities does not apply to: (34 CFR 300.102(a))

a. Children with disabilities who have graduated from high school with a standard or advanced studies high school diploma. This exception does not apply to age-eligible students who have graduated but have not been awarded a standard or advanced studies high school diploma, or to those students who have passed a high school equivalency examination approved by the Board of Education.

b. Children with disabilities, aged 18 to 21, inclusive, who, if in their last educational placement prior to their incarceration in an adult correctional facility, were not identified as being a child with a disability and did not have an IEP. This exception does not apply to children with disabilities, aged 18 to 21, inclusive, who had been identified as children with disabilities and had received services in accordance with their IEPs, but who left school prior to their incarceration or did not have IEPs in their last educational setting but who had actually been identified as children with disabilities under this chapter.

c. Children with disabilities who are eligible under IDEA Part B, Subpart H, but who receive early intervention services under IDEA Part C.

B. A free appropriate public education shall be available to children with disabilities who reside within a school division but do not hold a valid U.S. citizenship or a student visa.

C. Program options. Each local school division shall take steps to ensure that its children with disabilities have available to them the variety of educational programs and services available to children without disabilities in the area served by the local educational agency, including art, music, industrial arts, consumer and homemaking education, and vocational education. (34 CFR 300.110)

D. Residential placement. If placement in a public or private residential program is necessary to provide special education and related services to a child with a disability, the program, including nonmedical care and room and board, shall be at no cost to the parents of the child. (34 CFR 300.104)

E. Assistive technology devices. (34 CFR 300.34(b) and 34 CFR 300.113)

  1. Each local educational agency shall ensure that the following are functioning properly, including completing routine checks:

a. Hearing aids worn in school by children with hearing impairments, including deafness; and

b. The external components of surgically implanted devices.

  1. A local educational agency is not responsible for the postsurgical maintenance, programming, or replacement of a medical device that has been surgically implanted (or of an external component of the surgically implanted medical device).

F. Availability of assistive technology. (34 CFR 300.105)

  1. Each local educational agency shall ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in 8VAC20-81-10, are made available to a child with a disability if required as part of the child's:

a. Special education;

b. Related services; or

c. Supplementary aids and services.

  1. On a case-by-case basis, the use of school-purchased or leased assistive technology devices in a child's home or in other settings is required if the child's IEP team determines that the child needs access to those devices in order to receive a free appropriate public education.

  2. Local educational agencies are not required to provide personal devices, including eyeglasses or hearing aids that the child requires, regardless of whether the child is attending school, unless the IEP team determines that the device is necessary for the child to receive FAPE.

G. Transportation. (§ 22.1-221 of the Code of Virginia; 34 CFR 300.107)

  1. Each child with a disability, aged two to 21, inclusive, placed in an education program, including private special education day or residential placements, by the local school division shall be entitled to transportation to and from such program at no cost if such transportation is necessary to enable such child to benefit from educational programs and opportunities. Children with disabilities and children without disabilities shall share the same transportation unless a child's IEP requires specialized transportation.

  2. If the IEP team determines that a child with a disability requires accommodations or modifications to participate in transportation, the accommodations or modifications shall be provided in the least restrictive environment. Transportation personnel may be on the IEP team or be consulted before any modifications or accommodations are written into the student's IEP to ensure that the modifications and accommodations do not violate any state or federal standard or any nationally recognized safety practices.

  3. A local educational agency shall ensure that a child with a disability is provided a commute to and from an education program that is comparable in length to the commute provided to children without disabilities, unless the child's IEP team determines that a longer or shorter commute is necessary to ensure the child receives a free appropriate public education.

  4. If a local educational agency enters an agreement with another local educational agency for the provision of special education or related services for a child with a disability, such child shall be transported to and from such program at no cost to the parent(s).

  5. If a child with a disability is placed in the Virginia School for the Deaf and the Blind at Staunton, the Virginia school shall be responsible for the provision of transportation services. When such children are educated as day students, the local school division shall be responsible for the provision of transportation services to and from school.

H. Nonacademic and extracurricular services and activities. (34 CFR 300.107 and 34 CFR 300.117)

  1. Each local educational agency shall take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child's IEP team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities. (See also 8VAC20-81-130 A 2)

  2. Nonacademic and extracurricular services and activities may include but not be limited to counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the local educational agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the local educational agency and assistance in making outside employment available.

I. Physical education. (34 CFR 300.108)

  1. General. Physical education services, specially designed if necessary, shall be made available to every child with a disability receiving a free appropriate public education, unless the local educational agency enrolls children without disabilities and does not provide physical education to children without disabilities in the same grade.

  2. Regular physical education. Each child with a disability shall be afforded the opportunity to participate in the regular physical education program available to children without disabilities, unless:

a. The child is enrolled full time in a separate facility; or

b. The child needs specially designed physical education, as prescribed in the child's IEP that cannot be provided in the regular physical education program.

  1. Special physical education. If specially designed physical education is prescribed in a child's IEP, the local educational agency responsible for the education of that child shall provide the services directly or make arrangements for those services to be provided through other public or private programs.

  2. Education in separate facilities. The local educational agency responsible for the education of a child with a disability who is enrolled in a separate facility shall ensure that the child receives appropriate physical education services in compliance with this subsection.

J. Extended school year services. (34 CFR 300.106)

  1. Each local educational agency shall ensure that extended school year services, including transportation to and from such services, are available as necessary to provide a free appropriate public education consistent with subdivision 2 of this subsection.

  2. Extended school year services shall be provided only if a child's IEP team determines on an individual basis in accordance with this chapter that the services are necessary for the provision of a free appropriate public education to the child, because the benefits a child with a disability gains during the regular school year will be significantly jeopardized if extended school year services are not provided.

  3. In implementing the requirements of this section, a local educational agency may not:

a. Limit extended school year services to particular categories of disability;

b. Unilaterally limit the type, amount, or duration of those services; or

c. Limit the provision of extended school year services to only the summer.

K. Children with disabilities in public charter schools. (34 CFR 300.209)

  1. Children with disabilities who attend charter schools shall be served by the local school division in the same manner as children with disabilities in its other schools, including the provision of supplementary and related services on site at the charter school to the same extent to which the local educational agency provides such services on the site to its other public schools.

  2. The local school division shall ensure that all requirements of this chapter are met.

L. Length of school day. School-aged students with disabilities shall be provided a school day comparable in length to the day provided to school-aged students without disabilities unless their IEP specifies otherwise. For preschool-aged children with disabilities, the IEP team determines the length of the school day.

M. Methods and payments. (34 CFR 300.103)

  1. The Virginia Department of Education may use whatever state, local, federal, and private sources of support that are available to meet the requirements of this part.

  2. Nothing in this part relieves an insurer or similar third party from an otherwise valid obligation to provide or to pay for services provided to a child with a disability.

  3. The Virginia Department of Education will ensure that there is no delay in implementing a child's IEP, including any case in which the payment source for providing or paying for special education and related services to the child is being determined.

N. Disability harassment. Each local educational agency shall have in effect policies that prohibit harassment to children with disabilities. (28 CFR 35.149 and 34 CFR 104.4)

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; amended, Virginia Register Volume 31, Issue 22, eff. July 29, 2015.
8VAC20-81-110 Individualized education program

A. Responsibility. The local educational agency shall ensure that an IEP is developed and implemented for each child with a disability served by that local educational agency, including a child placed in a private special education school by: (34 CFR 300.112)

  1. A local school division; or

  2. A noneducational placement by a Children's Services Act team that includes the school division. The local school division's responsibility is limited to special education and related services.

B. Accountability.

  1. At the beginning of each school year, each local educational agency shall have an IEP in effect for each child with a disability within its jurisdiction, with the exception of children placed in a private school by parents when a free appropriate public education is not at issue. (34 CFR 300.323(a))

  2. Each local educational agency shall ensure that an IEP: (34 CFR 300.323(c))

a. Is in effect before special education and related services are provided to an eligible child;

b. Is developed within 30 calendar days of the date of the initial determination that the child needs special education and related services;

c. Is developed within 30 calendar days of the date the eligibility group determines that the child remains eligible for special education and related services following reevaluation, if the IEP team determines that changes are needed to the child's IEP, or if the parent requests it; and

d. Is implemented as soon as possible following parental consent to the IEP.

  1. Each local educational agency shall ensure that: (34 CFR 300.323(d))

a. The child's IEP is accessible to each regular education teacher, special education teacher, related service provider, and other service provider who is responsible for its implementation; and

b. Teachers and providers are informed of:

(1) Their specific responsibilities related to implementing the child's IEP; and

(2) The specific accommodations, modifications, and supports that shall be provided for the child in accordance with the IEP.

  1. Each local educational agency is responsible for initiating and conducting meetings to develop, review, and revise the IEP of a child with a disability.

  2. Each local educational agency shall ensure that the IEP team reviews the child's IEP periodically, but not less than annually, to determine whether the annual goals are being achieved and to revise its provisions, as appropriate, to address: (34 CFR 300.324(b))

a. Any lack of expected progress toward the annual goals and in the general curriculum, if appropriate;

b. The results of any reevaluation conducted under this chapter;

c. Information about the child provided to or by the parent;

d. The child's anticipated needs; or

e. Other matters.

  1. Each local educational agency shall provide special education and related services to a child with a disability in accordance with the child's IEP. (34 CFR 300.323(c)(2))

  2. Nothing in this section limits a parent's right to ask for revisions of the child's IEP if the parent feels that the efforts required by this chapter are not being met.

  3. To the extent possible, the local educational agency shall encourage the consolidation of reevaluation and IEP team meetings for the child. (34 CFR 300.324(a)(5))

  4. In making changes to a child's IEP after the annual IEP team meeting for the school year, the parent and the local educational agency may agree not to convene an IEP team meeting for the purposes of making those changes and instead may develop a written document to amend or modify the child's current IEP. (34 CFR 300.324(a)(4) and (6))

a. If changes are made to the child's IEP, the local educational agency shall ensure that the child's IEP team is informed of those changes.

b. Upon request, a parent shall be provided with a revised copy of the IEP with the amendments incorporated.

c. This meeting is not a substitute for the required annual IEP meeting.

C. IEP team.

  1. General. The local educational agency shall ensure that the IEP team for each child with a disability includes: (34 CFR 300.321(a), (c) and (d))

a. The parent of the child;

b. Not less than one regular education teacher of the child (if the child is or may be participating in the regular educational environment);

c. Not less than one special education teacher of the child or, if appropriate, not less than one special education provider of the child. For a child whose only disability is speech-language impairment, the special education provider shall be the speech-language pathologist;

d. A representative of the local educational agency who is:

(1) Qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of children with disabilities;

(2) Knowledgeable about the general education curriculum; and

(3) Knowledgeable about the availability of resources of the local education agency. A local educational agency may designate another member of the IEP team to serve simultaneously as the agency representative if the individual meets the criteria in this subdivision;

e. An individual who can interpret the instructional implications of evaluation results. This individual may be a member of the team serving in another capacity, other than the parent of the child;

f. At the discretion of the parent or local educational agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel, as appropriate. The determination of knowledge or special expertise of any individual shall be made by the party (parent or local educational agency) who invited the individual to be a member of the team; and

g. Whenever appropriate, the child.

  1. The local educational agency determines the school personnel to fill the roles of the required IEP team members in subdivisions 1 b through 1 e of this subsection.

  2. Secondary transition service participants. (34 CFR 300.321(b))

a. The local educational agency shall invite a student with a disability of any age to attend the student's IEP meeting if a purpose of the meeting will be the consideration of:

(1) The student's postsecondary goals;

(2) The needed transition services for the student; or

(3) Both.

b. If the student does not attend the IEP meeting, the local educational agency shall take other steps to ensure that the student's preferences and interests are considered.

c. To the extent appropriate and with the consent of the parent or a child who has reached the age of majority, the local educational agency shall invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services. If an agency invited to send a representative to a meeting does not do so, the local educational agency shall take other steps to obtain the participation of the other agency in the planning of any transition services.

  1. Part C transition participants. In the case of a child who was previously served under Part C of the Act, the local educational agency shall, at the parent's request, invite the Part C service coordinator or other representatives of the Part C system to the initial IEP meeting to assist with the smooth transition of services. (34 CFR 300.321(f))

D. IEP team attendance. (34 CFR 300.321(e))

  1. A required member of the IEP team described in subdivisions C 1 b through C 1 e of this section is not required to attend an IEP team meeting, in whole or in part, if the parent and the local educational agency agree, in writing, that the attendance of this member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting.

  2. A required member of the IEP team may be excused from attending the IEP team meeting, in whole or in part, when the meeting involves a modification to or discussion of the member's area of curriculum or related services, if:

a. The parent and the local educational agency consent in writing to the excusal; and

b. The member submits, in writing, to the parent and the IEP team input into the development of the IEP prior to the meeting.

E. Parent participation.

  1. Each local educational agency shall take steps to ensure that one or both of the parents of the child with a disability are present at each IEP meeting or are afforded the opportunity to participate, including: (34 CFR 300.322(a))

a. Notifying the parent of the meeting early enough to ensure that they will have an opportunity to attend; and

b. Scheduling the meeting at a mutually agreed on time and place.

  1. Notice. (34 CFR 300.322(b))

a. General notice. The notice given to the parent:

(1) May be in writing or given by telephone or in person with proper documentation;

(2) Shall indicate the purpose, date, time, and location of the meeting, and who will be in attendance; and

(3) Shall inform the parent of the provisions relating to the participation of other individuals on the IEP team who have knowledge or special expertise about the child under subdivision C 1 f of this section.

b. Additional notice requirements are provided if transition services are under consideration.

(1) For Part C transition, the notice shall inform the parents of the provisions relating to the participation of the Part C service coordinator or other representative of the Part C system under subdivision C 4 of this section.

(2) For secondary transition, the notice shall also:

(a) Indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child;

(b) Indicate that the local educational agency will invite the student; and

(c) Identify any other agency that will be invited to send a representative.

  1. If neither parent can attend, the local educational agency shall use other methods to ensure parent participation, including individual or conference telephone calls and audio conferences. If the local educational agency uses an alternative means of meeting participation that results in additional costs, the local educational agency is responsible for those costs. (34 CFR 300.322(c))

  2. A meeting may be conducted without a parent in attendance if the local educational agency is unable to convince the parent that they should attend. In this case, the local educational agency shall have a record of the attempts to arrange a mutually agreed on time and place, such as: (34 CFR 300.322(d))

a. Detailed records of telephone calls made or attempted and the results of those calls;

b. Copies of correspondence (written, electronic, or facsimile) sent to the parent and any responses received; or

c. Detailed records of visits made to the parent's home or place of employment and the results of those visits.

  1. The local educational agency shall take whatever action is necessary to ensure that the parent understands the proceedings at the IEP meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English. (34 CFR 300.322(e))

  2. At the IEP meeting, the IEP team shall provide the parent of a child with a disability with a written description of the factors in subdivisions F 1 and F 2 of this section that will be considered during the IEP meeting. The description shall be written in language understandable by the general public and provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.

  3. The local educational agency shall give the parent a copy of the child's IEP at no cost to the parent at the IEP meeting, or within a reasonable period of time after the IEP meeting, not to exceed 10 calendar days. (34 CFR 300.322(f))

  4. If the local educational agency elects to use a draft version of an IEP in any IEP team meeting, such draft shall be developed and a copy shall be provided to the parent at least two business days in advance of the IEP meeting.

F. Development, review, and revision of the IEP. (34 CFR 300.324(a))

  1. In developing each child's IEP, the IEP team shall consider:

a. The strengths of the child;

b. The concerns of the parent for enhancing the education of the child;

c. The results of the initial or most recent evaluation of the child; and

d. The academic, developmental, and functional needs of the child.

  1. The IEP team also shall: (34 CFR 300.324(a))

a. In the case of a child whose behavior impedes the child's learning or that of others, consider the use of positive behavioral interventions, strategies, and supports to address the behavior;

b. In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child's IEP;

c. In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP team determines after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media, including an evaluation of the child's future needs for instruction in Braille or the use of Braille, that instruction in Braille or the use of Braille is not appropriate for the child;

d. Consider the communication needs of the child;

e. Consider the child's needs for benchmarks or short-term objectives;

f. In the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode; and

g. Consider whether the child requires assistive technology devices and services.

  1. If, in considering the special factors, the IEP team determines that a child needs a particular device or service, including an intervention, accommodation, or other program modification in order for the child to receive a free appropriate public education, the IEP team shall include a statement to that effect in the child's IEP. (34 CFR 300.324(b)(2))

  2. The regular education teacher of a child with a disability, as a member of the IEP team, shall participate, to the extent appropriate, in the development, review, and revision of the child's IEP, including assisting in the determination of: (34 CFR 300.324(a)(3))

a. Appropriate positive behavioral interventions and supports and other strategies for the child; and

b. Supplementary aids and services, accommodations, program modifications, or supports for school personnel that will be provided for the child.

  1. Nothing in this section shall be construed to require: (34 CFR 300.320(d))

a. The IEP team to include information under one component of a child's IEP that is already contained under another component of the child's IEP; or

b. That additional information be included in the child's IEP beyond what is explicitly required in this chapter.

  1. The IEP team shall consider all factors identified under a free appropriate public education in 8VAC20-81-100, as appropriate, and work toward consensus. If the IEP team cannot reach consensus, the local educational agency shall provide the parent with prior written notice of the local educational agency's proposals or refusals or both regarding the child's educational placement or provision of a free appropriate public education in accordance with 8VAC20-81-170 C.

G. Content of the individualized education program. The IEP for each child with a disability shall include:

  1. A statement of the child's present levels of academic achievement and functional performance, including how the child's disability affects the child's involvement and progress in the general curriculum or, for preschool children, as appropriate, how the disability affects the child's participation in appropriate activities. (34 CFR 300.320(a)(1))

a. The statement shall be written in objective measurable terms, to the extent possible. Test scores, if appropriate, shall be self-explanatory or an explanation shall be included.

b. The present level of performance shall directly relate to the other components of the IEP.

  1. A statement of measurable annual goals, including academic and functional goals designed to: (34 CFR 300.320(a)(2))

a. Meet the child's needs that result from the child's disability to enable the child to be involved in and progress in the general curriculum, or for preschool children, as appropriate, to participate in appropriate activities; and

b. Meet each of the child's other educational needs that result from the child's disability.

  1. If determined appropriate by the IEP team, as outlined in subdivision F 2 of this section, a description of benchmarks or short-term objectives. For children with disabilities who take alternate assessments aligned to alternate achievement standards, the IEP shall include a description of benchmarks or short-term objectives. (34 CFR 300.320(a)(2))

The IEP team shall document its consideration of the inclusion in the child's IEP of benchmarks or short-term objectives.

  1. A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided for the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child: (34 CFR 300.320(a)(4))

a. To advance appropriately toward attaining the annual goals;

b. To be involved and progress in the general curriculum and to participate in extracurricular and other nonacademic activities; and

c. To be educated and participate with other children with disabilities and children without disabilities in the activities described in this section.

  1. An explanation of the extent, if any, to which the child will not participate with children without disabilities in the regular class and in the activities described in this section. (34 CFR 300.320(a)(5))

  2. The following information concerning state and divisionwide assessments shall be included: (34 CFR 300.320(a)(6))

a. A statement of any individual appropriate accommodations or modifications that are necessary to measure the child's academic achievement and functional performance, in accordance with the guidelines approved by the Board of Education, in the administration of state assessments of student achievement that are needed in order for the child to participate in the assessment;

b. If the IEP team determines that the child must take an alternate assessment instead of a particular state assessment of student achievement (or part of an assessment), a statement of:

(1) Why the child cannot participate in the regular assessment;

(2) Why the particular assessment selected is appropriate for the child, including that the child meets the criteria for the alternate assessment; and

(3) How the child's nonparticipation in the assessment will impact the child's promotion; graduation with a modified standard, standard, or advanced studies diploma; or other matters;

c. A statement that the child shall participate in either a state assessment for all children that is part of the state assessment program or the state's alternate assessment;

d. A statement of any individual appropriate accommodations or modifications approved for use in the administration of divisionwide assessments of student achievement that are needed in order for the child to participate in the assessment; and

e. If the IEP team determines that the child must take an alternate assessment instead of a particular divisionwide assessment of student achievement (or part of an assessment), a statement of:

(1) Why the child cannot participate in the regular assessment;

(2) Why the particular alternate assessment selected is appropriate for the child; and

(3) How the child's nonparticipation in the assessment will impact the child's courses; promotion; graduation with a modified standard, standard, or advanced studies diploma; or other matters.

  1. The projected dates (month, day, and year) for the beginning of the services and modifications and the anticipated frequency, location, and duration of those services and modifications. (34 CFR 300.320(a)(7))

  2. A statement of: (34 CFR 300.320(a)(3))

a. How the child's progress toward the annual goals will be measured; and

b. When periodic reports on the progress the child is making toward meeting the annual goals will be provided; for example, through the use of quarterly or other periodic reports, concurrent with the issuance of report cards, and at least as often as parents are informed of the progress of children without disabilities.

  1. Initial transition services. (34 CFR 300.101(b) and 34 CFR 300.323(b))

a. In the case of a preschool-age child with a disability, two (on or before September 30) through five years of age (on or before September 30), whose parent elects to receive services under Part B of the Act, the local educational agency shall develop an IEP.

b. The IEP team shall consider an IFSP that contains the IFSP content described under Part C of the Act (§ 1431 et seq.), including:

(1) A statement regarding natural environments; and

(2) A component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills.

c. These components of the child's IFSP may be incorporated into the child's IEP.

  1. Secondary transition services. (34 CFR 300.43 and 34 CFR 300.320(b))

a. Prior to the child entering secondary school but not later than the first IEP to be in effect when the child turns 14 years of age, or younger if determined appropriate by the IEP team, and updated annually thereafter, the IEP shall include age-appropriate:

(1) Measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills; and

(2) Transition services, including courses of study, needed to assist the child in reaching those goals. Transition services shall be based on the individual child's needs, taking into account the child's strengths, preferences, and interests.

b. Beginning not later than the first IEP to be in effect when the child turns 16 years of age, or younger if determined appropriate by the IEP team, and updated annually, in addition to the requirements of subdivision 10 a of this subsection, the IEP shall also include a statement, if appropriate, of interagency responsibilities or any linkages.

c. For a child pursuing a modified standard diploma, the IEP team shall consider the child's need for occupational readiness upon school completion, including consideration of courses to prepare the child as a career and technical education program completer.

  1. Beginning at least one year before a student reaches the age of majority, the student's IEP shall include a statement that the student and parent have been informed of the rights under this chapter, if any, that will transfer to the student on reaching the age of majority. (34 CFR 300.320(c))

H. Agency responsibilities for secondary transition services. (34 CFR 300.324(c))

  1. If a participating agency other than the local educational agency fails to provide the transition services described in the IEP of a student with a disability, the local educational agency shall reconvene the IEP team to identify alternative strategies to meet the transition objectives for the student set out in the IEP.

  2. Nothing in this part relieves any participating agency, including a state vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency.

I. Additional requirements for eligible students with disabilities in state, regional, or local adult or juvenile correctional facilities. (34 CFR 300.324(d) and 34 CFR 300.102(a)(2); Virginia Standards of Accreditation (8VAC20-132))

  1. A representative of the state from a state, regional, or local adult or juvenile correctional facility may participate as a member of the IEP team.

  2. All requirements regarding IEP development, review, and revision in this section apply to students with disabilities in state, regional, or local adult or juvenile correctional facilities, including assessment requirements to graduate with a modified standard, standard, or advanced studies diploma. The requirements related to least restrictive environment in 8VAC20-81-130 do not apply.

  3. The following additional exceptions to subdivision 2 of this subsection apply only to students with disabilities who are convicted as an adult under state law and incarcerated in adult prisons:

a. The IEP team may modify the student's IEP or placement if the state has demonstrated to the IEP team a bona fide security or compelling penological interest that cannot be otherwise accommodated.

b. IEP requirements regarding participation in state assessments, including alternate assessments, do not apply.

c. IEP requirements regarding transition planning and transition services do not apply to students whose eligibility for special education and related services will end because of their age before they will be eligible for release from the correctional facility based on consideration of their sentence and eligibility for early release.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; amended, Virginia Register Volume 38, Issue 5, eff. November 24, 2021; Volume 41, Issue 12, eff. March 13, 2025; Volume 41, Issue 19, eff. June 4, 2025; Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-81-120 Children who transfer

A. Children with disabilities who transfer between local educational agencies in Virginia or transfer from a local educational agency outside of Virginia to a local educational agency in Virginia within the same school year are subject to the following provisions. (34 CFR 300.323(e), (f), and (g))

  1. The new local educational agency shall take reasonable steps to obtain the child's records, including the IEP and supporting documents and any other records relating to the provision of special education and related services to the child, from the previous local educational agency in which the child was enrolled. The previous local educational agency shall take reasonable steps to promptly respond to the request from the new local educational agency.

a. If the previous local educational agency is not forthcoming in providing the records for the child, the new local educational agency should contact the Virginia Department of Education for assistance in resolving the matter.

b. If the new local educational agency is unable to obtain the IEP from the previous local educational agency or from the parent, the new local educational agency is not required to provide special education and related services to the child. The new local educational agency shall place the student in a general educational program and conduct an evaluation if the new local educational agency determines that an evaluation is necessary.

  1. The new local educational agency shall provide a free appropriate public education to the child, including ensuring that the child has available special education and related services, in consultation with the parent, including services comparable to those described in the child's IEP from the previous local educational agency, until the new local educational agency either:

a. Adopts and implements the child's IEP from the previous local educational agency with the parent's consent; or

b. Conducts an evaluation, if determined necessary by the local educational agency, and develops and implements a new IEP with the parent's consent that meets the requirements in this chapter.

  1. The new local educational agency may develop and implement an interim IEP with the parent's consent while obtaining and reviewing whatever information is needed to develop a new IEP.

  2. If the parent and the local educational agency are unable to agree on interim services or a new IEP, the parent or local educational agency may initiate the dispute resolution options of mediation or due process to resolve the dispute. During the resolution of the dispute, the local educational agency shall provide FAPE in consultation with the parent, including services comparable to those described in the child's IEP from the previous local educational agency.

B. The new local educational agency shall provide the parent with proper notice regarding actions taken to provide the child with a free appropriate public education.

C. If the local educational agency determines it necessary to conduct an evaluation of the child, the local educational agency shall provide proper notice, initiate evaluation procedures, conduct the evaluation, determine eligibility, and develop an IEP in accordance with this chapter.

  1. During the evaluation period, the child shall receive services in accordance with the existing IEP, excluding the sections of the IEP that are not in accordance with this chapter.

  2. The local educational agency shall inform the parent of the sections of the existing IEP that are not in accordance with this chapter.

D. When a child with a disability who was placed in a private residential school under the Children's Services Act transfers to a new local educational agency and the child is receiving special education services, the former CPMT is responsible for providing written notification of the change of residence with appropriate documentation (i.e., IEP/IFSP and other FAPT/MDT documents) to the new CPMT and funding educational services until the student no longer resides within the former CPMT's jurisdiction. The new CPMT is responsible for notifying its LEA that a student has transferred into its locality and funding educational services once the student resides within the new school division. The new LEA is responsible for reviewing the current IEP/IFSP services and adopting or revising and implementing the IEP within 30 calendar days of receipt of written notification of the child's transfer. The former Children's Services Act team is responsible for paying for the non-special education services until 30 calendar days after the new Children's Services Act team receives written notification of the child's residence in the new local educational agency from the former Children's Services Act team. (State Executive Council for Children's Services Policy 4.2)

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; amended, Virginia Register Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-81-130 Least restrictive environment and placements

A. General least restrictive environment requirements.

  1. Each local educational agency shall ensure: (34 CFR 300.114)

a. That to the maximum extent appropriate, children with disabilities, two to 21 years of age, inclusive, including those in public or private institutions or other care facilities, are educated with children without disabilities; and

b. That special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

  1. In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and other nonacademic and extracurricular services and activities provided for children without disabilities, each local educational agency shall ensure that each child with a disability participates with children without disabilities in those services and activities to the maximum extent appropriate to the needs of the child with a disability. The local educational agency shall ensure that each child with a disability has the supplementary aids and services determined by the child's IEP team to be appropriate and necessary for the child to participate in nonacademic settings. (See also 8VAC20-81-100 H.) (34 CFR 300.117)

  2. For children placed by local school divisions in public or private institutions or other care facilities, the local educational agency shall, if necessary, make arrangements with public and private institutions to ensure that requirements for least restrictive environment are met. (See also 8VAC20-81-150.) (34 CFR 300.114 and 34 CFR 300.118)

B. Continuum of alternative placements. (§ 22.1-213 of the Code of Virginia; 34 CFR 300.115)

  1. Each local educational agency shall ensure that a continuum of alternative placements is available to meet the needs of children with disabilities, two to 21 years of age, inclusive, for special education and related services.

  2. The continuum shall:

a. Include the alternative placements listed in the term "special education" at 8VAC20-81-10, including instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions; and

b. Make provision for supplementary services (e.g., resource room or services or itinerant instruction) to be provided in conjunction with regular education class placement. The continuum includes integrated service delivery, which occurs when some or all goals, including benchmarks and objectives if required, of the student's IEP are met in the general education setting with age-appropriate peers.

  1. No single model for the delivery of services to any specific population or category of children with disabilities is acceptable for meeting the requirement for a continuum of alternative placements. All placement decisions shall be based on the individual needs of each child.

  2. Local educational agencies shall document all alternatives considered and the rationale for choosing the selected placement.

  3. Children with disabilities shall be served in a program with age-appropriate peers unless it can be shown that for a particular child with a disability, the alternative placement is appropriate as documented by the IEP.

C. Placements. (Virginia Standards of Accreditation (8VAC20-132); 34 CFR 300.116)

  1. In determining the educational placement of a child with a disability, including a preschool child with a disability, each local educational agency shall ensure that:

a. The placement decision is made by the IEP team in conformity with the least restrictive environment provisions of this chapter.

b. The child's placement is:

(1) Determined at least annually;

(2) Based on the child's IEP; and

(3) As close as possible to the child's home.

c. Unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that the child would attend if a child without a disability.

d. In selecting the least restrictive environment, consideration is given to any potential harmful effect on the child or on the quality of services that the child needs.

e. A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general curriculum.

  1. Home-based instruction shall be made available to children whose IEPs require the delivery of services in the home or other agreed-upon setting.

  2. Homebound instruction shall be made available to children who are confined for periods that would prevent normal school attendance based upon certification of need by a licensed physician or clinical psychologist. For students eligible for special education and related services, the IEP team shall revise the IEP, as appropriate, and determine the delivery of homebound services, including the number of hours of services.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; amended, Virginia Register Volume 41, Issue 19, eff. June 4, 2025.
8VAC20-81-140 Placement of children at the Virginia School for the Deaf and the Blind at Staunton

A. Placements are made by the local school division, in accordance with the administrative policies and procedures of the Virginia School for the Deaf and the Blind at Staunton (Virginia school). The Virginia school shall determine if the student meets the admission criteria of the Virginia school. (§ 22.1-348 of the Code of Virginia)

B. When an eligible child is placed in the Virginia school, the local school division is responsible for ensuring compliance with the requirements of this chapter.

C. For students who are residential students, the Virginia school is responsible for transportation. For students who are day students, the placing local school division is responsible for transportation to and from the school. (§ 22.1-347 C of the Code of Virginia)

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009.
8VAC20-81-150 Private school placement

A. Private school placement by a local school division or Children's Services Act team.

  1. When a child with a disability is placed by a local school division or is placed for noneducational reasons by a Children's Services Act team that includes the school division in a private special education school or facility that is licensed or has a certificate to operate, the local school division is responsible for ensuring compliance with the requirements of this chapter, including participation in state and divisionwide assessments. The local school division shall ensure that the child's IEP team develops an IEP appropriate for the child's needs while the child is in a private school or facility. (34 CFR 300.325(c))

  2. Before a local school division places a child with a disability in a private school or facility that is licensed or has a certificate to operate, the local school division shall initiate and conduct a meeting in accordance with 8VAC20-81-110 to develop an IEP for the child. The local school division shall ensure that a representative of a private school or facility attends the meeting. If the representative cannot attend, the agency shall use other methods to ensure participation by a private school or facility, including individual or conference telephone calls. (34 CFR 300.325(a))

  3. When a child is presently receiving the services of a private school or facility that is licensed or has a certificate to operate, the local school division shall ensure that a representative of the private school or facility attends the IEP meeting. If the representative cannot attend, the local school division shall use other methods to ensure participation by the private school or facility, including individual or conference telephone calls. (34 CFR 300.325(a)(2))

  4. After a child with a disability enters a private school or facility that is licensed or has a certificate to operate, any meetings to review and revise the child's IEP may be initiated and conducted by the private school or facility at the discretion of the local school division. (34 CFR 300.325(b)(1))

  5. If the private school or facility initiates and conducts these meetings, the local school division shall ensure that the parent and a local school division representative: (34 CFR 300.325(b)(2))

a. Are involved in any decision affecting the child's IEP;

b. Agree to any proposed changes in the program before those changes are implemented; and

c. Are involved in any meetings that are held regarding reevaluation.

  1. If the private school or facility implements a child's IEP, responsibility for compliance with the requirements regarding procedural safeguards, IEPs, assessment, reevaluation, and termination of services remains with the local school division. (34 CFR 300.325(c))

  2. When a child with a disability is placed by a local school division or a Children's Services Act team in a private school or facility that is licensed or has a certificate to operate, all rights and protections under this chapter are extended to the child. (34 CFR 300.101)

  3. If the parent requests a due process hearing to challenge the child's removal from a placement that was made for noneducational reasons by a Children's Services Act team, the child shall remain in the previous IEP placement agreed upon by the parent and the local educational agency prior to placement by the Children's Services Act team. (34 CFR 300.2(c))

  4. When a child with a disability is placed in a private school or facility that is out of state, the placement shall be processed through the Interstate Compact on the Placement of Children in accordance with the Code of Virginia. (§ 22.1-218.1 of the Code of Virginia)

B. Placement of children by parents if a free appropriate public education is at issue.

  1. Local school divisions are not required to pay for the cost of education, including special education and related services, of a child with a disability at a private school or facility if the local school division made a free appropriate public education available to the child and the parent elected to place the child in a private school or facility. (34 CFR 300.148(a))

  2. Disagreements between a parent and a local school division regarding the availability of an appropriate program for the child and the question of financial responsibility are subject to the due process procedures of 8VAC20-81-210. (34 CFR 300.148(b))

  3. If the parent of a child with a disability who previously received special education and related services under the authority of a local school division enrolls the child in a private preschool, elementary, middle, or secondary school without the consent of or referral by the local school division, a court or a special education hearing officer may require the local school division to reimburse the parent for the cost of that enrollment if the court or the special education hearing officer finds that the local school division had not made a free appropriate public education available to the child in a timely manner prior to that enrollment and that the private placement is appropriate. A parental placement may be found to be appropriate by a special education hearing officer or a court even if it does not meet the standards of the Virginia Department of Education that apply to education provided by the Virginia Department of Education and provided by the local school division. (34 CFR 300.148(c))

  4. The cost of reimbursement described in this section may be reduced or denied: (34 CFR 300.148(d))

a. If:

(1) At the most recent IEP meeting that the parent attended prior to removal of the child from the public school, the parent did not inform the IEP team that the parent was rejecting the placement proposed by the local school division to provide a free appropriate public education to the child, including stating concerns and the intent to enroll the child in a private school at public expense; or

(2) At least 10 business days (including any holidays that occur on a business day) prior to the removal of the child from the public school, the parent did not give written notice to the local school division of the information described above;

b. If, prior to the parent's removal of the child from the public school, the local school division informed the parent, through proper notice of its intent to evaluate the child (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parent did not make the child available for the evaluation; or

c. Upon a judicial finding of unreasonableness with respect to actions taken by the parent.

  1. Notwithstanding the above notice requirement, the cost of reimbursement may not be reduced or denied for the parent's failure to provide the notice to the local school division if: (34 CFR 300.148(e))

a. The parent is illiterate or cannot write in English;

b. Compliance with this section would likely result in physical or serious emotional harm to the child;

c. The school prevented the parent from providing the notice; or

d. The parent had not received notice of the notice requirement in this section.

C. Parentally placed private school children with disabilities. The provisions of this section apply to children with disabilities who are enrolled by their parent in private schools.

  1. The following definitions are applicable for purposes of this subsection.

a. The term "private school" includes:

(1) Private, denominational, or parochial schools in accordance with § 22.1-254 of the Code of Virginia that meet the definition of elementary school or secondary school in subdivision 1 of this subsection;

(2) Preschool facilities that meet the definition of elementary school or secondary school in subdivision 1 of this subsection;

(3) Students who are home-tutored in accordance with § 22.1-254 of the Code of Virginia; or

(4) Students who receive home instruction in accordance with § 22.1-254.1 of the Code of Virginia.

b. The term "elementary school" means a nonprofit institutional day or residential school, including a public elementary charter school that provides elementary education, as determined under state law. (34 CFR 300.13)

c. The term "secondary school" means a nonprofit institutional day or residential school, including a public secondary charter school that provides secondary education, as determined under state law, except that it does not include any education beyond grade 12. (34 CFR 300.36)

  1. Child find. (§ 22.1-254.1 of the Code of Virginia; 34 CFR 300.130, 34 CFR 300.131(a) and (b), 34 CFR 300.132(a) and 34 CFR 300.134(a))

a. Each school division shall locate, identify, and evaluate all children with disabilities who are parentally placed in private schools located in the school division. The activities undertaken to carry out this responsibility for these children shall be comparable to activities undertaken for children with disabilities in public schools.

b. Each local school division shall consult with appropriate representatives of the private schools and representatives of parents of parentally placed private school children with disabilities on how to carry out the child find activities in order to conduct thorough and complete child find activities, including:

(1) How parentally placed private school children suspected of having a disability can participate equitably; and

(2) How parents, teachers, and private school officials will be informed of the process.

c. The child find process shall be designed to ensure:

(1) The equitable participation of parentally placed private school children; and

(2) An accurate count of these children.

  1. Services plan. Each local school division shall ensure that a services plan is developed and implemented for each parentally placed private school child with a disability who has been designated to receive special education and related services under this part. (34 CFR 300.132(b))

  2. Expenditures. (34 CFR 300.133)

a. To meet the requirement of the Act, each local school division shall spend the following on providing special education and related services to private school children with disabilities:

(1) For children three to 21 years of age, inclusive, an amount that is the same proportion of the local school division's total subgrant under § 1411 of the Act as the number of private school children with disabilities three to 21 years of age who are enrolled by their parents in private schools located in the school division served by the school division is to the total children with disabilities in its jurisdiction three to 21 years of age; and

(2) For children three to five years of age, inclusive, an amount that is the same proportion of the local school division total subgrant under § 1419 of the Act as the number of privately placed school children with disabilities three to five years of age who are enrolled by their parents in a private school located in the school division served by the school division is to the total number of children with disabilities in its jurisdiction three to five years of age.

(3) If a local school division has not expended for equitable services all of the funds by the end of the fiscal year for which Congress appropriated the funds, the local school division shall obligate the remaining funds for special education and related services, including direct services, to parentally placed private school children with disabilities during a carry-over period of one additional year.

(4) Local educational agencies may supplement, but not supplant, the proportionate share amount of federal funds required to be expended in accordance with this subdivision.

b. In calculating the proportionate amount of federal funds to be provided for parentally placed private school children with disabilities, the local school division, after timely and meaningful consultation with representatives of private schools under this section, shall conduct a thorough and complete child find process to determine the number of parentally placed children with disabilities attending private schools located in the local school division.

c. After timely and meaningful consultation with representatives of parentally placed private school children with disabilities, the local school division shall determine the number of parentally placed private school children with disabilities attending private schools located in the local school division, and ensure that the count is conducted on a date between October 1 and December 1 of each year as determined by the Superintendent of Public Instruction or the superintendent's designee. The child count shall be used to determine the amount that the local school division shall spend on providing special education and related services to parentally placed private school children with disabilities in the next subsequent fiscal year.

d. Expenditures for child find activities, including evaluation and eligibility, described in 8VAC20-81-50 through 8VAC20-81-80, may not be considered in determining whether the local school division has met the expenditure requirements of the Act.

e. Local school divisions are not prohibited from providing services to parentally placed private school children with disabilities in excess of those required by this section.

  1. Consultation.

a. The local school division shall consult with private school representatives and representatives of parents of parentally placed private school children with disabilities during the design and development of special education and related services for the children. This includes: (34 CFR 300.134(a), (c), and (d))

(1) How the process will operate throughout the school year to ensure that parentally placed children with disabilities identified through the child find process can meaningfully participate in special education and related services;

(2) How, where, and by whom special education and related services will be provided for parentally placed private school children with disabilities;

(3) The types of services, including direct services and alternate service delivery mechanisms;

(4) How special education and related services will be apportioned if funds are insufficient to serve all parentally placed private school children; and

(5) How and when those decisions will be made, including how parents, teachers, and private school officials will be informed of the process.

b. If the local school division disagrees with the views of the private school officials on the provision of services or the types of services, whether provided directly or through a contract, the local school division shall provide to the private school officials a written explanation of the reasons why the local school division chose not to provide services directly or through a contract. (34 CFR 300.134(e))

c. Following consultation, the local school division shall obtain a written affirmation signed by the representatives of participating private schools. If the representatives do not provide the affirmation within a reasonable period of time, the local school division shall forward the documentation of the consultation to the Virginia Department of Education. (34 CFR 300.135)

d. A private school official has the right to submit a complaint to the Virginia Department of Education that the local school division: (34 CFR 300.136)

(1) Did not engage in consultation that was meaningful and timely; or

(2) Did not give due consideration to the views of the private school official.

e. The private school official shall provide to the Virginia Department of Education the basis of the noncompliance by the local school division and the appropriate documentation. (34 CFR 300.136)

(1) If the private school official is dissatisfied with the decision of the Virginia Department of Education, the official may submit a complaint to the Secretary of Education, U.S. Department of Education by providing the information related to the noncompliance.

(2) The Virginia Department of Education shall forward the appropriate documentation to the U.S. Secretary of Education.

  1. Equitable services determined. (34 CFR 300.137)

a. No parentally placed private school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school.

b. Decisions about the services that will be provided to the parentally placed private school children with disabilities are made in accordance with the consultation process under subdivision 5 of this subsection and a services plan.

c. The local school division shall make the final decisions with respect to the services to be provided to eligible parentally placed private school children with disabilities.

d. The local school division shall:

(1) Initiate and conduct meetings to develop, review, and revise a services plan for the child; and

(2) Ensure that a representative of the private school attends each meeting. If the representative cannot attend, the local school division shall use other methods to ensure participation by the private school, including individual or conference telephone calls.

  1. Services provided. (34 CFR 300.138 and 34 CFR 300.132(b))

a. The services provided to parentally placed private school children with disabilities shall be provided by personnel meeting the same standards as personnel providing services in the public schools, except that private elementary school and secondary school teachers who are providing equitable services to these children do not have to meet the requirements for highly qualified special education teachers.

b. Parentally placed private school children with disabilities may receive a different amount of services than children with disabilities in public schools.

c. No parentally placed private school child with a disability is entitled to any service or to any amount of a service the child would receive if enrolled in a public school.

d. Services provided in accordance with a services plan.

(1) Each parentally placed private school child with a disability who has been designated to receive services under this subsection shall have a services plan that describes the specific special education and related services that the local school division will provide to the child in light of the services that the local school division has determined it will make available to private school children with disabilities.

(2) The services plan, to the extent appropriate, shall meet the requirements for the content of the IEP with respect to the services provided, and be developed, reviewed, and revised consistent with the requirements of this chapter for IEPs.

e. The services shall be provided:

(1) By employees of a local school division; or

(2) Through contract by the local school division with an individual, association, agency, organization, or other entity.

f. Special education and related services provided to parentally placed private school children with disabilities, including materials and equipment, shall be secular, neutral, and nonideological.

  1. Location of services. Services provided to a private school child with a disability may be provided on site at the child's private school, including a religious school, to the extent consistent with law. (34 CFR 300.139(a))

  2. Transportation. (34 CFR 300.139(b))

a. If necessary for the child to benefit from or participate in the services provided under this part, a parentally placed private school child with a disability shall be provided transportation:

(1) From the child's school or the child's home to a site other than the private school; and

(2) From the service site to the private school or to the child's home depending on the timing of the services.

b. Local school divisions are not required to provide transportation from the child's home to the private school.

c. The cost of the transportation described in this subsection may be included in calculating whether the local school division has met the requirement of this section.

  1. Procedural safeguards, due process, and complaints. (34 CFR 300.140)

a. Due process inapplicable. The procedures relative to procedural safeguards, consent, mediation, due process hearings, attorney fees, and surrogate parents do not apply to complaints that a local school division has failed to meet the requirements of this subsection, including the provision of services indicated on the child's services plan.

b. Due process applicable. The procedures relative to procedural safeguards, consent, mediation, due process hearings, attorney fees, and surrogate parents do apply to complaints that a local school division has failed to meet the requirements of child find (including the requirements of referral for evaluation, evaluation, and eligibility) for parentally placed private school children with disabilities.

c. State complaints. Complaints that the Virginia Department of Education or local school division has failed to meet the requirements of this section may be filed under the procedures in 8VAC20-81-200.

d. The dispute resolution options described in subdivisions 10 b and 10 c of this subsection apply to the local educational agency in which the private school is located. (34 CFR 300.140(b)(2))

  1. Separate classes prohibited. A local school division may not use funds available under the Act for classes that are organized separately on the basis of school enrollment or religion of the students if (i) the classes are at the same site and (ii) the classes include students enrolled in public schools and students enrolled in private schools. (34 CFR 300.143)

  2. Requirement that funds not benefit a private school. A local school division may not use funds provided under the Act to finance the existing level of instruction in a private school or to otherwise benefit the private school. The local school division shall use funds provided under the Act to meet the special education and related services needs of parentally placed private school children with disabilities, but not for the needs of a private school or the general needs of the students enrolled in the private school. (34 CFR 300.141)

  3. Use of public school personnel. A local school division may use funds available under the Act to make public school personnel available in nonpublic facilities to the extent necessary to provide services under this section for parentally placed private school children with disabilities and if those services are not normally provided by the private school. (34 CFR 300.142(a))

  4. Use of private school personnel. A local school division may use funds available under the Act to pay for the services of an employee of a private school to provide services to a parentally placed private school child, if the employee performs the services outside of the employee's regular hours of duty and the employee performs the services under public supervision and control. (34 CFR 300.142(b))

  5. Requirements concerning property, equipment, and supplies for the benefit of private school children with disabilities. (34 CFR 300.144)

a. A local school division shall keep title to and exercise continuing administrative control of all property, equipment, and supplies that the local school division acquires with funds under the Act for the benefit of parentally placed private school children with disabilities.

b. The local school division may place equipment and supplies in a private school for the period of time needed for the program.

c. The local school division shall ensure that the equipment and supplies placed in a private school are used only for purposes of special education and related services for children with disabilities and can be removed from the private school without remodeling the private school facility.

d. The local school division shall remove equipment and supplies from a private school if (i) the equipment and supplies are no longer needed for purposes of special education and related services for children with disabilities or (ii) removal is necessary to avoid unauthorized use of the equipment and supplies for purposes other than special education and related services for children with disabilities.

e. No funds under the Act may be used for repairs, minor remodeling, or construction of private school facilities.

  1. Reporting requirements. Each local school division shall maintain in its records, and provide to the Virginia Department of Education, the following information related to parentally placed private school children: (34 CFR 300.132(c))

a. The number of children evaluated;

b. The number of children determined to be children with disabilities; and

c. The number of children served.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; amended, Virginia Register Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-81-160 Discipline procedures

A. General. (§ 22.1-277 of the Code of Virginia; 34 CFR 300.530(a); 34 CFR 300.324(a)(2)(i))

  1. A child with a disability shall be entitled to the same due process rights that all children are entitled to under the Code of Virginia and the local educational agency's disciplinary policies and procedures.

  2. In the event that the child's behavior impedes the child's learning or that of others, the IEP team shall consider the use of positive behavioral interventions, strategies, and supports to address the behavior. The IEP team shall consider either:

a. Developing goals and services specific to the child's behavioral needs; or

b. Conducting a functional behavioral assessment and determining the need for a behavioral intervention plan to address the child's behavioral needs.

  1. School personnel may consider any unique circumstances on a case-by-case basis when deciding whether or not to order a change in placement for a child with a disability that violates a code of student conduct.

a. In reviewing the disciplinary incident, school personnel may review the child's IEP and any behavioral intervention plan, or consult with the child's teacher(s) to provide further guidance in considering any unique circumstances related to the incident.

b. School personnel may convene an IEP team for this purpose.

B. Short-term removals.

  1. A short-term removal is for a period of time of up to 10 consecutive school days or 10 cumulative school days in a school year. (34 CFR 300.530(b))

a. School personnel may short-term remove a child with a disability from the child's current educational setting to an appropriate interim alternative educational setting, another setting, or suspension, to the extent those alternatives are applied to a child without disabilities.

b. Additional short-term removals may apply to a child with a disability in a school year for separate incidents of misconduct as long as the removals do not constitute a pattern. If the short-term removals constitute a pattern, the requirements of subsection C of this section apply.

(1) The local educational agency determines when isolated, short-term removals for unrelated instances of misconduct are considered a pattern.

(2) These removals only constitute a change in placement if the local educational agency determines there is a pattern.

  1. Services during short-term removals.

a. The local educational agency is not required to provide services during the first 10 school days in a school year that a child with a disability is short-term removed if services are not provided to a child without a disability who has been similarly removed. (34 CFR 300.530(b)(2))

b. For additional short-term removals, which do not constitute a pattern, the local educational agency shall provide services to the extent determined necessary to enable the student to continue to participate in the general education curriculum and to progress toward meeting the goals of the student's IEP. School personnel, in consultation with the student's special education teacher, make the service determinations. (34 CFR 300.530(b)(2))

c. For additional short-term removals that do not constitute a pattern, the local educational agency shall ensure that children with disabilities are included in the Virginia Department of Education and divisionwide assessment programs in accordance with the provisions of subdivision 4 of 8VAC20-81-20. (20 USC § 1412(a)(16)(A))

C. Long-term removals.

  1. A long-term removal is for more than 10 consecutive school days; or (34 CFR 300.530; 34 CFR 300.536)

  2. The child has received a series of short-term removals that constitutes a pattern:

a. Because the removals cumulate to more than 10 school days in a school year;

b. Because the child's behavior is substantially similar to the child's behavior in previous incidents that results in a series of removals; and

c. Because of such additional factors such as the length of each removal, the total amount of time the student is removed, and the proximity of the removals to one another.

  1. The local educational agency determines on a case-by-case basis whether a pattern of removals constitutes a change in placement. This determination is subject to review through due process and judicial proceedings. (34 CFR 300.530(a) and (b) and 34 CFR 300.536)

  2. On the date on which the decision is made to long-term remove the student because of a violation of a code of student conduct, the local educational agency shall notify the parent(s) of the decision and provide the parent(s) with the procedural safeguards. (34 CFR 300.530(h))

  3. Special circumstances. (34 CFR 300.530(g))

a. School personnel may remove a child with a disability to an appropriate interim alternative educational setting for the same amount of time that a child without a disability would be subject to discipline, but for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child's disability, if:

(1) The child carries a weapon to or possesses a weapon at school, on school premises, or at a school function under the jurisdiction of a local educational agency or the Virginia Department of Education; or

(2) The child knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises, or at a school function under the jurisdiction of a local educational agency or the Virginia Department of Education; or

(3) The child inflicts serious bodily injury upon another person at school, on school premises, or at a school function under the jurisdiction of a local educational agency or the Virginia Department of Education.

b. For purposes of this part, "weapon," "controlled substance," and "serious bodily injury" have the meaning given the terms under 8VAC20-81-10.

  1. Services during long-term removals.

a. A child with a disability who is long-term removed receives services during the disciplinary removal so as to enable the student to: (34 CFR 300.530(d))

(1) Continue to receive educational services so as to enable the student to continue to participate in the general educational curriculum, although in another setting;

(2) Continue to receive those services and modifications including those described in the child's current IEP that will enable the child to progress toward meeting the IEP goals; and

(3) Receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.

b. For long-term removals, the local educational agency shall ensure that children with disabilities are included in the Virginia Department of Education and divisionwide assessment programs in accordance with the provisions of subdivision 4 of 8VAC20-81-20. (20 USC § 1412(a)(16)(A))

c. The IEP team determines the services needed for the child with a disability who has been long-term removed. (34 CFR 300.530(d)(5) and 34 CFR 300.531)

D. Manifestation determination. (34 CFR 300.530(c), (e), (f), and (g))

  1. Manifestation determination is required if the local educational agency is contemplating a removal that constitutes a change in placement for a child with a disability who has violated a code of student conduct of the local educational agency that applies to all students.

  2. The local educational agency, the parent(s), and relevant members of the child's IEP team, as determined by the parent and the local educational agency, constitute the IEP team that shall convene immediately, if possible, but not later than 10 school days after the date on which the decision to take the action is made.

  3. The IEP team shall review all relevant information in the child's file, including the child's IEP, any teacher observations, and any relevant information provided by the parent(s).

  4. The IEP team then shall determine the conduct to be a manifestation of the child's disability:

(1) If the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; or

(2) If the conduct in question was the direct result of the local educational agency's failure to implement the child's IEP.

  1. If the IEP team determines that the local educational agency failed to implement the child's IEP, the local educational agency shall take immediate steps to remedy those deficiencies.

  2. If the IEP team determines that the child's behavior was a manifestation of the child's disability:

a. The IEP team shall return the child to the placement from which the child was removed unless the parent and the local educational agency agree to a change in placement as part of the modification of the behavioral intervention plan. The exception to this provision is when the child has been removed for not more than 45 school days to an interim alternative educational setting for matters described in subdivision C 5 a of this section. In that case, school personnel may keep the student in the interim alternative educational setting until the expiration of the 45-day period.

(1) Conduct a functional behavioral assessment, unless the local educational agency had conducted this assessment before the behavior that resulted in the change in placement occurred, and implement a behavioral intervention plan for the child.

(a) A functional behavioral assessment may include a review of existing data or new testing data or evaluation as determined by the IEP team.

(b) If the IEP team determines that the functional behavioral assessment will include obtaining new testing data or evaluation, then the parent is entitled to an independent educational evaluation in accordance with 8VAC20-81-170 B if the parent disagrees with the evaluation or a component of the evaluation obtained by the local educational agency; or

(2) If a behavioral intervention plan already has been developed, review this plan, and modify it, as necessary, to address the behavior.

  1. If the IEP team determines that the child's behavior was not a manifestation of the child's disability, school personnel may apply the relevant disciplinary procedures to children with disabilities in the same manner and for the same duration as the procedures would be applied to children without disabilities, except that services shall be provided in accordance with subdivision C 6 a of this section.

E. Appeal. (34 CFR 300.532(a) and (c))

  1. If the child's parent(s) disagrees with the determination that the student's behavior was not a manifestation of the student's disability or with any decision regarding placement under these disciplinary procedures, the parent(s) may request an expedited due process hearing.

  2. A local educational agency that believes that maintaining the current placement of the child is substantially likely to result in injury to the child or others, may request an expedited due process hearing.

  3. The local educational agency is responsible for arranging the expedited due process in accordance with the Virginia Department of Education's hearing procedures at 8VAC20-81-210.

a. The hearing shall occur within 20 school days of the date the request for the hearing is filed.

b. The special education hearing officer shall make a determination within 10 school days after the hearing.

c. Unless the parent(s) and the local educational agency agree in writing to waive the resolution meeting, or agree to use the mediation process:

(1) A resolution meeting shall occur within 7 calendar days of receiving the request for a hearing.

(2) The due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 calendar days of the receipt of the request for a hearing.

d. The decisions on expedited due process hearings are appealable consistent with 8VAC20-81-210.

F. Authority of the special education hearing officer. (34 CFR 300.532(a) and (b))

  1. A local educational agency may request an expedited due process hearing under the Virginia Department of Education's due process hearing procedures to effect a change in placement of a child with a disability for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child's disability, if the local educational agency believes that the child's behavior is substantially likely to result in injury to self or others.

  2. The special education hearing officer under 8VAC20-81-210 may:

a. Return the child with a disability to the placement from which the child was removed if the special education hearing officer determines that the removal was a violation of subsections C and D of this section, or that the child's behavior was a manifestation of the child's disability; or

b. Order a change in the placement to an appropriate interim alternative educational setting for not more than 45 school days if the special education hearing officer determines that maintaining the current placement of the child is substantially likely to result in injury to the student or others.

  1. A local educational agency may ask the special education hearing officer for an extension of 45 school days for the interim alternative educational setting of a child with a disability when school personnel believe that the child's return to the regular placement would result in injury to the student or others.

G. Placement during appeals. (34 CFR 300.533)

  1. The child shall remain in the interim alternative educational setting pending the decision of the special education hearing officer; or

  2. Until the expiration of the time for the disciplinary period set forth in this section, whichever comes first, unless the parent and the local educational agency agree otherwise.

H. Protection for children not yet eligible for special education and related services. (34 CFR 300.534)

  1. A child who has not been determined to be eligible for special education and related services and who has engaged in behavior that violates a code of student conduct of the local educational agency may assert any of the protections provided in this chapter if the local educational agency had knowledge that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred.

  2. A local educational agency shall be deemed to have knowledge that a child is a child with a disability if before the behavior that precipitated the disciplinary action occurred:

(a) The parent(s) of the child expressed concern in writing (or orally if the parent(s) does not know how to write or has a disability that prevents a written statement) to school personnel that the child is in need of special education and related services;

(b) The parent(s) of the child requested an evaluation of the child to be determined eligible for special education and related services; or

(c) A teacher of the child or school personnel expressed concern about a pattern of behavior demonstrated by the child directly to the director of special education of the local educational agency or to other supervisory personnel of the local educational agency.

  1. A local educational agency would not be deemed to have knowledge that a child is a child with a disability if:

(a) The parent of the child has not allowed a previous evaluation of the child or has refused services; or

(b) The child has been evaluated in accordance with 8VAC20-81-70 and 8VAC20-81-80 and determined ineligible for special education and related services.

  1. If the local educational agency does not have knowledge that a child is a child with a disability prior to taking disciplinary measures against the child, the child may be subjected to the same disciplinary measures applied to a child without a disability who engages in comparable behaviors.

  2. If a request is made for an evaluation of a child during the time period in which the child is subjected to disciplinary measures under this section, the evaluation shall be conducted in an expedited manner.

a. Until the evaluation is completed, the child remains in the educational placement determined by the school personnel, which can include suspension or expulsion without educational services.

b. If the child is determined to be a child with a disability, taking into consideration information from the evaluations conducted by the local educational agency and information provided by the parent(s), the local educational agency shall provide special education and related services as required for a child with a disability who is disciplined.

I. Referral to and action by law enforcement and judicial authorities. (34 CFR 300.535)

  1. Nothing in this chapter prohibits a local educational agency from reporting a crime by a child with a disability to appropriate authorities, or prevents state law enforcement and judicial authorities from exercising their responsibilities with regard to the application of federal and state law to crimes committed by a child with a disability to the extent such action applies to a student without a disability.

  2. In reporting the crime, the local educational agency shall ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom school personnel report the crime. Transmission of such records shall be in accordance with requirements under the Management of the Student's Scholastic Record in the Public Schools of Virginia (8VAC20-150).

J. Information on disciplinary actions. (34 CFR 300.229)

  1. The Virginia Department of Education requires that local educational agencies include in the records of a child with a disability a statement of any current or previous disciplinary action that has been taken against the child.

  2. Local educational agencies are responsible for transmitting the statement to the Virginia Department of Education upon request to the same extent that the disciplinary information is included in, and transmitted with, the student records of nondisabled students.

  3. The statement may include:

a. A description of any behavior engaged in by the child who required disciplinary action;

b. A description of the disciplinary action; and

c. Any other information that is relevant to the safety of the child and other individuals involved with the child.

  1. If the child transfers from one school to another, the transmission of any of the child's records shall include the child's current IEP and any statement of current or previous disciplinary action that has been taken against the child.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009.
8VAC20-81-170 Procedural safeguards

A. Opportunity to examine records; parent participation. (34 CFR 300.322(e), 34 CFR 300.500 and 34 CFR 300.501; 8VAC20-150)

  1. Procedural safeguards. Each local educational agency shall establish, maintain, and implement procedural safeguards as follows:

a. The parent of a child with a disability shall be afforded an opportunity to:

(1) Inspect and review all education records with respect to (i) the identification, evaluation, and educational placement of the child; and (ii) the provision of a free appropriate public education to the child.

(2) Participate in meetings with respect to the identification, evaluation, and educational placement of the child and the provision of a free appropriate public education to the child.

b. Parent participation in meetings.

(1) Each local educational agency shall provide notice to ensure that the parent of a child with a disability has the opportunity to participate in meetings described in subdivision 1 a (2) of this subsection, including notifying the parent of the meeting early enough to ensure that the parent has an opportunity to participate. The notice shall:

(a) Indicate the purpose, date, time, and location of the meeting and who will be in attendance;

(b) Inform the parent that at the parent's discretion or at the discretion of the local educational agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel, as appropriate, may participate in meetings with respect to the identification, evaluation, and educational placement of the child and the provision of a free appropriate public education to the child;

(c) Inform the parent that the determination of the knowledge or special expertise shall be made by the party who invited the individual; and

(d) Inform the parent, in the case of a child who was previously served under Part C, that an invitation to the initial IEP team meeting shall, at the request of the parent, be sent to the Part C service coordinator or other representatives of Part C to assist with the smooth transition of services.

(2) A meeting does not include informal or unscheduled conversations involving local educational agency personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision if those issues are not addressed in the child's IEP. A meeting also does not include preparatory activities that local educational agency personnel engage in to develop a proposal or a response to a parent proposal that will be discussed at a later meeting.

c. Parent involvement in placement decisions.

(1) Each local educational agency shall ensure that a parent of each child with a disability is a member of the IEP team that makes decisions on the educational placement of the child or any Children's Services Act team that makes decisions on the educational placement of the child.

(2) In implementing the requirements of subdivision 1 c (1) of this subsection, the local educational agency shall provide notice in accordance with the requirements of 8VAC20-81-110 E.

(3) If neither parent can participate in a meeting in which a decision is to be made relating to the educational placement of the child, the local educational agency shall use other methods to ensure parent participation, including individual or conference telephone calls or video conferencing.

(4) A placement decision may be made by the IEP or Children's Services Act team without the involvement of the parent if the local educational agency is unable to obtain the parent's participation in the decision. In this case, the local educational agency shall have a record of its attempt to ensure the parent's involvement.

(5) The local educational agency shall take whatever action is necessary to ensure that the parent understands and is able to participate in any group discussions relating to the educational placement of the parent's child, including arranging for an interpreter for a parent with deafness or whose native language is other than English.

(6) The exception to the IEP team determination regarding placement is with disciplinary actions involving interim alternative education settings for 45-day removals under 8VAC20-81-160 D 6 a. (34 CFR 300.530(f)(2) and (g))

B. Independent educational evaluation.

  1. General. (34 CFR 300.502(a))

a. The parent of a child with a disability shall have the right to obtain an independent educational evaluation of the child.

b. The local educational agency shall provide to the parent of a child with a disability, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained and the applicable criteria for independent educational evaluations.

  1. Parental right to evaluation at public expense. (34 CFR 300.502(b) and (e))

a. The parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the local educational agency.

b. If the parent requests an independent educational evaluation at public expense, the local educational agency shall, without unnecessary delay, either:

(1) Initiate a due process hearing to show that its evaluation is appropriate; or

(2) Ensure that an independent educational evaluation is provided at public expense, unless the local educational agency demonstrates in a due process hearing that the evaluation obtained by the parent does not meet the local educational agency's criteria.

c. If the local educational agency initiates a due process hearing and the final decision is that the local educational agency's evaluation is appropriate, the parent still has the right to an independent educational evaluation, but not at public expense.

d. If the parent requests an independent educational evaluation, the local educational agency may ask the reasons for the parent's objection to the public evaluation. However, the explanation by the parent may not be required and the local educational agency may not unreasonably delay either providing the independent educational evaluation at public expense or initiating a due process hearing to defend the public evaluation.

e. A parent is entitled to only one independent educational evaluation at public expense each time the public educational agency conducts an evaluation with which the parent disagrees.

f. If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, shall be the same as the criteria that the local educational agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent's right to an independent educational evaluation. Except for the criteria, a local educational agency may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.

  1. Parent-initiated evaluations. If the parent obtains an independent educational evaluation at public expense or shares with the local educational agency an evaluation obtained at private expense, the results of the evaluation: (34 CFR 300.502(c))

a. Shall be considered by the local educational agency, if it meets local educational agency criteria, in any decision regarding the provision of a free appropriate public education to the child; and

b. May be presented by any party as evidence at a hearing under 8VAC20-81-210.

  1. Requests for evaluations by special education hearing officers. If a special education hearing officer requests an independent educational evaluation as part of a hearing on a due process complaint, the cost of the evaluation shall be at public expense. (34 CFR 300.502(d))

C. Prior written notice by the local educational agency; content of notice.

  1. Prior written notice shall be given to the parent of a child with a disability within a reasonable time before the local educational agency: (34 CFR 300.503(a))

a. Proposes to initiate or change the identification, evaluation, or educational placement (including graduation with a standard or advanced studies diploma) of the child, or the provision of a free appropriate public education for the child; or

b. Refuses to initiate or change the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education for the child.

  1. The notice shall include: (34 CFR 300.503(b))

a. A description of the action proposed or refused by the local educational agency;

b. An explanation of why the local educational agency proposes or refuses to take the action;

c. A description of any other options the IEP team considered and the reasons for the rejection of those options;

d. A description of each evaluation procedure, assessment, record, or report the local educational agency used as a basis for the proposed or refused action;

e. A description of any other factors that are relevant to the local educational agency's proposal or refusal;

f. A statement that the parent of a child with a disability has protection under the procedural safeguards of this chapter and, if the notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; and

g. Sources for the parent to contact in order to obtain assistance in understanding the provisions of this section.

  1. a. The notice shall be (i) written in language understandable to the general public; and (ii) provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. (34 CFR 300.503(c))

b. If the native language or other mode of communication of the parent is not a written language, the local educational agency shall take steps to ensure that:

(1) The notice is translated orally or by other means to the parent in the parent's native language or other mode of communication;

(2) The parent understands the content of the notice; and

(3) There is written evidence that the requirements of subdivisions 3 b (1) and 3 b (2) of this subsection have been met.

D. Procedural safeguards notice. (34 CFR 300.504)

  1. A copy of the procedural safeguards available to the parent of a child with a disability shall be given to the parent by the local educational agency only one time a school year, except that a copy shall be given to the parent upon:

a. Initial referral for or parent request for evaluation;

b. If the parent requests an additional copy;

c. Receipt of the first state complaint during a school year;

d. Receipt of the first request for a due process hearing during a school year; and

e. On the date on which the decision is made to make a disciplinary removal that constitutes a change in placement because of a violation of a code of student conduct.

  1. The local educational agency may place a current copy of the procedural safeguards notice on its Internet website if a website exists, but the local educational agency does not meet its obligation under subdivision 1 of this subsection by directing the parent to the website. The local educational agency shall offer the parent a printed copy of the procedural safeguards notice in accordance with subdivision 1 of this subsection.

  2. The procedural safeguards notice shall include a full explanation of all of the procedural safeguards available relating to:

a. Independent educational evaluation;

b. Prior written notice;

c. Parental consent;

d. Access to educational records;

e. Opportunity to present and resolve complaints through the due process complaint and state complaint procedures, including:

(1) The time period in which to file a complaint;

(2) The opportunity for the local educational agency to resolve the complaint; and

(3) The difference between the due process and the state complaint procedures, including the applicable jurisdiction of each procedure, potential issues, filing and decisional timelines for each process, and relevant procedures;

f. The availability of mediation;

g. The child's placement during pendency of due process proceedings;

h. Procedures for students who are subject to placement in an interim alternative educational setting;

i. Requirements for unilateral placement by parents of children in private schools at public expense;

j. Due process hearings, including requirements for disclosure of evaluation results and recommendations;

k. Civil actions, including the time period in which to file those actions; and

l. Attorney fees.

  1. The notice required under this subsection shall meet the prior notice requirements regarding understandable language in subdivision C 3 of this section.

E. Parental consent.

  1. Required parental consent. Informed parental consent is required before:

a. Conducting an initial evaluation or reevaluation, including a functional behavioral assessment if such assessment is not a review of existing data conducted at an IEP meeting; (34 CFR 300.300(a)(1)(i))

b. An initial eligibility determination or any change in categorical identification;

c. Initial provision of special education and related services to a child with a disability; (34 CFR 300.300(b)(1))

d. Any revision to the child's IEP services;

e. Any partial or complete termination of special education and related services, except for graduation with a standard or advance studies diploma;

f. The provision of a free appropriate public education to children with disabilities who transfer between public agencies in Virginia or transfer to Virginia from another state in accordance with 8VAC20-81-120;

g. Accessing a child's public benefits or insurance or private insurance proceeds in accordance with subsection F of this section; and (34 CFR 300.154)

h. Inviting to an IEP meeting a representative of any participating agency that is likely to be responsible for providing or paying for secondary transition services. (34 CFR 300.321(b)(3))

  1. Parental consent not required. Parental consent is not required before:

a. Review of existing data as part of an evaluation or a reevaluation, including a functional behavioral assessment; (34 CFR 300.300(d)(1))

b. Administration of a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of the parents of all children; (34 CFR 300.300(d)(1))

c. The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation; (34 CFR 300.302)

d. Administration of a test or other evaluation that is used to measure progress on the child's IEP goals and is included in the child's IEP;

e. A teacher's or related service provider's observations or ongoing classroom evaluations;

f. Conducting an initial evaluation of a child who is a ward of the state and who is not residing with the child's parent if: (34 CFR 300.300(a)(2))

(1) Despite reasonable efforts, the local educational agency cannot discover the whereabouts of the parent;

(2) The parent's rights have been terminated; or

(3) The rights of the parent to make educational decisions have been subrogated by a judge and an individual appointed by the judge to represent the child has consented to the initial evaluation.

  1. Revoking consent.

a. If at any time subsequent to the initial provision of special education and related services the parent revokes consent in writing for the continued provision of special education and related services: (34 CFR 300.300(b)(4))

(1) The local educational agency may not continue to provide special education and related services to the child, but must provide prior written notice in accordance with 8VAC20-81-170 C before ceasing the provision of special education and related services;

(2) The local educational agency may not use mediation or due process hearing procedures to obtain parental consent, or a ruling that the services may be provided to the child;

(3) The local educational agency's failure to provide the special education and related services to the child will not be considered a violation of the requirement to provide FAPE; and

(4) The local educational agency is not required to convene an IEP meeting or to develop an IEP for the child for the further provision of special education and related services.

b. If a parent revokes consent, that revocation is not retroactive in accordance with the definition of "consent" at 8VAC20-81-10.

  1. Refusing consent.

a. If the parent refuses consent for initial evaluation or a reevaluation, the local educational agency may, but is not required to, use mediation or due process hearing procedures to pursue the evaluation. The local educational agency does not violate its obligations under this chapter if it declines to pursue the evaluation. (34 CFR 300.300(a)(3) and (c)(1))

b. If the parent refuses to consent to the initial provision of special education and related services: (34 CFR 300.300(b)(3))

(1) The local educational agency may not use mediation or due process hearing procedures to obtain parental consent, or a ruling that the services may be provided to the child;

(2) The local educational agency's failure to provide the special education and related services to the child for which consent is requested is not considered a violation of the requirement to provide FAPE; and

(3) The local educational agency is not required to convene an IEP meeting or to develop an IEP for the child for the special education and related services for which the local educational agency requests consent. However, the local educational agency may convene an IEP meeting and develop an IEP to inform the parent about the services that may be provided with parental consent.

c. If the parent of a parentally placed private school child refuses consent for an initial evaluation or a reevaluation, the local educational agency: (34 CFR 300.300(d)(4))

(1) May not use mediation or due process hearing procedures to obtain parental consent, or a ruling that the evaluation of the child may be completed; and

(2) Is not required to consider the child as eligible for equitable provision of services in accordance with 8VAC20-81-150.

d. A local educational agency may not use a parent's refusal to consent to one service or activity to deny the parent or child any other service, benefit, or activity of the local educational agency, except as provided by this chapter. (34 CFR 300.300(d)(3))

  1. Withholding consent.

a. If the parent fails to respond to a request to consent for an initial evaluation, the local educational agency may, but is not required to, use mediation or due process hearing procedures to pursue the evaluation. The local educational agency does not violate its obligations under this chapter if it declines to pursue the evaluation. (34 CFR 300.300(a)(3) and (c)(1))

b. Informed parental consent need not be obtained for reevaluation if the local educational agency can demonstrate that it has taken reasonable measures to obtain that consent, and the child's parent has failed to respond. (34 CFR 300.300(c)(2))

c. If the parent fails to respond to a request to provide consent for the initial provision of special education and related services, the local educational agency follows the provisions of subdivision 4 b of this subsection. (34 CFR 300.300(b)(3) and (4))

  1. Consent for initial evaluation may not be construed as consent for initial provision of special education and related services. (34 CFR 300.300(a)(1)(ii))

  2. The local educational agency shall make reasonable efforts to obtain informed parental consent for an initial evaluation and the initial provision of special education and related services. (34 CFR 300.300(a)(1)(iii) and (b)(2))

  3. To meet the reasonable measures requirement of this section, the local educational agency shall have a record of its attempts to secure the consent, such as: (34 CFR 300.322(d) and 34 CFR 300.300(a), (b), (c) and (d)(5))

a. Detailed records of telephone calls made or attempted and the results of those calls;

b. Copies of correspondence (written, electronic, or facsimile) sent to the parent and any responses received; and

c. Detailed records of visits made to the parent's home or place of employment and the results of those visits.

F. Parental rights regarding use of public or private insurance. Each local educational agency using Medicaid or other public benefits or insurance programs to pay for services required under this chapter, as permitted under the public insurance program, and each local educational agency using private insurance to pay for services required under this chapter, shall provide notice to the parent and obtain informed parental consent in accordance with 8VAC20-81-300. (34 CFR 300.154)

G. Confidentiality of information.

  1. Access rights. (34 CFR 300.613)

a. The local educational agency shall permit the parent to inspect and review any education records relating to the parent's children that are collected, maintained, or used by the local educational agency under this chapter. The local educational agency shall comply with a request without unnecessary delay and before any meeting regarding an IEP or any hearing in accordance with 8VAC20-81-160 and 8VAC20-81-210, or resolution session in accordance with 8VAC20-81-210, and in no case more than 45 calendar days after the request has been made.

b. The right to inspect and review education records under this section includes:

(1) The right to a response from the local educational agency to reasonable requests for explanations and interpretations of the records;

(2) The right to request that the local educational agency provide copies of the records containing the information if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records; and

(3) The right to have a representative of the parent inspect and review the records.

c. A local educational agency may presume that a parent has authority to inspect and review records relating to the parent's children unless the local educational agency has been provided a copy of a judicial order or decree or other legally binding documentation that the parent does not have the authority under applicable Virginia law governing such matters as guardianship, separation, and divorce.

  1. Record of access. Each local educational agency shall keep a record of parties, except parents and authorized employees of the local educational agency, obtaining access to education records collected, maintained, or used under Part B of the Act, including the name of the party, the date of access, and the purpose for which the party is authorized to use the records. (34 CFR 300.614)

  2. Record on more than one child. If any education record includes information on more than one child, the parents of those children have the right to inspect and review only the information relating to their child or to be informed of the specific information requested. (34 CFR 300.615)

  3. List of types and locations of information. Each local educational agency shall provide a parent on request a list of the types and locations of education records collected, maintained, or used by the local educational agency. (34 CFR 300.616)

  4. Fees. (34 CFR 300.617)

a. Each local educational agency may charge a fee for copies of records that are made for a parent under this chapter if the fee does not effectively prevent the parent from exercising the parent's right to inspect and review those records.

b. A local educational agency may not charge a fee to search for or to retrieve information under this section.

c. A local educational agency may not charge a fee for copying a child's IEP that is required to be provided to the parent in accordance with 8VAC20-81-110 E 7.

  1. Amendment of records at parent's request. (34 CFR 300.618)

a. A parent who believes that information in the education records collected, maintained, or used under this chapter is inaccurate or misleading or violates the privacy or other rights of the child may request the local educational agency that maintains the information to amend the information.

b. The local educational agency shall decide whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request.

c. If the local educational agency decides to refuse to amend the information in accordance with the request, it shall inform the parent of the refusal and advise the parent of the right to a hearing under subdivision 7 of this subsection.

  1. Opportunity for a hearing. The local educational agency shall provide on request an opportunity for a hearing to challenge information in education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child. (34 CFR 300.619)

  2. Results of hearing. (34 CFR 300.620)

a. If, as a result of the hearing, the local educational agency decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, the local education agency shall amend the information accordingly and inform the parent in writing.

b. If, as a result of the hearing, the local educational agency decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, the local education agency shall inform the parent of the right to place in the child's education records a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the agency.

c. Any explanation placed in the records of the child under this section shall:

(1) Be maintained by the local educational agency as part of the records of the child as long as the record or contested portion is maintained by the local educational agency; and

(2) If the records of the child or the contested portion is disclosed by the local educational agency to any party, the explanation shall also be disclosed to the party.

  1. Hearing procedures. A hearing held under subdivision 7 of this subsection shall be conducted in accordance with the procedures under 34 CFR 99.22 of the Family Educational Rights and Privacy Act. (20 USC § 1232g; 34 CFR 300.621)

a. The local educational agency may:

(1) Develop local procedures for such a hearing process; or

(2) Obtain a hearing officer from the Supreme Court of Virginia's special education hearing officer list in accordance with the provisions of 8VAC20-81-210 H.

  1. Consent. (34 CFR 300.32; 34 CFR 300.622)

a. Parental consent shall be obtained before personally identifiable information is disclosed to anyone other than officials of the local educational agency, unless the information is contained in the education records and the disclosure is authorized without parental consent under the Family Education Rights and Privacy Act. (20 USC § 1232g).

b. Parental consent is not required before personally identifiable information is disclosed to officials of the local educational agencies collecting, maintaining, or using personally identifiable information under this chapter, except:

(1) Parental consent, or the consent of a child who has reached the age of majority, shall be obtained before personally identifiable information is released to officials of any agency or institution providing or paying for transition services.

(2) If a child is enrolled or is going to enroll in a private school that is not located in the local educational agency where the parent resides, parental consent shall be obtained before any personally identifiable information about the child is released between officials in the local educational agency where the private school is located and officials in the local educational agency where the parent resides.

  1. Safeguards. (34 CFR 300.623)

a. Each local educational agency shall protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.

b. Each local educational agency shall ensure that electronic communications via emails or facsimiles regarding any matter associated with the child, including matters related to IEP meetings, disciplinary actions, or service delivery, is part of the child's educational record.

c. One official at each local educational agency shall assume responsibility for ensuring the confidentiality of any personally identifiable information.

d. All persons collecting, maintaining, or using personally identifiable information shall receive training or instruction on Virginia's policies and procedures for ensuring confidentiality of the information.

e. Each local educational agency shall maintain for public inspection a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information.

  1. Destruction of information. (34 CFR 300.624)

a. The local educational agency shall inform parents when personally identifiable information collected, maintained, or used under this chapter is no longer needed to provide educational services to the child.

b. This information shall be destroyed at the request of the parents. However, a permanent record of a student's name, address, phone number, grades, attendance record, classes attended, grade level completed, and year completed shall be maintained without time limitation.

c. The local educational agency shall comply with the Records Retention and Disposition Schedule of the Library of Virginia.

H. Electronic mail. If the local educational agency makes the option available, the parent of a child with a disability may elect to receive prior written notice, the procedural safeguards notice, and the notice of a request for due process by electronic mail. (34 CFR 300.505)

I. Electronic signature. If an electronically filed document contains an electronic signature, the electronic signature has the legal effect and enforceability of an original signature. An electronic signature is an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. (Chapter 42.1 (§ 59.1-479 et seq.) of Title 59.1 of the Code of Virginia)

J. Audio and video recording.

  1. The local educational agency shall permit the use of audio recording devices at meetings convened to determine a child's eligibility under 8VAC20-81-80; to develop, review, or revise the child's IEP under 8VAC20-81-110 F; and to review discipline matters under 8VAC20-81-160 D. The parent shall inform the local educational agency before the meeting in writing, unless the parents cannot write in English, that they will be audio recording the meeting. If the parent does not inform the local educational agency, the parent shall provide the local educational agency with a copy of the audio recording. The parent shall provide their own audio equipment and materials for audio recording. If the local educational agency audio records meetings or receives a copy of an audio recording from the parent, the audio recording becomes a part of the child's educational record.

  2. The local educational agency may have policies that prohibit, limit, or otherwise regulate the use of:

a. Video recording devices at meetings convened pursuant to this chapter; or

b. Audio or video recording devices at meetings other than those meetings identified in subdivision 1 of this subsection.

  1. These policies shall:

a. Stipulate that the recordings become part of the child's educational record;

b. Ensure that the policy is uniformly applied; and

c. If the policy prohibits the use of the devices, the policy shall provide for exceptions if an exception is necessary to ensure that the parent understands the IEP, the special education process, or to implement other parental rights guaranteed under this chapter.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; amended, Virginia Register Volume 26, Issue 8, eff. January 25, 2010; Volume 38, Issue 5, eff. November 24, 2021; Volume 38, Issue 13, eff. April 1, 2022; Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-81-180 Transfer of rights to students who reach the age of majority

A. All rights accorded to the parent(s) under the Act transfer to the student upon the age of majority (age 18), including those students who are incarcerated in an adult or juvenile federal, state, regional, or local correctional institution. (34 CFR 300.520)

B. Notification.

  1. The local educational agency shall notify the parent(s) and the student of the following: (34 CFR 300.520)

a. That educational rights under the Act will transfer from the parent(s) to the student upon the student reaching the age of majority; and

b. That procedures exist for appointing the parent(s) or, if the parent(s) are not available, another appropriate individual to represent the educational interests of the student throughout the student's eligibility for special education and related services if the student is determined not to have the ability to provide informed consent with respect to the educational program as specified in subsection C of this section.

  1. The local educational agency shall include a statement on the IEP (beginning at least one year before the student reaches the age of majority) that the student and parent(s) have been informed of the rights that will transfer to the student on reaching the age of 18. (34 CFR 300.320(c))

  2. The local educational agency shall provide any further notices required under the Act to both the student and the parent(s).

  3. The local educational agency may continue to invite the parent(s), as appropriate, as bona fide interested parties knowledgeable of the student's abilities, to participate in meetings where decisions are being made regarding their adult student's educational program.

  4. The adult student may invite the student's parent(s) to participate in meetings where decisions are being made regarding the student's educational program.

C. A student who has reached the age of 18 years shall be presumed to be a competent adult, and thus all rights under the Act shall transfer to the adult student, unless one of the following actions has been taken:

  1. The adult student is declared legally incompetent or legally incapacitated by a court of competent jurisdiction and a representative has been appointed by the court to make decisions for the student;

  2. The adult student designates, in writing, by power of attorney or similar legal document, another competent adult to be the student's agent to receive notices and to participate in meetings and all other procedures related to the student's educational program. A local educational agency shall rely on such designation until notified that the authority to act under the designation is revoked, terminated, or superseded by court order or by the adult student;

  3. The adult student is certified, according to the following procedures, as unable to provide informed consent. Any adult student who is found eligible for special education pursuant to this chapter and does not have a representative appointed to make decisions on the adult student's behalf by a court of competent jurisdiction may have an educational representative appointed based on the following certification procedure to act on the student's behalf for all matters described in this chapter and to exercise rights related to the student's scholastic record. An educational representative may be appointed based on the following conditions and procedures: (34 CFR 300.520(b))

a. Two professionals (one from list one and one from list two, as set out in the following subdivisions,) shall, based on a personal examination or interview, certify in writing that the adult student is incapable of providing informed consent and that the student has been informed of this decision:

(1) List one includes (i) a medical doctor licensed in the state where the doctor practices medicine; (ii) a physician's assistant whose certification is countersigned by a supervising physician; or (iii) a certified nurse practitioner.

(2) List two includes (i) a medical doctor licensed in the state where the doctor practices medicine; (ii) a licensed clinical psychologist; (iii) a licensed clinical social worker; (iv) an attorney who is qualified to serve as a guardian ad litem for adults under the rules of the Supreme Court of Virginia; or (v) a court-appointed special advocate for the adult student.

b. The individuals who provide the certification in subdivision 3 a of this subsection may not be employees of the local educational agency currently serving the adult student or be related by blood or marriage to the adult student.

c. Incapable of providing informed consent, as used in this section, means that the individual is unable to:

(1) Understand the nature, extent and probable consequences of a proposed educational program or option on a continuing or consistent basis;

(2) Make a rational evaluation of the benefits or disadvantages of a proposed educational decision or program as compared with the benefits or disadvantages of another proposed educational decision or program on a continuing or consistent basis; or

(3) Communicate such understanding in any meaningful way.

d. The certification that the adult student is incapable of providing informed consent may be made as early as 60 calendar days prior to the adult student's eighteenth birthday or 65 business days prior to an eligibility meeting if the adult student is undergoing initial eligibility for special education services.

e. The certification shall state when and how often a review of the adult student's ability to provide informed consent shall be made and why that time period was chosen.

f. The adult student's ability to provide informed consent shall be recertified at any time that the previous certifications are challenged. Challenges can be made by the student or by anyone with a bona fide interest and knowledge of the adult student, except that challenges cannot be made by employees of local educational agencies. Challenges shall be provided in writing to the local educational agency's administrator of special education who then shall notify the adult student and current appointed representative.

(1) Upon receipt of a written challenge to the certification by the adult student, the local educational agency may not rely on an educational representative, appointed pursuant to subsection D of this section, for any purpose until a designated educational representative is affirmed by a court of competent jurisdiction;

(2) Upon receipt of a written challenge to the certification by anyone with a bona fide interest and knowledge of the adult student, the local educational agency may not rely on an educational representative, appointed pursuant to subsection D of this section for any purpose until a more current written certification is provided by the appointed educational representative. Certifications provided after a challenge are effective for 60 calendar days, unless a proceeding in a court of competent jurisdiction is filed challenging and requesting review of the certifications. The local educational agency shall not rely upon the designated educational representative until the representative is affirmed by the court; or

  1. The adult student, based on certification by written order from a judge of competent jurisdiction, is admitted to a facility for the training, treatment and habilitation of persons with intellectual disabilities in accordance with § 37.2-806 of the Code of Virginia. The state-operated program serving the adult student may rely on the judicial certification and appoint an educational representative to act on the student's behalf during the student's stay at the state-operated program.

D. If the local educational agency receives written notification of the action in subdivision C 3 of this section or if the state-operated program receives the judicial certification in subdivision C 4 of this section, the local educational agency shall designate the parent(s) of the adult student to act as an educational representative of the adult student (unless the student is married, in which event the student's adult spouse shall be designated as educational representative).

  1. If the parent(s) or adult spouse is not available and competent to give informed consent, the administrator of special education or designee shall designate a competent individual from among the following:

a. An adult brother or sister;

b. An adult aunt or uncle; or

c. A grandparent.

  1. If no family member from the previous categories is available and competent to serve as the adult student's educational representative, then a person trained as a surrogate parent shall be appointed to serve as the educational representative by the local educational agency.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; Errata, 26:4 VA.R. 447-448 October 26, 2009.
8VAC20-81-190 Mediation

A. Each local educational agency shall ensure that the parents of a child with a disability are informed of the option of mediation to resolve disputes involving any matter arising under Part B of the Act, including the identification, evaluation, or educational placement and services of the child, the provision of a free appropriate public education to the child, and matters arising prior to the filing of a state complaint or request for a due process hearing. Mediation is available to parties to any dispute arising under the Act to resolve these issues at any time a joint request is made to the Virginia Department of Education from a school representative and a parent. (§ 22.1-214 B of the Code of Virginia; 34 CFR 300.506(a))

B. The local educational agency shall use the Virginia Department of Education's mediation process to resolve such disputes. The procedures shall ensure that the process is: (§ 22.1-214 B of the Code of Virginia; 34 CFR 300.506(b)(1))

  1. Voluntary on the part of both the local educational agency and parent;

  2. Not used to deny or delay a parent's right to a due process hearing or to deny any other rights afforded under the Act; and

  3. Conducted by a qualified and impartial mediator who is trained in effective mediation techniques and who is knowledgeable in laws and regulations relating to the provision of special education and related services.

C. The local educational agency or the Virginia Department of Education may establish procedures to offer parents and schools who choose not to use the mediation process an opportunity to meet, at a time and location convenient to them, with a disinterested party who is under contract with a parent training and information center or community parent resource center in Virginia established under § 1471 or 1472 of the Act; or an appropriate alternative dispute resolution entity. The purpose of the meeting would be to explain the benefits of and encourage the parents to use the mediation process. (34 CFR 300.506(b)(2))

D. In accordance with the Virginia Department of Education's procedures: (34 CFR 300.506(b)(3) and (4))

  1. The Virginia Department of Education maintains a list of individuals who are qualified mediators, knowledgeable in laws and regulations relating to the provision of special education and related services, and trained in effective mediation techniques;

  2. The mediator is chosen on a rotation basis; and

  3. The Virginia Department of Education bears the cost of the mediation process, including costs in subsection C of this section.

E. The mediation process shall: (34 CFR 300.506(b)(5) through (b)(8))

  1. Be scheduled in a timely manner and held in a location that is convenient to the parties to the dispute;

  2. Conclude with a written legally binding agreement, if an agreement is reached by the parties to the dispute, that:

a. States that all discussions that occurred during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding;

b. Is signed by both the parent and a representative of the local educational agency who has the authority to bind the local educational agency; and

c. Is enforceable in any state or federal court of competent jurisdiction.

  1. Guarantee that discussions that occur during the mediation process are confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings of any state or federal court.

F. An individual who serves as a mediator: (34 CFR 300.506(c))

  1. May not be an employee of any local educational agency or the Virginia Department of Education if it is providing direct services to a child who is the subject of the mediation process;

  2. Shall not have a personal or professional conflict of interest, including relationships or contracts with schools or parents outside of mediations assigned by the Virginia Department of Education; and

  3. Is not an employee of the local educational agency or the Virginia Department of Education solely because the person is paid by the agency to serve as a mediator.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; amended, Virginia Register Volume 40, Issue 26, eff. September 16, 2024.
8VAC20-81-200 Complaint resolution procedures

A. The Virginia Department of Education maintains and operates a complaint system that provides for the investigation and issuance of findings regarding violations of the rights of parents or children with disabilities. The Superintendent of Public Instruction or designee is responsible for the operation of the complaint system. (34 CFR 300.151)

B. A complaint may be filed with the Virginia Department of Education by any individual, organization, or an individual from another state and shall: (34 CFR 300.153)

  1. Be in writing;

  2. Include the signature and contact information for the complainant;

  3. Contain a statement that a public agency has violated the Act or these special education regulations;

  4. Include the facts upon which the complaint is based;

  5. If alleging violations with respect to a specific child, include:

a. The name and address of the residence of the child;

b. The name of the school the child is attending;

c. In the case of a homeless child or youth (within the meaning of § 725(2) of the McKinney-Vento Homeless Act (42 USC 11434a(2)), available contact information for the child, and the name of the school the child is attending;

d. A description of the nature of the problem of the child, including facts relating to the problem; and

e. A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed;

  1. Address an action that occurred not more than one year prior to the date the complaint is received; and

  2. Be provided simultaneously to the local educational agency or public agency serving the child.

C. Within seven days of a receipt of a complaint, the Virginia Department of Education determines if the complaint is sufficient according to subsection B of this section. If it is determined that the complaint is insufficient, the Virginia Department of Education notifies the complainant and the public agency in writing. The complainant is given directions for resubmission of the complaint to the Virginia Department of Education.

D. Upon receipt of a valid complaint, the Virginia Department of Education shall initiate an investigation to determine whether the public agency is in compliance with applicable law and regulations in accordance with the following procedures: (34 CFR 300.151 and 34 CFR 300.152)

  1. Within seven business days of the receipt of a valid complaint, the Virginia Department of Education shall send written notification to each complainant and the public agency against which the violation has been alleged, acknowledging receipt of a complaint.

a. The notification sent to the public agency shall include:

(1) A copy of the complaint;

(2) An offer of technical assistance in resolving the complaint;

(3) A statement that the public agency has the opportunity to propose, at the public agency's discretion, a resolution of the complaint;

(4) Notification of the opportunity for the parties to engage voluntarily in mediation;

(5) A request that the public agency submit within 10 business days of receipt of the letter of notification either:

(a) Written documentation that the complaint has been resolved; or

(b) If the complaint was not resolved, a written response, including all requested documentation. A copy of the response, along with all submitted documentation, shall simultaneously be sent by the public agency to the parents of the child who is the subject of the complaint or their attorney. If the complaint was filed by another individual, the public agency shall also simultaneously send the response and submitted documentation to that individual if a release signed by the parents has been provided.

b. The notification sent to the complainant and the public agency shall provide the complainant and the public agency with an opportunity to submit additional information about the allegations in the complaint, either orally or in writing. The Virginia Department of Education shall establish a timeline in the notification letter for submission of any additional information so as not to delay completion of the investigation within 60 calendar days.

c. If the complaint is filed by an individual other than the child's parent or the parent's legal counsel, the Virginia Department of Education sends written notification to the complainant acknowledging receipt of the complaint. The complainant is notified that the parent will be informed of the receipt of the complaint and provided a copy of the complaint and pertinent correspondence. The Virginia Department of Education shall determine on a case-by-case basis what information must be withheld when resolving a complaint filed by someone other than the child's parent and the parent has not consented to the release of the child's personally identifiable information.

  1. If a reply from the public agency is not filed with the Virginia Department of Education within 10 business days of the receipt of the notice, the Virginia Department of Education shall send a second notice to the public agency advising that failure to respond within seven business days of the date of such notice will result in review by the Superintendent of Public Instruction or designee for action regarding appropriate sanctions.

  2. The Virginia Department of Education shall review the complaint and reply filed by the public agency to determine if further investigation or corrective action needs to be taken.

a. If the complaint is also the subject of a due process hearing or if it contains multiple issues of which one or more are part of that due process hearing, the Virginia Department of Education shall:

(1) Set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing; and

(2) Resolve any issue in the complaint that is not a part of the due process hearing involving the same parties.

b. If an issue raised in the complaint has previously been decided in a due process hearing involving the same parties, the Virginia Department of Education shall inform the complainant that the due process hearing decision is binding.

c. The Virginia Department of Education shall resolve a complaint alleging that the public agency has failed to implement a due process hearing decision.

  1. During the course of the investigation, the Virginia Department of Education shall:

a. Conduct an investigation of the complaint that shall include a complete review of all relevant documentation and may include interviews with appropriate individuals, and an independent on-site investigation, if necessary.

b. Consider all facts and issues presented and the applicable requirements specified in law, regulations, or standards.

c. Make a determination of compliance or noncompliance on each issue in the complaint based upon the facts and applicable law, regulations, or standards and notify the parties in writing of the findings and the bases for such findings.

(1) The Virginia Department of Education has 60 calendar days after the valid written complaint is received to carry out the investigation and to resolve the complaint.

(2) An extension of the 60-calendar-day time limit may occur if exceptional circumstances exist with respect to a particular complaint or if the parties involved agree to extend the time to engage in mediation or other alternative means of dispute resolution.

(3) Both parties to the complaint will be notified in writing by the Virginia Department of Education of the exceptional circumstances, if applicable, and the extended time limit.

d. Ensure that the Virginia Department of Education's final decision is effectively implemented, if needed, through:

(1) Technical assistance activities;

(2) Negotiations; and

(3) Corrective actions to achieve compliance.

e. Report findings of noncompliance and corresponding recommendations to the party designated by the Superintendent of Public Instruction for review, or where appropriate, directly to the Superintendent of Public Instruction for further action.

f. Notify the parties in writing of any needed corrective actions and the specific steps that shall be taken by the public agency to bring it into compliance with applicable timelines.

  1. In resolving a complaint in which a failure to provide appropriate services is found, the Virginia Department of Education shall address:

a. The failure to provide appropriate services, including corrective action appropriate to address the needs of the child, including compensatory services, monetary reimbursement, or other corrective action appropriate to the needs of the child; and

b. Appropriate future provision of services for all children with disabilities.

E. Parties to the complaint procedures shall have the right to appeal the final decision to the Virginia Department of Education within 30 calendar days of the issuance of the decision in accordance with procedures established by the Virginia Department of Education.

F. When the public agency develops a plan of action to correct the violations, such plan shall include timelines to correct violations not to exceed 30 business days unless circumstances warrant otherwise. The plan of action will also include a description of all changes contemplated and shall be subject to approval of the Virginia Department of Education.

G. If the public agency does not come into compliance within the period of time set forth in the notification, the matter will be referred to the Superintendent of Public Instruction or designee for an agency review and referral to the Virginia Board of Education, if deemed necessary.

H. If, after reasonable notice and opportunity for a hearing by the Virginia Board of Education, under the provisions of 8VAC20-81-290, it is determined that the local educational agency has failed to comply with applicable laws and regulations and determines that compliance cannot be secured by voluntary means, then the Superintendent of Public Instruction shall issue a decision in writing stating that state and federal funds for the education of children with disabilities shall not be made available to that local educational agency until there is no longer any failure to comply with the applicable law or regulation. (§ 22.1-214 E of the Code of Virginia)

I. The Virginia Department of Education's complaint procedures shall be widely disseminated to parents and other interested individuals, including parent training and information centers, protection and advocacy agencies, independent living centers, and other appropriate entities. (34 CFR 300.151)

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; amended, Virginia Register Volume 40, Issue 26, eff. September 16, 2024.
8VAC20-81-210 Due process hearing

A. The Virginia Department of Education provides for an impartial special education due process hearing system to resolve disputes between parents and public agencies with respect to any matter relating to the: (§ 22.1-214 of the Code of Virginia; 34 CFR 300.121 and 34 CFR 300.507 through 34 CFR 300.518)

  1. Identification of a child with a disability, including initial eligibility, any change in categorical identification, and any partial or complete termination of special education and related services;

  2. Evaluation of a child with a disability (including disagreements regarding payment for an independent educational evaluation);

  3. Educational placement and services of the child; and

  4. Provision of a free appropriate public education to the child.

B. The Virginia Department of Education uses the impartial hearing officer system that is administered by the Supreme Court of Virginia.

C. The Virginia Department of Education uses the list of hearing officers maintained by the Office of the Executive Secretary of the Supreme Court of Virginia and its Rules of Administration for the names of individuals to serve as special education hearing officers. In accordance with the Rules of Administration, the Virginia Department of Education provides the Office of the Executive Secretary annually the names of those special education hearing officers who are recertified to serve in this capacity.

D. The Virginia Department of Education establishes procedures for:

  1. Providing special education hearing officers specialized training on the federal and state special education law and regulations, as well as associated laws and regulations impacting children with disabilities, knowledge of disabilities and special education programs, case law, management of hearings, and decision writing.

  2. Establishing the number of special education hearing officers who shall be certified to hear special education due process cases.

a. The Virginia Department of Education shall review annually its current list of special education hearing officers and determine the recertification status of each hearing officer.

b. Notwithstanding anything to the contrary in this subdivision, individuals on the special education hearing officers list on July 7, 2009, shall be subject to the Virginia Department of Education's review of recertification status based on past and current performance.

c. The ineligibility of a special education hearing officer continuing to serve in this capacity shall be based on the factors listed in subdivision 3 c of this subsection.

  1. Evaluation, continued eligibility, and disqualification requirements of special education hearing officers:

a. The Virginia Department of Education shall establish procedures for evaluating special education hearing officers.

b. The first review of the recertification status of each special education hearing officer will be conducted within a reasonable time following July 7, 2009.

c. In considering whether a special education hearing officer will be certified or recertified, the Virginia Department of Education shall determine the number of hearing officers needed to hear special education due process cases, and consider matters related to the special education hearing officer's adherence to the factors in subdivision H 5 of this section, as well as factors involving the special education hearing officer's:

(1) Issuing an untimely decision, or failing to render decision within regulatory timeframes;

(2) Unprofessional demeanor;

(3) Inability to conduct an orderly hearing;

(4) Inability to conduct a hearing in conformity with the federal and state laws and regulations regarding special education;

(5) Improper ex parte contacts;

(6) Violations of due process requirements;

(7) Mental or physical incapacity;

(8) Unjustified refusal to accept assignments;

(9) Failure to complete training requirements as outlined by the Virginia Department of Education;

(10) Professional disciplinary action; or

(11) Issuing a decision that contains:

(a) Inaccurate appeal rights of the parents; or

(b) No controlling case or statutory authority to support the findings.

d. When a special education hearing officer has been denied certification or recertification based on the factors in subdivision 3 c of this section, the Virginia Department of Education shall notify the special education hearing officer and the Office of the Executive Secretary of the Supreme Court of Virginia that the hearing officer is no longer certified to serve as a special education hearing officer.

Upon notification of denial of certification or recertification, the hearing officer may, within 10 calendar days of the postmark of the letter of notification, request of the Superintendent of Public Instruction, or his designee, reconsideration of the decision. Such request shall be in writing and shall contain any additional information desired for consideration. The Superintendent of Public Instruction, or his designee, shall render a decision within 10 calendar days of receipt of the request for reconsideration. The Virginia Department of Education shall notify the hearing officer and the Office of the Executive Secretary of the Supreme Court of Virginia of its decision.

  1. Reviewing and analyzing the decisions of special education hearing officers, and the requirement for special education hearing officers to reissue decisions, relative to correct use of citations, readability, and other errors such as incorrect names or conflicting data, but not errors of law that are reserved for appellate review.

E. Filing the request for a due process hearing. If any of the following provisions are challenged by one of the parties in a due process hearing, the special education hearing officer determines the outcome of the case going forward.

  1. The request for due process shall allege a violation that happened not more than two years before the parent or the public agency knew or should have known about the alleged action that forms the basis of the request for due process. This timeline does not apply if the request for a due process hearing could not be filed because: (34 CFR 300.507(a) and 34 CFR 300.511(e) and (f))

a. The local educational agency specifically misrepresented that it had resolved the issues identified in the request; or

b. The local educational agency withheld information that it was required to provide under the IDEA.

  1. A public agency may initiate a due process hearing to resolve a disagreement when the parent withholds or refuses consent for an evaluation or an action that requires parental consent to provide services to a student who has been identified as a student with a disability or who is suspected of having a disability. However, a public agency may not initiate a due process hearing to resolve parental withholding or refusing consent for the initial provision of special education to the child. (34 CFR 300.300(a)(3)(i) and 34 CFR 300.300(b)(3))

  2. In circumstances involving disciplinary actions, the parent of a student with a disability may request an expedited due process hearing if the parent disagrees with: (34 CFR 300.532)

a. The manifestation determination regarding whether the child's behavior was a manifestation of the child's disability; or

b. Any decision regarding placement under the disciplinary procedures.

  1. In circumstances involving disciplinary actions, the local educational agency may request an expedited hearing if the school division believes that maintaining the current placement of the child is substantially likely to result in injury to the child or others. (34 CFR 300.532)

F. Procedure for requesting a due process hearing. (34 CFR 300.504(a)(2), 34 CFR 300.507, 34 CFR 300.508 and 34 CFR 300.511)

  1. A request for a hearing shall be made in writing to the Virginia Department of Education. A copy of that request shall be delivered contemporaneously by the requesting party to the other party.

a. If the local educational agency initiates the due process hearing, the local educational agency shall advise the parent and the Virginia Department of Education in writing of this action.

b. If the request is received solely by the Virginia Department of Education, the Virginia Department of Education shall immediately notify the local educational agency by telephone or by facsimile and forward a copy of the request to the local educational agency as soon as reasonably possible, including those cases where mediation is requested.

c. The request for a hearing shall be kept confidential by the local educational agency and the Virginia Department of Education.

  1. A party may not have a due process hearing until that party or the attorney representing the party files a notice that includes:

a. The name of the child;

b. The address of the residence of the child (or available contact information in the case of a homeless child);

c. The name of the school the child is attending;

d. A description of the nature of the child's problem relating to the proposed or refused initiation or change, including facts relating to the problem; and

e. A proposed resolution of the problem to the extent known and available to the parent at the time of the notice.

  1. The due process notice shall be deemed sufficient unless the party receiving the notice notifies the special education hearing officer and the other party in writing that the receiving party believes the notice has not met the requirements listed in subdivision 2 of this subsection.

  2. The party receiving the notice may challenge the sufficiency of the due process notice by providing a notification of the challenge to the special education hearing officer within 15 calendar days of receipt the due process request. A copy of the challenge shall be sent to the other party and the Virginia Department of Education.

  3. Within five calendar days of receipt of the notification challenging the sufficiency of the due process notice, the special education hearing officer shall determine on the face of the notice whether the notification meets the requirements in subdivision 2 of this subsection.

  4. The special education hearing officer has the discretionary authority to permit either party to raise issues at the hearing that were not raised in the notice by the party requesting the due process hearing in light of particular facts and circumstances of the case.

  5. The local educational agency shall upon receipt of a request for a due process hearing, inform the parent of the availability of mediation described in 8VAC20-81-190 and of any free or low-cost legal and other relevant services available in the area. The local educational agency also shall provide the parent with a copy of the procedural safeguards notice upon receipt of the parent's first request for a due process hearing in a school year.

G. Amendment of due process notice. (34 CFR 300.508(d)(3))

  1. A party may amend its due process notice only if:

a. The other party consents in writing to such amendment and is given the opportunity to resolve the complaint through a resolution meeting; or

b. The special education hearing officer grants permission, except that the special education hearing officer may only grant such permission at any time not later than five calendar days before a due process hearing occurs.

  1. The applicable timeline for a due process hearing under this part shall begin again at the time the party files an amended notice, including the timeline for resolution sessions.

H. Assignment of the special education hearing officer. (34 CFR 300.511)

  1. Within five business days of receipt of the request for a nonexpedited hearing and three business days of receipt of the request for an expedited hearing:

a. The local educational agency shall contact the Supreme Court of Virginia for the appointment of the special education hearing officer.

b. The local educational agency contacts the special education hearing officer to confirm availability, and upon acceptance, notifies the special education hearing officer in writing, with a copy to the parent and the Virginia Department of Education of the appointment.

  1. Upon request, the Virginia Department of Education shall share information on the qualifications of the special education hearing officer with the parent and the local educational agency.

  2. Either party has five business days after notice of the appointment is received or the basis for the objection becomes known to the party to object to the appointment by presenting a request for consideration of the objection to the special education hearing officer.

a. If the special education hearing officer's ruling on the objection does not resolve the objection, then within five business days of receipt of the ruling the party may proceed to file an affidavit with the Executive Secretary of the Supreme Court of Virginia. The failure to file a timely objection serves as a waiver of objections that were known or should have been known to the party.

b. The filing of a request for removal or disqualification shall not stay the proceedings or filing requirements in any way except that the hearing may not be conducted until the Supreme Court of Virginia issues a decision on the request in accordance with its procedures.

c. If a special education hearing officer recuses himself or is otherwise disqualified, the Supreme Court of Virginia shall ensure that another special education hearing officer is promptly appointed.

  1. A hearing shall not be conducted by a person who:

a. Has a personal or professional interest that would conflict with that person's objectivity in the hearing;

b. Is an employee of the Virginia Department of Education or the local educational agency that is involved in the education and care of the child. A person who otherwise qualifies to conduct a hearing is not an employee of the agency solely because he is paid by the agency to serve as a special education hearing officer; or

c. Represents schools or parents in any matter involving special education or disability rights, or is an employee of any parent rights agency or organization, or disability rights agency or organization.

  1. A special education hearing officer shall:

a. Possess knowledge of, and the ability to understand, the provisions of the Act, federal and state regulations pertaining to the Act, and legal interpretations of the Act by federal and state courts;

b. Possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and

c. Possess the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice.

I. Duration of the special education hearing officer's authority.

  1. The special education hearing officer's authority begins with acceptance of the case assignment.

  2. The special education hearing officer has authority over a due process proceeding until:

a. Issuance of the special education hearing officer's decision; or

b. The Supreme Court of Virginia revokes such authority by removing or disqualifying the special education hearing officer.

J. Child's status during administrative or judicial proceedings. (34 CFR 300.518; 34 CFR 300.533)

  1. Except as provided in 8VAC20-81-160, during the pendency of any administrative or judicial proceeding, the child shall remain in the current educational placement unless the parent of the child and local educational agency agree otherwise;

  2. If the proceeding involves an application for initial admission to public school, the child, with the consent of the parent, shall be placed in the public school until the completion of all the proceedings;

  3. If the decision of a special education hearing officer agrees with the child's parent that a change of placement is appropriate, that placement shall be treated as an agreement between the local educational agency and the parent for the purposes of subdivision 1 of this section;

  4. The child's placement during administrative or judicial proceedings regarding a disciplinary action by the local educational agency shall be in accordance with 8VAC20-81-160;

  5. The child's placement during administrative or judicial proceedings regarding a placement for noneducational reasons by a Children's Services Act team shall be in accordance with 8VAC20-81-150; or

  6. If the proceeding involves an application for initial services under Part B of the Act from Part C and the child is no longer eligible for Part C services because the child has turned three, the school division is not required to provide the Part C services that the child had been receiving. If the child is found eligible for special education and related services under Part B and the parent consents to the initial provision of special education and related services, the school division shall provide those special education and related services that are not in dispute between the agency and the school division.

K. Rights of parties in the hearing. (§ 22.1-214 C of the Code of Virginia; 34 CFR 300.512)

  1. Any party to a hearing has the right to:

a. Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities;

b. Present evidence and confront, cross-examine, and request that the special education hearing officer compel the attendance of witnesses;

c. Move that the special education hearing officer prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five business days before the hearing;

d. Obtain a written or, at the option of the parent, electronic, verbatim record of the hearing; and

e. Obtain written or, at the option of the parent, electronic findings of fact and decisions.

  1. Additional disclosure of information shall be given as follows:

a. At least five business days prior to a hearing, each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering party's evaluations that the party intends to use at the hearing; and

b. A special education hearing officer may bar any party that fails to comply with subdivision 2 a of this subsection from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.

  1. Parental rights at hearings.

a. A parent involved in a hearing shall be given the right to:

(1) Have the child who is the subject of the hearing present; and

(2) Open the hearing to the public.

b. The record of the hearing and the findings of fact and decisions shall be provided at no cost to the parent, even though the applicable appeal period has expired.

L. Responsibilities of the Virginia Department of Education. The Virginia Department of Education shall: (34 CFR 300.513(d), 34 CFR 300.509 and 34 CFR 300.511)

  1. Maintain and monitor the due process hearing system and establish procedures for its operation;

  2. Ensure that the local educational agency discharges its responsibilities in carrying out the requirements of state and federal statutes and regulations;

  3. Develop and disseminate a model form to be used by the parent to give notice in accordance with the contents of the notice listed in subdivision F 2 of this section;

  4. Maintain and ensure that each local educational agency maintains a list of persons who serve as special education hearing officers. This list shall include a statement of the qualifications of each special education hearing officer;

  5. Provide findings and decisions of all due process hearings to the state special education advisory committee and to the public after deleting any personally identifiable information;

  6. Review and approve implementation plans filed by local educational agencies pursuant to hearing officer decisions in hearings that have been fully adjudicated; and

  7. Ensure that noncompliance findings identified through due process or court action are corrected as soon as possible, but in no case later than one year from identification.

M. Responsibilities of the parent. In a due process hearing, the parent shall: (34 CFR 300.512)

  1. Decide whether the hearing will be open to the public;

  2. Make timely and necessary responses to the special education hearing officer personally or through counsel or other authorized representatives;

  3. Assist in clarifying the issues for the hearing and participate in the pre-hearing conference scheduled by the special education hearing officer;

  4. Provide information to the special education hearing officer to assist in the special education hearing officer's administration of a fair and impartial hearing;

  5. Provide documents and exhibits necessary for the hearing within required timelines; and

  6. Comply with timelines, orders, and requests of the special education hearing officer.

N. Responsibilities of the public agency. The public agency shall: (34 CFR 300.504, 34 CFR 300.506, 34 CFR 300.507 and 34 CFR 300.511)

  1. Maintain a list of the persons serving as special education hearing officers. This list shall include a statement of the qualifications of each special education hearing officer;

  2. Upon request, provide the parent a form for use to provide notice that they are requesting a due process hearing;

  3. Provide the parent a copy of their procedural safeguards upon receipt of the parent's first request for a due process hearing in a school year;

  4. Inform the parent at the time the request is made of the availability of mediation;

  5. Inform the parent of any free or low-cost legal and other relevant services if the parent requests it, or anytime the parent or the local educational agency initiates a hearing;

  6. Assist the special education hearing officer, upon request, in securing the location, transcription, and recording equipment for the hearing;

  7. Make timely and necessary responses to the special education hearing officer;

  8. Assist in clarifying the issues for the hearing and participate in the pre-hearing conference scheduled by the special education hearing officer;

  9. Upon request, provide information to the special education hearing officer to assist in the special education hearing officer's administration of a fair and impartial hearing;

  10. Provide documents and exhibits necessary for the hearing within required timelines;

  11. Comply with timelines, orders, and requests of the special education hearing officer;

  12. Maintain a file, which is a part of the child's scholastic record, containing communications, exhibits, decisions, and mediation communications, except as prohibited by laws or regulations;

  13. Forward all necessary communications to the Virginia Department of Education and parties as required;

  14. Notify the Virginia Department of Education when a special education hearing officer's decision has been appealed to court by either the parent or the local educational agency;

  15. Forward the record of the due process proceeding to the appropriate court for any case that is appealed;

  16. Develop and submit to the Virginia Department of Education an implementation plan, with copy to the parent, within 45 calendar days of the hearing officer's decision in hearings that have been fully adjudicated.

a. If the decision is appealed or the local educational agency is considering an appeal and the decision is not an agreement by the hearing officer with the parent that a change in placement is appropriate, then the decision and submission of implementation plan is held in abeyance pursuant to the appeal proceedings.

b. In cases where the decision is an agreement by the hearing officer with the parent that a change in placement is appropriate, the hearing officer's decision must be implemented while the case is appealed and an implementation plan must be submitted by the local educational agency.

c. The implementation plan:

(1) Must be based upon the decision of the hearing officer;

(2) Shall include the revised IEP if the decision affects the child's educational program; and

(3) Shall contain the name and position of a case manager in the local educational agency charged with implementing the decision; and

  1. Provide the Virginia Department of Education, upon request, with information and documentation that noncompliance findings identified through due process or court action are corrected as soon as possible but in no case later than one year from issuance of the special education hearing officer's decision.

O. Responsibilities of the special education hearing officer. The special education hearing officer shall: (34 CFR 300.511 through 34 CFR 300.513; and 34 CFR 300.532)

  1. Within five business days of agreeing to serve as the special education hearing officer, secure a date, time, and location for the hearing that are convenient to both parties, and notify both parties to the hearing and the Virginia Department of Education, in writing, of the date, time, and location of the hearing.

  2. Ascertain whether the parties will have attorneys or others assisting them at the hearing. The special education hearing officer shall send copies of correspondence to the parties or their attorneys.

  3. Conduct a prehearing conference via a telephone conference call or in person unless the special education hearing officer deems such conference unnecessary. The prehearing conference may be used to clarify or narrow issues and determine the scope of the hearing. If a prehearing conference is not held, the special education hearing officer shall document in the written prehearing report to the Virginia Department of Education the reason for not holding the conference.

  4. Upon request by one of the parties to schedule a prehearing conference, determine the scope of the conference and conduct the conference via telephone call or in person. If the special education hearing officer deems such conference unnecessary, the special education hearing officer shall document in writing to the parties, with copy to the Virginia Department of Education, the reason for not holding the conference.

  5. At the prehearing stage:

a. Discuss with the parties the possibility of pursuing mediation and review the options that may be available to settle the case;

b. Determine when an IDEA due process notice also indicates a Section 504 dispute, whether to hear both disputes in order to promote efficiency in the hearing process and avoid confusion about the status of the Section 504 dispute; and

c. Document in writing to the parties, with copy to the Virginia Department of Education, prehearing determinations including a description of the right to appeal the case directly to either a state or federal court.

  1. Monitor the mediation process, if the parties agree to mediate, to ensure that mediation is not used to deny or delay the right to a due process hearing, that parental rights are protected, and that the hearing is concluded within regulatory timelines.

  2. Ascertain from the parent whether the hearing will be open to the public.

  3. Ensure that the parties have the right to a written or, at the option of the parent, an electronic verbatim record of the proceedings and that the record is forwarded to the local educational agency for the file after making a decision.

  4. Receive a list of witnesses and documentary evidence for the hearing (including all evaluations and related recommendations that each party intends to use at the hearing) no later than five business days prior to the hearing.

  5. Ensure that the local educational agency has appointed a surrogate parent in accordance with 8VAC20-81-220 when the parent or guardian is not available or cannot be located.

  6. Ensure that an atmosphere conducive to fairness is maintained at all times in the hearing.

  7. Not require the parties or their representatives to submit briefs as a condition of rendering a decision. The special education hearing officer may permit parties to submit briefs, upon the parties' request.

  8. Base findings of fact and decisions solely upon the preponderance of the evidence presented at the hearing and applicable state and federal law and regulations.

  9. Report findings of fact and decisions in writing to the parties and their attorneys and the Virginia Department of Education. If the hearing is an expedited hearing, the special education hearing officer may issue an oral decision at the conclusion of the hearing, followed by a written decision within 10 school days of the hearing being held.

  10. Include in the written findings:

a. Findings of fact relevant to the issues that are determinative of the case;

b. Legal principles upon which the decision is based, including references to controlling case law, statutes, and regulations;

c. An explanation of the basis for the decision for each issue that is determinative of the case; and

d. If the special education hearing officer made findings that required relief to be granted, then an explanation of the relief granted may be included in the decision.

  1. Subject to the procedural determinations described in subdivision 17 of this subsection, the decision made by a special education hearing officer shall be made on substantive grounds based on a determination of whether the child received a free appropriate public education.

  2. In matters alleging a procedural violation, a special education hearing officer may find that a child did not receive a free appropriate public education only if the procedural inadequacies:

a. Impeded the child's right to a free appropriate public education;

b. Significantly impeded the parent's opportunity to participate in the decision making process regarding the provision of a free appropriate public education to the parent's child; or

c. Caused a deprivation of educational benefits. Nothing in this subdivision shall be construed to preclude a special education hearing officer from ordering a public agency to comply with procedural requirements under 34 CFR 300.500 through 34 CFR 300.536.

  1. Maintain a well-documented record and return the official record to the local educational agency upon conclusion of the case.

  2. Determine in a hearing regarding a manifestation determination whether the local educational agency has demonstrated that the child's behavior was not a manifestation of the child's disability consistent with the requirements in 8VAC20-81-160.

P. Authority of the special education hearing officer. The special education hearing officer has the authority to: (§ 22.1-214 B of the Code of Virginia; 34 CFR 300.515, 34 CFR 300.512 and 34 CFR 300.532)

  1. Exclude any documentary evidence that was not provided and any testimony of witnesses who were not identified at least five business days prior to the hearing;

  2. Bar any party from introducing evaluations or recommendations at the hearing that have not been disclosed to all other parties at least five business days prior to the hearing without the consent of the other party;

  3. Issue subpoenas requiring testimony or the productions of books, papers, and physical or other evidence:

a. The special education hearing officer shall rule on any party's motion to quash or modify a subpoena. The special education hearing officer shall issue the ruling in writing to all parties with copy to the Virginia Department of Education.

b. The special education hearing officer or a party may request an order of enforcement for a subpoena in the circuit court of the jurisdiction in which the hearing is to be held.

c. Any person so subpoenaed may petition the circuit court for a decision regarding the validity of such subpoena if the special education hearing officer does not quash or modify the subpoena after objection;

  1. Administer an oath to witnesses testifying at a hearing and require all witnesses to testify under oath or affirmation when testifying at a hearing;

  2. Stop hostile or irrelevant pursuits in questioning and require that the parties and their attorneys, advocates, or advisors comply with the special education hearing officer's rules and with relevant laws and regulations;

  3. Excuse witnesses after they testify to limit the number of witnesses present at the same time or sequester witnesses during the hearing;

  4. Refer the matter in dispute to a conference between the parties when informal resolution and discussion appear to be desirable and constructive. This action shall not be used to deprive the parties of their rights and shall be exercised only when the special education hearing officer determines that the best interests of the child will be served;

  5. Require an independent educational evaluation of the child. This evaluation shall be at public expense and shall be conducted in accordance with 8VAC20-81-170;

  6. At the request of either party for a nonexpedited hearing, grant specific extensions of time beyond the periods set out in this chapter, if in the best interest of the child. This action shall in no way be used to deprive the parties of their rights and shall be exercised only when the requesting party has provided sufficient information that the best interests of the child will be served by the grant of an extension. The special education hearing officer may grant such requests for cause, but not for personal attorney convenience. Changes in hearing dates or timeline extensions shall be noted in writing and sent to all parties and to the Virginia Department of Education;

  7. Take action to move the case to conclusion, including dismissing the pending proceeding if either party refuses to comply in good faith with the special education hearing officer's orders;

  8. Set guidelines regarding media coverage if the hearing is open to the public;

  9. Enter a disposition as to each determinative issue presented for decision and identify and determine the prevailing party on each issue that is decided; and

  10. Hold an expedited hearing when a parent of a child with a disability disagrees with any decision regarding a change in placement for a child who violates a code of student conduct, or a manifestation determination, or a local educational agency believes that maintaining the current placement of the child is substantially likely to result in injury to the child or others.

a. The hearing shall occur within 20 school days of the date the due process notice is received. The special education hearing officer shall make a determination within 10 school days after the hearing.

b. Unless the parents and local educational agency agree in writing to waive the resolution meeting or agree to use the mediation process:

(1) A resolution meeting shall occur within seven days of receiving notice of the due process notice; and

(2) The due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 calendar days of the receipt of the due process notice.

c. Once a determination is made, the special education hearing officer may:

(1) Return the child with a disability to the placement from which the child was removed if the special education hearing officer determines that the removal was a violation of special education disciplinary procedures or that the child's behavior was a manifestation of the child's disability; or

(2) Order a change of placement of the child with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the special education hearing officer determines that maintaining the current placement of the child is substantially likely to result in injury to the child or to others.

Q. Timelines for nonexpedited due process hearings. (34 CFR 300.510 and 34 CFR 300.515)

  1. Resolution meeting.

a. Within 15 days of receiving notice of the parent's due process notice, and prior to the initiation of the due process hearing, the school division shall convene a meeting with the parent and the relevant members of the IEP Team who have specific knowledge of the facts identified in the due process notice that:

(1) Includes a representative of the local educational agency who has decision making authority on behalf of the local educational agency; and

(2) May not include an attorney of the local educational agency unless the parent is accompanied by an attorney.

b. The purpose of the meeting is for the parent of the child to discuss the due process issues, and the facts that form the basis of the due process request, so that the local educational agency has the opportunity to resolve the dispute that is the basis for the due process request.

c. The meeting described in subdivisions 1 a and 1 b of this subsection need not be held if:

(1) The parent and the local educational agency agree in writing to waive the meeting; or

(2) The parent and the local educational agency agree to use the mediation process described in this chapter.

d. The parent and the local educational agency determine the relevant members of the IEP Team to attend the meeting.

e. The parties may enter into a confidentiality agreement as part of their resolution agreement. There is nothing in this chapter, however, that requires the participants in a resolution meeting to keep the discussion confidential or make a confidentiality agreement a condition of a parent's participation in the resolution meeting.

  1. Resolution period.

a. If the local educational agency has not resolved the due process issues to the satisfaction of the parent within 30 calendar days of the receipt of the due process notice, the due process hearing may occur.

b. Except as provided in subdivision 3 of this subsection, the timeline for issuing a final decision begins at the expiration of this 30-calendar-day period.

c. Except where the parties have jointly agreed to waive the resolution process or to use mediation, notwithstanding subdivisions 2 a and 2 b of this subsection, the failure of the parent filing a due process notice to participate in the resolution meeting delays the timelines for the resolution process and the due process hearing until the meeting is held.

d. If the local educational agency is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made (and documented in accordance with the provision in 8VAC20-81-110 E 4), the local educational agency may at the conclusion of the 30-calendar-day period, request that a special education hearing officer dismiss the parent's due process request.

e. If the local educational agency fails to hold the resolution meeting specified in subdivision 1 a of this subsection within 15 calendar days of receiving notice of a parent's request for due process or fails to participate in the resolution meeting, the parent may seek the intervention of a special education hearing officer to begin the due process hearing timeline.

  1. Adjustments to 30-calendar-day resolution period. The 45-calendar-day timeline for the due process starts the day after one of the following events:

a. Both parties agree in writing to waive the resolution meeting;

b. After either the mediation or resolution meeting starts but before the end of the 30-calendar-day period, the parties agree in writing that no agreement is possible; or

c. If both parties agree in writing to continue the mediation at the end of the 30-calendar-day resolution period, but later, the parent or local educational agency withdraws from the mediation process.

  1. Written settlement agreement. If a resolution to the dispute is reached at the meeting described in subdivisions 1 a and 1 b of this subsection, the parties shall execute a legally binding agreement that is:

a. Signed by both the parent and a representative of the local educational agency who has the authority to bind the local educational agency; and

b. Enforceable in any Virginia court of competent jurisdiction or in a district court of the United States.

  1. Agreement review period. If the parties execute an agreement pursuant to subdivision 4 of this subsection, a party may void the agreement within three business days of the agreement's execution.

  2. The special education hearing officer shall ensure that, not later than 45 calendar days after the expiration of the 30-calendar-day period under subdivision 2 or the adjusted time periods described in subdivision 3 of this subsection:

a. A final decision is reached in the hearing; and

b. A copy of the decision is mailed to each of the parties.

  1. The special education hearing officer shall document in writing, within five business days, changes in hearing dates or extensions and send documentation to all parties and the Virginia Department of Education.

  2. Each hearing involving oral arguments shall be conducted at a time and place that is reasonably convenient to the parent and child involved.

  3. The local educational agency is not required to schedule a resolution session if the local educational agency requests the due process hearing. The 45-day timeline for the special education hearing officer to issue the decision after the local educational agency's request for a due process hearing is received by the parent and the Virginia Department of Education. However, if the parties elect to use mediation, the 30-day resolution process is still applicable.

R. Timelines for expedited due process hearings. (34 CFR 300.532(c))

  1. The expedited due process hearing shall occur within 20 school days of the date the due process request is received. The special education hearing officer shall make a determination within 10 school days after the hearing.

  2. Unless the parents and local educational agency agree in writing to waive the resolution meeting or agree to use the mediation process described in 8VAC20-81-190:

a. A resolution meeting shall occur within seven days of receiving notice of the due process complaint.

b. The due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of the receipt of the due process complaint.

c. The resolution period is part of, and not separate from, the expedited due process hearing timeline.

  1. Document in writing within five business days any changes in hearing dates and send documentation to all parties and the Virginia Department of Education.

S. Costs of due process hearing and attorney fees. (34 CFR 300.517)

  1. The costs of an independent educational evaluation ordered by the special education hearing officer, special education hearing officer, court reporters, and transcripts are shared equally by the local educational agency and the Virginia Department of Education.

  2. The local educational agency is responsible for its own attorney fees.

  3. The parents are responsible for their attorney fees. If the parent is the prevailing party, the parent has the right to petition either a state circuit court or a federal district court for an award of reasonable attorney fees as part of the costs.

  4. A state circuit court or a federal district court may award reasonable attorney fees as part of the costs to the parent of a child with a disability who is the prevailing party.

  5. The court may award reasonable attorney fees only if the award is consistent with the limitations, exclusions, exceptions, and reductions in accordance with the Act and its implementing regulations and 8VAC20-81-310.

T. Right of appeal. (34 CFR 300.516; § 22.1-214 D of the Code of Virginia)

  1. A decision by the special education hearing officer in any hearing, including an expedited hearing, is final and binding unless the decision is appealed by a party in a state circuit court within 180 days of the issuance of the decision, or in a federal district court within 90 days of the issuance of the decision. The appeal may be filed in either a state circuit court or a federal district court without regard to the amount in controversy. The district courts of the United States have jurisdiction over actions brought under § 1415 of the Act without regard to the amount in controversy.

  2. On appeal, the court receives the record of the administrative proceedings, hears additional evidence at the request of a party, bases its decision on a preponderance of evidence, and grants the relief that the court determines to be appropriate.

  3. If the special education hearing officer's decision is appealed in court, implementation of the special education hearing officer's order is held in abeyance except in those cases where the special education hearing officer has agreed with the child's parent that a change in placement is appropriate in accordance with subsection J of this section. In those cases, the special education hearing officer's order shall be implemented while the case is being appealed.

  4. If the special education hearing officer's decision is not implemented, a complaint may be filed with the Virginia Department of Education for an investigation through the provisions of 8VAC20-81-200.

U. Nothing in this chapter prohibits or limits rights under other federal laws or regulations. (34 CFR 300.516)

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; Errata, 25:23 VA.R. 4262 July 20, 2009; Errata, 26:4 VA.R. 447-448 October 26, 2009; amended, Virginia Register Volume 26, Issue 8, eff. January 25, 2010; Volume 40, Issue 26, eff. September 16, 2024; Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-81-220 Surrogate parent procedures

A. Role of surrogate parent. The surrogate parent appointed in accordance with this section represents the child in all matters relating to the identification, evaluation, or educational placement of the child; or the provision of a free appropriate public education to the child. (34 CFR 300.519(g))

B. Appointment of surrogate parents.

  1. Children, aged two to 21, inclusive, who are suspected of having or determined to have disabilities do not require a surrogate parent if the parent(s) or guardians are allowing relatives or private individuals to act as a parent.

  2. Unless the exception outlined in subdivision 1 of this subsection applies, the local educational agency shall appoint a surrogate parent for a child, aged two to 21, inclusive, who is suspected of having or determined to have a disability when: (34 CFR 300.519(a))

a. No parent, as defined in 8VAC20-81-10, can be identified;

b. The local educational agency, after reasonable efforts, cannot discover the whereabouts of a parent;

c. The child is a ward of the state and either subdivision 2 a or 2 b of this subsection is also met; or

d. The child is an unaccompanied homeless youth as defined in § 725(6) of the McKinney-Vento Homeless Assistance Act (42 USC § 11434a(6)) and § 22.1-3 of the Code of Virginia and either subdivision 2 a or 2 b of this subsection is met.

  1. The local educational agency shall appoint a surrogate parent as the educational representative for a child who reaches the age of majority if the local educational agency has received written notification that the child is not competent to provide informed consent in accordance with 8VAC20-81-180 C 3 or C 4 and no family member is available to serve as the child's educational representative.

  2. If the child is a ward of the state, the judge overseeing the child's case may appoint a surrogate parent as the educational representative of the child. The appointed surrogate shall meet the requirements of subdivision E 1 c of this section. (34 CFR 300.519(c))

C. Procedures for surrogate parents.

  1. The local educational agency shall establish procedures in accordance with the requirements of this chapter, for determining whether a child needs a surrogate parent. (34 CFR 300.519(b))

  2. The local educational agency shall establish procedures for assigning a surrogate parent to an eligible child. The surrogate parent shall be appointed by the local educational agency superintendent or designee within 30 calendar days of the determination that a surrogate parent is necessary. (34 CFR 300.519(b) and (h))

a. The appointment having been effected, the local educational agency shall notify in writing:

(1) The child with a disability, aged two to 21, inclusive, as appropriate to the disability;

(2) The surrogate parent-appointee; and

(3) The person charged with responsibility for the child.

b. The surrogate parent serves for the duration of the school year for which the surrogate parent is appointed unless a shorter time period is appropriate given the content of the child's IEP.

c. If the child requires the services of a surrogate parent during the summer months, the local educational agency shall extend the appointment as needed, consistent with timelines required by law.

d. At the conclusion of each school year, the appointment of surrogate parents shall be renewed or not renewed following a review by the local educational agency.

  1. Each local educational agency shall establish procedures that include conditions and methods for changing or terminating the assignment of a surrogate parent before that surrogate parent's appointment has expired. Established procedures shall provide the right to request a hearing to challenge the qualifications or termination if the latter occurs prior to the end of the term of appointment. The assignment of a surrogate parent may be terminated only when one or more of the circumstances occur as follows:

a. The child reaches the age of majority and rights are transferred to the child or to an educational representative who has been appointed for the child in accordance with the procedures in 8VAC20-81-180;

b. The child is found no longer eligible for special education services and the surrogate parent has consented to the termination of services;

c. Legal guardianship for the child is transferred to a person who is able to carry out the role of the parent;

d. The parent(s), whose whereabouts were previously unknown, are now known and available; or

e. The appointed surrogate parent is no longer eligible according to subsection E of this section.

D. Identification and recruitment of surrogate parents.

  1. The local educational agency shall develop and maintain a list of individuals within its jurisdiction who are qualified to serve as surrogate parents. It may be necessary for the local educational agency to go beyond jurisdictional limits in generating a list of potentially qualified surrogate parents.

  2. Individuals who are not on the local educational agency list may be eligible to serve as surrogate parents, subject to the local educational agency's discretion. In such situations, the needs of the individual child and the availability of qualified persons who are familiar with the child and who would otherwise qualify shall be considerations in the local educational agency's determination of surrogate eligibility. Other factors that warrant the local educational agency's attention include:

a. Consideration of the appointment of a relative to serve as surrogate parent; and

b. The appropriateness of the child's participation in the selection of the surrogate parent.

E. Qualifications of surrogate parents. (34 CFR 300.519(d), (e), and (f))

  1. The local educational agency shall ensure that a person appointed as a surrogate:

a. Has no personal or professional interest that conflicts with the interest of the child;

b. Has knowledge and skills that ensure adequate representation of the child;

c. Is not an employee of the Virginia Department of Education, the local educational agency, or any other agency that is involved in the education or care of the child; and

d. Is of the age of majority.

  1. A person who otherwise qualifies to be a surrogate parent is not an employee of the agency solely because the person is paid by the agency to serve as a surrogate parent.

  2. If the child is an unaccompanied homeless youth, appropriate staff of an emergency shelter, transition shelter, independent living program, or street outreach program may be appointed as a temporary surrogate even though the staff member is an employee of an agency that is involved in the education or care of the child. The temporary surrogate shall otherwise meet the qualifications of a surrogate, and may serve only until a surrogate parent meeting all of the qualifications outlined in this section can be assigned.

F. Rights of surrogate parents. The surrogate parent, when representing the child's educational interest, has the same rights as those accorded to parents under this chapter. (34 CFR 300.519(g)).

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; amended, Virginia Register Volume 26, Issue 8, eff. January 25, 2010; Errata, 26:15 VA.R. 2309 March 29, 2010.
8VAC20-81-230 Local educational agency administration and governance

A. The local educational agency shall ensure that the rights and protections under this chapter are given to children with disabilities for whom it is responsible, including children placed in private schools.

B. Plans, applications, and reports. (§ 22.1-215 of the Code of Virginia; 34 CFR 300.200 and 34 CFR 300.212)

  1. The local educational agency shall prepare annually and submit to the Virginia Department of Education an application for funding under Part B of the Act in accordance with the requirements outlined by the Virginia Department of Education. The annual plan shall include:

a. Assurances that the local educational agency has in effect policies and procedures for the provision of special education and related services in compliance with the requirements of the Act, the policies and procedures established by the Virginia Board of Education, and any other relevant federal and state laws and regulations;

b. A report indicating the extent to which the annual plan for the preceding period has been implemented;

c. Budgets outlining the use of the federal funds; and

d. Any revisions to the local school division's interagency agreement regarding the provision of special education and related services in a regional or local jail, if applicable, in accordance with subdivision G 2 of this section.

  1. Prior to submission to the Virginia Department of Education, the annual plan shall be reviewed by the local school division's local advisory committee, and approved by the local school board. State-operated programs and the Virginia School for the Deaf and the Blind at Staunton shall submit their annual plan to the state special education advisory committee for review prior to submission to the Virginia Department of Education.

  2. The local educational agency shall ensure that the annual plan, and all required special education policies and procedures, including the revisions to those policies and procedures, which are necessary for ensuring a free appropriate public education to a child, are available for public inspection.

C. Provision of or payment for special education and related services. (34 CFR 300.154(b))

  1. If any public noneducational agency is otherwise obligated under federal or state law, regulation, or policy to provide or pay for any services that are also considered special education or related services that are necessary for ensuring a free appropriate public education to children with disabilities, the public noneducational agency shall fulfill that obligation or responsibility, either directly or through contract or other arrangement. A public noneducational agency may not disqualify an eligible service for Medicaid reimbursement because that service was provided in a school context.

  2. If any public noneducational agency fails to provide or pay for the special education and related services described in subdivision 1 of this subsection, the local educational agency shall provide or pay for the services to the child in a timely manner. The local educational agency may then claim reimbursement for the services from the public noneducational agency that failed to provide or pay for the services and that agency shall reimburse the local educational agency in accordance with the terms of the interagency agreement described in subdivision 21 of 8VAC20-81-20.

D. Local advisory committee. A local advisory committee for special education, appointed by each local school board, shall advise the school board through the division superintendent.

  1. Membership.

a. A majority of the committee shall be parents of children with disabilities or individuals with disabilities.

b. The committee shall include one teacher.

c. Additional local school division personnel shall serve only as consultants to the committee.

  1. The functions of the local advisory committee shall be as follows:

a. Advise the local school division of needs in the education of children with disabilities;

b. Participate in the development of priorities and strategies for meeting the identified needs of children with disabilities;

c. Submit periodic reports and recommendations regarding the education of children with disabilities to the division superintendent for transmission to the local school board;

d. Assist the local school division in interpreting plans to the community for meeting the special needs of children with disabilities for educational services;

e. Review the policies and procedures for the provision of special education and related services prior to submission to the local school board; and

f. Participate in the review of the local school division's annual plan, as outlined in subdivision B 2 of this section.

  1. Public notice shall be published annually listing the names of committee members and including a description of ways in which interested parties may express their views to the committee.

  2. Committee meetings shall be held at least four times in a school year and shall be open to the public.

E. Regional special education programs. (§ 22.1-218 of the Code of Virginia; Jointly Owned and Operated Schools and Jointly Operated Programs (8VAC20-280))

  1. If it becomes necessary for local school divisions to develop regional programs to serve children with disabilities residing within their jurisdiction, such regional programs shall be provided in accordance with the least restrictive environment requirements specified in 8VAC20-81-130.

  2. If local school divisions elect to participate in an approved regional program for the provision of special education and related services for certain children with disabilities, a joint board shall be established to manage and control the jointly owned or operated program, center, or school. Establishment of the joint board and administration of the jointly owned and operated program shall be conducted in accordance with the Virginia Board of Education regulations governing such programs.

  3. Each joint board shall appoint a qualified director who shall be the administrative head of the regional program. The director shall be responsible for the administration of programs and services that are approved by the joint board.

F. Transition from infant and toddler programs to early childhood special education programs. (34 CFR 300.124)

  1. Children who are participating in early intervention programs under Part C of the Act and who will participate in preschool programs under Part B shall be afforded a smooth and effective transition to the preschool programs in a manner consistent with the Virginia lead agency's Part C early intervention policies and procedures.

  2. The local school division shall participate in transition planning conferences when notified by the designated local Part C early intervention agency (not less than 90 days and not more than nine months before the child is eligible for preschool services), in accordance with § 1437(a)(9) of the Act, and its federal implementing regulations.

  3. A child with a disability whose second birthday falls on or before September 30 may begin attending Part B preschool programs at the start of the school year if:

a. The child meets the Part B eligibility criteria; and

b. An IEP has been developed and signed by the parent(s).

G. Programs for children with disabilities in regional or local jails. (34 CFR 300.101 and 34 CFR 300.102)

  1. Each local school division with a regional or local jail in its jurisdiction shall be responsible for the provision of special education and related services to all eligible children with disabilities incarcerated in the jail for more than 10 calendar days.

  2. Each local school division with a regional or local jail in its jurisdiction shall establish an interagency agreement with the sheriff or jail administrator responsible for the regional or local jail. The interagency agreement shall address staffing and security issues associated with the provision of special education and related services in the jail. A copy of any revisions to this agreement shall be submitted with the annual plan specified in subsection B of this section.)

H. Each local educational agency shall cooperate with the U.S. Department of Education's efforts under § 1308 of the ESEA to ensure the linkage of records pertaining to migratory children with disabilities for the purpose of electronically exchanging, among the states, health and educational information regarding those children. (34 CFR 300.213)

I. Early Intervening Services. Each local educational agency shall implement early intervening services in accordance with the provisions of 8VAC20-81-260 H. (34 CFR 300.226)

J. Access to instructional materials.

  1. Each local educational agency shall ensure that children with disabilities who need instructional materials in accessible formats are provided those materials in a timely manner. (34 CFR 300.172(b) and (c))

  2. To meet the requirements of subdivision 1 of this subsection for blind persons or other persons with print disabilities, the local educational agency may coordinate with the National Instructional Materials Access Center (NIMAC). (34 CFR 300.172(a) and (c))

a. The local educational agency shall provide an assurance to the Virginia Department of Education that the local educational agency will provide instructional materials to blind persons or other persons with print disabilities in a timely manner. This assurance shall be provided as part of the Annual Plan requirements outlined in subsection B of this section.

b. Each local educational agency shall inform the Virginia Department of Education on an annual basis whether or not it chooses to coordinate with the NIMAC.

c. If the local educational agency coordinates with the NIMAC, the agency, as part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for the purchase of print instructional materials, shall enter into a written contract with the publisher of the print instructional materials to do the following:

(1) Require the publisher to prepare and, on or before delivery of the print instructional materials, provide to the NIMAC electronic files containing the contents of the print instructional materials using the NIMAS; or

(2) Purchase instructional materials from the publisher that are produced in, or may be rendered in, specialized formats.

d. The requirements of subdivision J 2 c of this section shall apply to print instructional materials published after July 19, 2006.

  1. Nothing in this subsection relieves a local educational agency of its responsibility to ensure that children with disabilities who need instructional materials in accessible formats, but who are not included under the definition of blind or other persons with print disabilities or who need materials that cannot be produced from NIMAS files, receive those instructional materials in a timely manner. (34 CFR 300.172(b))

  2. Definitions applicable to this subsection.

a. The term "timely manner" has the same meaning as the defined in 8VAC20-81-10.

b. The term, "blind or other person with print disabilities" means children with disabilities who qualify to receive books and other publications produced in specialized formats. A child with a disability qualifies under this provision if the child meets one of the following criteria: (2 USC § 135a; 36 CFR 701.6(b)(1) and 34 CFR 300.172(a) and (e))

(1) Blind person whose visual acuity, as determined by competent authority, is 20/200 or less in the better eye with correcting glasses, or whose widest diameter of visual field subtends an angular distance no greater than 20 degrees;

(2) Person whose visual disability, with correction and regardless of optical measurement, is certified by competent authority as preventing the reading of standard printed material;

(3) Person certified by competent authority as unable to read or unable to use standard printed material as a result of physical limitation; or

(4) Person certified by competent authority as having a reading disability resulting from organic dysfunction and of sufficient severity to prevent their reading printed material in a normal manner.

c. The term "competent authority" is defined as follows: (2 USC § 135a; 36 CFR 701.6(b)(2))

(1) In cases of blindness, visual disability or physical limitations: doctors of medicine, doctors of osteopathy, ophthalmologists, optometrists, registered nurses, therapists, professional staff of hospitals, institutions, and public or welfare agencies (e.g., social workers, case workers, counselors, rehabilitation teachers, and superintendents).

(2) In the case of a reading disability from organic dysfunction: doctors of medicine who may consult with colleagues in associated disciplines.

d. The term "print instructional materials" means printed textbooks and related printed core materials that are written and published primarily for use in elementary school and secondary school instruction and are required by the Virginia Department of Education or the local educational agency for use by students in the classroom. (20 USC § 1474(e)(3)(C))

e. The term "specialized formats" has the meaning given the term in 17 USC § 121(d)(3), and means Braille, audio, or digital text that is exclusively for use by blind or other persons with disabilities, and with respect to print instructional materials, include large print formats when such materials are distributed exclusively for use by blind or other persons with disabilities. (20 USC § 1474(e)(3)(D); 34 CFR 300.172(e))

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009.

Part IV Funding

8VAC20-81-240 Eligibility for funding

A. Each local school division and state-operated program shall maintain current policies and procedures and supporting documentation to demonstrate compliance with the Act and the Virginia Board of Education regulations governing the provision of special education and related services, licensure and accreditation. Changes to the local policies and procedures shall be made as determined by local need, as a result of changes in state or federal laws or regulations, as a result of required corrective action, or as a result of decisions reached in administrative proceedings, judicial determinations, or other findings of noncompliance. Revisions to policies and procedures must be approved by local school boards for local school divisions, or the Board of Visitors for the Virginia School for the Deaf and the Blind at Staunton. State-operated programs shall submit revisions to policies and procedures to the state special education advisory committee for review. (34 CFR 300.201; 34 CFR 300.220)

B. All disbursement is subject to the availability of funds. In the event of insufficient state funds, disbursement may be prorated pursuant to provisions of the Virginia Appropriation Act.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; amended, Virginia Register Volume 26, Issue 8, eff. January 25, 2010.
8VAC20-81-250 State funds for local school divisions

A. State funds to assist local school divisions with the cost of providing special education and related services for children with disabilities shall be provided through the Virginia Department of Education's appropriation as provided in this section.

B. Children with disabilities enrolled in programs operated by a local school board:

  1. Public school programs. In addition to the funds received for each pupil from state basic aid, local school divisions shall receive payment to support the state share of the number of special education teachers and paraprofessionals required by the Standards of Quality. (Chapter 13.2 (§ 22.1-253.13:1 et seq.) of Title 22.1 of the Code of Virginia)

  2. Homebound instruction. Subject to availability, local school divisions shall receive funds to assist with the cost of educating students who are temporarily confined for medical or psychological reasons. Such students may continue to be counted in the average daily membership (ADM) while receiving homebound instruction. In addition, costs will be reimbursed based on the composite index, the hourly rate paid to homebound teachers by the local educational agency, and the number of instructional hours delivered. Reimbursement is made in the year following delivery of instruction. (Virginia Standards of Accreditation (8VAC20-132))

C. Children with disabilities enrolled in regional special education programs: (Virginia Appropriation Act; § 22.1-218 of the Code of Virginia)

  1. Subject to availability, reimbursement may be made available for a portion of the costs associated with placement of children with disabilities in public regional special education programs pursuant to policies and procedures established by the Superintendent of Public Instruction or designee.

  2. Such reimbursement shall be in lieu of other state education funding available for each child.

D. Applicability of least restrictive environment and FAPE provision in state-funded placements. No state-funding mechanism shall result in placements that deny children with disabilities the right to be educated with children without disabilities to the maximum extent appropriate, or otherwise result in a failure to provide a child with a disability a free appropriate public education. (34 CFR 300.114(b))

E. Children with disabilities receiving special education and related services in regional or local jails. Local school divisions are reimbursed for the instructional costs of providing required special education and related services to children with disabilities in regional or local jails. (Virginia Appropriation Act)

F. Funds under the Children's Services Act for At-Risk Youth and Families. (§§ 2.2-5211 through 2.2-5212 of the Code of Virginia)

  1. Funds are available under the Children's Services Act to support the cost of:

a. Special education and related services for children with disabilities whose IEPs specify private day or private residential placement;

b. Certain nonspecial education services for children with disabilities whose Children's Services Act team identifies that such services are necessary to maintain the child in a less restrictive special education setting, in accordance with Children's Services Act requirements; and

c. Special education and related services for children with disabilities who are placed by a Children's Services Act team in a private residential placement for noneducational reasons.

  1. Local school divisions shall be responsible for payment of transportation expenses associated with implementing the child's IEP.

  2. Children's Services Act reimbursement requirements shall be applicable.

  3. When a parent unilaterally places a child with a disability in an approved private nonsectarian school for children with disabilities, the local school division shall not be responsible for the cost of the placement. If a special education hearing officer or court determines that such placement, rather than the IEP proposed by the local school division, is appropriate and no appeal is perfected from that decision, the local school division is responsible for placement and funds are available under the Children's Services Act to support the costs.

G. Reimbursement shall be made for the education of children with disabilities who: (§ 22.1-101.1 B and C of the Code of Virginia)

  1. Have been placed in foster care or other custodial care within the geographical boundaries of the school division by a Virginia agency;

  2. Have been placed in an orphanage or children's home that exercises legal rights; or

  3. Is a resident of Virginia, and has been placed, not solely for school purposes, in a child-caring institution or group home licensed in accordance with the Code of Virginia.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; amended, Virginia Register Volume 41, Issue 19, eff. June 4, 2025; Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-81-260 Federal funds

A. In accordance with the provisions of the Act, the Virginia Department of Education disburses the federal funds that are available under Part B of the Act to assist local educational agencies with the excess cost of providing special education and related services to eligible children with disabilities. The local educational agency shall submit an annual plan to the Virginia Department of Education describing the use of such funds in accordance with subsection B of 8VAC20-81-230. (34 CFR 300.200; 34 CFR 76.301)

B. Excess costs means those costs that are in excess of the average annual per student expenditure in a local educational agency during the preceding school year for an elementary school or secondary school student as may be appropriate, and that shall be computed after deducting: (34 CFR 300.16, 34 CFR 300.202 and Appendix A to 34 CFR Part 300)

  1. Amounts received under Part B of the Act;

  2. Amounts received under Part A of Title I of the ESEA;

  3. Amounts received under Parts A and B of Title III of the ESEA; or

  4. Any state or local funds expended for programs that would qualify for assistance under any of the parts described in subdivision 1, 2, or 3 of this subsection but excluding any amounts for capital outlay and debt service.

A local educational agency meets the excess cost requirement if it has spent at least a minimum average amount for the education of its children with disabilities in state and local funds before funds under Part B of the Act are used. (See 34 CFR Part 300, Appendix A for an example of how excess costs shall be calculated.)

C. A local educational agency complies with the maintenance of effort requirement in establishing its eligibility for an award in a fiscal year if the local educational agency budgets the same total or per capita amount in state and local funds as it spent from the same sources to educate children with disabilities in the most recent prior year for which information is available. (34 CFR 300.203)

D. Part B funds may be used to supplement, but shall not be used to supplant state and local expenditures for special education and related services, and shall not be used to reduce the level of expenditures for the education of children with disabilities made by the local school division from the local funds below the level of those expenditures for the preceding year, except under certain conditions specified under the Act. (34 CFR 300.202 through 34 CFR 300.204)

E. The amount of Part B funds determined to be available for each local educational agency is based upon the formulas specified under the Act. (34 CFR 300.705 and 34 CFR 300.816)

F. A local educational agency may use Part B funds to implement a schoolwide program under § 1114 of the ESEA, except that the amount of Part B funds used in any fiscal year shall not exceed the amount of total Part B funds received that year, divided by the number of children with disabilities in the jurisdiction, and multiplied by the number of children with disabilities participating in the schoolwide program. Part B funds used for this purpose are not subject to other Part B funding requirements, but the local educational agency shall ensure that all children with disabilities in schoolwide program schools: (34 CFR 300.206)

  1. Receive services in accordance with a properly developed IEP; and

  2. Are afforded all of the rights and services guaranteed to children with disabilities under the Act.

G. Children without disabilities may benefit from the expenditure of Part B funds when special education and related services and supplementary aids and services are provided in a regular class or other education-related setting to a child with a disability in accordance with the IEP of the child. (34 CFR 300.208)

H. Early intervening services. (34 CFR 300.226 and 34 CFR 300.646)

  1. Children who are not currently identified as needing special education or related services may need additional academic and behavioral supports to succeed in a general education environment. These supports may be in the form of early intervening services.

Early intervening services apply to children in kindergarten through grade 12, with a particular emphasis on students in kindergarten through grade three.

  1. To develop and implement coordinated, early intervening services, which may include interagency financing structures, a local school division may not use more than 15% of the amount the school division receives under Part B of the Act for any fiscal year. The 15% is less any amount reduced by the local school division pursuant to 34 CFR 300.205, if any, in combination with other amounts (which may include amounts other than education funds).

  2. In implementing coordinated, early intervening services under this section, a local educational agency may carry out activities that include:

a. Professional development (which may be provided by entities other than local educational agencies) for teachers and other school staff to enable such personnel to deliver scientifically based academic and behavioral interventions, including scientifically based literacy instruction, and, where appropriate, instruction on the use of adaptive and instructional software; and

b. Providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction.

  1. Nothing in this section shall be construed to either limit or create a right to a free appropriate public education under Part B of the Act or to delay appropriate evaluation of a child suspected of having a disability.

  2. Each local educational agency that develops and maintains coordinated, early intervening services under this section shall annually report to the Virginia Department of Education on:

a. The number of children served under this section who received early intervening services; and

b. The number of children served under this section who received early intervening services and subsequently receive special education and related services under Part B of the Act during the preceding two-year period.

  1. Funds made available to carry out this section may be used to carry out coordinated, early intervening services aligned with activities funded by, and carried out under the ESEA if those funds are used to supplement, and not supplant, funds made available under the ESEA for the activities and services assisted under this section.

  2. The amount of funds expended by a local educational agency for early intervening services shall count toward the maximum amount of expenditures that the local educational agency may reduce when determining compliance with the requirement for maintenance of effort.

  3. If the Virginia Department of Education determines significant disproportionality based on race and ethnicity is occurring in a local educational agency in the identification of children with disabilities, or the placement of identified children in a particular educational setting, the local educational agency shall:

a. Use 15% of its Part B funds to provide comprehensive coordinated early intervening services particularly, but not exclusively, to those groups that were significantly overidentified; and

b. Publicly report on the revision of policies, practices, and procedures used in the identification and placement of children with disabilities.

I. If the Virginia Department of Education determines that a local school division is adequately providing a free appropriate public education to all children with disabilities residing in the area served by that school division with state and local funds, the department may reallocate any portion of the funds under Part B of the Act that are not needed by the school division to provide a free appropriate public education to other school divisions in the state that are not adequately providing special education and related services to all children with disabilities residing in the areas they serve. (34 CFR 300.705 and 34 CFR 300.817)

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009.
8VAC20-81-270 Funds to assist with the education of children with disabilities residing in state-operated programs

A. State mental health facilities. State funds for education for children in state mental health facilities are appropriated to the Virginia Department of Education. Local funds for such education shall be an amount equal to the required local per pupil expenditure for the period during which a local school division has a child in residence at a state mental health facility. Such amount shall be transferred by the Virginia Department of Education from the local school division's basic aid funds to the mental health facilities. Federal funds are available under the provisions of the Act. (Virginia Appropriation Act; 34 CFR 300.705)

B. State training centers for people with intellectual disabilities. State funds for special education and related services for children with disabilities in state training centers for people with intellectual disabilities are appropriated to the Department of Behavioral Health and Developmental Services. Local funds for such education shall be an amount equal to the required local per pupil expenditure for the period during which a local school division has a child in residence at a state mental retardation facility. Such amount shall be transferred by the Virginia Department of Education from the local school division's basic aid funds to the centers. Federal funds are available under the provisions of the Act. (Virginia Appropriation Act; 34 CFR 300.705)

C. State specialized children's hospitals. State funds for special education and related services are appropriated to the Virginia Department of Education. Federal funds are available under the provisions of the Act. (Virginia Appropriation Act; 34 CFR 300.705)

D. Woodrow Wilson Rehabilitation Center. State funds for education for children are appropriated to the Virginia Department of Education. Federal funds are available under the provisions of the Act. (Virginia Appropriation Act; 34 CFR 300.705)

E. Regional and local juvenile detention homes. State funds for education services are appropriated to the Virginia Department of Education. (Virginia Appropriation Act; 34 CFR 300.705)

F. State-operated diagnostic clinics. State funds for the employment of educational consultants assigned to child development and other specialty clinics operated by the state Department of Health are appropriated to the Virginia Department of Education. (Virginia Appropriation Act; 34 CFR 300.705)

G. Virginia Department of Correctional Education. State funds for the education of children, including children with disabilities, are appropriated to the Virginia Department of Correctional Education for the education of all children residing in state adult or juvenile correctional facilities and juveniles committed to the Department of Juvenile Justice and placed in a private facility under contract with the Department of Juvenile Justice. Federal funds are available under the provisions of the Act. (Virginia Appropriation Act; 34 CFR 300.705)

H. The Virginia School for the Deaf and the Blind at Staunton. State funds are appropriated directly to the school to operate day and residential special education programs for children placed by local school divisions. Local funds for the education of children at the Virginia school shall be the amount equal to the local per pupil expenditure for the period in which the child is a resident of the school. Such amount shall be transferred by the Virginia Department of Education from the local school division's basic aid funds to the Virginia school. (Virginia Appropriation Act; 34 CFR 300.705)

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; Errata, 26:4 VA.R. 447-448 October 26, 2009; amended, Virginia Register Volume 26, Issue 8, eff. January 25, 2010.
8VAC20-81-280 Funding, withholding, and recovery of funds

A. The Virginia Department of Education shall disburse funds to local educational agencies for the education of children with disabilities, aged two to 21, inclusive, when they provide documentation of compliance with state and federal laws and regulations. (34 CFR 300.200)

B. If documentation of compliance is not submitted or is inadequate, the Superintendent of Public Instruction shall provide reasonable notice to the local educational agency that state and federal funds will not be available for reimbursement for special education programs and services. (34 CFR 300.155 and 34 CFR 300.221)

  1. The notification shall include the substance of the alleged violation, and the local educational agency shall be given an opportunity to submit a written response; and

  2. The local educational agency shall have the right to appeal to the Virginia Board of Education under 8VAC20-81-290.

C. Whenever the Virginia Board of Education, in its discretion, determines that a local educational agency fails to establish and maintain programs of free and appropriate public education that comply with the regulations established by the board, the board may withhold all state and federal funds for the education of eligible children with disabilities and may use the payments that would have been available to such local educational agency to provide special education, directly or by contract, to eligible children with disabilities in such manner as the board considers appropriate. (§ 22.1-214 E of the Code of Virginia)

D. If the Superintendent of Public Instruction, after reasonable notice and opportunity for a hearing under 8VAC20-81-290, finds that a local educational agency has failed to comply with the state and federal laws and regulations and determines that compliance cannot be secured by voluntary means, the Superintendent shall issue a decision in writing stating that state and federal funds for the education of eligible children with disabilities shall not be made available to that local educational agency until it complies with the state and federal laws and regulations. (34 CFR 300.155 and 34 CFR 300.222)

E. If there is evidence that a child has been erroneously classified and thereby counted as eligible for state and federal special education funds and such evidence is challenged by the local educational agency, the foregoing due process procedures shall apply. (34 CFR 300.155, 34 CFR 300.221 and 34 CFR 300.222)

F. If it is determined that such funds have been erroneously claimed, the Virginia Department of Education shall bill the local educational agency for the amount of funds improperly received and withhold an equal amount of state or federal funds for the following year if not repaid by the local educational agency. (34 CFR 300.155, 34 CFR 300.221 and 34 CFR 300.222)

G. Any local educational agency in receipt of a notice, as described in subsection B of this section, shall provide public notice to the local educational agency's jurisdiction regarding pendency of the action. (34 CFR 300.222)

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; Errata, 26:4 VA.R. 447-448 October 26, 2009.
8VAC20-81-290 Appeal of administrative decision regarding funding

A. The Virginia Department of Education's recommendation to disapprove local eligibility for funding under the Act, or withhold state and federal funds for special education and related services, may be appealed by a local educational agency. (34 CFR 76.401 and 34 CFR 300.155)

B. The procedures for the appeal of administrative decisions are as follows: (34 CFR 76.401 and 34 CFR 300.155)

1.The local educational agency shall request, in writing, a hearing by the Virginia Department of Education within 30 business days from the receipt of notification from the Superintendent of Public Instruction;

  1. Within 10 business days from the date of request for a hearing, the Superintendent of Public Instruction shall notify the local educational agency in writing of the date, time, and location of the hearing;

  2. The hearing shall be conducted within 15 business days from the date of notification;

  3. The hearing shall be conducted by an independent hearing officer in conformance with the provisions of §§ 2.2-4020 and 2.2-4024 of the Code of Virginia;

  4. Witnesses and attorneys may be present and testify for the Virginia Department of Education or the local educational agency;

  5. A written or electronic verbatim record shall be kept of all proceedings of the hearing;

  6. The hearing officer shall review all pertinent evidence presented and shall render a decision based on the preponderance of evidence presented at the hearing and on applicable state and federal law;

  7. No later than 10 business days after the hearing, the hearing officer shall issue a written ruling, including findings of fact and reasons for the findings;

  8. The decision made by the hearing officer shall be final unless an appeal is requested by a local educational agency;

  9. If the Virginia Department of Education does not rescind its final action after a review under this subsection, the applicant may appeal to the U.S. Secretary of Education under the provisions of the Education Department General Administrative Regulations; and

  10. Notice of appeal shall be filed within 20 days after the local educational agency has been notified by the Virginia Department of Education of the results of the hearing.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009.
8VAC20-81-300 Use of public and private insurance

A. Children with disabilities who are covered by public benefits or insurance. (34 CFR 300.154(d))

  1. A local educational agency may use Medicaid or other public benefits or insurance programs in which a child participates to provide or pay for services required under this chapter and as permitted under the public benefits or insurance program except as provided in subdivision 2 of this subsection.

  2. With regard to services required to provide a free appropriate public education to an eligible child with a disability, a local educational agency:

a. Shall provide notice to the parent(s) that the local educational agency:

(1) May not require the parent(s) to sign up for or enroll in public benefits or insurance programs in order for their child to receive a free appropriate public education;

(2) May not require the parent(s) to incur any out-of-pocket expense, such as the payment of a deductible or co-pay amount incurred in filing a claim for services provided pursuant to this section, but in accordance with subsection C of this section may pay the cost that the parent(s) otherwise would be required to pay; and

(3) May not use a child's benefits under a public benefits or insurance program if that use would:

(a) Decrease available lifetime coverage or any other insured benefit;

(b) Result in the family's paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the child outside of the time the child is in school;

(c) Increase premiums or lead to the discontinuation of benefits insurance; or

(d) Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures.

b. Shall obtain informed parental consent each time that access to public benefits or insurance is sought, including parental consent to release educational information to the public benefits of insurance program for billing purposes in accordance with the provisions of the Management of the Student's Scholastic Record in the Public Schools of Virginia (8VAC20-150); and

c. Shall provide notice to the parent(s) that refusal to allow access to their public benefits or insurance does not relieve the local educational agency of its responsibility to ensure that all required services are provided at no cost to the parent(s).

B. Children with disabilities who are covered by private insurance. (34 CFR 300.154(e))

  1. With regard to services required to provide a free appropriate public education to an eligible child under this chapter, a local educational agency may access a parent's private insurance proceeds only if the parent provides informed consent.

  2. Each time the local educational agency proposes to access a parent's private insurance proceeds, it shall:

a. Obtain informed parental consent, including parental consent to release educational information to the private insurance program for billing purposes in accordance with the provisions of the Management of the Student's Scholastic Record in the Public Schools of Virginia (8VAC20-150); and

b. Inform the parent(s) that the refusal to permit the local educational agency to access their private insurance does not relieve the local educational agency of its responsibility to ensure that all required services are provided at no cost to the parent(s).

C. Use of Part B funds. (34 CFR 300.154(f))

  1. If a local educational agency is unable to obtain parental consent to use the parent's private insurance, or public benefits or insurance when the parent(s) would incur a cost for a specified service required under this chapter to ensure a free appropriate public education, the local educational agency may use its Part B funds under the Act to pay for the service.

  2. To avoid financial cost to a parent who otherwise would consent to use private insurance, or public benefits or insurance if the parent would incur a cost, the local educational agency may use its Part B funds to pay the costs the parent otherwise would have to pay to use the parent's benefits or insurance (e.g., deductible or co-pay amounts).

D. Proceeds from public or private insurance. (34 CFR 80.25 and 34 CFR 300.154(g))

  1. Proceeds from public benefits or insurance or private insurance is not treated as program income for purposes of the Education Department General Administrative Regulations.

  2. If a local educational agency spends reimbursements from federal funds (e.g., Medicaid) for services under this chapter, those funds are not considered state or local funds for purposes of the maintenance of effort provisions.

E. Nothing in this chapter should be construed to alter the requirements imposed on a state Medicaid agency or any other agency administering a public benefits or insurance program by federal law, regulations, or policy under Title XIX or Title XXI of the Social Security Act, or any other public benefits or insurance program. (34 CFR 300.154(h))

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009.
8VAC20-81-310 Attorneys' fees

A. In any action or proceeding brought under § 1415 of the Act, the court in its discretion may award reasonable attorneys' fees as part of the costs: (34 CFR 300.517(a))

  1. To the prevailing party who is the parent(s) of a child with a disability;

  2. To a prevailing party who is a local educational agency or the Virginia Department of Education against the attorney of a parent who files a request for due process or subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or

  3. To a prevailing party who is a local educational agency or the Virginia Department of Education against the attorney of a parent, or against the parent, if the parent's request for a due process hearing, or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation.

B. Funds under Part B may not be used to pay attorneys' fees or costs of a party related to any action or proceeding under § 1415 and Subpart E of the Act. This section does not preclude a local educational agency from using funds under the Act for conducting an action or proceeding under § 1415 of the Act. (34 CFR 300.517(b))

C. A court awards reasonable attorneys' fees under § 1415 of the Act consistent with the following: (34 CFR 300.517(c))

  1. Determination of amount of attorneys' fees. Fees awarded under § 1415(i)(3) of the Act shall be based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished. No bonus or multiplier may be used in calculating the fees awarded under this subsection.

  2. Prohibition of attorneys' fees and related costs for certain services.

a. Attorneys' fees may not be awarded and related costs may not be reimbursed in any action or proceeding under § 1415 of the Act for services performed subsequent to the time of a written offer of settlement to a parent(s) if:

(1) The offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedure or, in the case of an administrative proceeding, at any time more than 10 calendar days before the proceeding begins;

(2) The offer is not accepted within 10 calendar days; and

(3) The court or administrative special education hearing officer finds that the relief finally obtained by the parent(s) is not more favorable to the parent(s) than the offer of settlement.

b. Attorneys' fees may not be awarded relating to any meeting of the IEP team unless the meeting is convened as a result of an administrative proceeding or judicial action, or for a mediation session.

c. A resolution session convened in accordance with 8VAC20-81-210 will not be considered:

(1) A meeting convened as a result of an administrative hearing or judicial action; or

(2) An administrative hearing or judicial action for purposes of this subsection.

  1. Exception to prohibition on attorneys' fees and related costs. Notwithstanding subdivision 2 of this subsection, an award of attorneys' fees and related costs may be made to a parent(s) who is the prevailing party and who was substantially justified in rejecting the settlement offer.

  2. Reduction of amount of attorneys' fees. Except as provided in subdivision 5 of this subsection, the court reduces, accordingly, the amount of the attorneys' fees awarded under this chapter if the court finds that:

a. The parent(s), or the parent's attorney, during the course of the action or proceeding, unreasonably protracted the final resolution of the controversy;

b. The amount of the attorneys' fees otherwise authorized to be awarded unreasonably exceeds the hourly rate prevailing in the community for similar services by attorneys of reasonably comparable skill, reputation, and experience;

c. The time spent and legal services furnished were excessive considering the nature of the action or proceeding; or

d. The attorney representing the parent(s) did not provide to the local educational agency the appropriate information in the request for a due process hearing in accordance with this chapter.

  1. Exception to reduction in amount of attorneys' fees. The provisions of subdivision 4 of this subsection do not apply in any action or proceeding if the court finds that the Virginia Department of Education or the local educational agency unreasonably protracted the final resolution of the action or proceeding or there was a violation of § 1415 of the Act.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009.

Part V Additional Responsibilities of State Boards, Agencies, and Institutions for Education and Training of Children with Disabilities in Residence or Custody

8VAC20-81-320 Additional responsibilities of state boards, agencies, and institutions for education and training of children with disabilities in residence or ...

A. Provision of education to children with disabilities in residence or custody.

  1. Each state board, agency, and institution having children with disabilities in residence or custody shall provide education pursuant to standards, policies and procedures established by the Virginia Board of Education that is comparable to that provided to children with disabilities in the public school system.

a. The Department of Correctional Education shall establish and maintain schools for persons committed to the state, regional or local correctional facilities operated by the Department of Corrections and the Department of Juvenile Justice and for persons committed to the Department of Juvenile Justice and placed in a private facility under contract with the Department of Juvenile Justice. (§§ 22.1-7 and 22.1-340 of the Code of Virginia)

b. The Superintendent of Public Instruction shall approve the education programs at the Virginia School for the Deaf and the Blind at Staunton. (§§ 22.1-7, 22.1-347, and 22.1-348 of the Code of Virginia)

c. The Department of Behavioral Health and Developmental Services has responsibility for providing the education and training to children with mental retardation in residence in its institutions. The Virginia Board of Education shall supervise the education and training provided to school-age residents in state mental retardation facilities. (§ 22.1-7 of the Code of Virginia)

d. The Virginia Board of Education shall provide for and direct the education of school-age residents in state mental health facilities in cooperation with the Department of Behavioral Health and Developmental Services. (§§ 22.1-7 and 22.1-209.2 of the Code of Virginia)

e. The Virginia Board of Education shall prepare and supervise the education and training provided to children in regional and local detention homes. (§§ 22.1-7 and 22.1-209.2 of the Code of Virginia)

f. The Virginia Board of Education shall supervise the evaluation, education, and training provided to school-age children by the Virginia Department of Health and to school-age children in the teaching hospitals associated with the Eastern Virginia Medical Center, the Virginia Commonwealth University Health System Authority, and The University of Virginia Hospitals. (§§ 22.1-7 and 22.1-209.2 of the Code of Virginia)

  1. The procedures outlined in 8VAC20-81-230 are applicable to each state board, agency, and institution having children with disabilities in residence and custody. (§ 22.1-7 of the Code of Virginia)

B. Annual program plan. Each state board, agency, and institution having responsibility for providing such education and training shall submit annually to the Virginia Department of Education for approval by the Virginia Board of Education its program plan for the education and training for children with disabilities in residence or custody. This program plan, to be submitted by the date and in the manner specified by the Virginia Board of Education, shall include the provisions and assurances as specified in 8VAC20-81-230.

  1. In addition, the program plan shall include the following:

a. The educational objectives of the state board, agency, or institution;

b. Strategies for achieving the educational objectives, including an organized program for staff development;

c. A system of communication between educational and other personnel, including treatment and residential care staff, to ensure coordination of program objectives;

d. A system of communication to ensure service continuity in the transition of the student into and out of the educational program of the facility and, where applicable, the requirements for reenrollment of juveniles committed to the Department of Juvenile Justice, as provided for in the Code of Virginia; (§§ 16.1-293 and 22.1-289 E of the Code of Virginia)

e. An assessment plan for determining the extent to which the objectives have been achieved including, where practicable, follow-up studies of former students to assist in annual program evaluation;

f. A system of communication between the state board, agency, or institution and its employees, whereby the views of all educational employees may be received in an orderly and constructive manner;

g. A cooperatively developed procedure for the evaluation of educational personnel; and

h. The grievance procedures regarding educational personnel as prescribed by the state or the appropriate local agency or board.

  1. At least 5-1/2 hours of education/training per school day or 27-1/2 hours per school week available for each student to implement the student's IEP.

a. If a student has a medical or physical condition that requires modification of the school schedule, a waiver statement shall be placed on file.

b. This waiver statement shall document the physical or mental condition of the individual student that requires significant modification of this schedule, and personnel from the following facilities shall file statements of concurrence:

(1) The attending physician -- the Department of Behavioral Health and Developmental Services facilities;

(2) The central review committee, institute review committee or Department of Juvenile Justice physician or psychologist for medical or psychological conditions, with a waiver statement signed by the Department of Juvenile Justice security staff or designee for safety or security conditions -- the Department of Correctional Education;

(3) The physician, staffing committee or principal -- the Virginia School for the Deaf and the Blind at Staunton;

(4) The center counselor upon recommendation of the staffing committee -- Woodrow Wilson Rehabilitation Center;

(5) The attending physician -- state medical facilities;

(6) The detention superintendent or designee -- juvenile detention homes.

  1. The Virginia School for the Deaf and the Blind at Staunton shall provide for each age group of children a planned dormitory and a student-life program, including social and daily living skills, recreation, and cultural activities.

C. Staff and facility.

  1. Each state board, agency or institution shall assign personnel to the educational program who are appropriately and adequately prepared and trained, including having the knowledge and skills to serve children with disabilities, and as follows: (34 CFR 300.156)

a. Administrative, supervisory, instructional, support and ancillary personnel holding valid professional licenses, certificates and endorsements as appropriate in the area of assignment (national standards may apply in the absence of state licensure or certification requirements).

b. Additional education personnel to provide required related services as delineated in the child's IEP. Related services providers must be qualified consistent with the requirements of subdivision 19 a of 8VAC20-81-20.

c. Paraprofessionals who are trained and supervised in accordance with the requirements of the Board of Education.

  1. Each state board, agency or institution shall staff the educational program as follows:

a. A principal, supervisor, education director, or lead teacher for the educational program provided at each school or institution, except for juvenile detention homes;

b. Instructional personnel sufficient to maintain pupil-teacher ratios not to exceed the following:

(1) Emotional disability - one teacher for every eight children or one teacher and one paraprofessional for every 10 children;

(2) Hearing impairment/deaf - one teacher for every seven children with one paraprofessional for every three classroom teachers; at the Virginia School for the Deaf and the Blind at Staunton one teacher for every eight children or one teacher and one paraprofessional for every 10 children;

(3) Intellectual disability - one teacher and one paraprofessional for every 10 children;

(4) Visual impairment - one teacher for every seven children and one paraprofessional for every three classroom teachers;

(5) Other health impairment - one teacher for every eight children or one teacher and one paraprofessional for every 10 children;

(6) Orthopedic impairment - one teacher for every eight children or one teacher and one paraprofessional for every 10 children;

(7) Specific learning disability - one teacher for every eight children or one teacher and one paraprofessional for every 10 children;

(8) Multiple disabilities or deaf-blindness - one teacher and one paraprofessional for every six children or one teacher and two paraprofessionals for every 10 children;

(9) Autism - one teacher for every six children or one teacher and one paraprofessional for every eight children;

(10) Traumatic brain injury - students may be placed in any program, according to the student's IEP;

(11) Department of Correctional Education - no greater than an average of one teacher and one paraprofessional for every 10 children;

(12) Woodrow Wilson Rehabilitation Center - no greater than an average of one teacher for every 10 children; and

(13) Juvenile detention homes - one teacher for every 12 beds, based on the bed capacity of the facility. If the number of students exceeds the bed capacity, then the ratio shall be one teacher for every 12 students based on the average daily attendance from the previous school year. If unusual or extenuating circumstances exist, the agency may apply to the Superintendent of Public Instruction for an exception to the ratio requirements. Such requests shall be supported by sufficient justification.

  1. Each facility shall have available adequate and appropriate classroom space, a library, and instructional materials and supplies to meet the educational needs of the children.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; Errata, 26:4 VA.R. 447-448 October 26, 2009.

Part VI Compliance with § 504 of the Rehabilitation Act of 1973, as Amended

8VAC20-81-330 Compliance with § 504 of the Rehabilitation Act of 1973, as amended

A. Each state-operated program providing educational services to persons of school age and the Virginia School for the Deaf and the Blind at Staunton shall provide a free appropriate public education to each qualified person with a disability of school age and provide procedural safeguards in accordance with the Virginia Department of Education's 504 plan. (34 CFR 104.33)

B. Local educational agencies are required to adopt grievance procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints. In meeting the due process portion of this requirement, local educational agencies may utilize the due process hearing system specified in 8VAC20-81-210 to resolve disputes regarding the identification, evaluation, or educational placement of qualified persons who have a disability. If this procedure is selected, the local school system is responsible for 100 percent of the reimbursement costs to the special education hearing officer and any other costs incurred and requested by the special education hearing officer or school division. The Virginia Department of Education trains special education hearing officers on 504 requirements. (34 CFR 104.7 and 34 CFR 104.36)

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009.
8VAC20-81-340 Special education caseload staffing requirements

Figure 1: Local school division caseload maximums as funded by the Virginia Appropriation Act.

| Disability Category | Level II | Level I | | | --- | --- | --- | --- | | With Paraprofessional 100% of the time | Without Paraprofessional 100% of the Time | | | | Autism | 8 | 6 | 24 | | Deaf-blindness | 8 | 6 | | | Developmental Delay: age 5-6 | 10 | 8 | | | Developmental Delay: age 2-5 | 8 Center-based 10 Combined | 12 Home-based and/or Itinerant | | | Emotional Disability | 10 | 8 | 24 | | Hearing Impairment/Deaf | 10 | 8 | 24 | | Intellectual Disability | 10 | 8 | 24 | | Learning Disability | 10 | 8 | 24 | | Multiple Disabilities | 8 | 6 | | | Orthopedic Impairment | 10 | 8 | 24 | | Other Health Impairment | 10 | 8 | 24 | | Speech or Language Impairment | NA | NA | 68 (Itinerant) | | Traumatic Brain Injury | May be placed in any program, according to the IEP. | | | | Combined group of students needing Level I services with students needing Level II services | 20 Points (see Figure 2) | | |

Figure 2: Values for students receiving Level I services when combined with students receiving Level II services.

| Disability Category | Level II Values | Level I | | | --- | --- | --- | --- | | With Paraprofessional 100% of the time | Without Paraprofessional 100% of the time | Values | | | Autism | 2.5 | 3.3 | 1 | | Deaf-blindness | 2.5 | 3.3 | 1 | | Developmental Delay: age 5-6 | 2.0 | 2.5 | 1 | | Emotional Disability | 2.0 | 2.5 | 1 | | Hearing Impairment/Deaf | 2.0 | 2.5 | 1 | | Intellectual Disability | 2.0 | 2.5 | 1 | | Learning Disability | 2.0 | 2.5 | 1 | | Multiple Disabilities | 2.5 | 3.3 | 1 | | Orthopedic Impairment | 2.0 | 2.5 | 1 | | Other Health Impairment | 2.0 | 2.5 | 1 | | Traumatic Brain Injury | 2.0 | 2.5 | 1 |

History

  • Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; Errata, 26:4 VA.R. 447-448 October 26, 2009; amended, Virginia Register Volume 26, Issue 8, eff. January 25, 2010.

Chapter 90 Procedure for Adjusting Grievances

Part I Definitions

8VAC20-90-10 Definitions

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

"Business day" means any day that the relevant school board office is open.

"Days" means calendar days unless a different meaning is clearly expressed in this procedure. Whenever the last day for performing an act required by this procedure falls on a Saturday, Sunday, or legal holiday, the act may be performed on the next day that is not a Saturday, Sunday, or legal holiday.

"Dismissal" means the dismissal of any teacher within the term of such teacher's contract.

"Grievance" means a complaint or a dispute by a teacher relating to the teacher's employment, including (i) disciplinary action, including dismissal; (ii) the application or interpretation of (a) personnel policies, (b) procedures, (c) rules and regulations, (d) ordinances, and (e) statutes; (iii) acts of reprisal against a teacher for filing or processing a grievance, participating as a witness in any step, meeting, or hearing related to a grievance, or serving as a member of a fact-finding panel; and (iv) complaints of discrimination on the basis of race, color, creed, religion, political affiliation, disability, age, national origin, sex, pregnancy, childbirth or related medical conditions, marital status, sexual orientation, gender identity, or military status. Each school board shall have the exclusive right to manage the affairs and operations of the school division. Accordingly, the term "grievance" shall not include a complaint or dispute by a teacher relating to (i) the establishment and revision of wages or salaries, position classifications, or general benefits; (ii) suspension of a teacher or nonrenewal of the contract of a teacher who has not achieved continuing contract status; (iii) the establishment or contents of ordinances, statutes, or personnel policies, procedures, rules, and regulations; (iv) failure to promote; (v) discharge, layoff, or suspension from duties because of decrease in enrollment, decrease in enrollment in or abolition of a particular subject, or insufficient funding; (vi) hiring, transfer, assignment, and retention of teachers within the school division; (vii) suspension from duties in emergencies; (viii) the methods, means, and personnel by which the school division's operations are to be carried on; or (ix) coaching or extracurricular activity sponsorship. While these management rights are reserved to the school board, failure to apply, where applicable, the rules, regulations, policies, or procedures as written or established by the school board is grievable.

"Hearing officer" means an impartial hearing officer from outside the school division who possesses some knowledge and expertise in public education and education law and who is capable of presiding over an administrative hearing.

"Military status" means status (i) as a member of the uniformed forces, as defined in 10 USC § 101(a)(5), of the United States or a reserve component thereof named under 10 USC § 10101, (ii) a veteran as defined in 38 USC § 101(2), or (iii) a dependent as defined in 50 USC § 3911(4), except that the support provided by the service member to the individual shall have been provided 180 days immediately preceding an alleged action that, if proven true, would constitute unlawful discrimination under this section instead of 180 days immediately preceding an application for relief under 50 USC Chapter 50.

"Personnel file" means, for the purposes of Part III (8VAC20-90-60 et seq.), any and all memoranda, entries, or other documents included in the teacher's file as maintained in the central school administration office or in any file regarding the teacher maintained within a school in which the teacher serves.

"Teacher" means, for the purposes of Part II (8VAC20-90-20 et seq.), all employees of the school division involved in classroom instruction and all other full-time employees of the school division except those employees classified as supervising employees. "Teacher" means, for the purposes of Part III (8VAC20-90-60 et seq.), all regularly licensed professional public school personnel employed by any school division under a written contract as provided by § 22.1-302 of the Code of Virginia as a teacher or as an assistant principal, principal, or supervisor as provided by § 22.1-294 of the Code of Virginia.

"Shall file," "shall respond in writing," or "shall serve written notice" means the document is either delivered personally or is mailed by registered or certified mail, return receipt requested, and postmarked within the time limits prescribed by this procedure to the grievant or office of the proper school board representative.

"Supervisory employee" means any person having authority in the interest of the State Board of Education to (i) hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees; and (ii) direct other employees; or (iii) adjust the grievance of other employees; or (iv) recommend any action set forth in clause (i), (ii), or (iii) of this definition; provided that the authority to act as set forth in clause (i), (ii), (iii), or (iv) requires the exercise of independent judgment and is not merely routine and clerical in nature.

"Written grievance appeal" means a written or typed statement describing the event or action complained of, the date of the event or action complained of, and a concise description of those policies, rules, regulations, or statutes upon which the teacher bases the claim. The grievant shall specify what the grievant expects to obtain through use of the grievance procedure. A written grievance appeal shall be on forms prescribed by the State Board of Education and supplied by the local school board.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-308 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0008 § 1.1, eff. February 1, 1986; amended, Virginia Register Volume 21, Issue 14, eff. May 2, 2005; Volume 33, Issue 5, eff. November 30, 2016; Volume 41, Issue 11, eff. February 27, 2025.

Part II Grievance Procedure

8VAC20-90-20 Purpose of Part II of this grievance procedure

The purpose of Part II of the Procedure for Adjusting Grievances is to provide an orderly procedure for resolving disputes concerning the application, interpretation, or violation of any of the provisions of local school board policies, rules and regulations as they affect the work of teachers, other than dismissals. An equitable solution of grievances should be secured at the most immediate administrative level. The procedure should not be construed as limiting the right of any teacher to discuss any matter of concern with any member of the school administration, nor should the procedure be construed to restrict any teacher's right to seek, or the school division administration's right to provide, review of complaints that are not included within the definition of a grievance. Nothing in this procedure shall be interpreted to limit a school board's exclusive final authority over the management and operation of the school division.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-308 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0008 § 2.1, eff. February 1, 1986; amended, Virginia Register Volume 33, Issue 5, eff. November 30, 2016.
8VAC20-90-30 Grievance procedure

Recognizing that grievances should begin and should be settled promptly, a grievance must be initiated within 15 business days following either the event giving rise to the grievance, or within 15 business days following the time when the employee knew or reasonably should have known of its occurrence. Grievances shall be processed as follows:

  1. Step 1 -- Informal. The first step shall be an informal conference between the teacher and his immediate supervisor (which may be the principal). The teacher shall state the nature of the grievance, and the immediate supervisor shall attempt to adjust the grievance. It is mandatory that the teacher present the grievance informally prior to proceeding to Step 2.

  2. Step 2 -- Principal. If for any reason the grievance is not resolved informally in Step 1 to the satisfaction of the teacher, the teacher must perfect his grievance by filing a written grievance appeal on the required form within 15 business days following the event giving rise to the grievance, or within 15 business days following the time when the employee knew or reasonably should have known of its occurrence, specifying on the form the specific relief expected. Regardless of the outcome of Step 1, if a written grievance appeal is not, without just cause, filed within the specified time, the grievance will be barred.

A meeting shall be held between the principal (or his designee or both) and the teacher (or his designee or both) within five business days of the receipt by the principal of the written grievance. At such meeting the teacher or other party involved, or both, shall be entitled to present appropriate witnesses and to be accompanied by a representative other than an attorney. The principal (or his designee or both) shall respond in writing within five business days following such meeting.

The principal may forward to the teacher within five days from the receipt of the written grievance a written request for more specific information regarding the grievance. The teacher shall file an answer thereto within 10 business days, and the meeting must then be held within five business days thereafter.

  1. Step 3 -- Superintendent. If the grievance is not settled to the teacher's satisfaction in Step 2, the teacher can proceed to Step 3 by filing a written notice of appeal with the superintendent, accompanied by the original written grievance appeal form within five business days after receipt of the Step 2 answer (or the due date of such answer). A meeting shall then be held between the superintendent (or his designee or both) and the teacher (or his designee or both) at a mutually agreeable time within five business days. The superintendent or designee may make a written request for more specific information from the teacher, but only if such information was not requested in Step 2. The teacher shall file an answer to such request within 10 business days, and the meeting shall be held within five business days of the date on which the answer was received. At such meeting both the superintendent and the teacher shall be entitled to present witnesses and to be accompanied by a representative who may be an attorney. A representative may examine, cross-examine, question, and present evidence on behalf of a grievant or the superintendent without violating the provisions of § 54.1-3904 of the Code of Virginia. If no settlement can be reached in said meeting, the superintendent (or his designee) shall respond in writing within five business days following such meeting. If the grievance is not resolved to the satisfaction of the teacher in Step 3, the teacher may request a decision by the school board pursuant to Step 4.

  2. Step 4 -- Decision by the school board.

a. If a teacher elects to request a decision by the school board as provided for in Step 3, he must notify the superintendent in writing of the intention to make the request of the board within five business days after receipt of the answer as required in Step 3 or the due date thereof. Upon receipt of such notice, the board may hold a hearing on the grievance, may elect to have the hearing conducted by a hearing officer appointed by the school board consistent with the procedures in § 22.1-311 of the Code of Virginia, or may make its determination on the basis of the written evidence presented by the teacher and the recommendation of the superintendent.

b. In any case in which the school board elects to hold a hearing or elects to have a hearing officer conduct the hearing, the hearing shall be set within 30 days of the school board's receipt of the notice required by subdivision 4 a of this section (Step 4a), and the teacher must be given at least 15 days' written notice of the date, time, and place of the hearing.

The teacher and the division superintendent may be represented by legal counsel or other representatives. The hearing shall be private, unless the teacher requests a public hearing. The school board or the hearing officer, as the case may be, shall establish the rules for the conduct of the hearing. Such rules shall include the opportunity for the teacher and the division superintendent to make an opening statement and to present all material or relevant evidence, including the testimony of witnesses and the right of all parties or their representatives to cross-examine the witnesses. Witnesses may be questioned by the school board or the hearing officer.

In the case of a hearing conducted by the school board, the school board's attorney, assistants, or representative, if he or they represented a participant in the prior proceedings, the grievant, the grievant's attorney or representative and, notwithstanding the provisions of § 22.1-69 of the Code of Virginia, the superintendent shall be excluded from any executive session of the school board that has as its purpose reaching a decision on the grievance. However, immediately after a decision has been made and publicly announced, as in favor of or not in favor of the grievant, the school board's attorney or representative, and the superintendent, may join the school board in executive session to assist in the writing of the decision.

A stenographic record or tape recording of the hearing shall be taken. However, the recording may be dispensed with entirely by mutual consent of the parties. If the recording is not dispensed with, the two parties shall share the cost of the recording equally, and if either party requests a transcript, that party shall bear the expense of its preparation.

c. In the event of a hearing conducted by a hearing officer, the recommendation of the hearing officer shall be based exclusively upon the evidence presented at the hearing. Upon the hearing officer's own motion or upon application by either party to the grievance, the hearing officer may reopen the hearing for the purpose of hearing after-discovered evidence upon a finding of good cause by the hearing officer at any time before his recommendation is due. The hearing officer shall transmit his written recommendation and a record or recording of the hearing to the school board as soon as practicable and no more than 10 business days after the hearing.

d. In the event of a hearing by a hearing officer, the school board may make its decision upon the record or recording of such hearing or the school board may elect to conduct a further hearing to receive additional evidence. The school board must hold such further hearing as soon as practicable and must give written notice of the time and place of such further hearing to the division superintendent and the teacher within 10 business days after the board received the record or recording of the initial hearing. The notice must specify each matter to be inquired into by the school board. The school board shall determine the procedure to be followed at such further hearing.

e. In the event of a hearing before the school board, the school board shall give the teacher its written decision as soon as practicable and no more than 30 days after the hearing. The decision of the school board shall be reached after considering the evidence and information presented at the school board hearing.

f. In the event of a hearing before a hearing officer followed by a further hearing by the school board, the school board shall give the teacher its written decision as soon as practicable and no more than 30 days after such further hearing. The decision of the school board shall be reached after considering the record or recording of the initial hearing, the recommendations of the hearing officer, and the evidence and information presented at the further hearing before the school board.

g. In the event of a hearing before a hearing officer in cases in which no further hearing is conducted by the school board, the school board shall give the teacher its written decision as soon as practicable and no more than 30 days after receiving the record or recording of the hearing. The decision of the school board shall be reached after considering the record or recording of the hearing and the recommendations of the hearing officer.

h. The school board shall retain its exclusive final authority over matters concerning employment and the supervision of its personnel.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-308 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0008 § 2.2, eff. February 1, 1986; amended, Virginia Register Volume 21, Issue 14, eff. May 2, 2005; Volume 33, Issue 5, eff. November 30, 2016.
8VAC20-90-40 Grievability

A. Initial determination of grievability. Decisions regarding whether a matter is grievable shall be made by the school board at the request of the division administration or grievant and such decision shall be made within 10 business days of such request. The school board shall reach its decision only after allowing the division administration and the grievant opportunity to present written or oral arguments regarding grievability. The decision as to whether the arguments shall be written or oral shall be at the discretion of the school board. Such determination of grievability shall be made subsequent to the reduction of the grievance to writing but prior to any hearing by the board or a hearing officer, or the right to such determination shall be deemed to have been waived. Failure of the school board to make such a determination within such a prescribed 10-business-day period shall entitle the grievant to advance to the next step as if the matter were grievable.

B. Appeal of determination on grievability. Decisions of the school board may be appealed to the circuit court having jurisdiction in the school division for a hearing on the issue of grievability.

  1. Proceedings for a review of the decision of the school board shall be instituted by filing a notice of appeal with the school board within 10 business days after the date of the decision and giving a copy thereof to all other parties.

  2. Within 10 business days thereafter, the school board shall transmit to the clerk of the court to which the appeal is taken, a copy of its decision, a copy of the notice of appeal, and the exhibits. The failure of the school board to transmit the record within the time allowed shall not prejudice the rights of the grievant. The court may, on motion of the grievant, issue a writ of certiorari requiring the school board to transmit the records on or before a certain date.

  3. Within 10 business days of receipt by the clerk of such record, the court, sitting without a jury, shall hear the appeal on the record transmitted by the school board and such additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The court may, in its discretion, receive such other evidence as the ends of justice require.

  4. The court may affirm the decision of the school board or may reverse or modify the decision. The decision of the court shall be rendered not later than 15 days from the date of the conclusion of the court's hearing.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-308 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0008 § 2.3, eff. February 1, 1986; amended, Virginia Register Volume 21, Issue 14, eff. May 2, 2005; Volume 33, Issue 5, eff. November 30, 2016.
8VAC20-90-50 Time limitations

A. The right of any party to proceed at any step of this Part II grievance procedure shall be conditioned upon compliance with the time limitations and other requirements set forth in this procedure.

B. The failure of the teacher to comply with all substantial procedural requirements including initiation of the grievance and notice of appeal to the next step in the procedure, shall eliminate the teacher's right to any further proceedings on the grievance unless just cause for such failure can be shown.

C. The failure of the school board or any supervisory employee to comply with all substantial procedural requirements without just cause shall entitle the grievant, at his option, to advance to the next step in the procedure or, at the final step, to a decision in his favor.

D. The determination as to whether the substantial procedural requirements of this Part II of the Procedure for Adjusting Grievances have been complied with shall be made by the school board. In any case in which there is a factual dispute as to whether the procedural requirements have been met or just cause has been shown for failure to comply, the school board shall have the option of allowing the grievant to proceed to its next step. The fact that the grievance is allowed to proceed in such case shall not prevent any party from raising such failure to observe the substantial procedural requirements as an affirmative defense at any further hearing involving the grievance.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-308 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0008 § 2.4, eff. February 1, 1986.

Part III Procedure for Dismissals

8VAC20-90-60 Dispute resolution

This Part III of the Procedure for Adjusting Grievances adopted by the Board of Education in accordance with the statutory mandate of Article 3 (§ 22.1-306 et seq.) of Chapter 15 of Title 22.1 of the Code of Virginia and the Standards of Quality for school divisions, Chapter 13.1 (§ 22.1-253.13:1 et seq.) of Title 22.1 of the Code of Virginia, is to provide an orderly procedure for the expeditious resolution of disputes involving the dismissal of any teacher.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-308 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0008, eff. February 1, 1986; amended, Virginia Register Volume 33, Issue 5, eff. November 30, 2016.
8VAC20-90-70 Procedure for dismissals

A. Notice to teacher of recommendation for dismissal.

  1. In the event a division superintendent determines to recommend dismissal of any teacher, written notice shall be sent to the teacher on forms prescribed by the State Board of Education notifying the teacher of the proposed dismissal and informing the teacher that within 10 business days after receiving the notice, the teacher may request a hearing before the school board or, at the option of the school board, a hearing officer appointed by the school board, as provided in § 22.1-311 of the Code of Virginia.

  2. During such 10-business-day period and thereafter until a hearing is held in accordance with the provisions of this subsection, if one is requested by the teacher, the merits of the recommendation of the division superintendent shall not be considered, discussed, or acted upon by the school board except as provided in this subsection.

  3. At the request of the teacher, the division superintendent shall provide the reasons for the recommendation in writing or, if the teacher prefers, in a personal interview. In the event a teacher requests a hearing pursuant to § 22.1-311 of the Code of Virginia, the division superintendent shall provide, within 10 days of the request, the teacher or the teacher's representative with the opportunity to inspect and copy the teacher's personnel file and all other documents relied upon in reaching the decision to recommend dismissal. Within 10 days of the request of the division superintendent, the teacher or the teacher's representative shall provide the division superintendent with the opportunity to inspect and copy the documents to be offered in rebuttal to the decision to recommend dismissal. The division superintendent and the teacher or the teacher's representative shall be under a continuing duty to disclose and produce any additional documents identified later that may be used in the respective parties' cases-in-chief. The cost of copying such documents shall be paid by the requesting party.

  4. Upon a timely request for a hearing, the school board or, at the option of the school board, a hearing officer appointed by the school board shall set a hearing within 15 days of the request and the teacher shall be given at least five days' written notice of the time and the place of the hearing.

B. Procedure for hearing.

  1. Upon a timely request for a hearing pursuant to subsection A of this section, the school board or, at the option of the school board, a hearing officer appointed by the school board or a three-member fact-finding panel shall set a hearing, and the teacher shall be given at least a 10-day written notice of the time and the place. The hearing shall be private, unless the teacher requests the hearing to be public. At the hearing, the teacher may appear with or without a representative and be heard, presenting testimony of witnesses and other evidence.

  2. Each school board may appoint an impartial hearing officer from outside the school division to conduct hearings pursuant to this section. A hearing officer shall not have been involved in the recommendation of dismissal as a witness or a representative. A hearing officer shall possess some knowledge and expertise in public education and education law and be capable of presiding over an administrative hearing. The hearing officer shall schedule and preside over such hearings and shall create a record or recording of such proceedings. The hearing officer shall make a written recommendation to the school board, a copy of which shall be provided to the teacher. The hearing officer shall transmit the recommendation and the record or recording of the hearing to the school board as soon as practicable and no more than 10 business days after the hearing. In the event of a hearing before a hearing officer, the school board may make its decision upon the record or recording of such hearing, pursuant to subsection C of this section, or the school board may elect to conduct a further hearing to receive additional evidence by giving written notice of the time and place to the teacher and the division superintendent within 10 business days after the board receives the record or recording of the initial hearing. Such notice shall also specify each matter to be inquired into by the school board.

  3. Each school board may elect for a three-member fact-finding panel to conduct hearings pursuant to this section. The teacher and the division superintendent shall each select one panel member, and the two panel members so selected shall select an impartial hearing officer to serve as the chairman of the panel. The fact-finding panel shall schedule and preside over such hearings and shall create a record or recording of such proceedings. The fact-finding panel shall make a written recommendation to the school board, a copy of which shall be provided to the teacher. The fact-finding panel shall transmit the recommendation and the record or recording of the hearing to the school board as soon as practicable but in no case more than 10 business days after the hearing. In the event of a hearing before a fact-finding panel, the school board may make its decision upon the record or recording of such hearing, pursuant to subsection C of this section, or the school board may elect to conduct a further hearing to receive additional evidence by giving written notice of the time and place of the hearing to the teacher and the division superintendent within 10 business days after the board receives the record or recording of the initial hearing. Such notice shall also specify each matter to be inquired into by the school board.

  4. A record or recording of any hearing conducted pursuant to this section shall be made. The parties shall share the cost of the recording equally. In proceedings concerning grievances not related to dismissal, the recording may be dispensed with entirely by mutual consent of the parties. In such proceedings, if the recording is not dispensed with, the two parties shall share the cost of the recording equally; if either party requests a transcript, that party shall bear the expense of its preparation. In cases of dismissal, the record or recording of the proceedings shall be preserved for a period of six months. If the school board requests that a transcript be made at any time prior to expiration of the six-month period, it shall be made and copies shall be furnished to both parties. The school board shall bear the expense of the transcription.

  5. Witnesses who are employees of the school board shall be granted release time if the hearing is held during the school day. The hearing shall be held at the school in which most witnesses work, if feasible.

  6. The school board, hearing officer, or three-member fact-finding panel, as the case may be, shall establish the rules for the conduct of the hearing, and such rules shall include the opportunity for the teacher and the division superintendent to make an opening statement and to present all material or relevant evidence, including the testimony of witnesses, and the right of all parties to cross-examine the witnesses. Witnesses may be questioned by the school board or hearing officer.

  7. The parties shall produce such additional evidence as the school board, hearing officer, or three-member fact-finding panel may deem necessary to an understanding and determination of the dispute. The school board, hearing officer, or three-member fact-finding panel shall determine the relevancy and materiality of the evidence offered. All evidence shall be taken in the presence of the school board, hearing officer, or three-member fact-finding panel and of the parties.

  8. Exhibits offered by the teacher or the division superintendent may be received in evidence by the school board or hearing officer and, when so received, shall be marked and made a part of the record.

C. School board determination.

  1. The school board shall retain exclusive and final authority over matters concerning employment and supervision of the school board's personnel, including dismissals and suspensions.

  2. In the event of a hearing before the school board, the school board shall give the teacher its written decision as soon as practicable but in no case more than 30 days after the hearing. The decision of the school board shall be reached after considering the evidence and information presented at the school board hearing.

  3. In the event of a hearing before a hearing officer appointed by the school board or a three-member fact-finding panel, the school board shall give the teacher its written decision as soon as practicable but in no case more than 30 days after receiving the record or recording of the hearing; however, should there be a further hearing before the school board, such decision shall be furnished the teacher as soon as practicable but in no case more than 30 days after such hearing. The decision of the school board shall be reached after considering the record or recording of the initial hearing, the recommendations of the hearing officer or three-member fact-finding panel, and the evidence and information presented at the further hearing before the school board.

  4. The school board may dismiss or suspend a teacher upon a majority vote of a quorum of the school board.

  5. The school board's attorney, assistants, or representative, if the attorney, assistants, or representative represented a participant in the prior proceedings; the grievant; the grievant's attorney or representative; and, notwithstanding the provisions of § 22.1-69 of the Code of Virginia, the superintendent shall be excluded from any executive session of the school board that has as its purpose reaching a decision on a grievance. However, immediately after a decision has been made and publicly announced, as in favor of or not in favor of the grievant, the school board's attorney or representative and the superintendent may join the school board in executive session to assist in the writing of the decision.

  6. In those instances when licensed personnel are dismissed or resign due to a conviction of any felony, any offense involving the sexual molestation, physical or sexual abuse, or rape of a child, any offense involving drugs, or due to having become the subject of a founded case of child abuse or neglect, the local school board shall notify the State Board of Education within 10 business days of such dismissal or the acceptance of such resignation.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-308 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0008 § 3.1, eff. February 1, 1986; amended, Virginia Register Volume 21, Issue 14, eff. May 2, 2005; Volume 33, Issue 5, eff. November 30, 2016; Volume 41, Issue 11, eff. February 27, 2025.
8VAC20-90-80 Time limitations

The right of any party to proceed at any step of the grievance procedure shall be conditioned upon compliance with the time limitations and other requirements set forth in this grievance procedure.

  1. The failure of the grievant to comply with all substantial procedural requirements shall terminate the teacher's right to any further proceedings on the grievance unless just cause for such failure can be shown.

  2. The failure of the school board or of any supervisory employee to comply with all substantial procedural requirements without just cause shall entitle the grievant, at his option, to advance to the next step in the procedure or, at the final step, to a decision in his favor.

  3. The determination as to whether the substantial procedural requirements of this Part III of the Procedure for Adjusting Grievances have been complied with shall be made by the school board. In any case in which there is a factual dispute as to whether the procedural requirements have been met or just cause has been shown for failure to comply, the school board shall have the option of allowing the grievance to proceed to its next step. The fact that the grievance is allowed to proceed in such case shall not prevent any party from raising such failure to observe the substantial procedural requirements as an affirmative defense at any further hearing involving the grievance.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-308 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0008 § 3.2, eff. February 1, 1986.

Chapter 100 Regulations Governing Literary Loan Applications in Virginia

Part I Policy

8VAC20-100-10 Policy

It is the policy of the Board of Education to assist localities in borrowing from the Literary Fund to the greatest extent feasible, taking into consideration, the size of the Literary Fund, the availability to school divisions of alternative financing, the number and repayment ability of school divisions desiring to borrow from the Literary Fund, and the sense of the General Assembly for the administration and equitable distribution of the Literary Fund.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 1.1, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.

Part II Definitions

8VAC20-100-20 Definitions

The following words and terms, when used in this chapter, shall have the following meanings:

"Approved Application List" means the list maintained by the Department of Education of those Literary Loan applications which initially have been approved as to form by the Board of Education but have not been placed on the "waiting list."

"Board" means the State Board of Education.

"Department" means the State Department of Education.

"Project" means capital construction for the purpose of erecting, altering, or enlarging a school building in a public school division of Virginia, or a regional center operating under a Board of Control as defined by board regulations.

"Waiting List" means the list maintained by the department of those Literary Loan applications which the board has placed on the waiting list of loans anticipating the release of loan funds from the Literary Fund.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 2.1, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.

Part III Application Approval

8VAC20-100-30 Application form

A school division applying for a Literary Loan shall meet the statutory requirements for such a loan as set forth in §§ 22.1-142 through 22.1-161 of the Code of Virginia and the Appropriations Act. The application shall be submitted to the department on Form V.A. 005, completed, signed, and sealed by the appropriate local officials and examining attorney certifying to the information contained in the application.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 3.1, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.
8VAC20-100-40 Application review

After examination and review of the contents of the application by the staff of the department and review of the application and the certifications by the Office of the Attorney General, the department shall recommend to the board the approval of those applications which are in proper form for further consideration by the board and for placement on the approved application list.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 3.2, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.
8VAC20-100-50 Application approval

Upon approval of a Literary Fund loan application, a Memorandum of Lien form, properly executed, and recorded in the appropriate circuit court is to be returned to the department. It is recognized that the lien is not effective until the Board of Education approves the initial release/commitment of funds against the project. Section 22.1-157 of the Code of Virginia provides that no recordation tax shall be assessable.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 3.3, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.
8VAC20-100-60 Nonapproval of application

Applications for Literary Fund loans shall not be approved by the board if the project already has been bid prior to receipt of the application in the department, except in the case of a documented emergency.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 3.4, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.

Part IV Approved Application List

8VAC20-100-70 Placement on list

The board shall place applications on the approved application list upon the recommendation of the department made by the Superintendent of Public Instruction or his designee.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 4.1, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.
8VAC20-100-80 Qualification for placement

For applications on the approved application list to qualify for placement on the waiting list, school divisions shall submit a copy of the plans and specifications with a letter of approval by the division superintendent, accompanied with a statement by an architect or professional engineer licensed by the Virginia Board for Architects, Professional Engineers, Land Surveyors and Landscape Architects that such plans and specifications are, to the best of his knowledge and belief, in compliance with the regulations of the Board of Education and the all Virginia Uniform Statewide Building Code.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 4.2, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.
8VAC20-100-90 Removal from list

Applications which remain on the approved application list for three years shall be removed from the list. Localities shall be notified at the end of the second year of the three-year cancellation policy.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 4.3, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.

Part V Range and Duration of Loans

8VAC20-100-100 Maximum loan amount

The maximum loan amount available for any single project through the Literary Fund is $5 million (effective for all applications approved by the board subsequent to the effective date of this chapter).

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 5.1, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.
8VAC20-100-110 Minimum loan amount

The minimum loan amount available for any single project through the Literary Fund is $50,000. The several applications to fund a regional project shall be combined for the purpose of meeting this minimum amount.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 5.2, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.
8VAC20-100-120 Duration of loans

Literary Fund loans shall be made for a period of not less than five years nor more than 20 years. Literary Fund loans in an amount between $50,000 and $100,000 shall be for a period of five years.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 5.3, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.

Part VI Interest Rates

8VAC20-100-130 Composite index

Except as modified by 8VAC20-100-150, the interest rate for a Literary Loan shall be based on the school division's Composite Index, used for distribution of State Basic Aid, in effect when the board places the project on the waiting list.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 6.1, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.
8VAC20-100-140 Determination of interest rate

The interest rate for a loan generally shall be determined on the basis of a composite index of the applying school division as follows:

| | | Per Annum Interest Rate | | --- | --- | --- | | Step 1. | Composite Index between .2 and .2999 | 2.0% | | Step 2. | Composite Index between .3 and .3999 | 3.0% | | Step 3. | Composite Index between .4 and .4999 | 4.0% | | Step 4. | Composite Index between .5 and .5999 | 5.0% | | Step 5. | Composite Index between .6 and .8000 | 6.0% |

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 6.2, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.
8VAC20-100-150 Fixed rate

The board reserves its option under § 22.1-150 of the Code of Virginia to fix the actual rate for a Literary Loan, on the date funds for the Literary Loan are approved for release, at one percentage point above or below the rate applicable on the date the application was placed on the waiting list.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 6.3, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.

Part VII Waiting List

8VAC20-100-160 Placement on waiting list

After a loan application initially has been approved by the department and the division submits a copy of the plans, approval by the division superintendent and architect, the board shall consider placement of the application on the waiting list.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 7.1, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.
8VAC20-100-170 Priorities

Applications shall be placed into priorities on the waiting list as follows:

Priority 1: Applications placed on the waiting list by the Board of Education from school divisions having a composite index less than .6000, and an outstanding indebtedness (including the application considered for release of funds by the Board of Education) to the Literary Fund less than $20 million.

Priority 2: Applications placed on the waiting list by the Board of Education from school divisions having a composite index of .6000 or above, or an outstanding indebtedness (including the application considered for release of funds by the Board of Education) to the Literary Fund greater than $20 million.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 7.2, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.
8VAC20-100-180 Eligibility for release of funding

Within each priority, applications shall become eligible for release of funding in the same relative order as having been approved by the board as having met all conditions for a Literary Fund loan.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 7.3, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.
8VAC20-100-190 Eligibility of Priority 2 applications

Applications in Priority 2 shall be eligible for funding only when the board determines that all applications, current and anticipated, and the applications to be added from Priority 2 can be funded within one year.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 7.4, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.
8VAC20-100-200 Reassignment of application

The board may place an individual application ahead of its position assigned by 8VAC20-100-180, if the board finds that the best interest for the education in the state is served by such placement. Reasons for such placement may include, but are not limited to (i) asbestos containment or removal, (ii) natural disasters, (iii) unique circumstances that may be detrimental to education in the absence of a Literary Fund loan. Such placement shall be acted on by the board on an individual application basis when all requirements for release of a Literary Fund loan have been met by the school division.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 7.5, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.
8VAC20-100-210 Priority funding

The board shall provide priority funding for any application resulting directly from the consolidation of two or more divisions into a single school division.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 7.6, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.

Part VIII Release of Literary Funds

8VAC20-100-220 Unencumbered sum available

The release of Literary Funds shall be approved by the board for an application when the Literary Fund has an unencumbered sum available that is at least equal to the amount of the application.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 8.1, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.
8VAC20-100-230 Expenditure of other funds

All other funds committed to a Literary Fund project shall be expended before the Literary Fund loan shall be available for disbursement to the locality for the approved project.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 8.2, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.
8VAC20-100-240 Actual disbursements

Actual disbursements charged to the approved Literary Fund loan shall be subject to the submission of actual invoices or other evidence of bills paid or due and payable by the locality.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 8.3, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.
8VAC20-100-250 Award of construction contract

Upon the award of the construction contract for an application in Priority 1 on the Waiting List, funds shall be released for the reimbursement of the design phase of architectural and engineering services for the project. Applications in Priority 2 shall be eligible for reimbursement of the design phase of architectural and engineering services only when the application has been certified to be eligible for funding by the board under 8VAC20-100-190.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 8.4, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.
8VAC20-100-260 Conditions

After the submission to the Superintendent of Public Instruction of a copy of the plans and specifications with a letter of approval by the division superintendent, accompanied with a statement by an architect or professional engineer licensed by the Virginia Board for Architects, Professional Engineers, Land Surveyors and Landscape Architects that such plans and specifications are, to the best of his knowledge and belief, in compliance with the regulations of the Board of Education and the Virginia Uniform Statewide Building Code, the locality may proceed with a Literary Fund project and still qualify for reimbursement from the Literary Fund under the following conditions:

  1. A formal declaration is made by the governing body of intent to reimburse itself for prior expenditures paid for out of its general fund or to refinance debt that was used to pay or to reimburse itself for prior expenditures.

  2. Short term financing, or advances from other fund balances and current operating funds, is used for that portion of the project to be financed by a Literary Fund loan (§ 22.1-148 B of the Code of Virginia) which shall be subject to the restrictions found in § 22.1-110 of the Code of Virginia; or permanent financing such as bond funds authorized through locally approved referenda, by local charter, the Virginia Public School Authority, or other funding mechanisms are used for the Literary Fund portion of the project, and the literary funds can be used for the refinancing or redemption of such negotiable notes, bonds, or other evidences of indebtedness or obligations.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 8.5, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.
8VAC20-100-270 Returning application to approved application list

An application which has been approved for release of funds and which has not been bid within two months of the board action to release funds will be returned to the approved application list. Upon the written request by the locality for reinstatement, any application so returned shall be reinstated by the board at the bottom of the appropriate priority (8VAC20-100-170) of the waiting list. The date of the board's reinstatement on the waiting list by this section shall determine the relative order for eligibility of funding.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 8.6, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.

Part IX Property Transfer

8VAC20-100-280 Property transfer

When a school board or a local governing body sells or transfers property on which there is an outstanding balance on a Literary Loan, such balance becomes due and must be paid before title to the property is conveyed to the new owner. In no event, however, shall this provision be applicable where a court of competent jurisdiction decrees otherwise in an annexation settlement, or where fee simple title, after sale or transfer, remains in either the school board or its governing body.

History

  • Statutory Authority: Article VIII, § 8 of the Constitution of Virginia; §§ 22.1-140 and 22.1-142 et seq. of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0009 § 9.1, eff. March 30, 1988; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.

Chapter 110 Regulations Governing Pupil Accounting Records

Part I Teacher's Register

8VAC20-110-10 Purpose

The purposes of automated or other pupil accounting systems are for proper pupil accounting in the instructional program, for school administration, and for the distribution of major state school funds.

Local school boards may select automated or other systems for pupil accounting and shall adopt rules and regulations for proper maintenance, retention, reporting, disclosure and accuracy of all pupil accounting information. Such procedures shall comply with all applicable federal and state laws and regulations relating to pupil records.

The Superintendent of Public Instruction shall, from time to time, provide guidelines to local school boards.

History

  • Statutory Authority: §§ 22.1-16, 22.1-20 and 22.1-259 of the Code of Virginia
  • Historical Notes: Derived from VR270-01-0010 § 1.1, eff. July 1, 1988; amended, Virginia Register Volume 17, Issue 12, eff. March 28, 2001.
8VAC20-110-20 (Repealed.)

Historical Notes

Derived from VR270-01-0010 § 1.2, eff. July 1, 1988; repealed, Virginia Register Volume 17, Issue 12, eff. March 28, 2001.

8VAC20-110-30 Teaching day defined

A teaching day is defined as a day on which the school is in regular session for the instruction of pupils.

History

  • Statutory Authority: §§ 22.1-16, 22.1-20, and Chapter 14 of Title 22.1 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0010 § 1.3, eff. July 1, 1988.
8VAC20-110-40 When pupil counted present

A pupil shall be counted present only when he is present for roll calls or is in attendance for approved participation at approved school-sponsored field trips or other approved activities or events. A pupil reporting after roll call will be recorded present and tardy.

History

  • Statutory Authority: §§ 22.1-16, 22.1-20 and 22.1-259 of the Code of Virginia
  • Historical Notes: Derived from VR270-01-0010 § 1.4, eff. July 1, 1988; amended, Virginia Register Volume 17, Issue 12, eff. March 28, 2001.
8VAC20-110-50 Approval of school-sponsored field trips and other activities

All school-sponsored field trips and other activities or events for which pupil attendance may be counted shall be approved through procedures adopted by the school board.

History

  • Statutory Authority: §§ 22.1-16, 22.1-20 and 22.1-259 of the Code of Virginia
  • Historical Notes: Derived from VR270-01-0010 § 1.5, eff. July 1, 1988; amended, Virginia Register Volume 17, Issue 12, eff. March 28, 2001.
8VAC20-110-60 (Repealed.)

Historical Notes

Derived from VR270-01-0010 § 1.6, eff. July 1, 1988; repealed, Virginia Register Volume 17, Issue 12, eff. March 28, 2001.

8VAC20-110-70 (Repealed.)

Historical Notes

Derived from VR270-01-0010 § 1.7, eff. July 1, 1988; repealed, Virginia Register Volume 17, Issue 12, eff. March 28, 2001.

8VAC20-110-80 Absence because of school bus not reaching school, etc

If a school bus does not arrive at the school, regardless of the reason, and the children are unable to reach the school by other means of transportation, such children cannot be counted present.

History

  • Statutory Authority: §§ 22.1-16, 22.1-20, and Chapter 14 of Title 22.1 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0010 § 1.8, eff. July 1, 1988.
8VAC20-110-90 When pupil dismissed early

If a school is closed due to inclement weather, civil defense alert, or other emergencies, and the children are dismissed early, pupils may be counted present.

History

  • Statutory Authority: §§ 22.1-16, 22.1-20, and Chapter 14 of Title 22.1 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0010 § 1.9, eff. July 1, 1988.
8VAC20-110-100 Excused full-day absences

Excused full-day absences must not be counted as "present" under any condition.

History

  • Statutory Authority: §§ 22.1-16, 22.1-20, and Chapter 14 of Title 22.1 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0010 § 1.10, eff. July 1, 1988.
8VAC20-110-110 Special students attending school in the morning

Special students, including those in work-study and COE programs, who attend school in the morning and are released for work in the afternoon may be counted as present.

History

  • Statutory Authority: §§ 22.1-16, 22.1-20, and Chapter 14 of Title 22.1 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0010 § 1.11, eff. July 1, 1988.
8VAC20-110-120 Pupil transfers

A. For any pupil transferring from a Virginia public school, a certificate (on a form prescribed by the Superintendent of Public Instruction) shall be prepared certifying that such pupil has been removed from the roll of the school from which such pupil is transferring. The effective date of removal from the roll shall be the date such pupil withdraws from the school and shall be included on the certificate.

B. Any pupil transferring to a Virginia public school from a Virginia public school shall present such certificate to the school to which the pupil is seeking entry. This requirement does not apply to pupils transferring from a private school or a public school located outside of the Commonwealth of Virginia.

History

  • Statutory Authority: §§ 22.1-16, 22.1-20, and Chapter 14 of Title 22.1 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0010 § 1.12, eff. July 1, 1988.
8VAC20-110-130 When pupil dropped from roll

A pupil shall be dropped from the roll and marked "Withdrawn"

  1. When a certificate of transfer is executed;

  2. When a pupil has been expelled or suspended for more than 15 days;

  3. When a pupil has been absent for 15 consecutive days or more; or

  4. When a pupil is transferred to a state-operated institution or hospital.

History

  • Statutory Authority: §§ 22.1-16, 22.1-20, and Chapter 14 of Title 22.1 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0010 § 1.13, eff. July 1, 1988.

Part II Centralized Pupil Accounting System [Repealed]

8VAC20-110-140 (Repealed.)

Historical Notes

Derived from VR270-01-0010 § 2.1, eff. July 1, 1988; repealed, Virginia Register Volume 17, Issue 12, eff. March 28, 2001.

Chapter 120 Regulations Governing Career and Technical Education

Part I General Provisions

8VAC20-120-10 Authority to promulgate; requirements for compliance with state and federal regulations

These regulations are promulgated by the Board of Education pursuant to § 22.1-16 of the Code of Virginia for career and technical education programs funded in whole or in part with state funds. Federal laws pertaining to such programs permit state regulations in addition to federal requirements (see Carl D. Perkins Act of 2006 (Perkins Act of 2006), § 121 (20 USC § 2341)).

Local education agencies operating career and technical education programs shall comply with these regulations of the Board of Education and requirements of applicable federal legislation, including the Education Department General Administrative Regulations (EDGAR) (34 CFR 74.2) and the Perkins Act of 2006.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-227 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0011 § 1.1, eff. August 19, 1987; amended, Virginia Register Volume 18, Issue 8, eff. January 31, 2002; Volume 29, Issue 6, eff. December 19, 2012.
8VAC20-120-20 Definitions

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

"Academic and career plan" means the student's program of study for high school graduation and postsecondary career pathway based on the student's academic and career interests. The academic and career plan shall be developed in accordance with guidelines established by the Board of Education. (Also see the definition of "program of study.")

"All aspects of an industry" means strong experience in, and comprehensive understanding of, the industry that the individual is preparing to enter.

"Board" means that the Board of Education is designated as the State Board for Career and Technical Education to carry out the provisions of the federal Perkins Act of 2006 and any new amendments or acts, and as such shall promote and administer the provisions of agricultural education, business and information technology, marketing, family and consumer sciences, health and medical services, technology education, and trade and industrial education in the public middle and high schools, regional schools established pursuant to § 22.1-26 of the Code of Virginia, postsecondary institutions, and other eligible institutions for youth and adults.

"Career clusters and pathways" means a grouping of occupations and industries based on commonalities. Sixteen career clusters provide an organizing tool for schools, small learning communities, academies, and magnet schools. Within each career cluster, there are multiple career pathways that represent a common set of skills and knowledge, both academic and technical, necessary to pursue a full range of career opportunities within that pathway, ranging from entry level to management and including technical and professional career specialties. Based on the skills sets taught, all CTE courses are aligned with one or more career clusters and career pathways. The states' career clusters refers to a clearinghouse for career clusters research, products, services and technical assistance for implementation of the states' career cluster framework for lifelong learning.

"Career and technical student organization" means an organization for individuals enrolled in a career and technical education program that engages in career and technical activities as an integral part of the instructional program. These organizations may have state and national units that aggregate the work and purposes of instruction in career and technical education at the local level; if so, these organizations shall be (i) National FFA Organization, formerly known as Future Farmers of America; (ii) Future Business Leaders of America (FBLA); (iii) Future Educators Association (FEA); (iv) Health Occupations Students of America (HOSA); (v) Family, Career and Community Leaders of America (FCCLA); (vi) DECA, formerly known as DECA: An Association of Marketing Students; (vii) Technology Student Association (TSA); (viii) Skills USA; and (ix) other student organizations that may be approved at the state and national levels.

"Categorical entitlement" means the amount of funding a local education agency is eligible to receive for a specific purpose, subject to state or federal regulations and the availability of funds.

"Competency-based education" means relevant learning that contributes to the academic knowledge, higher-order reasoning and problem-solving skills, work attitudes, workplace readiness skills, technical skills, and occupation-specific skills, and knowledge of all aspects of an industry, including entrepreneurship, of an individual. Evaluation of student progress is based on standards of the occupation or field and the maintenance of student records of achievement in skill development.

"Cooperative education" means a method of education for individuals who, through written cooperative arrangements between a school and employers, receive instruction, including required rigorous and challenging academic courses and related career and technical education instruction, by alternation of study in school with paid employment in any occupation field, which alternation (i) shall be planned and supervised by the school and employer so that each contributes to the education, employability, and career objective of the individual; and (ii) may include an arrangement in which work periods and school attendance may be on alternate half days, full days, weeks, or other periods of time in fulfilling the cooperative program.

"Data" means information, both written and verbal, concerning career and technical education programs, activities, and students. Data include financial, administrative, demographic, student performance, and programmatic information and statistics.

"Department" means the Virginia Department of Education.

"Disability" means, with respect to an individual (i) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (ii) a record of such impairment; or (iii) being regarded as having such an impairment.

"Displaced homemaker" means an individual who (i) has worked primarily without remuneration to care for a home and family, and for that reason has diminished marketable skills; has been dependent on the income of another family member but is no longer supported by that income; or is a parent whose youngest dependent child will become ineligible to receive assistance under Part A of Title IV of the Social Security Act (42 USC § 601 et seq.) not later than two years after the date on which the parent applies for assistance under such title; and (ii) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.

"Entitlement" means the amount of funding a local education agency is eligible to receive, subject to state or federal regulations and the availability of funds.

"Equipment" means tangible nonexpendable personal property including exempt property charged directly to the award having a useful life of more than one year.

"Extended contract" means a period of time provided to instructors for employment beyond the regular contractual period.

"Federal program monitoring" means monitoring and evaluation program effectiveness and ensuring compliance with all applicable state and federal laws.

"Follow-up survey" means the collection of information regarding the status of students following completion of a career and technical education program.

"Individualized education program" or "IEP" means a written statement for a child with a disability that is developed, reviewed, and revised in a team meeting in accordance with this chapter. The IEP specifies the individual educational needs of the child and what special education and related services are necessary to meet the child's educational needs (34 CFR 300.22).

"Individual with limited English proficiency" means a secondary school student, an adult, or an out-of-school youth who has limited ability in speaking, reading, writing, or understanding the English language and (i) whose native language is a language other than English and (ii) who lives in a family or community environment in which a language other than English is the dominant language.

"Industry credential" means the successful completion of an industry certification examination or an occupational competency assessment in a career and technical education field that confers certification of skills and knowledge from a recognized industry or trade or professional association or the acquiring of a professional license in a career and technical education field from the Commonwealth of Virginia. The certification examination or occupational competency assessment used to verify student achievement must be approved by the Board of Education.

"Local career and technical education plan" means a document submitted by a local education agency as prescribed by the Board of Education describing how the career and technical education programs required for funding will be maintained and how career and technical education activities will be carried out with respect to meeting state and local adjusted levels of performance established under Perkins Act of 2006, Accountability, § 113 (20 USC § 2323).

"Local education agency" means a public board of education or other public authority legally constituted within a state for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a state, or for a combination of school divisions or counties that is recognized in a state as an administrative agency for its public elementary schools or secondary schools.

"Maintenance of effort" means the assurance that localities continue to provide funding for career and technical education (CTE) programs at least at the level of support of the previous year.

"Nontraditional fields" means occupations or fields of work, including careers in computer science, technology, and other current and emerging high skill occupations, for which individuals from one gender comprise less than 25% of the individuals employed in each such occupation or field of work.

"Performance measures" means core indicators of performance for careers and technical education students at the secondary level that are valid and reliable and that include measures identified in the accountability section of the Perkins Act of 2006 (20 USC § 2323).

"Program of study" or "plan of study" means planning a sequence of academic, career and technical, or other elective courses that (i) incorporate secondary education and postsecondary education elements; (ii) include coherent and rigorous content aligned with challenging academic standards and relevant career and technical content in a coordinated, nonduplicative progression of courses that align secondary education with postsecondary education to adequately prepare students to succeed in postsecondary education; (iii) may include opportunity for secondary students to participate in dual or concurrent enrollment programs or other ways to acquire postsecondary education credits; and (iv) lead to an industry-recognized credential, license, or certificate or an associate degree at the secondary or postsecondary level or a baccalaureate or higher degree at the postsecondary level. (Also see the definition of "academic and career plan.")

"Section 504" means that section of the Rehabilitation Act of 1973 (29 USC § 791 et seq.), as amended, that is designed to eliminate discrimination on the basis of a disability in any program or activity receiving federal financial assistance.

"Special populations" means (i) individuals with disabilities; (ii) individuals from economically disadvantages families, including foster children; (iii) individuals preparing for nontraditional fields; (iv) single parents, including single pregnant women; (v) displaced homemakers; or (vi) individuals with limited English proficiency.

"Training agreement" means a written statement of commitment from the student, the parent, the training station, and the teacher-coordinator. It is a required formal document that spells out the responsibilities of all involved parties in the cooperative education method of instruction.

"Training plan" means a required formal document that identifies classroom and on-the-job instruction that contributes to the employability and on-going development of each cooperative education student. (A recommended format is available from the Department of Education.)

"Work station" means an area in a classroom/laboratory that includes the necessary environment, instructional and consumable materials, and equipment to enable each student to accomplish competencies within a career and technical education course.

"Workplace readiness skills" means a list of personal qualities and people skills, professional knowledge and skills, and technology knowledge and skills identified by Virginia employers that are essential for individual workplace success and critical to Virginia's economic competitiveness. These skills will be updated as required.

"Verified unit of credit" or "verified credit" means credit awarded for a course in which a student earns a standard unit of credit and achieves a passing score on a corresponding end-of-course Standards of Learning (SOL) test or an additional test approved by the Board of Education as part of the Virginia assessment program.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-227 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0011 § 1.2, eff. August 19, 1987; amended, Virginia Register Volume 18, Issue 8, eff. January 31, 2002; Volume 29, Issue 6, eff. December 19, 2012.

Part II Administration of Career and Technical Education Programs

8VAC20-120-30 State/federal financial assistance

Financial assistance shall be provided to support the operation, improvement, and expansion of career and technical education.

  1. Financial assistance provided through entitlements resulting from full-time equivalent student enrollments shall be used to support career and technical education program operation.

  2. Financial assistance provided through categorical entitlements shall be used to support the following:

a. Principals and assistant principals of technical education centers if at least 50% of their time is spent in career and technical education program administration or supervision;

b. Extended contracts of instructors for activities related to the coordination, development, or improvement of career and technical education programs;

c. Equipment included on the Recommended Equipment Approved for Career and Technical Education Programs lists by the Department of Education or local option approved by the Department of Education;

d. Adult occupational career and technical education to provide opportunities for adults to prepare for initial employment, retraining, or career advancement; and

e. Funding for industry credentials appearing on the Virginia Board of Education approved list.

  1. No less than 60% of federal funds may be expended on required expenditures and up to 40% may be spent on permissive uses of funds as identified in the Perkins Act of 2006. If a school division does not meet the Perkins Act of 2006 performance measures, then the department may direct local expenditures toward uses of funds to improve the division's performance.

History

  • Statutory Authority: §§ 22.1-16, and 22.1-227 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0011 § 2.1, eff. August 19, 1987; amended, Virginia Register Volume 18, Issue 8, eff. January 31, 2002; Volume 29, Issue 6, eff. December 19, 2012.
8VAC20-120-40 Local career and technical education plan

Each eligible participant shall submit to the Department of Education a local career and technical education plan for review and approval. The local plan will be submitted as specified in federal legislation. An annual budget funding application shall be submitted to the department for review and approval.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-227 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0011 § 2.2, eff. August 19, 1987; amended, Virginia Register Volume 18, Issue 8, eff. January 31, 2002; Volume 29, Issue 6, eff. December 19, 2012.
8VAC20-120-50 Career and Technical Education Advisory Committee

Each local education agency or region shall establish a general career and technical education advisory committee to provide recommendations to the local educational agency (or board) on current job needs and the relevancy of career and technical education programs offered and to assist in the development, implementation, and evaluation of the local plan and application.

  1. Committees shall be composed of members of the public, including students, teachers, parents, and representatives from business, industry, and labor, with appropriate representation of both sexes and racial and ethnic groups found in the school, community, or region served by the committee.

  2. The committee shall meet at regular intervals during the year to assist in the planning, implementing, and assessing of career and technical education programs.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-227 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0011 § 2.3, eff. August 19, 1987; amended, Virginia Register Volume 18, Issue 8, eff. January 31, 2002; Volume 29, Issue 6, eff. December 19, 2012.
8VAC20-120-60 (Repealed.)

Historical Notes

Derived from VR270-01-0011 § 2.4, eff. August 19, 1987; repealed, Virginia Register Volume 18, Issue 8, eff. January 31, 2002.

8VAC20-120-70 Reporting requirements

Local education agencies shall provide data on career and technical education for federal and state accountability requirements, planning, and evaluation as prescribed by federal legislation and the Department of Education.

Local education agencies (LEAs) shall participate in the federal program monitoring as prescribed by the Department of Education and as required by the Perkins Act of 2006.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-227 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0011 § 2.5, eff. August 19, 1987; amended, Virginia Register Volume 18, Issue 8, eff. January 31, 2002; Volume 29, Issue 6, eff. December 19, 2012.
8VAC20-120-80 Management of equipment inventory

Local education agencies shall maintain a current inventory of all equipment items purchased in whole or in part with federal or state funds. Equipment purchased with state funds must:

  1. Be acquired in accordance with state procurement laws and regulations;

  2. Include local funding that would provide maintenance of effort; and

  3. Be itemized on the Recommended Equipment Approved for Career and Technical Education Programs list provided by the Department of Education or local option approved by the Department of Education.

Equipment purchased with combined state and federal funds must be used in accordance with provisions of the Carl D. Perkins Career and Technical Education Act of 2006, and acquired and disposed of in accordance with federal Education Department General Administrative Regulations (EDGAR) and appropriate state procurement laws and regulations.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-227 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0011 § 2.6, eff. August 19, 1987; amended, Virginia Register Volume 18, Issue 8, eff. January 31, 2002; Volume 29, Issue 6, eff. December 19, 2012.
8VAC20-120-90 Construction of facilities

Construction of career and technical facilities shall comply with all federal and state regulations. Federal guidelines pertaining to construction of educational facilities are provided by Education Department General Administrative Regulations (EDGAR).

History

  • Statutory Authority: §§ 22.1-16 and 22.1-227 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0011 § 2.7, eff. August 19, 1987; amended, Virginia Register Volume 18, Issue 8, eff. January 31, 2002.

Part III Operation of Career and Technical Education Programs

8VAC20-120-100 Access to career and technical education programs

Career and technical education programs administered by local education agencies receiving federal or state education funds shall be made equally available and accessible to all persons and specifically prohibits discrimination on the basis of sex, race, color, national origin , religion, age, political affiliation, or veteran status, or against otherwise qualified persons with disabilities.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-227 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0011 § 3.1, eff. August 19, 1987; amended, Virginia Register Volume 18, Issue 8, eff. January 31, 2002; Volume 29, Issue 6, eff. December 19, 2012.
8VAC20-120-110 New career and technical education programs

The need for new career and technical preparation programs shall be based on student interests and labor market needs.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-227 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0011 § 3.2, eff. August 19, 1987; amended, Virginia Register Volume 18, Issue 8, eff. January 31, 2002; Volume 29, Issue 6, eff. December 19, 2012.
8VAC20-120-120 Program requirements

A. Career and technical education programs shall be competency based and meet the following criteria:

  1. Career and technical education programs are aligned with states' career clusters and career pathways that allow for utilization with academic and career plans;

  2. State-established, industry-validated competencies are identified and stated;

  3. Competencies are specified to students prior to instruction;

  4. Measures for successful performance of individual competencies are identified, stated, and used to evaluate achievement of competencies;

  5. A system exists for rating and documenting the competency performance of each student; and

  6. Competencies shall address all aspects of an industry and workplace readiness skills.

B. Performance measures, as determined by the Department of Education, will be achieved annually.

C. Career and technical education programs must be provided in middle and secondary schools. The middle school must include a minimum of one career and technical offering. Each secondary school shall provide a minimum of three career and technical program areas to include a minimum of 11 course offerings.

D. Career and technical education programs must provide industry credentialing, certification, and licensure as approved by the Board of Education to meet requirements for verified credit.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-227 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0011 § 3.3, eff. August 19, 1987; amended, Virginia Register Volume 18, Issue 8, eff. January 31, 2002; Volume 29, Issue 6, eff. December 19, 2012.
8VAC20-120-130 Individualized programs for students with disabilities

Essential competency profiles provided by the Department of Education for career and technical education courses may be modified for students with Individualized Education Programs (IEPs) or Section 504 Plans who are enrolled in career and technical education courses. Such modification shall be made in conformance with IEP requirements as stated in Regulations Governing Special Education Programs for Children with Disabilities in Virginia (8VAC20-81). The modified list of essential competencies must, as a group, be selected so that student attainment of the essential competencies prepares the student for a job or career.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-227 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0011 § 3.4, eff. August 19, 1987; amended, Virginia Register Volume 18, Issue 8, eff. January 31, 2002; Volume 29, Issue 6, eff. December 19, 2012.
8VAC20-120-140 Cooperative education

Career and technical education programs using the cooperative education method of instruction shall:

  1. Develop and follow a training plan and training agreement for each student receiving training through cooperative education.

Parties to the training agreement shall include the student, parent or guardian, instructor, employer, and a school administrator ; and

  1. Specify provisions for instructor travel for on-the-job coordination.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-227 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0011 § 3.5, eff. August 19, 1987; amended, Virginia Register Volume 18, Issue 8, eff. January 31, 2002; Volume 29, Issue 6, eff. December 19, 2012.
8VAC20-120-150 Maximum class size

Enrollments in career and technical education courses shall not exceed the number of individual work stations.

  1. Career and technical education laboratory classes that use equipment that has been identified by the U.S. Department of Labor for hazardous occupations shall be limited to a maximum of 20 students per laboratory. The career and technical education courses that have this restriction are published annually by the Virginia Department of Education.

  2. Career and technical education courses designed specifically and approved for students who are disadvantaged shall be limited to an average of 15 students per instructor per class period with no class being more than 18.

  3. Career and technical education courses designed specifically and approved for students with disabilities shall be limited to an average of 10 students per instructor per class period with no class being more than 12 or up to an average of 12 students per class period with no class being more than 15 where an instructional aide is provided.

  4. Career and technical education programs offering classes that require the cooperative education method of instruction shall:

a. Be limited to an average of 20 students per instructor per class period with no class being more than 24; and

b. Have a class period assigned to the instructor for on-the-job coordination for each 20 students participating in the on-the-job training.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-227 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0011 § 3.6, eff. August 19, 1987; amended, Virginia Register Volume 18, Issue 8, eff. January 31, 2002; Volume 29, Issue 6, eff. December 19, 2012.
8VAC20-120-160 Career and technical education student organizations

A. All career and technical education students shall be provided opportunities to participate in instructional activities of the local organization.

B. A career and technical education student organization shall be an integral and active part of each secondary career and technical program (grades 9, 10, 11, 12) offered.

C. Each middle school career and technical education program (grades 6, 7, 8) offered shall include co-curricular instructional activities related to the respective career and technical education student organization.

D. Where dues are collected for membership in such organizations, payment of such dues shall not determine a student's participation in instructional activities of the local organization.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-227 of the Code of Virginia.
  • Historical Notes: Derived from VR270-01-0011 § 3.7, eff. August 19, 1987; amended, Virginia Register Volume 18, Issue 8, eff. January 31, 2002; Volume 29, Issue 6, eff. December 19, 2012.
8VAC20-120-170 Student safety

A. Each career and technical education program shall include health and safety standards, including protective eye devices, that are applicable to the operation of that program, that shall be made an integral part of program instruction.

B. Each career and technical education program shall comply with applicable federal and state laws and regulations related to health and safety.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-227 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 18, Issue 8, eff. January 31, 2002; amended, Virginia Register Volume 29, Issue 6, eff. December 19, 2012.

Chapter 131 Regulations Establishing Standards for Accrediting Public Schools in Virginia [Repealed]

Part I Definitions and Purpose [Repealed]

8VAC20-131-5 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 22, Issue 24, eff. September 7, 2006; amended, Virginia Register Volume 25, Issue 21, eff. July 31, 2009; Volume 31, Issue 5, eff. December 3, 2014; Volume 31, Issue 26, eff. October 8, 2015; Volume 34, Issue 8, eff. January 11, 2018; Volume 35, Issue 25, eff. September 19, 2019; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-10 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Volume 31, Issue 26, eff. October 8, 2015; Volume 34, Issue 8, eff. January 11, 2018; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.

Part II Philosophy, Goals, and Objectives [Repealed]

8VAC20-131-20 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Volume 34, Issue 8, eff. January 11, 2018; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.

Part III Student Achievement [Repealed]

8VAC20-131-30 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Volume 25, Issue 21, eff. July 31, 2009; Volume 31, Issue 26, eff. October 8, 2015; Volume 34, Issue 8, eff. January 11, 2018; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-40 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; repealed, Virginia Register Volume 22, Issue 24, eff. September 7, 2006.

8VAC20-131-50 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Volume 25, Issue 21, eff. July 31, 2009; Volume 27, Issue 24, eff. August 31, 2011; Volume 31, Issue 5, eff. December 3, 2014; Volume 31, Issue 26, eff. October 8, 2015; Volume 34, Issue 8, eff. January 11, 2018; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-51 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 34, Issue 8, eff. January 11, 2018; amended, Virginia Register Volume 35, Issue 25, eff. September 19, 2019; Volume 37, Issue 14, eff. April 15, 2021; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-60 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Volume 25, Issue 21, eff. July 31, 2009; Volume 27, Issue 24, eff. August 31, 2011; Volume 31, Issue 5, eff. December 3, 2014; Volume 31, Issue 26, eff. October 8, 2015; Volume 34, Issue 8, eff. January 11, 2018; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.

Part IV School Instructional Program [Repealed]

8VAC20-131-70 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Volume 34, Issue 8, eff. January 11, 2018; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-80 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Volume 25, Issue 21, eff. July 31, 2009; Volume 34, Issue 8, eff. January 11, 2018; Volume 35, Issue 25, eff. September 19, 2019; Volume 39, Issue 4, eff. November 9, 2022; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-90 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Volume 34, Issue 8, eff. January 11, 2018; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-100 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Volume 25, Issue 21, eff. July 31, 2009; Volume 27, Issue 24, eff. August 31, 2011; Volume 34, Issue 8, eff. January 11, 2018; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-110 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Volume 27, Issue 24, eff. August 31, 2011; Volume 31, Issue 5, eff. December 3, 2014; Volume 31, Issue 26, eff. October 8, 2015; Volume 34, Issue 8, eff. January 11, 2018; Volume 35, Issue 25, eff. September 19, 2019; Volume 36, Issue 19, eff. June 25, 2020; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-120 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 34, Issue 8, eff. January 11, 2018; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-130 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-140 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Volume 25, Issue 21, eff. July 31, 2009; Volume 27, Issue 24, eff. August 31, 2011; Volume 28, Issue 24, eff. August 29, 2012; Volume 34, Issue 8, eff. January 11, 2018; Volume 35, Issue 25, eff. September 19, 2019; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-150 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Volume 34, Issue 8, eff. January 11, 2018; Volume 35, Issue 25, eff. September 19, 2019; Volume 39, Issue 4, eff. November 9, 2022; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-160 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; repealed, Virginia Register Volume 22, Issue 24, eff. September 7, 2006.

8VAC20-131-170 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Volume 34, Issue 8, eff. January 11, 2018; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-180 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Volume 34, Issue 8, eff. January 11, 2018; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-190 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 22, Issue 24, eff. September 7, 2006; Volume 34, Issue 8, eff. January 11, 2018; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-200 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 22, Issue 24, eff. September 7, 2006; Volume 34, Issue 8, eff. January 11, 2018; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.

Part V School and Instructional Leadership [Repealed]

8VAC20-131-210 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Volume 25, Issue 21, eff. July 31, 2009; Volume 34, Issue 8, eff. January 11, 2018; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-220 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 34, Issue 8, eff. January 11, 2018; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-230 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-240 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Volume 27, Issue 24, eff. August 31, 2011; Volume 34, Issue 8, eff. January 11, 2018; Volume 36, Issue 3, eff. October 30, 2019; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-250 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; repealed, Virginia Register Volume 16, Issue 25, eff. September 28, 2000.

Part VI School Facilities and Safety [Repealed]

8VAC20-131-260 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Volume 31, Issue 26, eff. October 8, 2015; Volume 34, Issue 8, eff. January 11, 2018; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.

Part VII School and Community Communications [Repealed]

8VAC20-131-270 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Volume 25, Issue 21, eff. July 31, 2009; Volume 27, Issue 24, eff. August 31, 2011; Volume 31, Issue 5, eff. December 3, 2014; Volume 31, Issue 26, eff. October 8, 2015; Volume 34, Issue 8, eff. January 11, 2018; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-280 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Volume 25, Issue 21, eff. July 31, 2009; Volume 27, Issue 24, eff. August 31, 2011; Volume 31, Issue 5, eff. December 3, 2014; Volume 31, Issue 26, eff. October 8, 2015; repealed, Virginia Register Volume 34, Issue 8, eff. January 11, 2018.
8VAC20-131-290 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Volume 25, Issue 21, eff. July 31, 2009; repealed, Virginia Register Volume 34, Issue 8, eff. January 11, 2018.
8VAC20-131-300 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Errata, 23:3 VA.R. 510 October 16, 2006; amended, Virginia Register Volume 25, Issue 21, eff. July 31, 2009; Volume 27, Issue 24, eff. August 31, 2011; Volume 31, Issue 26, eff. October 8, 2015; repealed, Virginia Register Volume 34, Issue 8, eff. January 11, 2018.
8VAC20-131-310 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; Volume 25, Issue 21, eff. July 31, 2009; Volume 31, Issue 26, eff. October 8, 2015; repealed, Virginia Register Volume 34, Issue 8, eff. January 11, 2018.
8VAC20-131-315 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 22, Issue 24, eff. September 7, 2006; amended, Virginia Register Volume 31, Issue 26, eff. October 8, 2015; repealed, Virginia Register Volume 34, Issue 8, eff. January 11, 2018.
8VAC20-131-320 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; repealed, Virginia Register Volume 22, Issue 24, eff. September 7, 2006.

8VAC20-131-325 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 16, Issue 25, eff. September 28, 2000; amended, Virginia Register Volume 22, Issue 24, eff. September 7, 2006; Volume 25, Issue 21, eff. July 31, 2009; Volume 27, Issue 24, eff. August 31, 2011; repealed, Virginia Register Volume 34, Issue 8, eff. January 11, 2018.
8VAC20-131-330 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; repealed, Virginia Register Volume 22, Issue 24, eff. September 7, 2006.

8VAC20-131-340 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 14, Issue 1, eff. October 29, 1997; amended, Virginia Register Volume 16, Issue 25, eff. September 28, 2000; Volume 22, Issue 24, eff. September 7, 2006; repealed, Virginia Register Volume 34, Issue 8, eff. January 11, 2018.
8VAC20-131-350 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 22, Issue 24, eff. September 7, 2006; amended, Virginia Register Volume 27, Issue 22, eff. August 3, 2011; repealed, Virginia Register Volume 34, Issue 8, eff. January 11, 2018.
8VAC20-131-360 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 22, Issue 24, eff. September 7, 2006; amended, Virginia Register Volume 25, Issue 21, eff. July 31, 2009; Volume 26, Issue 25, eff. September 15, 2010; Volume 27, Issue 24, eff. August 31, 2011; Volume 31, Issue 5, eff. December 3, 2014; Volume 31, Issue 26, eff. October 8, 2015; Errata, 32:2 VA.R. 296 September 21, 2015; repealed, Virginia Register Volume 34, Issue 8, eff. January 11, 2018.

Part VIII School Accreditation [Repealed]

8VAC20-131-370 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 34, Issue 8, eff. January 11, 2018; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-380 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 34, Issue 8, eff. January 11, 2018; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-390 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 34, Issue 8, eff. January 11, 2018; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-400 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 34, Issue 8, eff. January 11, 2018; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-410 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 34, Issue 8, eff. January 11, 2018; amended, Virginia Register Volume 36, Issue 3, eff. October 30, 2019; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-420 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 34, Issue 8, eff. January 11, 2018; amended, Virginia Register Volume 40, Issue 5, eff. November 22, 2023; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-131-430 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 34, Issue 8, eff. January 11, 2018; amended, Virginia Register Volume 36, Issue 19, eff. June 25, 2020; repealed, Virginia Register Volume 41, Issue 1, eff. September 25, 2024.

Chapter 132 Virginia Standards of Accreditation

Part I Definitions and Purpose

8VAC20-132-10 Definitions

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

"Accreditation" means a process used by the Virginia Department of Education to evaluate public schools' compliance with the accountability system, based on student outcome and growth measures, the philosophy, goals, and objectives of public education in Virginia, and standards for student achievement, instructional programs, school and instructional leadership, school facilities and safety, and school and community communications in accordance with this chapter.

"Accountability" means the system within the accreditation process used by the Virginia Department of Education to differentiate the performance of public schools and identify schools for improvement, based on student achievement, growth, and other school quality indicators in accordance with this chapter.

"Additional test" means a test, including substitute tests approved by the board, that students may use in lieu of a Standards of Learning test to obtain verified credit.

"Authentic performance assessment" means a test that complies with guidelines adopted by the board that requires students to perform a task or create a product that is typically scored using a rubric. An authentic performance assessment may be used to confer verified credit in accordance with the provisions of 8VAC20-132-110 B 4.

"Board" means the Board of Education or the State Board of Education. The board is responsible for the general supervision of the public school system in Virginia as prescribed in Section 4 of Article VIII of the Constitution of Virginia and § 22.1-8 of the Code of Virginia.

"Class period" means a segment of time during the instructional day that is allocated to lessons, courses, testing and assessments, or other instructional activities and excludes homeroom.

"Credit accommodations" means adjustments to meet the standard and verified credit requirements for earning a Standard Diploma for students with disabilities.

"Department" means the Virginia Department of Education.

"Elementary school" means a public school with any grades kindergarten through grade five.

"EL" means English learner, as prescribed in the Elementary and Secondary Education Act (Pub. L. No. 89-10, as amended), an individual:

  1. Who is aged three through 21 years;

  2. Who is enrolled or preparing to enroll in an elementary school or secondary school;

  3. a. Who was not born in the United States or whose native language is a language other than English;

b. (1) Who is a Native American or Alaska native, or a native resident of the outlying areas; and

(2) Who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or

c. Who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and

  1. Whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual the:

a. Ability to meet the challenging state academic standards;

b. Ability to successfully achieve in classrooms where the language of instruction is English; or

c. Opportunity to participate fully in society.

"Enrollment" means the act of complying with state and local requirements relative to the registration or admission of a child for attendance in a school within a local school division. This term also means registration for courses within the student's home school or within related schools or programs.

"First time" means the student has not been enrolled in the school at any time during the current school year (for purposes of 8VAC20-132-60 with reference to students who transfer in during the school year).

"Four core academic areas" means English, mathematics, science, and history and social science for purposes of testing for the Standards of Learning.

"Graduate" means a student who has earned a board recognized diploma, which includes the Advanced Studies Diploma, the Standard Diploma, and the Applied Studies Diploma.

"Growth" or "student growth" means student progress toward achievement of the knowledge and skills required by the summative statewide end-of-year tests as demonstrated through a valid and reliable measure.

"High school" means a secondary school with, at least, grade 12 and that grants a board recognized diploma.

"Homebound instruction" means academic instruction provided to students who are confined at home or in a health care facility for periods of time that prevent normal school attendance, based upon certification of need by a licensed physician or a licensed clinical psychologist.

"Instructional day" means all the time in a standard school day, from the beginning of the first scheduled class period to the end of the last scheduled class period, including passing time for class changes and excluding breaks for meals.

"Instructional hours" means the hours in a standard school day, from the beginning of the first scheduled class period to the end of the last scheduled class period, including passing time for class changes and excluding breaks for meals.

"Locally awarded verified credit" means a verified unit of credit awarded by a local school board in accordance with 8VAC20-132-110 B 3.

"Middle school" means a public school with any grades six through eight.

"Planning period" means a segment of time in middle and secondary schools during the instructional day that is unencumbered of any teaching or supervisory duties, is not less than 45 minutes or the equivalent of a class period, whichever is greater, and that includes passing time for class changes.

"Planning time" means a segment of time for elementary teachers that provides at least an average of 30 minutes per day for planning during the student's school week as provided in § 22.1-291.1 of the Code of Virginia.

"Recess" means a segment of unstructured recreational time exclusive of time provided for meals during the standard school day.

"Reporting group" means a group of students who are identified as having common characteristics including students identified as belonging to major racial and ethnic groups, economically disadvantaged students, students with disabilities, and English learners.

"School" means a publicly funded institution where students are enrolled for all or a majority of the instructional day and those students are reported in fall membership at the institution.

"Secondary school" means a public school with any grades nine through 12.

"Standard school day" means a calendar day, including passing time for class changes and excluding breaks for meals, that averages a minimum of five and one-half instructional hours for students in grades one through 12 and a minimum of three instructional hours for students in kindergarten. Recess may be included in the calculation of required instructional hours for elementary school, provided that recess does not exceed 15% of the required instructional hours.

"Standard school year" means a school year of at least 180 teaching days or a total of at least 990 instructional hours per year, as specified in § 22.1-98 of the Code of Virginia.

"Standard unit of credit" or "standard credit" means credit awarded for a course in which the student successfully completes 140 clock hours of instruction and the requirements of the course. Local school boards may develop alternatives to the requirement for 140 clock hours of instruction as provided for in 8VAC20-132-110 and in accordance with board guidelines.

"Standards of Learning tests" or "SOL tests" means those criteria referenced, statewide, summative assessments approved by the board for use in the Virginia Assessment Program that measure mastery of knowledge and skills required by the Standards of Learning.

"Standards of Quality" means the Standards of Quality prescribed in Chapter 13.2 (§ 22.1-253.13:1 et seq.) of Title 22.1 of the Code of Virginia.

"Student" means a person of school age as defined by § 22.1-1 of the Code of Virginia, a child with disabilities as defined in § 22.1-213 of the Code of Virginia, and a person for whom English is a second language in accordance with § 22.1-5 of the Code of Virginia.

"Verified credit" or "verified unit of credit" means credit awarded for a course in which a student earns a standard unit of credit and (i) achieves a passing score on a corresponding end-of-course SOL test; (ii) achieves a passing score on an additional test as defined in this section as part of the Virginia Assessment Program; (iii) meets the criteria for the receipt of a locally awarded verified credit conferred in accordance with board criteria and guidelines as provided in 8VAC20-132-110 B 3 when the student has not passed a corresponding SOL test in English, mathematics, laboratory science, or history and social science; or (iv) meets the criteria for the receipt of a verified credit for English (writing) by demonstrating mastery of the content of the associated course on an authentic performance assessment, as provided in 8VAC20-132-110 B 4.

"Virginia Assessment Program" means a system used to evaluate student achievement that includes SOL tests and additional tests that may be approved from time to time by the board.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-20 Purpose

The foremost purpose of public education in Virginia is to provide children with a high-quality education, giving them opportunities to meet their fullest potential in life. The standards for the accreditation of public schools in Virginia are designed to ensure that an effective educational program is established and maintained in Virginia's public schools. The mission of the public education system is to educate students in the essential knowledge and skills in order that they may be equipped for citizenship, work, and an informed and successful life.

The Standards of Accreditation provide the foundation for the provision of a high-quality public education, including a system of accountability and continuous improvement. They are intended to:

  1. Provide an essential foundation of high-quality educational programs in all schools for all students.

  2. Encourage and promote school quality and acknowledge achievement and continuous improvements by schools and school divisions in multiple areas.

  3. Foster public confidence that graduating students have mastered multiple areas of learning to include academic subjects, workplace skills, career exploration and planning, and civic and community responsibility.

  4. Ensure recognition of Virginia's public schools by other institutions of learning.

  5. Establish the means of determining the effectiveness of schools as prescribed in the Standards of Quality at § 22.1-253.13:3 of the Code of Virginia, including student learning and progress and student outcomes for multiple areas affecting school quality.

Section 22.1-253.13:3 A of the Code of Virginia requires the board to promulgate regulations establishing standards for accreditation, which shall include student outcome and growth measures, requirements and guidelines for instructional programs and for the integration of educational technology into such instructional programs, administrative and instructional staffing levels and positions, including staff positions for supporting educational technology, student services, auxiliary education programs such as library and media services, course and credit requirements for graduation from high school, community relations, and the philosophy, goals, and objectives of public education in Virginia.

The statutory authority for this chapter is delineated in § 22.1-19 of the Code of Virginia, which includes the requirement that the board shall provide for the accreditation of public elementary, middle, and secondary schools in accordance with regulations prescribed by it.

This chapter governs public schools operated by local school boards providing instruction to students as defined in 8VAC20-132-10. Other schools licensed under other state statutes are exempt from these requirements.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.

Part II Philosophy, Goals, and Objectives

8VAC20-132-30 Philosophy, goals, and objectives

A. Achieving school quality and continuous improvement are accomplishments dependent upon multiple factors, including instruction, leadership, learning environment, professional staff development, student supports, parent and community engagement, and continual evaluation of outcomes. Goals and objectives to be achieved through these and other areas include student opportunities for learning, closure of achievement gaps, reduction of the dropout rate, increased graduation rates, and student mastery beyond minimum requirements.

Preparation of all students should result in graduates who have explored and understand what opportunities exist for them after high school and have the knowledge and abilities necessary for the next phase of their lives as adults. Students should attain essential knowledge and skills in order that they may be equipped to be responsible citizens, understand and meet expectations for work, gain and apply knowledge, and plan and achieve personal life goals. In addition to academic and technical knowledge, their education should encompass mastery of creative and critical thinking, analysis and problem solving, and the development of personal attributes such as communication and collaboration skills, dependability, and persistence.

The philosophy, goals, and objectives of individual schools should reflect and encompass the means by which the Standards of Learning and Standards of Accreditation are to be achieved.

The board's objective is to provide an educational foundation that ensures students are ready to be successful in a global economy, which includes changing and growing technology. Families, students, employers, representatives from institutions of higher education, and educators have all expressed concerns about adequate preparation of Virginia's students for the future. In addition to appropriate content knowledge, stakeholders have asked that graduates be prepared with skills and attributes such as critical thinking, creative thinking, communication, collaboration, and citizenship in order to be prepared to be successful in life and competitive in the work world. In response, the board is redesigning the public school experience for Virginia's students so that they are adequately prepared for the future challenges they face.

In Virginia, as a student progresses through elementary, middle, and secondary school, the college-ready, career-ready, and citizenship-ready student is expected to achieve and apply appropriate academic and technical knowledge; attain and demonstrate age-appropriate productive workplace skills, qualities, and behavior; align knowledge, skills, and personal interests with career and civic opportunities; and attain and demonstrate knowledge and skills necessary for productive citizenship and participation in communities and governments.

B. Each school shall have current philosophy, goals, and objectives that shall serve as the basis for all policies and practices and shall be developed using the following criteria:

  1. The philosophy, goals, and objectives shall be developed with the advice of professional and lay people who represent the various populations served by the school and in consideration of the needs of the community and shall serve as a basis for the creation and review of the biennial school plan.

  2. The school's philosophy, goals, and objectives shall be consistent with the Standards of Quality.

  3. The goals and objectives shall (i) be written in plain language so as to be understandable to noneducators, including parents; (ii) to the extent possible, be stated in measurable terms; and (iii) consist primarily of measurable objectives to raise student and school achievement in the core academic areas of the Standards of Learning, to improve student and staff attendance, to reduce student dropout rates, to increase graduation rates, and to increase the quality of instruction through professional staff development and licensure.

  4. The school staff and community representatives shall review annually the extent to which the school has met its prior goals and objectives, analyze the school's student performance data, including data by grade level or academic department as necessary, and report these outcomes to the division superintendent and the community in accordance with local school board policy. This report shall be in addition to the school performance report required by 8VAC20-132-250 A.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.

Part III Student Achievement

8VAC20-132-40 Student achievement expectations

A. Each student should learn the relevant grade level or course subject matter before promotion to the next grade. The division superintendent shall certify to the Department of Education that the division's promotion and retention policy does not exclude students from membership in a grade or participation in a course in which SOL tests are to be administered. Each school shall have a process, as appropriate, to identify and recommend strategies to address the learning, behavior, communication, or development of individual children who are having difficulty in the educational setting.

B. In kindergarten through grade eight, where the administration of Virginia Assessment Program tests is required by the board, each student shall be expected to take the tests following instruction. Students who are accelerated shall take the test aligned with the highest grade level, following instruction in the content. No student shall take more than one test in any content area in each year, except in the case of expedited retakes as provided for in this section. Schools shall use the Virginia Assessment Program test results in kindergarten through grade eight as part of a set of multiple criteria for determining the promotion or retention of students. Students promoted to secondary school from grade eight should have attained basic mastery of the Standards of Learning in English, history and social science, mathematics, and science and should be prepared for secondary school work. Students shall not be required to retake the Virginia Assessment Program tests unless they are retained in grade and have not previously passed the related tests.

C. In kindergarten through grade 12, students may participate in a remediation recovery program as established by the board in English (reading) or mathematics or both.

D. The board recommends that no student in kindergarten through grade eight be required to attend summer school or weekend remediation classes solely based on failing an SOL test in science or history and social science. However, any student who fails to achieve a passing score on all Standard of Learning assessments for the relevant grade level in grades three through eight shall be required to attend a remediation program or to participate in another form of remediation. Further, any student who fails an end-of-course test required for the award of a verified unit of credit shall be required to attend a remediation program or to participate in another form of remediation.

E. Each student in middle and secondary schools shall take all applicable end-of-course SOL tests following course instruction. The division superintendent shall certify to the Department of Education that the division's policy for dropping courses ensures that student course schedules are not changed to avoid end-of-course SOL tests. Students who achieve a passing score on an end-of-course SOL test shall be awarded a verified unit of credit in that course in accordance with the provisions of 8VAC20-132-110. Students may earn verified units of credit in any courses for which end-of-course SOL tests are available. Students shall not be required to take an end-of-course SOL test in an academic subject after earning the number of verified credits required for that academic content area for graduation, unless such test is necessary in order for the school to meet federal accountability requirements. Middle and secondary schools may consider the student's end-of-course SOL test score in determining the student's final course grade. However, no student who has failed an end-of-course SOL test but passed the related course shall be prevented from taking any other course in a content area and from taking the applicable end-of-course SOL test. The board may approve additional tests to verify student achievement in accordance with guidelines adopted for verified units of credit described in 8VAC20-132-110.

F. Participation in the Virginia Assessment Program by students with disabilities shall be prescribed by provisions of their Individualized Education Program (IEP) or 504 Plan. All students with disabilities shall be assessed with appropriate accommodations and alternate assessments where necessary.

G. Any student identified as an English Learner (EL) shall participate in the Virginia Assessment Program. A school-based committee shall convene and make determinations regarding the participation level of EL students in the Virginia Assessment Program. In kindergarten through grade eight, EL students may be granted a one-time exemption from SOL testing in the areas of writing and history and social science.

H. Students identified as foreign exchange students taking courses for credit shall be required to take the relevant Virginia Assessment Program tests, as specified in subsection E of this section. Foreign exchange students who are auditing courses are not eligible for academic credit for those courses and shall not be required to take the SOL tests for those courses.

I. With the exception of the writing SOL test, any student in grades three through 12 shall be eligible for an expedited retake of any of the SOL tests prior to the next scheduled test administration if the student scored in the 375 to 399 range, or an equivalent range on an alternative scoring scale. Prior to taking any SOL test on an expedited basis, the student shall complete a comprehensive remediation program based on the student's particular educational needs as identified by the student's results on the assessment. The comprehensive remediation program shall be in accordance with guidelines established by the board.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024; amended, Virginia Register Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-132-50 Requirements for graduation (effective for students entering ninth grade prior to the 2018-2019 school year)

A. The requirements for a student to earn a diploma and graduate from a Virginia high school shall be those in effect when that student enters the ninth grade for the first time. Students shall be awarded a diploma upon graduation from a Virginia high school.

The Advanced Studies Diploma shall be the recommended diploma for students pursuing baccalaureate study. Both the Standard Diploma and the Advanced Studies Diploma shall prepare students for postsecondary education and the career readiness required by the Commonwealth's economy.

When students below the ninth grade successfully complete courses offered for credit in grades nine through 12, credit shall be counted toward meeting the standard units required for graduation, provided the courses are equivalent in content and academic rigor as those courses offered at the secondary level. To earn a verified unit of credit for these courses, students must meet the requirements of 8VAC20-132-110.

The following requirements shall be the only requirements for a diploma, unless a local school board has prescribed additional requirements that have been approved by the board. All additional requirements prescribed by local school boards that have been approved by the board remain in effect until such time as the local school board submits a request to the board to amend or discontinue them.

B. Requirements for a Standard Diploma.

  1. Beginning with the ninth-grade class of 2013–2014 and through the ninth-grade class of 2017–2018, students shall earn the required standard and verified units of credit described in subdivision 2 of this subsection.

  2. Credits required for graduation with a Standard Diploma.

| | Discipline Area | Standard Units of Credit Required | Verified Credits Required | | --- | --- | --- | --- | | | English | 4 | 2 | | | Mathematics1 | 3 | 1 | | | Laboratory Science2,6 | 3 | 1 | | | History and Social Sciences3,6 | 3 | 1 | | | Health and Physical Education | 2 | | | | World Language, Fine Arts, or Career and Technical Education7 | 2 | | | | Economics and Personal Finance | 1 | | | | Electives4 | 4 | | | | Student Selected Test5 | | 1 | | | Career and Technical Education Credential8 | | | | | Total9 | 22 | 6 | | | 1Courses completed to satisfy this requirement shall include at least two different course selections from among: Algebra I, Geometry, Algebra, Functions, and Data Analysis, Algebra II, or other mathematics courses above the level of Algebra II. The board shall approve courses to satisfy this requirement. Per the Standards of Quality, a computer science course credit earned by students may be considered a mathematics course credit. 2Courses completed to satisfy this requirement shall include course selections from at least two different science disciplines: earth sciences, biology, chemistry, or physics, or completion of the sequence of science courses required for the International Baccalaureate Diploma. The board shall approve courses to satisfy this requirement. Per the Standards of Quality, a computer science course credit earned by students may be considered a science course credit. 3Courses completed to satisfy this requirement shall include Virginia and U.S. History, Virginia and U.S. Government, and one course in either world history or geography or both. The board shall approve courses to satisfy this requirement. 4Courses to satisfy this requirement shall include at least two sequential electives as required by the Standards of Quality. 5A student may utilize additional tests for earning verified credit in computer science, technology, career and technical education, economics, or other areas as prescribed by the board in 8VAC20-132-110. 6Students who complete a career and technical education program sequence and pass an examination or occupational competency assessment in a career and technical education field that confers certification or an occupational competency credential from a recognized industry or trade or professional association or acquire a professional license in a career and technical education field from the Commonwealth of Virginia may substitute the certification, competency credential, or license for (i) the student-selected verified credit and (ii) either a science or history and social science verified credit when the certification, license, or credential confers more than one verified credit. The examination or occupational competency assessment must be approved by the board as an additional test to verify student achievement. 7Pursuant to § 22.1-253.13:4 of the Code of Virginia, credits earned for this requirement shall include one credit in fine or performing arts or career and technical education. Per the Standards of Quality, a computer science course credit earned by students may be considered a career and technical education course credit. 8Students shall earn a career and technical education credential approved by the State Board of Education, except when a career and technical education credential in a particular subject area is not readily available or appropriate or does not adequately measure student competency, in which case the student shall receive satisfactory competency-based instruction in the subject area to satisfy the standard diploma requirements. The career and technical education credential, when required, could include the successful completion of an industry certification, a state licensure examination, a national occupational competency assessment, or the Virginia workplace readiness assessment. 9Students shall successfully complete one virtual course, which may be a noncredit-bearing course or a required or elective credit-bearing course that is offered online. Beginning with first-time ninth-grade students in the 2016–2017 school year, students shall be trained in emergency first aid, cardiopulmonary resuscitation, and the use of automated external defibrillators, including hands-on practice of the skills necessary to perform cardiopulmonary resuscitation. Students with an Individualized Education Program (IEP) or 504 Plan that documents that they cannot successfully complete this training shall be granted a waiver from this graduation requirement, as provided in 8VAC20-132-310 B. | | |

  1. The board shall establish, through guidelines, credit accommodations to the standard and verified credit requirements for a Standard Diploma. Such credit accommodations for students with disabilities may include:

a. Approval of alternative courses to meet the standard credit requirements;

b. Modifications to the requirements for local school divisions to award locally awarded verified credits;

c. Approval of additional tests to earn a verified credit;

d. Adjusted cut scores required to earn verified credit; and

e. Allowance of work-based learning experiences.

The student's IEP or 504 Plan shall specify any credit accommodations that are applicable.

Students completing the requirements for the Standard Diploma may be eligible to receive an honor deemed appropriate by the local school board as described in subsection H of this section.

C. Requirements for an Advanced Studies Diploma.

  1. Beginning with the ninth-grade class of 2013–2014 and through the ninth-grade class of 2017–2018, students shall earn the required standard and verified units of credit described in subdivision 2 of this subsection.

  2. Credits required for graduation with an Advanced Studies Diploma.

| | Discipline Area | Standard Units of Credit Required | Verified Credits Required | | --- | --- | --- | --- | | | English | 4 | 2 | | | Mathematics1 | 4 | 2 | | | Laboratory Science2 | 4 | 2 | | | History and Social Sciences3 | 4 | 2 | | | World Language4 | 3 | | | | Health and Physical Education | 2 | | | | Fine Arts or Career and Technical Education5 | 1 | | | | Economics and Personal Finance | 1 | | | | Electives | 3 | | | | Student Selected Test6 | | 1 | | | Total7 | 26 | 9 | | | 1Courses completed to satisfy this requirement shall include at least three different course selections from among: Algebra I, Geometry, Algebra II, or other mathematics courses above the level of Algebra II. The board shall approve courses to satisfy this requirement. Per the Standards of Quality, a computer science course credit earned by students may be considered a mathematics course credit. 2Courses completed to satisfy this requirement shall include course selections from at least three different science disciplines from among: earth sciences, biology, chemistry, or physics or completion of the sequence of science courses required for the International Baccalaureate Diploma. The board shall approve additional courses to satisfy this requirement. Per the Standards of Quality, a computer science course credit earned by students may be considered a science course credit. 3Courses completed to satisfy this requirement shall include Virginia and U.S. History, Virginia and U.S. Government, and two courses in either world history or geography or both. The board shall approve additional courses to satisfy this requirement. 4Courses completed to satisfy this requirement shall include three years of one language or two years of two languages. 5Per the Standards of Quality, a computer science course credit earned by students may be considered a career and technical education course credit. 6A student may utilize additional tests for earning verified credit in computer science, technology, career or technical education, economics, or other areas as prescribed by the board in 8VAC20-132-110. 7Students shall successfully complete one virtual course, which may be a noncredit-bearing course, or may be a course required to earn this diploma that is offered online. | | |

Students completing the requirements for the Advanced Studies Diploma may be eligible to receive an honor deemed appropriate by the local school board as described in subsection H of this section.

Beginning with first-time ninth-grade students in the 2016–2017 school year, students shall be trained in emergency first aid, cardiopulmonary resuscitation, and the use of automated external defibrillators, including hands-on practice of the skills necessary to perform cardiopulmonary resuscitation. Students with an IEP or 504 Plan that documents that they cannot successfully complete this training shall be granted a waiver from this graduation requirement, as provided in 8VAC20-132-310 B.

D. In accordance with the requirements of the Standards of Quality, students with disabilities who complete the requirements of their IEP and do not meet the requirements for other diplomas shall be awarded Applied Studies Diplomas.

E. In accordance with the requirements of the Standards of Quality, students who complete prescribed programs of studies defined by the local school board but do not qualify for a Standard Diploma, an Advanced Studies Diploma, or an Applied Studies Diploma shall be awarded Certificates of Program Completion. The requirements for Certificates of Program Completion are developed by local school boards in accordance with the Standards of Quality.

F. In accordance with the provisions of the compulsory attendance law and 8VAC20-30, Regulations Governing Adult High School Programs, students who do not qualify for diplomas may earn a high school equivalency credential.

G. At a student's request, the local school board shall communicate or otherwise make known to institutions of higher education, potential employers, or other applicable third parties, in a manner that the local school board deems appropriate, that a student has attained the state's academic expectations by earning a Virginia diploma and that the value of such a diploma is not affected in any way by the accreditation status of the student's school.

H. Awards for exemplary student performance. Students who demonstrate academic excellence or outstanding achievement may be eligible for one or more of the following awards:

  1. The Governor's Seal shall be awarded to students who complete the requirements for an Advanced Studies Diploma with an average grade of "B" or better and successfully complete college-level coursework that will earn the student at least nine transferable college credits in Advanced Placement (AP), International Baccalaureate (IB), Cambridge, or dual enrollment courses.

  2. The Board of Education Seal shall be awarded to students who complete the requirements for a Standard Diploma or an Advanced Studies Diploma with an average grade of "A".

  3. The Board of Education's Career and Technical Education Seal shall be awarded to students who earn a Standard Diploma or an Advanced Studies Diploma and complete a prescribed sequence of courses in a career and technical education concentration or specialization that they choose and maintain a "B" or better average in those courses or (i) pass an examination or an occupational competency assessment in a career and technical education concentration or specialization that confers certification or occupational competency credential from a recognized industry, trade, or professional association or (ii) acquire a professional license in that career and technical education field from the Commonwealth of Virginia. The board shall approve all professional licenses and examinations used to satisfy these requirements.

  4. The Board of Education's Seal of Advanced Mathematics and Technology shall be awarded to students who earn either a Standard Diploma or an Advanced Studies Diploma and (i) satisfy all of the mathematics requirements for the Advanced Studies Diploma (four units of credit, including Algebra II, and two verified units of credit) with a "B" average or better and (ii) either (a) pass an examination in a career and technical education field that confers certification from a recognized industry, trade, or professional association; (b) acquire a professional license in a career and technical education field from the Commonwealth of Virginia; or (c) pass an examination approved by the board that confers college-level credit in a technology or computer science area. The board shall approve all professional licenses and examinations used to satisfy these requirements.

  5. The Board of Education's Seal for Excellence in Civics Education shall be awarded to students who earn either a Standard Diploma or an Advanced Studies Diploma and (i) complete Virginia and United States history and Virginia and United States government courses with a grade of "B" or higher; (ii) have good attendance and no disciplinary infractions as determined by local school board policies; and (iii) complete 50 hours of voluntary participation in community service or extracurricular activities. Activities that satisfy the requirements of clause (iii) of this subdivision include (a) volunteering for a charitable or religious organization that provides services to the poor, sick, or less fortunate; (b) participating in Boy Scouts, Girl Scouts, or similar youth organizations; (c) participating in Junior Reserve Officers' Training Corps; (d) participating in political campaigns or government internships or Boys State, Girls State, or Model General Assembly; or (e) participating in school-sponsored extracurricular activities that have a civics focus. Any student who enlists in the United States military prior to graduation shall be deemed to have met this community service requirement.

  6. The Board of Education's Seal of Biliteracy shall be awarded to students who demonstrate proficiency in English and at least one other language and meet additional criteria established by the board. Such seal shall be awarded to eligible students graduating from public high schools in the Commonwealth beginning in 2016.

  7. Students may receive other seals or awards for exceptional academic, career and technical, citizenship, or other exemplary performance in accordance with criteria defined by the local school board.

I. Students completing graduation requirements in a summer school program shall be eligible for a diploma. The last school attended by the student during the regular session shall award the diploma unless otherwise agreed upon by the principals of the two schools.

J. Students who complete Advanced Placement courses, college-level courses, or courses required for an International Baccalaureate Diploma shall be deemed to have completed the requirements for graduation under these standards, provided they have earned the standard units of credit and earned verified units of credit in accordance with the requirements for the Standard Diploma and the Advanced Studies Diploma, as specified in subsections B and C of this section.

K. Students shall be counseled annually regarding the opportunities for using additional tests for earning verified credits, as provided in accordance with the provisions of 8VAC20-132-110, and the consequences of failing to fulfill the obligations to complete the requirements for verified units of credit.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-51 Requirements for graduation (effective for students who enter the ninth grade in the 2018–2019 school year)

A. The requirements for a student to earn a diploma and graduate from a Virginia high school shall be those in effect when that student enters the ninth grade for the first time. Students shall be awarded a diploma upon graduation from a Virginia high school.

Both the Standard Diploma and the Advanced Studies Diploma shall provide multiple paths toward college, career, and citizenship readiness for students to follow in the later years of high school. Each such pathway shall provide meaningful and rigorous opportunities tied to instruction to achieve workplace and citizenship skills through experiences such as internships, externships, credentialing, and blended learning, which may be offered for credit toward high school graduation.

In accordance with the Profile of a Virginia Graduate approved by the board, the instructional program leading to a Standard Diploma or Advanced Studies Diploma shall ensure that students (i) attain the knowledge, skills, competencies, and experiences necessary to be successful in the evolving global economy whether immediately entering the world of work or pursuing a postsecondary education and (ii) acquire and be able to demonstrate foundational skills in critical thinking, creative thinking, collaboration, communication, and citizenship.

When students below grade nine successfully complete courses offered for credit in grades nine through 12, credit shall be counted toward meeting the standard units required for graduation, provided the courses are equivalent in content and academic rigor as those courses offered at the secondary level. To earn a verified unit of credit for these courses, students must meet the requirements of 8VAC20-132-110.

The requirements in this section shall be the only requirements for a diploma, unless a local school board has prescribed additional requirements that have been approved by the board. All additional requirements prescribed by local school boards that have been approved by the board remain in effect until such time as the local school board submits a request to the board to amend or discontinue them.

B. Requirements for a Standard Diploma.

  1. Beginning with the ninth-grade class of 2018–2019 and beyond, students shall earn the required standard and verified units of credit described in subdivision 2 of this subsection.

  2. Credits required for graduation with a Standard Diploma.

No more than one locally awarded verified credit may be used to satisfy these requirements, except as provided in subdivision 3 of this subsection for credit accommodations for students with disabilities.

| Discipline Area | Standard Units of Credit Required | Verified Credits Required | | | | --- | --- | --- | --- | --- | | English (reading and writing) | 4 | 2 | | | | Mathematics | 3 | 1 | | | | Laboratory Science | 3 | 1 | | | | History and Social Science | 3 | 1 | | | | Health and Physical Education | 2 | | | | | World Language, Fine Arts, or Career and Technical Education | 2 | | | | | Economics and Personal Finance | 1 | | | | | Electives | 4 | | | | | Total | 22 | 5 | | | | | | | | | | Discipline Area | Specifications | | | | | Mathematics | Courses completed to satisfy this requirement shall include at least two different course selections from among: algebra I, geometry, algebra functions, and data analysis, algebra II, or other mathematics courses approved by the board to satisfy this requirement. Per the Standards of Quality, a computer science course credit earned by students may be considered a mathematics course credit. | | | | | Laboratory Science | Courses completed to satisfy this requirement shall include course selection from at least two different science disciplines: earth sciences, biology, chemistry, or physics, or completion of the sequence of science courses required for the International Baccalaureate Diploma and shall include interdisciplinary courses that incorporate Standards of Learning content from multiple academic areas. The board shall approve courses to satisfy this requirement. Per the Standards of Quality, a computer science course credit earned by students may be considered a science course credit. A laboratory science verified credit may be awarded to students who complete a career and technical education program sequence and (i) pass two examinations or occupational competency assessments in a career and technical education field that confers certification or an occupational competency credential from a recognized industry, trade, or professional association; (ii) acquire two professional licenses in a career and technical education field from the Commonwealth of Virginia; or (iii) pass one examination or competency assessment from clause (i) and acquire one license from clause (ii). The examination or occupational competency assessment must be approved by the board as an additional test to verify student achievement. | | | | | History and Social Science | Courses completed to satisfy this requirement shall include Virginia and U.S. history, Virginia and U.S. government, and one course in either world history or geography or both. The board shall approve courses to satisfy this requirement. | | | | | World Language, Fine Arts, or Career and Technical Education | Per the Standards of Quality, credits earned for this requirement shall include one credit in fine or performing arts or career and technical education. Per the Standards of Quality, a computer science course credit earned by students may be considered a career and technical course credit. | | | | | Electives | Courses to satisfy this requirement shall include at least two sequential electives as required by the Standards of Quality. | | | | | | | | | | | Additional Requirements for Graduation | | | | | | Advanced Placement, Honors, or International Baccalaureate Course or Career and Technical Education Credential | In accordance with the Standards of Quality, students shall (i) complete an Advanced Placement, honors, International Baccalaureate, or dual enrollment course; (ii) complete a high-quality work-based learning experience, as established by board guidance on work-based learning; or (iii) earn a career and technical education credential approved by the board, except when a career and technical education credential in a particular subject area is not readily available or appropriate or does not adequately measure student competency, in which case the student shall receive satisfactory competency-based instruction in the subject area to satisfy the standard diploma requirements. The career and technical education credential, when required, could include the successful completion of an industry certification, a state licensure examination, a national occupational competency assessment, or the Virginia workplace readiness assessment. | | | | | Virtual Course | Students shall successfully complete one virtual course, which may be a non-credit-bearing course or a required or elective credit-bearing course that is offered online. | | | | | Training in emergency first aid, cardiopulmonary resuscitation (CPR), and the use of automated external defibrillators (AED) | Students shall be trained in emergency first aid, CPR, and the use of AED, including hands-on practice of the skills necessary to perform cardiopulmonary resuscitation. Students with an individualized education plan (IEP) or 504 Plan that documents that they cannot successfully complete this training shall be granted a waiver from this graduation requirement, as provided in 8VAC20-131-420 B. | | | | | Demonstration of the five Cs | Students shall acquire and demonstrate foundational skills in critical thinking, creative thinking, collaboration, communication, and citizenship in accordance with the Profile of a Virginia Graduate approved by the board. | | | | | | | | | |

  1. The board shall establish, through guidelines, credit accommodations to the standard and verified credit requirements for a Standard Diploma. Such credit accommodations for students with disabilities may include:

a. Approval of alternative courses to meet the standard credit requirements;

b. Modifications to the requirements for local school divisions to award locally awarded verified credits;

c. Approval of additional tests to earn verified credit;

d. Adjusted cut scores required to earn verified credit; and

e. Allowance of work-based learning experiences.

The student's IEP or 504 Plan shall specify any credit accommodations applicable for the student.

Students completing the requirements for the Standard Diploma may be eligible to receive an honor deemed appropriate by the local school board as described in subsection H of this section.

C. Requirements for an Advanced Studies Diploma.

  1. Beginning with the ninth-grade class of 2018–2019 and beyond, students shall earn the required standard and verified units of credit described in subdivision 2 of this subsection.

  2. Credits required for graduation with an Advanced Studies Diploma.

No more than one locally awarded verified credit may be used to satisfy these requirements.

| Discipline Area | Standard Units of Credit Required | Verified Credits Required | | --- | --- | --- | | English (reading and writing) | 4 | 2 | | Mathematics | 4 | 1 | | Laboratory Science | 4 | 1 | | History and Social Science | 4 | 1 | | World Language | 3 | | | Health and Physical Education | 2 | | | Fine Arts or Career and Technical Education | 1 | | | Economics and Personal Finance | 1 | | | Electives | 3 | | | Total | 26 | 5 | | | | | | Discipline Area | Specifications | | | Mathematics | Courses completed to satisfy this requirement shall include at least three different course selections from among: Algebra I, Geometry, Algebra II, or other mathematics courses above the level of Algebra II. The board shall approve courses to satisfy this requirement. Per the Standards of Quality, a computer science course credit earned by students may be considered a mathematics course credit. | | | Laboratory Science | Courses completed to satisfy this requirement shall include course selections from at least three different science disciplines from among: earth sciences, biology, chemistry, or physics or completion of the sequence of science courses required for the International Baccalaureate Diploma and shall include interdisciplinary courses that incorporate Standards of Learning content from multiple academic areas. The board shall approve additional courses to satisfy this requirement. Per the Standards of Quality, a computer science course credit earned by students may be considered a science course credit. | | | History and Social Science | Courses completed to satisfy this requirement shall include Virginia and U.S. history, Virginia and U.S. government, and two courses in either world history or geography or both. The board shall approve additional courses to satisfy this requirement. | | | World Language | Courses completed to satisfy this requirement shall include three years of one language or two years of two languages. A student who is pursuing an advanced diploma and whose individualized education program specifies a credit accommodation for world language may substitute two standard units of credit in computer science for two standard units of credit in a world language. For any student who elects to substitute a credit in computer science for a credit in world language, the student's school counselor must provide notice to the student and parent or guardian of possible impacts related to college entrance requirements. | | | Fine Arts or Career and Technical Education | Per the Standards of Quality, a computer science course credit earned by students may be considered a career and technical credit. | | | Electives | Courses to satisfy this requirement shall include at least two sequential electives as required by the Standards of Quality. | | | | | | | Additional Requirements for Graduation | | | | Advanced Placement, Honors, International Baccalaureate Course, or Career and Technical Education Credential | In accordance with the Standards of Quality, students shall (i) complete an Advanced Placement, honors, International Baccalaureate, or dual enrollment course; (ii) complete a high-quality work-based learning experience as established by board guidance on work-based learning; or (iii) earn a career and technical education credential approved by the board, except when a career and technical education credential in a particular subject area is not readily available or appropriate or does not adequately measure student competency, in which case the student shall receive satisfactory competency-based instruction in the subject area to satisfy the advanced studies diploma requirements. The career and technical education credential, when required, could include the successful completion of an industry certification, a state licensure examination, a national occupational competency assessment, or the Virginia workplace readiness assessment. | | | Virtual Course | Students shall successfully complete one virtual course, which may be a non-credit-bearing course or a required or elective credit-bearing course that is offered online. | | | Training in emergency first aid, cardiopulmonary resuscitation (CPR), and the use of automated external defibrillators (AED). | Students shall be trained in emergency first aid, CPR, and the use of AED, including hands-on practice of the skills necessary to perform cardiopulmonary resuscitation. Students with an IEP or 504 Plan that documents that they cannot successfully complete this training shall be granted a waiver from this graduation requirement, as provided in 8VAC20-132-310 B. | | | Demonstration of the five Cs | Students shall acquire and demonstrate foundational skills in critical thinking, creative thinking, collaboration, communication, and citizenship in accordance with the Profile of a Virginia Graduate approved by the board. | |

D. Requirements for an Applied Studies Diploma. In accordance with the requirements of the Standards of Quality, a student with disabilities who completes the requirements of the student's IEP and does not meet the requirements for other diplomas shall be awarded Applied Studies Diplomas in accordance with state and federal laws and regulations regarding special education.

Students who pursue an Applied Studies Diploma shall be allowed to pursue a Standard Diploma or an Advanced Studies Diploma at any time during high school. Such students shall not be excluded from courses or tests required to earn these diplomas.

E. Requirements for Certificates of Program Completion. In accordance with the requirements of the Standards of Quality, students who complete prescribed programs of studies defined by the local school board but do not qualify for a Standard Diploma, an Advanced Studies Diploma, or an Applied Studies Diploma shall be awarded Certificates of Program Completion. The requirements for Certificates of Program Completion are developed by local school boards in accordance with the Standards of Quality.

F. In accordance with the provisions of the compulsory attendance law and 8VAC20-30, Regulations Governing Adult High School Programs, students who do not qualify for diplomas may earn a high school equivalency credential. The requirements for the General Achievement Adult High School Diploma are provided in 8VAC20-30-20.

G. At a student's request, the local school board shall communicate or otherwise make known to institutions of higher education, potential employers, or other applicable third parties, in a manner that the local school board deems appropriate, that a student has attained the state's academic expectations by earning a Virginia diploma and that the value of such a diploma is not affected in any way by the accreditation status of the student's school.

H. Awards for exemplary student performance. Students who demonstrate academic excellence and outstanding achievement may be eligible for one or more of the following awards:

  1. The Governor's Seal shall be awarded to students who complete the requirements for an Advanced Studies Diploma with an average grade of "B" or better and successfully complete college-level coursework that shall earn the student at least nine transferable college credits in Advanced Placement (AP), International Baccalaureate (IB), Cambridge, or dual enrollment courses.

  2. The Board of Education Seal shall be awarded to students who complete the requirements for a Standard Diploma or an Advanced Studies Diploma with an average grade of "A."

  3. The Board of Education's Career and Technical Education Seal shall be awarded to students who earn a Standard Diploma or an Advanced Studies Diploma and complete a prescribed sequence of courses in a career and technical education concentration or specialization that they choose and maintain a "B" or better average in those courses or (i) pass an examination or an occupational competency assessment in a career and technical education concentration or specialization that confers certification or occupational competency credential from a recognized industry, trade, or professional association or (ii) acquire a professional license in that career and technical education field from the Commonwealth of Virginia. The board shall approve all professional licenses and examinations used to satisfy these requirements.

  4. The Board of Education's Science, Technology, Engineering, and Mathematics (STEM) Seal shall be awarded to students who meet criteria established by the board.

  5. The Board of Education's Seal for Excellence in Civics Education shall be awarded to students who earn either a Standard Diploma or an Advanced Studies Diploma and (i) complete Virginia and United States history and Virginia and United States government courses with a grade of "B" or higher; (ii) have good attendance and no disciplinary infractions as determined by local school board policies; and (iii) complete 50 hours of voluntary participation in community service or extracurricular activities. Activities that satisfy the requirements of clause (iii) of this subdivision include (a) volunteering for a charitable or religious organization that provides services to the poor, sick, or less fortunate; (b) participating in Boy Scouts, Girl Scouts, or similar youth organizations; (c) participating in Junior Reserve Officers' Training Corps; (d) participating in political campaigns or government internships or Boys State, Girls State, or Model General Assembly; or (e) participating in school-sponsored extracurricular activities that have a civics focus. Any student who enlists in the United States military prior to graduation shall be deemed to have met this community service requirement.

  6. The Board of Education's Seal of Biliteracy shall be awarded to students who demonstrate proficiency in English and at least one other language and meet additional criteria established by the board.

  7. The Board of Education's Seal for Excellence in Science and the Environment shall be awarded to students who earn either a Standard Diploma or Advanced Studies Diploma and (i) complete at least three different first-level board-approved laboratory science courses and at least one rigorous advanced-level or postsecondary-level laboratory science course, each with a grade of "B" or higher; (ii) complete laboratory or field-science research and present that research in a formal, juried setting; and (iii) complete at least 50 hours of voluntary participation in community service or extracurricular activities that involve the application of science, such as environmental monitoring, protection, management, or restoration.

  8. Students may receive other seals or awards for exceptional academic, career and technical, citizenship, or other exemplary performance in accordance with criteria defined by the local school board.

I. Students completing graduation requirements in a summer school program shall be eligible for a diploma. The last school attended by the student during the regular session shall award the diploma unless otherwise agreed upon by the principals of the two schools.

J. Students who complete Advanced Placement courses, college-level courses, or courses required for an International Baccalaureate Diploma shall be deemed to have completed the course requirements for graduation under these standards, provided they have earned the total number of standard units of credit and verified units of credit in each discipline area in accordance with the requirements for the Standard Diploma and the Advanced Studies Diploma, as specified in subsections B and C of this section.

K. Students shall be counseled annually regarding the opportunities for using additional tests for earning verified credits, as provided in accordance with the provisions of 8VAC20-132-110, and the consequences of failing to fulfill the obligations to complete the requirements for verified units of credit.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-60 Transfer students

A. The provisions of this section pertain generally to students who transfer into Virginia high schools. Students transferring in kindergarten through grade eight from Virginia public schools or nonpublic schools accredited by one of the approved accrediting constituent members of the Virginia Council for Private Education (VCPE) shall be given recognition for all grade-level work completed. The academic record of students transferring from all other schools shall be evaluated to determine appropriate grade placement in accordance with policies adopted by the local school board. The State Testing Identifier (STI) for students who transfer into a Virginia public school from another Virginia public school shall be retained by the receiving school.

B. For the purposes of this section, the term "beginning" means within the first 20 hours of instruction per course. The term "during" means after the first 20 hours of instruction per course.

C. Standard or verified units of credit earned by a student in a Virginia public school shall be transferable without limitation regardless of the accreditation status of the Virginia public school in which the credits were earned. Virginia public schools shall accept standard and verified units of credit from other Virginia public schools, Virginia's virtual learning program, Virtual Virginia, and state-operated programs. Standard units of credit shall also be accepted for courses satisfactorily completed in accredited colleges and universities when prior written approval of the principal has been granted or the student has been given credit by the previous school attended.

D. A high school shall accept credits toward graduation received from Virginia nonpublic schools accredited by one of the approved accrediting constituent members of the VCPE. The board shall maintain contact with the VCPE and may periodically review its accrediting procedures and policies as part of its policies under this section.

Nothing in these standards shall prohibit a public school from accepting standard units of credit toward graduation awarded to students who transfer from all other schools when the courses for which the student receives credit generally match the description of or can be substituted for courses for which the receiving school gives standard credit and the school from which the child transfers certifies that the courses for which credit is given meet the requirements of 8VAC20-132-110 A.

E. The academic record of a student transferring from other Virginia public schools shall be sent directly to the school receiving the student upon request of the receiving school in accordance with the provisions of 8VAC20-150, Management of the Student's Scholastic Record in the Public Schools of Virginia. The State Testing Identifier (STI) for students who transfer into a Virginia public school from another Virginia public school shall be retained by the receiving school.

F. The academic record of a student transferring into Virginia public schools from other than a Virginia public school shall be evaluated to determine the number of standard units of credit that have been earned, including credit from schools outside the United States, and the number of verified units of credit needed to graduate in accordance with subsection G of this section. Standard units of credit also shall be accepted for courses satisfactorily completed in accredited colleges and universities when the student has been given credit by the previous school attended.

Students transferring above grade 10 from schools or other education programs that do not require or give credit for health and physical education shall not be required to take these courses to meet graduation requirements.

Students transferring into a Virginia public school from other than a Virginia public school shall earn no fewer than the number of verified units listed in subdivision G 1 or G 2 of this section. The school division shall accept the following tests from the sending state, country, private school, or Department of Defense Educational Activity school for the purpose of awarding verified units of credit in courses previously completed at another school or program of study, for the purpose of awarding a Virginia high school diploma:

  1. End-of-course tests required for graduation by the sending state;

  2. Exit tests required for graduation by the sending state; and

  3. National norm-referenced achievement tests. When students transfer to a Virginia public school from a state that requires a national norm-referenced achievement test, and that state education agency has set a "cut score" or passing score for the purpose of graduation, the school division shall accept the test for the purpose of awarding a verified credit if the test includes some content in a subject for which a verified credit may be awarded. If that state education agency has not set a cut score for the norm-referenced test, the test may not be used for the purpose of awarding a verified credit or earning a high school diploma.

Any substitute test approved by the board for verified credit shall be accepted in lieu of the applicable SOL tests if the applicable standard credit has been earned by the student.

The sending state's test must include content in the subjects for which verified credit is awarded. The test does not have to be comparable to a Virginia SOL test, so long as the test includes some content in the subject area. If the test includes some content from more than one subject, verified credits shall be awarded for every subject area covered by the test.

G. Students entering a Virginia public high school for the first time after grade 10 shall earn as many credits as possible toward the prescribed graduation requirements. However, schools may substitute courses required in other states in the same content area if the student is unable to meet the specific content requirements of 8VAC20-132-50 or 8VAC20-132-51, respectively, without taking a heavier than normal course load in any semester, by taking summer school, or by taking courses after the time when the student otherwise would have graduated.

The graduation requirements for students transferring into a Virginia high school for the first time shall be as follows:

  1. For a Standard Diploma:

a. Students entering a Virginia high school for the first time at the beginning of or during grade nine prior to the 2018–2019 school year shall meet the graduation requirements prescribed in 8VAC20-132-50. Students entering a Virginia high school for the first time at the beginning of or during grade nine in the 2018–2019 school year or thereafter shall meet the graduation requirements prescribed in 8VAC20-132-51.

b. Students entering a Virginia high school for the first time at the beginning of or during grade 10 prior to the 2019–2020 school year or at the beginning of grade 11 prior to the 2020–2021 school year shall meet the graduation requirements prescribed in 8VAC20-132-50, except that such students shall only be required to earn a minimum of four verified units of credit: one each in English, mathematics, history, and science. Students entering a Virginia high school for the first time at the beginning of or during grade 10 in the 2019–2020 school year or thereafter or at the beginning of grade 11 in the 2020–2021 school year or thereafter shall meet the graduation requirements prescribed in 8VAC20-132-51.

c. Students entering a Virginia high school for the first time during grade 11 prior to the 2020–2021 school year or at the beginning of grade 12 prior to the 2021–2022 school year shall meet the graduation requirements prescribed in 8VAC20-132-50, except that such students shall only be required to earn a minimum of two verified units of credit: one in English and one in mathematics if participation in mathematics testing is required by federal law; otherwise, such verified credit may be of the student's own choosing. Students entering a Virginia high school for the first time during grade 11 in the 2020–2021 school year or thereafter, or at the beginning grade 12 in the 2021–2022 school year or thereafter shall meet the graduation requirements prescribed in 8VAC20-132-51, except that such students shall only be required to earn a minimum of two verified units of credit: one in English and one in mathematics if participation in mathematics testing is required by federal law; otherwise, such verified credit may be of the student's own choosing.

d. Students transferring after 20 instructional hours per course of their senior or grade 12 year shall be given every opportunity to earn a diploma following the graduation requirements prescribed in 8VAC20-132-50 for students entering prior to the 2021–2022 school year or following the graduation requirements prescribed in 8VAC20-132-51 for students entering in the 2021–2022 school year or thereafter. If it is not possible for the student to meet the requirements for a diploma, arrangements should be made for the student's previous school to award the diploma. If these arrangements cannot be made, a waiver of the verified unit of credit requirements may be available to the student. The Department of Education may grant such waivers upon request by the local school board in accordance with guidelines prescribed by the board.

  1. For an Advanced Studies Diploma:

a. Students entering a Virginia high school for the first time at the beginning of or during grade nine prior to the 2018–2019 school year shall earn credit as prescribed in 8VAC20-132-50. Students entering a Virginia high school for the first time at the beginning of or during grade nine in the 2018-2019 school year or thereafter shall earn credit as prescribed in 8VAC20-132-51.

b. Students entering a Virginia high school for the first time at the beginning of or during grade 10 prior to the 2019–2020 school year or at the beginning of grade 11 prior to the 2020–2021 school year shall meet the graduation requirements prescribed in 8VAC20-132-50, except that such students shall only be required toearn a minimum of six verified units of credit: two in English and one each in mathematics, history, and science and one of the student's own choosing. Students entering a Virginia high school for the first time at the beginning of or during grade 10 in the 2019–2020 school year or thereafter or at the beginning of grade 11 in the 2020–2021 school year or thereafter shall earn credit as prescribed in 8VAC20-132-51.

c. Students entering a Virginia high school for the first time during grade 11 prior to the 2020–2021 school year or at the beginning of grade 12 prior to the 2021–2022 school year shall meet the graduation requirements prescribed in 8VAC20-132-50, except that such students shall only be required to earn a minimum of four verified units of credit: one in English, one in mathematics if required participation in mathematics testing is required by federal law, otherwise such verified credit may be of the student's own choosing, and two additional verified credits of the student's own choosing. Students entering a Virginia high school for the first time during grade 11 in the 2020–2021 school year or thereafter or at the beginning of grade 12 in the 2021–2022 school year or thereafter shall meet the graduation requirements prescribed in 8VAC20-132-51, except that such students shall only be required to earn a minimum of two verified units of credit: one in English, and one in mathematics if required participation in mathematics testing is required by federal law; otherwise such verified credit may be of the student's own choosing.

d. Students transferring after 20 instructional hours per course of their senior or grade 12 year shall be given every opportunity to earn a diploma following the graduation requirements prescribed in 8VAC20-132-50 for students entering prior to the 2021–2022 school year or following the graduation requirements prescribed in 8VAC20-132-51 for students entering in the 2021–2022 school year or thereafter. If it is not possible for the student to meet the requirements for a diploma, arrangements should be made for the student's previous school to award the diploma. If these arrangements cannot be made, a waiver of the verified unit of credit requirements may be available to the student. The Department of Education may grant such waivers upon request by the local school board in accordance with guidelines prescribed by the board.

  1. For an Applied Studies Diploma: In accordance with the requirements of the Standards of Quality, students with disabilities who complete the requirements of their Individualized Education Plan and do not meet the requirements for other diplomas shall be awarded Applied Studies Diplomas in accordance with state and federal laws and regulations regarding special education.

Students who pursue an Applied Studies Diploma shall be allowed to pursue a Standard Diploma or an Advanced Studies Diploma at any time during high school. Such students shall not be excluded from courses or tests required to earn these diplomas.

  1. For a Certificate of Program Completion: In accordance with the requirements of the Standards of Quality, students who complete prescribed programs of studies defined by the local school board but do not qualify for a Standard Diploma, an Advanced Studies Diploma, or an Applied Studies Diploma shall be awarded Certificates of Program Completion. The requirements for Certificates of Program Completion are developed by local school boards in accordance with the Standards of Quality.

H. No local school division receiving approval to increase its course credit requirements for a diploma may deny either the Standard Diploma or the Advanced Studies Diploma to any transfer student who has otherwise met the requirements contained in these standards if the transfer student can only meet the division's additional requirements by taking a heavier than normal course load in any semester, by taking summer school, or by taking courses after the time when the student otherwise would have graduated.

I. The transcript of a student who graduates or transfers from a Virginia secondary school shall conform to the requirements of 8VAC20-160, Regulations Governing Secondary School Transcripts.

J. The accreditation status of a high school shall not be included on the student transcript provided to colleges, universities, or employers. The board expressly states that any student who has met the graduation requirements and has received a Virginia diploma holds a diploma that should be recognized as equal to any other Virginia diploma of the same type, regardless of the accreditation status of the student's high school. It is the express policy of the board that no student shall be affected by the accreditation status of the student's school. The board shall take appropriate action, from time to time, to ensure that no student is affected by the accreditation status of the student's school.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.

Part IV School Instructional Program

8VAC20-132-70 Program of instruction and learning objectives

A. As required by the Standards of Quality, each local school board shall develop and implement a program of instruction for kindergarten through grade 12 that is aligned to the Standards of Learning and meets or exceeds the requirements of the board. The program of instruction shall emphasize reading, writing, speaking, mathematical concepts and computations, proficiency in the use of computers and related technology, computer science and computational thinking, including computer coding, and scientific concepts and processes; essential skills and concepts of citizenship, including knowledge of Virginia history and world and United States history, economics, government, world languages, international cultures, health and physical education, environmental issues, and geography necessary for responsible participation in American society and in the international community; fine arts, which may include music and art, and practical arts; knowledge and skills needed to qualify for further education, gainful employment, or training in a career or technical field; and development of the ability to apply such skills and knowledge in preparation for eventual employment and lifelong learning and to achieve economic self-sufficiency.

B. As described in 8VAC20-132-51 and in accordance with the Profile of a Virginia Graduate approved by the board, the instructional program and learning objectives shall ensure that students (i) attain the knowledge, skills, competencies, and experiences necessary to be successful in the evolving global economy whether immediately entering the world of work or pursuing a postsecondary education and (ii) acquire and be able to demonstrate foundational skills in critical thinking, creative thinking, collaboration, communication, and citizenship. Consistent with the Profile of a Virginia Graduate, the instructional program and learning objectives shall ensure that, as age appropriate, during the kindergarten through grade 12 experience, students achieve and apply appropriate career development and technical knowledge. During the elementary and middle school years, students shall explore personal interests, be exposed to different types of careers, and plan for career development. In the later school years, students are to attain and demonstrate productive workplace skills, qualities, and behaviors; align knowledge, skills, and personal interests with career opportunities; and understand and demonstrate civic responsibility and community engagement.

C. Each school shall provide a program of instruction that promotes individual student academic achievement in the essential academic disciplines and shall provide additional instructional opportunities that meet the abilities, interests, and educational needs of students. Each school shall establish learning objectives to be achieved by students at successive grade levels that meet or exceed the knowledge and skills contained in the Standards of Learning for English, mathematics, science, and history and social science adopted by the board and shall continually assess the progress of each student in relation to the objectives.

D. Instruction shall be designed to accommodate all students, including those identified with disabilities in accordance with the Individuals with Disabilities Education Act (20 USC § 1400 et seq.) or § 504 of the Rehabilitation Act, as amended, those identified as gifted or talented, and those who are ELs. Students with disabilities shall have the opportunity to receive a full continuum of education services in accordance with 8VAC20-81, Regulations Governing Special Education Programs for Children with Disabilities in Virginia, and other pertinent federal and state laws and regulations.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-80 Instructional program in elementary schools

A. The elementary school shall provide each student a program of instruction that corresponds to the Standards of Learning for English, mathematics, science, and history and social science. Each school shall provide instruction in art, music, and physical education and health and shall require students to participate in a program of physical fitness during the regular school year in accordance with guidelines established by the board. In addition, each school shall provide instruction in career exploration in accordance with the provisions of 8VAC20-132-140.

B. In kindergarten through grade three, reading, writing, spelling, and mathematics shall be the focus of the instructional program. Schools shall maintain an early skills and knowledge achievement record in reading and mathematics for each student in kindergarten through grade three to monitor student progress and to promote successful achievement on the third-grade SOL tests. This record shall be included with the student's records if the student transfers to a new school.

In accordance with the Standards of Quality, local school boards shall implement early identification, diagnosis, and assistance for students with reading and mathematics problems and provide instructional strategies and reading and mathematics practices that benefit the development of reading and mathematics skills for all students.

C. To provide students with sufficient opportunity to learn, local school divisions shall provide a minimum of 680 hours of the required 990 hours of instructional time to students in elementary school in the four academic disciplines of English, mathematics, science, and history and social science.

Students who are not successfully progressing in early reading proficiency or who are unable to read with comprehension the materials used for instruction shall receive additional instructional time in reading, which may include summer school.

In accordance with the Standards of Quality, local school divisions shall provide reading intervention services to students in kindergarten through grade three who demonstrate deficiencies based on their individual performance on the SOL reading test or any reading diagnostic test that meets criteria established by the Department of Education. The local school division, in its discretion, shall provide such reading intervention services prior to promoting a student from grade three to grade four.

D. Elementary schools are encouraged to provide instruction in world languages.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-90 Instructional program in middle schools

A. The middle school shall provide each student a program of instruction that corresponds to the Standards of Learning for English, mathematics, science, and history and social science. In addition, each school shall provide instruction in art, music, world language, physical education and health, and career and technical exploration and shall require students to participate in a program of physical fitness during the regular school year in accordance with guidelines established by the board. Each middle school shall provide a course in career investigation in accordance with the provisions of 8VAC20-132-140. School divisions may seek alternate means of delivering the career investigation course content, provided it is equivalent in content and rigor and provides the foundation for students to develop their academic and career plans as described in 8VAC20-132-140 C 2. Possible alternative means to deliver the career investigation course content could include online methods, middle school exploratory course options, and delivering the course content through other courses.

B. The middle school shall provide a minimum of eight courses to students in grade eight. English, mathematics, science, and history and social science shall be required. Four elective courses shall be available: level one of a world language, one in health and physical education, one in fine arts, and one in career and technical exploration.

C. Level one of a world language and an Algebra I course shall be available to all eighth-grade students. For any secondary school credit-bearing course taken in middle school, parents may request that grades be omitted from the student's transcript and the student earn no high school credit for the course in accordance with policies adopted by the local school board. Notice of this provision must be provided to parents with a deadline and format for making such a request. Nothing in this chapter shall be construed to prevent a middle school from offering any other credit-bearing courses for graduation.

D. To provide students a sufficient opportunity to learn, each student shall be provided a total of 560 instructional hours per year in the four academic disciplines of English, mathematics, science, and history and social science.

E. Each school shall ensure that students who are unable to read with comprehension the materials used for instruction receive additional instruction in reading, which may include summer school.

F. In accordance with the Standards of Quality, each school shall ensure that students in grades six through eight who need targeted mathematics remediation or intervention, including remediation or intervention for computational deficiencies as demonstrated by their individual performance on any diagnostic test or grade-level SOL mathematics test, shall receive additional instruction in mathematics, which may include summer school. Students in grades six through eight who are at risk of failing the Algebra I end-of-course test shall be provided Algebra readiness intervention services.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-100 Instructional program in secondary schools

A. The secondary school, in accordance with the Profile of a Virginia Graduate approved by the board, shall provide a program of instruction to ensure that students (i) attain the knowledge, skills, competencies, and experiences necessary to be successful in the evolving global economy whether immediately entering the world of work or pursuing a postsecondary education and (ii) acquire and be able to demonstrate foundational skills in critical thinking and creative thinking, collaboration, communication, and citizenship in accordance with 8VAC20-132-70 and the Profile of a Virginia Graduate.

The secondary school shall provide each student a program of instruction in the four core academic areas of English, mathematics, science, and history and social science that identifies the knowledge and skills that students should attain, giving due consideration to critical thinking, creative thinking, collaboration, communication, and citizenship in the early years of high school, andenables each student to meet the prescribed graduation requirements. The secondary school shall offer opportunities for each student, including:

  1. Career and technical education choices that incorporate knowledge of regional workforce needs and opportunities;prepare the student as a career and technical education program completer in one of three or more occupational areas; and prepare the student for technical or preprofessional postsecondary programs;

  2. Coursework and experiences that prepare the student for college-level studies, including access to at least three Advanced Placement (AP) courses, college-level courses for degree credit, International Baccalaureate (IB) courses, Cambridge courses, or any combination thereof;

  3. Preparation for college admissions tests;

  4. Study and exploration of the fine arts and world languages; and

  5. Participation in work experiences, such as internships, externships, and other work-based learning experiences, and attaining workforce and career readiness and industry credentials.

B. Minimum course offerings for each secondary school shall provide opportunities for students to meet the graduation requirements stated in this chapter and must include:

| English | 4 | | --- | --- | | Mathematics | 4 | | Science (Laboratory) | 4 | | History and Social Science | 4 | | World Language | 3 | | Electives | 4 | | Career and Technical Education | 11 | | Fine Arts | 2 | | Health and Physical Education | 2 | | Economics and Personal Finance | 1 | | Total Units | 39 |

C. Classroom driver education may count for 36 class periods, or the equivalent in minutes, of health education. Students shall not be removed from classes other than health and physical education for the in-car phase of driver education.

D. Each school shall ensure that students who are unable to read with comprehension the materials used for instruction receive additional instruction in reading, which may include summer school.

E. In accordance with the Standards of Quality, each school shall ensure that students who need targeted mathematics remediation and intervention, including remediation or intervention for computational deficiencies as demonstrated by their individual performance on any diagnostic test or grade-level SOL mathematics test, shall receive additional instruction in mathematics, which may include summer school. Students in grade nine who are at risk of failing the Algebra I end-of-course test, as demonstrated by their individual performance on any diagnostic test that has been approved by the department, shall be provided Algebra readiness intervention services.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-110 Standard and verified units of credit

A. A "standard unit of credit" or "standard credit" is a credit awarded for a course in which the student successfully completes 140 clock hours of instruction and the requirements of the course. A school division may waive the requirement that a student receive 140 clock hours of instruction to earn a standard credit, effective with students enrolled in the 2015-2016 school year, as prescribed in the Standards of Quality and board guidelines. When credit is awarded in less than whole units, the increment awarded must be no greater than the fractional part of the 140 hours of instruction provided. If a school division elects to award credit on a basis other than the 140 clock hours of instruction required for a standard unit of credit defined in this subsection, the local school division shall provide the board with satisfactory proof, based on board guidelines, that the students for whom the 140-clock-hour requirement is waived have learned the content and skills included in the relevant Standards of Learning. In addition, the local school division shall develop a written policy approved by the superintendent and school board that ensures:

  1. That the content of the course for which credit is awarded is comparable to 140 clock hours of instruction; and

  2. That upon completion, the aims and objectives of the course have been met.

B. A "verified unit of credit" or "verified credit" is a credit awarded for a course in which a student earns a standard unit of credit and completes one of the following:

  1. Achieves a passing score on a corresponding end-of-course SOL test. In accordance with the provisions of the Standards of Quality, students may earn a standard and verified unit of credit for any elective course in which the core academic Standards of Learning course content has been integrated and the student passes the related end-of-course SOL test. Such course and test combinations must be approved by the board.

Upon waiver of the 140-clock-hour requirement according to board guidelines, qualified students who have received a standard unit of credit shall be permitted to sit for the relevant SOL test to earn a verified credit without having to meet the 140-clock-hour requirement.

  1. Achieves a passing score on an additional test, as defined in 8VAC20-132-10, as a part of the Virginia Assessment Program.

  2. Meets the criteria for the receipt of a locally awarded verified credit when the student has not passed a corresponding SOL test.

a. Students who enter grade nine for the first time prior to the 2018-2019 school year and do not pass SOL tests in English, mathematics, science, or history and social science may receive locally awarded verified credits from the local school board in accordance with criteria established in guidelines adopted by the board. Credit accommodations for students with disabilities may be used to confer locally awarded verified credits as provided in 8VAC20-132-50 B 3.

b. Students who enter grade nine for the first time in the 2018-2019 school year or thereafter and do not pass SOL tests in English, mathematics, laboratory science, or history and social science may receive locally awarded verified credits from the local school board in accordance with criteria established in guidelines adopted by the board. No more than one locally awarded verified credit may be used to satisfy graduation requirements, except as provided in 8VAC20-132-51 B 3 for students with disabilities seeking a standard diploma.

  1. Meets the criteria for the receipt of a verified credit in English (writing) by demonstrating mastery of the content of the associated course on an authentic performance assessment that complies with guidelines adopted by the board. Such students shall not also be required to take the corresponding SOL test in English (writing).

C. The board may from time to time approve additional tests for the purpose of awarding verified credit. Such additional tests, which enable students to earn verified units of credit, must, at a minimum, meet the following criteria:

  1. The test must be standardized and graded independently of the school or school division in which the test is given;

  2. The test must be knowledge based;

  3. The test must be administered on a statewide, multistate, or international basis, or administered as part of another state's accountability assessment program; and

  4. To be counted in a specific academic area, the test must measure content that incorporates or exceeds the Standards of Learning content in the course for which verified credit is given.

The board shall set the score that must be achieved to earn a verified unit of credit on the additional test options.

D. With such funds as are appropriated by the General Assembly, the board shall provide opportunities for students who meet criteria adopted by the board to have an expedited retake of a SOL test to earn verified credit.

E. The provisions of this section are effective on and after the beginning of the 2018–2019 academic year.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-120 Summer school

A. The courses offered and the quality of instruction in the summer school program shall be comparable to that offered during the regular school term. At the middle and secondary school levels, credit for courses taken for credit toward graduation other than a repeat course shall be awarded in accordance with the requirements of 8VAC20-132-110. Students must also meet the requirements for SOL testing if appropriate.

B. Summer school instruction at any level, which is provided as part of a state-funded remedial program, shall be designed to improve specific identified student deficiencies. Such programs shall be conducted in accordance with regulations adopted by the board.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-130 Elective courses

Locally developed elective courses offered for credit toward high school graduation shall be approved by the division superintendent and local school board.

History

  • Statutory Authority: §§ 22.1-19 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-140 College and career readiness; career exposure, exploration, and planning; and opportunities for postsecondary credit

A. Each middle and secondary school shall provide for the early identification and enrollment of students in a program with a range of educational and academic experiences related to college and career readiness in and outside the classroom, including an emphasis on experiences that will motivate disadvantaged and minority students to prepare for a career or postsecondary education.

B. Beginning with the 2013–2014 academic year and through the 2017–2018 academic year:

  1. All schools shall begin development of a personal Academic and Career Plan (ACP) for each seventh-grade student with completion by the fall of the student's eighth-grade year. Students who transfer from other than a Virginia public school into grade eight shall have the plan developed as soon as practicable following enrollment. Beginning with the 2014–2015 academic year, students who transfer into a Virginia public school after their eighth-grade year shall have an ACP developed upon enrollment. The components of the ACP shall include the student's program of study for high school graduation and a postsecondary career pathway based on the student's academic and career interests. The ACP shall be developed in accordance with guidelines established by the board and signed by the student, student's parent or guardian, and school official designated by the principal. The ACP shall be included in the student's record and shall be reviewed and updated, if necessary, before the student enters grades nine and 11. The school shall have met its obligation for parental involvement if it makes a good faith effort to notify the parent or guardian of the responsibility for the development and approval of the ACP. Any personal ACPs prescribed by local school boards for students in grades seven through 12 and in effect as of June 30, 2009, are approved to continue without further action by the board.

  2. Beginning in the middle school years, students shall be counseled on opportunities for beginning postsecondary education and opportunities for obtaining industry certifications, occupational competency credentials, or professional licenses in a career and technical education field prior to high school graduation. Such opportunities shall include access to at least three Advanced Placement (AP), International Baccalaureate (IB), or Cambridge courses or three college-level courses for degree credit pursuant to 8VAC20-132-100. No student taking advantage of such opportunities shall be denied participation in school activities for which the student is otherwise eligible. Wherever possible, students shall be encouraged and afforded opportunities to take college courses simultaneously for high school graduation and college degree credit (dual enrollment), under the following conditions:

a. Written approval of the secondary school principal prior to participation in dual enrollment must be obtained;

b. The college must accept the student for admission to the course; and

c. The course must be given by the college for degree credits (no remedial courses will be accepted).

No school that complies with this standard shall be penalized in receiving state appropriations.

C. Beginning with the 2018–2019 academic year:

  1. Each elementary, middle, and secondary school shall provide for the identification by all students of personal interests and abilities to support planning for postsecondary opportunities and career preparation. Such support shall include provision of information concerning exploration of career cluster areas in elementary schools and course information and planning for college preparation programs, opportunities for educational and academic experiences in and outside the classroom, including internships and work-based learning, and the multiple pathways to college and career readiness in middle and secondary school.

  2. Beginning in the elementary school years, students are to explore the different occupations associated with career clusters and select areas of interest. Students shall begin the development of an Academic and Career Plan Portfolio (ACPP) in elementary grades to include information about interests, values such as dependability and responsibility, and skills supporting decisions about their future interests and goals. The ACPP is a repository for planning notes, class projects, interest inventory results, awards and recognitions, and other information related to academic and career plans and preparation. The ACPP is student led and updated and revised as the student continues to plan for the student's future throughout school years. The information contained in the ACPP shall serve as the foundation for creating the ACP in grade seven.

In middle school, students are to complete a locally selected career interest inventory and select a career pathway. To support development of the ACP, students shall complete a career investigations course selected from the career and technical education state-approved list or a school division-provided alternative means of delivering the career investigations course content, provided that the alternative is equivalent in content and academic rigor. The course, or its alternative, shall address, at a minimum, planning for academic courses, work-based learning opportunities, completion of industry certifications, possible independent projects, and postsecondary education. The course, or its alternative, shall include demonstration of personal, professional, and technical workplace readiness skills.

All schools shall continue development of a personal ACP with each seventh-grade student with completion by the end of the fall semester of the student's eighth-grade year. Students who transfer from other than a Virginia public school into grade eight shall have the ACP developed as soon as practicable following enrollment. Students who transfer into a Virginia public school after their eighth-grade year shall have an ACP developed upon enrollment. The components of the ACP shall include the student's program of study for high school graduation and a postsecondary career pathway based on the student's academic and career interests. In secondary school, a career-related learning experience shall be chosen by the student and documented in the ACP.

  1. The ACP shall be developed in accordance with guidelines established by the board and signed by the student, student's parent or guardian, and school official or officials designated by the principal. The ACP shall be included in the student's record and shall be reviewed and updated annually.

  2. Beginning in the middle school years, students shall be counseled on opportunities for beginning postsecondary education and opportunities for obtaining industry certifications, occupational competency credentials, or professional licenses in a career and technical education field prior to high school graduation. Such opportunities shall include access to at least three Advanced Placement, International Baccalaureate, or Cambridge courses or three college-level courses for degree credit pursuant to 8VAC20-132-100. No students taking advantage of such opportunities shall be denied participation in school activities for which the student is otherwise eligible.

  3. Wherever possible, students shall be encouraged and afforded opportunities to take college courses simultaneously for high school graduation and college degree credit (dual enrollment), under the following conditions:

a. Written approval of the secondary school principal prior to participation in dual enrollment must be obtained;

b. The college must accept the student for admission to the course;

c. The course must be given by the college for degree credits (no remedial courses will be accepted); and

d. Students participating in courses offered by an institution of higher education shall be permitted to exceed a full course load in order to participate in courses that lead to a degree, certificate, or credential at such institution.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-150 Standard school year and school day

A. The standard school year shall be 180 instructional days or 990 instructional hours. The standard school day, including passing time for class changes and excluding breaks for meals, shall average a minimum of 5-1/2 instructional hours for students in kindergarten through grade 12. Recess may be included in the calculation of required instructional hours for elementary school, provided that recess does not exceed 15% of the required instructional hours.

B. All students in kindergarten through grade 12 shall maintain a full day schedule of classes (5-1/2 hours), unless a waiver is granted in accordance with policies defined by the local school board.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-160 Family life education

Each school may implement the Standards of Learning for the Family Life Education program promulgated by the board or a Family Life Education program consistent with the guidelines developed by the board, which program shall have the goals of reducing the incidence of pregnancy, sexually transmitted diseases, and substance abuse among teenagers.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-170 Off-site instruction

A. Homebound instruction shall be made available to students who are confined at home or in a health care facility for periods that would prevent normal school attendance based upon certification of need by a licensed physician or licensed clinical psychologist. For students eligible for special education or related services, the Individualized Education Program (IEP) committee must revise the IEP, as appropriate. Credit for the work shall be awarded when it is done under the supervision of a licensed teacher qualified in the relevant subject areas and employed by the local school board, and there is evidence that the instructional time requirements or alternative means of awarding credit adopted by the local school board in accordance with the provisions of 8VAC20-132-110 have been met.

B. Schools are encouraged to pursue alternative means to deliver instruction to accommodate student needs through virtual courses, emerging technologies, and other similar means. Students may enroll in and receive a standard and verified unit of credit for supervised virtual courses with prior approval of the principal. The local school board shall develop policies governing this method of delivery of instruction that shall include the provisions of 8VAC20-132-110 and the administration of required SOL tests prescribed by 8VAC20-132-40. For courses offered for possible high school credit, standard units of credit shall be awarded for successful completion of such courses when the course is equivalent to that offered in the regular school program and the work is done under the supervision of a licensed teacher qualified in the relevant subject areas. A verified unit of credit may be earned when the student has successfully completed the requirements specified in 8VAC20-132-110.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-180 Library media, materials, and equipment

A. Each school shall maintain an organized library media center as the resource center of the school and provide a unified program of media services and activities for students and teachers before, during, and after school. The library media center shall contain hard copy, electronic technological resources, materials, and equipment that are sufficient to meet research, inquiry, and reading requirements of the instructional program and general student interest.

B. Each school shall provide a variety of materials, resources, and equipment to support the instructional program.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-190 Extracurricular and other school activities; recess

A. School sponsored extracurricular activities shall be under the direct supervision of the staff and shall contribute to the educational objectives of the school. Extracurricular activities must be organized to avoid interrupting the instructional program. Extracurricular activities shall not be permitted to interfere with the student's required instructional activities. Extracurricular activities and eligibility requirements shall be established and approved by the superintendent and the school board.

B. Competitive sports of a varsity nature (scheduled league games) shall be prohibited as a part of the elementary school program.

C. Each elementary school shall provide students with a daily recess during the regular school year as determined appropriate by the school.

D. Local school boards shall provide a program of physical activity for all students in kindergarten through grade five consisting of at least 20 minutes per day or an average of 100 minutes per week during the regular school year and available to all students in grades six through 12 with a goal of at least 150 minutes per week on average during the regular school year.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.

Part V School and Instructional Leadership

8VAC20-132-200 Role of the principal

A. The principal is recognized as the instructional leader and manager of the school and is responsible for:

  1. Fostering the success of all students by facilitating the development, communication, implementation, and evaluation of a shared vision of teaching and learning that leads to student academic progress and school improvement;

  2. Fostering the success of all students by developing, advocating, and sustaining an academically rigorous, positive, and safe school climate for all stakeholders;

  3. Fostering effective human resources management by appropriately assigning, selecting, inducting, supporting, evaluating, and retaining quality instructional and support personnel;

  4. Fostering the success of all students by communicating and collaborating effectively with stakeholders;

  5. Fostering the success of all students by demonstrating professional standards and ethics, engaging in continuous professional development, and contributing to the profession; and

  6. Providing leadership that results in acceptable, measurable student academic progress based on established standards.

As a matter of policy, the board, through these standards, recognizes the critically important role of principals to the success of public schools and the students who attend those schools and recommends that local school boards provide principals with the maximum authority available under law in all matters affecting the school, including instructional leadership, school climate, human resources management, organizational management, communication and community relations, and student academic progress, in a manner that allows the principal to be held accountable in a fair and consistent manner for matters under the principal's direct control.

B. As the instructional leader, the principal is responsible for ensuring that students are provided an opportunity to learn and shall:

  1. Lead the collaborative development and maintenance of a student-centered shared vision for educational improvement and work collaboratively with staff, students, parents, and other stakeholders to develop a mission and programs for effective teaching and learning, consistent with the division's strategic plan and the school's goals;

  2. Collaboratively plan, implement, support, monitor, and evaluate instructional programs that enhance teaching and student academic progress and lead to school improvement;

  3. Analyze current academic achievement data and instructional strategies and monitor and evaluate the use of diagnostic, formative, and summative assessment by grade and by discipline to:

a. Make appropriate educational decisions to improve classroom instruction, increase student achievement, and improve overall school effectiveness; provide timely and accurate feedback to students and parents and to inform instructional practices; and direct and require appropriate prevention, intervention, or remediation to those students performing below grade level or not meeting expectations, including passing the SOL tests;

b. Involve the staff of the school in identifying and evaluating professional development needed to improve student achievement and provide professional development opportunities andensure that the staff participate in those activities;

c. Evaluate and improve classroom practices and instruction; and

d. Seek to ensure students' successful attainment of knowledge and skills set forth in the Standards of Learning;

  1. Ensure that student records are maintained and that criteria used in making placement and promotion decisions, as well as any instructional interventions used to improve a student's performance, are included in the record;

  2. Protect the academic instructional time from unnecessary interruptions and disruptions and provide collaborative leadership for the design and implementation of effective and efficient schedules that protect and maximize instructional time;

  3. Involve students, staff, parents, and the community to create and sustain a positive, safe, and healthy learning environment that enforces state, division, and local rules, policies, and procedures and consistently models and collaboratively promotes high expectations, mutual respect, care, and concern for students, staff, parents, and the community;

  4. Create a culture of shared accountability and continuous school improvement;

  5. Involve students, families, staff, and other stakeholders to promote community engagement;

  6. Maintain records of students who drop out of school, including their reasons for dropping out and actions taken to prevent these students from dropping out;

  7. Notify the parents of rising eleventh-grade and twelfth-grade students of:

a. The number of standard and verified units of credit required for graduation; and

b. The remaining number of such units of credit the individual student requires for graduation; and

  1. Notify the parent or guardian of students removed from class for disciplinary reasons for two or more consecutive days in whole or in part. The school shall have met its obligation if it makes a good faith effort to notify the parent or guardian.

C. As the school manager, the principal shall:

  1. Support, manage, and oversee the school's organization, operation, and use of resources;

  2. Demonstrate and communicate a knowledge and understanding of Virginia public education rules, regulations, laws, and school division policies and procedures;

  3. Work with staff to create an atmosphere of mutual respect and courtesy and to facilitate constructive communication by establishing and maintaining a current handbook of personnel policies and procedures;

  4. Ensure the use of data systems and technology to support goals;

  5. Disseminate information to staff, parents, and other stakeholders in a timely manner through multiple channels and sources;

  6. Work with the community to involve parents and citizens in the educational program;

  7. Facilitate communication with parents by maintaining and disseminating a current student handbook of policies and procedures that includes the school division's standards of student conduct and procedures for enforcement, along with other matters of interest to parents and students;

  8. Manage the supervision and research-based evaluation of staff in accordance with local and state requirements;

  9. Maintain a current record of staff's licenses and endorsements to ensure compliance and professional development completed by staff;

  10. Follow local and state laws and policies with regard to finances, school accountability, and reporting;

  11. Maintain records of receipts and disbursements of all funds handled, whichshall be audited annually by a professional accountant approved by the local school board; and

  12. Ensure the security of all tests administered to students, including those required by the board and the local school division. This includes:

a. The requirement that all schools adhere to a policy that prohibits students' access to cell phones and other electronic devices with texting or camera capabilities during the administration of the SOL tests;

b. The requirement that, to the extent possible, no teacher should administer the SOL test associated with the grade level content or class such teacher taught;

c. Notification to teachers of the penalties for breaching security on SOL tests, including actions against the teacher's license and civil penalties; and

d. Establishment of penalties for students who breach security on SOL tests.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-210 Role of professional teaching staff

The professional teaching staff shall be responsible for providing instruction that is educationally sound in an atmosphere of mutual respect and courtesy that is conducive to learning and in which all students are expected to achieve the objectives of the Standards of Learning for the appropriate grade level or course. The staff shall:

  1. Serve as role models for effective oral and written communication with special attention to the use of standard English;

  2. Strive to strengthen the basic skills of students in all subjects and to close any achievement gaps among groups of students in the school;

  3. Establish teaching objectives to achieve the following:

a. Identify what students are expected to learn; and

b. Inform students of the achievement expected and keep them engaged in learning tasks;

  1. Provide for individual differences of students through the use of differentiated instruction, varied materials, and activities suitable to student interests and abilities; and

  2. Assess the progress of students and report promptly and constructively to students and their parents.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-220 Role of support staff

The school's support staff shall work with the principal and professional teaching staff to promote student achievement and successful attainment of the school's goals.

History

  • Statutory Authority: §§ 22.1-16, 22.1-19 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-230 Administrative and support staff; staffing requirements

A. Each school shall have, at a minimum, the staff as specified in the Standards of Quality with proper licenses and endorsements for the positions they hold.

B. The principal of each middle and secondary school shall be employed on a 12-month basis.

C. Each elementary, middle, and secondary school shall employ school counseling staff as prescribed by the Standards of Quality. School counseling shall be provided for students to ensure that a program of studies contributing to the student's academic achievement and meeting the graduation requirements specified in this chapter is being followed.

D. Each member of the school counseling staff in the counseling program for elementary, middle, and secondary schools shall spend at least 80% of the member's staff time during normal school hours in direct counseling of individual students or groups of students.

E. A middle school classroom teacher's standard load shall be based on teaching no more than the instructional day minus one planning period per day or the equivalent with no more than 150 students or 25 class periods per week. If a middle school classroom teacher teaches more than 150 students or 25 class periods per week, an appropriate contractual arrangement and compensation shall be provided.

F. The secondary classroom teacher's standard load shall be based on teaching no more than the instructional day minus one planning period per day or the equivalent with no more than 150 students or 25 class periods per week. If a secondary school classroom teacher teaches more than 150 students or 25 class periods per week, an appropriate contractual arrangement and compensation shall be provided.

G. Middle or secondary school teachers shall teach no more than 150 students per week; however, physical education and music teachers may teach 200 students per week. If a middle or secondary school physical education or music teacher teaches more than 200 students per week, an appropriate contractual arrangement and compensation shall be provided.

H. Each elementary classroom teacher shall be provided at least an average of 30 minutes per day during a student's school week as planning time. Each full-time middle and secondary classroom teacher shall be provided one planning period per day or the equivalent, as defined in 8VAC20-132-10, unencumbered of any teaching or supervisory duties.

I. Staff-student ratios in special education and career and technical education classrooms shall comply with regulations of the board.

J. Student support positions as defined in the Standards of Quality shall be available as necessary to promote academic achievement and to provide support services to the students in the school.

History

  • Statutory Authority: § 22.1-253.13 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.

Part VI School Facilities and Safety

8VAC20-132-240 School facilities and safety

A. Each school shall be maintained in a manner ensuring compliance with the Virginia Uniform Statewide Building Code (13VAC5-63). In addition, the school administration shall:

  1. Maintain a physical plant that is accessible, barrier free, safe, and clean;

  2. Provide for the proper outdoor display of flags of the United States and of the Commonwealth of Virginia;

  3. Provide suitable space for classrooms, administrative staff, pupil personnel services, library and media services, and for the needs and safety of physical education;

  4. Provide adequate, safe, and properly equipped laboratories to meet the needs of instruction in the sciences, technology, fine arts, and career and technical programs;

  5. Provide facilities for the adequate and safe administration and storage of student medications; and

  6. Carry out the duties of the threat assessment team established by the division superintendent and implement policies established by the local school board related to threat assessment pursuant to § 22.1-79.4 of the Code of Virginia.

B. Each school shall maintain records of regular safety, health, and fire inspections that have been conducted and certified by local health and fire departments. The frequency of such inspections shall be determined by the local school board in consultation with the local health and fire departments. In addition, the school administration shall:

  1. Equip all exit doors with panic hardware as required by the Virginia Uniform Statewide Building Code (13VAC5-63);

  2. Hold fire drills during the school session in accordance with the requirements of the Statewide Fire Prevention Code Act (§ 27-94 et seq. of the Code of Virginia). Evacuation routes for students shall be posted in each room;

  3. Conduct lock-down drills in accordance with § 22.1-137.2 of the Code of Virginia; and

  4. Conduct tornado drills in accordance with § 22.1-137.1 of the Code of Virginia.

C. Each school shall have contingency plans for emergencies that include staff certified in cardiopulmonary resuscitation (CPR), the Heimlich maneuver, and emergency first aid.

Each school building with instructional or administrative staff of 10 or more shall have at least three employees with current certification or training in emergency first aid, CPR, and the use of an automated external defibrillator. If one or more students diagnosed with diabetes attend such school, at least two employees shall have been trained in the administration of insulin and glucagon.

Each school building with instructional or administrative staff of fewer than 10 shall have at least two employees with current certification or training in emergency first aid, CPR, and the use of an automated external defibrillator. If one or more students diagnosed with diabetes attend such school, at least one employee shall have been trained in the administration of insulin and glucagon.

D. In addition, the school administration shall ensure that the school has:

  1. Written procedures to follow in emergencies such as fire, injury, illness, allergic reactions, and violent or threatening behavior. This shall include school board policies for the possession and administration of epinephrine in every school, to be administered by any school nurse, employee of the school board, employee of a local governing body, or employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine to any student believed to be having an anaphylactic reaction. The plan shall be outlined in the student handbook and discussed with staff and students during the first week of each school year;

  2. Space for the proper care of students who become ill;

  3. A written procedure, in accordance with guidelines established by the local school board, for responding to violent, disruptive, or illegal activities by students on school property or during a school-sponsored activity; and

  4. Written procedures to follow for the safe evacuation of persons with special physical, medical, or language needs who may need assistance to exit a facility, which shall include provisions that seek to maximize the opportunity for students with mobility impairments to evacuate the school building alongside nonmobility-impaired peers.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024; amended, Virginia Register Volume 42, Issue 3, eff. November 6, 2025.

Part VII School and Community Communications

8VAC20-132-250 School and community communications

A. Each school shall promote communication and foster mutual understanding with parents and the community. Each school shall:

  1. Involve parents, citizens, community agencies, and representatives from business and industry in developing, disseminating, and explaining the biennial school plan; on advisory committees; in curriculum studies; and in evaluating the educational program.

  2. Provide annually to the parents and the community a school performance report in a manner prescribed by the board and consistent with the requirements of the Elementary and Secondary Education Act (Pub. L. No. 89-10, as amended). The school performance report shall include designated information for the most recent three-year period. Such information shall be designated by the board to include indicators of the following: accountability, assessments, enrollment and demographics, college and career readiness, finance, learning environment, and teacher quality. Specific indicators shall include:

a. Virginia Assessment Program results by percentage of participation and proficiency and disaggregated by student reporting groups.

b. School performance, disaggregated by student reporting groups, on each school quality indicator described in 8VAC20-132-270 B, the school's overall performance category described in 8VAC20-132-270 E, and whether the school is identified for improvement under 8VAC20-132-280.

c. Accreditation status.

d. Attendance and absenteeism for students.

e. Information related to school safety, to include incidents of crime and violence.

f. Information related to qualifications and educational attainment of the teaching staff.

g. In addition, each secondary school's school performance report shall include the following:

(1) Advanced Placement (AP) information, to include the percentage of students who take AP courses and percentage of students who take AP tests;

(2) International Baccalaureate (IB) and Cambridge course information, to include the percentage of students who are enrolled in IB or Cambridge programs and the percentage of students who receive an IB or Cambridge Diploma;

(3) College-level course information, to include the percentage of students who take college-level courses, including dual enrollment courses;

(4) Number and percentage of (i) graduates by diploma type as prescribed by the board; (ii) certificates awarded to the senior class, including high school equivalency preparation program credentials approved by the board; and (iii) students who do not complete high school;

(5) As a separate category on the school performance report, the number of students obtaining board-approved industry certifications and passing state licensure examinations, national occupational competency assessments, and Virginia workplace readiness skills assessments while still in high school, and the number of career and technical education completers who graduated; and

(6) Number and percentage of dropouts.

  1. Cooperate with business and industry in formulating career and technical educational programs and conducting joint enterprises involving personnel, facilities, training programs, and other resources.

  2. Encourage and support the establishment or continuation of a parent-teacher association or other organization and work cooperatively with it.

B. At the beginning of each school year, each school shall provide to the parents or guardians of its students information on the availability of and source for receiving:

  1. The learning objectives developed in accordance with the provisions of 8VAC20-132-70 to be achieved at the child's grade level or, in high school, a copy of the syllabus for each of the child's courses, and a copy of the school division promotion, retention, and remediation policies;

  2. The Standards of Learning applicable to the child's grade or course requirements and the approximate date and potential impact of the child's next SOL testing; and

  3. An annual notice to students in all grade levels of all requirements for Standard Diploma and Advanced Studies Diploma and the board's policies on promotion and retention as outlined in 8VAC20-132-30.

The division superintendent shall report to the department compliance with this subsection as required by 8VAC20-132-300.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.

Part VIII School Accountability

8VAC20-132-260 Expectations for school accountability

A. The system of school accountability provides a means of determining the quality and effectiveness of schools for the following purposes:

  1. Building on strengths in schools and addressing specific areas needing improvement;

  2. Driving continuous improvement in school achievement for all schools;

  3. Identifying areas for technical assistance and the use of school improvement resources;

  4. Providing a comprehensive picture of school quality information to the public; and

  5. Informing board accreditation of schools based on the conditions specified in 8VAC20-132-300.

B. The accountability system, which presents expectations and standards for schools and school divisions, shall:

  1. Be used to publish the annual school performance report, as referenced in 8VAC20-132-250, which provides information to parents, citizens, the community, businesses and other agencies, and the general public about school characteristics and about a comprehensive range of school indicators;

  2. Fulfill the state accountability provisions for schools and divisions as presented in this part and the federal accountability provisions required under the Elementary and Secondary Education Act (Pub. L. No. 89-10, as amended) and the Individuals with Disabilities Education Act (20 USC § 1400 et seq.); and

  3. Identify schools, based on student outcome and growth measures, that require multi-year school support plans to improve performance on school quality indicators, which shall be taken into consideration in accrediting schools consistent with 8VAC20-132-300 alongside compliance with the standards for student achievement, instructional programs, school and instructional leadership, school facilities and safety, and school and community communications in this chapter.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-270 Measurement of school quality for accountability

A. Requirements for indicator selection. School quality for the purposes of accountability shall be measured for each school using multiple indicators as provided for in this part. School quality indicators include student academic outcomes and other factors that are associated with student learning.

Designation of school quality indicators by the board is based on the following criteria:

  1. Research demonstrates that the indicator is related to student academic outcomes, such as academic achievement and success beyond high school;

  2. Standardized procedures exist across schools and school divisions for collection of data used for the indicator so that the indicator is measured consistently and comparably statewide;

  3. The data used in the indicator is reliable and valid;

  4. Performance in the indicator can be positively impacted through division-level and school-level policies and procedures;

  5. The indicator meaningfully differentiates among schools based on progress of all students and student reporting groups; and

  6. The indicator does not unfairly impact one type or group of schools or students.

B. School quality indicators. Specific indicators designated by the board for accountability purposes include the following:

  1. For all schools, academic achievement on board-approved Standards of Learning tests in reading, mathematics, and science, as measured through a weighted mastery index that gives full credit, or a weight of one, in the numerator for students who attain grade-level proficiency; partial credit, or a weight of less than one, in the numerator for students who do not attain grade-level proficiency; and bonus credit, or a weight greater than one, in the numerator for students who exceed grade-level proficiency;

  2. For elementary and middle schools, growth in reading and mathematics, as measured by an individual student's year-over-year progress on summative statewide end-of-year tests;

  3. For high schools, graduation rate, which shall primarily be based on the four-year adjusted cohort graduation rate as prescribed in the Elementary and Secondary Education Act (Pub. L. No. 89-10, as amended) and may include other graduation rate measures determined by the board consistent with federal requirements;

  4. Readiness for all students as measured by:

a. For all schools, chronic absenteeism, defined as students who miss 10% or more of the school year regardless of reason, excluding students receiving homebound instruction, as defined in 8VAC20-132-10; and

b. For high schools, college, career, and civic readiness, as measured by the extent to which a school's students demonstrate preparedness for postsecondary experiences such as successful completion of advanced high school coursework, acquisition of approved industry-recognized credentials, and meeting qualifications for military service;

  1. For all schools, the progress of EL students toward achieving proficiency in English, as measured by board-approved English language proficiency assessments consistent with the Elementary and Secondary Education Act (Pub. L. No. 89-10, as amended); and

  2. At the board's discretion, additional indicators of school quality consistent with subsection G of this section.

C. EL and transfer students. When calculating the academic achievement and growth indicators described in subsection B of this section for the purpose of school accountability, the following tolerances for EL and transfer students shall apply:

  1. The scores of EL students enrolled in Virginia public schools fewer than three semesters may be removed from the calculation used to measure the academic achievement and growth indicators consistent with the Elementary and Secondary Education Act (Pub. L. No. 89-10, as amended). Completion of a semester shall be based on school membership days. Membership days are defined as the days the student is officially enrolled in a Virginia public school, regardless of days absent or present. For a semester to count as a completed semester, a student must have been in membership for a majority of the membership days of the semester. These semesters need not be consecutive. The scores of students who were formerly classified as English learners may be included in the calculation to measure the academic achievement and growth indicators for four years after the student ceases to be identified as an English learner consistent with the Elementary and Secondary Education Act (Pub. L. No. 89-10, as amended).

  2. In accordance with the provisions of 8VAC20-132-40, all students who transfer into Virginia public schools are expected to take and pass all applicable SOL tests in the content areas in which they receive instruction.

  3. All students who transfer within a school division shall have their scores counted in the calculation of the school's academic achievement and growth indicators. Students who transfer into a Virginia school from home instruction or from another Virginia school division, another state, or another country in kindergarten through grade eight shall be expected to take all applicable SOL tests or additional tests approved by the board as outlined in 8VAC20-132-110. If the transfer takes place after the 20th instructional day following the opening of school, the scores on these tests may be used in calculating the academic achievement and growth indicators applied to school accountability.

  4. Students who transfer into a Virginia middle or secondary school from home instruction or from another Virginia school division, another state, or another country and enroll in a course for which there is an end-of-course SOL test shall be expected to take the test or additional tests for that course approved by the board as outlined in 8VAC20-132-40 and 8VAC20-132-110. If the transfer takes place after 20 instructional hours per course have elapsed following the opening of school or beginning of the semester, if applicable, the scores on those tests may be used in calculating the academic achievement and growth indicators applied to school accountability.

  5. Students who enroll on the first day of school and subsequently transfer to a school outside of the division for a total amount of instructional time equal to or exceeding 50% of a current school year or semester, whether the transfer was a singular or multiple occurrence, and return during the same school year shall be expected to take any applicable SOL test. The scores of those tests may be used in measuring the school academic achievement and growth indicators in the year in which the transfers occur.

D. School performance calculation and weighting. The board shall meaningfully differentiate schools annually, beginning with the 2025-2026 school year, using data collected from the 2024-2025 school year, based on the school quality indicators described in subsection B of this section.

Consistent with the requirements for the weighting of indicators for annual meaningful differentiation in the Elementary and Secondary Education Act (Pub. L. No. 89-10, as amended), an overall score for each school shall be calculated by:

  1. For elementary and middle schools, a weighted measure, consisting of the school quality indicators described in subsection B of this section, such that the academic achievement mastery index comprises between 50% and 70% of a school's score and growth comprises up to 40% of a school's score.

  2. For high schools, a weighted measure, consisting of the school quality indicators described in subsection B of this section, such that the academic achievement mastery index comprises between 40% and 60% of a school's score and the four-year adjusted cohort graduation rate as prescribed in the Elementary and Secondary Education Act (Pub. L. No. 89-10, as amended) comprises at least 15% of a school's score.

E. Public reporting. To provide parents and the public with transparent and clear information about the overall performance of schools, the board shall use the calculation in subsection D of this section to assign schools into at least four performance categories on an annual basis. The scores associated with each performance category shall be determined by the board and posted on the portion of the department's website relating to the school performance report, beginning with the 2025-2026 school year, using data collected from the 2024-2025 school year. A school's performance category shall be reported separately from its accreditation status and shall not affect a school's accreditation status. Further, the board shall review the scores associated with each performance category at least once every three years.

F. Student groups. Any school identified for targeted support or additional targeted support under 8VAC20-132-280 based on the performance of a reporting group, including students belonging to each major racial and ethnic group, economically disadvantaged students, students with disabilities, and English learners, shall have their overall performance category described in subsection E of this section lowered by one level.

G. Board responsibilities.

  1. The board may adopt special provisions related to the measurement and use of a school quality indicator as prescribed by the board. The board may also alter the inclusions and exclusions from indicator calculations or school ratings by providing adequate notice to local school boards.

  2. The board may add new assessments or discontinue the use of existing assessments in the Virginia Assessment Program by providing adequate notice to local school boards. As specified in the Standards of Quality, the board may adopt special provisions related to the administration and use of any SOL tests as applied to school quality indicators for any period during which the Standards of Learning content or assessments in that area are being revised and phased in. Notice shall be provided to local school boards regarding the special provisions prior to statewide administration of such tests.

  3. The board may adopt valid and reliable measures of student growth to be used in calculating the growth indicators for reading and mathematics and in determining the progress of English learners toward English proficiency.

  4. The board may incorporate additional school quality indicators into the calculation described in subsection D of this section, according to its criteria as specified in subsection A of this section.

H. Schools with non-tested grades. To use the school quality indicators to meaningfully differentiate among schools with grade configurations that do not house a grade or offer courses for which SOL tests or additional tests approved by the board as outlined in 8VAC20-132-110 are administered, such schools shall be paired with another school in the division housing one or more of the grades in which SOL tests are administered. The pairing of such schools shall be made upon the recommendation of the division superintendent. The schools should have a "feeder" relationship and the grades should be contiguous.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-280 Identification of schools for improvement and required actions

A. Using the indicators and weights described in 8VAC20-132-270 and consistent with the Elementary and Secondary Education Act (Pub. L. No. 89-10, as amended), the department shall identify schools as follows:

  1. Comprehensive support. For school identification in the 2025-2026 school year, this category shall include at least the lowest-scoring 5.0% of schools based on the calculation described in 8VAC20-132-270 D. In subsequent identification years, the board shall set a minimum score on such calculation for identification for comprehensive support informed by the baseline established in the 2025-2026 school year. In addition, any high school where the four-year adjusted cohort graduation rate, as prescribed in the Elementary and Secondary Education Act (Pub. L. No. 89-10, as amended), is below 67% shall be identified for comprehensive support, starting with identification in the 2025-2026 year. Comprehensive support schools shall be identified once every three years, and no school in comprehensive support shall be placed in the highest performance category described in 8VAC20-132-270 E.

  2. Targeted support. For school identification in the 2025-2026 school year and all subsequent identification years, this category shall include any school that is not identified for comprehensive support where the performance of any reporting group within a school using the calculation described in 8VAC20-132-270 D is below the score by which schools are identified for comprehensive support. Targeted support schools shall be identified annually and the performance of the reporting group shall be reflected in the school's performance category consistent with 8VAC20-132-270 F.

  3. Additional targeted support. For school identification beginning in the 2028-2029 school year, this category shall include any targeted support school where the performance of any reporting group within a school using the calculation described in 8VAC20-132-270 D meets the criteria in subdivision 2 of this subsection after being identified for targeted support in the previous three years. Additional targeted support schools shall be identified once every three years, and the performance of the reporting group shall be reflected in the school's performance category consistent with 8VAC20-132-270 F.

Responses and actions to be taken by schools, under the leadership of division superintendents and school principals, school divisions, and the Department as a result of school identification are as prescribed in subsections B, C, and D of this section.

B. Targeted and additional targeted support. If a school is identified for targeted or additional targeted support, the school and its school division shall work cooperatively and in consultation with stakeholders, including principals, teachers, and parents, to develop and implement a multi-year school support plan to improve student outcomes, which shall be incorporated as a component of the school's comprehensive, unified long-range plan in 8VAC20-132-300 B 9.

In developing and revising such plan, the school and its school division shall conduct a needs assessment to determine the issues and conditions that are likely contributing to the school's performance on the school quality indicators for all students and reporting groups; identify the resources the school may require to implement its plan and how any resource needs will be addressed; and develop a plan for implementation with goals, measurable objectives, evidence-based strategies, and actions designed to improve performance on the school quality indicators to exit targeted support or additional targeted support status.

School division and school staff shall:

  1. Identify factors related to the school's performance on the school quality indicators described in 8VAC20-132-270 B for all students and reporting groups as part of the school’s comprehensive needs assessment;

  2. Use the results of the comprehensive needs assessment to develop and revise the multi-year school support plan to include goals, measurable objectives, at least two evidence-based strategies, and actions that address the factors identified in the needs assessment that are related to the school's performance on the school quality indicators. The department may implement an audit process to ensure compliance with this provision;

  3. Review available resources for the school, which may include reviewing division-level and school-level budgeting; identify the resources the school may require to implement its multi-year support plan; and include how any resource needs will be addressed in such plan. The school's multi-year support plan shall be approved by the school division and local school board and published on the website for the school and school division. The department may implement an audit process to ensure compliance with this provision;

  4. Implement the evidence-based strategies and actions with fidelity;

  5. Regularly evaluate the impact of plan implementation and evidence of the school's progress, monitor changes on the school quality indicators for all students and reporting groups, and make adjustments as warranted; and

  6. Evaluate progress on the school quality indicators for all students and each reporting group at the end of each year and assess the results of the school support plan actions at the end of two years. If no progress is made within the two-year period on the school quality indicators, the plan shall be revised.

The board shall establish criteria for sufficient improvement on the school quality indicators for schools to exit additional targeted support. If the school is reidentified for additional targeted support after three years, the school must undergo a review conducted by the department, or under its guidance, to identify further or alternative evidence-based strategies and actions to improve student achievement on the school quality indicators. Review of other data by the department, or under its guidance, may occur based on the school's multi-year school support plan. Revised school support plans developed as a result of the review shall be reviewed through a department-established process, which may include peer review by staff from other school divisions. Further, if such a school receives funding under Title I, Part A of the Elementary and Secondary Education Act (Pub. L. No. 89-10, as amended), the school shall be identified for comprehensive support and required to implement actions specified in subsection C of this section.

School divisions with schools identified for targeted or additional targeted support may request technical assistance from the department.

C. Comprehensive support.

  1. Multi-year support plans. If a school is identified for comprehensive support, the school and school division shall work cooperatively and in consultation with the department and with stakeholders, including principals, teachers, and parents, to develop and implement a multi-year support plan to improve student outcomes, which shall be incorporated as a component of the school's comprehensive, unified, long-range plan in 8VAC20-132-300 B 9.

The department shall develop a standardized template to develop multi-year support plans for schools in comprehensive support that divisions and schools must use. In developing such plan, the school and school division, in consultation with the department, shall conduct a needs assessment to determine the issues and conditions that are likely contributing to the school's performance on the school quality indicators; identify the resources the school may require to implement its plan and how any resource needs will be addressed; and develop a plan for implementation with goals, measurable objectives, evidence-based strategies, and actions to achieve improvement on the school quality indicators and exit comprehensive support status.

In consultation and with support from department staff, school division and school staff shall:

a. Identify factors related to the school's performance on the school quality indicators described in 8VAC20-132-270 B for all students and reporting groups as part of the school’s comprehensive needs assessment;

b. Use the results of the comprehensive needs assessment to develop a multi-year school support plan that includes goals, measurable objectives, at least four evidence-based strategies, and actions that address the factors in the needs assessment that are related to the school's performance on the school quality indicators;

c. Review available resources for the school, which may include reviewing division-level and school-level budgeting; identify the resources the school may require to implement its multi-year support plan; and include how any resource needs will be addressed in such plan;

d. Submit the completed multi-year support plan to the department through the division superintendent for department approval. The school's proposed plan shall also be provided to the local school board for review prior to submission;

e. Amend the plan if the department disapproves any portion thereof, as needed to secure the department's approval and publish the approved plan on the website for the school and school division;

f. Implement the approved multi-year support plan's evidence-based strategies and actions with fidelity; and

g. Meet regularly with department staff to evaluate the impact of plan implementation and monitor evidence of the school's progress, to track improvement on the school quality indicators and whether the school is on track to exit comprehensive support status, and to identify next steps, including whether adjustments to the plan are warranted.

  1. Schools failing to meet exit criteria. The board shall establish criteria for sufficient improvement on the school quality indicators for schools to exit comprehensive support. If a school is reidentified for comprehensive support after implementing its plan for three years, the multi-year support plan described in subdivision 1 of this subsection shall be revised with greater direction and intervention from the department, including that the department will identify more rigorous actions, consistent with the Elementary and Secondary Education Act (Pub. L. No. 89-10, as amended), to improve student outcomes on the school quality indicators.

The level of direction and intervention from the department may include calling for the local school division superintendent and the Superintendent of Public Instruction to enter into an agreement that shall delineate the responsibilities for the school staff, school division staff, and department staff and shall include required goals, measurable objectives, evidence-based strategies, and actions to improve student achievement and to improve performance on the school quality indicators.

D. Division responsibilities. In addition to facilitating the development of multi-year school support plans, school divisions with schools identified for additional targeted and comprehensive support under subsection A of this section shall create a division support plan to improve student outcomes in such schools, which shall be incorporated into the long-range comprehensive plan for the division in 8VAC20-132-300 B 9. Division support plans shall be published on the website for the division. In developing and revising such plan, the school division shall:

  1. Conduct a needs assessment to determine division-level issues and conditions that are likely contributing to the school's performance on the school quality indicators;

  2. Review the resources available to identified schools compared to other schools in the division and identify resources identified schools may require to implement their school support plans. Such plans shall be informed by a division needs assessment and each identified school's multi-year improvement plan;

  3. Include how the division will support effective implementation of the required actions and evidence-based interventions within the school support plan for each identified school in the division; and

  4. Regularly evaluate the impact of plan implementation and evidence of the division's progress in implementing the plan, monitor changes on the school quality indicators for all students and reporting groups in identified schools compared to those that are not identified in the division, and make adjustments as warranted.

E. Once every three years, the board shall review the performance scores used to identify schools for comprehensive, targeted, and additional targeted support status in the school accountability system.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-290 Recognitions and rewards for school and division accountability

Schools and divisions shall be recognized by the board in accordance with guidelines the board shall establish for the Exemplar School Recognition Program to recognize (i) schools or school divisions that exceed board-established requirements or show continuous improvement on the school quality indicators and (ii) schools, school divisions, and school boards that implement effective, innovative practices. Such recognition may include:

  1. Public announcements recognizing individual schools and divisions;

  2. Tangible rewards;

  3. Waivers of certain board regulations;

  4. Exemptions from certain reporting requirements; or

  5. Other commendations deemed appropriate to recognize high achievement.

In addition to board recognition, local school boards shall adopt policies to recognize individual schools through public announcements, media releases, and participation in community activities when setting policy relating to schools and budget development, as well as other appropriate recognition.

History

  • Statutory Authority: § 22.1-253.13 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.

Part IX School Accreditation

8VAC20-132-300 Accreditation

A. The board shall adopt a process to accredit schools based on the school accountability requirements and student outcome and growth measures, as well as compliance with the standards for student achievement, school instructional programs, school and instructional leadership, school facilities and safety, and school and community communications described in this chapter.

The department shall develop guidance, templates, evidentiary exemplars, or rubrics to demonstrate how it will objectively measure school and division compliance with each of the Standards of Accreditation described in subsection B of this section. All such guidance shall be submitted to the board for approval and final guidance shall be published on the department's website and directly provided to local school divisions.

B. The principal of each new or existing school and the division superintendent shall annually document and report to the Department of Education, in a manner prescribed by the board, satisfactory evidence of the following:

  1. The division's promotion and retention policies have been developed in accordance with the requirements of 8VAC20-132-40;

  2. Compliance with the requirements to offer courses that shall allow students to complete the graduation requirements in 8VAC20-132-50 and 8VAC20-132-51, as applicable;

  3. The school and school division's ability to offer the instructional program prescribed in 8VAC20-132-70 through 8VAC20-132-100;

  4. The school and school division's offering of history and social science and English, to include writing, as prescribed in 8VAC20-132-70 C;

  5. Compliance with the leadership and staffing requirements of 8VAC20-132-200 through 8VAC20-132-230;

  6. Compliance with the facilities and safety provisions of 8VAC20-132-240;

  7. Compliance with the parental notification provisions of 8VAC20-132-250 B;

  8. The Standards of Learning have been fully incorporated into the school division's curriculum in all accreditation-eligible schools, and the Standards of Learning material is being taught to all students eligible to take the SOL tests;

  9. A long-range comprehensive plan for the division and a comprehensive, unified, long-range school plan has been prepared and implemented as required by the Standards of Quality in accordance with § 22.1-253.13:6 C of the Code of Virginia for each division and school. The comprehensive plans shall be reviewed and updated as needed on an annual basis. Such plans shall be published on the website of each division and school and be available to students, parents, staff, and the public. Each comprehensive division and school plan shall be evaluated as part of the development of the next plan.

To develop such plans, each school shall conduct a comprehensive needs assessment in collaboration with its school division staff to identify needed actions to ensure continuous improvement for its students. For schools receiving comprehensive, targeted, or additional targeted support, results of the needs assessment shall be used to develop the multi-year school support plan, consistent with the requirements specified in 8VAC20-132-280, which shall be included in the school's comprehensive, unified, long-range plan;

  1. Actions prescribed by 8VAC20-132-280 have been completed, and in the case of a school identified for comprehensive support, a corrective action plan for continuous improvement aligned to its multi-year school support plan demonstrates the support plan is being implemented with fidelity and the school is on track to improve student achievement, growth, and performance on other school quality indicators in 8VAC20-132-270 consistent with subsection C of this section; and

  2. Actions taken to correct any noncompliance issues that the school reported in the previous year.

C. Accreditation designations. Effective no later than the academic year 2025-2026, schools shall be assigned one of the following accreditation designations.

  1. Fully accredited.

a. For a school that is not identified for comprehensive support under 8VAC20-132-280 based on its performance on the school quality indicators in 8VAC20-132-270 B, once all required evidence in subsection B of this section is submitted to the department, deemed satisfactory, and approved for compliance, the school shall be designated "Fully Accredited."

b. If a school is identified for comprehensive support, the required evidence in subsection B of this section must be submitted to the department, deemed satisfactory, and approved for compliance along with a corrective action plan for continuous improvement. Such plan must demonstrate the school is faithfully implementing its department-approved multi-year school support plan under 8VAC20-132-280 and include data showing the school's progress in improving student achievement, growth, and performance on other school quality indicators.

If the school is not among the lowest performing 5.0% on the school quality indicators in the current year (or has improved the four-year adjusted cohort graduation rate above 67% for schools identified due to low graduation rates), the school shall be designated "Fully Accredited." Further, the board may grant an exception and designate schools identified for comprehensive support as "Fully Accredited" that have not met the progress threshold using current year data but are improving at a rate using data from previous years that would lead to the school meeting the exit criteria established by the board in 8VAC20-132-280 within the required timeline.

  1. Conditionally accredited.

a. If any piece of required evidence in subsection B of this section is submitted to the department and determined to be unsatisfactory or noncompliant, a school shall be designated "Conditionally Accredited" until such school successfully submits additional evidence and is deemed to meet the conditions set forth in subsection B of this section by the department.

b. If the corrective action plan for continuous improvement submitted by a school identified for comprehensive support does not demonstrate such school has improved from the lowest performing 5.0% on the school quality indicators in the current year (or improved the four-year adjusted cohort graduation rate above 67% for schools identified due to low graduation rates) or is improving at a rate using data from previous years that would lead to the school meeting the exit criteria established by the board in 8VAC20-132-280 within the required timeline, the school shall be designated "Conditionally Accredited." If a school identified for comprehensive support is "Conditionally Accredited," the department shall require and approve revisions to the school's multi-year support plan under 8VAC20-132-280 C 1 to include more rigorous actions to improve student achievement, growth, and performance on the school quality indicators.

  1. Accreditation denied.

a. If a school is designated "Conditionally Accredited" and the school or school division fails to submit additional documentation consistent with subsection A of this section, it may be designated by the board as "Accreditation Denied."

b. If a school identified for comprehensive support is designated "Conditionally Accredited" and fails to submit, amend, adopt, and implement a revised multi-year support plan with more rigorous actions, the Superintendent of Public Instruction shall review the school for potential designation by the board as "Accreditation Denied" and shall present the results of such review to the board with recommendations. If the board determines that any such school is at not on track to improve student achievement, growth, and performance on other school quality indicators and meet the exit criteria in 8VAC20-132-280 due to its failure to adopt and implement a multi-year school support plan and corrective action plan with fidelity as required by this section, the board shall designate such school as "Accreditation Denied."

The local school board shall be given an opportunity to correct such failure, and if successful in a timely manner, the school's "Accreditation Denied" designation may be rescinded at the board's discretion.

c. If the board determines that the local school board failed to demonstrate progress in developing or implementing the corrective action plan on behalf of any school designated "Accreditation Denied," the local school board shall enter into a memorandum of understanding with the board, which shall delineate responsibilities for the local school board, the board, school division staff, school staff, and department staff and shall also include required goals, measurable objectives, and actions based on a division-level needs assessment to improve student achievement and to improve performance on school quality indicators. Department staff shall meet regularly with school division staff to monitor the memorandum of understanding and corrective action plan, to track progress on the school quality indicators, and to identify next steps. School divisions that do not demonstrate evidence of progress under the memorandum of understanding and the associated corrective action plan shall be subject to additional actions, which may include more frequent meetings with department staff, required technical assistance, or appearance before the board.

D. Any school in violation of this chapter shall be subject to appropriate action by the board, including withholding the school's accreditation rating.

E. A school's accreditation rating may be withheld by action of the board for any school found to be in violation of test security procedures pursuant to § 22.1-19.1 of the Code of Virginia.

F. Review cycles. If a school has been designated "Fully Accredited" for three consecutive years and is not receiving comprehensive support as specified in 8VAC20-132-280, the board shall review the accreditation status of the school every three years. If a school is identified for comprehensive support during its triennial accreditation period, the school shall be required to receive approval from the department of its school support plan, consistent with 8VAC20-132-280, and submit a corrective action plan to the department consisted with subsection C of this section each subsequent year within that triennial period.

If the board finds that a school with multi-year accreditation status that is not identified for comprehensive support would have been accredited every year of the triennial review period, the board shall accredit the school for another three years. A multi-year accreditation status shall neither relieve any school or division of annual reporting requirements, nor relieve any school or division of annual review of school quality indicators used for school accountability and subsequent actions as appropriate and provided for in 8VAC20-132-270 and 8VAC20-132-280.

G. Division-level reviews and corrective actions. Because a high proportion of schools identified for support under 8VAC20-132-280 within a single division may be indicative of a division-level failure to implement the Standards of Quality or other division-level action or inaction, school divisions with at least 40% of their schools identified for comprehensive or additional targeted support or 10 or more schools identified for comprehensive support will be required to undergo a division-level academic and resource allocation review conducted by the department consistent with the Elementary and Secondary Education Act (Pub. L. No. 89-10, as amended).

After the completion of such review, the Superintendent of Public Instruction shall present the results of such review to the board with recommendations. Each local school board shall, within a time period specified by the board, enter into a memorandum of understanding with the board and shall subsequently submit to the board for approval a corrective action plan, consistent with criteria established by the board, delineating responsibilities for the local school board, the board, school division staff, school staff, and department staff and setting forth specific actions and a schedule designed to ensure that schools within its school division meet the standards established by the board and improve performance on the school quality indicators. If the board determines that the proposed corrective action plan is not sufficient to enable all schools within the division to meet the standards established by the board, the board may return the plan to the local school board with directions to submit an amended plan pursuant to board guidance. Such corrective action plans shall be part of the relevant school division's comprehensive plan pursuant to § 22.1-253.13:6 of the Code of Virginia.

Department staff shall meet regularly with school division staff to monitor the memorandum of understanding and corrective action plan, to track progress on the school quality indicators, and to identify next steps.

School divisions that do not demonstrate evidence of progress under the memorandum of understanding and the associated corrective action plan shall be subject to additional actions, which may include more frequent meetings with department staff, required technical assistance, or appearance before the board.

H. At-risk add-on funds. As provided in the appropriation act, if the board has required a local school board to submit a corrective action plan pursuant to § 22.1-253.13:3 A of the Code of Virginia, either for the school division pursuant to a division-level review or for any schools within its division that have been designated as not meeting the standards as approved by the board, the Superintendent of Public Instruction shall determine and report to the board whether each such local school board has met its obligation to develop and submit such corrective action plan and is making adequate and timely progress in implementing the plan. Additionally, if an academic review process undertaken pursuant to § 22.1-253.13:3 A of the Code of Virginia has identified actions for a local school board to implement, the Superintendent of Public Instruction shall determine and report to the board whether the local school board has implemented required actions. If the Superintendent of Public Instruction certifies that a local school board has failed or refused to meet any of those obligations, the board shall withhold payment of some or all at-risk add-on funds otherwise allocated to the affected division pursuant to this allocation for the pending fiscal year. In determining the amount of at-risk add-on funds to be withheld, the board shall take into consideration the extent to which such funds have already been expended or contractually obligated. The local school board shall be given an opportunity to correct its failure and if successful in a timely manner, may have some or all of its at-risk add-on funds restored at the board's discretion.

I. Additional remedies. The board may exercise its authority to seek school division compliance with school laws pursuant to the relevant provisions of the Code of Virginia when any school within a division receives an accreditation designation other than "Fully Accredited."

In accordance with the Standards of Quality at § 22.1-253.13:8 of the Code of Virginia, if the board determines that a school division has failed or refused and continues to fail or refuse to comply with any of the Standards of Quality, including the requirement for local school boards to maintain schools designated as "Accredited" as provided in § 22.1-253.13:3 A of the Code of Virginia, the board may petition the circuit court having jurisdiction in the school division to mandate or otherwise enforce compliance with such standard, including the development or implementation of any required corrective action plan that a local school board has failed or refused to develop or implement in a timely manner.

J. The board shall provide a process for a local school board to appeal an accreditation designation under subsection C of this section for any school in the division. The board shall grant such appeals only in limited circumstances that warrant special consideration. In order to appeal such designation, the local school board shall submit a request to the board, signed by the chairman of the school board and the division superintendent, explaining why the school board is appealing the designation and shall include documentation supporting the request.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-310 Waivers and alternative accreditation plans

A. Except as specified in this section, the board may grant, for a period of up to five years, a waiver of requirements of this chapter that are not mandated by state or federal law or designed to promote health or safety. The board may grant all or a portion of the request for a waiver and designate conditions as appropriate. Waivers of requirements in 8VAC20-132-40, 8VAC20-132-50, 8VAC20-132-51, 8VAC20-132-70, and 8VAC20-132-260 through 8VAC20-132-320 shall not be granted, and no waiver may be approved for a program that violates the Standards of Quality.

B. Waivers of some of the requirements of this chapter may be granted by the board based on submission of a request from the division superintendent and chairman of the local school board. The request shall include documentation of the justification and need for the waiver. In no event shall waivers be granted to the requirements of Part III (8VAC20-132-40 et seq.) of this chapter, except that the board may provide for the waiver of certain graduation requirements and the subsequent award of a high school diploma in 8VAC20-132-50 and 8VAC20-132-51 upon (i) the board's initiative; (ii) the request of a local school board; or (iii) the request of the parent of any high school senior who died in good standing prior to graduation during the student's senior year. Such waivers shall be granted only for good cause and shall be considered on a case-by-case basis. The board shall develop guidelines for implementing this chapter.

Any student with a disability whose Individualized Education Program (IEP) or 504 Plan documents that the student cannot successfully complete training in emergency first aid, cardiopulmonary resuscitation, or the use of automated external defibrillators, including hands-on practice of the skills necessary to perform cardiopulmonary resuscitation, as required for graduation in 8VAC20-132-50 B 2 and C 2 and 8VAC20-132-51 B 2 and C 2 shall be granted a waiver from this graduation requirement.

C. Waivers for innovative or school experimental programs. With the approval of the local school board, schools seeking to implement experimental or innovative programs, or both, that are not consistent with this chapter shall submit a waiver request to the board for evaluation and approval prior to implementation. The request must include the following:

  1. Purpose and objectives of the experimental or innovative programs;

  2. Description and duration of the programs;

  3. Anticipated outcomes;

  4. Number of students affected;

  5. Evaluation procedures; and

  6. Mechanisms for measuring goals, objectives, and student academic achievement.

D. Alternative accreditation plans. Subject to the provisions of subsection B of this section, the governing school board of special purpose schools such as those provided for in § 22.1-26 of the Code of Virginia, Governor's schools, special education schools, alternative schools, or career and technical schools that serve as the student's school of principal enrollment may seek approval of an alternative accreditation plan from the board. Schools offering alternative education programs and schools with a graduation cohort of 50 or fewer students as defined by the graduation rate formula adopted by the board may request that the board approve an alternative accreditation plan using different graduation rate measures than those specified in 8VAC20-132-270 B. Special purpose schools with alternative accreditation plans shall be evaluated on standards appropriate to the programs offered in the school and approved by the board prior to August 1 of the school year for which approval is requested. Any student graduating from a special purpose school with a Standard Diploma or an Advanced Studies Diploma must meet the requirements prescribed in 8VAC20-132-50 or 8VAC20-132-51.

As set forth in the Standards of Quality and according to department procedures, any school board may request the board for release from state regulations or, on behalf of one or more of its schools, for approval of an Individual School Accreditation Plan for the evaluation of the performance of one or more of its schools as authorized for schools enumerated in this subsection, based on special circumstances.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.
8VAC20-132-320 Effective dates

A. Graduation requirements.

  1. The graduation requirements for students entering grade nine for the first time in the 2013-2014 school year and prior to the 2018-2019 school year shall be those provided in 8VAC20-132-50.

  2. The graduation requirements for students entering grade nine for the first time in the 2018-2019 school year and beyond shall be those provided in 8VAC20-132-51.

  3. The graduation requirements applicable to students transferring into a Virginia high school for the first time shall be as determined by 8VAC20-132-60 G.

B. Locally awarded verified credits.

  1. Locally awarded verified credits conferred for English, mathematics, laboratory science, and history and social science for students entering grade nine for the first time prior to the 2018-2019 school year shall be as provided in 8VAC20-132-110 B 3 a.

  2. Locally awarded verified credits conferred for English, mathematics, laboratory science, and history and social science for students entering grade nine for the first time in 2018-2019 or thereafter shall be as provided in 8VAC20-132-110 B 3 b.

C. Academic and career planning.

  1. The requirements for academic and career planning prescribed in 8VAC20-132-140 B shall be effective beginning with the 2013-2014 academic year and through the 2017-2018 academic year.

  2. The requirements for Academic and Career Plans prescribed in 8VAC20-132-140 C shall be effective beginning with the 2018-2019 academic year.

D. Unless otherwise specified, the remainder of this chapter shall become effective beginning with the 2025-2026 academic year.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 41, Issue 1, eff. September 25, 2024.

Chapter 350 Regulations Governing the Operation of Proprietary Schools and Issuing of Agent Permits [Repealed]

Part I Definitions, Exemptions [Repealed]

8VAC20-350-10 (Repealed.)

Historical Notes

Derived from VR270-01-0034 §§ 1.1, 1.2, eff. March 13, 1991, amended Virginia Register Volume 10, Issue 10, eff. March 9, 1994; repealed, Virginia Register Volume 23, Issue 12, eff. May 8, 2007.

Part II Compliance [Repealed]

8VAC20-350-30 (Repealed.)

Historical Notes

Derived from VR270-01-0034 §§ 2.1 to 2.9, eff. March 13, 1991; amended, Virginia Register Volume 10, Issue 10, eff. March 9, 1994; repealed, Virginia Register Volume 23, Issue 12, eff. May 8, 2007.

Part III Application [Repealed]

8VAC20-350-120 (Repealed.)

Historical Notes

Derived from VR270-01-0034 §§ 3.1, 3.2 eff. March 13, 1991; amended, Virginia Register Volume 10, Issue 10, eff. March 9, 1994; repealed, Virginia Register Volume 23, Issue 12, eff. May 8, 2007.

Part IV Staff Qualifications [Repealed]

8VAC20-350-140 (Repealed.)

Historical Notes

Derived from VR270-01-0034 §§ 4.1 to 4.6, eff. March 13, 1991; amended, Virginia Register Volume 10, Issue 10, eff. March 9, 1994; repealed, Virginia Register Volume 23, Issue 12, eff. May 8, 2007.

Part V Physical Facilities, Inspections [Repealed]

8VAC20-350-200 (Repealed.)

Historical Notes

Derived from VR270-01-0034 § 5.1, eff. March 13, 1991; amended, Virginia Register Volume 10, Issue 10, eff. March 9, 1994; repealed, Virginia Register Volume 23, Issue 12, eff. May 8, 2007.

Part VI Instructional Programs [Repealed]

8VAC20-350-210 (Repealed.)

Historical Notes

Derived from VR270-01-0034 §§ 6.1, 6.2, eff. March 13, 1991; amended, Virginia Register Volume 10, Issue 10, eff. March 9, 1994; repealed, Virginia Register Volume 23, Issue 12, eff. May 8, 2007.

Part VII Student Services, Records, and Contracts [Repealed]

8VAC20-350-230 (Repealed.)

Historical Notes

Derived from VR270-01-0034 §§ 7.1 to 7.3, eff. March 13, 1991; amended, Virginia Register Volume 10, Issue 10, eff. March 9, 1994; repealed, Virginia Register Volume 23, Issue 12, eff. May 8, 2007.

Part VIII Cancellation and Refund Policy [Repealed]

8VAC20-350-260 (Repealed.)

Historical Notes

Derived from VR270-01-0034 §§ 8.1 to 8.5, eff. March 13, 1991; amended, Virginia Register Volume 10, Issue 10, eff. March 9, 1994; repealed, Virginia Register Volume 23, Issue 12, eff. May 8, 2007.

Part IX Advertising, Publications [Repealed]

8VAC20-350-310 (Repealed.)

Historical Notes

Derived from VR270-01-0034 § 9.1, eff. March 13, 1991; amended, Virginia Register Volume 10, Issue 10, eff. March 9, 1994; repealed, Virginia Register Volume 23, Issue 12, eff. May 8, 2007.

Part X Correspondence Schools [Repealed]

8VAC20-350-320 (Repealed.)

Historical Notes

Derived from VR270-01-0034 § 10.1, eff. March 13, 1991; amended, Virginia Register Volume 10, Issue 10, eff. March 9, 1994; repealed, Virginia Register Volume 23, Issue 12, eff. May 8, 2007.

Part XI Specific Requirements for Schools for Children with Disabilities [Repealed]

8VAC20-350-330 (Repealed.)

Historical Notes

Derived from VR270-01-0034 §§ 11.1 to 11.12, eff. March 13, 1991; amended, Virginia Register Volume 10, Issue 10, eff. March 9, 1994; repealed, Virginia Register Volume 23, Issue 12, eff. May 8, 2007.

Part XII Certificate Generally, Restrictions [Repealed]

8VAC20-350-450 (Repealed.)

Historical Notes

Derived from VR270-01-0034 §§ 12.1 to 12.3, eff. March 13, 1991; amended, Virginia Register Volume 10, Issue 10, eff. March 9, 1994; repealed, Virginia Register Volume 23, Issue 12, eff. May 8, 2007.

Part XIII Student Guaranty Provisions [Repealed]

8VAC20-350-480 (Repealed.)

Historical Notes

Derived from VR270-01-0034 §§ 13.1 to 13.3, eff. March 13, 1991; amended, Virginia Register Volume 10, Issue 10, eff. March 9, 1994; repealed, Virginia Register Volume 23, Issue 12, eff. May 8, 2007.

Part XIV Fees [Repealed]

8VAC20-350-510 (Repealed.)

Historical Notes

Derived from VR270-01-0034 § 14.1, eff. March 13, 1991; amended, Virginia Register Volume 10, Issue 10, eff. March 9, 1994; repealed, Virginia Register Volume 23, Issue 12, eff. May 8, 2007.

Part XV Certificate Renewal [Repealed]

8VAC20-350-520 (Repealed.)

Historical Notes

Derived from VR270-01-0034 § 15.1, eff. March 13, 1991; amended, Virginia Register Volume 10, Issue 10, eff. March 9, 1994; repealed, Virginia Register Volume 23, Issue 12, eff. May 8, 2007.

Part XVI Denial, Revocation, Suspension or Refusal to Renew a Certificate, Grounds [Repealed]

8VAC20-350-530 (Repealed.)

Historical Notes

Derived from VR270-01-0034 §§ 16.1 to 16.7, eff. March 13, 1991; amended, Virginia Register Volume 10, Issue 10, eff. March 9, 1994; repealed, Virginia Register Volume 23, Issue 12, eff. May 8, 2007.

Part XVII Listing of Schools [Repealed]

8VAC20-350-600 (Repealed.)

Historical Notes

Derived from VR270-01-0034 § 17.1, eff. March 13, 1991; amended, Virginia Register Volume 10, Issue 10, eff. March 9, 1994; repealed, Virginia Register Volume 23, Issue 12, eff. May 8, 2007.

Part XVIII Agent Permits [Repealed]

8VAC20-350-610 (Repealed.)

Historical Notes

Derived from VR270-01-0034 §§ 18.1 to 18.3, eff. March 13, 1991; amended, Virginia Register Volume 10, Issue 10, eff. March 9, 1994; repealed, Virginia Register Volume 23, Issue 12, eff. May 8, 2007.

Part XIX School Closings [Repealed]

8VAC20-350-640 (Repealed.)

Historical Notes

Derived from VR270-01-0034 § 19.1, eff. March 13, 1991; amended, Virginia Register Volume 10, Issue 10, eff. March 9, 1994; repealed, Virginia Register Volume 23, Issue 12, eff. May 8, 2007.

Part XX Transmittal of Documents and Materials [Repealed]

8VAC20-350-650 (Repealed.)

Historical Notes

Derived from VR270-01-0034 § 20.1, eff. March 13, 1991; amended, Virginia Register Volume 10, Issue 10, eff. March 9, 1994; repealed, Virginia Register Volume 23, Issue 12, eff. May 8, 2007.

Part XXI Amendments [Repealed]

8VAC20-350-660 (Repealed.)

Historical Notes

Derived from VR270-01-0034 § 21.1, eff. March 13, 1991; amended, Virginia Register Volume 10, Issue 10, eff. March 9, 1994; repealed, Virginia Register Volume 23, Issue 12, eff. May 8, 2007.

Chapter 530 Regulations Governing Criteria to Identify Toxic Art Materials; Labeling; Use in Elementary Grades Prohibited [Repealed]

Part I Definitions [Repealed]

8VAC20-530-10 (Repealed.)

History

  • Historical Notes: Derived from VR270-01-0051 § 1.1, eff. July 1, 1988; repealed, Virginia Register Volume 42, Issue 7, eff. January 1, 2026.

Part II General Regulations [Repealed]

8VAC20-530-20 (Repealed.)

History

  • Historical Notes: Derived from VR270-01-0051 § 2.1, eff. July 1, 1988; repealed, Virginia Register Volume 42, Issue 7, eff. January 1, 2026.
8VAC20-530-30 (Repealed.)

History

  • Historical Notes: Derived from VR270-01-0051 §§ 2.2 and 2.3, eff. July 1, 1988; repealed, Virginia Register Volume 42, Issue 7, eff. January 1, 2026.
8VAC20-530-40 (Repealed.)

History

  • Historical Notes: Derived from VR270-01-0051 § 2.4, eff. July 1, 1988; repealed, Virginia Register Volume 42, Issue 7, eff. January 1, 2026.
8VAC20-530-50 (Repealed.)

History

  • Historical Notes: Derived from VR270-01-0051 § 2.5, eff. July 1, 1988; repealed, Virginia Register Volume 42, Issue 7, eff. January 1, 2026.

Part III Labeling [Repealed]

8VAC20-530-60 (Repealed.)

History

  • Historical Notes: Derived from VR270-01-0051 § 3.1, eff. July 1, 1988; repealed, Virginia Register Volume 42, Issue 7, eff. January 1, 2026.
8VAC20-530-70 (Repealed.)

History

  • Historical Notes: Derived from VR270-01-0051 § 3.2, eff. July 1, 1988; repealed, Virginia Register Volume 42, Issue 7, eff. January 1, 2026.
8VAC20-530-80 (Repealed.)

History

  • Historical Notes: Derived from VR270-01-0051 § 3.3, eff. July 1, 1988; repealed, Virginia Register Volume 42, Issue 7, eff. January 1, 2026.

Chapter 543 Regulations Governing the Review and Approval of Education Programs in Virginia

Part I Definitions

8VAC20-543-10 Definitions

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

"Accreditation" means a process for assessing and improving academic and educational quality through voluntary peer review. This process informs the public that an institution has a professional education program that has met national standards of educational quality.

"Accredited institution" means an institution of higher education accredited by an accrediting agency recognized by the 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 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.

"Evidence-based literacy instruction" means the same as that term is defined in § 22.1-1 of the Code of Virginia.

"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 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.

"Science-based reading research" means the same as that term is defined in § 22.1-1 of the Code of Virginia.

"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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 37, Issue 2, eff. October 14, 2020; Volume 41, Issue 2, eff. October 24, 2024; Volume 42, Issue 3, eff. November 6, 2025.

Part II Accreditation and Administering this Chapter

8VAC20-543-20 Accreditation and administering this chapter

A. Institutions of higher education seeking approval of an education endorsement program shall be accredited by 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. 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 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 37, Issue 2, eff. October 14, 2020; Volume 41, Issue 2, eff. October 24, 2024.

Part III Application for New Education Endorsement Programs

8VAC20-543-30 Application for new education endorsement programs

A. Requests for new education endorsement programs shall be approved by the Virginia Board of Education.

B. The professional education program shall submit a request for the new program in a format provided by the Department of Education that shall address the following requirements:

  1. Rationale for the new education endorsement program, to include local division or service area demand data and statements of support from the institution's dean, provost, president, or designee and Virginia school divisions. A summary of the stakeholders' involvement in the development of the education endorsement program must be included.

  2. Capacity of the institution to offer the education endorsement program.

  3. List of the requirements for the education endorsement program, to include the degree, major, and the curriculum.

  4. Matrices demonstrating that the competencies set forth in this chapter have been incorporated in the education endorsement program.

  5. Description of structured and integrated field experiences to include early clinical experiences and a summative supervised student teaching experience.

  6. Description of the partnerships and collaborations based on preK-12 school needs.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.

Part IV Standards for Biennial Approval of Education Endorsement Programs

8VAC20-543-40 Standards for biennial approval of education endorsement programs

Education endorsement programs in Virginia shall be approved by the Board of Education and demonstrate achievement biennially of the accountability measures in this section. The institution of higher education must report evidence of the standards for Board of Education review biennially.

  1. Candidate progress and performance on prescribed Board of Education licensure assessments. Candidate passing rates, reported by percentages, shall not fall below 80% biennially for program completers and program noncompleters. Program completers are individuals who have successfully completed all coursework, required licensure assessments, and supervised student teaching or required internship. Program noncompleters are those individuals who have been officially admitted into the education program and who have taken, regardless of whether the individual passed or failed, required licensure assessments, and have successfully completed all coursework, but who have not completed supervised student teaching or the required internship. Program noncompleters shall have been officially released (in writing) from an education endorsement program by an authorized administrator of the program.

  2. Candidate progress and performance on an assessment of basic skills as prescribed by the Board of Education for individuals seeking entry into an approved education endorsement program.

Indicators of the achievement of this standard shall include the following:

a. Results on Board of Education prescribed entry-level assessments;

b. Documentation that candidates enrolled in the program who fail to achieve a minimum score established by the Board of Education have the opportunity to address deficiencies; and

c. Documentation of the number of candidates admitted into the program who did not meet the prescribed admission assessment and the opportunities provided to the candidates to address deficiencies.

  1. Structured and integrated field experiences to include early clinical experiences and a summative supervised student teaching experience.

Indicators of the achievement of this standard shall include the following:

a. Evidence that candidates receive quality clinically-based structured and integrated field experiences that prepare them to work in diverse educational environments; and

b. Evidence that supervised clinical experiences are continuous and systematic and comprised of early field experiences with a minimum of 10 weeks of successful full-time student teaching under the supervision of a cooperating teacher with demonstrated effectiveness in the classroom, as indicated by a proficient or exemplary evaluation rating. The supervised student teaching experience shall include at least 150 clock hours spent in direct teaching at the level of endorsement.

  1. Evidence of opportunities for candidates to participate in diverse school settings that provide experiences with populations that include racial, gender, exceptionality, religion, geographic, economic, linguistic, and ethnic diversity throughout the program experiences.

The indicator of the achievement of this standard shall include evidence that the professional education program provides opportunities for candidates to have program experiences in diverse school settings that provide experiences with populations that include racial, gender, exceptionality, religion, geographic, economic, linguistic, and ethnic diversity within each biennial period.

  1. Evidence of contributions to preK-12 student achievement by candidates completing the program.

Indicators of the achievement of this standard shall include the following:

a. Evidence to show that candidates know about, create, and use appropriate and effective data-driven assessments in teaching that shall provide dependable information about student achievement;

b. Evidence to document that faculty have made provisions for evaluating the effects that candidates have on preK-12 student learning in the context of teaching as they design unit assessment systems and assessments for each program; and

c. Evidence that the education program assesses candidates' mastery of exit criteria and performance proficiencies, including the ability to affect student learning, through the use of multiple sources of data such as a culminating experience, portfolios, interviews, videotaped and observed performance in schools, standardized tests, and course grades.

  1. Evidence of employer job satisfaction with graduates completing the program.

Indicators of the achievement of this standard shall include:

a. Documentation that the professional education program has two years of evidence regarding graduates performance based on employer surveys.

b. Documented evidence of teacher effectiveness, including student academic progress.

  1. Partnerships and collaborations based on preK-12 school needs.

Indicators of the achievement of this standard shall include the following:

a. Documented evidence that the education endorsement program has established partnerships reflecting collaboratively designed program descriptions based on identified needs of the preK-12 community.

b. Documented evidence that the administration and supervision program collaborates with partnering schools to identify and select candidates for school leadership programs who meet local needs, demonstrate both potential for and interest in school leadership, and meet the qualifications for admission to advanced programs.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.

Part V Application of Standards for Biennial Approval of Education Endorsement Programs

8VAC20-543-50 Application of the standards

A. As a prerequisite to education endorsement program approval, professional education programs in Virginia shall have national accreditation. Failure to do so will result in the education endorsement program being designated as "approval denied."

B. The education endorsement program's candidate passing rates, reported by percentages, shall not fall below 80% biennially for program completers and program noncompleters. Program completers are individuals who have successfully completed all coursework, required licensure assessments, and supervised student teaching or the required internship. Program noncompleters are those individuals who have been officially admitted into the education program and who have taken, regardless of whether the individual passed or failed, required licensure assessments, and have successfully completed all coursework, but who have not completed supervised student teaching or the required internship. Program noncompleters shall have been officially released (in writing) from an education endorsement program by an authorized administrator of the program.

C. The professional education program's authorized administrator is responsible to certify documented evidence that the following standards as set forth in 8VAC20-543-40 have been met by the education endorsement program:

  1. The professional education program shall demonstrate candidate progress and performance on an assessment of basic skills as prescribed by the Board of Education for individuals seeking entry into an approved education endorsement program.

  2. The professional education program shall provide structured and integrated field experiences.

  3. The professional education program shall provide evidence of opportunities for candidates to participate in diverse school settings that provide experiences with populations that include racial, gender, exceptionality, religion, geographic, economic, linguistic, and ethnic diversity throughout the program experiences.

  4. The professional education program shall provide evidence of contributions to preK-12 student achievement by candidates completing the program.

  5. The professional education program shall provide evidence of employer job satisfaction with graduates completing the program.

  6. The professional education program shall develop and provide evidence of biennial accountability measures for partnerships and collaborations based on preK-12 school needs.

D. After submitting to the Department of Education the information contained in 8VAC20-543-40, education endorsement programs in Virginia shall receive one of the following three ratings:

  1. Approved. The education endorsement program has met all standards set forth in 8VAC20-543-40.

  2. Approved with stipulations. The education endorsement program has met standards in subsections A and B of this section and is making documented progress toward meeting standards in subsection C of this section. Institutions with education endorsements programs that fall below the 80% biennial requirement shall submit to the Board of Education for approval an improvement plan to address the areas of stipulation, including measurable goals and timelines. Semiannual reports must be submitted to the Director of Teacher Education to document the progress in addressing the goals toward elimination of the stipulation until the next biennial review period. The biennial passing rates that fall below the 80% requirement for program completers and noncompleters shall result in the education endorsement program receiving a rating of "approved with stipulations." The passing rate for program completers and noncompleters must meet the 80% passing rate requirement by the end of the next biennial period for the program to be approved; if the 80% pass rate is not achieved, the program will be denied. However, if the education endorsement program has less than 10 program completers and noncompleters, the institution must submit an annual report attesting to continued progress in meeting the requirements.

  3. Approval denied. Approval may be denied if:

a. The education endorsement program has not met standards in subsection A of this section;

b. The education endorsement program has met standards in subsection A of this section but has not met requirements in subsection B of this section for two consecutive biennial reporting periods. The program shall be denied and the public notified. The program may resubmit a request for approval at the end of the next biennial period.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.

Part VI Professional Education Program Accountability

8VAC20-543-60 Biennial accountability measurement report

The accredited 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-543-70 Annual professional education program profile

The accredited 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 37, Issue 2, eff. October 14, 2020; Volume 41, Issue 2, eff. October 24, 2024.

Part VII Competencies for Endorsement Areas Article 1 General Competencies

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 an accredited 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

Article 2 Early/Primary Education, Elementary Education, and Middle Education Endorsements

8VAC20-543-90 Professional studies requirements for early/primary education, elementary education, dual language, and middle education

Professional studies requirements for early/primary education, elementary education, dual language, and middle education:

  1. Human development and learning (birth through adolescence).

a. Skills in this area shall contribute to an understanding of the physical, social, emotional, speech and language, and intellectual development of children and the ability to use this understanding in guiding learning experiences and relating meaningfully to students.

b. The interaction of children with individual differences, including economic, social, racial, ethnic, religious, physical, and cognitive differences, should be incorporated to include skills contributing to an understanding of developmental disabilities and developmental issues related, but not limited to, low socioeconomic status; attention deficit disorders; developmental disorders; gifted education, including the use of multiple criteria to identify gifted students; substance abuse; trauma, including child abuse, and neglect and other adverse childhood experiences; and family disruptions.

  1. Curriculum and instruction.

a. Early/primary education preK-3 or elementary education preK-6 curriculum and instruction.

(1) Skills in this area shall contribute to an understanding of the principles of learning; the application of skills in discipline-specific methodology; varied and effective methods of communication with and among students; selection and use of materials, including media and contemporary technologies; and selection, development, and use of appropriate curricula, methodologies, and materials that support and enhance student learning and reflect the research on unique, age-appropriate, and culturally relevant curriculum and pedagogy.

(2) Understanding of the principles of online learning and online instructional strategies and the application of skills to deliver online instruction 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 level of endorsement (preK-3 or preK-6) sought shall be included.

(4) Teaching methods shall be tailored to promote student engagement and student academic progress and effective preparation for the Virginia Standards of Learning assessments.

(5) Study in (i) methods of improving communication between schools and families; (ii) communicating with families regarding social and instructional needs of children; (iii) ways of increasing family 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 prepared by the Virginia Department of Education's Office of Early Childhood shall be included.

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

(7) Early childhood educators must understand the role of the informal and play-mediated settings for promoting student skills and development and must demonstrate knowledge and skill in interacting in such situations to promote specific learning outcomes as reflected in Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds.

(8) Demonstrated proficiency in the use of educational technology for instruction shall be included. Study in child abuse recognition and intervention in accordance with curriculum guidelines developed by the State 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 must be included.

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

b. Dual language preK-6 curriculum and instruction.

(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 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) Virginia Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds prepared by the Virginia Department of Education's Office of Early Childhood 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.

(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.

c. Middle education six to eight curriculum and instruction.

(1) Skills in this area shall contribute to an understanding of the principles of learning; the application of skills in discipline-specific methodology; effective communication with and among students; selection and use of materials, including media and contemporary technologies; and evaluation of pupil performance.

(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 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 the Virginia Standards of Learning shall be included.

(6) Demonstrated proficiency in the use of educational technology for instruction shall be included. 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 automatic external defibrillators shall be included.

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

  1. Classroom and behavior management. Skills in this area shall contribute to an understanding and application of research-based classroom and behavior management techniques, classroom community building, positive behavior supports, and individual interventions, including techniques that promote emotional well-being and teach and maintain behavioral conduct and skills consistent with norms, standards, and rules of the educational environment. This area shall address diverse approaches based upon culturally responsive behavioral, cognitive, affective, social, and ecological theory and practice. Approaches should support professionally appropriate practices that promote positive redirection of behavior, development of social skills, and development of self-discipline. Knowledge and an understanding of various school crisis management and safety plans and the demonstrated ability to create a safe, orderly classroom environment shall be included. The link between classroom management and student age must be understood and demonstrated in techniques used in the classroom.

  2. Assessment of and for learning.

a. Skills in this area shall be designed to develop an understanding and application of creating, selecting, and implementing valid and reliable classroom-based assessments of student learning, including formative and summative assessments. Assessments designed and adapted to meet the needs of diverse learners 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 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 must be included.

e. Knowledge of legal and ethical aspects and skills for developing familiarity with assessments used in preK-12 education (including diagnostic, college admission exams, industry certifications, and placement assessments).

  1. Foundations of education and the teaching profession.

a. Skills in this area shall be designed to develop an understanding of the historical, philosophical, and sociological foundations underlying the role, development, and organization of public education in the United States.

b. Attention must be given to the legal status of teachers and students, including federal and state laws and regulations; school as an organization and culture; and contemporary issues and current trends in education, including the impact of technology on education. Local, state, and federal governance of schools, including the roles of teachers and schools in communities, 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.

  1. Language and literacy.

a. Early/primary education preK-3 and elementary education preK-6 language acquisition and reading and writing. Skills listed for these endorsement areas represent the minimum competencies that a beginning teacher must be able to demonstrate. These skills are not intended to limit the scope of a beginning teacher's program. Additional knowledge and skills that add to a beginning teacher's competencies to deliver instruction and improve student achievement should be included as part of a quality learning experience. Skills listed for these endorsement areas must include science-based reading research and evidence-based literacy instruction. As required by the Virginia Literacy Act, students must demonstrate mastery of understanding science-based reading research and evidence-based literacy instruction.

(1) Skills in language acquisition 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) Skills in reading and writing shall be designed to impart a thorough understanding of the Virginia English Standards of Learning, as well as the reciprocal nature of reading and writing. Reading shall include phonemic and other phonological awareness, concept of print, phonics, fluency, vocabulary development, and comprehension strategies. Writing shall include writing strategies and conventions as supporting the composing and written expression and usage and mechanics domains. Additional skills shall include proficiency in understanding the stages of spelling development, and the writing process, as well as the ability to foster appreciation of a variety of literary and information texts and independent reading.

b. Dual language (English) preK-6 language acquisition and reading and writing. 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) Skills in language acquisition 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) Skills in literacy development (reading and writing) 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.

c. Dual language (target language) preK-6 language acquisition and bilingual literacy development. 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) Skills in language acquisition 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) Skills in bilingual literacy development 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.

d. Middle education - language acquisition and reading development and literacy in the content areas.

(1) Skills in language acquisition and reading development 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 literary and information texts and independent reading for adolescent learners.

(2) Skills in literacy in the content areas shall be designed to impart an understanding of vocabulary development and comprehension skills in areas of English, mathematics, science, history and social science, and other content areas. Strategies include teaching students how to ask effective questions, summarize and retell both verbally and in writing, and to listen effectively. Teaching strategies include literal, interpretive, critical, and evaluative comprehension, as well as the ability to foster appreciation of a variety of literary and informational texts and independent reading for adolescent readers.

  1. Supervised clinical experiences. The supervised clinical experiences shall be continuous and systematic and comprised of early field experiences with a minimum of 10 weeks of successful full-time student teaching in the endorsement area sought under the supervision of a cooperating teacher with demonstrated effectiveness in the classroom. The summative supervised student teaching experience shall include at least 150 clock hours spent in direct teaching at the level of endorsement in a public or accredited nonpublic school. One year of successful full-time teaching experience in the endorsement area in any public school or accredited nonpublic school may be accepted in lieu of the supervised student teaching experience. A fully licensed, experienced teacher shall be available in the school building to assist a beginning teacher employed through the alternate route.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 42, Issue 3, eff. November 6, 2025; Volume 42, Issue 11, eff. February 11, 2026.
8VAC20-543-100 Early childhood for three-year-olds and four-year-olds (add-on endorsement)

The program in early childhood education for three-year-olds and four-year-olds shall ensure that the candidate holds an active license with an endorsement in elementary education, such as preK-3 or preK-6 or special education early childhood issued by the Virginia Board of Education and has demonstrated the following competencies:

  1. Understanding child growth and development from birth through age five, with a specific focus on three-year-olds and four-year-olds, including:

a. Knowledge of characteristics and developmental needs of three-year-olds and four-year-olds, including the ability to recognize indicators of typical and atypical development, in the domains of language, social, emotional, cognitive, physical, and gross and fine motor development;

b. Understanding of the multiple interacting influences on child development (biological and environmental), interconnectedness of developmental domains, the wide range of ages at which developmental skills are manifested, and the individual differences in behavioral styles; and

c. Knowledge of child development within the context of family, culture, and society.

  1. Understanding principles of developmental practice, with a focus on three-year-olds and four-year-olds, including practices that are:

a. Effective in supporting each child's age and stage of development;

b. Appropriate for children with a wide range of individual differences in abilities, interests, and approaches to learning; and

c. Appropriate for the child's cultural background and experience.

  1. Understanding health and nutritional practices that impact early learning including:

a. Practices and procedures that support health status conducive to optimal development, such as health assessment, prevention of the spread of communicable disease, oral hygiene, reduction of environmental hazards, protection from toxic stress injury prevention, and emergency preparedness;

b. Indicators of possible child abuse or neglect and the appropriate response if such indicators are observed;

c. Nutritional and dietary practices that support healthy growth and development while remaining sensitive to each family's preferences, dietary restrictions, and culture;

d. Skills for communicating with families about health and dietary concerns;

e. Community resources that support child and family health and well-being; and

f. Practices that allow children to become independent and knowledgeable about healthy living.

  1. Understanding and application of formal and informal assessment procedures for documenting development and knowledge of how to use assessment to plan curriculum, including:

a. Age-appropriate and stage-appropriate methods for documenting, assessing, and interpreting development and learning;

b. Identifying and documenting children's interests, strengths, and challenges; and

c. Communicating with families to acquire and to share information relevant to assessment.

  1. Understanding effective strategies for (i) facilitating positive reciprocal relationships with children for teachers, families, and communities through mutual respect, communication strategies, collaborative linkages among families, and community resources and (ii) nurturing the capacity of family members to serve as advocates on behalf of children.

  2. Understanding strategies for planning, implementing, assessing, and modifying physical and psychological aspects of the learning environment to support language, physical, cognitive, and social, as well as emotional, well-being in children with a broad range of developmental levels, special needs, individual interests, and cultural backgrounds, including the ability to:

a. Utilize learning strategies that stimulate curiosity, promote thinking, and encourage participation in exploration and play;

b. Provide curriculum that facilitate learning goals in content areas of the Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds and provide opportunities to acquire concepts and skills that are precursors to academic content taught in elementary school;

c. Adapt tasks and interactions to maximize language development, conceptual understanding, and skill competences within each child's zone of proximal development;

d. Nurture children's development through firsthand experiences and opportunities to explore, examine, and investigate real materials in authentic context and engage in social interactions with peers and adults;

e. Select materials and equipment, arrange physical space, and plan schedules and routines to stimulate and facilitate development; and

f. Collaborate with families, colleagues, and members of the broader community to construct learning environments that promote a spirit of unity, respect, and service in the interest of the common good.

  1. Understanding strategies that create positive and nurturing relationships with each child based on respect, trust, and acceptance of individual differences in ability levels, temperament, and other characteristics, including the ability to:

a. Emphasize the importance of supportive verbal and nonverbal communication;

b. Establish classroom and behavior management practices that are respectful, meet children's emotional needs, clearly communicate expectations for appropriate behavior, promote self-regulation and pro-social behaviors, prevent or minimize behavioral problems through careful planning of the learning environment, teach conflict resolution strategies, and mitigate or redirect challenging behaviors; and

c. Build positive, collaborative relationships with children's families with regard to behavioral guidance.

  1. The program shall include a practicum that shall include a minimum of 45 instructional hours of successful teaching experience in a public or accredited nonpublic school with children from three years old to age five.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-110 Early/primary education preK-3

The program for early/primary education preK-3 shall ensure that the candidate has demonstrated the following competencies:

  1. Methods.

a. Understanding of the knowledge, skills, dispositions and processes to support learners in achievement of Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia Standards of Learning in English, mathematics, history and social science, science, and computer technology;

b. The ability to integrate English, mathematics, science, health, history and social sciences, art, music, drama, movement, and technology in learning experiences;

c. The use of differentiated instruction and flexible groupings to meet the needs of learners at different stages of development, approaches to learning abilities, and achievement;

d. The use of appropriate methods, including those in visual and performing arts, to help learners develop knowledge and basic skills, sustain intellectual curiosity, and problem-solve;

e. The ability to utilize effective classroom management skills through methods that build responsibility and self-discipline, promote self-regulation, and maintain a positive learning environment;

f. The ability to modify and manage learning environments and experiences to meet the individual needs of children, including children with disabilities, gifted children, children who are English learners, and children with diverse cultural needs;

g. The ability to use formal and informal assessments to diagnose needs, plan and modify instruction, and record student progress;

h. A commitment to professional growth and development through reflection, collaboration, and continuous learning;

i. The ability to analyze, evaluate, and apply quantitative and qualitative research;

j. The ability to use technology as a tool for teaching, learning, research, and communication; and

k. The ability to adapt tasks and interactions to maximize language development, conceptual understanding, and skill competence within each child's zone of proximal development.

  1. Knowledge and skills.

a. Reading and English. Understanding of the content, knowledge, skills, dispositions, and processes for teaching Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia Standards of Learning for English, including oral language (speaking and listening), reading, and writing, and how these standards provide the core for teaching English in grades preK-3 (early/primary licensure). Coursework must be grounded in evidence-based literacy instruction and science-based reading research.

(1) Assessment and diagnostic teaching. The individual shall:

(a) Be proficient in the use of both formal and informal assessments that are aligned with science-based reading research as screening, diagnostic, and progress monitoring measures for the component of reading: phonemic awareness, letter recognition, decoding, fluency, vocabulary, reading levels, and comprehension; and

(b) Be proficient in the ability to use diagnostic data to inform instruction for acceleration, intervention, remediation, and differentiation for foundational literacy skills.

(2) Oral communication. The individual shall:

(a) Be proficient in the knowledge, skills, and processes necessary for teaching oral language, such as speaking and listening;

(b) Be proficient in developing student phonological awareness skills;

(c) Demonstrate effective strategies for facilitating the learning of standard English by speakers of other languages and dialects;

(d) Demonstrate the ability to promote creative thinking and expression, such as through storytelling, drama, and choral and oral reading; and

(e) Demonstrate the ability to support student language development and how a student's oral language contributes to literacy development.

(3) Reading and literature. The individual shall demonstrate the following competencies:

(a) Be proficient in explicit phonemic awareness instruction, with an emphasis on phonemic blending and segmentation with print;

(b) Be proficient in explicit phonics instruction, including an understanding of sound and symbol relationships, syllables, phonemes, morphemes, word analysis, and decoding skills;

(c) Be proficient in strategies to increase vocabulary and support students in developing academic background knowledge;

(d) Be proficient in the structure of the English language, including an understanding of syntax and how sentence structure can impact reading comprehension;

(e) Be proficient in reading comprehension strategies for (i) literary and informational texts, including predicting, retelling, and summarizing, and (ii) guiding students to make connections beyond the text;

(f) Demonstrate the ability to develop comprehension skills in all content areas and build academic background knowledge;

(g) Demonstrate the ability to foster the appreciation of a variety of literature;

(h) Understand the importance of promoting independent reading by selecting literary and informational texts of appropriate yet engaging topics; and

(i) Demonstrate effective strategies for teaching students to view, interpret, analyze, and represent information and concepts in visual form with or without the spoken or written word.

(4) Writing. The individual shall:

(a) Be proficient in the knowledge, skills, and processes necessary for teaching writing, including handwriting, spelling, and composition skills (e.g., composing, written expression, usage, and mechanics and the writing process of planning, drafting, revising, editing, and publishing);

(b) Understand spelling development, promoting the generalization of spelling study to writing, and be proficient in systematic spelling instruction, including awareness of the purpose and limitations of "invented spelling";

(c) Understand how a student's spelling can give insight about the student's phonological, orthographical, and morphological knowledge of how words work; and

(d) Demonstrate the ability to teach students to write cohesively for a variety of purposes and to provide instruction on the writing process of planning, drafting, revising, editing, and publishing in the narrative, descriptive, persuasive, and explanative modes.

(5) Technology. The individual shall demonstrate the ability to guide students in their use of technology for both process and product as they work with reading and writing.

b. Mathematics.

(1) Understanding of the mathematics relevant to the content identified in Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia Standards of Learning and how the standards provide the foundation for teaching mathematics in grades preK-3. Experiences with practical applications and the use of appropriate technology and manipulatives should be used within the following content:

(a) Number systems and their structure, basic operations, and properties;

(b) Elementary number theory, ratio, proportion, and percent;

(c) Algebra: fundamental idea of equality; operations with monomials and polynomials; algebraic fractions; linear and quadratic equations and inequalities and linear systems of equations and inequalities; radicals and exponents; arithmetic and geometric sequences and series; algebraic and trigonometric functions; and transformations among graphical, tabular, and symbolic forms of functions;

(d) Geometry: geometric figures, their properties, relationships, and the Pythagorean Theorem; deductive and inductive reasoning; perimeter, area, and surface area of two-dimensional and three-dimensional figures; coordinate and transformational geometry; and constructions; and

(e) Probability and statistics: permutations and combinations; experimental and theoretical probability; prediction; data collection and graphical representations including box-and-whisker plots; and measures of center, spread of data, variability, range, and normal distribution.

(2) Understanding of the sequential nature of mathematics and vertical progression of mathematical standards.

(3) Understanding of the multiple representations of mathematical concepts and procedures.

(4) Understanding of and the ability to use the five processes, reasoning mathematically, solving problems, communicating mathematics effectively, making mathematical connections, and using mathematical models and representations, at different levels of complexity.

(5) Understanding of the contributions of different cultures toward the development of mathematics and the role of mathematics in culture and society.

(6) Understanding of the appropriate use of calculators and technology in the teaching and learning of mathematics, including virtual manipulatives.

(7) Understanding of and the ability to use strategies to teach mathematics to diverse learners.

c. History and social sciences.

(1) Understanding of the knowledge, skills, and processes of history and the social science disciplines as defined in Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia Standards of Learning and how the standards provide the necessary foundation for teaching history and social sciences, including in:

(a) History.

(i) The contributions of ancient civilizations to American social and political institutions;

(ii) Major events in Virginia history from 1607 to the present;

(iii) Key individuals, documents, and events in United States history; and

(iv) The evolution of America's constitutional republic and its ideas, institutions, and practices.

(b) Geography.

(i) The use of maps and other geographic representations, tools, and technologies to acquire, process, and report information;

(ii) The relationship between human activity and the physical environment in the community and the world; and

(iii) Physical processes that shape the surface of the earth.

(c) Civics.

(i) The privileges and responsibilities of good citizenship and the importance of the rule of law for the protection of individual rights;

(ii) The process of making laws in the United States and the fundamental ideals and principles of a republican form of government;

(iii) The understanding that Americans are a people of diverse ethnic origins, customs, and traditions who are united by the basic principles of a republican form of government and a common identity as Americans; and

(iv) Local government and civics instruction specific to Virginia.

(d) Economics.

(i) The basic economic principles that underlie the United States market economy;

(ii) The role of the individual and how economic decisions are made in the market place; and

(iii) The role of government in the structure of the United States economy.

(2) Understanding of the nature of history and the social sciences, and how the study of the disciplines assists students in developing historical thinking, geographical analysis, economic decision-making, and responsible citizenship by:

(a) Using artifacts and primary and secondary sources to understand events in history;

(b) Using geographic skills to explain the interaction of people, places, and events to support an understanding of events in history;

(c) Using charts, graphs, and pictures to determine characteristics of people, places, or events in history;

(d) Asking appropriate questions and summarizing points to answer a question;

(e) Comparing and contrasting people, places, and events in history;

(f) Recognizing direct cause and effect relationships in history;

(g) Explaining connections across time and place;

(h) Using a decision-making model to identify costs and benefits of a specific choice made;

(i) Practicing good citizenship skills and respect for rules and laws, and participating in classroom activities; and

(j) Developing fluency in content vocabulary and comprehension of verbal, written, and visual sources.

d. Science.

(1) Understanding of the knowledge, skills, and practices of the four core science disciplines of Earth sciences, biology, chemistry, and physics as defined in Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia Science Standards of Learning and how these standards provide a sound foundation for teaching science in the early/primary grades.

(2) Understanding of the nature of science and scientific inquiry, including the following:

(a) Function of research design and experimentation;

(b) Role and nature of the theory in explaining and predicting events and phenomena;

(c) Practices required to provide empirical answers to research questions, including data collection and analysis, modeling, argumentation with evidence, and constructing explanations;

(d) Reliability of scientific knowledge and its constant scrutiny and refinement;

(e) Self-checking mechanisms used by science to increase objectivity, including peer review; and

(f) Assumptions, influencing conditions, and limits of empirical knowledge.

(3) Understanding of the knowledge, skills, and practices for conducting an active elementary science program, including the ability to:

(a) Design instruction reflecting the goals of the Virginia Science Standards of Learning;

(b) Implement classroom, field, and laboratory safety rules and procedures, and ensure that students take appropriate safety precautions;

(c) Conduct research projects and experiments, including applications of the design process and technology;

(d) Conduct systematic field investigations using the school grounds, the community, and regional resources;

(e) Organize key science content, skills, and practices into meaningful units of instruction that actively engage students in learning;

(f) Design instruction to meet the needs of diverse learners using a variety of techniques;

(g) Evaluate instructional materials, technologies, and teaching practices;

(h) Conduct formative and summative assessments of student learning;

(i) Incorporate instructional technology to enhance student performance in science; and

(j) Ensure student competence in science.

(4) Understanding of the content, skills, and practices of the four core science areas, including Earth sciences, biology, chemistry, and physics supporting the teaching of preK-3 science as defined by the Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds and Virginia Science Standards of Learning and equivalent to academic course work in each of these four core science areas.

(5) Understanding of the core scientific disciplines of Earth science, biology, chemistry, and physics to ensure:

(a) The placement of the four core scientific disciplines in an appropriate interdisciplinary context;

(b) The ability to teach the processes and crosscutting concepts common to the Earth, biological, and physical sciences;

(c) The application of key science principles to solve practical problems; and

(d) A "systems" understanding of the natural world.

(6) Understanding of the contributions and significance of science, including:

(a) Its social, cultural, and economic significance;

(b) The relationship of science to mathematics, the design process, and technology; and

(c) The historical development of scientific concepts and scientific reasoning.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-543-120 Elementary education preK-6

The program in elementary education preK-6 may require that the candidate has completed an undergraduate major in interdisciplinary studies (focusing on the areas of English, mathematics, history and social sciences, and science) or in Virginia's core academic areas of English, mathematics, history and social sciences, such as history, government, geography, and economics, or science and demonstrated the following competencies:

  1. Methods.

a. Understanding of the needed knowledge, skills, dispositions, and processes to support learners in achievement of Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia Standards of Learning in English, mathematics, history and social science, science, and computer technology;

b. Understanding of current research on the brain, its role in learning, and implications for instruction;

c. The ability to integrate English, mathematics, science, health, history and social sciences, art, music, drama, movement, and technology in learning experiences;

d. The use of differentiated instruction and flexible groupings to meet the needs of learners at different stages of development, abilities, and achievement;

e. The use of appropriate methods, including those in visual and performing arts, to help learners develop knowledge and basic skills, sustain intellectual curiosity, and problem-solve;

f. The ability to utilize effective classroom and behavior management skills through methods that build responsibility and self-discipline, promote self-regulation, and maintain a positive learning environment;

g. The ability to modify and manage learning environments and experiences to meet the individual needs of children, including children with disabilities, gifted children, children who are English learners, and children with diverse cultural needs;

h. The ability to use formal and informal assessments to diagnose needs, plan and modify instruction, and record student progress;

i. A commitment to professional growth and development through reflection, collaboration, and continuous learning;

j. The ability to analyze, evaluate, and apply quantitative and qualitative research; and

k. Understanding of the Virginia Standards of Learning for Computer Technology and the ability to use technology as a tool for teaching, learning, research, and communication; and

l. The ability to adapt tasks and interactions to maximize language development, conceptual understanding, and skill competence within each child's zone of proximal development.

  1. Knowledge and skills.

a. Reading and English. Understanding of the content, knowledge, skills, and processes for teaching Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia Standards of Learning for English, including communication (speaking, listening, and media literacy), reading, writing, and research and how these standards provide the core for teaching English in grades preK-6 or elementary licensure. Coursework must be grounded in evidenced-based literary instruction and science-based reading research.

(1) Assessment and diagnostic teaching. The individual shall:

(a) Be proficient in the use of both formal and informal assessments that are aligned with science-based reading research as screening, diagnostic, and progress monitoring measures for the components of reading: phonemic awareness, letter recognition, decoding, fluency, vocabulary, and comprehension; and

(b) Be proficient in the ability to use diagnostic data to inform instruction for acceleration, intervention, remediation, and differentiation for both foundational literacy skills and reading comprehension.

(2) Communication: speaking, listening, and media literacy. The individual shall:

(a) Be proficient in the knowledge, skills, and processes necessary for teaching communication, such as speaking, listening, and media literacy;

(b) Be proficient in developing student phonological awareness skills;

(c) Demonstrate the ability to teach students to identify the characteristics of and apply critical thinking to media messages and to facilitate student proficiency in using various forms of media to collaborate and communicate;

(d) Demonstrate effective strategies for facilitating the learning of standard English by speakers of other languages and dialects;

(e) Demonstrate the ability to promote creative thinking and expression, such as through storytelling, drama, choral and oral reading; and

(f) Demonstrate the ability to support student language development and how the student's oral language contributes to literacy development.

(3) Reading and literature. The individual shall:

(a) Be proficient in explicit phonemic awareness instruction, with an emphasis on phonemic blending and segmentation with print;

(b) Be proficient in explicit and systematic phonics instruction, including an understanding of sound and symbol relationships, syllables, phonemes, morphemes, word analysis, and decoding skills;

(c) Be proficient in strategies to increase vocabulary and to support students in developing academic background knowledge;

(d) Be proficient in the structure of the English language, including an understanding of syntax, semantics, and how sentence structure can affect reading comprehension;

(e) Be proficient in reading comprehension strategies for both literary and informational texts, including questioning, predicting, inferencing, summarizing, clarifying, evaluating, and making connections;

(f) Demonstrate the ability to support students to read with fluency, accuracy, and meaningful expression (prosody) and understand how fluency supports a student's reading comprehension;

(g) Demonstrate the ability to develop comprehension skills in all content areas and build academic background knowledge;

(h) Understand the importance of promoting independent reading by selecting literary and informational texts of appropriate yet engaging topics to foster appreciation of a variety of literature;

(i) Demonstrate the ability to scaffold and support all students in reading and comprehending complex, grade-level texts using Virginia's Approach to Text Complexity found in the English Standards of Learning; and

(j) Demonstrate effective strategies for teaching students to view, interpret, analyze, and represent information and concepts in visual form with or without the spoken or written word.

(4) Writing. The individual shall:

(a) Be proficient in the knowledge, skills, and processes necessary for teaching writing, including handwriting, spelling, and composition skills (e.g., written expression, usage, and mechanics and the writing process of planning, drafting, revising, editing, and publishing);

(b) Understand the stages of spelling development, promoting the generalization of spelling study to writing, and be proficient in systematic spelling instruction, including awareness of the purpose and limitations of "invented spelling";

(c) Understand how a student's spelling can give insight about the student's phonological, orthographical, and morphological knowledge of how words work;

(d) Demonstrate the ability to teach students to write cohesively for a variety of purposes and to provide instruction on the writing process: planning, drafting, revising, editing, and publishing in the narrative, descriptive, persuasive, and explanative modes; and

(e) Demonstrate the ability to facilitate student research and related skills such as accessing information, evaluating the validity of sources, citing sources, and synthesizing information.

(5) Technology. The individual shall demonstrate the ability to guide students in their use of technology for both process and product as they work with reading, writing, and research.

b. Mathematics.

(1) Understanding of the mathematics relevant to the content identified in Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia Standards of Learning and how the standards provide the foundation for teaching mathematics in grades preK-6. Experiences with practical applications and the use of appropriate technology and concrete materials should be used within the following content:

(a) Number systems and their structure, basic operations, and properties;

(b) Elementary number theory, ratio, proportion, and percent;

(c) Algebra: fundamental idea of equality; operations with monomials and polynomials; algebraic fractions; linear and quadratic equations and inequalities and linear systems of equations and inequalities; radicals and exponents; arithmetic and geometric sequences and series; algebraic and trigonometric functions; and transformations among graphical, tabular, and symbolic forms of functions;

(d) Geometry: geometric figures, their properties, relationships, and the Pythagorean Theorem; deductive and inductive reasoning; perimeter, area, and surface area of two-dimensional and three-dimensional figures; coordinate and transformational geometry; and constructions; and

(e) Probability and statistics: permutations and combinations; experimental and theoretical probability; data collection and graphical representations including box-and-whisker plots; data analysis and interpretation for predictions; measures of center, spread of data, variability, range, and normal distribution.

(2) Understanding of the sequential nature of mathematics and vertical progression of mathematical standards.

(3) Understanding of the multiple representations of mathematical concepts and procedures.

(4) Understanding of and the ability to use the five processes, reasoning mathematically, solving problems, communicating mathematics effectively, making mathematical connections, and using mathematical models and representations, at different levels of complexity.

(5) Understanding of the contributions of different cultures toward the development of mathematics and the role of mathematics in culture and society.

(6) Understanding of the appropriate use of calculators and technology in the teaching and learning of mathematics, including virtual manipulatives.

(7) Understanding of and the ability to use strategies to teach mathematics to diverse learners.

c. History and social sciences.

(1) Understanding of the knowledge, skills, and processes of history and the social sciences disciplines as defined in Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia Standards of Learning and how the standards provide the necessary foundation for teaching history and social sciences, including in:

(a) History.

(i) The contributions of ancient civilizations to modern social and political institutions;

(ii) Major events in Virginia history from 1607 to the present;

(iii) Key individuals, documents, and events in United States history; and

(iv) The evolution of America's constitutional republic and its ideas, institutions, and practices.

(b) Geography.

(i) The use of maps and other geographic representations, tools, and technologies to acquire, process, and report information;

(ii) The relationship between human activity and the physical environment in the community and the world; and

(iii) Physical processes that shape the surface of the earth.

(c) Civics.

(i) The privileges and responsibilities of good citizenship and the importance of the rule of law for the protection of individual rights;

(ii) The process of making laws in the United States and the fundamental ideals and principles of a republican form of government;

(iii) The understanding that Americans are a people of diverse ethnic origins, customs, and traditions who are united by basic principles of a republican form of government and a common identity as Americans; and

(iv) Local government and civics instruction specific to Virginia.

(d) Economics.

(i) The basic economic principles that underlie the U.S. market economy;

(ii) The role of the individual and how economic decisions are made in the market place; and

(iii) The role of government in the structure of the U.S. economy.

(2) Understanding of the nature of history and social sciences and how the study of the disciplines assists students in developing historical thinking, geographical analysis, economic decision-making, and responsible citizenship by:

(a) Using artifacts and primary and secondary sources to understand events in history;

(b) Using geographic skills to explain the interaction of people, places, and events to support an understanding of events in history;

(c) Using charts, graphs, and pictures to determine characteristics of people, places, and events in history;

(d) Asking appropriate questions and summarizing points to answer a question;

(e) Comparing and contrasting people, places, and events in history;

(f) Recognizing direct cause and effect relationships in history;

(g) Explaining connections across time and place;

(h) Using a decision-making model to identify costs and benefits of a specific choice made;

(i) Practicing good citizenship skills and respect for rules and laws, and participating in classroom activities; and

(j) Developing fluency in content vocabulary and comprehension of verbal, written, and visual sources.

d. Science.

(1) Understanding of the knowledge, skills, and practices of the four core science disciplines of Earth science, biology, chemistry, and physics as defined in Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia Science Standards of Learning and how these standards provide a sound foundation for teaching science in the elementary grades.

(2) Understanding of the nature of science and scientific inquiry, including the following:

(a) Function of research design and experimentation;

(b) Role and nature of the theory in explaining and predicting events and phenomena;

(c) Practices required to provide empirical answers to research questions, including data collection and analysis, modeling, argumentation with evidence, and constructing explanations;

(d) Reliability of scientific knowledge and its constant scrutiny and refinement;

(e) Self-checking mechanisms used by science to increase objectivity, including peer review; and

(f) Assumptions, influencing conditions, and limits of empirical knowledge.

(3) Understanding of the knowledge, skills, and practices for conducting an active elementary science program including the ability to:

(a) Design instruction reflecting the goals of the Virginia Science Standards of Learning;

(b) Implement classroom, field, and laboratory safety rules and procedures and ensure that students take appropriate safety precautions;

(c) Conduct research projects and experiments, including applications of the design process and technology;

(d) Conduct systematic field investigations using the school grounds, the community, and regional resources;

(e) Organize key science content, skills, and practices into meaningful units of instruction that actively engage students in learning;

(f) Design instruction to meet the needs of diverse learners using a variety of techniques;

(g) Evaluate instructional materials, technologies, and teaching practices;

(h) Conduct formative and summative assessments of student learning;

(i) Incorporate instructional technology to enhance student performance in science; and

(j) Ensure student competence in science.

(4) Understanding of the content, skills, and practices of the four core science areas, including Earth sciences, biology, chemistry, and physics, supporting the teaching of preK-6 science as defined by the Virginia Science Standards of Learning and equivalent course work reflecting each of the four core science areas.

(5) Understanding of the core scientific disciplines of Earth science, biology, chemistry, and physics to ensure:

(a) The placement of the four core scientific disciplines in an appropriate interdisciplinary context;

(b) The ability to teach the skills, practices, and crosscutting concepts common to the natural and physical sciences;

(c) The application of key science principles to solve practical problems; and

(d) A "systems" understanding of the natural world.

(6) Understanding of the contributions and significance of science, including:

(a) The social, cultural, and economic significance of science;

(b) The relationship of science to mathematics, the design process, and technology; and

(c) The historical development of scientific concepts and scientific reasoning.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-543-130 Middle education 6-8

The program in middle education 6-8 with at least one area of academic preparation shall ensure that the candidate has demonstrated the following competencies:

  1. Methods.

a. Understanding of the required knowledge, skills, and processes to support learners in achievement of the Virginia Standards of Learning for grades 6-8;

b. The use of appropriate methods, including direct instruction and inquiry-based instructional methods, to help learners develop knowledge and skills, sustain intellectual curiosity, and solve problems;

c. The ability to plan and teach collaboratively to facilitate interdisciplinary learning;

d. The use of differentiated instruction and flexible groupings to meet the needs of preadolescents at different stages of development, abilities, and achievement;

e. The ability to utilize effective classroom and behavior management skills through methods that build responsibility and self-discipline and maintain a positive learning environment;

f. The ability to modify and manage learning environments and experiences to meet the individual needs of preadolescents, including children with disabilities, gifted children, and children who are English learners;

g. The ability to use formal and informal assessments to diagnose needs, plan and modify instruction, and record student progress;

h. A commitment to professional growth and development through reflection, collaboration, and continuous learning;

i. The ability to analyze, evaluate, apply, and conduct quantitative and qualitative research;

j. The ability to use technology as a tool for teaching, learning, research, and communication;

k. An understanding of how to apply a variety of school organizational structures, schedules, groupings, and classroom formats appropriately for middle level learners;

l. Skill in promoting the development of all students' abilities for academic achievement and continued learning; and

m. The ability to use reading in the content area strategies appropriate to text and student needs.

  1. English.

a. Reading and English. Understanding of the content, knowledge, skills, and processes for teaching the Virginia Standards of Learning for English, including communication (i.e., speaking, listening, and media literacy), reading, writing, and research and how these standards provide the core for teaching English in middle grades licensure. Coursework must be grounded in evidence-based literacy instruction and science-based reading research.

b. Be proficient in the use of both formal and informal assessments that are aligned with science-based reading research,

c. Be proficient in the knowledge, skills, and processes necessary for teaching writing, including the domains of composing and written expression, usage and mechanics, and the writing process of planning, drafting, revising, editing, and publishing;

d. Possession of the skills necessary to teach the writing process, to differentiate among the forms of writing (narrative, descriptive, informational, and persuasive), and to use computers and other available technology;

e. Understanding of and knowledge in grammar, usage, and mechanics and its integration in writing;

f. Understanding of the nature and development of language and its impact on vocabulary development and spelling;

g. Be proficient in strategies to increase vocabulary and support students developing academic background knowledge;

h. Be proficient in strategies to support student spelling using orthographical and morphological knowledge of words.

i. Understanding of and knowledge in techniques and strategies to enhance reading comprehension and fluency;

j. Understanding of and knowledge in the instruction of speaking, listening, collaboration, and media literacy;

k. Knowledge of varied works from current and classic young adult literature appropriate for English instruction of fiction, nonfiction, and poetry; and

l. Skills necessary to teach research techniques, including evaluating, organizing, crediting, and synthesizing information.

  1. History and social sciences.

a. Understanding of the knowledge, skills, and processes of history and the social science disciplines as defined by the Virginia History and Social Sciences Standards of Learning and how the standards provide the foundation for teaching history and social sciences, including in:

(1) United States history.

(a) The evolution of the American constitutional republic and its ideas, institutions, and practices from the colonial period to the present; the American Revolution, including ideas and principles preserved in significant Virginia and United States historical documents as required by § 22.1-201 of the Code of Virginia (the Declaration of American Independence; the general principles of the Constitution of the United States; the Virginia Statute of Religious Freedom; the charters of The Virginia Company of April 10, 1606, May 23, 1609, and March 12, 1612; and the Virginia Declaration of Rights); and historical challenges to the American political system, including slavery, the Civil War, emancipation, and civil rights;

(b) The influence of religious traditions on the American heritage and on contemporary American society;

(c) The changing role of America around the world; the relationship between domestic affairs and foreign policy; and the global political and economic interactions;

(d) The influence of immigration on American political, social, and economic life;

(e) Origins, effects, aftermath, and significance of the two world wars, the Korean and Vietnam conflicts, and the post-Cold War era;

(f) Social, political, and economic transformations in American life during the 20th century; and

(g) Tensions between liberty and equality, liberty and order, region and nation, individualism and the common welfare, and cultural diversity and civic unity.

(2) World history.

(a) The political, philosophical, and cultural legacies of ancient, American, Asian, African, and European civilizations;

(b) Origins, ideas, and institutions of Judaism, Christianity, Hinduism, Confucianism and Taoism, and Shinto, Buddhist, and Islamic religious traditions;

(c) Medieval society and institutions, relations with Islam, feudalism, and the evolution of representative government;

(d) The social, political, and economic contributions of selected civilizations in Africa, Asia, Europe, and the Americas;

(e) The culture and ideas of the Renaissance and the Reformation, European exploration, and the origins of capitalism and colonization;

(f) The cultural ideas of the Enlightenment and the intellectual revolution of the 17th and 18th centuries;

(g) The sources, results, and influence of the American and French revolutions;

(h) The social consequences of the Industrial Revolution and its impact on politics and culture;

(i) The global influence of European ideologies of the 19th and 20th centuries; and

(j) The origins, effects, aftermath, and significance of the two world wars.

(3) Civics and economics.

(a) Essential characteristics of limited and unlimited governments;

(b) Importance of the rule of law for the protection of individual rights and the common good;

(c) Rights and responsibilities of American citizenship;

(d) Nature and purposes of constitutions and alternative ways of organizing constitutional governments;

(e) American political culture;

(f) Values and principles of the American constitutional republic;

(g) Structures, functions, and powers of local and state government;

(h) Importance of citizen participation in the political process in local and state government;

(i) Local government and civic instruction specific to Virginia;

(j) Structures, functions, and powers of the national government; and

(k) The structure and function of the United States market economy as compared with other economies.

b. Understanding of the nature of history and social sciences and how the study of these disciplines helps students go beyond critical thinking skills to help them appreciate:

(1) The significance of the past to their lives and to society;

(2) Diverse cultures and shared humanity;

(3) How things happen, how they change, and how human intervention matters;

(4) The interplay of change and continuity;

(5) Historical cause and effect;

(6) The importance of individuals who have made a difference in history and the significance of personal character to the future of society;

(7) The relationship among history, geography, civics, and economics; and

(8) The difference between fact and conjecture, evidence and assertion, and the importance of framing useful questions.

  1. Mathematics.

a. Understanding of the knowledge and skills necessary to teach the Virginia Mathematics Standards of Learning and how curriculum may be organized to teach these standards to diverse learners;

b. Understanding of a core knowledge base of concepts and procedures within the discipline of mathematics, including the following strands: number and number sense; computation and estimation; geometry and measurement; statistics and probability; and patterns, functions, and algebra;

c. Understanding of the mathematics relevant to the content identified in the Virginia Standards of Learning and how the standards provide the foundation for teaching mathematics in the middle grades. Experiences with practical applications and the use of appropriate technology and manipulatives should be used within the following content:

(1) Number systems and their structure, basic operations, and properties;

(2) Elementary number theory, ratio, proportion, and percent;

(3) Algebra: fundamental idea of equality; operations with monomials and polynomials; algebraic fractions; linear and quadratic equations and inequalities and linear systems of equations and inequalities; radicals and exponents; arithmetic and geometric sequences and series; algebraic and trigonometric functions; and transformations among graphical, tabular, and symbolic forms of functions;

(4) Geometry: geometric figures, their properties, relationships, and the Pythagorean Theorem; deductive and inductive reasoning; perimeter, area, and surface area of two-dimensional and three-dimensional figures; coordinate and transformational geometry; and constructions;

(5) Probability and statistics: permutations and combinations; experimental and theoretical probability; data collection and graphical representations, including box-and-whisker plots; data analysis and interpretation for predictions; measures of center; spread of data, variability, range, standard deviation, and normal distributions.

d. Understanding of the sequential nature of mathematics, the vertical progression of mathematical standards, and the mathematical structures inherent in the content strands;

e. Understanding of and the ability to use the five processes - becoming mathematical problem solvers, reasoning mathematically, communicating mathematically, making mathematical connections, and representing, modeling and describing mathematical ideas, generalizations, and relationships using a variety of methods at different levels of complexity;

f. Understanding of the contributions of various individuals and cultures toward the development of mathematics and the role of mathematics in culture and society;

g. Understanding of the major current curriculum studies and trends in mathematics;

h. Understanding of the appropriate use of calculators and technology and the ability to use graphing utilities in the teaching and learning of mathematics, including virtual manipulatives;

i. Understanding of and the ability to select, adapt, evaluate, and use instructional materials and resources, including professional journals and technology;

j. Understanding of and the ability to use strategies for managing, assessing, and monitoring student learning, including diagnosing student errors; and

k. Understanding of and the ability to use strategies to teach mathematics to diverse adolescent learners.

  1. Science.

a. Understanding of the knowledge, skills, and practices of the four core science disciplines of Earth science, biology, chemistry, and physics as defined in the Virginia Science Standards of Learning and how these provide a sound foundation for teaching science in the middle grades.

b. Understanding of the nature of science and scientific inquiry, including:

(1) Function of research design and experimentation;

(2) Role and nature of the theory in explaining and predicting events and phenomena; and

(3) Practices required to provide empirical answers to research questions, including data collection and analysis, modeling, argumentation with evidence, and constructing explanations;

(4) Reliability of scientific knowledge and its constant scrutiny and refinement;

(5) Self-checking mechanisms used by science to increase objectivity, including peer review; and

(6) Assumptions, influencing conditions, and limits of empirical knowledge.

c. Understanding of the knowledge, skills, and practices for an active middle school science program, including the ability to:

(1) Design instruction reflecting the goals of the Virginia Science Standards of Learning;

(2) Implement classroom, field, and laboratory safety rules and procedures and ensure that students take appropriate safety precautions;

(3) Conduct research projects and experiments, including applications of the design process and technology;

(4) Conduct systematic field investigations using the school grounds, the community, and regional resources;

(5) Organize key science content, skills, and practices into meaningful units of instruction that actively engage students in learning;

(6) Adapt instruction to diverse learners using a variety of techniques;

(7) Evaluate instructional materials, technologies, and teaching practices;

(8) Conduct formative and summative assessments of student learning;

(9) Incorporate instructional technology to enhance student performance; and

(10) Ensure student competence in middle school science.

d. Understanding of the content, processes, and skills of the four core areas of science, including Earth sciences, biology, chemistry, and physics supporting the teaching of middle school science as defined by the Virginia Science Standards of Learning and equivalent to academic course work in each of these four core science areas.

e. Understanding of the core scientific disciplines of Earth science, biology, chemistry, and physics to ensure:

(1) The placement of science in an appropriate interdisciplinary context;

(2) The ability to teach the skills, practices, and crosscutting concepts common to the natural and physical sciences;

(3) The application of key principles in science to solve practical problems; and

(4) A "systems" understanding of the natural world.

f. Understanding of the contributions and significance of science to include:

(1) The social, cultural, and economic significance of science;

(2) The relationship of science to mathematics, the design process, and technology; and

(3) The historical development of scientific concepts and scientific reasoning.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 42, Issue 3, eff. November 6, 2025.

Article 3 PreK-12 Endorsements, Special Education, Secondary Grades 6-12 Endorsements, and Adult Education

8VAC20-543-140 Professional studies requirements for preK-12 endorsements, special education, secondary grades 6-12 endorsements, and adult education

Professional studies requirements for preK-12 endorsements, special education, secondary grades 6-12 endorsements, and adult education:

  1. Human development and learning (birth through adolescence).

a. Skills in this area shall contribute to an understanding of the physical, social, emotional, speech and language, and intellectual development of children and the ability to use this understanding in guiding learning experiences and relating meaningfully to students.

b. The interaction of children with individual differences, including economic, social, racial, ethnic, religious, physical, and cognitive differences, should be incorporated to include skills contributing to an understanding of developmental disabilities and developmental issues related, but not limited to, low socioeconomic status; attention deficit disorders; developmental disabilities; gifted education including the use of multiple criteria to identify gifted students; substance abuse; trauma, including child abuse, and neglect, and other adverse childhood experiences; and family disruptions.

  1. Curriculum and instruction.

a. Skills in this area shall contribute to an understanding of the principles of learning; the application of skills in discipline-specific methodology; varied and effective methods of communication with and among students; selection and use of materials, including media and contemporary technologies; selection, development, and use of appropriate curricula, methodologies, and materials that support and enhance student learning and reflect the research on unique, age-appropriate, and culturally relevant curriculum and pedagogy.

b. Understanding of the principles of online learning and online instructional strategies and the application of skills to deliver online instruction shall be included.

c. 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 level of endorsement sought shall be included.

d. Teaching methods shall be tailored to promote student academic progress and effective preparation for the Virginia Standards of Learning assessments.

e. Methods of improving communication between schools and families and ways of increasing family engagement in student learning at home and in school and the Virginia Standards of Learning shall be included.

f. Demonstrated proficiency in the use of educational technology for instruction shall be included.

g. Study in child abuse recognition and intervention in accordance with curriculum guidelines developed by the State 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 must be included.

h. Curriculum and instruction for secondary grades 6-12 endorsements shall include middle and secondary education.

i. Pre-student teaching experiences or field experiences should be evident within these skills. For preK-12, field experiences shall be at the elementary, middle, and secondary levels.

  1. Assessment of and for learning.

a. Skills in this area shall be designed to develop an understanding and application of creating, selecting, and implementing valid and reliable classroom-based assessments of student learning, including formative and summative assessments. Assessments designed and adapted to meet the needs of diverse learners 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 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 assessments.

  1. Foundations of education and the teaching profession.

a. Skills in this area shall be designed to develop an understanding of the historical, philosophical, and sociological foundations underlying the role, development, and organization of public education in the United States.

b. Attention 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 must be addressed.

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

  1. Classroom and behavior management.

a. Skills in this area shall contribute to an understanding of and application of research-based classroom and behavior management techniques, classroom community building, positive behavior supports, and individual interventions, including techniques that promote emotional well-being and teach and maintain behavioral conduct and skills consistent with norms, standards, and rules of the educational environment.

b. This area shall address diverse approaches based upon culturally responsive behavioral, cognitive, affective, social, and ecological theory and practice.

c. Approaches should support professionally appropriate practices that promote positive redirection of behavior, development of social skills, and self-discipline.

d. Knowledge and an understanding of various school crisis management and safety plans and the ability to create a safe, orderly classroom environment must be included. The link between classroom management and student age must be understood and demonstrated in techniques used in the classroom.

  1. Language and literacy.

a. Adult education, preK-12, and secondary grades 6-12 literacy in the content areas. Skills in this area shall be designed to impart an understanding of vocabulary development and comprehension skills in English, mathematics, science, history and social sciences, and other content areas. Strategies include teaching students how to ask effective questions, summarize and retell both verbally and in writing, and listen effectively. Teaching strategies include literal, interpretive, critical, and evaluative comprehension, as well as the ability to foster appreciation of a variety of literary and informational texts and independent reading for adolescent learners. Skills listed for these endorsement areas must include science-based reading research and evidence-based literary instruction. As required by the Virginia Literacy Act, students must demonstrate mastery of understanding science-based reading research and evidence-based literacy instruction.

b. Special education - language acquisition and reading and writing. Skills listed for these endorsement areas represent the minimum competencies that a beginning teacher must be able to demonstrate. These skills are not intended to limit the scope of a beginning teacher's program. Additional knowledge and skills that add to a beginning teacher's competencies to deliver instruction and improve student achievement should be included as part of a quality learning experience.

(1) Language acquisition. Skills in this area shall be designed to impart a thorough understanding of the Virginia English Standards of Learning, as well as the complex nature of language acquisition as a precursor to literacy. Language acquisition shall follow the typical development of linguistic competence in the areas of phonetics, semantics, syntax, morphology, phonology, and pragmatics.

(2) Reading and writing. Skills in this area shall be designed to impart a thorough understanding of the Virginia English Standards of Learning, as well as the reciprocal nature of reading and writing. Reading shall include phonemic and other phonological awareness, concept of print, phonics, fluency, vocabulary development, and comprehension strategies. Writing shall include writing strategies and conventions as supporting the composing and written expression and usage and mechanics domains. Additional skills shall include proficiency in understanding the stages of spelling development and the writing process and the ability to foster appreciation of a variety of literary and information texts and independent reading.

  1. Supervised clinical experiences. The supervised clinical experiences shall be continuous and systematic and comprised of early field experiences with a minimum of 10 weeks of successful full-time student teaching under the supervision of a cooperating teacher with demonstrated effectiveness in the classroom. The summative supervised student teaching experience shall be in the endorsed area sought and under the supervision of a cooperating teacher with demonstrated effectiveness in the classroom. The summative supervised student teaching experience shall include at least 150 clock hours spent in direct teaching at the level of endorsement in a public or accredited nonpublic school.

If a preK-12 endorsement is sought, teaching activities shall be at the elementary and middle or secondary levels. Individuals seeking the endorsement in library media shall complete the supervised school library media practicum in a school library media setting. Individuals seeking an endorsement in an area of special education shall complete the supervised student teaching experience requirement in the area of special education for which the endorsement is sought. One year of successful full-time teaching experience in the endorsement area in any public school or accredited nonpublic school may be accepted in lieu of the supervised student teaching experience. A fully licensed, experienced teacher shall be available in the school building to assist a beginning teacher employed through the alternate route.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-543-150 Adult education

The program in adult education shall ensure that the candidate has demonstrated the following competencies:

  1. Foundations of adult education;

  2. Understanding of the nature or psychology of the adult learner or adult development;

  3. 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:

a. Curriculum development in adult basic education or high school equivalency instruction;

b. Literacy skills for adults;

c. Numeracy skills for adults; and

d. Workforce skills for adults.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing;

  2. Understanding of and proficiency in andragogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes; and

  3. One semester of supervised successful full-time, or an equivalent number of hours of part-time, experience teaching adults.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-160 Adult English as a second language (add-on endorsement)

The program in adult English as a second language shall ensure that the candidate holds an active license with a teaching endorsement or endorsements issued by the Virginia Board of Education and has demonstrated the following competencies:

  1. Knowledge in the growth and development of the adult learner;

  2. Knowledge in methods and materials in the teaching of English to adult speakers of other languages;

  3. Skills in the teaching of reading and writing to include (i) the five areas of reading instruction: phonemic awareness, phonics, fluency, vocabulary, and text comprehension; (ii) similarities and differences between reading in a first language and reading in a second language; and (iii) a balanced literacy approach;

  4. Knowledge in adult second language acquisition;

  5. Knowledge of assessment methods in instruction of English to adult speakers of other languages;

  6. Skills in teaching the adult learner;

  7. Understanding of the effects of sociocultural variables in the instructional setting;

  8. Skills in teaching a variety of adult learning styles;

  9. Proficiency in cross-cultural communication;

  10. Proficiency in speaking, listening, and reading;

  11. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing; and

  12. Understanding of and proficiency in andragogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-170 Career and technical education – agricultural education

The program in agricultural education shall ensure that the candidate has demonstrated the following competencies:

  1. Understanding of the importance and relationship of and contribution to the agricultural industry to the community, state, nation, and global economy including:

a. Knowledge of the fundamental historical foundation of the state and national agricultural industry;

b. Knowledge of contemporary components of the United States food and fiber system; and

c. Knowledge of the career opportunities in agriculture and related fields.

  1. Applying the knowledge, skills, and processes involved in plant and soil sciences, including:

a. Production, use, and marketing of row crops, specialty crops, forage crops, fruits, small grains, vegetables, and cereal crops; and

b. Soil and water management.

  1. Applying the knowledge, skills, and processes involved in the production, management, and marketing of animals, including:

a. Production of cattle, swine, poultry, dairy cows, sheep, aquaculture species, goats, and horses; and

b. Care and management of horses and small companion animals.

  1. Applying knowledge, skills, and processes involved in agricultural mechanics and technology, including:

a. Set up safe operation, repair, and maintenance of equipment, tools, and measuring devices used in agriculture;

b. Knowledge of energy transfer systems used in agriculture;

c. Knowledge of properties of metals used in tools and equipment; and

d. Knowledge of alternative energy sources, fuels, and lubricants from agricultural and natural resources.

  1. Understanding of agricultural economics, including the various markets, international trade, government policies, and the operation and management of various agricultural businesses.

  2. Applying the knowledge, skills, and processes involved in natural resources, including:

a. Care, management, and conservation of soil, air, water, energy, and wildlife; and

b. Production and management of the forest.

  1. Understanding the relationship of agriculture to community resource and partnership development, including:

a. Local agricultural program advisory committees;

b. Adult education programs;

c. Agricultural enterprises;

d. Student work-based learning opportunities;

e. Public and private programs and resources; and

f. Civic organizations.

  1. Implementing classroom management techniques and pedagogical knowledge necessary to:

a. Understand the biological, physical, chemical, and applied sciences to practical solutions of agricultural problems;

b. Teach agricultural competencies needed by secondary students to be successful in continuing their education and entering a related career pathway;

c. Develop effective leadership skills through the Future Farmers of America (FFA) student organization as an integral part of instruction; and

d. Apply knowledge and skills for the administration of the agricultural program, including managing budgets, maintaining student performance records and equipment inventories.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  2. 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.

  3. Understanding of and proficiency in the use of instructional technologies.

  4. Demonstrating and integrating workplace readiness skills in the classroom and real-world activities.

  5. Ability to plan, deliver, and manage work-based learning methods of instruction such as internship, job shadowing, cooperative education, mentorship, service learning, clinical, and youth apprenticeship.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-180 Career and technical education – business and information technology

The program in business and information technology shall ensure that the candidate has demonstrated the following competencies:

  1. Knowledge, skills, and principles of manual and automated accounting, including:

a. Accounting concepts, terminology, and applications;

b. Accounting systems;

c. The basic accounting cycle of source documents, verifications, analyzing, recording, posting, trial balances, and preparing financial statements; and

d. Use of accounting computer software to automate accounting tasks.

  1. Knowledge and skills in economics, including:

a. Basic economic concepts and structures;

b. The role of producers and consumers in a market economy;

c. The price system;

d. The many factors that may affect income;

e. The nation's economic goals, including full employment, stable prices, and economic growth;

f. The nation's finance system;

g. How monetary and fiscal policy influence employment, output, and prices;

h. The role of government in a market economy;

i. The global economy; and

j. Distinguishing between trade deficit and trade surplus.

  1. Knowledge of the foundations of business selected from the following areas:

a. Business law.

(1) Ability to recognize the legal requirements affecting business organization; and

(2) Ability to apply legal principles to business situations.

b. Business principles.

(1) Ability to identify, explain, and apply contemporary business principles;

(2) Ability to identify and explain the advantages and disadvantages of various business organizational structures; and

(3) Knowledge of the foundations of international business, the global business environment, international business communications, and global business ethics.

c. Management. Understanding and analyzing of basic management functions, tools, theories, and leadership styles to explore and solve problems in business organizations, economics, international business, and human relations issues.

d. Marketing and entrepreneurship.

(1) Understanding of basic marketing concepts in sales techniques, advertising, display, buying, wholesale and retail, distribution, service occupations, market analysis, warehousing, and inventory control; and

(2) Understanding of the unique characteristics of an entrepreneur and the knowledge and skills necessary for an entrepreneurial venture.

e. Finance.

(1) Knowledge about and skills in the areas of managing personal finance and budgeting, saving and investing, buying goods and services, banking and financial institutions, and earning and reporting income needed for sound financial decision making; and

(2) Understanding of the basic concepts of economics, insurance, credit, consumer skills, and other related topics.

  1. Knowledge and skills in all of the following communications and information technologies:

a. Communications.

(1) Ability to communicate in a clear, courteous, concise, and correct manner for personal and professional purposes through the foundations of listening, writing, reading, speaking, nonverbal cues, and following written and oral directions;

(2) Ability to use information systems and technology to expedite and enhance the effectiveness of communications and telecommunications; and

(3) Ability to gather, evaluate, use, and cite information from information technology sources.

b. Impact of technology on society and the individual or digital citizenship. Knowledge to assess the impact of information technology on society.

c. Computer architecture. Ability to describe current and emerging computer architecture; configure, install, and upgrade hardware; and diagnose and repair hardware problems.

d. Operating systems, environments, and utilities. Ability to identify, evaluate, select, install, use, upgrade, customize, and diagnose and solve problems with various types of operating systems, environments, and utilities.

e. Application software, such as word processing; database; spreadsheet; graphics; web design; desktop, presentation, multimedia, and imaging; and emerging technologies.

(1) Ability to identify, evaluate, select, install, use, upgrade, and customize application software; and

(2) Ability to diagnose and solve problems resulting from an application software's installation and use.

f. Input technologies. Ability to use input devices and technologies, such as touch keyboarding, speech recognition, handwriting recognition, hand-held devices, touch screen or mouse, scanning, and other emerging input technologies to enter, manipulate, and format text and data.

g. Database management systems. Ability to use, plan, develop, and maintain database management systems. Ability to diagnose and solve problems using database management systems.

h. Programming and application development. Ability to help students design, develop, test, and implement multi-platform, such as mobile, different operating systems programs that solve business problems.

i. Networking and communications infrastructures.

(1) Facilitate students' development in the skills to design, deploy, and administer networks and communications systems;

(2) Facilitate students' ability to use, evaluate, and deploy communications and networking applications; and

(3) Facilitate students' ability to analyze networks for security vulnerabilities and develop and deploy appropriate security plans and applications.

j. Information management.

(1) Ability to plan the selection and acquisition of information technologies (hardware and software);

(2) Ability to instruct students in the development of technical and interpersonal skills and knowledge to support the user community; and

(3) Ability to describe, analyze, develop, and follow policies for managing privacy and ethical issues in organizations and in a technology-based society.

k. Web development and multimedia;

(1) Ability to instruct students in the design and development of web applications based on industry standards and principles of good design;

(2) Ability to instruct students in the design and development of multimedia applications; and

(3) Ability to design and develop multimedia and web-based applications for multiple operating systems and environments, such as mobile, desktop, cloud.

l. Project management.

(1) Understand the components of project management and its importance to business and information technology; and

(2) Use project management tools to coordinate information technology, business, or related projects and manage teamwork.

  1. Knowledge and skills necessary to teach leadership skills, organize and manage an effective co-curricular student organization, and implement the organization's activities as an integral part of instruction.

  2. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  3. 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.

  4. Knowledge and skills necessary to apply basic mathematical operations to solve business problems.

  5. Demonstration and integration of workplace readiness skills in the classroom and real-world activities.

  6. Ability to plan, deliver, evaluate, and manage work-based learning methods of instruction such as internship, job shadowing, cooperative education, mentorship, service learning, clinical, and youth apprenticeship.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-190 Career and technical education – family and consumer sciences

The program in family and consumer sciences shall ensure that the candidate has demonstrated the following competencies:

  1. Knowledge of the human growth and developmental processes throughout the lifespan, including infancy, childhood, preadolescence, adolescence, adulthood and aging, and in creating and maintaining an environment in which family members develop and interact as individuals and as members of a group;

  2. Knowledge of the decision-making processes related to housing, furnishings, and equipment for individuals and families with attention given to special needs and the diversity of individuals;

  3. The ability to plan, purchase, and prepare food choices that promote nutrition and wellness and safety and sanitation;

  4. Knowledge of the management of resources to achieve individual and family goals at different stages of the life span and the family life cycle;

  5. Knowledge of the sociological, psychological, and physiological aspects of apparel and textiles for individuals and families;

  6. Knowledge of the management of families, community, work, and their interrelationships;

  7. Knowledge of occupational skill development and career planning;

  8. Knowledge of the use of critical science and creative skills to address problems in diverse family, community, and work environments;

  9. Knowledge and skills necessary to teach leadership, communication, interpersonal problem-solving, and ethical decision-making skills;

  10. The ability to plan, develop, teach, supervise, and evaluate programs in occupational programs at the secondary, postsecondary, and adult levels;

  11. The ability to organize and implement Family, Career, and Community Leaders of America (FCCLA) programs as an integral part of classroom instruction;

  12. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing;

  13. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes;

  14. Demonstrate and integrate workplace readiness skills in the classroom and real-world activities; and

  15. Ability to plan, deliver, and manage work-based learning methods of instruction such as internship, job shadowing, cooperative education, mentorship, service learning, clinical, and youth apprenticeship.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-200 Career and technical education – health and medical sciences

The program in health and medical sciences shall ensure that the candidate has demonstrated the following competencies:

  1. Knowledge of teaching methods.

a. Instructional planning - ability to determine the needs and interests of students;

b. Organizing instruction - ability to prepare teacher-made instructional materials for clinical laboratory experience;

c. Instructional execution - ability to use techniques for simulating patient care and demonstrating manipulative skills;

d. Application of technology in the classroom; and

e. Instructional evaluation - ability to determine grades for students in classroom and clinical settings.

  1. Knowledge of program management.

a. Planning - ability to organize an occupational advisory committee;

b. Curriculum development - ability to keep informed of current curriculum content and patient care practices;

c. Planning and organizing teaching and occupational laboratory for laboratory simulations and demonstrations;

d. Understanding of the process for issuing credentials for health workers;

e. Understanding of the health care industry; and

f. Evaluation - ability to conduct a student follow-up study.

  1. Knowledge and skills necessary to teach leadership skills, organize and manage an effective co-curricular student organization, and implement the organization's activities as an integral part of instruction.

  2. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  3. 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.

  4. Demonstrate and integrate workplace readiness skills in the classroom and real-world activities.

  5. Ability to plan, deliver, evaluate, and manage work-based learning methods of instruction such as internship, job shadowing, cooperative education, mentorship, service learning, clinical, and youth apprenticeship.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-210 Career and technical education – marketing education

The program in marketing shall ensure that the candidate has demonstrated the following competencies:

  1. Knowledge of marketing processes and the environment; management and supervision; economics; merchandising and operations; advertising and promotion; sales and selling; communication theory and techniques; consumer behavior; international or global marketing; finance; accounting or marketing mathematics; and technology applications through a variety of educational and work experiences;

  2. Knowledge of skills and principles common across the marketing pathways: channel management; marketing-information management; market planning; pricing; product and service management promotion; and selling;

  3. Ability to plan, develop, and administer a comprehensive marketing program for high school students and adults;

  4. Ability to organize and use a variety of instructional methods and techniques for teaching youths and adults;

  5. Ability to conduct learning programs that include a variety of career objectives and recognize and respond to individual differences in students;

  6. Ability to assist learners of different abilities in developing skills needed to qualify for further education and employment;

  7. Knowledge of occupational skill development and career planning for opportunities in marketing, merchandising, hospitality, and management;

  8. Knowledge and skills necessary to teach leadership skills, organize and manage an effective co-curricular student organization, such as DECA and implement the organization's activities as an integral part of instruction;

  9. Application of and proficiency in grammar, usage, and mechanics and their integration in writing;

  10. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes;

  11. Application of and proficiency in instructional technology and current technological applications as these relate to marketing functions;

  12. Demonstration and integration of workplace readiness skills in the classroom and real-world activities;

  13. Ability to plan, deliver, and manage work-based learning methods of instruction, such as internship, job shadowing, cooperative education, mentorship, service learning, clinical, and youth apprenticeship; and

  14. Ability to apply mathematical operations to solve marketing problems.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-220 Career and technical education – technology education

The program in technology education shall ensure that the candidate has demonstrated the following competencies:

  1. Understanding the nature of technology, including knowledge of the following:

a. Characteristics and scope of technology;

b. Core concepts of physical, biological, and informational technologies; and

c. Relationships among technologies, including the natural intersects between science, technology, engineering, and mathematics (STEM) and other fields.

  1. Understanding the relationships between technology and society, including the following:

a. Sociocultural, political, and economic influences of technology;

b. Local and global effects of technological products and systems on the environment;

c. Role that society plays in the use and development of technology; and

d. Influence of technology on human history.

  1. Comprehension and utilization of engineering design, including the following:

a. Attributes of technological design;

b. Role of constraints, optimization, and predictive analysis in engineering design;

c. Requirement of problem-solving, critical thinking, and technical writing skills; and

d. Intentional integration of mathematics and science concepts and practices.

  1. Ability to succeed in a technological world, including a capacity to:

a. Employ the design process in the engineering of technological products and systems;

b. Determine and control the behavior of technological products and systems;

c. Use and maintain technological products and systems; and

d. Assess the impacts and consequences of technological products and systems.

  1. Ability to select and use the major physical, biological, and informational technologies of the designed world, including the following:

a. Principles and processes characteristic of contemporary and emerging transportation, manufacturing, and construction technologies, inclusive of research, engineering design and testing, planning, organization, resources, and modes of distribution;

b. Range of enabling technologies that utilize fundamental biological principles and cellular processes characteristic of traditional and modern biotechnical technologies, including research, design-based engineering and testing of agricultural products, biotechnical systems, and associated medical technologies;

c. Purpose, processes, and resources involved with creating, encoding, transmitting, receiving, decoding, storage, retrieval, and understanding of information data using communication systems in a global information society; and

d. Concept, laws, forms, and characteristics of energy as a fundamental requirement of the technological world, inclusive of the resultant power and work requisites, both renewable and nonrenewable, of the tools, machines, products, and systems within.

  1. Knowledge, skills, and processes required for teaching in a STEM laboratory environment, including:

a. Laboratory safety rules, regulations, processes, and procedures;

b. Ability to organize content and practices into effective instructional units;

c. Ability to deliver instruction to diverse learners;

d. Ability to evaluate student achievement, curriculum materials, instructional strategies, and teaching practices;

e. Ability to incorporate new and emerging instructional technologies to enhance student performance across the varied domains of knowledge - cognitive, affective, and psychomotor; and

f. Ability to convey the concepts and procedures for developing a learner's technological literacy specifically and integrative STEM literacy in general.

  1. Demonstration of the knowledge, abilities, and capacity necessary to teach leadership skills, organize and manage an effective co-curricular student organization, and implement the organization's activities as an integral part of instruction.

  2. Understanding of and proficiency in grammar, usage, and mechanics and their integration in formal technical writing.

  3. 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.

  4. Demonstrate and integrate workplace readiness skills in the classroom and real-world activities.

  5. Ability to plan, deliver, evaluate, and manage work-based learning methods of instruction such as internship, job shadowing, cooperative education, mentorship, service learning, clinical, and youth apprenticeship.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-230 Career and technical education – trade and industrial education

The program in trade and industrial education shall ensure that the candidate has demonstrated the following competencies:

  1. Understanding of industrial education and its role in the development of technically competent, socially responsible, and culturally sensitive individuals with potential for leadership in skilled technical work and professional studies;

  2. Understanding of and the ability to relate experiences designed to develop skills in the interpretation and implementation of industrial education philosophy in accordance with changing demand;

  3. The knowledge and experience of systematically planning, executing, and evaluating individual and group instruction;

  4. Knowledge of the competencies necessary for effective organization and management of laboratory instruction;

  5. Knowledge of the competencies necessary for making physical, social, and emotional adjustments in multicultural student-teacher relationships;

  6. Knowledge of the competencies necessary for developing and utilizing systematic methods and instruments for appraising and recording student progress in the career and technical educational classroom;

  7. Knowledge of the ability to provide technical work experience through cooperative education or provide a method of evaluating previous occupational experience commensurate with the minimum required standard;

  8. Knowledge of the competencies and industry credentials necessary to assist students in job placement and in otherwise bridging the gap between education and work;

  9. Understanding of the awareness of the human relations factor in industry, with emphasis on the area of cooperation among labor, management, and the schools;

  10. Knowledge of the teacher's role in the school and community;

  11. Understanding of the content, skills, and techniques necessary to teach a particular trade area;

  12. Knowledge of the competencies necessary to organize and manage an effective student organization;

  13. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing;

  14. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes;

  15. Demonstration and integration of work place readiness skills in the classroom and real-world activities; and

  16. Understanding of the planning, delivery, and management of work-based learning methods of instruction such as internship, job shadowing, cooperative education, mentorship, service learning, clinical, and youth apprenticeship.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-240 Career and technical education – transition and special needs (add-on endorsement)

The transition and special needs (add-on endorsement) shall ensure that the candidate holds an active license with a teaching endorsement or endorsements issued by the Virginia Board of Education and has demonstrated the following competencies:

  1. Knowledge of special needs and transition programs and services, characteristics of students who are disadvantaged, disabled, and gifted, and individuals with barriers to educational achievement and employment, including individuals with who are English learners.

  2. Knowledge of program development, implementation, and evaluation.

  3. Basic understanding of cultural issues pertaining to employment and postsecondary education and training.

  4. Understanding of the federal and state laws and regulations pertaining to special education, rehabilitation, and the American with Disabilities Act (42 USC § 12101 et seq.).

  5. Understanding and demonstration of the integration of instructional methods, resources, and transition programs for targeted populations in career and technical education, including:

a. Use of learning and teaching styles to plan and deliver differentiated instruction and differentiated assessment;

b. Knowledge of age appropriate assessments;

c. Use of assessment results to plan individual instruction strategies and assist with long-range and short-term planning;

d. Understanding of required skills that demonstrate college and career readiness;

e. Ability to plan and manage a competency-based education system;

f. Ability to adapt and modify curriculum materials and utilize Universal Design for Learning Principles to meet special student needs;

g. Use of a variety of classroom and behavior management techniques to develop an enhanced learning environment, behavior change techniques, and individual and group instruction;

h. Use of different processes to improve collaboration and develop partnerships with colleagues, parents, and the community to include service agencies and businesses; and

i. Ability to plan learning experiences that prepare individuals for transition to more advanced education and career development options.

  1. Ability to develop, plan, deliver, and manage work-based learning methods of instruction such as community-based instruction, internship, job shadowing, cooperative education, mentorship, service learning, clinical, and youth apprenticeship.

  2. Understanding and application of strategies for enabling students to learn all aspects of particular industries - planning, management, finances, technical and production skills, labor and community issues, health and safety, environmental issues, and the technology associated with the specific industry.

  3. Ability to articulate career and life planning procedures, transitioning processes and procedures, and career-search techniques.

  4. Application of and proficiency in grammar, usage, and mechanics and their integration in writing.

  5. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes.

  6. Ability to use a variety of technologies to deliver instruction and media to students, parents, teachers, and community partners.

  7. Demonstration and integration of workplace readiness skills in the classroom and real-world activities.

  8. Demonstrate person-centered planning skills.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-250 Computer science

The program in computer science shall ensure that the candidate has demonstrated the following competencies:

  1. Understanding of mathematical principles that are the basis of many computer applications;

  2. Knowledge of the functions, capabilities, and limitations of computers and computer systems;

  3. Knowledge of the ethical, moral, and legal issues associated with applications in programming and computer science;

  4. Knowledge of programming in at least two widely used programming languages, including definition, structure, and comparison;

  5. Knowledge of computers and computer systems and their applications;

  6. Knowledge of data structures and algorithms;

  7. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing; and

  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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-260 Dance arts preK-12

The program in dance arts shall ensure that the candidate has demonstrated the following competencies:

  1. Understanding of the knowledge, skills, and processes of the dance arts discipline as defined in the Virginia Standards of Learning and how they provide a foundation needed to teach dance arts.

  2. Understanding of the knowledge, skills, and processes for teaching dance arts to meet the developmental levels and academic needs of students in preK-12, including the following:

a. Knowledge of and experience in planning, developing, administering, and evaluating a program of dance arts education;

b. Knowledge and understanding for teaching dance arts, including performance, creation, and production; dance history and cultural context; analysis, evaluation, and critique; and aesthetics;

c. Ballet, folk, jazz, and modern dance with an area of concentration in one of these areas;

d. Scientific foundations, including human anatomy, kinesiology, and injury prevention and care for dance arts;

e. The relationship of dance arts and culture and the influence of dance on past and present cultures;

f. Knowledge and understanding of technological and artistic copyright laws;

g. Knowledge and understanding of classroom management and safety, including performance and studio and use of toxic art materials in various aspects of dance arts production, performance, and the classroom;

h. Knowledge of a variety of instructional and assessment strategies to foster, support, and enhance student dance arts learning;

i. Knowledge and understanding of technology, with applications for instruction, resources, artistic expression, administration, assessment, and communication;

j. Knowledge and understanding of appropriate and sensitive attention to diversity and cultural understanding;

k. Knowledge of related areas of the fine arts, such as music, theatre arts, and the visual arts; and

l. Observation and student teaching experiences at the elementary, middle, and secondary levels.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  2. 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-270 Driver education (add-on endorsement)

The program in driver education shall ensure that the candidate holds an active license with a teaching endorsement or endorsements issued by the Virginia Board of Education and has demonstrated the following competencies:

  1. Basic understanding of the administration of a driver education program as required by § 22.1-205 of the Code of Virginia and the Administrative Guide for Driver Education in Virginia 2010 (http://www.doe.virginia.gov/instruc tion/driver_education/curriculum_admin_guide/index.shtml) including:

a. Coordinating and scheduling of classroom and in-car instruction;

b. Understanding the Board of Education's and the Department of Motor Vehicle's regulations governing driver education programs;

c. Managing student safety using route and lesson planning, appropriate training techniques, driving environments, speed, driving experiences, and constant monitoring;

d. Administering the juvenile licensing process;

e. Highway traffic safety and the driver licensing laws in the Code of Virginia;

f. Vehicle procurement, maintenance and safety equipment requirements;

g. The Department of Education's and the Department of Motor Vehicle's juvenile licensing forms;

h. Monitoring and oversight procedures that ensure the approved program meets state curriculum objectives, goals, and learning outcomes; the classroom and in-car hour requirements; and teachers have valid Virginia driver's licenses, acceptable driving records, and meet teacher licensure and in-car instructor training requirements;

i. Promoting parent involvement;

j. Providing opportunities for ongoing professional development; and

k. Integrating classroom and in-car instruction when possible to maximize transfer of skills.

  1. Understanding of knowledge, skills, and processes of classroom driver education instruction including:

a. Traffic laws, signs, signals, pavement markings, and right-of-way rules;

b. Licensing procedures and other legal responsibilities associated with the driving privilege and vehicle ownership;

c. Ability to explain the effect of speed and steering on vehicle balance and control;

d. Knowledge of performance characteristics of other highway users and ability to apply problem-solving skills to minimize risks with (pedestrians, animals, motorcycles, bicycles, trucks, buses, trains, trailers, motor homes, ATVs, and other recreational users);

e. Facilitating students' ability to manage time, space, and visibility, using perceptual skills, and a risk management process;

f. Ability to identify and analyze the physiological, psychological, cognitive, and economic consequences associated with alcohol and other drug use;

g. Understanding proper use of vehicle occupant protective devices and analyzing how they can reduce injury severity and increase collision survival;

h. Recognizing how regular preventive maintenance reduces vehicle malfunctions and the warning signs that indicate the need for maintenance, repair, or replacement;

i. Recognizing the consequences of aggressive driving, fatigue, distracted driving, and other physical, social, and psychological influences that affect driver behavior and performance;

j. Understanding of the effects of momentum, gravity, and inertia on vehicle control and balance, and the relationship between kinetic energy and force of impact;

k. Ability to evaluate emergency-response strategies to avoid or reduce the severity of a collision in high-risk driving situations, and how technological advancements in intelligent handling and stability control systems affect driving practices;

l. Knowledge about map-reading and trip planning technologies and evaluating personal transportation needs and their impact on the environment;

m. Ability to differentiate instruction based on a continuous learning cycle;

n. Knowledge of assessments that foster student learning to inform decisions about instruction; and

o. Using new and emerging instructional technology and media effectively to enhance learning.

  1. Understanding of knowledge, skills, and processes of the laboratory phase of instruction including:

a. Utilizing simulation and other instructional technologies;

b. Managing a multiple-car range;

c. Designing sequential instructional performances that lead to effective habit formation;

d. Providing clear, concise instructions when describing the critical elements of a driving skill;

e. Correctly using occupant restraints and protective devices;

f. Understanding the role of the driver and the observer;

g. Using commentary driving to determine visual search skills needed to identify and make risk-reducing decisions for safe speed and position;

h. Using reference points to gauge vehicle position and execute maneuvers with precision;

i. Selecting vehicle position to communicate or establish line of sight to targets;

j. Balancing vehicle movement through precise and timely steering, braking, and accelerating to manage vehicle weight transfer;

k. Applying visual search skills to manage risks in low, moderate, and high-risk driving environments;

l. Adjusting speed and space to communicate and reduce risks to avoid conflicts;

m. Preventing, detecting, and managing vehicle traction loss in simulated and adverse driving conditions;

n. Using vehicle braking, traction, and stability technologies;

o. Recognizing environmental factors that influence vehicle control;

p. Applying space management strategies to the front and sides and monitoring space to the rear;

q. Understanding the consequences of speed selection;

r. Dividing mental attention between intended path of travel and other tasks;

s. Demonstrating basic and evasive maneuvers and off-road recovery;

t. Recognizing understeer and oversteer, and the effects of traction, gravity, inertia and momentum on vehicle handling and control;

u. Controlling vehicle from instructor's seat;

v. Interacting with other roadway users in a positive manner;

w. Using manual transmission;

x. Developing precision in the use of skills, processes, and habits for approach to intersection, curves, turns, parking, turnabouts, backing, lane change, passing and being passed, getting on and off highways, and responding to emergencies;

y. Administering the driver's license road skills test and issuing the six-month temporary provisional license; and

z. Completing a debriefing with a parent or guardian that includes a reminder that the parent must ultimately determine readiness for a driver's license.

  1. Guiding parents to provide meaningful guided practice including:

a. Understanding the juvenile licensing laws and the parents' role in the juvenile licensing process;

b. Determining the readiness of the child to begin learning how to drive in a car;

c. Planning and supervising the learner's permit experience;

d. Keeping a record of the meaningful supervised driving hours; and

e. Adopting a written agreement with the child that reflects expectations, defines rules and consequences, and allows the parents to progressively grant broader driving privileges.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  2. 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-275 Dual language (English) endorsement preK-6

The programs in dual language (English) preK-6 shall ensure that the candidate has demonstrated the following competencies. National standards in dual language are to be addressed in the program.

  1. Methods.

a. Understanding of the needed knowledge, skills, dispositions, and processes to support learners in achievement of Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia Standards of Learning in English, mathematics, history and social science, science, and computer technology;

b. Understanding of current research on the brain, its role in learning, and implications for instruction;

c. The ability to integrate English, mathematics, science, health, history and social sciences, art, music, drama, movement, and technology in learning experiences;

d. The use of differentiated instruction and flexible groupings to meet the needs of learners at different stages of development, abilities, and achievement;

e. The use of appropriate methods, including those in visual and performing arts, to help learners develop knowledge and basic skills, sustain intellectual curiosity, and problem-solve;

f. The ability to utilize effective classroom and behavior management skills through methods that build responsibility and self-discipline promote self-regulation, and maintain a positive learning environment;

g. The ability to modify and manage learning environments and experiences to meet the individual needs of children, including children with disabilities, gifted children, children who are English learners, and children with diverse cultural needs;

h. The ability to use formal and informal assessments to diagnose needs, plan and modify instruction, and record student progress;

i. A commitment to professional growth and development through reflection, collaboration, and continuous learning;

j. The ability to analyze, evaluate, and apply quantitative and qualitative research;

k. Understanding of the Virginia Standards of Learning for Computer Technology and the ability to use technology as a tool for teaching, learning, research, and communication; and

l. The ability to adapt task and interactions to maximize language development, conceptual understanding, and skill competence within each child's zone of proximal development.

  1. Knowledge and skills.

a. Reading and English. Understanding of the content, knowledge, skills, and processes for teaching Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia Standards of Learning for English, including communication (speaking, listening, and media literacy), reading, writing, and research and how these standards provide the core for teaching English in elementary.

(1) Assessment and diagnostic teaching. The individual shall:

(a) Be proficient in the use of both formal and informal assessment as screening diagnostic, and progress monitoring measures for the components of reading: phonemic awareness, letter recognition, decoding, fluency, vocabulary, reading level, and comprehension; and

(b) Be proficient in the ability to use diagnostic data to inform instruction for acceleration, intervention, remediation, and differentiation.

(2) Communication: speaking, listening, and media literacy. The individual shall:

(a) Be proficient in the knowledge, skills, and processes necessary for teaching communication, such as speaking, listening, and media literacy;

(b) Be proficient in developing students' phonological awareness skills;

(c) Demonstrate the ability to teach students to identify the characteristics of and apply critical thinking to media messages and to facilitate students' proficiency in using various forms of media to collaborate and communicate;

(d) Demonstrate effective strategies for facilitating the learning of standard English by speakers of other languages and dialects; and

(e) Demonstrate the ability to promote creative thinking and expression, such as through storytelling, drama, choral, and oral reading.

(3) Reading and literature. The individual shall:

(a) Be proficient in explicit and systematic phonics instruction, including an understanding of sound and symbol relationships, syllables, phonemes, morphemes, word analysis, and decoding skills;

(b) Be proficient in strategies to increase vocabulary and concept development;

(c) Be proficient in the structure of the English language, including an understanding of syntax and semantics;

(d) Be proficient in reading comprehension strategies for both fiction and nonfiction text, including questioning, predicting, inferencing, summarizing, clarifying, evaluating, and making connections;

(e) Demonstrate the ability to support students to read with fluency, accuracy, and meaningful expression (prosody);

(f) Demonstrate the ability to develop comprehension skills in all content areas;

(g) Demonstrate the ability to foster appreciation of a variety of literature;

(h) Understand the importance of promoting independent reading by selecting fiction and nonfiction texts of appropriate yet engaging topics and reading levels; and

(i) Demonstrate effective strategies for teaching students to view, interpret, analyze, and represent information and concepts in visual form with or without the spoken or written word.

(4) Writing. The individual shall:

(a) Be proficient in the knowledge, skills, and processes necessary for teaching writing, including the domains of composing and written expression, usage and mechanics and the writing process of planning, drafting, revising, editing, and publishing;

(b) Understand the stages of spelling development, promoting the generalization of spelling study to writing, and be proficient in systematic spelling instruction, including awareness of the purpose and limitations of "invented spelling";

(c) Demonstrate the ability to teach students to write cohesively for a variety of purposes and to provide instruction on the writing process: planning, drafting, revising, editing, and publishing in the narrative, descriptive, persuasive, and explanative modes; and

(d) Demonstrate the ability to facilitate student research and related skills such as accessing information, evaluating the validity of sources, citing sources, and synthesizing information.

(5) Technology. The individual shall demonstrate the ability to guide students in their use of technology for both process and product as they work with reading, writing, and research.

b. Mathematics.

(1) Understanding of the mathematics relevant to the content identified in Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds, and the Virginia Standards of Learning and how the standards provide the foundation for teaching mathematics in grades preK-6. Experiences with practical applications and the use of appropriate technology and concrete materials should be used within the following content:

(a) Number systems and their structure, basic operations, and properties;

(b) Elementary number theory, ratio, proportion, and percent;

(c) Algebra: fundamental idea of equality; operations with monomials and polynomials; algebraic fractions; linear and quadratic equations and inequalities and linear systems of equations and inequalities; radicals and exponents; arithmetic and geometric sequences and series; algebraic and trigonometric functions; and transformations among graphical, tabular, and symbolic forms of functions;

(d) Geometry: geometric figures, their properties, relationships, and the Pythagorean Theorem; deductive and inductive reasoning; perimeter, area, and surface area of two-dimensional and three-dimensional figures; coordinate and transformational geometry; and constructions; and

(e) Probability and statistics: permutations and combinations; experimental and theoretical probability; data collection and graphical representations, including box-and-whisker plots; data analysis and interpretation for predictions; measures of center, spread of data, variability, range, and normal distribution.

(2) Understanding of the sequential nature of mathematics and vertical progression of mathematical standards.

(3) Understanding of the multiple representations of mathematical concepts and procedures.

(4) Understanding of and the ability to use the five processes of reasoning mathematically, solving problems, communicating mathematics effectively, making mathematical connections, and using mathematical models and representations at different levels of complexity.

(5) Understanding of the contributions of different cultures toward the development of mathematics and the role of mathematics in culture and society.

(6) Understanding of the appropriate use of calculators and technology in the teaching and learning of mathematics, including virtual manipulatives.

(7) Understanding of and the ability to use strategies to teach mathematics to diverse learners.

c. History and social sciences.

(1) Understanding of the knowledge, skills, and processes of history and the social sciences disciplines as defined in Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia Standards of Learning and how the standards provide the necessary foundation for teaching history and social sciences, including in:

(a) History.

(i) The contributions of ancient civilizations to modern social and political institutions;

(ii) Major events in Virginia history from 1607 to the present;

(iii) Key individuals, documents, and events in United States history; and

(iv) The evolution of America's constitutional republic and its ideas, institutions, and practices.

(b) Geography.

(i) The use of maps and other geographic representations, tools, and technologies to acquire, process, and report information;

(ii) The relationship between human activity and the physical environment in the community and the world; and

(iii) Physical processes that shape the surface of the earth.

(c) Civics.

(i) The privileges and responsibilities of good citizenship and the importance of the rule of law for the protection of individual rights;

(ii) The process of making laws in the United States and the fundamental ideals and principles of a republican form of government;

(iii) The understanding that Americans are a people of diverse ethnic origins, customs, and traditions who are united by basic principles of a republican form of government and a common identity as Americans; and

(iv) Local government and civics instruction specific to Virginia.

(d) Economics.

(i) The basic economic principles that underlie the United States market economy;

(ii) The role of the individual and how economic decisions are made in the market place; and

(iii) The role of government in the structure of the United States economy.

(2) Understanding of the nature of history and social sciences and how the study of the disciplines assists students in developing historical thinking, geographical analysis, economic decision-making, and responsible citizenship by:

(a) Using artifacts and primary and secondary sources to understand events in history;

(b) Using geographic skills to explain the interaction of people, places, and events to support an understanding of events in history;

(c) Using charts, graphs, and pictures to determine characteristics of people, places, and events in history;

(d) Asking appropriate questions and summarizing points to answer a question;

(e) Comparing and contrasting people, places, and events in history;

(f) Recognizing direct cause and effect relationships in history;

(g) Explaining connections across time and place;

(h) Using a decision-making model to identify costs and benefits of a specific choice made;

(i) Practicing good citizenship skills and respect for rules and laws, and participating in classroom activities; and

(j) Developing fluency in content vocabulary and comprehension of verbal, written, and visual sources.

d. Science.

(1) Understanding of the knowledge, skills, and practices of the four core science disciplines of Earth science, biology, chemistry, and physics as defined in Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia Science Standards of Learning and how these standards provide a sound foundation for teaching science in the elementary grades.

(2) Understanding of the nature of science and scientific inquiry, including the following:

(a) Function of research design and experimentation;

(b) Role and nature of the theory in explaining and predicting events and phenomena;

(c) Practices required to provide empirical answers to research questions, including data collection and analysis, modeling, argumentation with evidence, and constructing explanations;

(d) Reliability of scientific knowledge and its constant scrutiny and refinement;

(e) Self-checking mechanisms used by science to increase objectivity, including peer review; and

(f) Assumptions, influencing conditions, and limits of empirical knowledge.

(3) Understanding of the knowledge, skills, and practices for conducting an active elementary science program including the ability to:

(a) Design instruction reflecting the goals of the Virginia Science Standards of Learning;

(b) Implement classroom, field, and laboratory safety rules and procedures and ensure that students take appropriate safety precautions;

(c) Conduct research projects and experiments, including applications of the design process and technology;

(d) Conduct systematic field investigations using the school grounds, the community, and regional resources;

(e) Organize key science content, skills, and practices into meaningful units of instruction that actively engage students in learning;

(f) Design instruction to meet the needs of diverse learners using a variety of techniques;

(g) Evaluate instructional materials, technologies, and teaching practices;

(h) Conduct formative and summative assessments of student learning;

(i) Incorporate instructional technology to enhance student performance in science; and

(j) Ensure student competence in science.

(4) Understanding of the content, skills, and practices of the four core science areas, including Earth sciences, biology, chemistry, and physics supporting the teaching of preK-6 science as defined by the Virginia Science Standards of Learning and equivalent course work reflecting each of the four core science areas.

(5) Understanding of the core scientific disciplines of Earth science, biology, chemistry, and physics to ensure:

(a) The placement of the four core scientific disciplines in an appropriate interdisciplinary context;

(b) The ability to teach the skills, practices, and crosscutting concepts common to the natural and physical sciences;

(c) The application of key science principles to solve practical problems; and

(d) A "systems" understanding of the natural world.

(6) Understanding of the contributions and significance of science including:

(a) The social, cultural, and economic significance of science;

(b) The relationship of science to mathematics, the design process, and technology; and

(c) The historical development of scientific concepts and scientific reasoning.

History

  • Statutory Authority: § 22.1-298.5 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 11, eff. February 11, 2026.
8VAC20-543-276 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 may teach in dual language (English) in the corresponding grade levels noted on the license (such as early/primary education preK-3 or elementary education preK-6). Even though individuals holding a valid Virginia teaching license with an elementary education endorsement in the assigned dual language (English) assignment do not need the dual language (English) preK-6 add-on endorsement, the endorsement recognizes the candidate's additional preparation in dual language (English) preparation.

B. The program in dual language (English) preK-6 add-on endorsement shall ensure that the candidate holds a baccalaureate degree from a regionally accredited college or university and an active teaching license with an elementary education endorsement issued by the State Board of Education and has demonstrated the following competencies and completed 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 in dual language (English) may be accepted in lieu of the practicum.

  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 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 prepared by the Virginia Department of Education's Office of Early Childhood 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.

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

History

  • Statutory Authority: § 22.1-298.5 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 11, eff. February 11, 2026.
8VAC20-543-277 Dual language (target language) endorsement preK-6

A. The programs in dual language (target language) preK-6 shall ensure that the candidate has demonstrated the following competencies. National standards in dual language are to be addressed in the program.

B. Individuals must have demonstrated proficiency in the world language by completing a major in the target language; or 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.

  1. Methods.

a. Understanding of the needed knowledge, skills, dispositions, and processes to support learners in achievement of Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia Standards of Learning in English, mathematics, history and social science, science, and computer technology;

b. Understanding of current research on the brain, its role in learning, and implications for instruction;

c. The ability to integrate English, mathematics, science, health, history and social sciences, art, music, drama, movement, and technology in learning experiences;

d. The use of differentiated instruction and flexible groupings to meet the needs of learners at different stages of development, abilities, and achievement;

e. The use of appropriate methods, including those in visual and performing arts, to help learners develop knowledge and basic skills, sustain intellectual curiosity, and problem-solve;

f. The ability to utilize effective classroom and behavior management skills through methods that build responsibility and self-discipline promote self-regulation, and maintain a positive learning environment;

g. The ability to modify and manage learning environments and experiences to meet the individual needs of children, including children with disabilities, gifted children, children who are English learners, and children with diverse cultural needs;

h. The ability to use formal and informal assessments to diagnose needs, plan and modify instruction, and record student progress;

i. A commitment to professional growth and development through reflection, collaboration, and continuous learning;

j. The ability to analyze, evaluate, and apply quantitative and qualitative research;

k. Understanding of the Virginia Standards of Learning for Computer Technology and the ability to use technology as a tool for teaching, learning, research, and communication; and

l. The ability to adapt task and interactions to maximize language development, conceptual understanding, and skill competence within each child's zone of proximal development.

  1. Knowledge and skills.

a. Reading and English. Understanding of the content, knowledge, skills, and processes for teaching Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia Standards of Learning for English, including communication (speaking, listening, and media literacy), reading, writing, and research and how these standards provide the core for teaching English in elementary.

(1) Assessment and diagnostic teaching. The individual shall:

(a) Be proficient in the use of both formal and informal assessment as screening diagnostic and progress monitoring measures for the components of reading: phonemic awareness, letter recognition, decoding, fluency, vocabulary, reading level, and comprehension; and

(b) Be proficient in the ability to use diagnostic data to inform instruction for acceleration, intervention, remediation, and differentiation.

(2) Communication: speaking, listening, and media literacy. The individual shall:

(a) Be proficient in the knowledge, skills, and processes necessary for teaching communication, such as speaking, listening, and media literacy;

(b) Be proficient in developing students' phonological awareness skills;

(c) Demonstrate the ability to teach students to identify the characteristics of and apply critical thinking to media messages and to facilitate students' proficiency in using various forms of media to collaborate and communicate;

(d) Demonstrate effective strategies for facilitating the learning of standard English by speakers of other languages and dialects; and

(e) Demonstrate the ability to promote creative thinking and expression, such as through storytelling, drama, choral, and oral reading.

(3) Reading and literature. The individual shall:

(a) Be proficient in explicit and systematic phonics instruction, including an understanding of sound and symbol relationships, syllables, phonemes, morphemes, word analysis, and decoding skills;

(b) Be proficient in strategies to increase vocabulary and concept development;

(c) Be proficient in the structure of the English language, including an understanding of syntax and semantics;

(d) Be proficient in reading comprehension strategies for both fiction and nonfiction text, including questioning, predicting, inferencing, summarizing, clarifying, evaluating, and making connections;

(e) Demonstrate the ability to support students to read with fluency, accuracy, and meaningful expression (prosody);

(f) Demonstrate the ability to develop comprehension skills in all content areas;

(g) Demonstrate the ability to foster appreciation of a variety of literature;

(h) Understand the importance of promoting independent reading by selecting fiction and nonfiction texts of appropriate yet engaging topics and reading levels; and

(i) Demonstrate effective strategies for teaching students to view, interpret, analyze, and represent information and concepts in visual form with or without the spoken or written word.

(4) Writing. The individual shall:

(a) Be proficient in the knowledge, skills, and processes necessary for teaching writing, including the domains of composing and written expression, usage and mechanics and the writing process of planning, drafting, revising, editing, and publishing;

(b) Understand the stages of spelling development, promoting the generalization of spelling study to writing, and be proficient in systematic spelling instruction, including awareness of the purpose and limitations of "invented spelling";

(c) Demonstrate the ability to teach students to write cohesively for a variety of purposes and to provide instruction on the writing process: planning, drafting, revising, editing, and publishing in the narrative, descriptive, persuasive, and explanative modes; and

(d) Demonstrate the ability to facilitate student research and related skills, such as accessing information, evaluating the validity of sources, citing sources, and synthesizing information.

(5) Technology. The individual shall demonstrate the ability to guide students in their use of technology for both process and product as they work with reading, writing, and research.

b. Mathematics.

(1) Understanding of the mathematics relevant to the content identified in Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia Standards of Learning and how the standards provide the foundation for teaching mathematics in grades preK-6. Experiences with practical applications and the use of appropriate technology and concrete materials should be used within the following content:

(a) Number systems and their structure, basic operations, and properties;

(b) Elementary number theory, ratio, proportion, and percent;

(c) Algebra: fundamental idea of equality; operations with monomials and polynomials; algebraic fractions; linear and quadratic equations and inequalities and linear systems of equations and inequalities; radicals and exponents; arithmetic and geometric sequences and series; algebraic and trigonometric functions; and transformations among graphical, tabular, and symbolic forms of functions;

(d) Geometry: geometric figures, their properties, relationships, and the Pythagorean Theorem; deductive and inductive reasoning; perimeter, area, and surface area of two-dimensional and three-dimensional figures; coordinate and transformational geometry; and constructions; and

(e) Probability and statistics: permutations and combinations; experimental and theoretical probability; data collection and graphical representations including box-and-whisker plots; data analysis and interpretation for predictions; and measures of center, spread of data, variability, range, and normal distribution.

(2) Understanding of the sequential nature of mathematics and vertical progression of mathematical standards.

(3) Understanding of the multiple representations of mathematical concepts and procedures.

(4) Understanding of and the ability to use the five processes of reasoning mathematically, solving problems, communicating mathematics effectively, making mathematical connections, and using mathematical models and representations at different levels of complexity.

(5) Understanding of the contributions of different cultures toward the development of mathematics and the role of mathematics in culture and society.

(6) Understanding of the appropriate use of calculators and technology in the teaching and learning of mathematics, including virtual manipulatives.

(7) Understanding of and the ability to use strategies to teach mathematics to diverse learners.

c. History and social sciences.

(1) Understanding of the knowledge, skills, and processes of history and the social sciences disciplines as defined in Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia Standards of Learning and how the standards provide the necessary foundation for teaching history and social sciences, including in:

(a) History.

(i) The contributions of ancient civilizations to modern social and political institutions;

(ii) Major events in Virginia history from 1607 to the present;

(iii) Key individuals, documents, and events in United States history; and

(iv) The evolution of America's constitutional republic and its ideas, institutions, and practices.

(b) Geography.

(i) The use of maps and other geographic representations, tools, and technologies to acquire, process, and report information;

(ii) The relationship between human activity and the physical environment in the community and the world; and

(iii) Physical processes that shape the surface of the earth.

(c) Civics.

(i) The privileges and responsibilities of good citizenship and the importance of the rule of law for the protection of individual rights;

(ii) The process of making laws in the United States and the fundamental ideals and principles of a republican form of government;

(iii) The understanding that Americans are a people of diverse ethnic origins, customs, and traditions, who are united by basic principles of a republican form of government and a common identity as Americans; and

(iv) Local government and civics instruction specific to Virginia.

(d) Economics.

(i) The basic economic principles that underlie the United States market economy;

(ii) The role of the individual and how economic decisions are made in the market place; and

(iii) The role of government in the structure of the United States economy.

(2) Understanding of the nature of history and social sciences and how the study of the disciplines assists students in developing historical thinking, geographical analysis, economic decision-making, and responsible citizenship by:

(a) Using artifacts and primary and secondary sources to understand events in history;

(b) Using geographic skills to explain the interaction of people, places, and events to support an understanding of events in history;

(c) Using charts, graphs, and pictures to determine characteristics of people, places, and events in history;

(d) Asking appropriate questions and summarizing points to answer a question;

(e) Comparing and contrasting people, places, and events in history;

(f) Recognizing direct cause and effect relationships in history;

(g) Explaining connections across time and place;

(h) Using a decision-making model to identify costs and benefits of a specific choice made;

(i) Practicing good citizenship skills and respect for rules and laws, and participating in classroom activities; and

(j) Developing fluency in content vocabulary and comprehension of verbal, written, and visual sources.

d. Science.

(1) Understanding of the knowledge, skills, and practices of the four core science disciplines of Earth science, biology, chemistry, and physics as defined in Virginia's Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds and the Virginia Science Standards of Learning and how these standards provide a sound foundation for teaching science in the elementary grades.

(2) Understanding of the nature of science and scientific inquiry, including the following:

(a) Function of research design and experimentation;

(b) Role and nature of the theory in explaining and predicting events and phenomena;

(c) Practices required to provide empirical answers to research questions, including data collection and analysis, modeling, argumentation with evidence, and constructing explanations;

(d) Reliability of scientific knowledge and its constant scrutiny and refinement;

(e) Self-checking mechanisms used by science to increase objectivity, including peer review; and

(f) Assumptions, influencing conditions, and limits of empirical knowledge.

(3) Understanding of the knowledge, skills, and practices for conducting an active elementary science program including the ability to:

(a) Design instruction reflecting the goals of the Virginia Science Standards of Learning;

(b) Implement classroom, field, and laboratory safety rules and procedures and ensure that students take appropriate safety precautions;

(c) Conduct research projects and experiments, including applications of the design process and technology;

(d) Conduct systematic field investigations using the school grounds, the community, and regional resources;

(e) Organize key science content, skills, and practices into meaningful units of instruction that actively engage students in learning;

(f) Design instruction to meet the needs of diverse learners using a variety of techniques;

(g) Evaluate instructional materials, technologies, and teaching practices;

(h) Conduct formative and summative assessments of student learning;

(i) Incorporate instructional technology to enhance student performance in science; and

(j) Ensure student competence in science.

(4) Understanding of the content, skills, and practices of the four core science areas, including Earth sciences, biology, chemistry, and physics supporting the teaching of preK-6 science as defined by the Virginia Science Standards of Learning and equivalent course work reflecting each of the four core science areas.

(5) Understanding of the core scientific disciplines of Earth science, biology, chemistry, and physics to ensure:

(a) The placement of the four core scientific disciplines in an appropriate interdisciplinary context;

(b) The ability to teach the skills, practices, and crosscutting concepts common to the natural and physical sciences;

(c) The application of key science principles to solve practical problems; and

(d) A "systems" understanding of the natural world.

(6) Understanding of the contributions and significance of science including:

(a) The social, cultural, and economic significance of science;

(b) The relationship of science to mathematics, the design process, and technology; and

(c) The historical development of scientific concepts and scientific reasoning.

History

  • Statutory Authority: §22.1-298.5 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 11, eff. February 11, 2026.
8VAC20-543-278 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. The program in dual language (target language) preK-6 add-on endorsement shall ensure that the candidate holds a baccalaureate degree from a regionally accredited college or university and an active teaching license with an endorsement in a target language issued by the State Board of Education and has demonstrated the following competencies and completed 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.

  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 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 prepared by the Virginia Department of Education's Office of Early Childhood 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.

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

C. The candidate must pass 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;

  3. History and Social Sciences: United States history - three semester hours; geography, economics, or United States or comparative government - three semester hours; and methods of teaching elementary history and social sciences - three semester hours.

History

  • Statutory Authority: § 22.1-298.5 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 11, eff. February 11, 2026.
8VAC20-543-279 Economics and personal finance (add-on endorsement)

The program in economics and personal finance shall ensure that the candidate holds an active license (Collegiate Professional License, Postgraduate Professional License, or a Provisional License leading to a Collegiate Professional or Postgraduate Professional License) with a teaching endorsement or endorsements issued by the State Board of Education and has demonstrated the following competencies:

  1. Understanding and demonstration of the required knowledge, skills, and processes to support learners in achievement of the Economics and Personal Finance Virginia Standards of Learning, including:

a. Integration of economic concepts and structures, including how consumers, businesses, and governments face scarcity of resources and make trade-offs and incur opportunity costs;

b. Role of producers and consumers in a market economy including response to incentives, the role of entrepreneurs, and how costs and revenues affect profit and supply;

c. The price system;

d. Factors that affect income;

e. Nation's economic goals, including full employment, stable prices, and economic growth;

f. Nation's financial system;

g. Monetary and fiscal policy;

h. Role of government in a market economy;

i. Global economy including trade and comparative advantage;

j. Consumer skills;

k. Planning for living and leisure expenses;

l. Banking transactions;

m. Credit and loan functions;

n. Role of insurance in risk management;

o. Income earning, taxes, and reporting;

p. Personal financial planning;

q. Investment and savings planning; and

r. Financing postsecondary education (including the Free Application for Federal Student Aid (FAFSA); and

  1. Understanding and knowledge of teaching in an online or blended learning environment.

History

  • Statutory Authority: §§ 22.1-200.03 and 22.1-298.1 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 11, eff. February 11, 2026.
8VAC20-543-280 Engineering

The program in engineering shall ensure that the candidate has demonstrated the following competencies:

  1. Understanding of the knowledge, skills, and processes of the engineering discipline as defined in Virginia's high school engineering courses and how these provide a sound foundation for teaching engineering.

  2. Understanding the nature of engineering design and analysis, including the following:

a. Function of the engineering design process;

b. Methods used by engineers to generate, develop, and test ideas to meet design requirements; and

c. Role of failure in the engineering design process.

  1. Understanding of the knowledge, skills, and processes for teaching engineering, including the ability to:

a. Formulate instruction reflecting the goals of the engineering courses that are taught in Virginia high schools;

b. Design, prototype, test, analyze, and operate solutions to engineering challenges;

c. Implement laboratory and field safety rules and procedures and ensure that students take appropriate safety precautions;

d. Organize key engineering content and skills into meaningful units of instruction;

e. Adapt instruction to diverse learners using a variety of techniques;

f. Evaluate student achievement, instructional materials, and teaching materials; and

g. Incorporate instructional technology to enhance student performance.

  1. Understanding of content, processes, and skills of engineering, equivalent to an undergraduate degree in engineering, with course work in principles of engineering, engineering design, statics and dynamics, circuits, fluid mechanics, thermodynamics, materials, ordinary differential equations, and linear algebra.

  2. Understanding of basic chemistry, biology, Earth and space sciences, physics, and mathematics, including statistics and calculus, to ensure:

a. The placement of engineering in an appropriate science, technology, engineering, and mathematics (STEM) and interdisciplinary context;

b. The ability to teach the processes and organizing concepts of the natural and physical sciences to analyze successful and failed engineering designs; and

c. Student achievement in engineering.

  1. Understanding of the contributions and significance of engineering, including:

a. Its social and cultural significance;

b. The relationship of engineering and its sub-fields, such as electrical engineering, mechanical engineering, bio-engineering, to the sciences, mathematics and technology; and

c. The historical development of engineering concepts and reasoning.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing, oral, and multi-media presentations.

  2. 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-290 English

The program in English shall ensure that the candidate has demonstrated the following competencies:

  1. Understanding of the knowledge, skills, and processes of English as defined in the Virginia Standards of Learning;

  2. Skills necessary to teach the writing process and the different modes of writing such as narrative, descriptive, expository, persuasive, and analytical and to employ available technology;

  3. Knowledge of grammar, usage, and mechanics and their integration in writing;

  4. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes;

  5. Understanding of the nature and development of language including vocabulary appropriate to the topic, audience, and purpose;

  6. Knowledge of reading strategies and techniques used to enhance reading comprehension skills in both fiction and nonfiction texts;

  7. Knowledge of communication skills including speaking and listening skills and media literacy;

  8. Knowledge of varied fiction and nonfiction from young adult, British, American, world, and ethnic and minority texts appropriate for English instruction;

  9. The ability to provide experiences in communication arts, such as journalism, dramatics, debate, forensics, radio, television, films, and other media production;

  10. Skills necessary to teach the analysis and production of media literacy;

  11. Skills necessary to teach research including ethical accessing, evaluating, organizing, crediting, and synthesizing information; and

  12. Knowledge of the Virginia Computer Technology Standards of Learning and their integration into English Language Arts.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-300 English as a second language preK-12

The program in English as a second language shall ensure that the candidate has demonstrated the following competencies:

  1. Skills in methods of teaching English as a second language to include instruction based on the World-Class Instructional Design Assessment (WIDA) English Language Development (ELD) Standards;

  2. Skills in designing and administering formative or classroom-based assessments and interpreting results of both formative and summative assessments, including the WIDA Access test. Using the results of a variety of formative assessments, including performance-based assessments of oral language and writing, to direct instruction. Ensuring that formative assessments reflect high validity and reliability for the purposes for which they are used and are appropriate for the targeted students. Teaching test-taking skills in preparation for standardized tests;

  3. Skills in the teaching of reading to include: phonemic 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 reading skills. Ability to determine students' reading levels and design instruction for multi-level classrooms by incorporating appropriate scaffolding or language supports;

  4. Skills in teaching grammar and syntax in the context of writing. Ability to model and teach editing skills and organization of writing using predominant text structures in the content areas;

  5. Knowledge of the effects of sociocultural variables in the instructional setting;

  6. Proficiency in spoken and written English;

  7. Skills in providing language and cognitive support or scaffolding bases on the various stages of the second language acquisition process;

  8. Knowledge of another language and its structure;

  9. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing; and

  10. Knowledge of both general linguistics and English linguistics.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-310 Foreign language preK-12

A. The specific language of the endorsement shall be noted on the license.

B. Foreign language preK-12 - languages other than Latin and American Sign Language. The program in the foreign language shall ensure that the candidate has:

  1. Demonstrated the following competencies:

a. Understanding of authentic speech at a normal tempo;

b. Ability to speak with a command of vocabulary, pronunciation, and syntax adequate for expressing thoughts to a native speaker not used to dealing with foreigners;

c. Ability to read and comprehend authentic texts of average difficulty and of mature content;

d. Ability to write a variety of texts including description and narration with clarity and correctness in vocabulary and syntax;

e. Knowledge of geography, history, social structure, and artistic and literary contributions of the target societies;

f. Ability to interpret contemporary lifestyles, customs, and cultural patterns of the target societies;

g. Understanding of the application of basic concepts of phonology, syntax, and morphology to the teaching of the foreign language;

h. Knowledge of the national standards for foreign language learning, current proficiency-based and performance-based objectives of the teaching of foreign languages at the elementary and secondary levels, elementary and secondary methods and techniques for attaining these objectives, the use of technology and media in teaching languages, current curricular developments, the relationship of language study to other areas of the curriculum, and the professional literature of foreign language teaching;

i. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing;

j. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes;

k. Knowledge of the assessment of foreign language skills in listening, speaking, reading, and writing, and the differing types of assessments and their uses, including portfolio-based assessments, integrated performance assessments, and oral proficiency interviews; and

l. Knowledge of the characteristics of effective foreign language teaching, including the standards and key elements related to foreign language teaching as outlined in the Virginia Standards for the Professional Practice of Teachers.

  1. Participated in opportunities for significant foreign language study or living experiences in this country or abroad, or both.

C. Foreign language preK-12 - Latin. The program in Latin shall ensure that the candidate has demonstrated the following competencies:

  1. Ability to read and comprehend Latin in the original;

  2. Ability to pronounce Latin with consistent classical or ecclesiastical pronunciation;

  3. Knowledge of the vocabulary, phonology, morphology, and syntax of Latin and the etymological impact of Latin;

  4. Ability to discuss the culture and civilization of Greco-Roman society, including history, daily life, art, architecture, and geography;

  5. Ability to explain the relationship of Greco-Roman culture and civilization to subsequent cultures and civilizations;

  6. Knowledge of major literary masterpieces and their relationship to the historical and social context of the society;

  7. Competency in current methodologies for teaching Latin at the elementary and secondary levels; lesson planning; scope and sequencing of material; instructional strategies and assessment under the guidance of an experienced Latin teacher;

  8. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing;

  9. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes; and

  10. Knowledge of the characteristics of effective foreign language teaching, including the standards and key elements related to foreign language teaching as outlined in the Virginia Standards for the Professional Practice of Teachers.

D. Foreign language preK-12 - American Sign Language. The program in American Sign Language shall ensure that the candidate has:

  1. Demonstrated the following competencies:

a. Understanding of native users of American Sign Language at a normal tempo;

b. Ability to sign with a command of vocabulary, nominal behaviors, and syntax adequate for expressing thoughts to an American Sign Language user not accustomed to dealing with individuals who do not use American Sign Language;

c. Knowledge of history, social structure, and artistic and literary contributions of the deaf culture;

d. Ability to interpret contemporary lifestyles, customs, and cultural patterns of the deaf culture;

e. Understanding of the application of basic concepts of phonology, including hand shapes, location, palm orientation, and sign movements, syntax, and morphology to the teaching of the American Sign Language;

f. Knowledge of the national standards for foreign language learning, current proficiency-based and performance-based objectives of the teaching of foreign languages at the elementary and secondary levels, elementary and secondary methods and techniques for attaining these objectives, the assessment of foreign language skills, the use of technology and media in teaching languages, current curricular developments, the relationship of language study to other areas of the curriculum, and the professional literature of foreign language teaching;

g. Understanding of and proficiency in English grammar, usage, and mechanics and their integration in writing;

h. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes; and

i. Knowledge of the characteristics of effective foreign language teaching, including the standards and key elements related to foreign language teaching as outlined in the Virginia Standards for the Professional Practice of Teachers.

  1. Participated in opportunities for significant study of the linguistics of American Sign Language and immersion experiences in the deaf culture.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-320 Gifted education (add-on endorsement)

The program in gifted education shall ensure that the candidate holds an active license with a teaching endorsement or endorsements issued by the Virginia Board of Education and has demonstrated the following competencies:

  1. Understanding of principles of the integration of gifted education and general education, including:

a. Strategies to facilitate the interaction of gifted students with students of similar and differing intellectual and academic abilities;

b. Development of activities to encourage parental and community involvement in the education of the gifted;

c. Strategies to encourage collaboration among professional colleagues, especially in the areas of curriculum and professional development; and

d. Strategies to collaborate and consult with general education teachers and other resource specialists on behalf of gifted students.

  1. Understanding of the characteristics of gifted students, including:

a. Varied expressions of advanced aptitudes, skills, creativity, and conceptual understandings;

b. Varied expressions of the affective, such as social-emotional needs of gifted students; and

c. Gifted behaviors in special populations, including those who are culturally and linguistically diverse, economically disadvantaged, highly gifted, or have special needs or disabilities, including twice-exceptional students.

  1. Understanding of specific techniques to identify gifted students using diagnostic and prescriptive approaches to assessment, including:

a. The selection, use, and interpretation of multiple standardized, norm-referenced aptitude and achievement assessment instruments;

b. The selection, use, and evaluation of multiple identification criteria and strategies;

c. The use of both formal and informal nonbiased measures to provide relevant information regarding the aptitude and ability or achievement of potentially gifted students;

d. The use of authentic assessment tools such as portfolios to determine performance, motivation, interest, and other characteristics of potentially gifted students;

e. The use and interpretation of reliable rating scales, checklists, and questionnaires by parents, teachers, and others;

f. The evaluation of data collected from student records such as grades, honors, and awards;

g. The use of case study reports providing information regarding exceptional conditions; and

h. The roles and responsibilities of the identification and placement committee.

  1. Understanding and application of a variety of curricular and instructional models, methodologies, and strategies that ensure:

a. The use of the Virginia Standards of Learning as a foundation to develop a high level of proficiency, academic rigor, and complexity for gifted learners in all curricular academic areas;

b. The acquisition of knowledge and development of products that demonstrate creative and critical thinking as applied to student learning both in and out of the classroom, including inquiry-based instruction, questioning strategies, and problem-solving skills;

c. The development of learning environments that guide students to become self-directed, reflective, independent learners;

d. The acquisition of tools to enable students to contribute to a multicultural, diverse society, including preparation for college and careers; and

e. The development of learning environments that recognize and support the affective needs of the gifted students.

  1. Understanding and application of theories and principles of appropriately differentiating curriculum specifically designed to accommodate the accelerated learning aptitudes of gifted students, including:

a. Accelerated and enrichment opportunities that recognize gifted students' needs for advanced content and pacing of instruction, original research or production, problem-finding and problem-solving, higher level thinking that leads to the generation of products, and a focus on issues, themes, and ideas integrated within and across disciplines;

b. Opportunities for students to explore, develop, and research their areas of interest, talent, or strength using varied modes of expression;

c. Emphasis on advanced and complex content that is paced and sequenced to respond to gifted students' persistent intellectual, artistic, or technical curiosity; exceptional problem-solving abilities; rapid acquisition and mastery of information; conceptual thinking processes; and imaginative expression across a broad range of disciplines;

d. Evaluation of student academic growth and learner outcomes through appropriate multiple criteria, including a variety of pre-assessments and post-assessments; and

e. Use of current and advanced technologies to enhance student performance and academic growth.

  1. Understanding the fundamental principles of differentiated curricula for effective program planning and evaluation, including:

a. Program design and development for gifted learners;

b. Research and topics for effective administrative arrangements, supervision, and program implementation;

c. Activities to encourage parental and community involvement in gifted education; and

d. Strategies for building an effective advisory committee.

  1. Understanding of contemporary issues and research in gifted education, including:

a. The systematic gathering, analyzing, and reporting of formative and summative data from local, state, and national perspectives; and

b. Current local, state, and national policies, trends, and issues.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in all forms of communication.

  2. 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.

  3. The program shall include a practicum that shall include a minimum of 45 instructional hours of successful teaching experiences with gifted students in a public or accredited nonpublic school.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-330 Health and physical education preK-12

The program in health and physical education preK-12 shall ensure that the candidate has demonstrated the following competencies:

  1. Understanding of the knowledge, skills, and processes of health and physical education as defined in the Virginia Standards of Learning including the following:

a. Competence in motor skills and movement patterns needed to perform a variety of physical activities;

b. Knowledge of structures and functions of the body and how they relate to and are affected by human movement to learning and developing motors skills and specialized movement forms;

c. Demonstrate the aptitude, attitude, and skills to lead responsible, fulfilling, and respectful lives; and

d. Understand the importance of energy balance and nutritional needs of the body to maintain optimal health and prevent chronic disease.

  1. Understanding basic human anatomy, physiology, kinesiology, and exercise physiology needed to apply discipline-specific biomechanical concepts critical to the development of physically educated individuals.

  2. Understanding of the basic scientific principles of human movement as they apply to:

a. Health-related fitness, such as flexibility, muscular strength and endurance, cardio respiratory endurance, and body composition;

b. Skill-related fitness, such as coordination, agility, power, balance, speed, and reaction time; and

c. Analyzing and correcting critical elements of motor skills and performance concepts related to skillful movement and fitness.

  1. Basic understanding of the administration and planning for a health and physical education program, including:

a. Differentiated instruction based on a continuous learning cycle;

b. Student safety, classroom management, injury prevention, and liability issues;

c. Standards-based curriculum and assessments that foster student learning and inform decisions about instruction;

d. The role of coordinated school and community health.

e. Utilizing school health advisory boards, local health departments, and other representative stakeholders for support for best practice; and

f. Increasing physical activity behaviors before, during, and after school.

  1. Understanding of the knowledge, skills, and processes of health education as defined in the Virginia Standards of Learning, including:

a. Demonstrate the knowledge and skills to make healthy decisions that reduce health risks and enhance the health of self and others;

b. Demonstrate the ability to access, evaluate, and use health information, products, and services that influence health and wellness in a positive manner; and

c. Demonstrate the use of appropriate health practices and behaviors to promote a safe and healthy community when alone, with family, at school, and in other group settings.

  1. Understanding of the essential health knowledge, skills, and processes for teaching developmentally and culturally appropriate health education content standards, including:

a. Health promotion and chronic disease prevention;

b. Mental, social, and emotional health;

c. Nutrition, body image, eating disorders, energy balance, and weight management;

d. Tobacco, alcohol, and other drug use prevention;

e. Safety and emergency care, including first aid, CPR, AED, universal precautions;

f. Injury and violence prevention;

g. Consumer health and information access;

h. Communicable and noncommunicable disease prevention and treatment;

i. Environmental health;

j. Personal, family, and community health;

k. Bullying prevention, resistance skills, and conflict mediation; and

l. Theories and models of behavior change and goal-setting.

  1. Understanding of the knowledge, skills, and processes for teaching physical education, including:

a. Articulated, sequential preK-12 instruction in a variety of movement forms that include:

(1) Functional fitness;

(2) Developmentally appropriate movement skills; and

(3) Movement principles and concepts.

b. Activities that meet the needs of the diverse learner;

c. Ability to design learning activities to help students understand, develop, value and achieve personal fitness;

d. Knowledge of human growth, development, and motor learning;

e. The relationship between a physically active lifestyle and health;

f. Knowledge of the cognitive, social, and emotional development through physical activity;

g. Ability to incorporate strategies that promote effective physical activity learning environments;

h. Use of authentic, traditional, psychomotor, and fitness assessment methods;

i. The cultural significance of dance, leisure, competition, and sportsmanship; and

j. Demonstration of personal competence in motor skill performance for a variety of movement patterns, modeling healthy behaviors, and maintaining health-enhancing level of fitness.

  1. Understanding of and ability to design developmentally appropriate curriculum, instruction, and performance-based assessment that is aligned with the Virginia Standards of Learning for Health and Physical Education including the following:

a. Develop a developmentally appropriate scope and sequence plan of essential health and physical education concepts, information, and skills based on the Virginia Standards of Learning;

b. Use the scope and sequence plan to develop performance indicators that describe the essential concepts and skills;

c. Use new and emerging instructional technology and media effectively to enhance learning;

d. Use research-based educational strategies to meet diverse learning styles and needs;

e. Adapt and create strategies best suited for delivering instruction in diverse settings;

f. Employ individual and cooperative group learning strategies;

g. Connect instruction to prior student learning, and to other curricular areas; and

h. Use evaluation to plan a continuous cycle of learning strategies that reinforce mastery of performance indicators.

  1. Obtaining, analyzing and applying health-related and fitness-related data to meet the cultural, social, growth, and development needs of the students and community:

a. Select valid and current sources of information and data;

b. Use computerized sources of information and appropriate data-gathering instruments; and

c. Analyze and interpret data and determine priority areas of focused instruction.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  2. 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-340 History and social sciences

The program in history and social sciences shall ensure that the candidate has demonstrated the following competencies:

  1. Understanding of the knowledge, skills, and processes of history and the social science disciplines as defined by the Virginia History and Social Sciences Standards of Learning and how the standards provide the foundation for teaching history and the social sciences, including in:

a. United States history.

(1) The evolution of the American constitutional republic and its ideas, institutions, and practices from the philosophical origins in the Enlightenment through the debates of the colonial period to the present; the American Revolution, including ideas and principles preserved in significant Virginia and United States historical documents as required by § 22.1-201 of the Code of Virginia (the Declaration of American Independence; the general principles of the Constitution of the United States; the Virginia Statute of Religious Freedom; the charters of The Virginia Company of April 10, 1606, May 23, 1609, and March 12, 1612; and the Virginia Declaration of Rights); Articles of Confederation; and historical challenges to the American political system;

(2) The influence of religious traditions on American heritage and contemporary American society;

(3) The influence of immigration on American political, social, cultural, and economic life;

(4) The origins, effects, aftermath, and significance of the two world wars, the Korean and Vietnam conflicts, and the post-Cold War era;

(5) The social, political, and economic transformations in American life during the 20th century;

(6) The tensions between liberty and equality, liberty and order, region and nation, individualism and the common welfare, and cultural diversity and national unity;

(7) The difference between a democracy and a republic and other types of economic and political systems; and

(8) The history, culture, contributions, and agency of African Americans, including (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. World history.

(1) The political, philosophical, and cultural legacies of ancient American, Asian, African, and European civilizations;

(2) The origins, ideas, and institutions of Judaism, Christianity, Hinduism, Confucianism and Taoism, and Shinto, Buddhist, and Islamic religious traditions;

(3) Medieval society, institutions, and civilizations; feudalism; and the evolution of representative government;

(4) The social, political, cultural, and economic innovations of selected civilizations in Africa, Asia, Europe, and the Americas;

(5) The ideas of the Renaissance and the Reformation, European exploration, and the origins of capitalism and colonization;

(6) The cultural ideas of the Enlightenment and the intellectual and political revolution of the 17th and 18th centuries;

(7) The sources, results, and influences of the American, French, and Latin American revolutions;

(8) The social and economic consequences of the Industrial Revolution and its impact on politics, culture, and the lives of everyday people;

(9) The influence of global ideologies of the 19th and 20th centuries;

(10) The origins, effects, aftermath, and significance of the two world wars, the Korean and Vietnam conflicts, and the post-Cold War era; and

(11) The development of globalization and the growing interdependence and inter-relationship among countries and cultures in the world.

c. Civics, government, and economics.

(1) The essential characteristics of governments;

(2) The importance of the rule of law for the protection of individual rights and the common good;

(3) The rights and responsibilities of American citizenship;

(4) The nature and purposes of constitutions and alternative ways of organizing constitutional governments;

(5) American political culture;

(6) Principles of the American constitutional republic;

(7) The idea of federalism and states' rights;

(8) The structures, functions, and powers of local and state government;

(9) Importance of citizen participation in the political process in local and state government;

(10) Local government and civics instruction specific to Virginia;

(11) The structures, functions, and powers of the national government;

(12) The role of the United States government in foreign policy and national security;

(13) The structure and role of the local, state, and federal judiciary;

(14) The structure and function of the United States market economy as compared with other economies;

(15) Knowledge of the impact of the government role in the economy and individual economic and political freedoms;

(16) Knowledge of economic systems in the areas of productivity and key economic indicators;

(17) The analysis of global economic trends; and

(18) Knowledge of international organizations, both political and economic, such as the United Nations, International Court in the Hague, and the International Monetary Fund.

d. Geography.

(1) Relationship between human activity and the physical environment, the ways in which geography governs human activity, and the effects of human activity on geographic features;

(2) Use of maps and other geographic representations, tools, and technologies to acquire, process, and report information;

(3) Physical and human characteristics of places;

(4) Physical processes that shape the surface of the earth;

(5) Characteristics, distribution, and migration of human populations;

(6) Patterns and networks of economic interdependence;

(7) Processes, patterns, and functions of human settlement;

(8) How the forces of conflict and cooperation influence the division and control of the earth's surface;

(9) Changes that occur in the meaning, use, distribution, and importance of resources;

(10) Applying geography to interpret the past and the present and to plan for the future; and

(11) Impact of geospatial technologies on the study of geography, physical and human.

  1. Understanding of history and social sciences to appreciate the significance of:

a. Diverse cultures and shared humanity;

b. How things happen, how they change, and how human intervention matters;

c. The interplay of change and continuity;

d. How people in other times and places have struggled with fundamental questions of truth, justice, and personal responsibility;

e. The importance of individuals and groups who have made a difference in history and the significance of personal character to the future of society;

f. The relationship among history, geography, civics, and economics;

g. The difference between fact and conjecture, evidence and assertion, and the importance of framing useful questions;

h. How ideas have real consequences; and

i. The importance of primary documents and the potential problems with second-hand accounts.

  1. Understanding of the use of the content and processes of history and social sciences instruction, including:

a. Fluency in historical thinking and geographic analysis skills;

b. Skill in debate, discussion, and persuasive writing;

c. The ability to organize key social science content into meaningful units of instruction based on historical thinking skills;

d. The ability to provide instruction using a variety of instructional techniques;

e. The ability to evaluate primary and secondary instructional resources, instruction, and student achievement;

f. The ability to incorporate appropriate technologies into social science instruction; and

g. The development of digital literacy skills while recognizing the influence of the media.

  1. Understanding of the content, processes, and skills of one of the social sciences disciplines at a level equivalent to an undergraduate major, along with proficient understanding of supporting disciplines to ensure:

a. The ability to teach the processes and organizing concepts of social science;

b. An understanding of the significance of the social sciences; and

c. Student achievement in the social sciences.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing and communications.

  2. 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.

  3. Skills necessary to teach research including use of primary and secondary sources, ethical accessing, evaluating, organizing, crediting, and synthesizing information.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 38, Issue 12, eff. April 1, 2022.
8VAC20-543-350 Journalism (add-on endorsement)

The program in journalism (add-on endorsement) shall ensure that the candidate holds an active license with a teaching endorsement or endorsements issued by the Virginia Board of Education and has demonstrated the following competencies:

  1. Understanding the history and functions of journalism in American culture including the value of freedom of speech and of the press and the complexity of legal and ethical issues;

  2. Understanding press law and ethics as it applies to scholastic media, including First Amendment-related rights and responsibilities;

  3. Understanding of and experience in theory and practice of both print and nonprint media including design and layout production and the use of technology;

  4. Possession of skills in teaching journalistic writing, interviewing, and editing for a variety of purposes, audiences, and formats;

  5. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing and communications;

  6. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes; and

  7. Skills to lead student media and production, including an understanding of fiscal responsibility, conflict resolution, and time management.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-360 Keyboarding (add-on endorsement)

The program in keyboarding (add-on endorsement) shall ensure that the candidate holds an active license with a teaching endorsement or endorsements issued by the Virginia Board of Education and has demonstrated the following competencies:

  1. Possession of skills in fingering and keyboard manipulation techniques to model and provide touch keyboarding instruction;

  2. Ability to provide instruction that allows students to develop touch fingering techniques in a kinesthetic response to the keyboard required for rapid, accurate entry of data and information;

  3. Ability to provide instruction for current procedures in formatting documents;

  4. Ability to provide instruction that allows students to develop proper keyboarding techniques based on ergonomics research to minimize future repetitive strain injuries;

  5. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing and communications; and

  6. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-370 Library media preK-12

The program in library media preK-12 shall ensure that the candidate has demonstrated the following competencies:

  1. Proficiency in teaching for learning, including knowledge of learners and learning; effective and knowledgeable teaching; collaborative instructional partners; integration of 21st century skills, learning standards, and technologies; assessment of and for student learning; and the design and implementation of instruction that engages students' interests and develops their ability to inquire, think critically, and gain and share knowledge.

  2. Proficiency in literacy and reading, including familiarity with children's, young adult, and professional literature in multiple formats; use of a variety of strategies to promote reading for enjoyment and information; collection development to support diverse learning needs; and collaboration to reinforce reading instructional strategies.

  3. Proficiency in information and knowledge, including efficient and ethical information-seeking behavior, ethical and equitable access to information, design and delivery of authentic learning through current and emerging technology, and the use of evidence-based action research to create and share knowledge.

  4. Proficiency in advocacy and leadership, including networking with the library community, commitment to professional development, leadership in articulating the role of the school library program in the educational community and in student learning, and advocacy for school library programs, resources, and services.

  5. Proficiency in program management and administration, including planning, developing, implementing, and evaluating library programs, collections, and facilities; personnel; funding; organization of materials; professional ethics; and strategic planning and program assessment.

  6. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing in multiple formats.

  7. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-380 Mathematics

The program in mathematics shall ensure that the candidate has demonstrated the following competencies:

  1. Understanding of the knowledge, skills, and processes of the Virginia Mathematics Standards of Learning and how curriculum may be organized to teach these standards to diverse learners;

  2. Understanding of a core knowledge base of concepts and procedures within the discipline of mathematics, including the following strands: number systems and number theory, geometry and measurement, analytic geometry, statistics and probability, functions and algebra, multivariate calculus, discrete mathematics, and linear and abstract algebra;

  3. Understanding of the sequential and interrelated nature of mathematics, the vertical progression of mathematical standards, and the mathematical structures inherent in the content strands;

  4. Understanding of the connections among mathematical concepts and procedures and their practical applications;

  5. Understanding of and the ability to use the five processes - becoming mathematical problem-solvers, reasoning mathematically, communicating mathematically, making mathematical connections, and using mathematical models and representations - at different levels of complexity;

  6. Understanding the contributions of different individuals and cultures toward the development of mathematics and the role of mathematics in culture and society;

  7. Understanding of major current curriculum studies and trends in mathematics;

  8. Understanding how to utilize appropriate technologies for teaching and learning mathematics, including graphing utilities, dynamic software, spreadsheets, and virtual manipulatives;

  9. Understanding of and the ability to select, adapt, differentiate, evaluate, and use instructional materials and resources, including professional journals and technology;

  10. Understanding of and the ability to use strategies for managing, assessing, and monitoring student learning, including diagnosing student errors;

  11. Understanding of and the ability to use strategies to teach mathematics to diverse learners;

  12. Knowledge of programming in at least two widely used programming languages, including definition, structure, and comparison;

  13. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing; and

  14. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-390 Mathematics – algebra I (add-on endorsement)

The program in Algebra I shall ensure that the candidate holds an active license with a teaching endorsement or endorsements issued by the Virginia Board of Education and has demonstrated the following competencies:

  1. Understanding of the mathematics relevant to the content identified in the Mathematics Standards of Learning and how the standards provide the foundation for teaching middle level mathematics through Algebra I, including:

a. The structure of real numbers and subsets, basic operations, and properties;

b. Elementary number theory, ratio, proportion, and percent;

c. Algebra, trigonometry, and analytic geometry: operations with monomials and polynomials; rational expressions; linear, quadratic, and higher degree equations and inequalities; linear systems of equations and inequalities; nonlinear systems of equations; radicals and exponents; complex numbers; arithmetic and geometric sequences and series; algebraic, trigonometric, logarithmic, exponential, absolute value, and step functions; domain and range of functions; composite and inverse functions; one-to-one mapping; transformations between graphical, tabular, and symbolic forms of functions; direct and inverse variation; line and curve of best fit; conics; and recognition and application of trigonometric identities;

d. Calculus: applications of limits, differentiation, and integration;

e. Linear algebra: matrices, vectors, and linear transformations;

f. Geometry: geometric figures, their properties, relationships, and application of the Pythagorean Theorem; using deductive axiomatic methods of proof and inductive reasoning; perimeter, area, and surface area of two-dimensional and three-dimensional figures; coordinate and transformational geometry; constructions and applications of algebra in geometry;

g. Probability and statistics: experimental and theoretical probability; prediction; graphical representations, including box-and-whisker plots; and measures of center, range, standard deviation, z-scores, and simple and normal distributions; and

h. Discrete mathematics: symbolic logic, sets, permutations and combinations, functions that are defined recursively, and linear programming.

  1. Understanding of varied pedagogical approaches to teaching algebraic concepts and their connected procedures.

  2. Understanding of the connections among algebraic concepts, procedures, models, and practical applications.

  3. Understanding of the sequential and interrelated nature of mathematics and the mathematical structures inherent in algebra.

  4. Understanding of and the ability to use the five processes - becoming mathematical problem-solvers, reasoning mathematically, communicating mathematically, making mathematical connections, and using mathematical models and representations - at different levels of complexity.

  5. Understanding how to utilize appropriate technologies for teaching and learning algebra, including graphing utilities, dynamic software, spreadsheets, and virtual manipulatives.

  6. Understanding of and the ability to use strategies for managing, assessing, and monitoring student learning, including diagnosing student errors.

  7. Understanding of and the ability to use strategies to teach algebra to diverse learners.

  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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-400 Music education – instrumental preK-12

The program in music education - instrumental preK-12 shall ensure that the candidate has demonstrated the following competencies:

  1. Understanding of the knowledge, skills, and processes of the music discipline as defined in the Virginia Standards of Learning and how they provide a necessary foundation integral to teaching instrumental music.

  2. Understanding of the common elements of music - rhythm, melody, harmony, timbre, texture, dynamics, and form - and their relationship with each other and student academic needs and employing this understanding in the analysis of music.

  3. Effective musicianship through the development of:

a. Basic skills in conducting, score reading, teaching musical courses, and rehearsal techniques for choral and instrumental music;

b. Skills in composing, arranging, and adapting music to meet the classroom needs and ability levels of school performing groups;

c. Skills in providing and directing creative experiences and improvising when necessary;

d. Proficiency, sufficient for classroom instruction, on keyboard or other accompanying instrument; and

e. The ability to perform in ensembles.

  1. Knowledge and understanding of teaching music, including music theory; performance; music history and cultural context; analysis, evaluation, and critique; and aesthetics.

  2. Knowledge of music history and literature with emphasis on the relationship of music to culture and the ability to place compositions in historical and stylistic perspective.

  3. Knowledge of a comprehensive program of music education based upon sound philosophy, content, and methodology for teaching in elementary, middle, and secondary schools.

  4. Specialization on a musical instrument and functional teaching knowledge on each of the string, brass, woodwind, and percussion instruments.

  5. Competency in teaching rehearsing and conducting combined instrumental and vocal groups. In addition, the program shall provide instruction in business procedures, organization, and management of large and small instrumental ensembles.

  6. Knowledge of vocal techniques in teaching, rehearsing, and conducting combined instrumental and vocal groups.

  7. Knowledge and understanding of technological and artistic copyright laws.

  8. Knowledge and understanding of classroom management and safety, including performance and studio.

  9. Knowledge of a variety of instructional and assessment strategies to foster, support, and enhance student music learning.

  10. Knowledge and understanding of technology, with applications for instruction, resources, artistic expression, administration, business procedures, assessment, and communication.

  11. Knowledge and understanding of appropriate and sensitive attention to diversity and cultural understanding.

  12. Knowledge of related areas of the fine arts, such as dance arts, theatre arts, and the visual arts.

  13. Observation and professional laboratory experiences with pupils in elementary, middle, and secondary schools, including instruction of instrumental groups.

  14. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  15. 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-410 Music education – vocal/choral preK-12

A. The program in music education - vocal/choral preK-12 shall ensure that the candidate has demonstrated the following competencies:

  1. Understanding of the knowledge, skills, and processes of the music discipline as defined in the Virginia Standards of Learning and how they provide a necessary foundation integral to teaching instrumental music.

  2. Understanding of the common elements of music - rhythm, melody, harmony, timbre, texture, dynamics, and form - and their relationship with each other and student academic needs and to employ this understanding in the analysis of music.

  3. Effective musicianship through the development of:

a. Basic skills in conducting, score reading, teaching musical courses, and rehearsal techniques for choral and instrumental music;

b. Skills in composing, arranging, and adapting music to meet the classroom needs and ability levels of school performing groups;

c. Skills in providing and directing creative experiences and improvising when necessary;

d. Proficiency, sufficient for classroom instruction, on keyboard or other accompanying instrument; and

e. The ability to perform in ensembles.

  1. Knowledge and understanding of teaching music, including music theory; performance; music history and cultural context; analysis, evaluation, and critique; and aesthetics.

  2. Knowledge of music history and literature with emphasis on the relationship of music to culture and the ability to place compositions in historical and stylistic perspective.

  3. Knowledge of a comprehensive program of music education based upon sound philosophy, content, and methodology for teaching in elementary, middle, and secondary schools.

  4. Specialization in the methods, materials, and media appropriate to the teaching of vocal/choral and general music at elementary, middle, and secondary levels.

  5. Competency in teaching, rehearsing, and conducting choral ensembles and combined vocal and instrumental school groups. In addition, the program shall provide instruction in business procedures, organization, and management of large and small choral ensembles.

  6. Knowledge of instrumental techniques in teaching, rehearsing, and conducting combined vocal and instrumental school groups.

  7. Knowledge and understanding of technological and artistic copyright laws.

  8. Knowledge and understanding of classroom management and safety, including performance and studio.

  9. Knowledge of a variety of instructional and assessment strategies to foster, support, and enhance student music learning.

  10. Knowledge and understanding of technology, with applications for instruction, resources, artistic expression, administration, business procedures, assessment, and communication.

  11. Knowledge and understanding of appropriate and sensitive attention to diversity and cultural understanding.

  12. Knowledge of related areas of the fine arts, such as dance arts, theatre arts, and the visual arts.

  13. Observation and professional laboratory experiences with pupils at elementary, middle, and secondary levels, including instruction of choral groups.

  14. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  15. 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-420 Science – biology

The program in biology shall ensure that the candidate has demonstrated the following competencies:

  1. Understanding of the knowledge, skills, and practices of the four core science disciplines, including Earth science, biology, chemistry, and physics as defined in the Virginia Science Standards of Learning and how these provide a sound foundation for teaching biology.

  2. Understanding of the nature of science and scientific inquiry, including the following:

a. Function of research design and experimentation;

b. Role and nature of the theory in explaining and predicting events and phenomena;

c. Practices required to provide empirical answers to research questions, including data collection and analysis, modeling, augmentation with evidence, and constructing explanations;

d. Reliability of scientific knowledge and its constant scrutiny and refinement;

e. Self-checking mechanisms used by science to increase objectivity including peer review; and

f. Assumptions, influencing conditions, and limits of empirical knowledge.

  1. Understanding of the knowledge, skills, and processes for teaching laboratory science, including the ability to:

a. Design instruction reflecting the goals of the Virginia Science Standards of Learning;

b. Implement classroom, field, and laboratory safety rules and procedures and ensure that students take appropriate safety precautions;

c. Conduct research projects and experiments including applications of the design process and technology;

d. Conduct systematic field investigations using the school grounds, the community, and regional resources;

e. Organize key biological content, skills, and practices into meaningful units of instruction that actively engage students in learning;

f. Design instruction to meet the needs of diverse learners using a variety of techniques;

g. Evaluate instructional materials technologies, and teaching practices;

h. Conduct formative and summative assessments of student learning;

i. Incorporate instructional technology to enhance student performance; and

j. Ensure student competence in biology.

  1. Understanding of the content, skills, and practices of biology, equivalent to an undergraduate degree in biology, with course work in genetics, biochemistry/molecular biology, cell biology, botany, zoology, anatomy/physiology, ecology, and evolutionary biology.

  2. Understanding of basic physics, chemistry including organic chemistry, the Earth sciences, and mathematics including statistics to ensure:

a. The placement of biology in an appropriate interdisciplinary context;

b. The ability to teach the skills, practices, and crosscutting concepts common to the Earth, biological, and physical sciences;

c. The application of key principles in biology to solve practical problems; and

d. A "systems" understanding of the natural world.

  1. Understanding of the contributions and significance of biology, including:

a. Its social, cultural, and economic significance;

b. The relationship of biology and other sciences to mathematics, the design process, and technology; and

c. The historical development of scientific concepts and scientific reasoning.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  2. 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-430 Science – chemistry

The program in chemistry shall ensure that the candidate has demonstrated the following competencies:

  1. Understanding of the knowledge, skills, and practices of the four core science disciplines of Earth and space sciences, biology, chemistry, and physics as defined in the Virginia Science Standards of Learning and how they provide a sound foundation for teaching chemistry.

  2. Understanding of the nature of science and scientific inquiry including the:

a. Function of research design and experimentation;

b. Role and nature of the theory in explaining and predicting events and phenomena;

c. Practices required to provide empirical answers to research questions, including data collection and analysis, modeling, argumentation with evidence, and constructing explanations;

d. Reliability of scientific knowledge and its constant scrutiny and refinement;

e. Self-checking mechanisms used by science to increase objectivity including peer review; and

f. Assumptions, influencing conditions, and limits of empirical knowledge.

  1. Understanding of the knowledge, skills, and practices for teaching laboratory science, including the ability to:

a. Design instruction reflecting the goals of the Virginia Science Standards of Learning;

b. Implement classroom, field, and laboratory safety rules and procedures and ensure that students take appropriate safety precautions;

c. Conduct research projects and experiments including applications of the design process and technology;

d. Conduct systematic field investigations using the school grounds, the community, and regional resources;

e. Organize key chemistry content, skills, and practices into meaningful units of instruction that actively engage students in learning;

f. Design instruction to meet the needs of diverse learners using a variety of techniques;

g. Evaluate instructional materials, technologies, and teaching practices;

h. Conduct formative and summative assessments of student learning;

i. Incorporate instructional technology to enhance student performance; and

j. Ensure student competence in chemistry.

  1. Understanding of content, skills, and practices of chemistry, equivalent to an undergraduate degree in chemistry, with course work in biochemistry, inorganic chemistry, organic chemistry, physical chemistry, and analytical chemistry.

  2. Understanding of basic physics, Earth science, biology, and mathematics to ensure:

a. The placement of chemistry in an appropriate interdisciplinary context;

b. The ability to teach the skills, practices, and crosscutting concepts common to the Earth, biological, and physical sciences;

c. The application of key principles in chemistry to solve practical problems; and

d. A "systems" understanding of the natural world.

  1. Understanding of the contributions and significance of chemistry, including:

a. Its social, cultural, and economic significance;

b. The relationship of chemistry and other sciences to mathematics, the design process and technology; and

c. The historical development of scientific concepts and scientific reasoning.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  2. 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-440 Science – Earth science

The program in Earth science shall ensure that the candidate has demonstrated the following competencies:

  1. Understanding of the knowledge, skills, and practices of the four core science disciplines of Earth and space sciences, biology, chemistry, and physics as defined in the Virginia Science Standards of Learning and how these provide a sound foundation for teaching Earth science.

  2. Understanding of the nature of science and scientific inquiry, including the:

a. Function of research design and experimentation;

b. Role and nature of the theory in explaining and predicting events and phenomena;

c. Practices required to provide empirical answers to research questions, including data collection and analysis, modeling, argumentation with evidence, and constructing explanations;

d. Reliability of scientific knowledge and its constant scrutiny and refinement;

e. Self-checking mechanisms used by science to increase objectivity including peer review; and

f. Assumptions, influencing conditions, and limits of empirical knowledge.

  1. Understanding of the knowledge, skills, and practices for teaching laboratory science, including the ability to:

a. Design instruction reflecting the goals of the Virginia Science Standards of Learning;

b. Implement classroom, field, and laboratory safety rules and procedures and ensure that students take appropriate safety precautions;

c. Conduct research projects and experiments including applications of the design process and technology;

d. Conduct systematic field investigations using the school grounds, the community, and regional resources;

e. Organize key Earth science content, skills, and practices into meaningful units of instruction that actively engage students in learning;

f. Design instruction to meet the needs of diverse learners using a variety of techniques;

g. Evaluate instructional materials technologies, and teaching practices;

h. Conduct formative and summative assessments of student learning;

i. Incorporate instructional technology to enhance student performance; and

j. Ensure student competence in Earth science.

  1. Understanding of the content, skills, and practices of Earth science, equivalent to an undergraduate degree in geology, or a related area, with course work in structural geology, paleontology, petrology, oceanography, meteorology, and astronomy/space science.

  2. Understanding of basic physics, chemistry including organic chemistry, biology, and mathematics to ensure:

a. The placement of Earth science in an appropriate interdisciplinary context;

b. The ability to teach the skills, practices, and crosscutting concepts common to the Earth, biological, and physical sciences;

c. The application of key principles in Earth science to solve practical problems; and

d. A "systems" understanding of the natural world.

  1. Understanding of the contributions and significance of Earth science, including:

a. Its social, cultural, and economic significance;

b. The relationship of Earth science and other sciences to mathematics, the design process, and technology; and

c. The historical development of scientific concepts and scientific reasoning.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  2. 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-450 Science – physics

The program in physics shall ensure that the candidate has demonstrated the following competencies:

  1. Understanding of the knowledge, skills, and practices of the four core science disciplines of Earth sciences, biology, chemistry, and physics as defined in the Virginia Science Standards of Learning and how these provide a sound foundation for teaching physics.

  2. Understanding of the nature of science and scientific inquiry, including the following:

a. Function of research design and experimentation;

b. Role and nature of the theory in explaining and predicting events and phenomena;

c. Practices required to provide empirical answers to research questions, including data collection and analysis, modeling, argumentation with evidence, and constructing explanations;

d. Reliability of scientific knowledge and its constant scrutiny and refinement;

e. Self-checking mechanisms used by science to increase objectivity including peer review; and

f. Assumptions, influencing conditions, and limits of empirical knowledge.

  1. Understanding of the knowledge, skills, and processes for teaching laboratory science, including the ability to:

a. Design instruction reflecting the goals of the Virginia Science Standards of Learning;

b. Implement classroom, field, and laboratory safety rules and procedures and ensure that students take appropriate safety precautions;

c. Conduct research projects and experiments including applications of the design process and technology;

d. Conduct systematic field investigations using the school grounds, the community, and regional resources;

e. Organize key physics content, skills, and practices into meaningful units of instruction that actively engage students in learning;

f. Design instruction to meet the needs of diverse learners using a variety of techniques;

g. Evaluate instructional materials technologies, and teaching practices;

h. Conduct formative and summative assessments of student learning;

i. Incorporate instructional technology to enhance student performance; and

j. Ensure student competence in physics.

  1. Understanding of content, processes, and skills of physics, equivalent to an undergraduate degree in physics, with course work in mechanics, electricity and magnetism, optics, and modern physics.

  2. Understanding of basic Earth science, chemistry (including organic chemistry), biology, and mathematics to ensure:

a. The placement of physics in an appropriate interdisciplinary context;

b. The ability to teach the skills, practices, and crosscutting concepts common to the Earth, biological, and physical sciences;

c. The application of key principles in physics to solve practical problems; and

d. A "systems" understanding of the natural world.

  1. Understanding of the contributions and significance of physics, including:

a. Its social, cultural, and economic significance;

b. The relationship of physics and other sciences to mathematics, the design process, and technology; and

c. The historical development of scientific concepts and scientific reasoning.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  2. 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-460 Special education adapted curriculum K-12

A. The program in special education is designed to ensure through coursework and field experiences in a variety of settings that the candidate has demonstrated the core competencies in this section to prepare children and youth for participation in the general education curriculum and within the community to the maximum extent possible. The candidate also shall complete the competencies in at least one of the endorsement areas of Special Education Adapted Curriculum K-12, in addition to those required under professional studies, including reading and language acquisition. The program shall ensure that the candidate has demonstrated the following competencies:

  1. Foundations. Characteristics, legal, and medical aspects.

a. Knowledge of the foundation for educating students with disabilities, including:

(1) Historical perspectives, models, theories, philosophies, and trends that provide the basis for special education practice;

(2) Characteristics of children and youth with disabilities relative to age, varying levels of severity, and developmental differences manifested in cognitive, linguistic, physical, psychomotor, social, or emotional functioning;

(3) Normal patterns of development, such as physical, psychomotor, cognitive, linguistic, social, and emotional development and their relationship to the various disabilities;

(4) Medical aspects of disabilities;

(5) The dynamic influence of the family system and cultural and environmental milieu and related issues pertinent to the education of students with disabilities;

(6) Educational implications of the various disabilities; and

(7) Understanding of ethical issues and the practice of accepted standards of professional behavior.

b. An understanding and application of the legal aspects, regulatory requirements, and expectations associated with identification, education, and evaluation of students with disabilities, including:

(1) Legislative and judicial mandates related to education and special education, including the Individuals with Disabilities Education Act, § 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, the No Child Left Behind Act of 2001, etc.;

(2) Current regulations governing special education, including individualized education program (IEP) development; disciplinary practices, policies, and procedures; and alternative placements and programs in schools; and

(3) Rights and responsibilities of parents, students, teachers, and schools as they relate to individuals with disabilities and disability issues.

  1. Assessments and evaluation.

An understanding and application of the foundation of assessment and evaluation related to best special education practice, including:

a. Ethical issues and responsibilities in the assessment of individuals with disabilities;

b. Procedures for screening, prereferral, referral, and eligibility determinations;

c. Factors that may influence assessment findings such as cultural, behavioral, and learning diversity;

d. A general knowledge of measurement theory and practice, including validity, reliability, norming, bias, sensitivity, and specificity;

e. Administration, scoring, and interpretation of commonly used individual and group instruments, including norm-referenced, criterion-referenced, and curriculum-based measures, as well as task analysis, observation, portfolio, and environmental assessments;

f. Synthesis and interpretation of assessment findings for eligibility, program planning, and program evaluation decisions; and

g. Knowledge of the Virginia Accountability System, assessment options, and procedures for participation for students with disabilities.

  1. Management of instruction and behavior.

An understanding and application of classroom and behavior management techniques and individual interventions, including techniques that:

a. Promote emotional well-being and teach and maintain behavioral conduct and skills consistent with norms, standards, and rules of the educational environment;

b. Address diverse approaches and classroom organization based upon culturally responsive behavioral, cognitive, affective, social, and ecological theory and practice;

c. Provide positive behavioral supports; and

d. Are based on functional assessment of behavior.

  1. Collaboration.

a. Skills in consultation, case management, and collaboration, including:

Coordination of service delivery with related service providers, general educators, and other professions in collaborative work environments to include:

(1) Understanding the Virginia Standards of Learning, structure of the curriculum, and accountability systems across K-12;

(2) Understanding and assessing the organization and environment of general education classrooms across the K-12 setting;

(3) Implementation of collaborative models, including collaborative consultation, co-teaching with co-planning, and student intervention teams;

(4) Procedures to collaboratively develop, provide, and evaluate instructional and behavioral plans consistent with students' individual needs;

(5) Understanding of the roles and responsibilities of each member of the collaborative team; and

(6) Knowledge and application of effective communication strategies and culturally responsive strategies with a variety of stakeholders in the collaborative environment;

b. Training, managing, and monitoring paraprofessionals;

c. Involving of families in the education of their children with disabilities;

d. Understanding the standards of professionalism;

e. Cooperating with community agencies and other resource providers; and

f. Models and strategies for promoting students' self-advocacy skills.

B. The program in special education adapted curriculum K-12 shall ensure through coursework and field experiences in a variety of settings that the candidate seeking endorsement in special education adapted curriculum has the special education core competencies and the specific competency requirements specified in this section. The candidate shall demonstrate the following competencies to prepare children and youth to acquire the functional, academic, and community living skills necessary to reach an appropriate level of independence and be assessed in progress toward an aligned curriculum while participating in programs with nondisabled peers to the fullest extent possible:

  1. Characteristics.

a. Demonstrate knowledge of the definitions; characteristics, including medical and health conditions; and learning and behavioral support needs of students with disabilities (K-12) whose cognitive impairments or adaptive skills require adaptations to the general curriculum and whose functional skills are significantly different from typically developing peers, and therefore require adaptations to the general curriculum for an appropriate education, including students with:

(1) Autism spectrum disorders;

(2) Developmental delay;

(3) Intellectual disability;

(4) Traumatic brain injury; and

(5) Multiple disabilities, including sensory, deaf-blindness, speech-language, orthopedic and other health impairments as an additional disability to those referenced in subdivision 1 a of this subsection.

b. Knowledge of characteristics shall include:

(1) Medical needs, sensory needs, and position and handling needs of children with multiple disabilities;

(2) Speech and language development and communication and impact on educational, behavioral, and social interactions;

(3) Impact of disability on self-determination and self-advocacy skills; and

(4) Historical and legal perspectives, models, theories, philosophies, and trends related to specific student populations.

  1. Individualized education program (IEP) development and implementation.

a. Demonstrate knowledge of the eligibility process and legal and regulatory requirements for IEP development including timelines, components, team composition, roles, and responsibilities.

b. Apply knowledge of content standards, assessment, and evaluation throughout the K-12 grade levels to:

(1) Construct, use, and interpret a variety of standardized and nonstandardized data collection techniques, such as task analysis, observation, portfolio assessment, and other curriculum-based measures;

(2) Make decisions about student progress, instruction, program, modifications, adaptations, placement, teaching methodology, and transitional services and activities for students with disabilities who are accessing the general education curriculum and the Virginia Standards of Learning through an aligned curriculum;

(3) Be able to write educationally relevant IEP goals and objectives that address self-care and self-management of student physical, sensory, and medical needs that also enhance academic success in the adapted curriculum.

  1. Instructional methods and strategies for the adapted curriculum.

An understanding and application of service delivery, curriculum, and instruction of students with disabilities, including:

a. Curriculum development that includes a scope and sequence, lesson plans, instructional methods, and assessments that are based on grade level content standards;

b. Foundational knowledge of reading and writing that includes an understanding of the complex nature of language acquisition and reading, such as those found in the professional studies requirements in 8VAC40-543-140. Skills in this area include phonemic and other phonological awareness, an understanding of sound and symbol relationships, explicit phonics instruction, syllables, phonemes, morphemes, decoding skills, word attack skills, and knowledge of how phonics, syntax, and semantics interact. Additional skills shall include proficiency in a wide variety of comprehension strategies and writing, as well as the ability to foster appreciation of a variety of literature and independent reading; and reading and writing across the content areas;

c. Foundational knowledge of the complex nature of numeracy acquisition and the sequential nature of mathematics including mathematical concepts, mathematical thinking, calculation, and problem-solving;

d. Alternative ways to teach content material including curriculum adaptation and curriculum modifications;

e. Procedures to develop, provide, and evaluate instruction consistent with students' individual needs;

f. Strategies to promote successful integration of students with disabilities with their nondisabled peers;

g. Use of technology to promote student learning;

h. Structure and organization of general education classrooms and other instructional settings representing the continuum of special education services, to include field experiences;

i. Demonstrate the ability to implement individual educational planning and group instruction with students with disabilities who are accessing the general education curriculum and Virginia Standards of Learning through an aligned curriculum across the K-12 grade levels, including the ability to:

(1) Identify and apply differentiated instructional methodologies including systematic instruction, multisensory approaches, learning cognitive strategies, diverse learning styles, and technology use;

(2) Implement a blended curriculum that includes teaching academic skills using the aligned Virginia Standards of Learning and incorporating functional and essential life skills into instruction;

(3) Provide explicit instruction of reading, writing and mathematics at appropriate developmental and grade level in a cumulative manner to students with disabilities accessing the general education curriculum through an aligned curriculum;

(4) Conduct and analyze results of functional behavior assessment;

(5) Implement behavioral intervention plans incorporating positive behavioral supports;

(6) Promote the potential and capacity of individual students to meet high functional, academic, behavioral, and social expectations;

(7) Design alternative ways to teach content material including modifying and adapting the general education curriculum;

(8) Develop appropriate transition between grade levels, setting, and environments;

(9) Use assistive and instructional technology, including augmentative and alternative communication methods and systems;

(10) Implement and evaluate group management technique and individual interventions that teach and maintain emotional, behavioral, and social skills;

(11) Implement and monitor IEP specified modifications and adaptations within the general education classroom; and

(12) Integrate students in the community through collaboration with community service systems.

  1. Individualized supports and specialized care of students with significant disabilities.

a. An understanding and application of service delivery for students with significant disabilities and their unique care needs, including the ability to identify the physical, sensory, and health and medical needs of students with significant disabilities and understand how these needs impact the educational program including:

(1) Understanding of typical physical development of children and application of this knowledge in developing learning experiences for students with significant disabilities;

(2) Basic understanding of the most common medical diagnoses associated with students with significant disabilities and the impact on their functioning in school and community settings;

(3) Understanding of the role muscle tone plays in the positioning and handling of students and familiarity with common positioning equipment used in the classroom; and

(4) Understanding of alternative and augmentative communication systems and the ability to identify an appropriate communication system based on the needs of the student.

b. Understanding of the roles and responsibilities of related and support staff working in a collaborative setting and the process and procedures related to initiating a related service request.

c. Ability to develop lesson plans that blend and incorporate the academic, functional, and behavioral goals and objectives, while integrating positioning, self-help, feeding, grooming, sensory, and toileting programs into the instructional delivery.

  1. Transitioning.

Demonstrate the ability to prepare students and work with families to provide successful student transitions throughout the educational experience to include postsecondary education, training, employment, and independent living that addresses an understanding of long-term planning, age-appropriate transition assessments, career development, life skills, community experiences and resources, and self-determination to include goal setting, decision-making, problem-solving, self-awareness and self-advocacy, guardianship, and other legal considerations.

a. Skills in consultation, case management, and collaboration for students with varying degrees of disability severity, including.

(1) Coordinate service delivery with general educators including career and technical educators and school counselors, related services providers, and other providers;

(2) Awareness of community resources agencies and strategies to interface with community agencies when developing and planning IEPs;

(3) Knowledge of related services and accommodations that pertain to postsecondary transitions that increase student access to postsecondary education and community resources; and

(4) Ability to coordinate and facilitate meetings involving parents, students, outside agencies, and administrators to include the understanding of consent to share information, including confidentiality and disability disclosure.

b. Understand the difference between entitlement and eligibility for agency services as students move to the adult world, including a basic understanding of Social Security Income benefits planning, work incentive, Medicaid, community independent living, and waivers.

c. Recognize uses of technology and seek out technology at postsecondary settings that shall aid the student in their education, work, and independent living.

d. Recognize and plan for individual student potential and their capacity to meet high academic, behavioral, and social expectations and the impact of academic and social success on personal development.

e. Knowledge of person-centered planning strategies to promote student involvement in planning.

f. Knowledge of generic skills that lead to success in school, work, and community, including time management, preparedness, social interactions, and communication skills.

g. Understand social skill development and the unique social skills deficits and challenges associated with disabilities:

(1) Assesses social skill strengths and needs; and

(2) Plans and uses specialized social skills strategies.

h. Knowledge of use and implementation of vocational assessments to encourage and support students' advocacy and self-determination skills.

i. Knowledge of legal issues surrounding age of majority and guardianship.

j. Knowledge of graduation requirements, diploma options and legal issues surrounding age of majority, and guardianship.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  2. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes.

C. Completion of supervised classroom experiences with students with disabilities and an adapted curriculum K-12.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-470 Special education blindness and visual impairments preK-12

The program in special education visual impairments preK-12 is designed to ensure through course work and field experiences in a variety of settings that the candidate has demonstrated the following competencies:

  1. Understanding of the characteristics of individuals with disabilities, including:

a. Developmental and cognitive characteristics of children and youth with disabilities, particularly blindness or visual impairment;

b. Language development and the effects of blindness, visual impairment, and other disabling conditions and cultural and linguistic diversity on language development;

c. Characteristics of individuals with visual impairments, including impact of visual impairment on children's social and emotional development, and family interaction patterns; and

d. Understanding of psychosocial aspects of visual impairment and cultural identity.

  1. Understanding of the foundation of the legal aspects associated with students with disabilities and students with visual impairments, including:

a. Legislative and judicial mandates related to education and special education;

b. The Individuals with Disabilities Education Act (IDEA), § 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act;

c. Legal decisions related to persons with disabilities;

d. Current regulations and procedures governing special education, including individualized education program (IEP) development, individualized family service plan (IFSP), and transition services; and

e. Disciplinary practices, policies, and procedures and alternative placements or programs in schools.

  1. Understanding of the foundation of assessment and evaluation with an emphasis on individuals with visual impairments, including:

a. Administering, scoring, and interpreting assessments, including norm-referenced, criterion-referenced, and curriculum-based individual and group assessments;

b. Administration and interpretation of a functional vision assessment (FVA), learning media assessment (LMA), and assistive technology assessment and assessment in the areas of the expanded core curriculum (ECC);

c. Interpreting assessments for eligibility, placement, and program decisions and to inform instruction;

d. Techniques to collect, record, and analyze information;

e. Diagnostic instruction using ongoing assessment data;

f. Techniques for recognizing capacity and diversity and its influence on student assessment and evaluation;

g. Using data from student program evaluation to inform curriculum development, instructional practice, and accommodations; and

h. Low vision practices and procedures, including assessment and instructional programming for functional vision.

  1. Understanding of service delivery, classroom and behavior management, and instruction for students who are blind and visually impaired, including:

a. The application of current research and evidence-based practice;

b. Classroom organization and curriculum development;

c. Curriculum adaptations and accommodations;

d. The development of language and literacy skills that align with evidence-based literacy instruction and science-based reading research;

e. The use of technology in teaching and instructing students to use assistive technologies to promote learning and provide access to the general education curriculum;

f. Classroom management, including behavior support systems and individual planning;

g. Methods and procedures for teaching students with visual impairments;

h. Instructional programming and modifications of curriculum to facilitate inclusion of students with blindness and visual impairment in programs and services with sighted and typically developing peers;

i. Individual and group behavior management techniques;

j. Career and vocational aspects of individuals with disabilities, including persons with visual impairments, including knowledge of careers, vocational opportunities, and transition from school to work; and

k. Social and recreational skills and resources for individuals with visual impairments, including methods and materials for assessing and teaching activities of daily living.

  1. Understanding of consultation, case management, and collaboration, including:

a. Coordinating service delivery with other professionals in collaborative work environments;

b. Training, managing, and monitoring paraprofessionals;

c. Involving families in the education of their children with blindness or visual impairment;

d. Implementation of collaborative models, including collaborative consultation, co-teaching, and student intervention teams; and

e. Interfacing with community agencies and resources.

  1. Understanding of the foundations of Braille reading and writing, including:

a. Teaching reading and writing of uncontracted and contracted Unified English Braille on both a Braille writer and a "slate and stylus"; and

b. Knowledge of other codes, including Nemeth, foreign language code, and music code.

  1. Understanding of anatomy, physiology, and diseases of the eye and the educational implications.

  2. Understanding principles and how to instruct in human guide techniques and pre-cane orientation and mobility instruction.

  3. Understanding of the standards of professionalism, including ethical and professional practice.

  4. Completion of supervised classroom experiences at the elementary and secondary levels with students who have visual impairments, to include those with blindness and low vision, and with individuals who may have additional disabilities.

  5. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  6. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-543-480 Special education deaf and hard of hearing preK-12

The program in special education deaf and hard of hearing preK-12 is designed to ensure through course work and field experiences in a variety of settings that the candidate has demonstrated the following competencies:

  1. Understanding of the characteristics of individuals with disabilities, including the following:

a. Developmental and cognitive characteristics of children and youth with disabilities;

b. Characteristics of individuals who are deaf or hard of hearing, including sociocultural influences and possible health-related or genetically-related problems; and

c. Foundations of the education and culture of persons who are deaf or hard of hearing.

  1. Understanding of the foundation of the legal aspects associated with students with disabilities and students who are deaf or hard of hearing including:

a. Legislative and judicial mandates related to education and special education;

b. The Individuals with Disabilities Education Act (IDEA), § 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act;

c. Legal decisions related to persons with disabilities;

d. Current regulations and procedures governing special education, including individualized education program (IEP) development, individualized family service plan (IFSP), and transition services; and

e. Disciplinary practices, policies, and procedures and alternative placements or programs in schools.

  1. Understanding of the foundation of assessment and evaluation with an emphasis on individuals who are deaf or hard of hearing, including:

a. Administering, scoring, and interpreting assessments, including norm-referenced, criterion-referenced, and curriculum-based individual and group assessments;

b. Interpreting assessment results for eligibility, placement, and to inform instruction, such as linking assessment results to classroom interventions;

c. Techniques to collect, record, and analyze information from observing students;

d. Data-based decision-making skills using assessment data to inform diagnostic instruction; and

e. Techniques for recognizing capacity and diversity and its influence on student assessment and evaluation.

  1. Understanding of service delivery, classroom and behavior management, and instruction, including:

a. The application of current research in practice;

b. Classroom organization and curriculum development;

c. Curriculum adaptations and accommodations;

d. The development of language and literacy skills that align with evidence-based literacy instruction and science-based reading research;

e. The use of technology to promote student learning;

f. Classroom and behavior management, including behavior support systems and individual planning;

g. Evidence-based strategies and procedures for teaching persons who are deaf or hard of hearing;

h. Instructional programming and modifications of curriculum to facilitate inclusion of students with disabilities into the continuum of programs and services with peers without disabilities;

i. Strategies to promote successful socialization of students who are deaf or hard of hearing with their hearing peers; and

j. Career and vocational skill development of individuals with disabilities, including persons who are deaf or hard of hearing and who may have additional needs.

  1. Skills in consultation, case management, and collaboration, including:

a. Coordinating service delivery with other professionals in collaborative work environments;

b. Training, managing, and monitoring paraprofessionals;

c. Implementation of collaborative models, including collaborative consultation, co-teaching, and student intervention teams;

d. Involving families in the education of their children with disabilities; and

e. Cooperating with community agencies and resources.

  1. Understanding of speech, hearing, and language development, including:

a. Speech, hearing, and language development and the effects of sensory loss and cultural diversity on typical language development;

b. How to promote development of listening and spoken language skills in children who are deaf or hard of hearing and how to promote development of American Sign Language skills in children who are deaf or hard of hearing;

c. Anatomy of speech structures, auditory and visual mechanisms, production, transmission, and psychophysical characteristics of sound; and

d. General and specific effects of having partial or no hearing on production and reception of speech and on English language development.

  1. Understanding of audiology, including:

a. Diagnostic evaluation, testing procedures, and interpreting audiology reports to inform instruction in and expectations for development of listening and spoken language skills; and

b. Characteristics of individual, group amplification, and assistive listening devices, including cochlear implant systems, hearing aids, FM systems, sound field systems with emphasis on utilization in educational environments.

  1. Understanding of various communication modalities to include cued speech, speech reading, listening, signed language, and spoken language.

  2. Demonstrated proficiency in expressive and receptive sign language, to include American Sign Language and contact varieties.

  3. Understanding of the standards for professionalism.

  4. Completion of supervised classroom experiences at the elementary and secondary levels with students who are deaf or hard of hearing, including those with additional disabilities.

  5. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  6. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-543-490 Special education early childhood (birth through age five)

The program in special education early childhood (birth through age five) is designed to ensure through course work and field experiences in a variety of settings that the candidate has demonstrated the following competencies:

  1. Understanding of the nature and characteristics of major disabling and at-risk conditions, including:

a. Pathways for service delivery to the birth-through-age-five population;

b. An overview of early intervention and early childhood special education;

c. Historical perspective of special education; and

d. Awareness of cultural and linguistic diversity.

  1. Understanding of the foundation of the legal aspects associated with students with disabilities, including:

a. Legislative and judicial mandates related to education and special education;

b. The Individuals with Disabilities Education Act (IDEA), § 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act;

c. Legal decisions related to persons with disabilities;

d. Current regulations and procedures governing special education to include individualized education program (IEP) development and individualized family service plan (IFSP); and

e. Disciplinary practices, policies, and procedures and alternative placements and programs in schools.

  1. Knowledge of the selection, administration, and interpretation of formal and informal assessment techniques for young children with disabling and at-risk conditions and their families, including:

a. Eligibility and diagnosis of disabling and at-risk conditions;

b. Progress monitoring for growth compared to same age, typically developing peers and functioning in environments where same age peers would normally attend to include settings that the families choose;

c. Program development and improvement; and

d. Curriculum-based assessments for instructional planning.

  1. Understanding of the methods for providing instructional programs for early intervention, including:

a. Service delivery options;

b. Development of individualized education programs (IEPs) and individualized family service plans (IFSPs);

c. Curriculum development and implementation to ensure developmentally appropriate intervention techniques in the areas of self-help, motor, cognitive, social and emotional, and language;

d. Service delivery to support success and functionality in all settings where same age, typically developing peers would be located; and

e. Response and recognition of tiered instruction.

  1. Understanding of teaching social and emotional skills to assist with behavior management and the application of principles of learning and child development to individual and group management using a variety of techniques that are appropriate to the age of that child.

  2. Understanding of speech and language development and intervention methods, including the effects of disabling and at-risk conditions on young children, including:

a. Developmental stages of language acquisition and communication;

b. Cultural and linguistic diversity;

c. English learner language acquisition; and

d. Use of language to get needs and wants met and use of functional communication for social interaction.

  1. Understanding of and experiences with the medical aspects of young children with disabling and at-risk conditions and the management of neuro-developmental and motor disabilities, including:

a. Emergency care and the role of health care professionals in the lives of individuals with disabilities; and

b. Use and effects of medications and treatments.

  1. Skills in consultation, case management, collaboration, coaching, mentoring, and co-teaching, including techniques in working with children, families, educators, related service providers, and other human service professionals that include:

a. Service coordination;

b. Interagency coordination;

c. Inclusive practices and least restrictive environments;

d. Transition facilitation; and

e. Training, managing, and monitoring paraprofessionals.

  1. Understanding of the theories and techniques of family-centered intervention, including:

a. Cultural and linguistic influences; and

b. Family dynamics.

  1. Understanding of the standards of professionalism.

  2. Completion of supervised experiences at the early childhood level in a variety of settings, including to early intervention, home-based, school-based, and community-based settings.

  3. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  4. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-500 Special education general curriculum K-12

A. The program in special education is designed to ensure through course work and field experiences in a variety of settings that the candidate has demonstrated the core competencies in this section to prepare children and youth for participation in the general education curriculum and within the community to the maximum extent possible. The candidate also shall complete the competencies required under professional studies in 8VAC40-543-140, including reading and language acquisition.

  1. Foundations - Characteristics, legal, and medical aspects.

a. Knowledge of the foundation for educating students with disabilities, including:

(1) Historical perspectives, models, theories, philosophies, and trends that provide the basis for special education practice;

(2) Characteristics of children and youth with disabilities relative to age, varying levels of severity, and developmental differences manifested in cognitive, linguistic, physical, psychomotor, social, or emotional functioning;

(3) Normal patterns of development, including physical, psychomotor, cognitive, linguistic, social, or emotional development and their relationship to the various disabilities;

(4) Medical aspects of disabilities;

(5) The dynamic influence of the family system and cultural and environmental milieu and related issues pertinent to the education of students with disabilities;

(6) Educational implications of the various disabilities; and

(7) Understanding of ethical issues and the practice of accepted standards of professional behavior.

b. An understanding and application of the legal aspects, regulatory requirements, and expectations associated with identification, education, and evaluation of students with disabilities, including:

(1) Legislative and judicial mandates related to education and special education, including the Individuals with Disabilities Education Act, § 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, the No Child Left Behind Act of 2001, etc.;

(2) Current regulations governing special education (e.g., individualized education program (IEP) development; disciplinary practices, policies, and procedures; and alternative placements and programs in schools); and

(3) Rights and responsibilities of parents, students, teachers, and schools as they relate to individuals with disabilities and disability issues.

  1. Assessments and evaluation.

An understanding and application of the foundation of assessment and evaluation related to best special education practice, including:

a. Ethical issues and responsibilities in the assessment of individuals with disabilities;

b. Procedures for screening, pre-referral, referral, and eligibility determinations;

c. Factors that may influence assessment findings such as cultural, behavioral, and learning diversity;

d. A general knowledge of measurement theory and practice, including validity, reliability, norming, bias, sensitivity, and specificity;

e. Administration, scoring, and interpretation of commonly used individual and group instruments, including norm-referenced, criterion-referenced, and curriculum-based measures, as well as task analysis, observation, portfolio, and environmental assessments;

f. Synthesis and interpretation of assessment findings for eligibility, program planning, and program evaluation decisions; and

g. Knowledge of the Virginia Accountability System, assessment options, and procedures for participation for students with disabilities.

  1. Management of instruction and behavior.

An understanding and application of classroom and behavior management techniques and individual interventions, including techniques that:

a. Promote emotional well-being and teach and maintain behavioral conduct and skills consistent with norms, standards, and rules of the educational environment;

b. Address diverse approaches to classroom organization and set-up based upon culturally responsive behavioral, cognitive, affective, social, and ecological theory and practice;

c. Provide positive behavioral supports; and

d. Are based on functional assessment of behavior.

  1. Collaboration.

a. Skills in consultation, case management, and collaboration, including coordination of service delivery with related service providers, general educators, and other professions in collaborative work environments to include:

(1) Understanding the Standards of Learning, the structure of the curriculum, and accountability systems across K-12;

(2) Understanding and assessing the organization and environment of general education classrooms across the K-12 setting;

(3) Implementation of collaborative models, including collaborative consultation, co-teaching with co-planning, and student intervention teams;

(4) Procedures to collaboratively develop, provide, and evaluate instructional and behavioral plans consistent with students' individual needs;

(5) Understanding the roles and responsibilities of each member of the collaborative team; and

(6) Knowledge and application of effective communication strategies and culturally responsive strategies with a variety of stakeholders in the collaborative environment;

b. Training, managing, and monitoring paraprofessionals;

c. Involvement of families in the education of their children with disabilities;

d. Understanding the standards of professionalism;

e. Cooperating with community agencies and other resource providers; and

f. Models and strategies for promoting students' self-advocacy skills.

B. The program in special education general curriculum K-12 shall ensure through coursework and field experiences in a variety of settings that the candidate seeking endorsement in special education general curriculum K-12 has the special education core competencies and the specific competency requirements specified in this section.

  1. Characteristics.

a. Demonstrate knowledge of definitions, characteristics, and learning and behavioral support needs of students with disabilities whose cognitive and functional skills are not significantly different from typically developing peers and therefore require access to the general education curriculum for an appropriate education, including students with:

(1) Autism spectrum disorder;

(2) Deaf-blindness;

(3) Developmental delay;

(4) Emotional disability;

(5) Hearing impairment, including deaf and hard of hearing;

(6) Intellectual disability;

(7) Learning disability;

(8) Multiple disabilities;

(9) Orthopedic impairment;

(10) Other health impairment;

(11) Speech-language impairment;

(12) Traumatic brain injury; and

(13) Visual impairment, including blindness.

b. Knowledge of characteristics shall include:

(1) Age-span and developmental issues;

(2) Levels of severity;

(3) Cognitive functioning;

(4) Language development;

(5) Emotional and behavioral adjustment;

(6) Social development;

(7) Medical aspects; and

(8) Cultural, ethnic, and socioeconomic factors.

  1. Individualized education program development and implementation.

a. Demonstrate knowledge of the eligibility process and legal and regulatory requirements for IEP development, including timelines, components, team composition, roles, and responsibilities.

b. Apply knowledge of content standards, assessment, and evaluation throughout the K-12 grade levels to:

(1) Construct, use, and interpret a variety of standardized and nonstandardized data collection techniques, such as task analysis, observation, portfolio assessment, and other curriculum-based measures;

(2) Make decisions about student progress, instruction, program, accommodations, placement, teaching methodology, and transition services and activities for students with disabilities who are accessing the general education curriculum and the Virginia Standards of Learning; and

(3) Develop an individualized education program (IEP) that addresses the academic and functional needs of the student with disabilities in the general education curriculum and meets regulatory requirements.

  1. Instructional strategies for reading and writing.

An understanding and application of service delivery, curriculum, and instruction of students with disabilities, including:

a. Curriculum development that includes a scope and sequence, lesson plans, instructional methods, and assessments that are based on the general education curriculum Virginia Standards of Learning at the elementary, middle, and secondary levels. Coursework needs to be grounded in evidence-based literacy instruction and science-based reading research;

b. Foundational knowledge of reading and writing that includes an understanding of the complex nature of language acquisition and reading, such as reading competencies found in the professional studies requirements. Skills in this area include: phonemic awareness, an understanding of sound and symbol relationships, explicit phonics instruction, syllables, phonemes, morphemes, decoding skills, word attack skills, and knowledge of how phonics, syntax, semantics, and how sentence structure can impact reading comprehension. Additional skills shall include proficiency in a wide variety of comprehension, vocabulary, and the process of planning, drafting, revising, editing and publishing, as well as understanding the importance of promoting independent reading by selecting literary and informational texts of appropriate yet engaging topics to foster appreciation of a variety of literature and reading and writing across content areas;

c. Alternative ways to teach content material including curriculum adaptation and curriculum modifications;

d. Procedures to develop, provide, and evaluate instruction consistent with students' individual needs;

e. Strategies to promote successful integration of students with disabilities with their nondisabled peers;

f. Use of technology to promote student learning;

g. Structure and organization of general education classrooms and other instructional settings representing the continuum of special education services, to include field experiences; and

h. Demonstrate the ability to implement individual educational planning and group instruction with students with disabilities who are accessing the general education curriculum across the K-12 grade levels, including the ability to:

(1) Identify and apply differentiated instructional methodologies including systematic instruction, multisensory approaches, learning cognitive strategies, study skills, diverse learning styles, and technology use;

(2) Teach skills and remediate deficits in academic areas at the elementary, middle, and secondary levels;

(3) Provide explicit instruction of reading and writing at appropriate developmental and grade level in a systematic and cumulative manner to students with disabilities who are accessing the general education curriculum;

(4) Promote the potential and capacity of individual students to meet high academic, behavioral, and social expectations;

(5) Design alternative ways to teach content material including modifying curriculum in both directive and nondirective methodologies;

(6) Use assistive and instructional technology in order to access the general education curriculum;

(7) Implement and evaluate group management techniques and individual interventions that teach and maintain emotional, behavioral, and social skills; and

(8) Implement and monitor IEP specified accommodations within the general education classroom.

  1. Instructional strategies for mathematics.

An understanding and application of service delivery, curriculum, and instruction of students with disabilities, including:

a. Curriculum development that includes a scope and sequence, lesson plans, instructional methods, and assessments that are based on the general education curriculum Virginia Standards of Learning at the elementary, middle, and secondary levels;

b. Foundational knowledge of the complex nature of numeracy acquisition and nature of mathematics including mathematical concepts, mathematical thinking, mathematics vocabulary, calculation, and problem-solving;

c. Alternative ways to teach content material including curriculum adaptation and curriculum modifications;

d. Procedures to develop, provide, and evaluate instruction consistent with students' individual needs;

e. Strategies to promote successful integration of students with disabilities with their nondisabled peers;

f. Use of technology to promote student learning;

g. Structure and organization of general education classrooms and other instructional settings representing the continuum of special education services, to include field experiences;

h. Demonstrate the ability to implement individual educational planning and group instruction with students with disabilities who are accessing the general education curriculum across the K-12 grade levels, including the ability to:

(1) Identify and apply differentiated instructional methodologies including systematic instruction, multisensory approaches, learning cognitive strategies, study skills, diverse learning styles, and technology use;

(2) Teach skills and remediate deficits in academic areas at the elementary, middle, and secondary levels;

(3) Provide explicit instruction in mathematics at appropriate developmental and grade level in a systematic and cumulative manner to students with disabilities who are accessing the general education curriculum;

(4) Promote the potential and capacity of individual students to meet high academic, behavioral, and social expectations;

(5) Design alternative ways to teach content material including modifying curriculum in both directive and nondirective methodologies;

(6) Use assistive and instructional technology in order to access the general education curriculum;

(7) Implement and evaluate group management techniques and individual interventions that teach and maintain emotional, behavioral, and social skills; and

(8) Implement and monitor IEP specified accommodations within the general education classroom.

  1. Transitioning.

Demonstrate the ability to prepare students and work with families to provide successful student transitions throughout the educational experience to include postsecondary education, training, employment, and independent living that addresses an understanding of long-term planning, transition assessments, career development, life skills, community experiences and resources, self-advocacy, and self-determination, guardianship, and legal considerations.

a. Skills in consultation, case management, and collaboration for students with varying degrees of disability severity;

(1) Coordinate service delivery with general educators, related service providers, and other providers;

(2) Awareness of community resources agencies and strategies to interface with community agencies when developing and planning IEPs;

(3) Knowledge of related services and accommodations that pertain to postsecondary transitions that increase student access to postsecondary education and community resources and;

(4) Ability to coordinate and facilitate meetings involving parents, students, outside agencies, and administrators.

b. Understand the difference between entitlement and eligibility for agency services as students move to the adult world including a basic understanding of Social Security Income benefits planning, work incentive, Medicaid, and community independent living.

c. Recognize uses of technology and seek out technology at postsecondary settings that shall aid the student in their education, work, and independent living.

d. Recognize and plan for individual student potential and their capacity to meet high academic, behavioral, and social expectations and the impact of academic and social success on personal development:

(1) Knowledge of person-centered planning strategies to promote student involvement in planning; and

(2) Knowledge of generic skills that lead to success in school, work, and community, including time management, preparedness, social interactions, and communication skills.

e. Understand social skill development and the unique social skills deficits and challenges associated with disabilities:

(1) Assess social skill strengths and needs; and

(2) Plan and use specialized social skills strategies.

f. Knowledge of use and implementation of vocational assessments to encourage and support students' self-advocacy and self-determination skills.

g. Knowledge of graduation requirements, diploma options, and legal issues surrounding age of majority and guardianship.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  2. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes.

C. Completion of supervised classroom experiences with students with disabilities and the general curriculum K-12.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 42, Issue 3, eff. November 6, 2025.
8VAC20-543-510 Special education – general curriculum elementary education K-6 (add-on endorsement)

The program in special education - general curriculum elementary education K-6 (add-on endorsement) shall ensure that the candidate holds an active license with an endorsement in elementary education (early/primary education preK-3/elementary education preK-6) issued by the Virginia Board of Education and has demonstrated the following competencies. The candidate must:

  1. Hold a license issued by the Virginia Board of Education with an endorsement in elementary education (early/primary education preK-3/elementary education preK-6);

  2. Have completed competencies in the education of students with disabilities distributed in each of the following areas:

a. Foundations. Characteristics that include knowledge of the foundation for educating students with disabilities; historical, ethical, and legal aspects that include an understanding and application of the federal and state regulatory requirements; and expectations associated with identification, education, and evaluation of students with disabilities.

b. Individualized education program (IEP) development and implementation.

(1) Knowledge of the eligibility process, legal, and regulatory requirements of IEP development including timelines, components, team composition, roles, and responsibilities.

(2) Skills in this area include the ability to apply knowledge of assessment and evaluation throughout the K-12 grade levels to construct, use, and interpret a variety of standardized and nonstandardized data collection techniques; to make decisions about student progress, instructional, program, goal development, accommodations, placement, and teaching methodology for students with disabilities who are accessing the general education curriculum and the Virginia Standards of Learning; and to demonstrate the use of assessment, evaluation, and other information to develop and implement individual educational planning and group instruction with students with disabilities who are accessing the general education curriculum across the K-12 grade levels.

c. Assessment and evaluation.

(1) Understanding and application of the foundation of assessment and evaluation related to best practice in special education; including types and characteristics of assessment, introduction to formal and informal assessment, and use of assessments and other information to determine special education eligibility, service delivery, curriculum, and instruction of students with disabilities.

(2) Understanding of the current legal and ethical issues related to assessment selection and use, including comprehensive evaluation requirements, students with disabilities participation in the state and local accountability systems, assessment options, appropriate grading and testing accommodations, and assessment of students from diverse backgrounds.

d. Instructional strategies in reading and writing.

(1) An understanding and application of service delivery, curriculum, and instruction of students with disabilities in reading and writing.

(2) Knowledge of the general curriculum, English requirements, and expectations, and how to provide access to the curriculum based on student characteristics and needs.

(3) Ability to assess, interpret data, and implement instructional practices to address the identified reading needs of the students. Skills in this area include the ability to identify, understand, and implement a range of specialized instructional strategies and research-based interventions that reflect best practice in reading and writing instruction for students with disabilities.

(4) Ability to align the instructional practices and intervention with the Virginia Standards of Learning and state assessments.

(5) Knowledge and ability to utilize current assistive and instructional reading and writing technologies to promote learning and independence for students with disabilities in the general curriculum and the ability to evaluate the effectiveness of the use of the technologies.

(6) Ability to develop and use curriculum-based and standardized reading and writing assessments to conduct ongoing evaluations of instructional materials and practices to determine effectiveness and assess student needs as it relates to the curriculum design and delivery.

(7) Ability to model and directly teach reading and writing instructional strategies in a variety of settings and collaborate and co-teach with general educators to develop and implement instructional practices that meet the needs of students with disabilities in the general curriculum and monitor student progress.

e. Instructional strategies in mathematics.

(1) An understanding and application of service delivery, curriculum, and instruction of students with disabilities in mathematics.

(2) Knowledge of the general curriculum mathematics requirements and expectations and how to provide access to the curriculum based on student characteristics and needs.

(3) Ability to assess, interpret data, and implement instructional practices to address calculations, reasoning, and problem-solving skills. Skills in this area include the ability to understand and use a range of specialized mathematics instructional strategies and research-based interventions that reflect best practice in mathematics instruction for students with disabilities.

(4) Ability to align the instructional practices and intervention with the Virginia Standards of Learning and state assessments.

(5) Knowledge of and ability to utilize current mathematics related assistive and instructional technologies to promote learning and independence for students with disabilities in the general curriculum and the ability to evaluate the effectiveness of the use of the technologies.

(6) Ability to develop and use curriculum-based and standardized mathematics assessments to conduct ongoing evaluations of instructional materials and practices to determine effectiveness and assess student needs as related to the mathematics curriculum design and delivery.

(7) Ability to model and directly teach mathematics instructional strategies in a variety of settings and collaborate and co-teach with general educators to develop and implement instructional practices that meet the needs of students with disabilities in the mathematics general curriculum and monitor student progress.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  2. 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.

  3. The program shall include a practicum that shall include a minimum of 45 instructional hours of successful teaching experiences with students with disabilities accessing the general curriculum in a public or accredited nonpublic school.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-520 Special education – general curriculum middle education grades 6-8 (add-on endorsement)

The program in special education - general curriculum middle education grades 6–8 (add-on endorsement) shall ensure that the candidate holds an active license with an endorsement in middle education (middle education 6–8 English, middle education 6–8 history and social sciences, middle education 6–8 mathematics, or middle education 6–8 sciences) issued by the Virginia Board of Education and has demonstrated the following competencies. The candidate must:

  1. Hold a license issued by the Virginia Board of Education with an endorsement in middle education (middle education 6–8 English, middle education 6–8 history and social sciences, middle education 6–8 mathematics, or middle education 6–8 sciences).

  2. Have completed competencies in the education of students with disabilities distributed in each of the following areas:

a. Foundations. Characteristics that include knowledge of the foundation for educating students with disabilities; historical, ethical, and legal aspects that include an understanding and application of the federal and state regulatory requirements; and expectations associated with identification, education, and evaluation of students with disabilities.

b. Individualized education program (IEP) development and implementation. Knowledge of the eligibility process and legal and regulatory requirements of IEP development including timelines, components, team composition, roles, and responsibilities. Skills in this area include the ability to apply knowledge of assessment and evaluation throughout the K-12 grade levels to construct, use, and interpret a variety of standardized and nonstandardized data collection techniques; to make decisions about student progress, instructional, program, goal development, accommodations, placement, and teaching methodology for students with disabilities who are accessing the general education curriculum and the Virginia Standards of Learning; and to demonstrate the use of assessment, evaluation, and other information to develop and implement individual educational planning and group instruction with students with disabilities who are accessing the general education curriculum across the K-12 grade levels.

c. Transitioning. Skills in this area include the ability to prepare students and work with families and community agencies to provide successful student transitions throughout the educational experience to include postsecondary education training, employment, and independent living which addresses an understanding of long-term planning, career development, life skills, community experiences and resources, self-advocacy, and self-determination, guardianship, and legal considerations.

d. Instructional strategies in reading and writing.

(1) An understanding and application of service delivery, curriculum, and instruction of students with disabilities in reading and writing.

(2) Knowledge of the general curriculum, English requirements and expectations, and how to provide access to the curriculum based on student characteristics and needs.

(3) Ability to assess, interpret data, and implement instructional practices to address the identified reading needs of the students. Skills in this area include the ability to identify, understand, and implement a range of specialized instructional strategies and research-based interventions that reflect best practice in reading and writing instruction for students with disabilities.

(4) Ability to align the instructional practices and intervention with the Virginia Standards of Learning and state assessments.

(5) Knowledge and ability to utilize current assistive and instructional reading and writing technologies to promote learning and independence for students with disabilities in the general curriculum and the ability to evaluate the effectiveness of the use of the technologies.

(6) Ability to develop and use curriculum-based and standardized reading and writing assessments to conduct ongoing evaluations of instructional materials and practices to determine effectiveness and assess student needs as related to the curriculum design and delivery.

(7) Ability to model and directly teach reading and writing instructional strategies in a variety of settings, collaborate and co-teach with general educators to develop and implement instructional practices that meet the needs of students with disabilities in the general curriculum, and monitor student progress.

e. Instructional strategies in mathematics.

(1) An understanding and application of service delivery, curriculum, and instruction of students with disabilities in mathematics.

(2) Knowledge of the general curriculum mathematics requirements and expectations and how to provide access to the curriculum based on student characteristics and needs.

(3) Ability to assess, interpret data, and implement instructional practices to address calculations, reasoning, and problem-solving skills. Skills in this area include the ability to understand and use a range of specialized mathematics instructional strategies and research-based interventions that reflect best practice in mathematics instruction for students with disabilities.

(4) Ability to align the instructional practices and intervention with the Virginia Standards of Learning and state assessments.

(5) Knowledge of and ability to utilize current mathematics related assistive and instructional technologies to promote learning and independence for students with disabilities in the general curriculum and the ability to evaluate the effectiveness of the use of the technologies.

(6) Ability to develop and use curriculum-based and standardized mathematics assessments to conduct ongoing evaluations of instructional materials and practices to determine effectiveness and assess student needs as it relates to the mathematics curriculum design and delivery.

(7) Ability to model and directly teach mathematics instructional strategies in a variety of settings, collaborate and co-teach with general educators to develop and implement instructional practices that meet the needs of students with disabilities in the mathematics general curriculum, and monitor student progress.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  2. 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.

  3. The program shall include a practicum that shall include a minimum of 45 instructional hours of successful teaching experiences with students with disabilities accessing the general curriculum in a public or accredited nonpublic school.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-530 Special education – general curriculum secondary education grades 6-12 (add-on endorsement)

The program in special education - general curriculum secondary education grades 6–12 (add-on endorsement) shall ensure that the candidate holds an active license with an endorsement in English, history and social sciences, mathematics, biology, chemistry, Earth science, or physics issued by the Virginia Board of Education and has demonstrated the following competencies. The candidate must:

  1. Hold a license issued by the Virginia Board of Education with an endorsement in English, history and social sciences, mathematics, biology, chemistry, Earth science, or physics.

  2. Have completed competencies in the education of students with disabilities distributed in each of the following areas:

a. Foundations. Characteristics that include knowledge of the foundation for educating students with disabilities; historical, ethical, and legal aspects that include an understanding and application of the federal and state regulatory requirements; and expectations associated with identification, education, and evaluation of students with disabilities.

b. Individualized education program development and implementation. Knowledge of the eligibility process and legal and regulatory requirements of IEP development including timelines, components, team composition, roles, and responsibilities. Skills in this area include the ability to apply knowledge of assessment and evaluation throughout the K-12 grade levels to construct, use, and interpret a variety of standardized and nonstandardized data collection techniques; to make decisions about student progress, instructional, program, goal development, accommodations, placement, and teaching methodology for students with disabilities who are accessing the general education curriculum and the Virginia Standards of Learning; and to demonstrate the use of assessment, evaluation, and other information to develop and implement individual educational planning and group instruction with students with disabilities who are accessing the general education curriculum across the K-12 grade levels.

c. Transitioning. Skills in this area include the ability to prepare students and work with families and community agencies to provide successful student transitions throughout the educational experience to include postsecondary education training, employment, and independent living which addresses an understanding of long-term planning, career development, life skills, community experiences and resources, self-advocacy, and self-determination, guardianship, and legal considerations.

d. Instructional strategies in reading and writing.

(1) An understanding and application of service delivery, curriculum, and instruction of students with disabilities in reading and writing.

(2) Knowledge of the general curriculum, English requirements and expectations, and how to provide access to the curriculum based on student characteristics and needs.

(3) Ability to assess, interpret data, and implement instructional practices to address the identified reading needs of the students. Skills in this area include the ability to identify, understand, and implement a range of specialized instructional strategies and research-based interventions that reflect best practice in reading and writing instruction for students with disabilities.

(4) Ability to align the instructional practices and intervention with the Virginia Standards of Learning and state assessments.

(5) Knowledge and ability to utilize current assistive and instructional reading and writing technologies to promote learning and independence for students with disabilities in the general curriculum and the ability to evaluate the effectiveness of the use of the technologies.

(6) Ability to develop and use curriculum-based and standardized reading and writing assessments to conduct ongoing evaluations of instructional materials and practices to determine effectiveness and assess student needs as related to the curriculum design and delivery.

(7) Ability to model and directly teach reading and writing instructional strategies in a variety of settings, collaborate and co-teach with general educators to develop and implement instructional practices that meet the needs of students with disabilities in the general curriculum, and monitor student progress.

e. Instructional strategies in mathematics.

(1) An understanding and application of service delivery, curriculum, and instruction of students with disabilities in mathematics.

(2) Knowledge of the general curriculum mathematics requirements and expectations and how to provide access to the curriculum based on student characteristics and needs.

(3) Ability to assess, interpret data, and implement instructional practices to address calculations, reasoning, and problem-solving skills. Skills in this area include the ability to understand and use a range of specialized mathematics instructional strategies and research-based interventions that reflect best practice in mathematics instruction for students with disabilities.

(4) Ability to align the instructional practices and intervention with the Virginia Standards of Learning and state assessments.

(5) Knowledge of and ability to utilize current mathematics related assistive and instructional technologies to promote learning and independence for students with disabilities in the general curriculum and the ability to evaluate the effectiveness of the use of the technologies.

(6) Ability to develop and use curriculum-based and standardized mathematics assessments to conduct ongoing evaluations of instructional materials and practices to determine effectiveness and assess student needs as it relates to the mathematics curriculum design and delivery.

(7) Ability to model and directly teach mathematics instructional strategies in a variety of settings, collaborate and co-teach with general educators to develop and implement instructional practices that meet the needs of students with disabilities in the mathematics general curriculum, and monitor student progress.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  2. 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.

  3. The program shall include a practicum that shall include a minimum of 45 instructional hours of successful teaching experiences with students with disabilities accessing the general curriculum in a public or accredited nonpublic school.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-540 Speech communication (add-on endorsement)

The program in speech communication shall ensure that the candidate holds an active license with a teaching endorsement or endorsements issued by the Virginia Board of Education and has demonstrated the following competencies:

  1. Understanding and knowledge of oral communication, including language acquisition involving the processes of expressive and receptive language and voice production involving the aesthetics of speech;

  2. Understanding and knowledge of common speech production patterns, including articulation, pronunciation, and dialectical variances as these relate to standard English patterns;

  3. Understanding the components of effective messages, including appropriate use of language, voice and diction, and nonverbal elements;

  4. Understanding of and proficiency in effective communication, including interpersonal communication, small group communication, skills contributing to effective listening, the art of persuasion, oral interpretation, group discussion, mass communication, public speaking, and debate, verbal and nonverbal messages, and the ability to critique such communication interactions;

  5. Understanding media, digital, and visual literacy and the skills to evaluate and utilize these literacies in presentations;

  6. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing;

  7. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes;

  8. Skills necessary to teach research including ethical accessing, evaluating, organizing, crediting, and synthesizing information as needed for speech communication; and

  9. Knowledge of the Virginia Computer Technology Standards of Learning and their integration into Speech Communication.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-550 Theatre arts preK-12

The program in theatre arts preK-12 shall ensure that the candidate has demonstrated the following competencies:

  1. Understanding of the knowledge, skills, and processes of the theatre arts discipline as defined in the Virginia Standards of Learning and how these provide a necessary foundation integral to teaching theatre arts.

  2. Understanding of the knowledge, skills, and processes for teaching theatre arts to the developmental levels and academic needs of students in preK-12, including the following:

a. Experience in planning, developing, administering, and evaluating a program of theatre arts education;

b. Knowledge and understanding for teaching theatre arts, including performance and production; theatre history and cultural context; analysis, evaluation, and critique; and aesthetics;

c. Knowledge and understanding in directing;

d. Knowledge and understanding in technical theatre, including lighting, set design, stage craft, costuming, makeup, and safety;

e. Knowledge and understanding in performance, including acting and acting styles;

f. Knowledge and understanding in dramatic literature;

g. Knowledge and understanding of the relationship of theatre and culture and the influence of theatre on past and present culture;

h. Knowledge and understanding of technological and artistic copyright laws;

i. Knowledge and understanding of classroom management and safety, including performance and studio and use of toxic art materials in various aspects of theatre arts production, performance, and the classroom;

k. Knowledge of instructional and assessment strategies to foster, support, and enhance student theatre arts learning;

l. Knowledge of related areas of theatre arts, such as art, dance arts, music, and the visual arts;

m. Knowledge and understanding of technology, with applications for instruction, resources, artistic expression, administration, assessment, and communication;

n. Knowledge and understanding of appropriate and sensitive attention to diversity and cultural understanding; and

o. Observation and student teaching experiences at the elementary, middle, and secondary levels.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  2. 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-560 Visual arts preK-12

The program in visual arts preK-12 shall ensure that the candidate has demonstrated the following competencies:

  1. Understanding of the knowledge, skills, and processes of the visual arts discipline as defined in the Virginia Standards of Learning, and how they provide a necessary foundation for teaching the visual arts;

  2. Understanding of the knowledge, skills, and processes for teaching art appropriate to the developmental levels and academic needs of students in preK-12 including the following:

a. Knowledge and experience in planning, developing, administering, and evaluating a program of visual arts education;

b. Two-dimensional media and concepts: basic and complex techniques and concepts in two-dimensional design, drawing, painting, printmaking, computer graphics, and other electronic imagery;

c. Three-dimensional media and concepts: basic and complex techniques and concepts in three-dimensional design, sculpture, ceramics, fiber arts, crafts, and computer and other electronic imagery;

d. Knowledge and understanding for teaching the visual arts, including visual communication and production, art history and cultural context, analysis, evaluation and critique, and aesthetics;

e. The relationship of visual arts and culture and the influence of visual arts on past and present cultures;

f. Related areas of visual arts, such as architecture, dance arts, music, theatre arts, photography, and other expressive arts;

g. Knowledge and understanding of technological and artistic copyright laws;

h. Knowledge and understanding of classroom management and safety, including use of toxic art material in various aspects of studio and classroom work;

i. Knowledge of a variety of instructional and assessment strategies to foster, support, and enhance student visual arts learning;

j. Knowledge and understanding of technology, with applications for instruction, resources, artistic expression, administration, assessment, and communication;

k. Knowledge and understanding of appropriate and sensitive attention to diversity and cultural understanding; and

l. Observation and student teaching experiences at the elementary, middle, and secondary levels.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  2. 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.

Article 4 Administration and Supervision and Support Personnel

8VAC20-543-570 Administration and supervision preK-12

A. The program in administration and supervision preK-12 shall ensure that the candidate has completed three years of successful, full-time experience in a public school or accredited nonpublic school in an instructional personnel position that requires licensure in Virginia and demonstrated the following competencies:

  1. Knowledge, understanding, and application of planning, assessment, and instructional leadership that builds collective professional capacity, including;

a. Principles of student motivation, growth, and development as a foundation for age-appropriate and grade-appropriate curriculum, instruction, and assessment;

b. Collaborative leadership in gathering and analyzing data to identify needs to develop and implement a school improvement plan that results in increased student learning;

c. Planning, implementation, and refinement of standards-based curriculum aligned with instruction and assessment;

d. Collaborative planning and implementation of a variety of assessment techniques, including examination of student work, that yield individual, class, grade level, and school level data as a foundation for identifying existing competencies and targeting areas in need of further attention;

e. Incorporation of differentiated and effective instruction that responds to individual learner needs including appropriate response to cultural, ethnic, and linguistic diversity;

f. Knowledge, understanding, and application of the federal and state regulatory requirements and expectations associated with identification, education, and evaluation of students with disabilities; comprehension of (i) key special education laws and regulations; (ii) individualized education program development; (iii) the roles and responsibilities of special education teachers; and (iv) appropriate behavior management practices;

g. Collaboratively working with parents and school personnel to ensure that students with disabilities are included as a valued part of the school community, and that they receive effective and appropriately intensive instruction to assist them in meeting the standards set for all students, as well as individual goals outlined in their individualized education plans (IEPs);

h. Integration of technology in curriculum and instruction to enhance learner understanding;

i. Identification, analysis, and resolution of problems using effective problem-solving techniques; and

j. Development, articulation, implementation, and stewardship of a vision of excellence linked to mission and core beliefs that promote continuous improvement consistent with the goals of the school division.

  1. Knowledge, understanding, and application of leadership and organizations, including;

a. The change process of systems, organizations, and individuals using appropriate and effective adult learning models;

b. Aligning organizational practice, division mission, and core beliefs for developing and implementing strategic plans;

c. Information sources and processing, including data collection and data analysis strategies;

d. Using data as a part of ongoing program evaluation to inform and lead change;

e. Developing a change management strategy for improved student outcomes;

f. Developing distributed leadership strategies to create personalized learning environments for diverse schools; and

g. Effective two-way communication skills including consensus building, negotiation, and mediation skills.

  1. Knowledge, understanding, and application of management and leadership skills that achieve effective and efficient organizational operations and sustain an instructional program conducive to student academic progress, including;

a. Alignment of curriculum and instruction and assessment of the educational program to achieve high academic success at the school and division or district level;

b. Principles and issues of supervising and leading others to ensure a working and learning climate that is safe, secure, and respectful of a diverse school community;

c. Management decisions that ensure successful teaching and learning including human resources management and development, theories of motivation, change in school culture, innovation and creativity, conflict resolution, adult learning, and professional development models;

d. Knowledge, understanding, and application of Virginia's Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers and the Guidelines for Uniform Performance Standards and Evaluation Criteria for Principals;

e. Principles and issues related to fiscal operations of school management;

f. Principles and issues related to school facilities and use of space and time for supporting high-quality school instruction and student learning;

g. Legal issues impacting school operations and management;

h. Technologies that support management functions; and

i. Application of data-driven decision-making to initiate and continue improvement in school and classroom practices and student achievement.

  1. Knowledge, understanding, and application of the conditions and dynamics impacting a diverse school community, including:

a. Emerging issues and trends within school and community relations;

b. Working collaboratively with staff, families, and community members to secure resources and to support the success of a diverse population;

c. Developing appropriate public relations and public engagement strategies and processes for building and sustaining positive relationships with families, caregivers, and community partners; and

d. Integration of technology to support communication efforts.

  1. Knowledge, understanding, and application of the purpose of education and the role of professionalism in advancing educational goals, including:

a. Philosophy of education that reflects commitment to principles of honesty, fairness, caring, and equity in day-to-day professional behavior;

b. Integration of high quality, content rich, job-embedded professional learning that respects the contribution of all faculty and staff members in building a diverse professional learning community;

c. Reflective understanding of potential moral and legal consequences of decision-making in the school setting;

d. Intentional and purposeful effort to model professional, moral, and ethical standards, as well as personal integrity in all interactions; and

e. Intentional and purposeful effort to model continuous professional learning and to work collegially and collaboratively with all members of the school community to support the school's goals and enhance its collective capacity.

  1. Knowledge, understanding, and application of basic leadership theories and influences that impact schools including:

a. Concepts of leadership including systems theory, change theory, learning organizations, and current leadership theory;

b. 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.

B. Complete a deliberately structured and supervised internship that is focused on student academic progress for all students and

  1. Provides significant experiences within a school environment for candidates to synthesize and apply the content knowledge and develop professional skills through school-based leadership experiences;

  2. Shall occur in a public or accredited nonpublic school;

  3. Provides exposure to five different multiple sites, including elementary, middle, high, central office, and agency with diverse student populations; and

  4. Documents a minimum of 320 clock hours of administration and supervision internship, of which at least 120 clock hours are embedded as experiential field-based opportunities experienced during coursework.

C. Satisfy the requirements for the school leaders licensure assessment prescribed by the Board of Education. Individuals seeking an initial administration and supervision endorsement who are interested in serving as central office instructional personnel are not required to take and pass the school leaders assessment prescribed by the Board of Education.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 38, Issue 12, eff. April 1, 2022.
8VAC20-543-580 Mathematics specialist for elementary education

A. A mathematics specialist is a teacher in the elementary grades who has interest and special preparation in mathematics content, scientifically based research in the teaching and learning of mathematics, diagnostic and assessment methods, and leadership skills. The school-based mathematics specialist shall serve as a resource in professional development, instructing children who have learning difficulties in mathematics, curriculum development and implementation, mentoring new teachers, and parent and community education.

B. The mathematics specialist program shall ensure that the candidate has completed at least three years of successful classroom teaching experience in which the teaching of mathematics was an important responsibility and demonstrated the following competencies:

  1. Understanding of the knowledge, skills, and processes of the Virginia Mathematics Standards of Learning and how curriculum may be organized to teach these standards to diverse learners;

  2. Understanding of a core knowledge base of concepts and procedures within the discipline of mathematics, including the following strands: number systems and number theory; geometry and measurement; statistics and probability; and functions and algebra;

  3. Understanding of the sequential nature of mathematics, the vertical progression of mathematical standards, and the mathematical structures inherent in the content strands;

  4. Understanding of the connections among mathematical concepts and procedures and their practical applications;

  5. Understanding of and the ability to use the five processes - becoming mathematical problem-solvers, reasoning mathematically, communicating mathematically, making mathematical connections, and using mathematical models and representations - at different levels of complexity;

  6. Understanding of major current curriculum studies and trends in mathematics;

  7. Understanding how to utilize appropriate technologies for teaching and learning mathematics including virtual manipulatives;

  8. Understanding of and the ability to select, adapt, evaluate, and use instructional materials and resources, including professional journals and technology;

  9. Understanding of and the ability to use strategies for managing, assessing, and monitoring student learning, including diagnosing student errors;

  10. Understanding of and the ability to use strategies to teach mathematics to diverse learners;

  11. Understanding of leadership skills needed to improve mathematics programs at the school and division levels, including the needs of high-achieving and low-achieving students and of strategies to challenge them at appropriate levels; child psychology, including personality and learning behaviors; educational measurement and evaluation; and effective professional development approaches;

  12. Understanding of how to develop and lead appropriate professional development based on the needs of students and the school community;

  13. Understanding of how to work with school-based administration for the improvement of mathematics teaching and learning;

  14. Understanding of how to effectively mentor teachers for the improvement of mathematics teaching and learning;

  15. Understanding of how to effectively work with parents and the at-large community to improve mathematics teaching and learning;

  16. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing; and

  17. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-590 Mathematics specialist for elementary and middle education

A. A mathematics specialist is a teacher in the elementary or middle grades who has interest and special preparation in mathematics content, scientifically-based research in the teaching and learning of mathematics, diagnostic and assessment methods, and leadership skills. The school-based mathematics specialist shall serve as a resource in professional development, instructing children who have learning difficulties in mathematics, curriculum development and implementation, mentoring new teachers, and parent and community education.

B. The mathematics specialist program shall ensure that the candidate has completed at least three years of successful classroom teaching experience in a public or accredited nonpublic school in which the teaching of mathematics was an important responsibility and demonstrated the following competencies:

  1. Understanding of the knowledge, skills, and processes of the Virginia Mathematics Standards of Learning and how curriculum may be organized to teach these standards to diverse learners;

  2. Understanding of a core knowledge base of concepts and procedures within the discipline of mathematics, including the following strands: number systems and number theory; geometry and measurement; statistics and probability; and functions and algebra;

  3. Understanding of the sequential nature of mathematics, the vertical progression of mathematical standards, and the mathematical structures inherent in the content strands;

  4. Understanding of the connections among mathematical concepts and procedures and their practical applications;

  5. Understanding of and the ability to use the five processes - becoming mathematical problem-solvers, reasoning mathematically, communicating mathematically, making mathematical connections, and using mathematical models and representations - at different levels of complexity;

  6. Understanding of major current curriculum studies and trends in mathematics;

  7. Understanding how to utilize appropriate technologies for teaching and learning mathematics, including graphing utilities, dynamic software, spreadsheets, and virtual manipulatives;

  8. Understanding of and the ability to select, adapt, evaluate, and use instructional materials and resources, including professional journals and technology;

  9. Understanding of and the ability to use strategies for managing, assessing, and monitoring student learning, including diagnosing student errors;

  10. Understanding of and the ability to use strategies to teach mathematics to diverse learners;

  11. Understanding of leadership skills needed to improve mathematics programs at the school and division levels, including the needs of high-achieving and low-achieving students and of strategies to challenge them at appropriate levels; child psychology, including personality and learning behaviors; educational measurement and evaluation; and effective professional development approaches;

  12. Understanding of how to develop and lead appropriate professional development based on the needs of students and the school community;

  13. Understanding of how to work with school-based administration for the improvement of mathematics teaching and learning;

  14. Understanding of how to effectively mentor teachers for the improvement of mathematics teaching and learning;

  15. Understanding of how to effectively work with parents and the at-large community to improve mathematics teaching and learning;

  16. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing; and

  17. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
8VAC20-543-600 Reading specialist

A. The reading specialist program shall ensure that the candidate has completed at least three years of successful classroom teaching experience in a public or accredited nonpublic school and has demonstrated the following competencies:

  1. Assessment and diagnostic teaching. The candidate shall:

a. Demonstrate expertise in the use of formal and informal screening, diagnostic, and progress monitoring assessment for language proficiency, concepts of print, phonemic awareness, letter recognition, decoding, fluency, vocabulary, reading levels, and comprehension; and

b. Demonstrate expertise in the ability to use diagnostic data to inform instruction for acceleration, intervention, remediation, and differentiation.

  1. Communication: speaking, listening, media literacy. The candidate shall:

a. Demonstrate expertise in the knowledge, skills, and processes necessary for teaching communication, such as speaking, listening, and media literacy;

b. Demonstrate expertise in developing students' phonological awareness skills;

c. Demonstrate effective strategies for facilitating the learning of standard English by speakers of other languages and dialects;

d. Demonstrate an understanding of the unique needs of students with language differences and delays;

e. Demonstrate the ability to promote creative thinking and expression, such as through storytelling, drama, and choral and oral reading; and

f. Demonstrate the ability to teach students to identify the characteristics of, and apply critical thinking to, media messages and to facilitate their proficiency in using various forms of media to collaborate and communicate.

  1. Reading. The candidate shall:

a. Demonstrate expertise in explicit and systematic phonics instruction, including an understanding of sound and symbol relationships, syllables, phonemes, morphemes, decoding skills, word analysis, and word attack skills;

b. Demonstrate expertise in the morphology of English including inflections, prefixes, suffixes, roots, and word relationships;

c. Demonstrate expertise in strategies to increase vocabulary;

d. Demonstrate expertise in the structure of the English language, including and understanding of syntax, semantics, and vocabulary development;

e. Demonstrate expertise in reading comprehension strategies, including a repertoire of questioning strategies, understanding the dimensions of word meanings, teaching predicting, inferencing, summarizing, clarifying, evaluating, and making connections;

f. Demonstrate expertise in the ability to teach strategies in literal, interpretive, critical, and evaluative comprehension;

g. Demonstrate the ability to develop comprehension skills in all content areas;

h. Demonstrate the ability to foster appreciation of a variety of literature;

i. Understand the importance of promoting independent reading and reading strategically through a variety of means including by selecting fiction and nonfiction texts of appropriate yet engaging topics and reading levels; and

j. Demonstrate effective strategies for teaching students to view, interpret, analyze, and represent information and concepts in visual form with or without the spoken or written word.

  1. Writing. The candidate shall:

a. Demonstrate expertise in the knowledge, skills, and processes necessary for teaching writing, including the domains of composing and written expression and usage and mechanics and the writing process of planning, drafting, revising, editing, and sharing;

b. Demonstrate expertise in systematic spelling instruction, including awareness of the purpose and limitations of "invented spelling," orthographic patterns, and strategies for promoting generalization of spelling study to writing; and

c. Demonstrate expertise to teach the writing process: plan, draft, revise, edit, and share in the narrative, descriptive, and explanative modes.

  1. Technology. The candidate shall demonstrate expertise in their use of technology for both process and product as they work to guide students with reading, writing, and research.

  2. Leadership, coaching, and specialization. The candidate shall:

a. Demonstrate an understanding of developmental psychology, including personality and learning behaviors;

b. Demonstrate an understanding of the needs of high achieving students and of strategies to challenge them at appropriate levels;

c. Demonstrate an understanding of the significance of cultural contexts upon language;

d. Demonstrate an understanding of varying degrees of learning disabilities;

e. Demonstrate expertise with educational measurement and evaluation, including validity, reliability, and normative comparisons in test design and selections;

f. Demonstrate expertise to interpret grade equivalents, percentile ranks, normal curve equivalents, and standards scores;

g. Demonstrate the ability to instruct and advise teachers in the skills necessary to differentiate reading instruction for both low and high achieving readers;

h. Demonstrate the ability to coach and support teachers through classroom observations, demonstrations, co-teaching, and other forms of job-embedded professional development;

i. Demonstrate the ability to organize and supervise the reading program within the classroom, school, or division;

j. Demonstrate effective communication skills in working with a variety of groups, including parents, teachers, administrators, and community leaders;

k. Demonstrate knowledge of current research and exemplary practices in English and reading;

l. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing;

m. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes; and

n. Complete a supervised practicum or field experience in the diagnosis and remediation of reading difficulties in a public or accredited nonpublic school.

B. Each education preparation program offered by a public institution of higher education or private institution of higher education that leads to a degree, concentration, or certificate for reading specialists shall include a program of coursework and other training in the identification of and the appropriate interventions, accommodations, and teaching techniques for students with dyslexia or a related disorder. Such program shall (i) include coursework in the constructs and pedagogy underlying remediation of reading, spelling, and writing and (ii) require reading specialists to demonstrate mastery of an evidence-based, structured literacy instructional approach that includes explicit, systematic, sequential, and cumulative instruction.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 37, Issue 2, eff. October 14, 2020.
8VAC20-543-610 School counselor preK-12

The school counselor preK-12 program shall ensure that the candidate has completed two years of successful, full-time teaching experience or two years of successful full-time experience in school counseling in a public or an accredited nonpublic school. Two years of successful, full-time experience in school counseling in a public or an accredited nonpublic school under a nonrenewable Provisional License may be accepted to meet this requirement. The program shall ensure that the candidate must demonstrated the following competencies:

  1. The ability to support students by cooperatively working with parents and guardians and teachers.

  2. Understanding of the principles and theories of human growth and development throughout the lifespan and their implications for school counseling.

  3. Understanding of the social and cultural foundations of education and their implications for school counseling programs.

  4. Understanding of lifespan career development.

  5. Understanding of the skills and processes for counseling students to include:

a. Individual and group counseling for academic development;

b. Individual and group counseling for career development; and

c. Individual and group counseling for personal and social development.

  1. Understanding of the knowledge, skills, and processes for providing developmental group counseling, including:

a. Academic development;

b. Career development; and

c. Personal and social development.

  1. Understanding of the skills and processes related to the school counseling program at the elementary, middle, and secondary levels, including:

a. Characteristics of learners at the elementary, middle, and secondary levels;

b. Program planning;

c. Coordination; and

d. Consultation.

  1. Understanding of the knowledge, skills, and processes of student appraisal and assessment relative to school counseling programs, including:

a. Individual assessment; and

b. Group assessment.

  1. Understanding of the school counseling professional, including:

a. Legal considerations;

b. Ethical considerations; and

c. Professional issues and standards.

  1. Understanding of the skills and processes of research and evaluation aimed at improving school counseling programs.

  2. Understanding work-based learning methods of instruction such as internship, job shadowing, cooperative education, mentorship, service learning, clinical, and youth apprenticeship,

  3. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  4. Understanding of and proficiency in pedagogy to incorporate writing as an instructional and assessment tool for candidates to generate, gather, plan, organize, and present ideas in writing to communicate for a variety of purposes.

  5. The program shall include at least 100 clock hours of a school counselor internship and practicum experience in the preK-6 setting and 100 clock hours of internship and practicum experience in the grades 7-12 setting.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.
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.

  1. Statistics and research design, measurement, and program evaluation.

  2. 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.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  2. 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.

  3. The candidate shall have earned a baccalaureate degree from an accredited 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.

  4. 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  2. 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.

  3. The candidate shall have earned a master's of social work degree from an accredited 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 an accredited institution with a minimum of 30 graduate-level semester hours.

  4. 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 (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).

  1. 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.
8VAC20-543-640 Vocational evaluator

The vocational evaluator program shall ensure that the candidate has demonstrated the following competencies:

  1. Understanding of the foundations of vocational evaluation and career assessment, including philosophy and process of vocational evaluation and assessment, use of occupational and labor market information, and functional aspects of physical, mental and intellectual disabilities.

  2. Understanding of the basic concepts and skills of planning for and delivering vocational evaluation and career assessment services, including the use of vocational interviewing, individualized service planning, report development and communication, and use of modifications and accommodations.

  3. Ability to modify standard instruments and to develop new instruments to respond to labor markets or individual needs.

  4. Understanding of the federal and state laws and regulations pertaining to special education, such as the Individuals with Disabilities Education Act, Rehabilitation Act and the Americans with Disabilities Act.

  5. Understanding of the content, processes, and skills necessary to administer and report findings of standardized testing, including knowledge of tests and measurements and selection and use of appropriate instruments.

  6. Above average communication skills in order to explain assessment information to school personnel, parents, students, and other service providers.

  7. Understanding of natural supports and assistive technology.

  8. Ability to select, administer, and interpret a wide assortment of evaluation instruments which includes commercial work sample systems, and situational assessments.

  9. Understanding and knowledge of specific assessment techniques and skills and the processes for conducting vocational evaluation and career assessment, including:

a. Job and training analysis;

b. Work samples and systems;

c. Situational and community-based assessment;

d. Behavioral observation;

e. Learning and functional skills assessment; and

f. Work site assessment or ecological assessment.

  1. Understanding of and proficiency in grammar, usage, and mechanics and their integration in writing.

  2. 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 24, eff. August 23, 2018.

Chapter 780 Standards for Licensed Child Day Centers

Part II Administration

8VAC20-780-40 Operational responsibilities

A. Applications for licensure shall conform with Article 3 (§ 22.1-289.010 et seq.) and Article 4 (§ 22.1-289.030 et seq.) of Chapter 14.1, of Title 22.1 of the Code of Virginia and the regulation entitled General Procedures and Information for Licensure, 8VAC20-820.

B. Pursuant to § 22.1-289.034 of the Code of Virginia and the regulation entitled Background Checks for Child Day Programs and Family Day Systems, 8VAC20-770, the applicant and any agent at the time of application who is or will be involved in the day-to-day operations of the center or who is or will be alone with, in control of, or supervising one or more of the children, shall be of good character and reputation; shall not have been convicted of a barrier crime as defined in § 19.2-392.02 of the Code of Virginia; and is not the subject of a founded complaint of child neglect or abuse within or outside the Commonwealth.

C. The sponsor shall afford the superintendent or his agents the right at all reasonable times to inspect facilities and to interview his agents, employees, and any child or other person within his custody or control, provided that no private interviews may be conducted with any child without prior notice to the parent of such child.

D. The license shall be posted in a place conspicuous to the public (§ 22.1-289.011 of the Code of Virginia).

E. The operational responsibilities of the licensee shall include ensuring that the center's activities, services, and facilities are maintained in compliance with these standards, the center's own policies and procedures that are required by these standards, and the terms of the current license issued by the department.

F. Every center shall ensure that advertising is not misleading or deceptive as required by § 22.1-289.027 of the Code of Virginia.

G. The center shall meet the proof of child identity and age requirements as stated in § 22.1-289.049 of the Code of Virginia.

H. The sponsor shall maintain public liability insurance for bodily injury for each center site with a minimum limit of at least $500,000 each occurrence and with a minimum limit of $500,000 aggregate.

  1. A public sponsor may have equivalent self-insurance that is in compliance with the Code of Virginia.

  2. Evidence of insurance coverage shall be made available to the department's representative upon request.

I. The center shall develop written procedures for injury prevention.

J. Injury prevention procedures shall be updated at least annually based on documentation of injuries and a review of the activities and services.

K. The center shall develop written procedures for prevention of shaken baby syndrome or abusive head trauma, including coping with crying babies, safe sleeping practices, and sudden infant death syndrome awareness.

L. The center shall inform all staff who work with children of children's allergies, sensitivities, and dietary restrictions.

M. The center shall maintain, in a way that is accessible to all staff who work with children, a current written list of all children's allergies, sensitivities, and dietary restrictions documented in the allergy plan required in 8VAC20-780-60 A 8. This list shall be dated and kept confidential in each room or area where children are present.

N. The center shall develop written playground safety procedures that shall include:

  1. Provision for active supervision by staff to include positioning of staff in strategic locations, scanning play activities, and circulating among children; and

  2. Method of maintaining resilient surface.

O. Hospital-operated centers may temporarily exceed their licensed capacity during a natural disaster or other catastrophe or emergency situation and shall develop a written plan for emergency operations, for submission to and approval by the Department of Education.

P. When children 13 years or older are enrolled in the program and receive supervision in the licensed program, they shall be counted in the number of children receiving care and the center shall comply with the standards for these children.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-50 derived from VR175-08-01 § 2.1, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-40, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; amended, Virginia Register Volume 32, Issue 6, eff. July 1, 2017; Volume 33, Issue 2, eff. October 19, 2016. of the Code of Virginia; amended and renumbered Volume 37, Issue 24, eff. July 1, 2021; Volume 38, Issue 2, eff. October 13, 2021.
8VAC20-780-50 General recordkeeping; reports

A. Staff and children's records shall be treated confidentially. Exception: Children's records shall be made available to parents on request, unless otherwise ordered by the court.

B. Records and reports on children and staff required by this chapter shall be maintained and made accessible for two years after termination of services or separation from employment unless specified otherwise.

C. Records may be kept at a central location except as stated otherwise in these standards.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-70 derived from VR175-08-01 § 2.3, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-50, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-60 Children's records

A. Each center shall maintain and keep at the center a separate record for each child enrolled which shall contain the following information:

  1. Name, nickname (if any), sex, and birth date of the child;

  2. Name, home address, and home phone number of each parent who has custody;

  3. When applicable, work phone number and place of employment of each parent who has custody;

  4. Name and phone number of child's physician;

  5. Name, address, and phone number of two designated people to call in an emergency if a parent cannot be reached;

  6. Names of persons authorized to pick up the child. Appropriate legal paperwork shall be on file when the custodial parent requests the center not to release the child to the other parent;

  7. Allergies and intolerance to medication or any other substances, and actions to take in an emergency situation;

  8. A written care plan for each child with a diagnosed food allergy, to include instructions from a physician regarding the food to which the child is allergic and the steps to be taken in the event of a suspected or confirmed allergic reaction;

  9. Chronic physical problems and pertinent developmental information and any special accommodations needed;

  10. Written agreements between the parent and the center as required by 8VAC20-780-90;

  11. Documentation of child updates and confirmation of up-to-date information in the child's record as required by 8VAC20-780-420 E 3;

  12. Any blanket permission slips and opt out requests;

  13. Previous child day care and schools attended by the child;

  14. Name of any additional programs or schools that the child is concurrently attending and the grade or class level;

  15. Documentation of viewing proof of the child's identity and age;

  16. First and last dates of attendance;

  17. Documentation of health information as required by 8VAC20-780-130, 8VAC20-780-140, and 8VAC20-780-150; and

  18. Documentation of the enrollment of a homeless child enrolled under provision of 8VAC20-780-130 C or 8VAC20-780-140 A.

B. The requirements in subdivision A 17 of this section does not apply, and the center is not required to maintain duplicates of the school's health record if:

  1. The center is located on the same premises where a child attends school;

  2. The child's record has a statement verifying the school's possession of the health record; and

  3. The school's records are accessible during the center's hours of operation.

C. The proof of identity, if reproduced or retained by the child day program or both, shall be destroyed upon the conclusion of the requisite period of retention. The procedures for the disposal, physical destruction or other disposition of the proof of identity containing social security numbers shall include all reasonable steps to destroy such documents by (i) shredding, (ii) erasing, or (iii) otherwise modifying the social security numbers in those records to make them unreadable or indecipherable by any means.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-80 derived from VR175-08-01 § 2.4, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-60, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; amended and renumbered Volume 37, Issue 24, eff. July 1, 2021; Volume 38, Issue 2, eff. October 13, 2021.
8VAC20-780-70 Staff records

The following staff records shall be kept for each staff person:

  1. Name, address, verification of age requirement, job title, and date of employment or volunteering; and name, address, and telephone number of a person to be notified in an emergency which shall be kept at the center.

  2. For staff hired after March 1, 1996, documentation that two or more references as to character and reputation as well as competency were checked before employment or volunteering. If a reference check is taken over the phone, documentation shall include:

a. Dates of contact;

b. Names of persons contacted;

c. The firms contacted;

d. Results; and

e. Signature of person making call.

  1. Background checks as required by the regulation entitled Background Checks for Licensed Child Day Programs and Family Day Systems (8VAC20-770).

  2. Documentation to demonstrate that the individual possesses the education, certification, and experience required by the job position, and orientation and training as required in 8VAC20-780-240 and 8VAC20-780-245.

  3. First aid, cardiopulmonary resuscitation, and other certifications as required by the responsibilities held by the staff member.

  4. Health information as required by 8VAC20-780-160 and 8VAC20-780-170.

  5. Information, to be kept at the center, about any health problems that may interfere with fulfilling the job responsibilities.

  6. Date of separation from employment.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-90 derived from VR175-08-01 § 2.5, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-70, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; amended and renumbered Volume 37, Issue 24, eff. July 1, 2021; Volume 38, Issue 2, eff. October 13, 2021.
8VAC20-780-80 Attendance records; reports

A. For each group of children, the center shall maintain a written record of daily attendance that documents the arrival and departure of each child in care as it occurs.

B. Reports shall be filed and maintained as follows:

  1. The center shall inform the superintendent's representative as soon as practicable but not to exceed one business day of the circumstances surrounding the following incidents:

a. Death of a child while under the center's supervision;

b. Missing child when local authorities have been contacted for help; or

c. The suspension or termination of all child care services for more than 24 hours as a result of an emergency situation and any plans to resume child care.

  1. The center shall inform the department's representative as soon as practicable, but not to exceed two business days, of any injury to a child that occurs while the child is under the supervision of the center and requires outside medical attention.

  2. Any suspected incident of child abuse shall be reported in accordance with § 63.2-1509 of the Code of Virginia.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-100 derived from VR175-08-01 § 2.6, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; amended and renumbered as 22VAC40-185-80, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; amended and renumbered Volume 37, Issue 24, eff. July 1, 2021; Volume 38, Issue 2, eff. October 13, 2021.
8VAC20-780-90 Parental agreements

A written agreement between the parent and the center shall be in each child's record by the first day of the child's attendance. The agreement shall be signed by the parent and include:

  1. An authorization for emergency medical care should an emergency occur when the parent cannot be located immediately unless the parent states in writing an objection to the provision of such care on religious or other grounds;

  2. A statement that the center will notify the parent when the child becomes ill and that the parent will arrange to have the child picked up as soon as possible if so requested by the center; and

  3. A statement that the parent will inform the center within 24 hours or the next business day after his child or any member of the immediate household has developed any reportable communicable disease, as defined by the State Board of Health, except for life threatening diseases which must be reported immediately.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-110 derived from VR175-08-01 § 2.7, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-90, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-100 Enrollment procedures of therapeutic child day programs and special needs child day programs

Before the child's first day of attendance, there shall be personal communication between the director, or his designee, and the parent to determine:

  1. The child's level of general functioning as related to physical, affective/emotional, cognitive and social skills required for participation; and

  2. Any special medical procedures needed.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-120 derived from VR175-08-01; § 2.8, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; amended and renumbered as 22VAC40-185-100, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-110 Individual assessment for therapeutic child day programs

A. An individual assessment completed within six months before the child's attendance or 30 days after the first day of attendance shall be maintained for each child.

B. An individual assessment shall be reviewed and updated for each child no less than once every 12 months.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-130 derived from VR175-08-01 § 2.9, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; amended and renumbered as 22VAC40-185-110, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-120 Individual service, education or treatment plan for therapeutic child day programs

A. An individual service, education or treatment plan:

  1. Shall be developed for each child by the director or his designee and primary staff responsible for plan implementation;

  2. Shall be implemented within 60 days after the first day of the child's attendance.

B. The child's individual service, education or treatment plan shall be developed, reviewed, and revised every three months and rewritten annually by the director or his designee and primary staff responsible for plan implementation. This shall be done in partnership with the parent, residential care provider or advocate.

C. A copy of the initial plan and subsequent or amended service, education or treatment plans shall be maintained in the child's record and a copy given to the child's parent.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-140 derived from VR175-08-01 § 2.9, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; amended and renumbered as 22VAC40-185-120, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-130 Immunizations for children

A. The center shall obtain documentation that each child has received the immunizations required by the State Board of Health before the child can attend the center.

B. The center may allow a child to attend contingent upon a conditional enrollment for a period of 90 days if the child received at least one dose of each of the required vaccines and the child possesses a plan from a physician or local health department for completing his immunization requirements within the ensuing 90 calendar days. If the child requires more than two doses of hepatitis B vaccine, the conditional enrollment period, for hepatitis B vaccine only, shall be 180 calendar days.

C. If a child is homeless and does not have documentation of the required immunizations, the center may allow the child to attend during a grace period of no more than 90 days to allow the parent or guardian time to obtain documentation of required immunizations.

D. Documentation related to the child's conditional enrollment shall be maintained in the child's record.

E. The center shall obtain documentation of additional immunizations once every six months for children under the age of two years.

F. The center shall obtain documentation of additional immunizations once between each child's fourth and sixth birthdays.

G. Pursuant to subsection C of § 22.1-271.2 of the Code of Virginia, documentation of immunizations is not required for any child whose:

  1. Parent submits an affidavit to the center on the current form approved by the Virginia Department of Health stating that the administration of immunizing agents conflicts with the parent's or child's religious tenets or practices; or

  2. Physician or a local health department states on a Department of Health-approved form that one or more of the required immunizations may be detrimental to the child's health, indicating the specific nature and probable duration of the medical condition or circumstance that contraindicates immunization.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-150 derived from VR175-08-01 § 2.11, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-130, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021; Volume 38, Issue 2, eff. October 13, 2021.
8VAC20-780-140 Physical examinations for children

A. Each child shall have a physical examination by or under the direction of a physician:

  1. Before the child's attendance; or

  2. Within 30 days after the first day of attendance.

If a child is homeless and does not have documentation of a physical examination, the center may allow the child to attend during a grace period of no more than 90 days to allow the parent or guardian time to obtain documentation of the required physical examination.

B. If the child has had a physical examination prior to attendance, it shall be within the time period prescribed in this subsection:

  1. Within two months prior to attendance for children six months of age and younger;

  2. Within three months prior to attendance for children aged seven months through 18 months;

  3. Within six months prior to attendance for children aged 19 months through 24 months; and

  4. Within 12 months prior to attendance for children two years of age through five years of age.

C. When a child transfers from a facility licensed by the Virginia Department of Education, approved by a licensed family day system, or voluntarily registered by the Virginia Department of Education, a new physical examination is not required if a copy of the physical examination from the originating program is maintained in the child's record.

D. Pursuant to subsection D of § 22.1-270 of the Code of Virginia, physical examinations are not required for any child whose parent objects on religious grounds. The parent must submit a signed statement noting that the parent objects on religious grounds and certifying that to the best of the parent's knowledge the child is in good health and free from communicable or contagious disease.

E. A new physical examination is not required for a school age child if a copy of the physical examination required for his entry into a Virginia public kindergarten or elementary school is kept in the child's record.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-160 derived from VR175-08-01 § 2.12, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-140, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021; Volume 38, Issue 2, eff. October 13, 2021.
8VAC20-780-150 Form and content of immunizations and physical examination reports for children

A. The current form required by the Virginia Department of Health or a physician's form shall be used to report immunizations received and the results of the required physical examination.

B. Each report shall include the date of the physical examination and dates immunizations were received and shall be signed by a physician, his designee, or an official of a local health department.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-170 derived from VR175-08-01 § 2.13, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; amended and renumbered as 22VAC40-185-150, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-160 Tuberculosis screening for staff and independent contractors

A. Each staff member and individual from an independent contractor shall submit documentation of a negative tuberculosis screening.

  1. Documentation of the screening shall be submitted at the time of employment and prior to coming into contact with children.

  2. The documentation shall have been completed within the last 30 calendar days of the date of employment and be signed by a physician, physician's designee, or an official of the local health department.

B. Acceptable forms of documentation of tuberculosis screening are:

  1. A clearance statement signed by a physician, the physician's designee or an official of the local health department. This statement shall include language that the individual does not have any current symptoms of active tuberculosis, does not have either a risk factor for acquiring tuberculosis infection or a risk factor for progression to active tuberculosis disease as defined by the local health department, or has been treated for these conditions in the past, and is currently free of tuberculosis in a communicable form. Individuals who have a risk factor for progression to active tuberculosis disease as defined by the Virginia Department of Health shall submit documentation as stated in subdivision 2 or 3 of this subsection.

  2. The results of a negative tuberculin skin test (TST). The documentation shall include the date the test was given and results of the test and be signed by a physician, physician's designee or an official of the local health department.

  3. The results of a chest x-ray negative for active tuberculosis disease. The documentation shall include the date of the test and location where the examination was performed.

C. At least every two years from the date of the initial screening or testing, or more frequently if recommended by a licensed physician or the local health department, staff members and individuals from independent contractors shall obtain and submit the results of a follow-up tuberculosis screening as stated in subsection B of this section.

D. Any staff member or individual from an independent contractor who develops symptoms compatible with active tuberculosis disease, regardless of the date of the last tuberculosis screening or assessment, shall obtain and submit within 14 days a determination of noncontagiousness by a physician or local health department.

  1. Until such determination is made, that staff member may not be permitted to work at the center.

  2. Any staff member or individual from an independent contractor who comes in contact with a known active case of tuberculosis or who tests positive on a tuberculin skin test, regardless of the date of the last tuberculosis screening or assessment, shall submit within 30 days a statement indicating that all needed follow-up for the incident has been completed and that the individual is free of tuberculosis in a communicable form. This statement shall be signed by a physician, physician's designee or an official of the local health department.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-180 derived from VR175-08-01 § 2.14, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-160, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021; Volume 38, Issue 2, eff. October 13, 2021.

Part III Staff qualifications and training

8VAC20-780-180 General qualifications

A. Staff shall be:

  1. Of good character and reputation;

  2. Capable of carrying out assigned responsibilities;

  3. Capable of accepting training and supervision; and

  4. Capable of communicating effectively both orally and in writing as applicable to the job responsibility.

B. Staff who work directly with children shall be capable of communicating with emergency personnel.

C. Staff who drive a vehicle transporting children shall disclose any moving traffic violation that occurred five years prior to or during employment or assignment as a driver.

D. For therapeutic child day programs and special needs child day programs, staff who work with children shall have knowledge of the groups being served and skills specific to the special needs of the children in care including functional abilities, accommodations, assessment techniques, behavior management, and medical and health concerns.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-200 derived from VR175-08-01 § 3.1, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; Errata, 21:13 VA.R. 1941 March 7, 2005; amended and renumbered as 22VAC40-185-180, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; amended and renumbered Volume 37, Issue 24, eff. July 1, 2021; Volume 38, Issue 2, eff. October 13, 2021.
8VAC20-780-190 Program director qualifications

A. Program directors shall be at least 21 years of age and shall meet one of the following:

  1. A graduate degree in a child-related field such as elementary education, nursing, or recreation from a college or university and six months of programmatic experience;

  2. An endorsement or bachelor's degree in a child-related field such as elementary education, nursing, or recreation from a college or university and one year of programmatic experience;

  3. Forty-eight semester hours or 72 quarter hours of college credit from a college or university of which 12 semester hours or 18 quarter hours are in child-related subjects and one year of programmatic experience;

  4. Two years of programmatic experience with one year in a staff supervisory capacity and at least one of the following education backgrounds:

a. A one-year early childhood certificate from a college or university that consists of at least 30 semester hours;

b. A child development credential that requires:

(1) High school program completion or the equivalent;

(2) 480 hours working with children in a group which could include a supervised practicum;

(3) Determination of competency in promoting children's development, providing a safe and healthy environment, managing the classroom environment or childhood program, and promoting positive and productive relationships with parents or guardians; and

(4) At least 120 hours of child-related training taught by an individual or by an organization with expertise in early childhood teacher preparation provided that the training facilitator:

(a) Documents the student's mastery and competence;

(b) Observes the student's application of competence in a classroom setting;

(c) Has a combination of at least six years of education (leading to a degree or credential in a child-related field) or programmatic experience; and

(d) Has at least 12 semester hours or 180 hours in a child-related field, a child development credential or equivalent, and two years of programmatic experience with one year in a staff supervisory capacity; or

c. A certification of qualification from an internationally or nationally recognized Montessori organization.

B. Program directors without management experience shall have one college course in a business-related field, 10 hours of management training, or one child care management course that satisfactorily covers the management functions of:

  1. Planning;

  2. Budgeting;

  3. Staffing; and

  4. Monitoring.

Management experience is defined as at least six months of on-the-job training in an administrative position that requires supervising, orienting, training, and scheduling staff.

C. For program directors of therapeutic child day programs and special needs child day programs, education and programmatic experience shall be in the group care of children with special needs.

D. Notwithstanding subsection A of this section, a person between 19 and 21 years of age may serve as a program director at a short-term program serving only school age children if the program director has daily supervisory contact by a person at least 21 years of age who meets one of the program director qualification options.

E. A program director employed prior to October 13, 2021, who met the education and experience qualifications in effect immediately prior to October 13, 2021, and who has been continuously employed as a child day center director, is considered to have met the requirements of this section.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-230 derived from VR175-08-01 § 3.4, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-190, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021; Volume 38, Issue 2, eff. October 13, 2021.
8VAC20-780-200 Program directors and back-up for program directors

A. The center shall have a qualified program director or a qualified back-up program director who meets one of the director qualifications who shall regularly be on site at least 50% of the center's hours of operation.

B. For centers offering multiple shifts, a qualified program director or qualified back-up director shall regularly be on site at least 50% of the day shift and at least two hours during the evening shift and two hours during the night shift.

C. For centers employing one or more program leaders who are qualified under subsection C of 8VAC20-780-210 but not under subsection A of that section, the qualified program director or qualified back-up program director shall be on site at least 75% of the center's hours of operation.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-250 derived from VR175-08-01 § 3.6, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-200, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; amended and renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-210 Program leader qualifications

A. Program leaders shall be at least 18 years of age, have fulfilled a high school program completion or the equivalent, and meet one of the following:

  1. Have one of the program director qualifications in 8VAC20-780-190;

  2. Have an endorsement or bachelor's degree in a child-related field such as, but not limited to, elementary education, nursing, or recreation, from a college or university;

  3. Have three months of programmatic experience and at least one of the following education backgrounds:

a. A one year early childhood certificate from a college or university that consists of at least 30 semester hours;

b. A child development credential by an organization listed in § 22.1-289.048 of the Code of Virginia;

c. A teaching diploma from an internationally or nationally recognized Montessori organization; or

  1. Have six months of supervised programmatic experience.

a. Within six months before being promoted or beginning work or one month after being promoted or beginning work, a minimum of 12 hours of training shall be received related to the care of children, including but not limited to:

(1) Child development;

(2) Playground safety;

(3) Health and safety issues; and

(4) Preventing and reporting child abuse and neglect.

b. Such training may take place on site while not supervising children. Such training hours shall increase according to the following:

| (1) Program leaders hired or promoted after June 1, 2006 | 16 hours | | --- | --- | | (2) Program leaders hired or promoted after June 1, 2007 | 20 hours | | (3) Program leaders hired or promoted after June 1, 2008 | 24 hours |

B. For program leaders of therapeutic child day programs and special needs child day programs, at least three months of programmatic experience shall be in the group care of children with special needs.

C. Notwithstanding the experience requirements in subsection A of this section, program leaders at short-term programs may have only one season of programmatic experience, provided that this experience shall include at least 200 hours, of which up to 24 hours can be formal training, working directly with children in a group.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-260 derived from VR175-08-01 § 3.7, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-210, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; amended and renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-220 Aides

Aides shall be at least 16 years of age.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-280 derived from VR175-08-01 § 3.9, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; amended and renumbered as 22VAC40-185-220, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-230 Independent contractors; volunteers

A. Individuals from independent contractors shall not be counted in the staff-to-children ratios unless they meet the qualifications for the applicable position.

B. Individuals from independent contractors who do not meet staff qualifications shall, when in the presence of children, be within sight and sound supervision of a staff member.

C. Volunteers who work with children shall be at least 13 years of age.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-290 derived from VR175-08-01 § 3.10, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-230, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.

Part IV Physical plant

8VAC20-780-250 Approval from other agencies; requirements prior to initial licensure

A. Before issuance of the first license and before use of newly constructed, renovated, remodeled, or altered buildings or sections of buildings, written documentation of the following shall be provided by the center to the licensing representative:

  1. Approval by the authority having jurisdiction that each building meets building and fire codes or that a plan of correction has been approved; and

Exception: Any building which is currently approved for school occupancy and which houses a public or private school during the school year shall be considered to have met the requirements of subdivision 1 of this subsection when housing a center only serving children two and a half years of age or older.

  1. Approval from the local health department, or approval of a plan of correction, for meeting requirements for:

a. Water supply;

b. Sewage disposal system; and

c. Food service, if applicable.

B. For buildings built before 1978, the following shall be submitted before the initial license is issued:

  1. A written statement from a person licensed in Virginia as an asbestos inspector and management planner as required by § 22.1-289.052 of the Code of Virginia and the requirements of the Asbestos Hazard Emergency Response Act (15 USC § 2641 et seq.); and

  2. A written statement that the response actions to abate any risk to human health have been or will be initiated in accordance with a specific schedule and plan as recommended by the asbestos management planner in accordance with § 22.1-289.052 of the Code of Virginia.

C. A notice regarding the presence and location of asbestos containing materials and advising that the asbestos inspection report and management plan are available for review shall be posted.

Exception: The provisions of subsections B and C of this section do not apply to centers located in buildings required to be inspected according to Article 5 (§ 2.2-1162 et seq.) of Chapter 11 of Title 2.2 of the Code of Virginia.

D. Before the first license is issued, camps shall notify the responsible fire department and the responsible emergency medical service of the camp location and hours of operation.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-320 derived from VR175-08-01 § 4.1, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-250, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; amended and renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-260 Approval from other agencies; requirements subsequent to initial licensure

A. The center shall provide to the licensing representative an annual fire inspection report from the appropriate fire official having jurisdiction.

Exception: If a center is located in a building currently housing a public or private school, the school's annual fire inspection report shall be accepted.

B. After the first license, annual approval from the health department shall be provided, or approvals of a plan of correction, for meeting requirements for:

  1. Water supply;

  2. Sewage disposal system; and

  3. Food service, if applicable.

C. For those buildings where asbestos containing materials are detected and not removed:

  1. A signed, written statement that the center is following the recommendations of the management plan shall be submitted to the department before subsequent licenses are issued; and

  2. The notice regarding the presence and location of asbestos containing materials and advising that the asbestos inspection report and management plan are available for review shall continue to be posted.

  3. Exception: The provisions of this subsection do not apply to child day centers located in buildings required to be inspected according to Article 5 (§ 2.2-1162 et seq.) of Chapter 11 of Title 2.2 of the Code of Virginia.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-330 derived from VR175-08-01 § 4.2, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-260, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-270 Building maintenance

A. Areas and equipment of the center, inside and outside, shall be maintained in a clean, safe and operable condition. Unsafe conditions shall include, but not be limited to, splintered, cracked or otherwise deteriorating wood; chipped or peeling paint; visible cracks, bending or warping, rusting or breakage of any equipment; head entrapment hazards; and protruding nails, bolts or other components that could entangle clothing or snag skin.

B. Heat shall be supplied from a heating system approved in accordance with the Uniform Statewide Building Code (USBC, 13VAC5-62) except for camps. The heating system shall:

  1. Be installed to prevent accessibility of children to the system; and

  2. Have appropriate barriers to prevent children from being burned, shocked, or injured from heating equipment. In addition, proper supervision shall be available to prevent injury.

  3. Exception: In case of emergency, portable heaters may be used in accordance with the manufacturer's instructions.

C. In inside areas occupied by children, the temperature shall be maintained no lower than 68°F.

D. Fans or other cooling systems shall be used when the temperature of inside areas occupied by children exceeds 80°F.

E. Drinking fountains or individual disposable cups with safe drinking water shall be accessible at all times.

F. Equipment shall include, but not be limited to, the following:

  1. Outside lighting provided at entrances and exits used by children before sunrise or after sundown; and

  2. An in-service, nonpay telephone.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-340 derived from VR175-08-01 § 4.3, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-270, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-280 Hazardous substances and other harmful agents

A. No center shall be located where conditions exist that would be hazardous to the health and safety of children.

B. Hazardous substances such as cleaning materials, insecticides, and pesticides shall be kept in a locked place using a safe locking method that prevents access by children.

  1. If a key is used, the key shall not be accessible to the children.

  2. Exception: Cleaning supplies to clean and sanitize the diapering area or toilet chairs do not need to be kept locked during diapering or toilet training time as long as they are inaccessible to children.

C. Pesticides or insecticides shall not be stored in areas used by children or in areas used for food preparation or storage.

D. Cleaning and sanitizing materials shall not be located above food, food equipment, utensils or single-service articles and shall be stored in areas physically separate from food.

E. Cleaning materials (e.g., detergents, sanitizers and polishes) and insecticides/pesticides shall be stored in areas physically separate from each other.

F. Hazardous substances shall be stored in the original container unless this container is of such a large size that its use would be impractical.

G. If hazardous substances are not kept in original containers, the substitute containers shall clearly indicate their contents and shall not resemble food or beverage containers.

H. Cosmetics, medications, or other harmful agents shall not be stored in areas, purses or pockets that are accessible to children.

I. Hazardous art and craft materials shall not be used with children.

J. Smoking shall be prohibited in the interior of a center that is not used for residential purposes.

K. In residential areas of the center and outside the center, smoking shall be prohibited in the presence of children.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-350 derived from VR175-08-01 § 4.4, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-280, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-290 General physical plant requirements for centers serving children of preschool age or younger

In areas used by children of preschool age or younger, the following shall apply:

  1. Guardrails and handrails shall be provided in accordance with the USBC (13VAC5-62) in effect at time of first occupancy or construction.

  2. Fans, when used, shall be out of reach of children and cords shall be secured so as not to create a tripping hazard.

  3. Electrical outlets shall have protective covers that are of a size that cannot be swallowed by children.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-360 derived from VR175-08-01 § 4.3, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-290, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-300 General physical plant requirements for centers serving school age children

A. Any building which is currently approved for school occupancy and which houses a school during the school year shall be considered to have met the building requirements in this chapter when housing a center only serving school age children.

B. Portable camping equipment for heating or cooking that is not required to be approved by the building official shall bear the label of a nationally recognized inspection agency and be used in accordance with the manufacturer's specifications, except for charcoal and wood burning cooking equipment.

C. No cooking or heating shall occur in tents except as provided by the USBC (13VAC5-62).

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-370 derived from Virginia Register Volume 14, Issue 21, eff. September 1, 1998; amended, Virginia Register Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-300, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; amended and renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-310 Areas

A. Indoor space shall be measured inside wall-to-wall excluding spaces not routinely used by children as referenced in subdivisions 1 and 2 of this subsection:

  1. Areas not routinely used for children's activities shall not be calculated as available space.

  2. Space not calculated shall include, but not be limited to, offices, hallways, restrooms, kitchens, storage rooms or closets.

B. There shall be 25 square feet of indoor space available per child until subdivisions 1 and 2 of this subsection take effect.

  1. Effective June 1, 2008, applicants must have 35 square feet of indoor wall-to-wall space per child.

  2. Current licensees and subsequent licensees at currently licensed facilities may continue to provide 25 square feet per child.

  3. New additions shall have 35 square feet of indoor wall-to-wall space per child effective June 1, 2008.

C. Space in areas used by infants shall be calculated separately from space for older children. There shall be a minimum of 25 square feet of space per infant excluding space occupied by cribs and changing tables or a minimum of 35 square feet of available space per infant including space occupied by cribs and changing tables.

D. Camps for school age children are not required to meet this space requirement. However, when weather prevents outdoor activities, the required indoor space per child shall be provided either at the program site or at a predesignated, approved location off site.

E. When children are on the outdoor play area, at least 75 square feet of space per child shall be provided at any one time.

F. Centers licensed for the care of infants and toddlers shall provide a separate playground area for these children that has at least 25 square feet of unpaved surface per infant/toddler on the outdoor area at any one time. This space may be counted as part of the 75 square feet required in subsection B of this section.

G. A separate space shall be designated for children who are ill or injured.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-380 derived from VR175-08-01 § 4.7, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-310, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-320 Restroom areas and furnishings

A. Centers shall have at least two toilets and two sinks.

B. Each restroom area provided for children shall:

  1. Be within a contained area, readily available and within the building used by the children (Restrooms used by school age children at camps are not required to be located within the building);

  2. Have toilets that are flushable;

  3. Have sinks located near the toilets and that are supplied with running warm water that does not exceed 120°F (Camps are exempt from the requirement that running water be warm); and

  4. Be equipped with soap, toilet paper, and disposable towels or an air dryer within reach of children.

C. For restrooms available to males, urinals shall not be substituted for more than one-half the required number of toilets.

D. An adult size toilet with privacy shall be provided for staff use. Staff toilets may be counted in the number of required toilets for children only if children are allowed unrestricted access to them. Primitive camps are not required to have a toilet with privacy for staff.

E. Centers shall have at least one toilet and one sink per 20 preschool children and at least one standard size toilet and one sink per 30 school age children. When sharing restroom areas with other programs, the children in those programs shall be included in the toilet and sink ratio calculations. The toilet and sink ratio appropriate to the younger age group shall apply.

F. When child size toilets, urinals, and low sinks are not available in restrooms used by children of preschool age and younger, one or more platforms or sets of steps shall be provided.

G. A restroom used for school age children that contains more than one toilet shall have at least one toilet enclosed.

H. Restrooms used by school age children at primitive camps are not required to have:

  1. Sinks, if adequate water, supplies, and equipment for hand washing are available; and

  2. Flushable toilets, if the number of sanitary privies or portable toilets constructed and operated in accordance with the applicable law and regulations of the Virginia Department of Health meets the toilet ratio stated in subsection E of this section. No privy or outdoor toilet shall be located within 75 feet of other buildings or camp activities.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-390 derived from VR175-08-01 § 4.8, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-320, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021; Volume 38, Issue 2, eff. October 13, 2021.

Part V Staffing and supervision

8VAC20-780-340 Supervision of children

A. When staff are supervising children, they shall always ensure their care, protection, and guidance.

B. During the center's hours of operation, one adult on the premises shall be in charge of the administration of the center. This person shall be either the administrator or an adult appointed by the licensee or designated by the administrator.

C. During the stated hours of operation, there always shall be on the premises and on field trips when one or more children are present one staff member who meets the qualifications of a program leader or program director and an immediately available staff member, volunteer or other employee who is at least 16 years of age, with direct means for communication between the two of them. The volunteer or other employee shall have received instruction in how to contact appropriate authorities if there is an emergency.

D. In each grouping of children at least one staff member who meets the qualifications of a program leader or program director shall be regularly present. Such a program leader shall supervise no more than two aides.

E. Exception: A program leader is not required in each grouping of children during the first and last hour of operation when a center operates more than six hours per day and during the designated rest period if the following are met: (i) there is a staff member in the group who is over 18 years of age and has at least three months of programmatic experience at the center; (ii) there is an additional staff person on site who meets program leader qualifications, is not counted in the staff-to-children ratios and is immediately available to help if needed; and (iii) there is a direct means for communicating between these two staff members.

F. Children under 10 years of age always shall be within actual sight and sound supervision of staff, except that staff need only be able to hear a child who is using the restroom provided that:

  1. There is a system to assure that individuals who are not staff members or persons allowed to pick up a child in care do not enter the restroom area while in use by children; and

  2. Staff check on a child who has not returned from the restroom after five minutes. Depending on the location and layout of the restroom, staff may need to provide intermittent sight supervision of the children in the restroom area during this five-minute period to assure the safety of children and to provide assistance to children as needed.

G. Children 10 years of age and older shall be within actual sight and sound supervision of staff except when the following requirements are met:

  1. Staff can hear or see the children (video equipment, intercom systems, or other technological devices shall not substitute for staff being able to directly see or hear children);

  2. Staff are nearby so they can provide immediate intervention if needed;

  3. There is a system to ensure that staff know where the children are and what they are doing;

  4. There is a system to ensure that individuals who are not staff members or persons allowed to pick up children in care do not enter the areas where children are not under sight supervision; and

  5. Staff provide sight and sound supervision of the children at variable and unpredictable intervals not to exceed 15 minutes.

H. When the outdoor activity area is not adjacent to the center, there shall be at least two staff members on the outdoor activity area whenever one or more children are present.

I. Staff shall greet each child upon arrival at the center and oversee each child's departure from the center.

J. Staff shall not allow a child to leave the center unsupervised.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-430 derived from VR175-08-01 § 5.2, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-340, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.

Part VI Programs

8VAC20-780-360 Daily activities

A. The variety of daily activities for all age groups shall be age and stage appropriate and provide opportunities for teacher-directed, self-directed, and self-chosen tasks and activities; a balance of active and quiet activities; individual and group activities; and curiosity and exploration.

Exception: Specialty camps do not need to provide opportunities for self-chosen tasks and curiosity and exploration.

B. For a child who cannot move without help, staff shall offer to change the places and position of the child at least every 30 minutes or more frequently depending on the child's individual needs.

C. Children shall be allowed to sleep or rest as individually needed.

D. For a child in a therapeutic child day program, daily activities shall be in accordance with the program's individual plan for such child.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-451 derived from Virginia Register Volume 14, Issue 21, eff. September 1, 1998; amended, Virginia Register Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-360, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-370 Daily activities for infants

There shall be a flexible daily schedule for infants based on their individual needs. During the day, infants shall be provided with:

  1. Sleep as needed.

a. When an infant is placed in his crib, he shall be placed on his back (supine).

b. When an infant is able to easily turn over from the back (supine) to the belly (prone) position and he is placed in his crib, he shall still be put on his back (supine) but allowed to adopt whatever position he prefers. This applies unless otherwise directed by the infant's physician in writing.

c. If the side position is used, caregivers shall bring the dependent arm forward to lessen the likelihood of the infant rolling into a belly (prone) position.

d. Resting or sleeping infants shall be individually checked every 15-20 minutes.

e. An infant who falls asleep in a play space specified in subdivision 5 a of this section may remain in that space if comfortable and safe.

  1. Food as specified in 8VAC20-780-560 and 8VAC20-780-570.

  2. Outdoor time if weather and air quality allow based upon the Air Quality Color Code Chart as provided by the Department of Environmental Quality.

  3. Comfort as needed.

  4. Play spaces.

a. Play spaces may include, but are not limited to, cribs, infant seats, play yards, exercise chairs or saucers (but not walkers), infant swings, high chairs, and floor space.

b. The variety of play spaces shall cumulatively offer:

(1) Room for extensive movement (rolling, crawling, or walking) and exploration;

(2) A diversity of sensory and perceptual experiences; and

(3) Equipment and toys that support large and small motor development.

c. Staff shall provide frequent opportunities for infants to creep, crawl, toddle and walk.

d. Infants shall be protected from older children.

e. Staff shall provide awake infants not playing on the floor or ground a change in play space at least every 30 minutes or more often as determined by the individual infant's needs.

f. Staff shall change the position of an awake infant playing on the floor or ground and the selection of toys available to the infant every 30 minutes or more often as determined by the individual infant's needs.

g. Infants, who cannot turn themselves over and are awake, shall be placed on their stomachs a total of 30 minutes each day to facilitate upper body strength and to address misshapen head concerns.

  1. Stimulation and language development activities, including but not limited to staff reading, talking to, showing pictures to, naming objects for, playing with and engaging in positive interactions (such as smiling, cuddling, and making eye contact) with infants.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-461 derived from Virginia Register Volume 14, Issue 21, eff. September 1, 1998; amended, Virginia Register Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-370, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; amended and renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-380 Daily activities for toddlers and preschoolers

A. There shall be a posted daily schedule that allows for flexibility as children's needs require. The daily schedule need not apply on days occupied a majority of the time by a field trip or other special event. The daily schedule shall include opportunities for:

  1. Outdoor activity, weather and air quality allowing, for at least:

a. Fifteen minutes per day or session if the center operates up to three hours per day or session;

b. Thirty minutes per day or session if the center operates between three and five hours per day or session; or

c. One hour per day or session if the center operates more than five hours per day or session.

  1. Sleep or rest.

a. Centers operating five or more hours per day shall have a designated rest period for at least one hour but no more than two hours.

(1) Cribs, cots, beds, or mats shall be used.

(2) After the first 30 minutes, children not sleeping may engage in quiet activities.

b. A child who falls asleep in a place other than his designated sleeping location may remain in that space if comfortable and safe.

c. Sleeping toddlers shall be individually checked every 30 minutes.

  1. Meals and snacks as specified in 8VAC20-780-560 and 8VAC20-780-570.

  2. Small and large motor activities, language and communication experiences, sensory experiences, art or music activities, and play acting or social living.

B. Staff shall encourage language development by having conversations with children that give them time to initiate and respond, by labeling and describing objects and events, having storytelling time and by expanding the children's vocabulary.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-471 derived from Virginia Register Volume 14, Issue 21, eff. September 1, 1998; amended, Virginia Register Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-380, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; amended and renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-390 Daily activities for school age children

A. Before or after school, the center shall provide an opportunity for children to do homework or projects or hobbies in a suitable area. In the afternoon, there shall be an opportunity for large motor activities at least 25% of the time.

B. On nonschool days, the daily activity shall include opportunities for large motor activities at least 25% of the time; small motor activities; projects, hobbies, or homework in a suitable place; art or music activities; outdoor activity in accordance with 8VAC20-780-380 A 1 and food as specified in 8vAC20-780-560 and 8VAC20-780-570.

Exception: Specialty camps are not required to meet the requirements of this subsection.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-481 derived from Virginia Register Volume 14, Issue 21, eff. September 1, 1998; amended and renumbered as 22VAC40-185-390, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; amended and renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-400 Behavioral guidance

A. In order to promote the child's physical, intellectual, emotional, and social well-being and growth, staff shall interact with the child and one another to provide needed help, comfort, support and:

  1. Respect personal privacy;

  2. Respect differences in cultural, ethnic, and family backgrounds;

  3. Encourage decision-making abilities;

  4. Promote ways of getting along;

  5. Encourage independence and self-direction; and

  6. Use consistency in applying expectations.

B. Behavioral guidance shall be constructive in nature, age and stage appropriate, and shall be intended to redirect children to appropriate behavior and resolve conflicts.

C. When time out is used as a behavior guidance technique:

  1. It shall be used sparingly and shall not exceed one minute for each year of the child's age;

  2. It shall be appropriate to the child's developmental level and individual needs;

  3. It shall not be used with infants or toddlers;

  4. The child shall be in a safe, lighted, well-ventilated place, and within actual sight and sound of a staff member; and

  5. The child shall not be left alone inside or outside the center.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-484 derived from Virginia Register Volume 14, Issue 21, eff. September 1, 1998; amended and renumbered as 22VAC40-185-400, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021; Volume 38, Issue 2, eff. October 13, 2021.
8VAC20-780-410 Forbidden actions

The following actions or threats thereof are forbidden:

  1. Physical punishment, striking a child, roughly handling or shaking a child, restricting movement through binding or tying, forcing a child to assume an uncomfortable position, or exercise as punishment;

  2. Enclosure in a small confined space or any space that the child cannot freely exit himself; however, this does not apply to the use of equipment such as cribs, play yards, high chairs, and safety gates when used with children preschool age or younger for their intended purpose;

  3. Punishment by another child;

  4. Separation from the group so that the child is away from the hearing and vision of a staff member;

  5. Withholding or forcing of food or rest;

  6. Verbal remarks which are demeaning to the child;

  7. Punishment for toileting accidents; and

  8. Punishment by applying unpleasant or harmful substances.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-487 derived from Virginia Register Volume 14, Issue 21, eff. September 1, 1998; amended and renumbered as 22VAC40-185-410, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-420 Parental involvement

A. Before the child's first day of attending, parents shall be provided in writing the following:

  1. The center's philosophy and any religious affiliation;

  2. Operating information, including the hours and days of operation and holidays or other times closed, and the phone number where a message can be given to staff;

  3. The center's transportation policy;

  4. The center's policies for the arrival and departure of children, including procedures for verifying that only persons authorized by the parent are allowed to pick up the child, picking up children after closing, and when a child is not picked up for emergency situations including inclement weather or natural or man-made disasters;

  5. The center's policy regarding any medication or medical procedures that will be given;

  6. The center's policy regarding application of:

a. Sunscreen;

b. Diaper ointment or cream; and

c. Insect repellent.

  1. Description of established lines of authority for staff;

  2. Policy for reporting suspected child abuse as required by § 63.2-1509 of the Code of Virginia;

  3. The custodial parent's right to be admitted to the center as required by § 22.1-289.054 of the Code of Virginia;

  4. Policy for communicating an emergency situation with parents;

  5. The appropriate general daily schedule for the age of the enrolling child;

  6. Food policies;

  7. Discipline policies including acceptable and unacceptable discipline measures; and

  8. Termination policies.

B. Staff shall promptly inform parents when persistent behavioral problems are identified; such notification shall include any disciplinary steps taken in response.

C. A custodial parent shall be admitted to any child day program. Such right of admission shall apply only while the child is in the child day program (§ 22.1-289.054 of the Code of Virginia).

D. The center shall provide opportunities for parental involvement in center activities.

E. Communication.

  1. For each infant, the center shall post a daily record which can be easily accessed by both the parent and the staff working with the child. The record shall contain the following information:

a. The amount of time the infant slept;

b. The amount of food consumed and the time;

c. A description and time of bowel movements;

d. Developmental milestones; and

e. For infants, who are awake and cannot turn over by themselves, the amount of time spent on their stomachs.

  1. If asked by parents, staff shall provide feedback about daily activities, physical well-being, and developmental milestones.

  2. Parents shall be provided at least semiannually in writing information on their child's development, behavior, adjustment, and needs.

a. Staff shall provide at least semiannual scheduled opportunities for parents to provide feedback on their children and the center's program.

b. Staff shall request at least annually parent confirmation that the required information in the child's record is up to date.

c. Such sharing of information shall be documented.

d. Short-term programs (as defined in 8VAC20-780-10) are exempt from this requirement.

  1. Parents shall be informed of reasons for termination of services.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-490 derived from VR175-08-01 § 6.5, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-420, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; amended and renumbered Volume 37, Issue 24, eff. July 1, 2021; Volume 38, Issue 2, eff. October 13, 2021.
8VAC20-780-430 Equipment and materials

A. Furnishings, equipment, and materials shall be of an appropriate size for the child using it.

B. Materials and equipment available shall be age and stage appropriate for the children and shall include an adequate supply as appropriate for each age group of arts and crafts materials, texture materials, construction materials, music and sound materials, books, social living equipment, and manipulative equipment.

C. Play equipment used by children shall meet the following requirements:

  1. Openings above the ground or floor which allow a 3-1/2 inch by 6-1/4 inch rectangle to fit through shall also allow a nine-inch circle to fit through;

  2. S-hooks where provided may not be open more than the thickness of a penny; and

  3. Have no protrusions, sharp points, shearing points, or pinch points.

D. The unenclosed climbing portion of slides and climbing equipment used by toddlers and preschool children shall not be more than seven feet high and must be located over resilient surfacing where outdoors, and shall not be more than five feet high where indoors.

E. Centers may not install after June 1, 2005, any slide or climbing equipment to be used by preschoolers or toddlers when the climbing portion of the equipment is more than six feet in height.

F. The climbing portions of indoor slides and climbing equipment over 18 inches shall not be over bare flooring.

G. The climbing portions of indoor slides and climbing equipment 36 inches or more shall be located over a resilient surface.

H. Trampolines may not be used.

EXCEPTION: The requirements of subsections A through H of this section shall not prohibit child day programs providing care for school-age children at a location that is currently approved by the Department of Education or recognized as a private school by the State Board of Education for school occupancy and that houses a public or private school during the school year from permitting school-age children to use outdoor play equipment and areas approved for use by students of the school during school hours.

I. If combs, toothbrushes, or other personal articles are used, they shall be individually assigned.

J. Disposable products shall be used once and discarded.

K. Provision shall be made for an individual place for each child's personal belongings.

L. Infant walkers shall not be used.

M. Play yards where used shall:

  1. Meet the Juvenile Products Manufacturers Association (JPMA) and the American Society for Testing and Materials (ASTM) requirements and shall retain the manufacturer's label documenting product compliance with current safety standards at the time they were manufactured;

  2. Not be used after recalled;

  3. Not use any pillows or filled comforters;

  4. Not be used for the designated sleeping areas;

  5. Not be occupied by more than one child; and

  6. Be sanitized each day of use or more often as needed.

N. Upon being informed that a product has been recalled, center staff shall remove the item from the center.

O. Where portable water coolers are used, they shall be of cleanable construction, maintained in a cleaned condition, kept securely closed and so designed that water may be withdrawn from the container only by water tap or faucet.

P. Drinking water which is transported to camp sites shall be in closed containers.

Q. Therapeutic child day programs and special needs child day programs serving children who use wheelchairs shall provide cushioned vinyl-covered floormats for use when activities require children to be out of their wheelchairs.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-500 derived from VR175-08-01 § 6.6, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; Volume 28, Issue 7, eff. January 5, 2012; amended and renumbered as 22VAC40-185-430, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-440 Cribs, cots, rest mats, and beds

A. Cribs, cots, rest mats or beds shall be provided for children during the designated rest period and not be occupied by more than one child at a time.

B. Cribs, cots, rest mats, and beds shall be identified for use by a specific child.

C. Double decker cribs, cots, or beds, or other sleeping equipment when stacked shall not be permitted.

D. Occupied cribs, cots, rest mats, and beds shall be at least 2-1/2 feet from any heat producing appliance.

E. There shall be at least 12 inches of space between occupied cots, beds, and rest mats.

Exception: Twelve inches of space are not required where cots, beds, or rest mats are located adjacent to a wall or a divider as long as one side is open at all times to allow for passage.

F. If rest mats are used, they shall have cushioning and be sanitized on all sides weekly or before use by another child.

G. Cribs shall be used for children under 12 months of age and for children over 12 months of age who are not developmentally ready to sleep on a cot or mat.

H. Cribs shall meet the following requirements:

  1. They shall meet the Consumer Product Safety Commission Standards at the time they were manufactured;

  2. They shall not have been recalled;

  3. There shall be no more than six centimeters or 2-3/8 inches of space between slats;

  4. There shall be no more than one inch between the mattress and the crib; and

  5. End panel cut-outs in cribs shall be of a size not to cause head entrapment.

I. Cribs shall be placed where objects outside the crib such as cords from blinds or curtains are not within reach of infants or toddlers.

J. There shall be at least:

  1. Twelve inches of space between the sides and ends of occupied cribs except where they touch the wall; and

  2. Thirty inches of space between service sides of occupied cribs and other furniture where that space is the walkway for staff to gain access to any occupied crib.

K. Crib sides shall be up and the fastenings secured when a child is in the crib, except when a staff member is giving the child immediate attention.

L. Pillows and filled comforters shall not be used by children under two years of age.

M. Use of crib bumper pads shall be prohibited.

N. Toys or objects hung over an infant in a crib and crib gyms that are strung across the crib may not be used for infants over five months of age or infants who are able to push up on their hands and knees.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-510 derived from VR175-08-01 § 6.7, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-440, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-450 Linens

A. Cribs, cots, mats and beds used by children other than infants during the designated rest period or during evening and overnight care shall have linens consisting of a top cover and a bottom cover or a one-piece covering which is open on three edges. Cribs when being used by infants shall have a bottom cover.

B. Linens shall be assigned for individual use.

C. Linens shall be clean and washed at least weekly.

  1. Crib sheets shall be clean and washed daily.

  2. When centers wash the linens, the water shall be above 140°F or the dryer shall heat the linens above 140°F as verified by the manufacturer or a sanitizer shall be used according to the manufacturer's instructions.

D. Pillows when used shall be assigned for individual use and covered with pillow cases.

E. Mattresses when used shall be covered with a waterproof material which can be cleaned and sanitized.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-520 derived from VR175-08-01 § 6.8, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-450, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-460 Swimming and wading activities; staff and supervision

A. The staff-to-children ratios required by 8VAC20-780-350 B and 8VAC20-780-355 A and B shall be maintained while children are participating in swimming or wading activities.

  1. Notwithstanding the staff-to-children ratios already indicated, at no time shall there be fewer than two staff members supervising the activity.

  2. The designated certified lifeguard shall not be counted in the staff-to-children ratios.

B. If a pool, lake, or other swimming area has a water depth of more than two feet, a certified lifeguard holding a current certificate shall be on duty supervising the children participating in swimming or wading activities at all times when one or more children are in the water.

C. The lifeguard certification shall be obtained from an organization such as the American Red Cross, the YMCA, or the Boy Scouts.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-540 derived from VR175-08-01 § 6.10, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-460, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; amended and renumbered Volume 37, Issue 24, eff. July 1, 2021; Volume 38, Issue 2, eff. October 13, 2021.
8VAC20-780-470 Pools and equipment

A. When permanent swimming or wading pools are located on the premises of the center, the following shall apply:

  1. The manufacturer's specifications for operating the pool shall be followed as well as any local ordinances and any Department of Health requirements for swimming pools;

  2. Pools constructed, renovated, or remodeled after April 1, 1986, shall have a statement in writing of their inspection and approval from the local building official when such approval is required;

  3. Outdoor swimming pools shall be enclosed by safety fences and gates which are in compliance with the applicable edition of the Virginia USBC (13VAC5-62) and shall be kept locked when the pool is not in use;

  4. Entrances to indoor swimming pools shall be locked when the pool is not in use; and

  5. A whistle or other audible signaling device, a buoy or a lemon line, a reach pole, and a backboard shall be available at the swimming or wading site.

B. If children are allowed to swim in a lake or other place other than a pool, safe swimming areas shall be clearly marked and there shall be appropriate water safety equipment.

C. Piers, floats, and platforms shall be in good repair and where used for diving, the minimum water depth shall be stated on the deck or planking.

D. If portable wading pools without integral filter systems are used, they shall be emptied after the use of each group of children, rinsed, and filled with clean water, or more frequently as necessary.

E. Children who are not toilet trained may not use portable wading pools.

F. After each day's use, portable wading pools shall be emptied, sanitized, and stored in a position to keep them clean and dry.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-550 derived from VR175-08-01 § 6.11, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-470, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.

Part VII Special care provisions and emergencies

8VAC20-780-490 Preventing the spread of disease

A. A child shall not be allowed to attend the center for the day if he has:

  1. A temperature over 101°F;

  2. Recurrent vomiting or diarrhea; or

  3. A communicable disease.

B. If a child needs to be excluded according to subsection A of this section, the following shall apply:

  1. Arrangements shall be made for the child to leave the center as soon as possible after the signs or symptoms are noticed; and

  2. The child shall remain in the designated quiet area until leaving the center.

C. When children at the center have been exposed to a communicable disease listed in the Department of Health's current communicable disease chart, the parents shall be notified within 24 hours or the next business day of the center's having been informed unless forbidden by law, except for life threatening diseases, which must be reported to parents immediately.

D. The center shall consult the local department of health if there is a question about the communicability of a disease.

E. When any surface has been contaminated with body fluids, it shall be cleaned and sanitized.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-570 derived from VR175-08-01 § 7.1, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-490, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-500 Hand washing and toileting procedures

A. Hand washing.

  1. Children's hands shall be washed with soap and running water or disposable wipes before and after eating meals or snacks.

  2. Children's hands shall be washed with soap and running water after toileting and any contact with blood, feces, or urine.

  3. Staff shall wash their hands with soap and running water:

a. Before and after helping a child use the toilet;

b. Before and after a diaper change;

c. After the staff member uses the toilet;

d. After any contact with body fluids;

e. Before feeding or helping children with feeding; and

f. Before preparing or serving food or beverages.

  1. If running water is not available, a germicidal cleansing agent administered per manufacturer's instruction may be used.

B. Diapering; soiled clothing.

  1. The diapering area shall be accessible and within the building used by children.

  2. There shall be sight and sound supervision for all children when a child is being diapered.

  3. The diapering area shall have the following:

a. A sink with running warm water not to exceed 120°F;

b. Soap, disposable towels, and single use gloves such as surgical or examination gloves;

c. A nonabsorbent surface for diapering or changing shall be used. For children younger than three years, this surface shall be a changing table or countertop designated for changing;

d. The appropriate disposal container as required by subdivision 6 of this subsection; and

e. A leakproof covered receptacle for soiled linens.

  1. When a child's clothing or diaper becomes wet or soiled, the child shall be cleaned and changed immediately.

  2. Disposable diapers shall be disposed in a leakproof or plastic-lined storage system that is either foot-operated or used in such a way that neither the staff member's hand nor the soiled diaper touches an exterior surface of the storage system during disposal.

  3. When cloth diapers are used, a separate leakproof storage system as specified in subdivision 5 of this subsection shall be used for each individual child.

  4. The diapering surface shall be used only for diapering or cleaning children, and it shall be cleaned with soap and at least room temperature water and sanitized after each use. Tables used for children's activities or meals shall not be used for changing diapers.

  5. Individual disposable barriers may be used between each diaper change. If the changing surface becomes soiled, the surface shall be cleaned and sanitized before another child is diapered.

  6. Staff shall ensure the immediate safety of a child during diapering.

C. Toilet training. For every 10 children in the process of being toilet trained, there shall be at least one toilet chair or one child-sized toilet, or at least one adult sized toilet with a platform or steps and adapter seat.

  1. The location of these items shall allow for sight and sound supervision of children in the classroom if necessary for the required staff-to-children ratios to be maintained.

  2. Toilet chairs shall be emptied promptly and cleaned and sanitized after each use.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-575 derived from Virginia Register Volume 14, Issue 21, eff. September 1, 1998; amended, Virginia Register Volume 21, Issue 12, eff. June 1, 2005; Errata, 21:13 VA.R. 1941 March 7, 2005; amended and renumbered as 22VAC40-185-500, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 21, eff. July 1, 2021; Volume 38, Issue 2, eff. October 13, 2021.
8VAC20-780-510 Medication

A. The decision to administer medicines at a facility may be limited by center policy to administer:

  1. Prescribed medications;

  2. Over-the-counter or nonprescription medications; or

  3. No medications except those required for emergencies or by law.

B. Prescription and nonprescription medication shall be given to a child:

  1. According to the center's written medication policies; and

  2. Only with written authorization from the parent.

C. Medication shall be administered by a staff member who is 18 years of age or older.

D. Nonprescription medication shall be administered by a staff member or independent contractor who meets the requirements in 8VAC20-780-245 J 1 or J 2.

E. The center's procedures for administering medication shall:

  1. Include any general restrictions of the center.

  2. For nonprescription medication, be consistent with the manufacturer's instructions for age, duration, and dosage.

  3. Include duration of the parent's authorization for medication, provided that it shall expire or be renewed after 10 work days. Long-term prescription drug use and over-the-counter medication may be allowed with written authorization from the child's physician and parent.

  4. Include methods to prevent use of outdated medication.

F. The medication authorization shall be available to staff during the entire time it is effective.

G. Medication shall be labeled with the child's name, the name of the medication, the dosage amount, and the time or times to be given.

H. Nonprescription medication shall be in the original container with the direction label attached.

I. The center may administer prescription medication that would normally be administered by a parent or guardian to a child provided:

  1. The medication is administered by a staff member or an independent contractor who meets the requirements in 8VAC20-780-245 J;

  2. The center has obtained written authorization from a parent or guardian;

  3. The center administers only those drugs that were dispensed from a pharmacy and maintained in the original, labeled container; and

  4. The center administers drugs only to the child identified on the prescription label in accordance with the prescriber's instructions pertaining to dosage, frequency, and manner of administration.

J. When needed, medication shall be refrigerated.

K. When medication is stored in a refrigerator used for food, the medications shall be stored together in a container or in a clearly defined area away from food.

L. Medication, except for those prescriptions designated otherwise by written physician's order, including refrigerated medication and staff's personal medication, shall be kept in a locked place using a safe locking method that prevents access by children.

M. If a key is used, the key shall not be accessible to the children.

N. Centers shall keep a record of medication given children, which shall include the following:

  1. Child to whom medication was administered;

  2. Amount and type of medication administered to the child;

  3. The day and time the medication was administered to the child;

  4. Staff member administering the medication;

  5. Any adverse reactions; and

  6. Any medication error.

O. Staff shall inform parents immediately of any adverse reactions to medication administered and any medication error.

P. When an authorization for medication expires, the parent shall be notified that the medication needs to be picked up within 14 days or the parent must renew the authorization. Medications that are not picked up by the parent within 14 days will be disposed of by the center by either dissolving the medication down the sink or flushing it down the toilet.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-580 derived from VR175-08-01 § 7.2, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; Volume 23, Issue 20, eff. July 11, 2007; amended and renumbered as 22VAC40-185-510, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; amended and renumbered Volume 37, Issue 24, eff. July 1, 2021; Volume 38, Issue 2, eff. October 13, 2021.
8VAC20-780-520 Over-the-counter skin products

A. All nonprescription drugs and over-the-counter skin products shall be used in accordance with the manufacturer's recommendations. Nonprescription drugs and over-the-counter skin products shall not be kept or used beyond the expiration date of the product.

B. If sunscreen is used, the following requirements shall be met:

  1. Written parent authorization noting any known adverse reactions shall be obtained;

  2. Sunscreen shall be in the original container and labeled with the child's name;

  3. Sunscreen does not need to be kept locked but shall be inaccessible to children under five years of age or those children in a therapeutic child day program or special needs child day program;

  4. Any center-kept sunscreen shall be hypo-allergenic and have a minimum SPF of 15;

  5. Staff members without medication administration training may apply sunscreen, unless it is prescription sunscreen, in which case the storing and application of sunscreen must meet medication-related requirements; and

  6. Children nine years of age and older may administer their own sunscreen if supervised.

C. If diaper ointment or cream is used, the following requirements shall be met:

  1. Written parent authorization noting any known adverse reactions shall be obtained;

  2. These products shall be in the original container and labeled with the child's name;

  3. These products do not need to be kept locked but shall be inaccessible to children;

  4. A record shall be kept that includes the child's name, date of use, frequency of application and any adverse reactions; and

  5. Staff members without medication administration training may apply diaper ointment, unless it is prescription diaper ointment, in which case the storing and application of diaper ointment must meet medication-related requirements.

D. If insect repellent is used, the following requirements shall be met:

  1. Written parent authorization noting any known adverse reactions shall be obtained;

  2. Insect repellent shall be in the original container and labeled with the child's name;

  3. Insect repellent does not need to be kept locked but shall be inaccessible to children;

  4. A record shall be kept that includes the child's name, date of use, frequency of application and any adverse reactions;

  5. Manufacturer's instructions for age, duration and dosage shall be followed; and

  6. Staff members without medication administration training may apply insect repellent, unless it is prescription insect repellent, in which case the storing and application of insect repellent must meet medication-related requirements.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-585 derived from Virginia Register Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-520, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-530 First aid training and cardiopulmonary resuscitation (CPR)

A. At least one staff in each classroom or area where children are present shall have, within 90 days of October 13, 2021:

  1. Current certification in cardiopulmonary resuscitation (CPR) as appropriate to the age of the children in care from an organization such as the American Red Cross, American Heart Association, American Safety and Health Institute, or National Safety Council. The training shall include an in-person competency demonstration; and

  2. Current certification in first aid from an organization such as the American Red Cross, American Heart Association, American Safety and Health Institute, or National Safety Council.

B. CPR and first aid certification training may count toward the annual training hours required in 8VAC20-780-245.

C. There shall be at least two staff members who meet the requirements of subsection A of this section present on the premises during the center's hours of operation, on fieldtrips, and wherever children are in care .

D. Primitive camps shall have a staff member on the premises during the hours of operation who has at least current certification in first responder training.

E. Staff who is a registered nurse or licensed practical nurse with a current license from the Board of Nursing shall not be required to obtain first aid certification.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-590 derived from VR175-08-01 § 7.3, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-530, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; amended and renumbered Volume 37, Issue 24, eff. July 1, 2021; Volume 38, Issue 2, eff. October 13, 2021.
8VAC20-780-540 First aid and emergency supplies

A. A first aid kit shall be:

  1. On each floor of each building used by children;

  2. Accessible to outdoor play areas;

  3. On field trips; and

  4. Wherever children are in care.

B. Each first aid kit shall be easily accessible to staff but not to children.

C. The required first aid kits shall include at a minimum:

  1. Scissors;

  2. Tweezers;

  3. Gauze pads;

  4. Adhesive tape;

  5. Band-aids, assorted types;

  6. An antiseptic cleansing solution /pads;

  7. Thermometer;

  8. Triangular bandages;

  9. Single use gloves such as surgical or examination gloves; and

  10. The first aid instructional manual.

D. The following emergency supplies shall be required at the center and be available on field trips:

  1. Activated charcoal preparation (to be used only on the direction of a physician or the center's local poison control center); and

  2. An ice pack or cooling agent.

E. The following nonmedical emergency supplies shall be required:

  1. One working, battery-operated flashlight on each floor of each building that is used by children; and

  2. One working, battery-operated radio in each building used by children and any camp location without a building.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-600 derived from VR175-08-01 § 7.4, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-540, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-550 Procedures for emergencies

A. The center shall have a written emergency preparedness plan that addresses staff responsibility and facility readiness with respect to emergency evacuation and relocation, shelter-in-place, and lockdown. The plan, which shall be developed in consultation with local or state authorities, shall include the most likely to occur emergency scenario or scenarios, including fire, severe storms, loss of utilities, natural disaster, chemical spills, intruder, violence at or near the center, terrorism specific to the locality, and other situations, including facility damage that requires evacuation, lockdown, or shelter-in-place.

B. The emergency preparedness plan shall contain procedural components for:

  1. Sounding of alarms, such as intruder, evacuation, lockdown, and shelter-in-place for tornado or chemical hazards;

  2. Emergency communication to include:

a. Establishment of center emergency officer and back-up officer to include 24-hour contact telephone number for each;

b. Notification of local authorities, such as fire and rescue, law enforcement, emergency medical services, poison control, health department, and parents and local media; and

c. Availability and primary use of communication tools;

  1. Evacuation to include:

a. Assembly points, methods to account for all children at the assembly point and relocation site, primary and secondary means of egress, and complete evacuation of the buildings;

b. Securing of essential documents, including attendance records, parent contact information, emergency contact information, and information on allergies or food intolerances;

c. Methods to ensure any health care needs to include medications and care plans; emergency contact information for staff; and supplies are taken to the assembly point or relocation site;

d. Method of communication with parents and emergency responders;

e. Accommodations or special requirements for infants, toddlers, and children with special needs to ensure their safety during evacuation or relocation; and

f. Procedures to reunite children with a parent or authorized person designated by the parent to pick up the child;

  1. Shelter-in-place to include:

a. Scenario applicability, such as tornado or chemical spill, inside assembly points, methods to account for all children at the safe locations, and primary and secondary means of access and egress;

b. Securing of essential documents, including attendance records, parent contact information, emergency contact information, and information on allergies;

c. Methods to ensure any health care needs to include medications and care plans; emergency contact information for staff; and supplies are taken to the assembly point or relocation site;

d. Method of communication with parents and emergency responders;

e. Accommodations or special requirements for infants, toddlers, and children with special needs to ensure their safety during shelter-in-place; and

f. Procedures to reunite children with a parent or authorized person designated by the parent to pick up the child;

  1. Lockdown, to include:

a. Facility containment procedures, such as closing of fire doors or other barriers, scenario applicability, assembly points, and methods to account for all children at the safe locations;

b. Method of communication with parents and emergency responders;

c. Accommodations or special requirements for infants, toddlers, and children with special needs to ensure their safety during lockdown; and

d. Procedures to reunite children with a parent or authorized person designated by the parent to pick up the child;

  1. Continuity of operations to ensure that essential functions are maintained during an emergency;

  2. Staff training requirement, drill frequency, and plan review and update; and

  3. Other special procedures developed with local authorities.

C. Emergency evacuation and shelter-in-place procedures or maps shall be posted in a location conspicuous to staff and children on each floor of each building.

D. The center shall implement a monthly practice evacuation drill.

E. Shelter in place procedures shall be practiced a minimum of twice per year.

F. Lockdown procedures shall be practiced at least annually.

G. Documentation shall be maintained of emergency evacuation, shelter-in-place, and lockdown drills that includes:

  1. Identity of the person conducting the drill;

  2. The date and time of the drill;

  3. The method used for notification of the drill;

  4. The number of staff participating;

  5. The number of children participating;

  6. Any special conditions simulated;

  7. The time it took to complete the drill;

  8. Problems encountered, if any; and

  9. For emergency evacuation drills only, weather conditions.

H. The center shall maintain a record of the dates of the practice drills for one year. For centers offering multiple shifts, the simulated drills shall be divided evenly among the various shifts.

I. A 911 or local dial number for police, fire and emergency medical services and the number of the regional poison control center shall be posted in a visible place at each telephone.

J. Each camp location shall have an emergency preparedness plan and warning system.

K. The center shall prepare a document containing local emergency contact information, potential shelters, hospitals, evacuation routes, etc., that pertain to each site frequently visited or of routes frequently driven by center staff for center business such as field trips or pick up or drop off of children to or from schools etc. This document must be kept in vehicles that centers use to transport children to and from the center.

L. Parents shall be informed of the center's emergency preparedness plan.

M. Based on local authorities and documented normal ambulance operation, if an ambulance service is not readily accessible within 10 to 15 minutes, other transportation shall be available for use in case of emergency.

N. The center or other appropriate official shall notify the parent immediately if a child is lost, requires emergency medical treatment, or sustains a serious injury.

O. The center shall notify the parent by the end of the day of any known minor injuries.

P. The center shall maintain a written record of children's serious and minor injuries in which entries are made the day of occurrence. The record shall include the following:

  1. Date and time of injury;

  2. Name of injured child;

  3. Type and circumstance of the injury;

  4. Staff present and treatment;

  5. Date and time when parents were notified;

  6. Any future action to prevent recurrence of the injury;

  7. Staff and parent signatures or two staff signatures; and

  8. Documentation on how parent was notified.

Q. A parent shall be notified immediately of any confirmed or suspected allergic reaction and the ingestion of or contact with any food in the written care plan required in 8VAC20-780-60 A 8 even if a reaction did not occur.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-610 derived from VR175-08-01 § 7.5, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-550, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021; Volume 38, Issue 2, eff. October 13, 2021.

Part VIII Special Services

8VAC20-780-560 Nutrition and food services

A. Centers shall schedule appropriate times for snacks or meals, or both, based on the hours of operation and time of the day (e.g., a center open only for after school care shall schedule an afternoon snack; a center open from 7 a.m. to 1 p.m. shall schedule a morning snack and midday meal).

B. The center shall ensure that children arriving from a half-day, morning program who have not yet eaten lunch receive a lunch.

C. The center shall schedule snacks or meals so that there is a period of at least 1-1/2 hours but no more than three hours between each meal or snack unless there is a scheduled rest or sleep period for children between the meals and snacks.

D. Drinking water or other beverage not containing caffeine shall be offered at regular intervals to nonverbal children.

E. In environments of 80°F or above, attention shall be given to the fluid needs of children at regular intervals. Children in such environments shall be encouraged to drink fluids as outlined in subsection D of this section.

F. When centers choose to provide meals or snacks, the following shall apply:

  1. Centers shall follow the most recent, age-appropriate nutritional requirements of the Child and Adult Care Food Program of the United States Department of Agriculture (USDA).

  2. Children shall be allowed second helpings of food listed in the USDA's child and adult care meal patterns.

  3. Centers offering both meals and snacks shall serve a variety of nutritious foods and shall serve at least three sources of vitamin A and at least three sources of vitamin C on various days each week.

  4. Children three years of age or younger may not be offered foods that are considered to be potential choking hazards.

  5. A menu listing foods to be served for meals and snacks during the current one-week period shall:

a. Be dated;

b. Be posted in a location conspicuous to parents or given to parents;

c. List any substituted food; and

d. Be kept on file for one week at the center.

  1. Powdered milk shall not be used except for cooking.

G. When food is brought from home, the following shall apply:

  1. The food container shall be sealed and clearly dated and labeled in a way that identifies the owner;

  2. The center shall have extra food or shall have provisions to obtain food to serve to children so they can have an appropriate snack or meal if they forget to bring food from home, bring an inadequate meal or snack, or bring perishable food; and

  3. Unused portions of opened food shall be discarded by the end of the day or returned to the parent.

H. If a catering service is used, it shall be approved by the local health department.

I. Contaminated or spoiled food shall not be served to children.

J. Tables and high chair trays shall be:

  1. Sanitized before and after each use for feeding; and

  2. Cleaned at least daily.

K. Children shall be encouraged to feed themselves.

L. Staff shall sit with children during meal times.

M. No child shall be allowed to drink or eat while walking around.

N. Food shall be prepared, stored, and transported in a clean and sanitary manner.

O. When food is prepared to which a child in care is allergic, staff shall take steps to avoid cross contamination to prevent an allergic reaction.

P. A child with a diagnosed food allergy shall not be served any food identified in the written care plan required in 8VAC20-780-60 A 8.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-620 derived from VR175-08-01 § 8.1, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-560, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021; Volume 38, Issue 2, eff. October 13, 2021.
8VAC20-780-570 Special feeding needs

A. High chairs, infant carrier seats, or feeding tables shall be used for children under 12 months who are not held while being fed.

  1. Children using infant seats or high chairs shall be supervised during snacks and meals.

  2. When a child is placed in an infant seat or high chair, the protective belt shall be fastened securely.

B. Bottle fed infants who cannot hold their own bottles shall be held when fed. Bottles shall not be propped or used while the child is in his designated sleeping location.

C. The record of each child on formula shall contain:

  1. The brand of formula; and

  2. The child's feeding schedule.

D. Infants shall be fed on demand or in accordance with parental instructions.

E. Prepared infant formula shall be refrigerated, dated and labeled with the child's name.

F. Heated formula and baby food shall be stirred or shaken and tested for temperature before serving to children.

G. Milk, formula or breast milk shall not be heated or warmed directly in a microwave. Note: Water for warming milk, formula, or breast milk may be heated in a microwave.

H. Prepared baby food not consumed during that feeding by an infant may be used by that same infant later in the same day, provided that the food is not served out of the baby jar and is dated and stored in the refrigerator; otherwise, it shall be discarded or returned to the parent at the end of the day. Formula or breast milk shall not remain unrefrigerated for more than two hours and may not be reheated.

I. A one-day's emergency supply of disposable bottles, nipples, and commercial formulas appropriate for the children in care shall be maintained at the center.

J. Breastfeeding shall be permitted.

K. Staff shall feed semisolid food with a spoon unless written instructions from a physician or physician's designee state differently.

L. For therapeutic child day programs and special needs child day programs, the consistency of food shall be appropriate to a child's special feeding needs. Necessary and adaptive feeding equipment and feeding techniques shall be used for children with special feeding needs.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-630 derived from VR175-08-01 § 8.2, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-570, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-580 Transportation and field trips

A. If the center provides transportation, the center shall be responsible from the time the child boards the vehicle until returned to the parents or person designated by the parent.

B. Any vehicle used by the center for the transportation of children shall meet the following requirements:

  1. The vehicle shall be manufactured for the purpose of transporting people seated in an enclosed area;

  2. The vehicle's seats shall be attached to the floor;

  3. The vehicle shall be insured with at least the minimum limits established by Virginia state statutes;

  4. The vehicle shall meet the safety standards set by the Department of Motor Vehicles and shall be kept in satisfactory condition to assure the safety of children; and

  5. If volunteers supply personal vehicles, the center is responsible for ensuring that the requirements of this subsection are met.

C. The center shall ensure that during transportation of children:

  1. Virginia state statutes about safety belts and child restraints are followed as required by §§ 46.2-1095 through 46.2-1100 of the Code of Virginia, and stated maximum number of passengers in a given vehicle is not exceeded;

  2. The children remain seated and each child's arms, legs, and head remain inside the vehicle;

  3. Doors are closed properly and locked unless locks were not installed by the manufacturer of the vehicle;

  4. At least one staff member or the driver always remains in the vehicle when children are present;

  5. The following information is in transportation vehicles:

a. Emergency numbers as specified in 8VAC20-780-550 I and K;

b. The center's name, address, and phone number;

c. A list of the names of the children being transported; and

d. Allergy care plan and information as specified in 8VAC20-780-60 A 7 and A 8; and

  1. Staff who transport children shall be 18 years of age or older.

D. When entering and leaving vehicles, children shall enter and leave the vehicle from the curb side of the vehicle or in a protected parking area or driveway.

E. Children shall cross streets at corners or crosswalks or other designated safe crossing point if no corner or crosswalk is available.

F. The staff-to-children ratios of 8VAC20-780-350 B and 8VAC20-780-355 shall be followed on all field trips. The staff-to-children ratios need not be followed during transportation of school age children to and from the center. One staff member or adult is necessary in addition to the driver when 16 or more preschool or younger children are being transported in the vehicle.

G. The center shall make provisions for providing children on field trips with adequate food and water.

H. If perishable food is taken on field trips, the food shall be stored in insulated containers with ice packs to keep the food cold.

I. Before leaving on a field trip, a schedule of the trip's events and locations shall be posted and visible at the center site.

J. There shall be a communication plan between center staff and staff who are transporting children or on a field trip.

K. Staff shall verify that all children have been removed from the vehicle at the conclusion of any trip.

L. Parental permission for transportation and field trips shall be secured before the scheduled activity.

M. If a blanket permission is used instead of a separate written permission, the following shall apply:

  1. Parents shall be notified of the field trip; and

  2. Parents shall be given the opportunity to withdraw their children from the field trip.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-640 derived from VR175-08-01 § 8.3, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-580, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; amended and renumbered Volume 37, Issue 24, eff. July 1, 2021; Volume 38, Issue 2, eff. October 13, 2021.
8VAC20-780-590 Transportation for nonambulatory children

A. For therapeutic child day programs and special needs child day programs providing transportation, nonambulatory children shall be transported in a vehicle which is equipped with a ramp or hydraulic lift to allow entry and exit.

B. Wheelchairs shall be equipped with restraining devices and shall be securely fastened to the floor when used to seat children in a vehicle.

C. Arrangements of wheelchairs in a vehicle shall not impede access to exits.

D. For therapeutic child day programs and special needs child day programs, when the center is responsible for providing transportation, the center shall develop a plan based on the needs of the children in care to assure their safe supervision during on-loading, off-loading and transporting.

E. When 16 or more children are being transported, there shall be at least one center aide or adult besides the driver, for each group of 16.

F. For therapeutic child day programs and special needs child day programs, if a child has a known seizure disorder or neurological, genetic or physiological disability causing increased medical risk and that child is being transported, one center aide or adult who is not the driver and who is trained in CPR shall be present in the vehicle.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-650 derived from VR175-08-01 § 8.4, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998;Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-590, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-600 Animals and pets

A. Animals that are kept on the premises of the center shall be vaccinated, if applicable, against diseases which present a hazard to the health or safety of children.

B. Animals which are, or are suspected of being, ill or infested with external lice, fleas and ticks or internal worms shall be removed from contact with children.

C. If a child is bitten by an animal, an attempt shall be made to confine the animal for observation or laboratory analysis for evidence of rabies.

D. The site of the bite shall be washed with soap and water immediately, and the child's physician or local health department shall be contacted as soon as possible for medical advice.

E. The center shall report the animal bite incident to the local health department.

F. Manure shall be removed from barns, stables and corrals at least once a day and stored and disposed of in a manner to prevent the breeding of flies.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-660 derived from VR175-08-01 § 8.5, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-600, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-780-610 Evening and overnight care

A. For evening care, beds with mattresses or cots with at least one inch of dense padding shall be used by children who sleep longer than two hours and are not required to sleep in cribs.

Exception: Camps providing evening care on an occasional basis are not required to meet the requirements of this subsection if sleeping bags or cots are used.

B. For overnight care, beds with mattresses or cots with at least two inches of dense padding shall be used by children who are not required to sleep in cribs.

Exception: Camps providing overnight care on an occasional basis are not required to meet the requirements of this subsection if sleeping bags or cots are used.

C. For overnight care which occurs for a child on a weekly or more frequent basis, beds with mattresses shall be used.

D. In addition to 8VAC20-780-450about linens, bedding appropriate to the temperature and other conditions of the rest area shall be provided.

E. For evening and overnight care, separate sleeping areas shall be provided for children of the opposite sex eight years of age or older.

F. If sleeping bags are used, 8VAC20-780-440 A through E about rest furnishings shall also apply to the use of sleeping bags.

G. Camps may use bunk beds if children are at least eight years of age.

H. In centers providing overnight care, an operational tub or shower with heated and cold water shall be provided.

Exception: Primitive camps are not required to have a tub or shower.

I. When bath towels are used, they shall be assigned for individual use.

J. Activities for children in evening or overnight care shall include, as time allows, age-appropriate activities as described in 8VAC20-780-360 through 8VAC20-780-390.

K. Quiet activities shall be available immediately before bedtime.

L. For children receiving evening or overnight care, the provider shall offer an evening snack.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC15-30-670 derived from VR175-08-01 § 8.6, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-610, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; amended and renumbered Volume 37, Issue 24, eff. July 1, 2021.

Chapter 790 Child Care Program

Part I General Provisions

8VAC20-790-10 Definitions

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

"Administrative disqualification hearing" or "ADH" means an impartial review by a state hearing officer of a recipient's actions involving an alleged intentional program violation for the purpose of determining if the individual did or did not commit an intentional program violation.

"Applicant" means a person who has applied for child care services and the disposition of the application has not yet been determined.

"Assets" means resources owned by a person or company regarded as having value and available to meet debts and commitments.

"Background checks" means the checks for barrier crimes and offenses required under Article 5 (§ 22.1-289.034 et seq.) of Chapter 14.1 of Title 22.1 of the Code of Virginia, including the sworn statement or affirmation as is required by Article 5; the criminal history record check; and the Child Protective Services Central Registry check.

"Child care subsidy and services" or "Child Care Subsidy Program" means the department program that assists eligible low-income families with the cost of child care and those activities that assist eligible families in the arrangement for or purchase of child care for children for care that is less than a 24-hour day. It also includes activities that promote parental choice, consumer education to help parents make informed choices about child care, activities to enhance health and safety standards established by the state, and activities that increase and enhance child care and early childhood development resources in the community.

"Child experiencing homelessness" means a child who lacks a fixed, regular, and adequate nighttime residence and includes:

  1. A child who is living in a car, park, public space, abandoned building, substandard housing, bus or train station, or similar settings;

  2. A child who is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason (sometimes referred to as "doubled-up");

  3. A child who is living in a motel, hotel, trailer park, or camping grounds due to lack of alternative adequate accommodations;

  4. A child who is living in congregate, temporary, emergency, or transitional shelters;

  5. A child who is abandoned in a hospital;

  6. A child who is living in a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; and

  7. A child who is a migratory child as defined in § 1309 of the Elementary and Secondary Education Act of 1965, P.L. No. 89-10 (20 USC § 6399) who qualifies as homeless because he is living in circumstances described in clauses (i) through (iii) of 42 USC § 11432a(2)(8).

"Child protective services" means the identification, receipt, and immediate response to complaints and reports of alleged child abuse or neglect for children younger than 18 years of age. It also includes assessment and arranging for and providing necessary protective and rehabilitative services for a child and his family when the child has been found to have been abused or neglected or is at risk of being abused or neglected.

"Child with special needs or disability" means (i) a child with a disability as defined in § 602 of the Individuals with Disabilities Education Act (20 USC § 1401); (ii) a child who is eligible for early intervention services under Part C of the Individuals with Disabilities Education Act (20 USC § 1431 et seq.); (iii) a child who is younger than 13 years of age and who is eligible for services under § 504 of the Rehabilitation Act of 1973 (29 USC § 794); and (iv) a child with a documented developmental disability, intellectual disability, emotional disturbance, sensory or motor impairment, or significant chronic illness who requires special health surveillance or specialized programs, interventions, technologies, or facilities.

"Conditional eligibility" means an eligibility approval for (i) families with a child experiencing homelessness or (ii) families under job search, not to exceed 90 days, in order to obtain required documentation needed to complete a final eligibility determination.

"Copayment" means the amount paid to the provider by the parent to contribute toward the cost of child care. Such amount shall be established by the department in accordance with the current Child Care and Development Fund Plan for Virginia, approved by the U.S. Department of Health and Human Services. Copayments do not include charges above the maximum reimbursable rate, or charges for registration, activities, or transportation.

"Department" means the Virginia Department of Education.

"Exit eligibility limit" means the maximum gross countable income amount that a family can receive to be considered income eligible at redetermination. Such amount shall be established by the department in the current Child Care and Development Plan for Virginia approved by the U.S. Department of Health and Human Services.

"Family" means any adult or emancipated minor and children related by blood, marriage, adoption, or an expression of kinship who function as a family unit.

"Federal poverty guidelines" means the income levels by family size, determined by the U.S. Department of Health and Human Services, used as guidelines in determining at what level families in the country are living in poverty.

"Fee" means a charge for a service and may include copayments, charges above the maximum reimbursable rate, or charges for registration, activities, or transportation.

"Fee Program" means a category in the child care subsidy program that assists low income, non-TANF families with child care services.

"Fiscal year" means the local department financial calendar that begins in June of each calendar year and runs through May of the following calendar year.

"Graduated phase out" means the period of time for child care subsidy and services to continue as determined by the local department at redetermination for recipients whose income exceeds the initial eligibility limit but is below the exit eligibility limit.

"Head Start" means the comprehensive federal child development programs that serve children from birth through five years of age, pregnant women, and their families (as established by the Head Start Act (42 USC § 9801)).

"Income eligible" means that eligibility for assistance under the Child Care Subsidy Program is based on income and family size.

"In-home" means child care provided in the home in which all of the children in care reside and in which the provider does not reside.

"Initial eligibility limit" means the maximum gross countable income amount that a family can receive to be considered income eligible. Such amount shall be established by the department in the current Child Care and Development Plan for Virginia approved by the U.S. Department of Health and Human Services.

"Intentional program violation" or "IPV" means any action by an individual for the purpose of establishing or maintaining the family's eligibility for assistance under the Child Care Subsidy Program or for increasing or preventing a reduction in the amount of the assistance by (i) intentionally giving a false or misleading statement or misrepresenting, concealing, or withholding facts or (ii) any act intended to mislead, to misrepresent, conceal, or withhold facts, or to propound a falsity.

"Level one provider" means a child care provider that is not licensed by the department or is not approved (i) by a licensed family day system, (ii) under a local ordinance in accordance with §§ 15.2-741 and 15.2-914 of the Code of Virginia, or (iii) by the federal government.

"Level two provider" means a child care provider that is licensed by the department or is approved (i) by a licensed family day system, (ii) under local ordinance in accordance with §§ 15.2-741 and 15.2-914 of the Code of Virginia, or (iii) by the federal government.

"Local department" means the local department of social services of any county or city in the Commonwealth.

"Maximum reimbursable rate" means the maximum rate paid for child care services through the subsidy program that is established by the department and set out in the current Child Care and Development Fund Plan for Virginia filed with the U.S. Department of Health and Human Services.

"Need for child care" means the parents meet the income eligibility and employment or education requirements set forth in this chapter and require child care services for part of the day.

"Nonfraud overpayment" means an overpayment that is the result of a local department error or an inadvertent household or provider error.

"Parent" means the adult or emancipated minor, as defined in § 16.1-334 of the Code of Virginia, who acts as the primary caretaker or guardian of a child, including an individual acting in loco parentis. A parent may be by blood, marriage, or adoption and also means a legal guardian, person cohabiting with the natural or adoptive parent of a minor child, or other person standing in loco parentis.

"Provider" or "child care provider" means a person, entity, or organization providing child care services.

"Resource and referral" means services that provide information to parents to assist them in choosing a child care provider and may include assessment of the family's child care needs, collection and maintenance of information about child care needs in the community, and efforts to improve the quality and increase the supply of child care.

"Service plan" means the written, mutually agreed upon activities and responsibilities between the local department and the parent in the provision of assistance for child care services under the Child Care Subsidy Program.

"Superintendent" means Superintendent of Public Instruction or the superintendent's designee.

"Supplemental Nutrition Assistance Program" or "SNAP" means the program administered by the U.S. Department of Agriculture to reduce hunger and increase food security.

"Supplemental Nutrition Assistance Program Employment and Training" or "SNAPET" means the program that provides job search, job search training, education, training, and work experience to nonpublic assistance SNAP recipients.

"TANF assistance unit" means a household composed of an individual or individuals who meet all categorical requirements and conditions of eligibility for TANF.

"TANF capped child" means a child who the TANF worker has determined ineligible for inclusion in the TANF assistance unit because the child was born more than 10 full months after the mother's initial TANF payment was issued.

"Temporary Assistance for Needy Families" or "TANF" means the program authorized in § 406 of the Social Security Act (42 USC § 606) and administered by the department through which a relative can receive monthly cash assistance for the support of the relative's eligible children.

"Transitional child care" means the program that provides child care subsidy assistance to eligible former TANF recipients after the TANF case closes.

"Vendor" means a legally operating child care provider who is approved by the department to participate in the Child Care Subsidy Program. Multiple facilities or sites operated by the same person, entity, or organization are considered separate vendors.

"Vendor agreement" means the agreement between the department and a child care vendor that must be entered into and signed before child care payments under the Child Care Subsidy Program can be authorized.

"Virginia Initiative for Education and Work" or "VIEW" means the program of employment opportunities to assist individuals receiving Temporary Assistance for Needy Families in attaining the goal of self-sufficiency as implemented in the Commonwealth of Virginia.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-10 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.
8VAC20-790-20 Families and children to be served

A. For an applicant to be eligible for child care subsidy and services, the applicant must have a child who, at the time of eligibility determination or redetermination:

  1. Is younger than 13 years of age or is younger than the age of 18 years and physically or mentally unable to care for himself, or under court supervision;

  2. Is a citizen or legal resident of the United States;

  3. Is immunized according to requirements of the State Board of Health; however, families of a child experiencing homelessness that cannot provide documentation of their child's immunizations may be conditionally approved for services for a period not to exceed 90 days;

  4. Is not eligible to attend public school during the part of the day when public education is available unless there is a documented reason for the child to be out of school;

  5. Resides with the applicant or recipient for services;

  6. Resides in the locality where application or redetermination for services is made;

  7. Resides with a family whose income does not exceed the income limits established by the department in the current Child Care and Development Fund Plan for Virginia approved by the U.S. Department of Health and Human Services;

  8. Resides with a family whose family assets do not exceed $1 million in value, as certified by the applicant; and

  9. Resides with a family in which there is a need for child care services, arising from one of the following situations:

a. In a two-parent household, there must be a documented reason why one of the parents cannot provide the needed child care.

b. Parents who need child care to support the following approved activities:

(1) Employment or employment search;

(2) Education or training leading to employment;

(3) Child protective services; or

(4) Assigned VIEW or SNAPET activity.

B. At the option of the local department, a child born to a family 10 months or more after the initial date of approval for the Fee Program may receive child care services or be placed on the local department waiting list.

C. A child of an owner or operator of a family day home shall not be eligible to receive a child care subsidy if that child will be cared for in the home of the owner or operator.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-20 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021; amended, Virginia Register Volume 39, Issue 5, eff. November 25, 2022.
8VAC20-790-30 Child care subsidy program categories

Assistance under the Child Care Subsidy Program is provided through the following program categories, to the extent that funding is available:

  1. TANF. Child care subsidy and services are made available to recipients of TANF. TANF child care includes needed child care for:

a. A TANF-capped child;

b. A child who receives Supplemental Security Income (SSI) if the parent is on the TANF grant and if the child would have been in the public assistance unit were it not for the receipt of SSI; and

c. Children who are not in the TANF assistance unit but who are financially dependent upon the parent who is in the TANF assistance unit.

  1. Income eligible programs.

a. Transitional child care. Child care subsidy and services are made available to eligible children of:

(1) Former TANF recipients for up to the 12 months following TANF case closure to support parental employment and

(2) Former VIEW participants when the individual is enrolled in an accredited public institution of higher learning or other postsecondary school licensed or certified by the State Board of Education or the State Council of Higher Education for Virginia and is taking courses as part of a curriculum that leads to a postsecondary credential, such as a degree or an industry-recognized certification, or license, and

If the family is found income eligible, and there is a need for child care.

b. Head Start wrap-around child care. Head Start wrap-around child care subsidy and services are made available to eligible Head Start enrolled children. The program is for extended day and extended year child care beyond times covered by federally funded Head Start programs.

c. SNAP child care. Child care subsidy and services are made available to children of parents in Virginia's SNAP Education and Training (SNAPET) program to allow participation in an approved activity.

d. Fee Program child care. Fee child care subsidy and services are made available to children in eligible low-income families who are not receiving TANF or SNAPET and who meet the eligibility criteria for child care.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-30 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended, Virginia Register Volume 36, Issue 2, eff. October 17, 2019; renumbered, Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-40 Case management

A. Applicants for child care subsidy and services must be at least 18 years of age unless the applicant is an emancipated minor.

B. Applicants are required to sign an application, provide verification of identity, and cooperate with an assessment by the local department of social services.

C. At initial eligibility determination, a family with a child experiencing homelessness that cannot provide the required documentation may be conditionally approved for services for a period not to exceed 90 days. The final eligibility determination shall be completed once the 90 days has expired or full documentation is provided. No payments made prior to the final eligibility determination shall be considered an error or improper payment. Families with a child experiencing homelessness shall receive priority placement on the waiting list, if applicable.

D. A family with a child care need under job search may be conditionally eligible for services, with up to one extension for extraordinary circumstances.

E. Consumer education, including education on the selection and monitoring of quality child care and how to access information regarding the selected vendor as to the (i) health and safety requirements met by the vendor, (ii) licensing or regulatory requirements met by the vendor, (iii) date the vendor was last inspected and any history of violations, and (iv) any voluntary quality standards met by the vendor, must be provided to parents to assist the parents in gaining needed information about the availability of child care services and providers. Parents must also be provided information on how to obtain a developmental screening for a child.

F. The department shall establish scales for determining financial eligibility for the income eligible child care subsidy program categories in subdivision 2 of 8VAC20-790-30.

  1. Any family that receives public assistance through Medicaid or the Special Supplemental Nutrition Program for Women, Infants, and Children shall be deemed to categorically satisfy income eligibility requirements to receive assistance under this chapter.

  2. Recipients in the TANF child care program category shall be considered income eligible based on receipt of TANF; the local department shall not be required to verify their income.

  3. At initial eligibility determination, income eligibility shall be determined by measuring the family's countable income and size against the percentage of the federal poverty guidelines for the family's locality. The family's income cannot exceed 85% of the state median income.

  4. At redetermination, if a recipient family's countable income exceeds the initial eligibility limit, the family shall be considered income eligible until its countable income meets or exceeds the exit eligibility limit established by the department. The family's income cannot exceed 85% of the state median income.

G. Families receiving child care subsidy and services shall be required to pay a copayment. The copayment amount will be based on a scale set out in the current Child Care and Development Fund Plan for Virginia. Copayments may be increased at redetermination and during graduated phase out if the family's countable income exceeds the initial eligibility limit but is below the exit eligibility limit. Local departments shall be required to act on changes reported by the family that would reduce the family's copayment during the 12-month eligibility period.

H. Income to be counted in determining income eligibility includes all earned and unearned income received by the family except the following:

  1. Supplemental Security Income;

  2. TANF benefits;

  3. Transitional payments of $50 per month to former VIEW participants;

  4. Diversionary assistance payments;

  5. General relief;

  6. SNAP benefits;

  7. Value of U.S. Department of Agriculture donated food;

  8. Benefits received under Title VII, Nutrition Program for the Elderly of the Older Americans Act of 1965;

  9. Value of supplemental food assistance under the Child Nutrition Act of 1996 and lunches provided under National School Lunch Act;

  10. Earnings of a child younger than 18 years of age;

  11. Earned income tax credit;

  12. Lump sum child support arrears payments;

  13. Scholarships, loans, or grants for education, except any portion specified for child care;

  14. Basic allowance for housing for military personnel living on base;

  15. Clothing maintenance allowance for military personnel;

  16. Payments received by AmeriCorps volunteers;

  17. Tax refunds;

  18. Lump sum insurance payments;

  19. Monetary gifts for one-time occasions or normal annual occasions;

  20. Payments made by non-financially responsible third parties for household obligations, unless payment is made in lieu of wages;

  21. Loans or money borrowed;

  22. Money received from sale of property;

  23. Earnings less than $25 a month;

  24. Capital gains;

  25. Withdrawals of bank deposits;

  26. GI Bill benefits;

  27. Reimbursements, such as for mileage;

  28. Foreign government restitution payments to Holocaust survivors;

  29. Payments from the Agent Orange Settlement Fund or any other fund established for settlement of Agent Orange product liability litigation; and

  30. Monetary benefits provided to the children of Vietnam Veterans as described in 38 USC § 1823(c).

The amount of wages subject to garnishment and the amount of child support paid to another household shall be deducted from the family's income.

I. The eligibility period for TANF (nonVIEW), transitional child care, Fee Program, and Head Start begins with the effective date of the approval of the child care subsidy and services application. The eligibility period for VIEW and SNAPET participants begins with the date of referral from the VIEW or SNAPET program.

J. Recipients will be eligible for child care subsidy and services for a minimum of 12 months before eligibility is redetermined, unless:

  1. The recipient's countable income exceeds 85% of state median income. Temporary increases in income will not affect eligibility or family copayments, including monthly income fluctuations that when taken in isolation may incorrectly indicate that a recipient's income exceeds 85% of state median income.

  2. There is a finding that the recipient committed an intentional program violation.

  3. The recipient is no longer a resident of Virginia.

  4. The recipient requests that the child care subsidy and services case be closed.

  5. The recipient is a family of a child experiencing homelessness that was approved as conditionally eligible and failed to provide necessary documentation to the local department within 90 days, or the recipient is determined ineligible after full documentation is provided.

  6. The recipient is a family with a child care need under job search that was approved as conditionally eligible and:

a. After the first 90 days, failed to provide documentation verifying employment or participation in another approved activity and was not approved for an extension; or

b. After the 90-day extension, failed to provide documentation verifying employment or participation in another approved activity.

K. Recipients will retain eligibility despite any change in residency within the state.

L. Recipients will retain eligibility despite any eligible child turning 13 years of age during the 12-month eligibility period.

M. The beginning date of service payment for TANF (nonVIEW), transitional child care, Fee Program, and Head Start participants may begin with the date the applicant is determined eligible and a vendor approved by the department is selected. The beginning date of service payment for VIEW or SNAPET participants may begin with the date of referral from the VIEW or SNAPET program if the applicant is determined eligible and a vendor approved by the department is selected.

  1. Eligibility must be determined within 30 days of receipt of a signed application or referral from VIEW or SNAPET by the local department.

  2. Payment cannot be made to any provider prior to the effective date of the provider's approval by the department as a vendor.

N. Eligibility will be redetermined in the final month of the 12-month eligibility period described in subsection I of this section, at which time the recipient will be contacted in order to have all eligibility criteria reevaluated. The local department's contact with the recipient should not unduly disrupt a parent's work schedule. Recipients shall not be required to appear in person for eligibility redetermination.

O. Child care case managers shall prepare a written service plan for each child care case with the applicant or recipient. The service plan shall state the activities and responsibilities of the local department and the parent in the provision of child care services. The VIEW Activity and Service Plan will serve as the service plan for parents active in VIEW. If the parents are SNAPET participants, the SNAPET Plan of Participation will serve as the service plan.

P. Recipients shall be required to:

  1. Report to the local department the following changes within 10 calendar days of the change:

a. Countable income that exceeds 85% of the state median income.

b. Recipient is no longer a resident of Virginia or the county in which the recipient is receiving services.

  1. Pay all fees owed to the vendor not paid for under the Child Care Subsidy Program or reimbursements owed to the local department; failure to do so may result in case closure at redetermination.

  2. Reimburse the local department for any overpayment made as a result of fraud, intentional program violation, or an inadvertent household error.

The local department shall inform recipients of child care subsidy and services of these responsibilities.

Q. Adequate documentation supporting the reasons for termination must be filed in the case record.

R. When sufficient funds are not available, local departments of social services must screen applicants for potential eligibility and place the applicants on the department's waiting list unless the family declines placement.

S. Applicants and recipients will be afforded due process through timely written notices of any action determining or affecting eligibility for services or copayment amount. Such written notice shall include the reason for the action and the notice of appeal rights and procedures, including the right to a fair hearing if the applicant or recipient is aggrieved by the local department's action or failure to act on an application. If a recipient requests an appeal prior to the effective date of any proposed action and if the continuation of services is requested by the parent, child care services will continue until a decision is rendered by a hearing officer. If the decision of the local department is upheld by the hearing officer, the recipient must repay the amount of services paid during the appeal process.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-40 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021; amended, Virginia Register Volume 39, Issue 5, eff. November 25, 2022; Volume 41, Issue 5, eff. November 20, 2024; Volume 42, Issue 5, eff. November 19, 2025.
8VAC20-790-50 Parental choice

Families who receive child care subsidy and services shall have the right to choose a provider from among child care providers operating legally and that are approved by the department to participate in the Child Care Subsidy Program as a vendor. Local departments shall not establish any policies that limit parental choice of providers.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-60 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-60 Access to children

A. Vendors shall allow parents unlimited access to their children when they are in care.

B. Vendors shall allow state and local department staff unlimited access to children in care.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-60 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-70 Vendor requirements

A. Vendors who participate in the subsidy program must be at least 18 years of age.

B. Vendors shall permit and cooperate with inspections by staff from the department and local departments of social services.

C. Vendors shall comply with the regulations applicable to the vendor's type of child care, including all requirements to conduct background checks.

D. Vendors shall comply with the subsidy program vendor requirements as outlined in Parts II ( 8VAC20-790-140 et seq.) and III ( 8VAC20-790-490 et seq.) of this chapter applicable to the vendor's type of care.

E. All vendors who participate in the Child Care Subsidy Program shall enter into a vendor agreement with the department. The vendor's signature or electronic submission confirms its agreement to comply with the applicable sections of this chapter and the terms of the agreement, including payment processes, electronic submission and tracking of attendance, absences, and vendor requirements. Vendors shall be subject to monitoring inspections to ensure compliance with this chapter and with the vendor agreement.

F. Employees of any division within the department or a local department of social services cannot participate in the subsidy program as a vendor.

G. Vendors shall provide notice to individuals required under this chapter to undergo background checks of the opportunity to challenge the results of the background checks in accordance with the procedures described in this subsection in the case of criminal checks, or by contacting the local department of social services that reported such individual to be named on the Child Protective Services Central Registry.

  1. Federal Bureau of Investigation (FBI): If an individual is denied employment or the opportunity to provide volunteer or contractual services because of information appearing on the individual's FBI record and it comes to the individual's attention that he is not the person of the record, the individual may initiate a challenge of the information contained in the record. The facility is required by state and federal laws to provide the individual with a copy of the challenge procedures. The challenge procedures can be found at https://www.fbi.gov/services/cjis/identity-history-summary-checks.

  2. Virginia State Police: In instances where it comes to an individual's attention that his name or other descriptive information is a matter of record in the Central Criminal Records Exchange, and he is not the person of the record, then the individual may initiate a challenge of the information contained in the record as provided at http://www.vsp.state.va.us/CJIS_CCRE.shtm. The individual must report this information to a local sheriff, police, or State Police Headquarters and request to be fingerprinted for the purpose of challenging a criminal record. The individual to be fingerprinted must show personal identification. The official taking the fingerprints must document on letterhead paper that he has reviewed the individual's personal identification and obtained the fingerprints. This letter and the fingerprints are to be mailed to the following address: Manager Central Criminal Records Exchange Virginia Department of State Police, P.O. Box 27472, Richmond, VA 23261-7472. Within five workdays, the individual who initiated the challenge will receive written confirmation of the fingerprint search results, whether he is or is not the person of the record, and record modifications taken, if applicable.

  3. If an individual successfully challenges information on a background check in accordance with these procedures, the vendor may submit a request for a new background investigation in order to obtain an accurate record.

H. Disputes between the vendor and the department regarding the payment for services rendered, enforcement or termination of the vendor agreement, or disqualification from participating in the Child Care Subsidy Program may be appealed by the vendor pursuant to the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia), as provided in this subsection. This shall be the sole remedy for such disputes.

  1. Within 30 days of the date of a written notice of department action against a vendor, the vendor may request an appeal in writing with the department.

  2. Upon receiving the vendor's notice of appeal, the department shall schedule an informal conference at which the vendor may provide such further information or present any additional facts for the department to reconsider its action. The department shall issue a written decision within 15 business days from the conclusion of the informal conference. The vendor may waive the holding of the informal conference and request the formal hearing described in subdivision 3 of this subsection in its initial request for an appeal to the department.

  3. The vendor may appeal the decision from the informal conference by requesting an administrative hearing within 30 days of the date of the decision from the informal conference. The administrative hearing shall be held in accordance with § 2.2-4020 of the Code of Virginia and shall be presided over by a hearing officer designated by the Supreme Court of Virginia pursuant to subsection A of § 2.2-4024 of the Code of Virginia. Within 30 days of the administrative hearing, the hearing officer shall recommend a decision to the Superintendent of Public Instruction of the Virginia Department of Education. The superintendent shall issue a final decision within 30 days of receipt of the hearing officer's recommended decision in accordance with subsection C of § 2.2-4021 of the Code of Virginia.

  4. The vendor may seek court review of the superintendent's decision in accordance with Article 3 (§ 2.2-4018 et. seq.) of the Virginia Administrative Process Act.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-70 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-80 Determining payment amount

A. Maximum reimbursable rates.

  1. The department will establish maximum reimbursable rates for child care subsidies for all localities in the state by type of care, level of regulatory oversight, age of child, and unit of service. Such rates shall be available in Appendices F and G of the Child Care Subsidy Program Guidance Manual on the department's website.

  2. For children with special needs or disability, payment over the maximum reimbursable rate is allowed when this is appropriate as determined and documented by the local department. The maximum reimbursable rate for children with special needs may not exceed twice the rate for care of children who do not have special needs.

  3. Vendors will be paid based on the cost methodology developed by the department in its Child Care Cost Estimation Report.

  4. Parents who choose a vendor that charges a rate higher than the maximum reimbursable rate set by the department shall be responsible for payment of the additional amount, if charged by the vendor, unless the local department elects to pay the additional amount out of local funds.

B. For in-home child care, the payment rate must be at least minimum wage, but not more than the maximum reimbursable rate for the number of children in care.

C. A single annual registration fee, if charged, will be paid to level two vendors only. The registration fee must not exceed $100 nor be higher than the fee the vendor charges the general public. If the requirement for payment of another registration fee is beyond the control of the recipient or due to extenuating circumstances, an additional registration fee may be paid. The cost of transportation services provided by the vendor, if any, shall be included in the total cost of care. The total cost of care, excluding the single annual registration fee but including other fees and transportation, must not exceed the maximum reimbursable rate.

D. Providers may be paid up to 15 days of planned closure for holidays, vacations, and professional development or planning time on which no child care services are provided as identified in the vendor agreement.

E. The department shall issue payments to Child Care Subsidy Program vendors for authorized enrollment, subject to the attendance threshold established by the department.

F. Family day home providers in the Child Care Subsidy Program may be paid for up to three sick days to care for themselves or a family member.

G. Child Care Subsidy Program vendor payment rates for infants and toddlers shall fully reflect the cost of care.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-80 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021; amended, Virginia Register Volume 39, Issue 5, eff. November 25, 2022.
8VAC20-790-90 Complaints in the child care setting

All complaints regarding possible child abuse or neglect occurring in a child care setting must be referred to the child protective services unit at the local department serving the area where the vendor is located. All other complaints must be referred to the department's hotline, which will be provided to parents during intake at initial eligibility determination and will be available on the department's website .

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-90 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-100 Recipient intentional program violation and disqualification

A. When it is suspected that there has been a deliberate misrepresentation of facts by a recipient in order to receive benefits, services, or payments, the local department shall investigate whether or not an intentional program violation was committed. If the local department finds clear and convincing evidence that an intentional program violation has occurred, the case will be referred for an administrative disqualification hearing. The local department may also refer the case to the attorney for the Commonwealth for criminal prosecution.

B. Recipients found to have committed an intentional program violation either through an administrative disqualification hearing or by a court of competent jurisdiction shall be ineligible to participate in the Child Care Subsidy Program for a period of three months upon the first finding, 12 months upon the second finding, and permanently upon the third finding.

C. In cases where a nonfraud overpayment occurred due to an inadvertent household error, the parent will not be disqualified from participating in the subsidy program as long as a repayment schedule is entered into with the local department and payments are made according to that schedule.

D. Administrative disqualification hearings shall be held in accordance with the following:

  1. Prior to submitting the request for an ADH to the state hearing authority, the local department shall provide written notification to the individual suspected of an intentional program violation that the individual can waive his right to an ADH by signing a waiver request and returning it to the local department within 10 days from the date notification is sent to the individual in order to avoid submission of the request for an ADH.

  2. If a signed waiver is received, no ADH is conducted and the disqualification period is imposed.

  3. The local department shall request an ADH be scheduled by submitting a written request to the state hearing authority. The form must include the following information:

a. Identifying information;

b. Summary of the allegations;

c. Summary of the evidence; and

d. Copies of documents supporting the allegations.

The referral is to be signed and dated by the supervisor or local department director.

  1. The hearing officer will schedule a date for the ADH and provide written notice to the individual suspected of committing an IPV at least 30 days in advance of the date the ADH has been scheduled. The notice shall contain at a minimum:

a. The date, time, and place of the hearing;

b. The charges against the individual;

c. A summary of the evidence, and how and where the evidence can be examined;

d. A statement that the decision will be based solely on information provided by the local department of social services if the individual fails to appear at the hearing;

e. A statement that the individual or representative will, upon receipt of the notice, have 10 days from the date of the scheduled hearing to present good cause for failure to appear in order to receive a new hearing;

f. A statement that a determination of intentional program violation will result in a disqualification period, and a statement of which penalty is applicable to the case scheduled for a hearing;

g. A listing of the individual's rights, including the right to:

(1) Examine the contents of his case file and all documents and records to be used by the agency at the hearing at a reasonable time before the date of the hearing as well as during the hearing;

(2) At his option, present his case himself or with the aid of an authorized representative;

(3) Bring witnesses;

(4) Establish all pertinent facts and circumstances;

(5) Advance any arguments without undue interference; and

(6) Question or refute any testimony or evidence, including opportunity to confront and cross-examine adverse witnesses; and

h. If there is an individual or organization available that provides free legal representation, the notice shall advise the affected individual of the availability of the service.

  1. The time and place of the ADH shall be arranged so that the hearing is accessible to the individual suspected of committing an IPV. The individual may request a postponement of the ADH if the request for postponement is made at least 10 days in advance of the date of the scheduled hearing. The ADH shall not be postponed for more than a total of 30 days and the state hearing authority may limit the number of postponements.

  2. The ADH can be held even if the individual fails to appear. The individual has 10 days after the date of the scheduled ADH to present reasons indicating a good cause failure to appear.

  3. Even though the individual is not present, the hearing officer shall carefully consider the evidence and determine if an IPV was committed, based on clear and convincing evidence.

  4. If the recipient is found to have committed an IPV, but a hearing officer later determines there was good cause for not appearing, the previous decision will no longer be valid and a new ADH shall be conducted. The hearing officer who conducted the original hearing may conduct the new hearing. The good cause decision shall be entered into the hearing record by the hearing officer.

  5. The hearing officer shall:

a. Identify those present for the record;

b. Advise the individual that he may refuse to answer questions during the hearing and that anything said or signed by the individual concerning the charges may be used against him in a court of law;

c. Explain the purpose of the ADH, the procedure, and how and by whom a decision will be reached and communicated;

d. Consider all relevant issues and determine if an IPV was committed, based on clear and convincing evidence;

e. Request, receive, and make part of the record all evidence determined necessary to render a decision;

f. Regulate the conduct and course of the hearing consistent with due process to ensure an orderly hearing; and

g. Advise the local department to obtain a medical assessment at the local department's expense if the hearing officer considers it necessary.

  1. The individual alleged to have committed an IPV shall be given adequate opportunity to:

a. Examine all documents and records to be used at the ADH at a reasonable time prior to the ADH as well as during the ADH. The contents of the case file, including the application form and documents of verification used by the local department to establish the alleged IPV, shall be made available;

b. Present his case himself or with the aid of an authorized representative;

c. Bring witnesses;

d. Establish all pertinent facts and circumstances;

e. Question or refute any testimony or evidence, including the opportunity to confront and cross-examine witnesses; and

f. Advance arguments without any undue influence.

  1. The hearing officer shall prepare a written report of the hearing, which shall include findings, conclusions, decisions, and appropriate recommendations. The decision shall specify the reasons for the decision, identify the supporting evidence, identify pertinent regulations, and respond to reasoned arguments made by the individual or representative.

  2. If the individual is found to have committed an IPV, the written decision shall advise the individual that disqualification shall occur.

Upon receipt of the notice of a decision from the hearing officer finding that the individual committed an IPV, the local department shall inform the individual of the reason for the disqualification and the date the disqualification will take effect.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-100 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-110 Vendor agreement termination and vendor disqualification

A. A vendor agreement may be terminated for the following:

  1. The vendor's license to operate a child care facility is revoked, suspended, or denied.

  2. The vendor's business location changes; ownership of the vendor's business is assigned, sold, or otherwise transferred; the vendor's business structure changes; the vendor's employer identification number changes; or the vendor's legal operating status becomes invalid for any reason.

  3. A deliberate misrepresentation of facts to the department or a local department of social services by a vendor in order to receive payments it was not entitled to receive or acceptance by the vendor of payments that the vendor knows, or should reasonably have known, the vendor was not entitled to receive.

  4. The vendor fails to notify the department of a change in circumstances that affects payments received by the vendor.

  5. The vendor's violation of any term of the vendor agreement, of any requirement under this chapter, or of any state laws and regulations related to the vendor's license or its exemption from licensure, including the requirements for background checks of the vendor's employees, volunteers, and other individuals who come into contact with children.

B. When it is suspected that there has been a deliberate misrepresentation of facts by a vendor in order to receive payments it was not entitled to receive, the local department shall investigate. If there is clear and convincing evidence that such an act has occurred, the case will be referred to the Division of Child Care and Early Childhood Development for termination of the vendor agreement and possible disqualification from participation in the Child Care Subsidy Program. The local department may also refer the case to the attorney for the Commonwealth for criminal prosecution.

C. Vendors will be permanently disqualified from participating in the Child Care Subsidy Program upon the first criminal conviction of fraud or upon a finding by the department or local department that the vendor deliberately misrepresented facts in order to receive payments it was not entitled to receive.

D. Vendors found to be repeatedly in violation of their vendor agreement or of the requirements of this chapter for reasons other than acts by the vendor described in subsection B of this section may be disqualified to participate in the Child Care Subsidy Program for a minimum period of one year.

E. Individuals affiliated with vendors as owners, partners, directors, officers, shareholders, limited liability company members, and managers shall be subject to disqualification under this section.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-105 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-120 Repayment

A. In addition to any criminal punishment, anyone who causes the local department to make an overpayment to a vendor shall be required to repay the amount of the overpayment.

B. Any overpayment must be refunded to the department by the locality. If an overpayment was made as a result of an error by the local department, the local department will not seek to recoup those funds from the parent or the vendor.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-110 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part II Subsidy Program Vendor Requirements for Family Day Homes

8VAC20-790-140 Definitions; subsidy program requirements for family day home vendors

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

"Accessible" means capable of being entered, reached, or used.

"Adult" means any individual 18 years of age or older.

"Age and stage appropriate" means the curriculum, environment, equipment, and adult-child interactions are suitable for the ages of the children within a group and the individual needs of any child.

"Assistant" means an individual who helps the provider in the care, protection, supervision, and guidance to children in the home.

"Attendance" means the actual presence of an enrolled child.

"Body fluids" means urine, feces, vomit, saliva, blood, nasal discharge, eye discharge, and injury or tissue discharge.

"Caregiver" means an individual who provides care, protection, supervision, and guidance to children in the home and includes the provider and assistant.

"Child" means any individual less than 18 years of age.

"Child experiencing homelessness" means a child who lacks a fixed, regular, and adequate nighttime residence and includes:

  1. A child who is living in a car, park, public space, abandoned building, substandard housing, bus or train station, or similar settings;

  2. A child who is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason (sometimes referred to as "doubled-up");

  3. A child who is living in a motel, hotel, trailer park, or camping grounds due to lack of alternative adequate accommodations;

  4. A child who is living in congregate, temporary, emergency, or transitional shelters;

  5. A child who is abandoned in a hospital;

  6. A child who is living in a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; and

  7. A child who is a migratory child as defined in § 1309 of the Elementary and Secondary Education Act of 1965, P.L. No. 89-10 (20 USC § 6399) who qualifies as homeless because he is living in circumstances described in clauses (i) through (iii) of 42 U.S.C. § 11434a(2)(B).

"Child with special needs or disability" means (i) a child with a disability as defined in § 602 of the Individuals with Disabilities Education Act (20 USC § 1401); (ii) a child who is eligible for early intervention services under Part C of the Individuals with Disabilities Education Act (20 USC § 1431 et seq.); (iii) a child who is less than 13 years of age and who is eligible for services under § 504 of the Rehabilitation Act of 1973 (29 USC § 794); and (iv) a child with a documented developmental disability, intellectual disability, emotional disturbance, sensory or motor impairment, or significant chronic illness who requires special health surveillance or specialized programs, interventions, technologies, or facilities.

"Cleaned" means treated in such a way as to remove dirt and debris by scrubbing and washing with soap and water or detergent solution and rinsing with water or the use of an abrasive cleaner on inanimate surfaces.

"Communicable disease" means a disease caused by a microorganism (bacterium, virus, fungus, or parasite) that can be transmitted from person to person via an infected body fluid or respiratory spray, with or without an intermediary agent (such as a louse or mosquito) or environmental object (such as a table surface). Some communicable diseases are reportable to the local health authority.

"Department" means the Virginia Department of Education.

"Department representative" means an employee or designee of the Virginia Department of Education, acting as the authorized agent of the Superintendent of Public Instruction.

"Evacuation" means movement of occupants out of the building to a safe area near the building.

"Evening care" means care provided after 7 p.m. but not through the night.

"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 one through 12 children less than 13 years of age, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation.

"Inaccessible" means not capable of being entered, reached, or used.

"Infant" means a child from birth to 16 months of age.

"Lockdown" means a situation where children are isolated from a security threat, and access within and to the home is restricted.

"Overnight care" means care provided after 7 p.m. and through the night.

"Over-the-counter or nonprescription medication" means medication that can be purchased without a written prescription. This includes herbal remedies and vitamin and mineral supplements.

"Parent" means a parent by blood, marriage, or adoption and also means a legal guardian or other person standing in loco parentis.

"Preschool" means a child from two years up to the age of eligibility to attend public school, age five years by September 30 of that same year.

"Provider" means a person, entity, or organization providing child care services.

"Residence" means the principal legal dwelling that is occupied for living purposes by the provider or a child in care and contains the facilities necessary for sleeping, eating, cooking, and family living.

"Sanitized" means treated in such a way as to remove bacteria and viruses from inanimate surfaces through first cleaning and secondly using a solution of one tablespoon of bleach mixed with one gallon of water and prepared fresh daily or using a sanitizing solution approved by the U.S. Environmental Protection Agency. The surface of the item is sprayed or dipped into the sanitizing solution and then allowed to air dry for a minimum of two minutes or according to the sanitizing solution instructions.

"School age" means eligible to attend public school, age five years or older by September 30 of that same year.

"Serious injury" means a wound or other specific damage to the body, such as unconsciousness; broken bones; dislocation; a deep cut requiring stitches; poisoning; concussion; or a foreign object lodged in eye, nose, ear, or other body orifice.

"Shaken baby syndrome" or "abusive head trauma" means a traumatic injury that has been inflicted upon the brain of an infant or young child. The injury can occur during violent shaking causing the child's head to whip back and forth, the brain to move about, and blood vessels in the skull to stretch and tear.

"Shelter-in-place" means movement of occupants of the building to designated protected spaces within the building.

"Toddler" means a child from 16 months of age up to 24 months of age.

"Vendor" means a legally operating child care provider who is approved by the department to participate in the Child Care Subsidy Program. Multiple facilities or sites operated by the same person, entity, or organization are considered separate vendors.

"Vendor agreement" means the agreement between the department and a vendor that must be entered into and signed before child care payments paid to the vendor under the Child Care Subsidy Program can be authorized.

"Volunteer" means a person who works at the family day home and:

  1. Is not paid for services provided in the family day home;

  2. Is not counted in the caregiver-to-children ratios; and

  3. Is in sight and sound supervision of a caregiver when working with a child.

Any unpaid person not meeting this definition shall be considered a "caregiver" and shall meet caregiver requirements.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-120 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-150 (Reserved)

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-130 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-160 Purpose and applicability

The standards in this part apply to family day homes that participate in the Child Care Subsidy Program as a vendor. The purpose of these standards is to protect children who are less than the age of 13 years, less than the age of 18 years and physically or mentally unable to care for themselves, or under court supervision, and who are separated from their parents during part of the day by:

  1. Ensuring that the activities, services, and facilities of family day homes participating in the Child Care Subsidy Program are conducive to the well-being of children; and

  2. Reducing risks to the health and safety of such children in the child care environment.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-140 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-170 Operational responsibilities

A. The vendor shall ensure compliance with the standards in this part, the terms of the vendor agreement, and all relevant federal, state, or local laws and regulations.

B. The vendor shall ensure compliance with any of its own policies that have been disclosed to the parents of an enrolled child.

C. The vendor shall ensure that the applicant, household member, and any caregiver who is or will be involved in the day-to-day operations of the family day home or is or will be alone with, in control of, or supervising one or more of the children shall (i) undergo a background check in accordance with § 22.1-289.040 of the Code of Virginia; (ii) shall not have been convicted of a barrier crime as defined in § 19.2-392.02 of the Code of Virginia; and (iii) is not the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth.

D. The vendor shall ensure that the family day home does not exceed the capacity of children cared for as allowed by law or regulation.

E. When at least one child receives care for compensation, all children who are in care and supervision count in the capacity of children being cared for. When children 13 years or older are enrolled in the program and receive supervision in the program, they shall be counted in the number of children receiving care and the vendor shall comply with the standards in this part for these children.

F. The vendor shall inform all caregivers of children's allergies, sensitivities, and dietary restrictions.

G. The vendor shall maintain, in a way that is accessible to all caregivers, a current written list of all children's allergies, sensitivities, and dietary restrictions. This list shall be dated and kept confidential.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-150 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-180 General recordkeeping; reports

A. Caregiver records and children's information shall be kept confidential.

B. The vendor shall maintain a written hard copy record of daily attendance that documents the arrival and departure of each child in care as it occurs.

C. Children's records shall be made available to a child's parent upon request, unless otherwise ordered by the court.

D. Records, reports, and information required by this part may be kept as hard copy or electronically, except attendance records must be maintained pursuant to subsection B of this section, and shall be maintained in the home and made accessible to department's representative for five years after termination of services or separation from employment unless specified otherwise.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-160 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-190 Children's information

A. Vendors shall maintain, and keep at the family day home, written or electronic information for each enrolled child, which shall be made available to the department's representative upon request.

B. The child's information shall include the following:

  1. Child's full name, nickname (if any), sex, address, and birthdate;

  2. Proof of the child's identity;

  3. Name, home address, and telephone number for each parent who has custody;

  4. Name, address, and telephone number for each custodial parent's place of employment or school attendance, if applicable;

  5. Name, address, and telephone number of at least one person designated by the parent to contact in case of an emergency if the parent cannot be reached;

  6. If applicable, information on allergies, including food allergies, intolerances to food, medication, or other substances, and actions to be taken in an emergency situation; information on other physical problems; pertinent developmental information; and any special accommodations needed;

  7. Names of persons other than the custodial parent who are authorized to pick up the child;

  8. Immunization records for the child received on or before the child's first day of attendance, except that children experiencing homelessness may provide such records within 90 days of enrollment;

  9. Written authorization for emergency medical care should an emergency occur and the parent cannot be located immediately unless the parent presents a written objection for the provision of medical treatment on religious or other grounds;

  10. Written authorization to administer prescription or nonprescription medications if the vendor agrees to administer medication;

  11. Special care instructions, including recommendations for the care and activities of a child with special needs, exception to infant being fed on demand, etc.;

  12. A written care plan for each child with a diagnosed food allergy, to include instructions from a physician regarding the food to which the child is allergic and the steps to be taken in the event of a suspected or confirmed allergic reaction;

  13. Record of any accidents or injuries sustained by the child while in care;

  14. Permission to transport child if the vendor provides transportation;

  15. Permission for field trips;

  16. Permission for swimming or wading activities to include a parent's statement of the child's swimming ability, if applicable;

  17. A written statement that the vendor will notify the parent when the child becomes ill and that the parent will arrange to have the child picked up as soon as possible if so requested by the vendor;

  18. Any written agreements between the parent and the vendor; and

  19. Documentation of the enrollment of a child experiencing homelessness enrolled under provisions of 8VAC20-790-230 A 2.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-170 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-200 Caregiver records

The following records shall be kept for each caregiver:

  1. Name, address, verification of age, and date of employment or volunteering.

  2. Documentation that background checks were completed, including:

a. The department's letter indicating eligibility to be hired provided by the department or the department's contractor indicating:

(1) Satisfactory results of the fingerprint-based national criminal background check; and

(2) Satisfactory results of the Virginia Child Protective Services Central Registry check.

b. Satisfactory results of the child abuse and neglect registry from any other state in which the individual has resided in the preceding five years.

c. Results of a criminal history record information check and sex offender registry check from any state in which the person has resided in the preceding five years.

d. The individual's sworn statement or affirmation as to whether the individual has ever been:

(1) The subject of a founded complaint of child abuse or neglect within or outside the Commonwealth; or

(2) Convicted of a crime or is the subject of any pending criminal charges with the Commonwealth or any equivalent offense outside the Commonwealth.

e. The vendor shall have such documentation for any individual who begins employment or service after the vendor agreement has been signed in the file within 30 days of the individual's beginning date of employment or service.

f. Documentation of subsequent background checks conducted every five years.

  1. Tuberculosis screening results.

  2. Certifications for first aid, cardiopulmonary resuscitation, and other certifications as required by the responsibilities held by the caregiver.

  3. Documentation that training required by 8VAC20-790-250 has been completed that includes the name and topic of the training, the date completed, the total hours of the session, and the names of the organization that sponsored the training and of the trainer.

  4. Date of separation from employment where applicable.

  5. Documentation of the health requirements under 8VAC20-790-210.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-180 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; Errata, 35:7 VA.R. 1061 November 26, 2018; Errata, 35:8 VA.R. 1092 December 10, 2018; Volume 37, Issue 2, eff. October 15, 2020; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-210 Health requirements for caregivers

A. Each caregiver must be evaluated by a health professional and be issued a statement that the individual is determined to be free of communicable tuberculosis (TB). Documentation of the screening shall be submitted at the time of employment and prior to coming into contact with children. The documentation shall have been completed within the last 30 calendar days of the date of employment and be signed by a physician, physician's designee, or an official of the local health department.

B. Caregivers shall undergo TB screenings at least every two years from the date of the initial screening, or more frequently if recommended by a physician.

C. The vendor or the department's representative may require a report of examination by a licensed physician or mental health professional when there are indications that a caregiver's physical or mental health may endanger the health, safety, or well-being of children in care.

D. A caregiver who is determined by a licensed physician or mental health professional to show an indication of a physical or mental condition that may endanger the health, safety, or well-being of children in care or that would prevent the performance of duties shall be removed immediately from contact with children and food served to children until the condition is cleared as evidenced by a signed statement from the physician or mental health professional.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-190 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-220 Reports

A. The vendor shall inform the department's inspector as soon as practicable, but not to exceed one business day, of the following:

  1. The death of a child while under the vendor's supervision;

  2. A missing child when local authorities have been contacted for help; and

  3. The suspension or termination of all child care services for more than 24 hours as a result of an emergency situation and any plans to resume child care.

B. The vendor shall inform the department's representative as soon as practicable, but no more than two business days, of any injury to a child while under the vendor's supervision when a referral is made for treatment from a medical professional.

C. Any suspected incident of child abuse or neglect shall be reported in accordance with § 63.2-1509 of the Code of Virginia.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-200 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-230 Immunizations for children

A. Before a child may attend the family day home, the vendor shall obtain documentation that the child has been immunized according to the requirements of subsection A of § 32.1-46 of the Code of Virginia and applicable State Board of Health regulations.

  1. The vendor may allow a child to attend contingent upon a conditional enrollment. Documentation related to the child's conditional enrollment shall be maintained in the child's record. A conditional enrollment means the enrollment of a child for a period of 90 days contingent upon the child having received at least one dose of each of the required vaccines and the child possessing a plan from a physician or local health department for completing his immunization requirements within the ensuing 90 calendar days. If the child requires more than two doses of the hepatitis B vaccine, the conditional enrollment period, for hepatitis B vaccine only, shall be 180 calendar days.

  2. If a child is experiencing homelessness and does not have documentation of the required immunizations, the vendor may allow the child to attend during a grace period of no more than 90 days to allow the parent or guardian time to obtain documentation of required immunizations.

B. The vendor shall obtain documentation of additional immunizations once every six months for children less than the age of two years.

C. Pursuant to subsection C of § 22.1-271.2 of the Code of Virginia and 12VAC5-110-110, documentation of immunizations is not required for any child whose:

  1. Parent submits an affidavit to the vendor on the current form approved by the Virginia Department of Health stating that the administration of immunizing agents conflicts with the parent's or child's religious tenets or practices; or

  2. Physician or a local health department states on a Department of Health-approved form that one or more of the required immunizations may be detrimental to the child's health, indicating the specific nature and probable duration of the medical condition or circumstance that contraindicates immunization.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-210 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-240 General qualifications

A. The vendor and any caregivers who are left alone with children shall be capable of communicating effectively both orally and in writing as applicable to the job responsibility and be capable of communicating with emergency personnel.

B. Caregivers must be at least 16 years of age; however no caregiver less than the age of 18 years may administer medication. Caregivers less than the age of 18 years shall be under supervision of an adult caregiver who is present in the home.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-220 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-250 Caregiver training and development

A. Prior to approval as a subsidy vendor, the perspective vendor shall complete Virginia Preservice Training for Child Care Staff sponsored by the Department of Education, which shall include the following topics and training modules:

  1. Building and physical premises safety;

  2. Emergency preparedness and response planning;

  3. Prevention of sudden infant death syndrome (SIDS) and safe sleep practices;

  4. Administration of medication, consistent with standards of parental consent;

  5. Prevention of shaken baby syndrome and abusive head trauma (AHT);

  6. Prevention of and response to emergencies due to food and allergic reactions;

  7. Recognizing child abuse and neglect and reporting responsibilities;

  8. Preventing the spread of disease, including immunization requirements;

  9. Handling and storage of hazardous materials and appropriate disposal of diapers and other items contaminated by body fluids;

  10. Transportation;

  11. Foundations of child development;

  12. Inclusion: Exploring the meaning and the mindset;

  13. Oral health; and

  14. Introduction to the Child Care Subsidy Program.

B. Within the first 90 days of employment or service all caregivers shall complete Virginia Preservice Training for Child Care Staff sponsored by the Department of Education, which shall include training on the following topics and training modules:

  1. Building and physical premises safety;

  2. Emergency preparedness and response planning;

  3. Prevention of sudden infant death syndrome (SIDS) and safe sleep practices;

  4. Administration of medication, consistent with standards of parental consent;

  5. Prevention of shaken baby syndrome and abusive head trauma (AHT);

  6. Prevention of and response to emergencies due to food and allergic reactions;

  7. Recognizing child abuse and neglect and reporting responsibilities;

  8. Preventing the spread of disease, including immunization requirements;

  9. Handling and storage of hazardous materials and appropriate disposal of diapers and other items contaminated by body fluids;

  10. Transportation;

  11. Foundations of child development;

  12. Inclusion: Exploring the meaning and the mindset;

  13. Oral health; and

  14. Introduction to the Child Care Subsidy Program.

C. Orientation training for caregivers shall be completed on the following specific topics prior to the caregiver working alone with children and within seven days of the date of employment or the date of subsidy vendor approval:

  1. Playground safety procedures;

  2. Responsibilities for reporting suspected child abuse or neglect;

  3. Confidentiality;

  4. Supervision of children, including arrival and dismissal procedures;

  5. Procedures for action in the case of lost or missing children, ill or injured children, medical and general emergencies;

  6. Medication administration procedures, if applicable;

  7. Emergency preparedness plan as required in 8VAC20-790-420 B;

  8. Procedures for response to natural and man-made disasters;

  9. Prevention of shaken baby syndrome or abusive head trauma including coping with crying babies and fussy or distraught children;

  10. Prevention of sudden infant death syndrome and use of safe sleeping practices;

  11. Caregivers who work with children who have food allergies shall receive training in preventing exposure to foods to which the child is allergic, preventing cross contamination and recognizing and responding to any allergic reactions; and

  12. Transportation.

D. All caregivers shall have within 90 days of employment or 90 days from subsidy vendor approval:

  1. Current certification in cardiopulmonary resuscitation (CPR) appropriate to the ages of children in care. The training shall include an in-person competency demonstration; and

  2. Current certification in first aid appropriate to the ages of children in care. However, a caregiver who is a registered nurse or licensed practical nurse with a current license from the Board of Nursing shall not be required to obtain first aid certification.

During the 90-day period, there must always be at least one caregiver with current cardiopulmonary and first aid training present during operating hours of the family day home.

E. CPR and first aid training may count toward the annual training hours required in subsection H of this section if documentation for training as required in subdivision 5 of 8VAC20-790-200 is maintained.

F. Caregivers who work directly with children shall, in addition to preservice and orientation training required in subsections A through D of this section, annually attend at least 16 hours of training, to include the department's health and safety update course. This training shall be related to child safety, child development, health and safety in the family day home environment, and any required department sponsored training.

G. To safely perform medication administration practices, whenever a vendor agrees to administer prescribed medications, the (i) administration shall be performed by a caregiver who has satisfactorily completed a training program for this purpose developed by the Board of Nursing and taught by a registered nurse, licensed practical nurse, nurse practitioner, physician assistant, doctor of medicine or osteopathic medicine, or pharmacist or (ii) administration shall be performed by a caregiver who is licensed by the Commonwealth of Virginia to administer medications.

The vendor may determine by policy what medications, if any, will be administered at its family day home, including prescription medications or over-the-counter or nonprescription medications.

H. Caregivers required to have the training required in subsection I of this section shall be retrained at three-year intervals.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-230 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended, Virginia Register Volume 36, Issue 24, eff. August 19, 2020; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-260 Building or home maintenance

A. Areas and equipment of the family day home, inside and outside, shall be maintained in a clean, safe, and operable condition. Unsafe conditions shall include splintered, cracked, or otherwise deteriorating wood; chipped or peeling paint; visible cracks, bending or warping, rusting, or breakage of any equipment; head entrapment hazards; protruding nails, bolts, or other components that entangle clothing or skin; the presence of poisonous plants; tripping hazards; and unstable heavy equipment, furniture, or other items that a child could pull down on himself.

B. Inside areas occupied by children shall be maintained no lower than 65°F and shall not exceed 80°F unless fans or other cooling systems are in use.

C. In areas used by children of preschool age or younger, the following shall apply:

  1. Fans, when used shall be out of reach of children, and cords shall be secured so as not to create a hazard.

  2. Electrical outlets shall have protective covers that are of a size that cannot be swallowed by children.

D. Sharp kitchen utensils and other sharp objects shall be inaccessible to children unless being used by the caregiver or with children under close supervision.

E. The home shall have an in-service, nonpay telephone.

F. No equipment, materials, or furnishings shall be used if recalled or identified by the U.S. Consumer Product Safety Commission as being hazardous.

G. Radiators, oil and wood burning stoves, floor furnaces, fireplaces, portable electric heaters, and similar heating devices located in areas accessible to children shall have barriers or screens and be located at least three feet from combustible materials.

H. Unvented fuel burning heaters, such as portable oil-burning (kerosene) heaters; portable, unvented liquid or gas fueled heaters; and unvented fireplaces, shall not be used when children are in care.

I. Wood burning stoves and fireplaces and associated chimneys, if used, shall be inspected annually by a knowledgeable inspector to verify that the devices are properly installed, maintained, and cleaned as needed. Documentation of the inspection and cleaning shall be maintained by the vendor.

J. All flammable and combustible materials, including matches, lighters, lighter fluid, kerosene, turpentine, oil and grease products, aerosol cans, and alcohol, shall be stored in an area inaccessible to children.

K. Stairs shall not be accessible to children less than two years of age and children older than two years of age who are not developmentally ready to climb or descend stairs without supervision.

L. Stairs with three or more risers that do not have protective barriers or guardrails on each side shall not be accessible to children over the age of two years.

M. Decks, porches, lofts, or balconies that do not have protective barriers or guardrails shall not be accessible to children.

N. Windows and doors used for ventilation shall be securely screened.

O. Machinery in operation, such as lawnmowers and power tools shall be inaccessible to the children in care.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-240 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-270 Hazardous substances and other harmful agents

A. Potentially poisonous substances, materials, and supplies such as, but not limited to, cleaning agents, disinfectants, deodorizers, plant care chemicals, pesticides, and petroleum distillates shall be stored away from food in areas inaccessible to children.

B. Cleaning and sanitizing materials shall not be located above food, food equipment, utensils or single-service articles and stored separately from food.

C. If hazardous substances are not kept in original containers, the substitute container shall clearly indicate their contents.

D. The vendor shall ensure that:

  1. No person smokes or uses an electronic smoking device:

a. Indoors while children are in care,

b. In a vehicle when children are transported, or

c. Outdoors in an area occupied by children.

  1. No caregiver is under the effects of medication that impairs functioning, alcohol, or illegal drugs.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-250 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-280 Bathroom area and furnishings

A. Each bathroom area provided for children shall:

  1. Be within a contained area, readily available, and within the home used by the children;

  2. Have toilets that are flushable;

  3. Have sinks located near the toilets and that are supplied with running warm water that does not exceed 120°F; and

  4. Be equipped with soap, toilet paper, and disposable towels or an air dryer within reach of the children.

B. There shall be a toilet chair or an adult-sized toilet with a platform or steps and adapter seat available to a child being toilet trained.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-260 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-290 Play areas

A. The vendor shall ensure that all areas of the premises accessible to children are free of obvious injury hazards.

B. A nonclimbable barrier at least four feet high, such as a fence or impenetrable hedge, shall surround outdoor play areas located within 30 feet of hazards including lakes, ponds, railroad tracks, and streets with speed limits in excess of 25 miles per hour or with heavy traffic.

C. Stationary outdoor playground equipment shall not be installed over concrete, asphalt, or any other hard surface.

D. Trampolines shall not be used during the hours children are in care.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-270 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-300 Supervision and ratio requirements

A. A caregiver shall be physically present on site and provide direct care and supervision of each child at all times. Direct care and supervision of each child includes:

  1. Awareness of and responsibility for each child in care, including being near enough to intervene if needed; and

  2. Monitoring of each sleeping infant in one of the following ways:

a. By placing each infant for sleep in a location where the infant is within sight and hearing of a caregiver;

b. By in-person observation of each sleeping infant at least once every 15 minutes; or

c. By using a baby monitor.

B. Caregivers shall actively supervise each child during outdoor play to minimize the risk of injury to a child.

C. A caregiver may allow only school age children to play outdoors while the caregiver is indoors if the caregiver can hear the children playing outdoors.

D. No child less than five years of age or a child older than five years who lacks the motor skills and strength to avoid accidental drowning, scalding, or falling while bathing shall be left unattended while in the bathtub.

E. An additional caregiver will be needed to supervise the number of children at a given time when, using the following point system, 16 points is exceeded:

  1. Children from birth through 15 months of age count as four points each;

  2. Children from 16 months through 23 months of age count as three points each;

  3. Children from two years through four years of age count as two points each;

  4. Children from five years through nine years of age count as one point each; and

  5. Children who are 10 years of age and older count as zero points.

F. A vendor's own children and resident children under eight years of age shall count in point calculations.

G. In accordance with § 22.1-289.02 of the Code of Virginia, no family day home shall care for more than four children less than the age of two years, including the provider's own children and any children who reside in the home, unless the family day home is licensed or voluntarily registered.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-280 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-310 Supervision near water

A. Access to the water in aboveground swimming pools shall be prevented by locking and securing the ladder in place or storing the ladder in a place inaccessible to children.

B. A nonclimbable barrier at least four feet high such as, but not limited to, a fence or impenetrable hedge shall surround outdoor play areas located within 30 feet of drowning hazards such as, but not limited to, inground swimming or wading pools, ponds, or fountains not enclosed by safety fences.

C. Portable wading pools without integral filter systems shall:

  1. Be emptied after use by each group of children, rinsed, and filled with clean water, or more frequently as necessary; and

  2. When not in use during the vendor's hours of operation, be emptied, sanitized, and stored in a position to keep them clean and dry.

D. Portable wading pools shall not be used by children who are not toilet trained.

E. Hot tubs, spas, and whirlpools shall:

  1. Not be used by children in care, and

  2. Covered with safety covers while children are in care.

F. The level of supervision by caregivers required and the point system as outlined in 8VAC20-790-300 shall be maintained while the children are participating in swimming or wading activities.

G. Caregivers shall have a system for accounting for all children in the water.

H. Outdoor swimming activities shall occur only during daylight hours.

I. When one or more children are in water that is more than two feet deep in a pool, lake, or other swimming area on or off the premises of the family day home:

  1. A minimum of least two caregivers shall be present and able to supervise the children; and

  2. An individual currently certified in basic water rescue, community water safety, water safety instruction, or lifeguarding shall be on duty supervising the children participating in swimming or wading activities at all times.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-290 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-320 Daily activities

A. Infants and toddlers shall be provided with opportunities to:

  1. Interact with caregivers and other children in the home in order to stimulate language development;

  2. Play with a wide variety of safe, age-appropriate toys;

  3. Receive individual attention from caregivers including holding, cuddling, talking, and reading; and

  4. Reach, grasp, pull up, creep, crawl, and walk to develop motor skills.

B. Infants and toddlers shall spend no more than 30 continuous minutes during waking hours, with the exception of mealtimes, confined in a crib, play pen, high chair, or other confining piece of equipment. The intervening time period between such confinements shall be at least one hour.

C. Infants shall be placed on their backs when sleeping or napping unless otherwise ordered by a written statement signed by the child's physician.

D. An infant, toddler, or preschool child who falls asleep in a play space other than his own crib, cot, mat, or bed shall be moved promptly to his designated sleeping space if the safety or comfort of the infant, toddler, or preschool child is in question.

E. School age children shall be allowed to nap if needed, but not forced to do so.

F. Infants shall be protected from older children.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-300 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-330 Behavioral guidance

A. Behavioral guidance shall be constructive in nature, age and stage appropriate, and intended to redirect children to appropriate behavior and resolve conflicts.

B. In order to promote the child's physical, intellectual, emotional, and social well-being and growth, caregivers shall model desired, appropriate behavior and interact with the child and one another to provide needed help, comfort, and support and:

  1. Respect personal privacy;

  2. Respect differences in cultural, ethnic, and family background;

  3. Encourage decision-making abilities;

  4. Promote ways of getting along;

  5. Encourage independence and self-direction; and

  6. Use consistency in applying expectations.

C. If time-out is used as a discipline technique:

  1. It shall be used sparingly and shall not exceed one minute for each year of the child's age;

  2. It shall not be used with infants or toddlers;

  3. The child shall be in a safe, lighted, well-ventilated place and within sight and sound of a caregiver; and

  4. The child shall not be left alone inside or outside the home while separated from the group.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-310 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-340 Forbidden actions

The following actions or threats thereof are forbidden:

  1. Physical punishment, including striking a child, roughly handling or shaking a child, restricting movement through binding or tying, forcing a child to assume an uncomfortable position, or using exercise as a punishment;

  2. Enclosure in a small, confined space or any space that the child cannot freely exit himself; however this does not apply to the use of equipment such as cribs, play yards, high chairs, and safety gates when used for their intended purpose with children preschool age or younger;

  3. Punishment by another child;

  4. Withholding or forcing of food, water, or rest;

  5. Verbal remarks that are demeaning to the child;

  6. Punishment for toileting accidents; and

  7. Punishment by applying unpleasant or harmful substances.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-320 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-350 Parental involvement and notifications

A. The caregiver shall notify the parent immediately if a child is lost, requires emergency medical treatment, sustains a serious injury, or dies.

B. The caregiver shall notify the parent by the end of the day of any known minor injuries.

C. The caregiver shall maintain a written record of children's serious and minor injuries in which entries are made the day of occurrence. The record shall include the following:

  1. Date and time of injury;

  2. Name of injured child;

  3. Type and circumstance of the injury;

  4. Caregiver present and treatment;

  5. Date and time when parents were notified; and

  6. Caregiver and parent signatures.

D. Parents shall be notified immediately of any confirmed or suspected allergic reactions and the ingestion of any food identified in the written care plan required in 8VAC20-790-190 B 12 even if a reaction did not occur.

E. Parents shall be informed of the vendor's emergency preparedness plan.

F. Caregivers shall promptly inform parents when persistent behavioral problems are observed and identified.

G. Caregivers shall provide information weekly to parents about the child's health, development, behavior, adjustment, or needs.

H. Parents shall be informed of the reason for a child's termination from care.

I. A custodial parent shall be admitted to any child day program. Such right of admission shall apply only while the child is in the care of the vendor, pursuant to § 22.1-289.054 of the Code of Virginia.

J. When children at the family day home have been exposed to a communicable disease listed in the Department of Health's current communicable disease chart, the parents shall be notified within 24 hours or the next business day of the vendor's having been informed unless forbidden by law. Children's exposure to life threatening diseases shall be reported to parents immediately.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-330 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-360 Furnishings, equipment, and materials

A. Furnishings, materials, and equipment used for child care shall be age and stage appropriate for the children.

B. Children shall be protected from materials that could be swallowed or present a choking hazard. Toys or objects less than 1-1/4 inches in diameter and less than two inches in length shall be kept out of reach of children less than three years of age.

C. If combs, toothbrushes, or other personal articles are used, they shall be individually assigned.

D. Disposable products shall be used once and discarded.

E. If play yards, portable cribs, or mesh-sided cribs are used for sleeping or napping, they shall meet the requirements of subsections H through L of this section.

F. Cribs shall be provided for children from birth through 12 months of age and for children 12 months of age or older who are not developmentally ready to sleep on a cot, rest mat, or bed during the designated rest periods and shall not be occupied by more than one child at a time.

G. Cots, rest mats, or beds shall be provided for children 12 months of age or older and shall not be occupied by more than one child at a time.

H. Full-size cribs shall:

  1. Meet the current Consumer Product Safety Commission Standards (16 CFR Part 1219).

  2. Have mattresses that fit snugly next to the crib so that no more than two fingers can be inserted between the mattress and the crib.

I. Pillows and filled comforters shall not be used by children less than two years of age while sleeping or resting, including quilts, sheepskins, or stuffed toys.

J. Cribs shall be placed where objects outside the crib such as electrical cords or cords from blinds, curtains, etc. are not within reach of infants or toddlers.

K. Use of bumper pads shall be prohibited.

L. There shall be at least 12 inches of space between occupied cribs, cots, beds, and rest mats.

M. Toys or objects hung over an infant in a crib and crib gyms that are strung across the crib may not be used for infants older than five months of age or infants who are able to push up on their hands and knees.

N. Crib sides shall always be up and the fastenings secured when a child is in the crib.

O. Use of double-deck cribs is prohibited.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-340 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-370 Bedding and linens for use while sleeping or resting

A. Linens shall be assigned for individual use.

B. Pillows when used shall be assigned for individual use and covered with pillow cases.

C. Mattresses when used shall be covered with a waterproof material that can be cleaned and sanitized.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-350 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-380 Preventing the spread of disease

A. A child shall not be allowed to attend the family day home for the day if he has:

  1. A temperature over 101°F;

  2. Recurrent vomiting or diarrhea; or

  3. Symptoms of a communicable disease.

B. If all children in care are from a single family unit, the caregiver may choose not to exclude a child who is ill.

C. If a child needs to be excluded according to subsection A of this section, the following shall apply:

  1. Arrangements shall be made for the child to leave the family day home as soon as possible after the signs or symptoms are observed; and

  2. The child shall remain in a designated quiet area until leaving the family day home.

D. When any surface has been contaminated with body fluids, it shall be cleaned and sanitized.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-360 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-390 Hand washing and toileting procedures

A. When hand washing, the following shall apply:

  1. Children's hands shall be washed with soap and running water or disposable wipes before and after eating meals or snacks.

  2. Children's hands shall be washed with soap and running water after toileting and any contact with blood, feces, or urine.

  3. Caregivers shall wash their hands with soap and running water before and after helping a child use the toilet or changing a diaper, after the caregiver uses the toilet, after any contact with body fluids, before feeding or helping children with feeding, and before preparing or serving food or beverages.

  4. If running water is not available, a germicidal cleansing agent administered per manufacturer's instruction may be used.

B. A child shall not be left unattended on a changing table during diapering.

C. When a child's clothing or diaper becomes wet or soiled, the child shall be cleaned and changed immediately upon discovery.

D. During each diaper change or after toileting accidents, the child's genital area shall be thoroughly cleaned with a moist disposable wipe or a moist, clean individually assigned cloth if the child is allergic to disposable wipes.

E. The diapering surface shall be:

  1. Separate from the kitchen, food preparation areas, or surfaces used for children's activities;

  2. Nonabsorbent and washable; and

  3. Cleaned and sanitized after each use.

F. Soiled disposable diapers and wipes shall be disposed of in a leak-proof or plastic-lined storage system that is either foot operated or used in such a way that neither the caregiver's hand nor the soiled diaper or wipe touches the exterior surface of the storage system during disposal.

G. When cloth diapers are used, a separate leak-proof storage system as specified in subsection F of this section shall be used.

H. Children five years of age and older shall be permitted privacy when toileting.

I. Caregivers shall respond promptly to a child's request for toileting assistance.

J. Toilet chairs, when used, shall be emptied promptly, cleaned, and sanitized after each use.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-370 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-400 General requirements for medication administration

A. Prescription and nonprescription medications shall be given to a child:

  1. According to the home's written medication policies, and

  2. Only with written authorization from the parent.

B. The vendor may administer prescription medication that would normally be administered by a parent or guardian to a child provided:

  1. The medication is administered by a caregiver who meets the requirements of 8VAC20-790-250 I and J;

  2. The caregiver administers only those drugs that were dispensed from a pharmacy and maintained in the original, labeled container; and

  3. The caregiver administers drugs only to the child identified on the prescription label in accordance with the prescriber's instructions pertaining to dosage, frequency, and manner of administration.

C. The vendor may administer nonprescription medication provided the medication is:

  1. Administered by a caregiver 18 years of age or older;

  2. Labeled with the child's name;

  3. In the original container with the manufacturer's direction label attached; and

  4. Given only at the dose, duration, and method of administration specified on the manufacturer's label for the age or weight of the child needing the medication.

D. Nonprescription medication shall not be used beyond the expiration date of the product.

E. Medications for children in care shall be stored separately from medications for household members and caregivers.

F. When needed, medication shall be refrigerated.

G. When medication is stored in a refrigerator used for food, the medications shall be stored together in a container or in a clearly defined area away from food.

H. Medication, except for those prescriptions designated otherwise by written physician's order, including refrigerated medication and medications for caregivers and household members, shall be kept in a locked place using a safe locking method that prevents access by children. If a key is used, the key shall be inaccessible to the children.

I. The vendor shall keep a record of prescription and nonprescription medication given children, which shall include the following:

  1. Name of the child to whom medication was administered;

  2. Amount and type of medication administered to the child;

  3. The day and time the medication was administered to the child;

  4. Name of the caregiver administering the medication;

  5. Any adverse reactions; and

  6. Any medication error.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-380 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-410 First aid and emergency supplies

A. The following emergency supplies shall be in the family day home, accessible to outdoor play areas, on field trips, in vehicles used for transportation, and wherever children are in care:

  1. A first aid kit that contains at a minimum:

a. Scissors;

b. Tweezers;

c. Gauze pads;

d. Adhesive tape;

e. Bandages, assorted types and sizes;

f. An antiseptic cleansing solution and pads;

g. Digital thermometer; and

h. Single-use gloves such as surgical or examination gloves.

  1. An ice pack or cooling agent.

B. The following nonmedical emergency supplies shall be required:

  1. One working, battery-operated flashlight; and

  2. One working, battery-operated radio.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-390 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-420 Procedures for emergencies

A. The vendor shall have a written emergency preparedness plan that addresses caregiver responsibility and home readiness with respect to emergency evacuation, relocation, lockdown, and shelter-in-place procedures. The plan shall address the most likely to occur emergency scenarios, including fire, severe storms, flooding, tornadoes, loss of utilities, earthquakes, intruders, violence on or near the premises, chemical spills, and facility damage or other situations that may require evacuation, lockdown, or shelter-in-place.

B. The emergency preparedness plan shall contain procedural components for:

  1. Sounding of alarms (evacuation, intruder, shelter-in-place such as for tornado or chemical hazard);

  2. Emergency communication to include:

a. Notification of local authorities (fire and rescue, law enforcement, emergency medical services, poison control, health department, etc.), parents, and local media; and

b. Availability and primary use of communication equipment;

  1. Evacuation and relocation procedures, including:

a. Assembly points, designated relocation site, head counts, primary and secondary means of egress, and complete evacuation of the buildings;

b. Accommodations or special requirements for infants, toddlers, and children with special needs to ensure their safety during evacuation or relocation;

c. Securing of essential documents (attendance record, parent contact information, etc.) and special health care supplies to be carried off site on immediate notice;

d. Method of communication after the evacuation; and

e. Procedure to reunite children with a parent or authorized person designated by the parent to pick up the child;

  1. Shelter-in-place, including:

a. Scenario applicability, inside assembly points, head counts, and primary and secondary means of access and egress;

b. Accommodations or special requirements for infants, toddlers, and children with special needs to ensure their safety during evacuation or relocation;

c. Securing essential documents (attendance record, parent contact information, etc.) and special health supplies to be carried into the designated assembly points;

d. Method of communication after the shelter-in-place; and

e. Procedure to reunite children with a parent or authorized person designated by the parent to pick up the child;

  1. Lockdown procedures, including:

a. Methods to alert caregivers and emergency responders;

b. Methods to secure the family day home and designated lockdown locations;

c. Methods to account for all children in the lockdown locations;

d. Methods of communication with parents and emergency responders;

e. Accommodations or special requirements for infants, toddlers, and children with special needs to ensure their safety during lockdown; and

f. Procedure to reunite children with a parent or authorized person designated by the parent to pick up the child;

  1. Caregiver training requirements, drill frequency, and plan review and update; and

  2. Continuity of operations procedures to ensure that essential functions are maintained during an emergency.

C. A 911 or local dial number for police, fire, and emergency medical services and the number of the regional poison control center shall be posted in a visible and conspicuous place.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-400 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-430 Emergency response drills

A. The emergency response drills shall be practiced as follows:

  1. Evacuation procedures shall be practiced at least monthly;

  2. Shelter-in-place procedures shall be practiced twice a year; and

  3. Lockdown procedures shall be practiced at least annually.

B. The vendor shall maintain a record of the dates of the practice drills for one year. For vendors offering multiple shifts, the simulated drills shall be divided evenly among the various shifts.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-410 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-440 Nutrition and food services

A. Vendors shall schedule appropriate times for snacks or meals, or both, depending on the hours of operation and time of the day.

B. Drinking water shall be accessible to all children.

C. When meals or snacks are provided by the vendor, the following shall apply:

  1. Vendors offering both meals and snacks shall serve a variety of nutritious foods and in sufficient portions.

  2. Children three years of age or younger shall not be offered foods that are considered to be potential choking hazards.

D. When food is brought from home, the following shall apply:

  1. The food container shall be clearly labeled in a way that identifies the owner;

  2. The vendor shall have extra food or provisions to obtain food to serve to children so they can have an appropriate snack or meal if they forget to bring food from home, bring an inadequate meal or snack, or bring perishable food; and

  3. Unused portions of opened food shall be discarded by the end of the day or returned to the parent.

E. Tables and high chair trays shall be cleaned and sanitized daily and before and after each use for feeding.

F. Food shall be prepared, stored, served, and transported in a clean and sanitary manner.

G. When food is prepared to which a child is allergic, the caregiver shall take steps to avoid cross contamination in order to prevent an allergic reaction.

H. A child with a diagnosed food allergy shall not be served any food identified in the written care plan required in 8VAC20-790-190 B 12.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-420 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-450 Special feeding needs

A. High chairs, infant carrier seats, or feeding tables shall be used for children less than 12 months who are not held while being fed.

B. When a child is placed in an infant seat, high chair, or feeding table, the protective belt shall be fastened securely.

C. Bottle fed infants who cannot hold their own bottles shall be held when fed. Bottles shall not be propped or used while the child is in his designated sleeping location.

D. Infants shall be fed on demand or in accordance with parental instructions.

E. Prepared infant formula shall be refrigerated, dated, and labeled with the child's name if more than one infant is in care.

F. Heated formula and baby food shall be stirred or shaken and tested for temperature before serving to children.

G. Milk, formula, or breast milk shall not be heated or warmed directly in a microwave. Water for warming milk, formula, or breast milk may be heated in a microwave.

H. Prepared baby food not consumed during that feeding by an infant may be used by that same infant later in the same day, provided that the food is not served out of the baby food jar and is labeled with the child's name, dated, and stored in the refrigerator; otherwise, it shall be discarded or returned to the parent at the end of the day. Formula or breast milk shall not remain unrefrigerated for more than two hours and may not be reheated.

I. Caregivers shall feed semisolid food with a spoon unless written instructions from a physician or physician's designee state differently.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-430 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-460 Transportation and field trips

A. If the vendor provides transportation, the vendor shall be responsible for the care of the child from the time the child boards the vehicle until returned to the parent or person designated by the parent.

B. Drivers must be 18 years of age or older and possess a valid driver's license to operate the vehicle being driven.

C. Any vehicle used by the vendor for the transportation of children shall meet the following requirements:

  1. The vehicle shall be manufactured for the purpose of transporting people seated in an enclosed area;

  2. The vehicle's seats shall be attached to the floor;

  3. The vehicle shall be insured with at least the minimum limits established by Virginia state statutes as required by § 46.2-472 of the Code of Virginia;

  4. The vehicle shall meet the safety standards set by the Department of Motor Vehicles and shall be kept in satisfactory condition to assure the safety of children; and

  5. If volunteers supply personal vehicles, the vendor is responsible for ensuring that the requirements of this subsection are met.

D. The vendor shall ensure that during transportation of children:

  1. Virginia state statutes about safety belts and child restraints are followed as required by §§ 46.2-1095 through 46.2-1100 of the Code of Virginia, and the stated maximum number of passengers in a given vehicle is not exceeded;

  2. The children remain seated and each child's arms, legs, and head remain inside the vehicle;

  3. Doors are closed properly and locked unless locks were not installed by the manufacturer of the vehicle;

  4. At least one caregiver or the driver always remains in the vehicle when children are present;

  5. The caregiver has a list of the names of the children being transported;

  6. The caregiver has a copy of each child's emergency contact information; and

  7. An allergy care plan and information as specified in 8VAC20-790-190 B 12 shall be carried.

E. When entering and leaving vehicles, children shall enter and leave the vehicle from the curb side of the vehicle or in a protected parking area or driveway.

F. Caregivers shall verify that all children have been removed from the vehicle at the conclusion of any trip.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-440 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-470 Animals and pets

A. Animals shall not be allowed on any surfaces where food is prepared or served.

B. A pet or animal present at the home, indoors or outdoors, shall be in good health and show no evidence of carrying any disease.

C. Dogs or cats, where allowed, shall be vaccinated for rabies and shall be treated for fleas, ticks, or worms as needed.

D. The vendor shall maintain documentation of the current rabies vaccination for dogs and cats.

E. Caregiver shall closely supervise children when children are exposed to animals.

F. Children shall be instructed on safe procedures to follow when in close proximity to animals, for example, not to provoke or startle them or remove their food.

G. Monkeys, ferrets, reptiles, psittacine birds (birds of the parrot family), or wild or dangerous animals shall not be in areas accessible to children during the hours children are in care.

H. Animal litter boxes, toys, food dishes, and water dishes shall be inaccessible to children.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-450 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part III Subsidy Program Vendor Requirements for Child Day Centers

8VAC20-790-490 Definitions; subsidy program requirements for child day center vendors

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

"Accessible" means capable of being entered, reached, or used.

"Adult" means any individual 18 years of age or older.

"Age and stage appropriate" means the curriculum, environment, equipment, and adult-child interactions are suitable for the ages of the children within a group and the individual needs of any child.

"Age groups":

  1. "Infant" means a child from birth to 16 months.

  2. "Toddler" means a child from 16 months up to two years.

  3. "Preschool" means a child from two years up to the age of eligibility to attend public school, five years by September 30.

  4. "School age" means a child eligible to attend public school, age five or older by September 30 of that same year. Four-year-old or five-year-old children included in a group of school children may be considered school age during the summer months if the children will be entering kindergarten that year.

"Attendance" means the actual presence of an enrolled child.

"Body fluids" means urine, feces, vomit, saliva, blood, nasal discharge, eye discharge, and injury or tissue discharge.

"Center" means a child day center.

"Child" means any individual less than 18 years of age.

"Child day center" means a child day program offered to (i) two or more children less than 13 years of age in a facility that is not the residence of the provider or of any of the children in care or (ii) 13 or more children at any location.

"Child experiencing homelessness" means a child who lacks a fixed, regular, and adequate nighttime residence and includes:

  1. A child who is living in a car, park, public space, abandoned building, substandard housing, bus or train station, or similar settings;

  2. A child who is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason (sometimes referred to as "doubled-up");

  3. A child who is living in a motel, hotel, trailer park, or camping grounds due to lack of alternative adequate accommodations;

  4. A child who is living in congregate, temporary, emergency, or transitional shelters;

  5. A child who is abandoned in a hospital;

  6. A child who is living in a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; and

  7. A child who is a migratory child as defined in § 1309 of the Elementary and Secondary Education Act of 1965, P.L. No. 89-10 (20 USC § 6399) who qualifies as homeless because he is living in circumstances described in clauses (i) through (iii) of 42 U.S.C. § 11434a(2)(B).

"Child with special needs or disability" means (i) a child with a disability as defined in § 602 of the Individuals with Disabilities Education Act (20 USC § 1401); (ii) a child who is eligible for early intervention services under Part C of the Individuals with Disabilities Education Act (20 USC § 1431 et seq.); (iii) a child who is less than 13 years of age and who is eligible for services under § 504 of the Rehabilitation Act of 1973 (29 USC § 794); and (iv) a child with a documented developmental disability, intellectual disability, emotional disturbance, sensory or motor impairment, or significant chronic illness who requires special health surveillance or specialized programs, interventions, technologies, or facilities.

"Cleaned" means treated in such a way as to remove dirt and debris by scrubbing and washing with soap and water or detergent solution and rinsing with water or the use of an abrasive cleaner on inanimate surfaces.

"Communicable disease" means a disease caused by a microorganism (bacterium, virus, fungus, or parasite) that can be transmitted from person to person via an infected body fluid or respiratory spray, with or without an intermediary agent (such as a louse or mosquito) or environmental object (such as a table surface). Some communicable diseases are reportable to the local health authority.

"Department" means the Virginia Department of Education.

"Department representative" means an employee or designee of the Virginia Department of Education, acting as the authorized agent of the Superintendent of Public Instruction.

"Evacuation" means movement of occupants out of the building to a safe area near the building.

"Evening care" means care provided after 7 p.m. but not through the night.

"Group size" means the number of children assigned to a staff member or team of staff members occupying an individual room or area.

"Inaccessible" means not capable of being entered, reached, or used.

"Lockdown" means a situation where children are isolated from a security threat and access within and to the center is restricted.

"Overnight care" means care provided after 7 p.m. and through the night.

"Over-the-counter or nonprescription medication" means medication that can be purchased without a written prescription. This includes herbal remedies and vitamins and mineral supplements.

"Parent" means a parent by blood, marriage, or adoption and also means a legal guardian or other person standing in loco parentis.

"Sanitized" means treated in such a way as to remove bacteria and viruses from inanimate surfaces through first cleaning and secondly using a solution of one tablespoon of bleach mixed with one gallon of water and prepared fresh daily or using a sanitizing solution approved by the U.S. Environmental Protection Agency. The surface of the item is sprayed or dipped into the sanitizing solution and then allowed to air dry for a minimum of two minutes or according to the sanitizing solution instructions.

"Serious injury" means a wound or other specific damage to the body, such as unconsciousness; broken bones; dislocation; a deep cut requiring stitches; poisoning; concussion; or a foreign object lodged in eye, nose, ear, or other body orifice.

"Shaken baby syndrome" or "abusive head trauma" means a traumatic injury that has been inflicted upon the brain of an infant or young child. The injury can occur during violent shaking causing the child's head to whip back and forth, the brain to move about, and blood vessels in the skull to stretch and tear.

"Shelter-in-place" means movement of occupants of the building to designated protected spaces within the building.

"Staff" means administrative, activity, and service personnel, including the vendor when the vendor is an individual who works in the center, any persons counted in the staff-to-children ratios, or any persons working with a child without sight and sound supervision of a staff member.

"Vendor" means a legally operating child care provider who is approved by the department to participate in the Child Care Subsidy Program. Multiple facilities or sites operated by the same person, entity, or organization are considered separate vendors.

"Vendor agreement" means the agreement between the department and a vendor that must be entered into and signed by all vendors before child care payments paid to the vendor under the Child Care Subsidy Program can be authorized.

"Volunteer" means a person who works at the center and:

  1. Is not paid for services provided to the center;

  2. Is not counted in the staff-to-children ratios; and

  3. Is in sight and sound supervision of a staff member when working with a child.

Any unpaid person not meeting this definition shall be considered "staff" and shall meet staff requirements.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-470 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-500 (Reserved)

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-480 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-510 Purpose and applicability

The standards in this part apply to child day centers that are applying to participate in the Child Care Subsidy Program. The purpose of these standards is to protect children who are less than the age of 13 years, less than the age of 18 years and physically or mentally unable to care for themselves, or are under court supervision and who are separated from their parents during part of the day by:

  1. Ensuring that the activities, services, and facilities of centers participating in the Child Care Subsidy Program are conducive to the well-being of children; and

  2. Reducing risks to the health and safety of such children in the child care environment.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-490 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-520 Operational responsibilities

A. The vendor shall ensure compliance with the standards in this part, the terms of the vendor agreement, and all relevant federal, state, or local laws and regulations.

B. Pursuant to § 22.1-289.040 of the Code of Virginia, the vendor shall ensure that the applicant and any staff who is or will be involved in the day-to-day operations of the center or is or will be alone with, in control of, or supervising one or more of the children (i) has not been convicted of any barrier crime as defined in § 19.2-392.02 of the Code of Virginia and (ii) is not the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth.

C. The vendor shall ensure that the center does not exceed the capacity of children cared for as allowed by law or regulation.

D. When at least one child receives care for compensation, all children who are in care and supervision count in the capacity of children being cared for. When children 13 years or older are enrolled in the program and receive supervision in the program, they shall be counted in the number of children receiving care, and the vendor shall comply with the standards in this part for these children.

E. The vendor shall inform all staff who work with children of children's allergies, sensitivities, and dietary restrictions.

F. The vendor shall maintain, in a way that is accessible to all staff who work with children, a current written list of all children's allergies, sensitivities, and dietary restrictions. This list shall be dated and kept confidential in each room or area where children are present.

G. Religious exempt child day centers that are exempt from licensure in accordance with § 22.1-289.031 of the Code of Virginia shall be in compliance with all requirements of § 22.1-289.031.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-500 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-530 General recordkeeping; reports

A. Staff records and children's information shall be treated confidentially.

B. For each group of children, the vendor shall maintain a written hard copy record of daily attendance that documents the arrival and departure of each child in care as it occurs.

C. Records, reports, and information required by this part may be kept as hard copy or electronically, except attendance records must be maintained pursuant to subsection B of this section, and shall be maintained and made accessible to department representatives for five years after termination of services or separation from employment unless specified otherwise.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-510 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-540 Children's records

A. The vendor shall maintain and keep at the center a record for each enrolled child, which shall be made accessible to the department's representative upon request.

B. The child's record shall include the following:

  1. Child's full name, nickname (if any), sex, address, and birthdate;

  2. Name, home address, and telephone number for each parent who has custody;

  3. Name, address, and telephone number for each custodial parent's place of employment or school attendance, if applicable;

  4. Name, address, and telephone number of at least one person designated by the parent to contact in case of an emergency and the parent cannot be reached;

  5. Information on allergies, including food allergies, intolerances to food, medication, or other substances, and actions to be taken in an emergency situation; information on other physical problems; pertinent developmental information; and any special accommodations needed, if applicable;

  6. Names of persons other than the custodial parent who are authorized to pick up the child;

  7. Immunization records for the child received on or before the child's first day of attendance, except that children experiencing homelessness may provide such records within 90 days of enrollment;

  8. Written authorization for emergency medical care should an emergency occur and the parent cannot be located immediately unless the parent presents a written objection for the provision of medical treatment on religious or other grounds;

  9. Written authorization to administer prescription or nonprescription medications if the vendor administers medication;

  10. Special care instructions, including recommendations for the care and activities of a child with special needs, exception to infant being fed on demand, etc.;

  11. A written allergy care plan for each child with a diagnosed food allergy, to include instructions from a physician regarding the food to which the child is allergic and steps to be taken in the event of a suspected or confirmed allergic reaction;

  12. Proof of a child's identity and age as stated in § 22.1-289.049 of the Code of Virginia;

  13. Permission to transport child if the vendor provides transportation;

  14. Permission for field trips;

  15. Permission for swimming or wading activities to include a parent's statement of the child's swimming ability, if applicable;

  16. A written statement that the vendor will notify the parent when the child becomes ill and that the parent will arrange to have the child picked up as soon as possible if so requested by the vendor;

  17. Any written agreements between the parent and the vendor; and

  18. Documentation of the enrollment of a child experiencing homelessness enrolled under provisions of 8VAC20-790-580 A 2.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-520 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-550 Staff records

The following records shall be kept for each staff person:

  1. Name, address, verification of age, and date of employment or volunteering.

  2. Documentation that background checks were completed, including:

a. The department's letter indicating eligibility to be hired provided by the department or the department's contractor indicating:

(1) Satisfactory results of the fingerprint-based national criminal background check; and

(2) Satisfactory results of the Virginia Child Protective Services Central Registry check.

b. Satisfactory results of the child abuse and neglect registry from any other state in which the individual has resided in the preceding five years.

c. Results of a criminal history record information check and sex offender registry check from any state in which the person has resided in the preceding five years.

d. The individual's sworn statement or affirmation as to whether the individual has ever been:

(1) The subject of a founded complaint of child abuse or neglect within or outside the Commonwealth; or

(2) Convicted of a crime or is the subject of any pending criminal charges within the Commonwealth or any equivalent offense outside the Commonwealth.

e. The vendor shall have documentation for any individual who begins employment or service after the vendor agreement has been signed in the file within 30 days of the individual's beginning date of employment or service.

f. Documentation of subsequent background checks conducted every five years.

  1. Tuberculosis screening results.

  2. Certifications of first aid and cardiopulmonary resuscitation and other certifications as required by the responsibilities held by the staff member.

  3. Documentation that training required in 8VAC20-790-600 has been completed, including the date completed, the total hours of the session, and the names of the trainer and of any sponsoring organization.

  4. Date of separation from employment where applicable.

  5. Documentation of the health requirements under 8VAC20-790-560.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-530 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; Errata, 35:8 VA.R. 1092 December 10, 2018; Volume 37, Issue 2, eff. October 15, 2020; Errata, 37:12 VA.R. 1349 February 1, 2021; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-560 Health requirements for staff

A. Staff shall be evaluated by a health professional and be issued a statement that the individual is determined to be free of communicable tuberculosis (TB). Documentation of the screening shall be submitted at the time of employment and prior to coming into contact with children. The documentation shall have been completed within the last 30 calendar days of the date of employment and be signed by a physician, physician's designee, or an official of the local health department.

B. Subsequent TB screenings are required at least every two years from the date of the initial screening, or more frequently if recommended by a physician.

C. The vendor or the department's representative may require a report of examination by a licensed physician or mental health professional if there are indications that a staff member's physical or mental health may endanger the health, safety, or well-being of children in care.

D. A staff who is determined by a licensed physician or mental health professional to show an indication of a physical or mental condition that may endanger the health, safety, or well-being of children in care or that would prevent the performance of duties shall be removed immediately from contact with children and food served to children until the condition is cleared as evidenced by a signed statement from the physician or mental health professional.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-540 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-570 Reports

Reports shall be filed and maintained as follows:

  1. The vendor shall inform the department's inspector as soon as practicable, but not more than one business day, of the following:

a. The death of a child while under the vendor's supervision;

b. A missing child when local authorities have been contacted for help; and

c. The suspension or termination of all child care services for more than 24 hours as a result of an emergency situation and any plans to resume child care.

  1. The vendor shall inform the department's representative as soon as practicable, but not more than two business days, of any injury to a child while under the vendor's supervision when a referral is made for treatment from a medical professional.

  2. Any suspected incident of child abuse or neglect shall be reported in accordance with § 63.2-1509 of the Code of Virginia.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-550 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-580 Immunizations for children

A. The vendor shall obtain documentation that each child has received the immunizations required by the State Board of Health before the child can attend the center.

  1. The vendor may allow a child to attend contingent upon a conditional enrollment. Documentation related to the child's conditional enrollment shall be maintained in the child's record.

"Conditional enrollment" means the enrollment of a child for a period of 90 days contingent upon the child having received at least one dose of each of the required vaccines and the child possessing a plan from a physician or local health department for completing his immunization requirements within the ensuing 90 calendar days. If the child requires more than two doses of the hepatitis B vaccine, the conditional enrollment period, for hepatitis B vaccine only, shall be 180 calendar days.

  1. If a child is experiencing homelessness and does not have documentation of the required immunizations, the vendor may allow the child to attend during a grace period of no more than 90 days to allow the parent or guardian time to obtain documentation of the required immunizations.

B. The vendor shall obtain documentation of additional immunizations once every six months for children less than two years of age.

C. Pursuant to subsection C of § 22.1-271.2 of the Code of Virginia and 12VAC5-110-110, documentation of immunizations is not required for any child whose:

  1. Parent submits an affidavit to the vendor, on the form entitled "Certification of Religious Exemption," stating that the administration of immunizing agents conflicts with the parent's or child's religious tenets or practices, or

  2. A physician or a local health department states on a Department of Health-approved form that one or more of the required immunizations may be detrimental to the child's health, indicating the specific nature and probable duration of the medical condition or circumstance that contraindicates immunization.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-560 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-590 General qualifications

A. The vendor must be at least 18 years of age.

B. The vendor, and any staff who are left alone with children, shall be capable of communicating effectively both orally and in writing as applicable to the job responsibility and be capable of communicating with emergency personnel.

C. Staff must be at least 16 years of age; however no staff person less than 18 years of age may administer medication.

  1. Staff members less than 18 years of age shall be under supervision of an adult staff member who is present in the facility.

  2. Adult staff members shall supervise no more than two volunteers or staff members less than 18 years of age at any given time.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-570 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-600 Staff training and development

A. Prior to approval as a subsidy vendor, the vendor or designee shall complete the Virginia Preservice Training for Child Care Staff, which shall include training on the following topics and training modules:

  1. Building and physical premises safety;

  2. Emergency preparedness and response planning;

  3. Prevention of sudden infant death syndrome (SIDS) and safe sleep practices;

  4. Administration of medication, consistent with standards of parental consent;

  5. Prevention of shaken baby syndrome and abusive head trauma (AHT);

  6. Prevention of and response to emergencies due to food and allergic reactions;

  7. Recognizing child abuse and neglect and reporting responsibilities;

  8. Preventing the spread of disease, including immunization requirements;

  9. Handling and storage of hazardous materials and appropriate disposal of diapers and other items contaminated by body fluids;

  10. Transportation;

  11. Foundations of child development;

  12. Inclusion: Exploring the meaning and the mindset;

  13. Oral health; and

  14. Introduction to the Child Care Subsidy Program.

B. Within the first 90 days of employment or subsidy vendor approval all staff who work directly with children shall complete Virginia Preservice Training for Child Care Staff, which shall include training on the following topics and training modules:

  1. Building and physical premises safety;

  2. Emergency preparedness and response planning;

  3. Prevention of sudden infant death syndrome (SIDS) and safe sleep practices;

  4. Administration of medication, consistent with standards of parental consent;

  5. Prevention of shaken baby syndrome and abusive head trauma (AHT);

  6. Prevention of and response to emergencies due to food and allergic reactions;

  7. Recognizing child abuse and neglect and reporting responsibilities;

  8. Preventing the spread of disease, including immunization requirements;

  9. Handling and storage of hazardous materials and appropriate disposal of diapers and other items contaminated by body fluids;

  10. Transportation;

  11. Foundations of child development;

  12. Inclusion: Exploring the meaning and mindset;

  13. Oral health; and

  14. Introduction to the Child Care Subsidy Program.

C. Orientation training for staff shall be completed on the following facility specific topics prior to the staff member working alone with children and within seven days of the date of employment or the date of subsidy vendor approval:

  1. Playground safety procedures;

  2. Responsibilities for reporting suspected child abuse or neglect;

  3. Confidentiality;

  4. Supervision of children, including arrival and dismissal procedures;

  5. Procedures for action in the case of lost or missing children, ill or injured children, and medical and general emergencies;

  6. Medication administration procedures, if applicable;

  7. Emergency preparedness plan as required in 8VAC20-790-790 B;

  8. Prevention of shaken baby syndrome and abusive head trauma including coping with crying babies and fussy or distraught children;

  9. Prevention of sudden infant death syndrome and use of safe sleeping practices;

  10. Staff who work with children that have food allergies shall receive training in preventing exposure to foods to which the child is allergic, preventing cross contamination, and recognizing and responding to any allergic reactions; and

  11. Transportation.

D. All staff who work directly with children shall have within 90 days of the date of employment or 90 days from subsidy vendor approval:

  1. Current certification in cardiopulmonary resuscitation (CPR) appropriate to the ages of children in care. The training shall include an in-person competency demonstration; and

  2. Current certification in first aid appropriate to the ages of children in care. However, staff who is a registered nurse or licensed practical nurse with a current license from the Board of Nursing shall not be required to obtain first aid certification.

During the 90-day period, there must always be at least one staff with current CPR and first aid training present during operating hours of the center.

E. CPR and First Aid training may count toward the annual training hours required in subsection H of this section if documentation for training as required in subdivision 5 of 8VAC20-790-550 is maintained.

F. Staff who work directly with children shall, in addition to preservice and orientation training required in subsections A through D of this section, annually attend at least 16 hours of training and staff development activities, to include the department's health and safety update course. Training shall be related to child safety, child development, the function of the center, and any required department sponsored training.

G. To safely perform medication administration practices, whenever a vendor agrees to administer prescribed medications, the (i) administration shall be performed by a staff member who has satisfactorily completed a training program for this purpose developed by the Board of Nursing and taught by a registered nurse, licensed practical nurse, nurse practitioner, physician assistant, doctor of medicine or osteopathic medicine, or pharmacist; or (ii) administration shall be performed by a staff member who is licensed by the Commonwealth of Virginia to administer medications.

The administration of medicines by a vendor may be limited by policy to:

  1. Prescription medications;

  2. Over-the-counter or nonprescription medications; or

  3. No medications.

H. Staff required to have the training specified in subsection I of this section shall be retrained at three-year intervals.

I. There shall be at least one staff on duty who has obtained within the last three years instruction in performing a daily health observation of children. Daily health observation training shall include:

  1. Components of daily health check for children;

  2. Inclusion and exclusion of a child when the child is exhibiting symptoms that indicate possible illness;

  3. Description of how diseases are spread and procedures and methods for reducing the spread of disease;

  4. Information concerning the Virginia Department of Health Notification of Reportable Diseases pursuant to 12VAC5-90-80 and 12VAC5-90-90, also available from the local health department and the website of the Virginia Department of Health; and

  5. Staff occupational health and safety practices in accordance with Occupational Safety and Health Administration's bloodborne pathogens regulation (29 CFR 1910.1030).

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-580 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended, Virginia Register Volume 36, Issue 24, eff. August 19, 2020; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-610 Certifications by other agencies; requirements prior to initial approval

Before approval of a vendor agreement and before use of newly constructed, renovated, remodeled, or altered buildings or sections or buildings, written documentation of the following shall be provided by the vendor to the department representative:

  1. Certification by the authority having jurisdiction that each building meets building and fire codes or that a plan of correction has been approved; and

  2. Certification from the local health department, or approval of a plan of correction, for meeting requirements for:

a. Water supply;

b. Sewage disposal system; and

c. Food service, if applicable.

  1. Any building that is currently zoned or certified for school occupancy and houses a public or private school during the school year shall be considered to have met the requirements of subdivision 1 of this section when housing a center serving only children two and a half years of age or older.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-590 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-620 Certifications by other agencies; requirements subsequent to initial approval

A. The vendor shall provide the department representative an annual fire inspection report from the appropriate fire official having jurisdiction. If a center is located in a building currently housing a public or private school, the school's annual fire inspection report shall be accepted.

B. The vendor shall provide the department representative an annual certification from the Health Department, or approvals of a plan of correction, for meeting requirements for:

  1. Water supply;

  2. Sewage disposal system; and

  3. Food service, if applicable.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-600 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-630 Building or facility maintenance

A. Areas and equipment of the center, inside and outside, shall be maintained in a clean, safe, and operable condition. Unsafe conditions shall include splintered, cracked or otherwise deteriorating wood; chipped or peeling paint; visible cracks, bending or warping, rusting, or breakage of any equipment; head entrapment hazards; protruding nails, bolts, or other components that entangle clothing or skin; and unstable heavy equipment, furniture, or other items that a child could pull down on himself.

B. Inside areas occupied by children shall be maintained no lower than 68°F and shall not exceed 80°F unless fans or other cooling systems are in use.

C. In areas used by children of preschool age or younger, the following shall apply:

  1. Fans, when used shall be out of reach of children and cords shall be secured so as not to create a hazard.

  2. Electrical outlets shall have protective covers that are of a size that cannot be swallowed by children.

D. Building equipment shall include an in-service, nonpay telephone.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-610 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-640 Hazardous substances and other harmful agents

A. Hazardous substances such as cleaning materials, insecticides, and pesticides shall be kept in a locked place using a safe locking method that prevents access by children. If a key is used, the key shall not be accessible to children. Cleaning supplies to clean and sanitize the diapering area or toilet chairs do not need to be kept locked during diapering or toilet training time as long as they are inaccessible to children.

B. Pesticides or insecticides shall not be stored in areas used by children or in areas used for food preparation or storage.

C. Cleaning and sanitizing materials shall not be located above food, food equipment, utensils, or single-use articles and shall be stored separate from food.

D. If hazardous substances are not kept in original containers, the substitute container shall clearly indicate its contents.

E. Smoking and the use of electronic smoking devices shall be prohibited in the interior of a center, in vehicles when children are being transported, and if permitted outside, shall be prohibited in the presence of children.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-620 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-650 Restroom area and furnishings

A. The facility shall have at least two toilets and two sinks.

B. The facility shall have at least one toilet and one sink for every 30 children.

C. Each restroom area provided for children shall:

  1. Be within a contained area, readily available, and within the building used by the children;

  2. Have toilets that are flushable;

  3. Have sinks located near the toilets and that are supplied with running warm water that does not exceed 120°F;

  4. Be equipped with soap, toilet paper, and disposable towels or an air dryer within reach of the children; and

  5. A restroom for school age children that contains more than one toilet shall have at least one toilet enclosed.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-630 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-660 Play areas

The vendor shall ensure that all areas of the premises accessible to children are free of obvious injury hazards, including providing and maintaining sand or other cushioning material under playground equipment. The requirements of this section shall not prohibit child day center programs providing care to school age children at a location that is currently approved by the Department of Education or recognized as a private school by the State Board of Education for school occupancy and that houses a public or private school during the school years from permitting school age children to use outdoor play equipment and areas approved for use by students of the school during school hours.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-640 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-670 Supervision, ratio, and group size requirements

A. The vendor, except those exempt from licensure operated by or under the auspices of a religious institution, shall ensure that the following ratio requirements are maintained:

  1. For children from birth to the age of 16 months: one staff member for every four children;

  2. For children 16 months to two years: one staff member for every five children;

  3. For two-year-old children: one staff member for every eight children;

  4. For children from three years to the age of eligibility to attend public school, five years by September 30: one staff member for every 10 children;

  5. For children from age of eligibility to attend public school through eight years: one staff member for every 18 children; and

  6. For children from nine years through 12 years of age: one staff member for every 20 children.

B. Except during meals or snacks, the designated rest period, evening and overnight sleep time, outdoor play, field trips, special group activities, or during the first and last hour of operation when the vendor operates more than six hours per day, the vendor, except those exempt from licensure operated by or under the auspices of a religious institution, shall ensure that the following group size requirements are maintained at all times:

  1. For children from birth to the age of 16 months: the maximum group size is 12 children;

  2. For children 16 months to two years: the maximum group size is 15 children;

  3. For two-year-old children: the maximum group size is 24 children; and

  4. For children from three years to the age of eligibility to attend public school, five years by September 30: the maximum group size is 30 children.

Group size requirements in this section do not apply to children school age eligible through 12 years of age or when a variance has been granted by the Division of Licensing Programs.

C. Facilities operated by, or under the auspices of, a religious institution and exempt from licensure shall employ supervisory personnel as set forth in § 22.1-289.031 of the Code of Virginia and shall ensure the following ratio requirements are maintained:

  1. One staff member to four children from ages zero to 16 months;

  2. One staff member to five children from ages 16 months to 24 months;

  3. One staff member to eight children from ages 24 months to 36 months;

  4. One staff member to 10 children from ages 36 months to five years;

  5. One staff member to 20 children from ages five years to nine years; and

  6. One staff member to 25 children from ages nine years to 12 years.

When a group of children receiving care includes children from different age brackets, the age of the youngest child in the group shall be used to determine the staff-to-children ratio that applies to that group.

D. With the exception of when meals or snacks are served, the designated rest period, evening and overnight sleep time, outdoor play, and field trips, special group activities, or during the first and last hour of operation when the vendor operates more than six hours per day, facilities operated by, or under the auspices, of a religious institution and are exempt from licensure shall ensure the following group size requirements are maintained at all times:

  1. For children from birth to two years of age: the maximum group size is 12 children;

  2. For children from two years to six years of age: the maximum group size is 30 children; and

  3. For children who are six years up to 12 years of age: group size requirements in this section do not apply.

E. The vendor shall develop and implement a written policy and procedure that describes how the vendor will ensure that each group of children receives care by consistent staff or team of staff members.

F. Staff shall be counted in the required staff-to-children ratios only when they are directly supervising children.

G. When children are in ongoing mixed age groups, the staff-to-children ratio and group size applicable to the youngest child in the group shall apply to the entire group.

H. Children less than 10 years of age shall always be within actual sight and sound supervision of staff, except that staff need only be able to hear a child who is using the restroom provided that:

  1. There is a system to ensure that individuals who are not staff members or persons allowed to pick up a child in care do not enter the restroom area while in use by children; and

  2. Staff checks on a child who has not returned from the restroom after five minutes. Depending on the location and layout of the restroom, staff may need to provide intermittent sight supervision of the children in the restroom area during this five-minute period to assure the safety of children and to provide assistance to children as needed.

I. Children 10 years of age and older shall be within actual sight and sound supervision of staff except when the following requirements are met:

  1. Staff can hear or see the children (video equipment, intercom systems, or other technological devices shall not substitute for staff being able to directly see or hear children);

  2. Staff are nearby so that they can provide immediate intervention if needed;

  3. There is a system to ensure that staff know where the children are and what they are doing;

  4. There is a system to ensure that individuals who are not staff members or persons allowed to pick up children in care do not enter the areas where children are not under sight supervision; and

  5. Staff provides sight and sound supervision of the children at variable and unpredictable intervals not to exceed 15 minutes.

J. When the outdoor activity area is not adjacent to the center, there shall be at least two staff members in the outdoor activity area whenever one or more children are present.

K. Staff shall not allow a child to leave the center unsupervised.

L. For vendors operated by, or under the auspices of, a religious institution and exempt from licensure, during designated rest periods and the designated sleep period of evening and overnight care programs, the ratio of staff to children over 16 months of age may be double the number of children to each staff required by subsection C of this section if:

  1. The staff person shall be present in the same space as sleeping children;

  2. Staff counted in the overall rest period ratio are on the same floor as the sleeping or resting children and available in case of emergency; and

  3. An additional person is present to help.

Once at least half of the children in the resting room or area are awake and off their mats or cots, the staff-to-child ratio shall meet the ratios as required in subsection C of this section.

M. For vendors not operated by, or under the auspices of, a religious institution, during designated rest periods and the designated sleep period of evening and overnight care programs, the ratio of staff to children over 16 months of age may be double the number of children to each staff required by subsection A of this section if:

  1. The staff person shall be present in the same space as sleeping children;

  2. Staff counted in the overall rest period ratio are on the same floor as the sleeping or resting children and available in case of emergency; and

  3. An additional person is present to help.

Once at least half of the children in the resting room or area are awake and off their mats or cots, the staff-to-child ratio shall meet the ratios as required in subsection A of this section.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-650 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended, Virginia Register Volume 36, Issue 2, eff. October 17, 2019; Volume 37, Issue 2, eff. October 15, 2020; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-680 Supervision near water

A. Indoor swimming pools on the center premises shall be kept locked when the pool is not in use. Outdoor swimming pools located on the center premises shall be enclosed by safety fences and gates that are in compliance with the applicable edition of the Virginia Uniform Statewide Building Code (13VAC5-63) and shall be kept locked when the pool is not in use.

B. The staff-to-children ratios required by 8VAC20-790-670 shall be maintained while children are participating in swimming or wading activities.

  1. Notwithstanding the staff-to-children ratios already indicated, at no time shall there be fewer than two staff members supervising the activity.

  2. The designated certified lifeguard shall not be counted in the staff-to-children ratios.

C. If a pool, lake, or other swimming area has a water depth of more than two feet, a certified lifeguard holding a current certificate shall be on duty supervising the children participating in swimming or wading activities at all times when one or more children are in the water.

D. The vendor shall have emergency procedures and written safety rules for swimming or wading or follow the posted rules of public pools that are:

  1. Posted in the swimming area when the pool is located on the premises of the center; and

  2. Explained to children participating in swimming or wading activities.

E. Staff shall have a system for accounting for all children in the water.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-660 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-690 Daily activities

A. The variety of daily activities for all age groups shall be age and stage appropriate and provide opportunities for teacher-directed, self-directed, and self-chosen tasks and activities, a balance of active and quiet activities, indoor and outdoor activities, individual and group activities, and curiosity and exploration.

B. For a child who cannot move without help, staff shall offer to change the place and position of the child at least every 30 minutes or more frequently depending on the child's individual needs. For an awake infant not playing on the floor or ground a change in play space shall be provided by staff at least every 30 minutes or more often as determined by the individual infant's needs.

C. There shall be a flexible daily schedule for infants based on their individual needs.

D. Infants shall be allowed to sleep when needed.

  1. When an infant is placed in his crib, he shall be placed on his back (supine).

  2. When an infant is able to easily turn over from the back (supine) to the belly (prone) position and is placed in his crib, he shall still be put on his back but allowed to adopt whatever position he prefers. This applies unless otherwise directed by the infant's physician or health care provider in writing.

  3. Resting or sleeping infants shall be individually checked every 15 to 20 minutes.

E. Infants shall be provided comfort when needed.

F. Staff shall provide frequent opportunities for infants to creep, crawl, toddle, and walk.

G. Infants who cannot turn themselves over and are awake shall be placed on their stomachs for at least 30 minutes each day to facilitate upper body strength and to address misshapen head concerns.

H. Infants shall be protected from older children.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-670 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-700 Behavioral guidance

A. Behavioral guidance shall be constructive in nature and age and stage appropriate and shall be intended to redirect children to appropriate behavior and resolve conflicts.

B. In order to promote the child's physical, intellectual, emotional, and social well-being and growth, staff shall model desired, appropriate behavior and interact with the child and one another to provide needed help, comfort, support and:

  1. Respect personal privacy;

  2. Respect differences in cultural, ethnic, and family background;

  3. Encourage decision-making abilities;

  4. Promote ways of getting along;

  5. Encourage independence and self-direction; and

  6. Use consistency in applying expectations.

C. If time-out is used as a discipline technique:

  1. It shall be used sparingly and shall not exceed one minute for each year of the child's age;

  2. It shall not be used with infants or toddlers;

  3. The child shall be in a safe, lighted, well-ventilated place and within sight and sound of staff; and

  4. The child shall not be left alone inside or outside the center while separated from the group.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-680 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-710 Forbidden actions

The following actions or threats thereof are forbidden:

  1. Physical punishment, including striking a child, roughly handling or shaking a child, restricting movement through binding or tying, forcing a child to assume an uncomfortable position, or using exercise as a punishment;

  2. Enclosure in a small, confined space or any space that the child cannot freely exit himself; however this does not apply to the use of equipment such as cribs, play yards, high chairs, and safety gates when used for their intended purpose with children preschool age or younger;

  3. Punishment by another child;

  4. Withholding or forcing of food, water, or rest;

  5. Verbal remarks that are demeaning to the child;

  6. Punishment for toileting accidents; and

  7. Punishment by applying unpleasant or harmful substances.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-690 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-720 Parental involvement and notifications

A. The vendor shall notify the parent immediately if a child is lost, requires emergency medical treatment or sustains a serious injury, or dies.

B. The vendor shall notify the parent by the end of the day of any known minor injuries.

C. The vendor shall maintain a written record of children's serious and minor injuries in which entries are made the day of occurrence. The record shall include the following:

  1. Date and time of injury;

  2. Name of injured child;

  3. Type and circumstance of the injury;

  4. Staff present and treatment;

  5. Date and time when parents were notified; and

  6. Staff and parent signatures or two staff signatures.

D. Parents shall be notified immediately of any confirmed or suspected allergic reactions and the ingestion of or contact with any food identified in the written care plan required in 8VAC20-790-540 B 11 even if a reaction did not occur.

E. Staff shall promptly inform parents when persistent behavioral problems are observed and identified.

F. Parents shall be provided at least semiannually in writing information on their child's behavior, development, adjustment, and needs. This requirement does not apply to programs that operate 12 weeks or less a year.

G. Parents shall be informed of the reason for a child's termination from care.

H. A custodial parent shall be admitted to any child day program. Such right of admission shall apply only while the child is in the child day program, in accordance with § 22.1-289.054 of the Code of Virginia.

I. When children at the center have been exposed to a communicable disease listed in the Department of Health's current communicable disease chart, the parents shall be notified within 24 hours or the next business day of the vendor having been informed unless forbidden by law. Children's exposure to life threatening diseases shall be reported to parents immediately.

J. Parents shall be informed of the vendor's emergency preparedness plan.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-700 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-730 Furnishings, equipment, and materials

A. Furnishings, materials, and equipment shall be age and stage appropriate for the children.

B. Children shall be protected from materials that could be swallowed or present a choking hazard. Toys or objects less than 1-1/4 inches in diameter and less than two inches in length shall be kept out of reach of children less than three years of age.

C. If combs, toothbrushes, or other personal articles are used, they shall be individually assigned.

D. Disposable products shall be used once and discarded.

E. Play yards and portable cribs where used shall meet the Juvenile Products Manufacturers Association (JPMA) and the American Society for Testing and Materials (ASTM) requirements and shall not be used after recalled.

F. Cribs, cots, rest mats, or beds shall be provided for children during the designated rest periods and shall not be occupied by more than one child at a time.

  1. Cribs shall be provided for children from birth through 12 months of age and for children older than 12 months of age who are not developmentally ready to sleep on a cot, rest mat, or bed during the designated rest periods.

  2. Cots, rest mats, or beds shall be provided for children older than 12 months of age.

G. There shall be at least 12 inches of space between occupied cribs, cots, beds, and rest mats.

H. Full-size cribs shall:

  1. Meet the current Consumer Product Safety Commission Standards (16 CFR Part 1219).

  2. Have mattresses that fit snugly next to the crib so that no more than two fingers can be inserted between the mattress and the crib.

I. Pillows and filled comforters shall not be used by children less than 12 months of age while sleeping or resting including quilts, sheepskins, or stuffed toys.

J. Cribs shall be placed where objects outside the crib such as electrical cords or cords from blinds, curtains, etc. are not within reach of infants or toddlers.

K. Use of bumper pads shall be prohibited.

L. Toys or objects hung over an infant in a crib and crib gyms that are strung across the crib may not be used for infants older than five months of age or infants who are able to push up on their hands and knees.

M. Crib sides shall always be up, and the fastenings secured when a child is in the crib.

N. Double decker cribs shall not be used.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-710 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-740 Bedding and linens for use while sleeping or resting

A. Linens shall be assigned for individual use.

B. Pillows when used shall be assigned for individual use and covered with pillow cases.

C. Mattresses when used shall be covered with a waterproof material which can be cleaned and sanitized.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-720 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-750 Preventing the spread of disease

A. A child shall not be allowed to attend the center for the day if he has:

  1. A temperature over 101°F;

  2. Recurrent vomiting or diarrhea; or

  3. Symptoms of a communicable disease.

B. If a child needs to be excluded according to subsection A of this section, the following shall apply:

  1. Arrangements shall be made for the child to leave the center as soon as possible after the signs or symptoms are observed; and

  2. The child shall remain in a designated quiet area until leaving the center.

C. When any surface has been contaminated with body fluids, it shall be cleaned and sanitized.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-730 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-760 Hand washing and toileting procedures

A. When hand washing, the following shall apply.

  1. Children's hands shall be washed with soap and running water or disposable wipes before and after eating meals or snacks.

  2. Children's hands shall be washed with soap and running water after toileting and any contact with blood, feces, or urine.

  3. Staff shall wash their hands with soap and running water before and after helping a child use the toilet or changing a diaper, after the staff member uses the toilet, after any contact with body fluids, and before feeding or helping children with feeding, and before preparing or serving food or beverages.

  4. If running water is not available, a germicidal cleansing agent administered per manufacturer's instruction may be used.

B. Diapering requirements are as follows:

  1. The diapering area shall be accessible and within the building used by children.

  2. There shall be sight and sound supervision for all children when a child is being diapered.

  3. The diapering area shall have:

a. Access to a sink with running warm water not to exceed 120°F;

b. Soap, disposable towels, and single-use gloves such as surgical or examination gloves;

c. A nonabsorbent surface for diapering or changing shall be used. For children younger than three years, this surface shall be a changing table or countertop designated for changing;

d. The appropriate disposal container as required by subdivision 6 of this subsection; and

e. A leak-proof covered receptacle for soiled linens.

  1. When a child's clothing or diaper becomes wet or soiled, the child shall be cleaned and changed immediately upon discovery.

  2. Disposable diapers shall be used unless the child's skin reacts adversely to disposable diapers.

  3. Disposable diapers shall be disposed in a leak-proof or plastic-lined storage system that is either foot-operated or used in such a way that neither the staff member's hand nor the soiled diaper touches an exterior surface of the storage system during disposal.

  4. When cloth diapers are used, a separate leak-proof storage system as specified in subdivision 6 of this subsection shall be used.

  5. The diapering surface shall be used only for diapering or cleaning children, and it shall be cleaned with soap and at least room temperature water and sanitized after each use. Tables used for children's activities or meals shall not be used for changing diapers. Individual disposable barriers may be used between each diaper change. If the changing surface becomes soiled, the surface shall be cleaned and sanitized before another child is diapered.

  6. Staff shall ensure the immediate safety of a child during diapering.

C. For every 10 children in the process of being toilet trained, there shall be at least one toilet chair or one child-sized toilet, or at least one adult sized toilet with a platform or steps and adapter seat.

  1. The location of these items shall allow for sight and sound supervision of children in the classroom if necessary for the required staff-to-children ratios to be maintained.

  2. Toilet chairs shall be emptied promptly and cleaned and sanitized after each use.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-740 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-770 Medication

A. The vendor may administer prescription medication to a child with written permission of the parent, provided:

  1. The medication is administered by a staff who meets the requirements of 8VAC20-790-600 I and J;

  2. The staff administers only those drugs that were dispensed from a pharmacy and maintained in the original, labeled container; and

  3. The staff administers drugs only to the child identified on the prescription label in accordance with the prescriber's instructions pertaining to dosage, frequency, and manner of administration.

B. The vendor may administer over-the-counter or nonprescription medication to a child with written permission from the parent, provided the medication is:

  1. Administered by a staff 18 years of age or older;

  2. Labeled with the child's name;

  3. In the original container with the manufacturer's direction label attached; and

  4. Given only at the dose, duration, and method of administration specified on the manufacturer's label for the age or weight of the child needing the medication.

C. When needed, medication shall be refrigerated.

D. Medication, except for those prescriptions designated otherwise by written physician's order, including refrigerated medication and staff's personal medication, shall be kept in a locked place using a safe locking method that prevents access by children.

E. The vendor shall keep a record of prescription and nonprescription medication given to children, which shall include the following:

  1. Name of the child to whom medication was administered;

  2. Amount and name of medication administered to the child;

  3. The day and time the medication was administered to the child;

  4. Name of staff administering the medication;

  5. Any adverse reaction; and

  6. Any medication error.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-750 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-780 First aid and emergency supplies

A. The following emergency supplies shall be on each floor of each building used by children, accessible to outdoor play areas, on field trips, in vehicles used for transportation, and wherever children are in care:

  1. A first aid kit that contains at a minimum:

a. Scissors;

b. Tweezers;

c. Gauze pads;

d. Adhesive tape;

e. Bandages, assorted types and sizes;

f. An antiseptic cleansing solution and pads;

g. Digital thermometer; and

h. Single-use gloves such as surgical or examination gloves.

  1. An ice pack or cooling agent.

B. Each first aid kit shall be easily accessible to staff but not to children.

C. The following nonmedical emergency supplies shall be required:

  1. One working, battery-operated flashlight; and

  2. One working, battery-operated radio.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-760 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-790 Procedures for emergencies

A. The vendor shall have a written emergency preparedness plan that addresses staff responsibility and facility readiness with respect to emergency evacuation, relocation, lockdown and shelter-in-place procedures. The plan shall address the most likely to occur emergency scenarios, including severe storms, loss of utilities, natural disaster, chemical spills, intruder, and violence on or near the facility, and facility damage or other situations that may require evacuation, lockdown, or shelter-in-place.

B. The emergency preparedness plan shall contain procedural components for:

  1. Evacuation procedures, including:

a. Scenario applicability;

b. Methods to alert staff and emergency responders;

c. Designated primary and secondary routes out of the building;

d. Designated assembly points away from the building;

e. Designated relocation site;

f. Methods to ensure all children are evacuated from the building, and if necessary, moved to a relocation site;

g. Methods to account for all children at the assembly point and relocation site;

h. Method of communication with parents after the evacuation or relocation;

i. Accommodations or special requirements for infants, toddlers, and children with special needs to ensure their safety during evacuation or relocation;

j. Method to ensure essential documents, including emergency contact information, attendance records, medications, and supplies are taken to the assembly point and relocation site; and

k. Procedures to address reuniting children with a parent or an authorized person designated by the parent to pick up the child.

  1. Shelter-in-place procedures, including:

a. Scenario applicability, inside assembly points, primary and secondary means of access and egress;

b. Method to account for all children at the safe locations;

c. Method to ensure essential documents (attendance records, emergency contact information, etc.) and special health supplies are carried into the designated assembly points;

d. Method of communication after the shelter-in-place;

e. Accommodations or special requirements for infants, toddlers, and children with special needs to ensure their safety during shelter-in-place; and

f. Procedures to address reuniting children with a parent or an authorized person designated by the parent to pick up the child.

  1. Lockdown procedures, to include facility containment, including:

a. Methods to alert staff and emergency responders;

b. Methods to secure the facility and designated lockdown locations;

c. Methods to account for all children in the lockdown locations;

d. Methods of communication with parents and emergency responders;

e. Accommodations or special requirements for infants, toddlers, and children with special needs to ensure their safety during lockdown; and

f. Procedures to address reuniting children with a parent or an authorized person designated by the parent to pick up the child.

  1. Staff training requirements, drill frequency, and plan review and update.

  2. Continuity of operations procedures to ensure that essential functions are maintained during an emergency.

  3. Other special procedures developed with local authorities.

C. Emergency evacuation and shelter-in-place procedures or maps shall be posted in a location conspicuous to staff and children on each floor of each building.

D. A 911 or local dial number for police, fire, and emergency medical services and the number of the regional poison control center shall be posted in a visible and conspicuous place.

E. The vendor shall ensure that all staff receives training regarding emergency evacuation, relocation, shelter-in-place, and lockdown procedures on an annual basis and at the end of each plan update.

F. The vendor shall ensure that the emergency plans are reviewed with any volunteers who work more than six hours per week prior to volunteering and on an annual basis.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-770 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-800 Emergency response drills

A. The emergency response drills shall be practiced, at a minimum:

  1. Evacuation procedures shall be practiced at least monthly;

  2. Shelter-in-place procedures shall be practiced twice a year; and

  3. Lockdown procedures shall be practiced at least annually.

B. The vendor shall maintain a record of the dates of the practice drills for one year. For vendors offering multiple shifts, the simulated drills shall be divided evenly among the various shifts.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-780 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-810 Nutrition and food services

A. Drinking water shall be accessible to all children.

B. When vendors provide meals or snacks, the following shall apply:

  1. Vendors offering both meals and snacks shall serve a variety of nutritious foods and sufficient portions.

  2. Children three years of age or younger shall not be offered foods that are considered to be potential choking hazards.

C. When food is brought from home, the following shall apply:

  1. The food container shall be clearly labeled in a way that identifies the owner;

  2. The vendor shall have extra food or shall have provisions to obtain food to serve to children so that they can have an appropriate snack or meal if they forget to bring food from home, bring an inadequate meal or snack, or bring perishable food; and

  3. Unused portions of opened food shall be discarded by the end of the day or returned to the parent.

D. Food shall be prepared, stored, transported, and served in a clean and sanitary manner.

E. When food is prepared to which a child in care is allergic, staff shall take steps to avoid cross contamination in order to prevent an allergic reaction.

F. A child with a diagnosed food allergy shall not be served any food identified in the written care plan required in 8VAC20-790-540 B 11.

G. Tables and high chair trays shall be sanitized before and after each use for feeding and cleaned at least daily.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-790 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-820 Special feeding needs

A. High chairs, infant carrier seats, or feeding tables shall be used for children less than 12 months who are not held while being fed.

B. When a child is placed in an infant seat, high chair, or feeding table, the protective belt shall be fastened securely.

C. Bottle fed infants who cannot hold their own bottles shall be held when fed. Bottles shall not be propped or used while the child is in his designated sleeping location.

D. Infants shall be fed on demand or in accordance with parental instructions.

E. Prepared infant formula shall be refrigerated, dated, and labeled with the child's name if more than one infant is in care.

F. Heated formula and baby food shall be stirred or shaken and tested for temperature before serving to children.

G. Milk, formula, or breast milk shall not be heated or warmed directly in a microwave. Water for warming milk, formula, or breast milk may be heated in a microwave.

H. Formula or breast milk shall not remain unrefrigerated for more than two hours and may not be reheated.

I. Prepared baby food not consumed during that feeding by an infant may be used by that same infant later in the same day, provided that the food is not served out of the baby jar and is labeled with the child's name, dated, and stored in the refrigerator; otherwise, it shall be discarded or returned to the parent at the end of the day.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-800 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-830 Transportation and field trips

A. If the vendor provides transportation, the vendor shall be responsible for care of the child from the time the child boards the vehicle until returned to the parent or person designated by the parent.

B. Drivers must be 18 years of age or older and possess a valid driver's license to operate the vehicle being driven.

C. Any vehicle used by the vendor for the transportation of children shall meet the following requirements:

  1. The vehicle shall be manufactured for the purpose of transporting people seated in an enclosed area;

  2. The vehicle's seats shall be attached to the floor;

  3. The vehicle shall be insured with at least the minimum limits established by Virginia state statutes as required by § 46.2-472 of the Code of Virginia;

  4. The vehicle shall meet the safety standards set by the Department of Motor Vehicles and shall be kept in satisfactory condition to assure the safety of children; and

  5. If volunteers supply personal vehicles, the vendor is responsible for ensuring that the requirements of this subsection are met.

D. The vendor shall ensure that during transportation of children:

  1. Virginia state statutes about safety belts and child restraints are followed as required by §§ 46.2-1095 through 46.2-1100 of the Code of Virginia, and the stated maximum number of passengers in a given vehicle is not exceeded;

  2. The children remain seated and each child's arms, legs, and head remain inside the vehicle;

  3. Doors are closed properly and locked unless locks were not installed by the manufacturer of the vehicle;

  4. At least one staff member or the driver always remains in the vehicle when children are present; and

  5. Staff has a list of the names of the children being transported and allergy care plans, if necessary.

E. When entering and leaving vehicles, children shall enter and leave the vehicle from the curb side of the vehicle or in a protected parking area or driveway.

F. Children shall cross streets at corners or crosswalks or other designated safe crossing points if no corner or crosswalk is available.

G. Staff shall verify that all children have been removed from the vehicle at the conclusion of any trip.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-810 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-790-840 Animals and pets

Animals that are kept on the premises of the center shall be vaccinated, if applicable, against diseases that present a hazard to the health or safety of children.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-665-820 derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Chapter 800 Standards for Licensed Family Day Homes

Part I General provisions

8VAC20-800-10 Definitions

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

"Accessible" means capable of being entered, reached, or used.

"Adult" means any individual 18 years of age or older.

"Age-appropriate" means suitable to the chronological age and individual needs of a child.

"Assistant" means an individual who helps the provider or substitute provider in the care, protection, supervision, and guidance to children in the home.

"Body fluids" means urine, feces, vomit, blood, saliva, nasal discharge, and tissue discharge.

"Caregiver" means an individual who provides care, protection, supervision, and guidance to children in the home and includes the provider, substitute provider, and assistant.

"Child" means an individual under 18 years of age.

"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 under the age of 13 for less than a 24-hour period.

"Child with special needs" means a child with developmental disabilities, intellectual disabilities, emotional disturbance, sensory or motor impairment, or significant chronic illness who requires special health surveillance or specialized programs, interventions, technologies, or facilities.

"Cleaned" means treated in such a way as to remove dirt and debris by scrubbing and washing with soap and water or detergent solution and rinsing with water.

"Department" means the Virginia Department of Education.

"Department's representative" means an employee or designee of the Virginia Department of Education, acting as the authorized agent of the superintendent.

"Evacuation" means movement of occupants out of the building to a safe area near the building.

"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 one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. A family day home serving five through 12 children, exclusive of the provider's own children and any children who reside in the home, shall be licensed. A family day home caring for more than four children under the age of two years, including the provider's own children and any children who reside in the home, shall be 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.

"Good character and reputation" means knowledgeable and objective people agree that the individual (i) maintains business, professional, family, and community relationships that are characterized by honesty, fairness, and truthfulness; and (ii) demonstrates a concern for the well-being of others to the extent that the individual is considered suitable to be entrusted with the care, guidance, and protection of children. Relatives by blood or marriage, and people who are not knowledgeable of the individual, such as recent acquaintances, shall not be considered objective references.

"High school program completion or the equivalent" means an individual has earned a high school diploma or General Education Development (G.E.D.) certificate, or has completed a program of home instruction equivalent to high school completion.

"Inaccessible" means not capable of being entered, reached, or used.

"Infant" means a child from birth up to 16 months of age.

"Nighttime care" means care provided between 7 p.m. and 6 a.m.

"Parent" means the biological, foster or adoptive parent, legal guardian, or any individual with responsibility for or custody of a child enrolled in or in the process of being enrolled in a family day home.

"Physician" means an individual licensed to practice medicine in any of the 50 states or the District of Columbia.

"Preschool" means children from two years up to the age of eligibility to attend public school, age five by September 30 of that same year.

"Programmatic experience" means time spent working directly with children in a group that is located away from the child's home. Work time shall be computed on the basis of full-time work experience during the period prescribed or equivalent work time over a longer period. Experience settings may include, but not be limited to, a child day program, family day home, child day center, boys and girls club, field placement, elementary school, or a faith-based organization.

"Provider" means an individual who is issued the family day home license by the Department of Education and who has primary responsibility in providing care, protection, supervision, and guidance of children in the family home.

"Relocation" means movement of occupants of the building to a safe location away from the vicinity of the building.

"Residence" means principal legal dwelling or abode that is occupied for living purposes by the provider and contains the facilities necessary for sleeping, eating, cooking, and family living.

"Sanitized" means treated in such a way as to remove bacteria and viruses from inanimate surfaces through first cleaning and secondly using a solution of one tablespoon of bleach mixed with one gallon of water and prepared fresh daily or using a sanitizing solution approved by the U.S. Environmental Protection Agency. The surface of the item is sprayed or dipped into the sanitizing solution and then allowed to air dry.

"School age" means eligible to attend public school, age five or older by September 30 of that same year.

"Serious injury" means a wound or other specific damage to the body such as, but not limited to, unconsciousness; broken bones; dislocation; deep cut requiring stitches; poisoning; concussion; and a foreign object lodged in eye, nose, ear, or other body orifice.

"Shelter-in-place" means movement of occupants of the building to designated protected spaces within the building.

"Substitute provider" means an individual who meets the qualifications of a provider; is designated by the provider; and who provides care, protection, supervision, and guidance for children in the family day home when the provider is absent from the home for more than two hours.

"Superintendent" means Superintendent of Public Instruction or the superintendent's designee.

"Time out" means a discipline technique in which a child is moved for a brief time away from the stimulation and reinforcement of ongoing activities and other children in the group to allow the child who is losing self-control to regain composure.

"Toddler" means a child from 16 months of age up to 24 months of age.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-10 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended, Virginia Register Volume 33, Issue 2, eff. October 19, 2016; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part II Administration

8VAC20-800-30 Operational responsibilities

A. The provider shall ensure compliance with these standards and the terms of the current license issued by the department and with relevant federal, state or local laws, and other relevant regulations.

B. The provider will ensure compliance with the home's policies that have been disclosed to the parents as required by 8VAC20-800-70.

C. The provider shall be of good character and reputation. Character and reputation investigation includes, but is not limited to, background checks as required by §§ 22.1-289.034 et seq. of the Code of Virginia.

D. The provider shall meet the requirements specified in 8VAC20-770, Background Checks for Child Day Programs and Family Day Systems.

E. The provider shall ensure that the home's activities, services, and facilities are conducive to the welfare of children in care.

F. The provider shall be responsible for the home's day-to-day operation.

G. The provider shall ensure that any advertising is not misleading or deceptive as required by § 22.1-289.027 of the Code of Virginia.

H. The provider shall meet the requirements specified in 8VAC20-820, General Procedures and Information for Licensure.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-30 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended, Virginia Register Volume 29, Issue 21, eff. July 17, 2013; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-40 Capacity

A. The provider shall ensure that the total number of children receiving care at any one time does not exceed the maximum licensed capacity of the home.

B. When at least one child receives care for compensation, all children, exclusive of the provider's own children and children who reside in the home, who are in the care and supervision of a provider, count in the licensed capacity.

C. The department will establish the home's maximum capacity based on the following factors:

  1. The availability of adequate space to allow each child free movement and active play indoors and outdoors as required by 8VAC20-800-380;

  2. The provider's responsibility to care for another individual who may require special attention or care, including but not limited to a child with a serious physical, emotional, or behavioral condition; or

  3. The issuance of a special order to limit capacity pursuant to § 22.1-289.023 of the Code of Virginia.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-40 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-50 General recordkeeping

A. The family day home shall keep a written record of children in attendance each day.

B. The provider's records shall be maintained in the home and made accessible to the department's representative.

C. Information contained in a child's record shall be privileged and confidential. The provider shall not distribute or release information in a child's record to any unauthorized person without the written consent of the child's parent.

D. Children's records shall be made available to a child's parent upon request, unless otherwise ordered by the court.

E. Records and reports on children, caregivers, and household members required by this chapter shall be maintained and made accessible to the department's representative for two years from the date of termination of services for a child, date of separation from employment for caregivers, or date of termination of residence for a household member, or unless specified otherwise.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Historical Notes Former 22VAC40-111-50 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-60 Children's records

A. The provider shall maintain an up-to-date record at the family day home for each enrolled child.

B. A child's record shall contain the following information:

  1. Child's full name, nickname (if any), sex, address, and birth date;

  2. Emergency contact information including:

a. Name, home address, and telephone number of each parent who has custody;

b. Name, address and telephone number of each custodial parent's place of employment;

c. Name, office address and telephone number of the child's physician;

d. Name, address and telephone number of two designated persons to contact in case of an emergency if the parent cannot be reached;

e. Information on allergies and intolerance to food, medication, or any other substances, and actions to take in an emergency situation;

f. Name and policy number of the child's medical insurance, if applicable;

g. Names of persons other than the custodial parents who are authorized to pick up the child;

h. Appropriate legal paperwork when a custodial parent does not authorize the provider to release the child to the other parent; and

i. Chronic physical problems, pertinent developmental information, and any special accommodations needed;

  1. First and last dates of attendance;

  2. Parent's signed acknowledgement of the receipt of the information required by 8VAC20-800-70;

  3. Proof of the child's age and identity and the names and addresses of previously attended child day care and schools as required by 8VAC20-800-80;

  4. Immunization records for the child as required by 8VAC20-800-90;

  5. Results of the health examination for the child as required by 8VAC20-800-100;

  6. Written authorization for emergency medical care should an emergency occur and the parent cannot be located immediately unless the parent presents a written objection to provision of medical treatment on religious or other grounds;

  7. Written authorization if a caregiver is to administer prescription or nonprescription medication to the child as required by 8VAC20-800-700 A 2;

  8. Written authorization if the child is to participate in swimming or wading activities as required by 8VAC20-800-660 B;

  9. Written authorization if the child is taken off the premises of the family day home as required by 8VAC20-800-980;

  10. Special instructions to the provider including, but not limited to, exception to an infant's sleeping position as required in 8VAC20-800-590 A, recommendations for the care and activities of a child with special needs as required in 8VAC20-800-620 A, and exception to an infant's being fed on demand as required in 8VAC20-800-960 A;

  11. Record of any accidents or injuries sustained by the child while at the family day home as required by 8VAC20-800-840; and

  12. Documentation of the review of the child's emergency contact information as required by 8VAC20-800-780 B.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-60 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-70 Written information for parents

A. Before the child's first day of attendance, parents shall be provided in writing the following information:

  1. Operating information including the hours and days of operation, holidays or other times closed, and the telephone number where a message can be left for a caregiver;

  2. Schedule of fees and payment plans;

  3. Check in and check out procedures;

  4. Policies for the administration of medications;

  5. Whether or not there is liability insurance of at least $100,000 per occurrence and $300,000 aggregate in force on the family day home operation as required by § 22.1-289.050 of the Code of Virginia;

  6. Requirement for the family day home to notify the parent when the child becomes ill and for the parent to arrange to have the child picked up as soon as possible if so requested by the home;

  7. Requirement for the parent to inform the family day home within 24 hours or the next business day after his child or any member of the immediate household has developed any reportable communicable disease, as defined by the State Board of Health, except for life-threatening diseases, which must be reported immediately;

  8. Requirement for the child to be adequately immunized as required by 8VAC20-800-90;

  9. Requirement for paid caregivers to report suspected child abuse or neglect according to § 63.2-1509 of the Code of Virginia;

  10. Custodial parent's right to be admitted to the family day home any time the child is in care as required by § 22.1-289.054 of the Code of Virginia;

  11. General daily schedule that is appropriate for the age of the enrolling child;

  12. Policies for the provision of food;

  13. Presence of a pet or animal in the home;

  14. Discipline policies including acceptable and unacceptable discipline measures;

  15. Amount of time per week that an adult assistant or substitute provider instead of the provider is scheduled to care for the child and the name of the adult assistant or substitute provider;

  16. Provisions of the family day home's emergency preparedness and response plan;

  17. Parental notifications required in 8VAC20-800-650;

  18. Policies for termination of care; and

  19. Address of the website of the department, with a note that a copy of this chapter and additional information about the family day home may be obtained from the website, including compliance history that includes information after July 1, 2003.

B. The provider shall obtain the parent's written acknowledgement of the receipt of the information in this section.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-70 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-80 Proof of age and identity; record of child care and schools

A. Within seven business days of the child's first day of attendance at the family day home, the provider shall obtain from the parent:

  1. Verification of the identity and age of the child; and

  2. Name and location of previous day care programs and schools the child has attended.

B. The provider shall verify the identity and age of a child by viewing one of the following:

  1. Certified birth certificate;

  2. Birth registration card;

  3. Notification of birth, i.e., hospital, physician, or midwife record;

  4. Passport;

  5. Copy of the placement agreement or other proof of the child's identity from a child placing agency;

  6. Original or copy of a record or report card from a public school in Virginia;

  7. Signed statement on letterhead stationery from a public school principal or other designated official that assures the child is or was enrolled in the school; or

  8. Child identification card issued by the Virginia Department of Motor Vehicles.

C. The provider shall document in the child's record:

  1. The method of verification of the child's age and identity; and

  2. The names and locations of the previous child care programs and schools the child has attended.

D. The provider shall notify the local law-enforcement agency if the parent does not provide the information required in 8VAC20-800-80 A within seven business days of the child's first day of attendance at the family day home.

E. The proof of identity, if reproduced or retained by the family day home, shall be destroyed two years after termination of services to the child. The procedures for the disposal, physical destruction, or other disposition of the proof of identity containing social security numbers shall include all reasonable steps to destroy such documents by:

  1. Shredding;

  2. Erasing; or

  3. Otherwise modifying the social security numbers in those records to make them unreadable or indecipherable by any means.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-80 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-90 Immunizations for children

A. Before a child may attend the family day home, the provider shall obtain documentation that the child has been adequately immunized according to the requirements of § 32.1-46 A of the Code of Virginia and applicable State Board of Health regulations.

B. Pursuant to subsection C of § 22.1-271.2 of the Code of Virginia, documentation of immunizations is not required for any child whose:

  1. Parent submits an affidavit to the family day home on the current form approved by the Virginia Department of Health stating that the administration of immunizing agents conflicts with the parent's or child's religious tenets or practices; or

  2. Physician or a local health department states on a Department of Health-approved form that one or more of the required immunizations may be detrimental to the child's health, indicating the specific nature and probable duration of the medical condition or circumstance that contraindicates immunization.

C. The family day home shall obtain documentation of additional immunizations for a child who is not exempt from the immunization requirements according to subsection B of this section:

  1. Once every six months for children under the age of two years; and

  2. Once between each child's fourth and sixth birthdays.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-90 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-100 Physical examinations for children

A. The provider shall obtain documentation of a physical examination by or under the direction of a physician prior to a child's attendance or within 30 days after the first day of attendance.

B. The physical examination prior to attendance shall have been conducted within:

  1. Two months prior to attendance for children six months of age or younger;

  2. Three months prior to attendance for children age seven months through 18 months;

  3. Six months prior to attendance for children age 19 months through 24 months;

  4. Twelve months prior to attendance for children two years of age through five years of age; or

  5. Twenty-four months prior to attendance for children six years of age and above.

EXCEPTIONS:

  1. A new physical examination is not required if a copy of the physical examination is available to the admitting family day home for a child transferring from a facility licensed by the Virginia Department of Education, approved by a licensed family day system, voluntarily registered by the Virginia Department of Education or by a contract agency of the Virginia Department of Education, or transferring from a Virginia Department of Education-approved child care program.

  2. Pursuant to subsection D of § 22.1-270 of the Code of Virginia, physical examinations are not required for any child whose parent objects on religious grounds. The parent must submit a signed statement noting that the parent objects on religious grounds and certifying that to the best of the parent's knowledge the child is in good health and free from communicable or contagious disease.

  3. For a school age child, a copy of the physical examination required for his entry into a Virginia public kindergarten or elementary school is acceptable documentation.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-100 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-110 Form and content of immunization and physical examination reports for children

A. The current form approved by the Virginia Department of Health or a physician's form shall be used to record immunizations received and the results of the required physical examination.

B. Each report shall include the date of the physical examination and dates immunizations were received and shall be signed by a licensed physician, the physician's designee, or an official of a local health department.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-110 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part III Personnel

8VAC20-800-130 General qualifications for caregivers

Caregivers shall:

  1. Be of good character and reputation;

  2. Be physically and mentally capable of carrying out assigned responsibilities;

  3. Be courteous, respectful, patient, and affectionate toward the children in care;

  4. Be able to speak, read, and write in English as necessary to:

a. Carry out assigned job responsibilities, and

b. Communicate effectively with emergency responders; and

  1. Meet the requirements specified in 8VAC20-770, Background Checks for Child Day Programs and Family Day Systems.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-130 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-140 Qualifications and requirements for providers and substitute providers

A. Providers and substitute providers shall be 18 years of age or older.

B. Providers licensed after and substitute providers employed after June 30, 2010, shall have:

  1. (i) A high school program completion or the equivalent or (ii) evidence of having met the requirements for admission to an accredited college or university;

  2. Three months of programmatic experience;

  3. Current certification in cardiopulmonary resuscitation (CPR), as appropriate to the age of the children in care, from the American Red Cross, American Heart Association, American Safety and Health Institute, or the National Safety Council, or current CPR certification issued within the past two years by a community college, a hospital, a rescue squad, or a fire department; and

  4. Current certification in first aid from the American Red Cross, American Heart Association, American Safety and Health Institute, or the National Safety Council, or current first aid certification issued within the past three years by a community college, a hospital, a rescue squad, or a fire department.

EXCEPTION: A provider or substitute provider who is a registered nurse or licensed practical nurse with a current license from the Board of Nursing shall not be required to obtain first aid certification.

C. Use of a substitute provider shall be limited to no more than a total of 240 hours per calendar year.

D. A substitute provider shall record and sign the time of arrivals and departures on each day that the substitute provider works.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-140 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part IV Household members

8VAC20-800-160 Attributes for household members

Individuals 14 years of age and older who reside in the family day home shall:

  1. Display behavior that demonstrates emotional stability;

  2. Be of good character and reputation; and

  3. Meet the requirements specified in 8VAC20-770, Background Checks for Child Day Programs and Family Day Systems.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-160 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part V Physical health of caregivers and household members

8VAC20-800-170 Initial tuberculosis screening for caregivers and household members

A. The provider shall obtain from each caregiver at the time of hire and each adult household member prior to coming into contact with children a current Report of Tuberculosis Screening form published by the Virginia Department of Health or a form consistent with it documenting the absence of tuberculosis in a communicable form.

B. The form shall have been completed within the last 30 days and be signed by a physician, physicians' designee, or an official of the local health department.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-170 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-180 Subsequent tuberculosis screening for caregivers and household members

A. The provider shall obtain for each caregiver and adult household member a current Report of Tuberculosis Screening form, in accordance with the requirements in 8VAC20-800-170, every two years from the date of the first screening or more frequently as recommended by a physician or the local health department.

B. Within 30 days of a caregiver's or adult household member's coming into contact with a known case of infectious tuberculosis, the provider shall obtain for the individual a new Report of Tuberculosis Screening form in accordance with the requirements in 8VAC20-800-170. Until a new screening form is issued that documents the absence of tuberculosis in a communicable form, the caregiver or adult household member shall not have contact with children.

C. The provider shall immediately obtain a new Report of Tuberculosis Screening form in accordance with the requirements in 8VAC20-800-170 for any caregiver or adult household member who develops chronic respiratory symptoms of three weeks duration. Until a new screening form is issued that documents the absence of tuberculosis in a communicable form, the caregiver or adult household member shall not have contact with children.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-180 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part VI Caregiver training

8VAC20-800-200 Orientation

A. The provider shall orient the substitute provider and assistant by the end of their first week of assuming job responsibilities.

B. The orientation shall cover the following topics:

  1. Job responsibilities;

  2. Requirements for parental notifications listed in 8VAC20-800-650;

  3. Standards in this chapter that relate to the substitute provider's or assistant's responsibilities;

  4. Emergency evacuation, relocation, and shelter-in-place procedures;

  5. Location of emergency numbers, first aid kit, and emergency supplies;

  6. Confidential treatment of information about children in care and their families; and

  7. Requirement for reporting suspected child abuse and neglect.

C. Documentation of the orientation shall be signed and dated by the provider and substitute provider or by the provider and assistant.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-200 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-210 Annual training

A. In addition to satisfactory completion of first aid training and CPR training, caregivers shall obtain a minimum of sixteen clock hours of training annually in areas relevant to their job responsibilities.

B. The annual training shall cover areas such as, but not limited to:

  1. Physical, intellectual, social, and emotional child development;

  2. Behavior management and discipline techniques;

  3. Health and safety in the family day home environment;

  4. Art and music activities for children;

  5. Child nutrition;

  6. Recognition and prevention of child abuse and neglect;

  7. Emergency preparedness as required by 8VAC20-800-800 C; or

  8. Recognition and prevention of the spread of communicable diseases.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-210 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-220 Medication administration training

A. To safely perform medication administration practices listed in 8VAC20-800-710 whenever the family day home has agreed to administer prescription medications or nonprescription medications, the administration shall be performed by a caregiver who:

  1. Has satisfactorily completed a training program for this purpose developed or approved by the Board of Nursing and taught by a registered nurse, licensed practical nurse, doctor of medicine or osteopathic medicine, or pharmacist; or

  2. Is licensed by the Commonwealth of Virginia to administer medications.

B. Caregivers required to have the training in subdivision A 1 of this section shall be retrained at three-year intervals.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-220 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part VII Physical equipment and environment

8VAC20-800-240 Home maintenance

A. Areas and furnishings of the family day home, inside and outside, shall be maintained in a clean, safe, and operable condition. Unsafe conditions shall include, but not be limited to, the presence of poisonous plants; tripping hazards; unstable heavy equipment, furniture, or other items that a child could pull down on himself; splintered, cracked, or otherwise deteriorating wood; chipped or peeling paint; visible cracks, bending or warping, rusting, or breakage of any equipment; head entrapment hazards; and protruding nails, bolts, or other components that could entangle or could snag skin.

B. No equipment, materials, or furnishings shall be used if recalled or identified by the U.S. Consumer Product Safety Commission as being hazardous.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-240 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-250 Hanging, suffocation, and strangulation hazards

A. Hanging items including window blind or curtain cords, appliance cords, and ropes shall be out of reach of children under five years of age.

B. Children shall be protected from materials that could be swallowed or present a choking hazard. Toys or objects less than 1-1/4 inches in diameter and less than two inches in length shall be kept out of reach of children under the age of three years.

C. Items tied across the top or corner of a crib or playpen or toys hung from the sides with strings or cords shall be removed when the child begins to push up on hands and knees or is five months of age, whichever occurs first.

D. Hood or neck drawstrings shall be removed from a child's clothing prior to a child's using climbing play equipment.

E. Latex gloves, balloons, and empty plastic bags large enough for a child's head to fit inside shall be inaccessible to children under five years of age.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-250 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-260 Drowning hazards

A. Access to the water in aboveground swimming pools shall be prevented by locking and securing the ladder in place or storing the ladder in a place inaccessible to children.

B. A nonclimbable barrier at least four feet high such as, but not limited to, a fence or impenetrable hedge shall surround outdoor play areas located within 30 feet of drowning hazards such as, but not limited to, inground swimming or wading pools, ponds, or fountains not enclosed by safety fences.

C. Portable wading pools without integral filter systems shall:

  1. Be emptied after use by each group of children, rinsed, and filled with clean water, or more frequently as necessary; and

  2. When not in use during the family day home's hours of operation, be emptied, sanitized, and stored in a position to keep them clean and dry.

D. Portable wading pools shall not be used by children who are not potty trained.

E. Bathtubs, buckets, and other containers of liquid accessible to children shall be emptied immediately after use.

F. Hot tubs, spas, and whirlpools shall:

  1. Not be used by children in care, and

  2. Covered with safety covers while children are in care.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-260 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-270 Firearms and ammunition

A. Firearms of every type and purpose shall be stored unloaded in a locked container, compartment, or cabinet, and apart from ammunition.

B. Ammunition shall be stored in a locked container, compartment, or cabinet during the family day home's hours of operation.

C. If a key is used to lock the container, compartment, or cabinet, the key shall be inaccessible to children.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-270 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-280 Poisonous materials

Potentially poisonous substances, materials and supplies such as, but not limited to, cleaning agents, disinfectants, deodorizers, plant care chemicals, pesticides, and petroleum distillates shall be stored away from food in areas inaccessible to children.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-280 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-290 Sharp objects

Sharp kitchen utensils and other sharp objects shall be inaccessible to children unless being used by the caregiver or with children under close supervision.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-290 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-300 Body fluids contamination

When any surface has been contaminated with body fluids, it shall be cleaned and sanitized.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-300 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-310 Machinery

Machinery in operation such as lawnmowers and power tools shall be inaccessible to the children in care.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-310 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-320 Fire safety and shock prevention

A. Small electrical appliances such as, but not limited to, curling irons, toasters, blenders, can openers, and irons shall be unplugged unless being used by the caregiver or with children under close supervision.

B. Child-resistant protective covers larger than 1-1/4 inches in diameter shall be installed on all unused electrical outlets and surge protectors accessible to children under five years of age.

C. No electrical device accessible to children shall be placed so that it could be plugged into an electrical outlet while in contact with a water source, such as a sink, tub, shower area, toilet, or swimming or wading pool.

D. Electrical cords and electrical appliances and equipment with cords that are frayed and have exposed wires shall not be used.

E. Radiators, oil and wood burning stoves, floor furnaces, fireplaces, portable electric heaters, and similar heating devices located in areas accessible to children shall have barriers or screens and be located at least three feet from combustible materials.

F. Unvented fuel burning heaters shall not be used when children are in care. Unvented fuel burning heaters include, but are not limited to, portable oil-burning (kerosene) heaters; portable, unvented liquid or gas fueled heaters; and unvented fireplaces.

G. Wood burning stoves and fireplaces and associated chimneys shall be inspected annually by a knowledgeable inspector to verify that the devices are properly installed, maintained, and cleaned as needed. Documentation of the inspection and cleaning shall be maintained by the provider.

H. All flammable and combustible materials such as, but not limited to, matches, lighters, lighter fluid, kerosene, turpentine, oil and grease products, aerosol cans, and alcohol shall be stored in an area inaccessible to children.

I. If there are open and obvious fire hazards, including the absence of fire extinguishers or smoke detectors as required by the Uniform Statewide Building Code and the Statewide Fire Prevention Code, the local fire prevention or building officials, or the State Fire Marshal's office shall be contacted by the department's representative. The provider shall comply with the requirements or recommendations made by the fire prevention or building officials to eliminate fire hazards.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-320 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-330 Telephones

A. A landline telephone, excluding a cordless or cell phone, shall be available, operable, and accessible during the family day home's hours of operation. An operable landline telephone is one that does not require electricity to operate. Cordless or cell phones may be used in addition to the landline telephone.

B. If the telephone number is unlisted, the provider shall ensure that parents and the department have been given the unlisted number in writing.

C. The provider shall inform the department within 48 hours and parents within 24 hours of a change of the telephone number.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-330 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-340 Bathrooms

A. The home shall have an indoor bathroom.

B. The bathroom shall be easily accessible to children two years of age and older.

C. The bathroom shall be kept clean and contain a working toilet and sink, toilet tissue, liquid soap, and paper towels.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-340 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-350 Water supply

A. The home shall have indoor running water.

B. When water is not obtained from a municipal supply, and the house is not connected to a municipal sewer line, the water supply and septic system of the family day home shall be inspected and approved by the local health official or a private laboratory if there are open and obvious symptoms of water or sewage system problems, such as evidence of cloudy, murky, or muddy water, or sewage back up.

C. Family day homes connected to a municipal water supply and sewer line that have open and obvious symptoms of water or sewage system problems shall have the problems corrected within a time frame established by the local public utility department.

D. There shall be an ample supply of hot and cold water available to children and caregivers for hand washing.

E. Hot water at taps available to children shall be maintained within a range of 105°F to 120°F.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-350 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-360 Garbage

A. Garbage shall be removed on a daily basis from rooms occupied by children and removed from the premises at least once weekly or more often as needed.

B. There shall be a sufficient number of garbage and diaper containers.

C. Children shall not be allowed access to garbage storage areas.

D. Garbage storage areas shall be free of litter, odor, and uncontained trash.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-360 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-370 Rodents and insects

A. The home shall be kept free from rodents and insect infestation.

B. No home shall maintain any receptacle or pool, whether natural or artificial, containing water in such condition that insects breeding therein may become a menace to public health.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-370 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-380 Space

The home shall provide each child with adequate space to allow free movement and active play indoors and out.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-380 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-390 Individual location

A. Each child who is two years of age and older shall have access to an individual location in which to keep clothing, toys, and belongings.

B. Each child who is under the age of two shall have an individual location in which to keep clothing, toys, and belongings that is accessible to the caregiver and parent.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-390 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-400 Heating and cooling

A. The temperature in all inside areas occupied by children shall be maintained no lower than 65°F.

B. Fans or other cooling systems shall be used when the temperature of inside areas occupied by children exceeds 80°F.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-400 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-410 Electric fans

Portable electric fans shall be securely mounted out of the reach of children and shall be equipped with a mesh guard.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-410 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-420 Lighting

A. Rooms, halls, and stairways used by children in care shall be lighted with natural or electric lighting for the children's safety and comfort.

B. Entrance and exit ways shall be unobstructed and be lighted with natural or electric lighting.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-420 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-430 Stairs

A. Children under two years of age and children over two years of age who are not developmentally ready to climb or descend stairs without supervision shall not have access to stairs.

B. Accordion expansion gates and pressure mounted gates shall not be used as protective barriers at stair openings.

C. Children over the age of two shall not have access to stairs with three or more risers that do not have protective barriers or guardrails on each side.

D. Protective barriers or guardrails on sides of stairs shall be constructed to prevent a child from climbing over, crawling or falling through, or becoming entrapped.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-430 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-440 Decks and porches

A. Children shall not have access to decks, porches, lofts, or balconies that do not have protective barriers or guardrails.

B. Protective barriers or guardrails shall be constructed to prevent a child from climbing over, crawling or falling through, or becoming entrapped.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-440 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-450 Doors and windows

A. Doors with clear glass panels that reach within 18 inches of the floor shall be clearly marked with decorative objects such as pictures, art work, or decals at the eye level of children in care.

B. Closet doors with latches shall be such that children can open the door from inside the closet.

C. Bathroom doors with locks shall be designed to permit opening of the locked door from the outside with a readily accessible opening device.

D. Windows and doors used for ventilation shall be securely screened.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-450 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-460 Animals

A. Family pets shall not be allowed on any surfaces where food is prepared or served.

B. A pet or animal present at the home, indoors or outdoors, shall be in good health and show no evidence of carrying any disease.

C. Dogs or cats, where allowed, shall be vaccinated for rabies and shall be treated for fleas, ticks, or worms as needed.

D. The provider shall maintain documentation of the current rabies vaccination.

E. Caregivers shall closely supervise children when children are exposed to animals.

F. Children shall be instructed on safe procedures to follow when in close proximity to animals, e.g., not to provoke or startle them or remove their food.

G. Animals that have shown aggressive behavior shall not be kept in the home or on the grounds.

H. Monkeys, ferrets, reptiles, psittacine birds (birds of the parrot family), or wild or dangerous animals shall not be in areas accessible to children during the hours children are in care.

I. Animal litter boxes, toys, food dishes, and water dishes shall be inaccessible to children.

J. All animal excrement shall be removed promptly, disposed of properly, and, if indoors, the soiled area cleaned.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-460 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-470 Smoking and prohibited substances

The provider shall ensure that:

  1. No person smokes:

a. Indoors while children are in care;

b. In a vehicle when children are transported; or

c. Outdoors in an area occupied by children.

  1. No caregiver is under the effects of medication that impairs functioning, alcohol, or illegal drugs.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-470 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-480 Play equipment and materials

A. The family day home shall provide a sufficient quantity and variety of play materials and equipment that shall be readily accessible to children.

B. Equipment and materials used by a child shall be appropriate to the age, size, ability, and interest of the child.

C. Materials and equipment available shall include, but not be limited to, arts and crafts materials, texture materials, construction materials, music and sound materials, books, social living equipment, and manipulative equipment.

D. Equipment used by children shall be assembled, maintained, and used in accordance with the manufacturer's instructions.

E. Equipment and materials used by children shall be clean, nontoxic, and free from hazards such as lead paint, sharp edges or points, loose parts, and rust.

F. Toys mouthed by children shall be cleaned and sanitized daily.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-480 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-490 Indoor slides and climbing equipment

The climbing portions of indoor slides and climbing equipment over 18 inches high shall not be over bare floor.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-490 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-500 Outdoor play area and equipment

A. A nonclimbable barrier at least four feet high such as, but not limited to, a fence or impenetrable hedge shall surround outdoor play areas located within 30 feet of hazards such as, but not limited to, streets with speed limits in excess of 25 miles per hour or with heavy traffic, or railroad tracks.

B. The highest climbing rung or platform on outdoor climbing equipment or top of a slide shall not exceed six feet for school age children and four feet for preschool children.

C. Stationary outdoor playground equipment shall:

  1. Not be installed over concrete, asphalt, or any other hard surface;

  2. Be placed at least six feet from the perimeter of other play structures or obstacles; and

  3. Be firmly anchored with ground supports that are covered with materials to protect children from injury.

D. Outdoor play equipment shall meet the following requirements:

  1. "S" hooks shall be tightly closed;

  2. Swings shall have flexible seats of rubber, canvas, or nylon;

  3. Nonflexible-molded seats shall be used only when a caregiver stays within arm's length of any hard-molded swing in use and is positioned to see and protect other children who might walk into the path of the swing;

  4. Openings above the ground that are closed on all sides shall be smaller than 3-1/2 inches or larger than nine inches to prevent head entrapment hazards;

  5. Ropes, loops, or any hanging apparatus that might entrap, close, or tighten upon a child shall not be used;

  6. Equipment with moving parts that might pinch or crush children's hands or fingers shall not be used unless they have guards or covers; and

  7. Equipment with platforms and ramps over 30 inches high shall have been designed with guardrails or barriers to prevent falls.

E. Sandboxes shall be covered when not in use.

F. Trampolines shall not be used during the hours children are in care.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-500 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-510 Rest areas

A. A child shall be provided with an individual crib, cot, rest mat, or bed for resting or napping.

B. Upper levels of double-deck beds shall not be used.

C. Occupied cribs, cots, rest mats, and beds shall be:

  1. At least three feet from any heat-producing appliance; and

  2. At least 12 inches from each other.

D. Rest mats that are used must have at least an inch of cushioning.

E. Rest mats shall be cleaned and sanitized on all sides at least weekly and as needed.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-510 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-520 Cribs

A. Cribs shall be provided for children from birth through 12 months of age and for children over 12 months of age who are not developmentally ready to sleep on a cot, rest mat, or bed.

B. Cribs shall not be used as a play space for infants.

C. Cribs shall:

  1. Meet the U.S. Consumer Product Safety Commission standards at the time they were manufactured;

  2. Not have been recalled;

  3. Have no more than six centimeters or 2-3/8 inches of space between slats;

  4. Have mattresses that fit snugly next to the crib so that no more than two fingers can be inserted between the mattress and the crib;

  5. Not have end panel cutouts of a size to cause head entrapment; and

  6. Not have mesh sides.

D. Double-deck cribs shall not be used.

E. Crib bumper pads shall not be used.

F. Crib sides shall always be up and the fastenings secured when a child is in the crib, except when the caregiver is giving the child immediate attention.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-520 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-530 Linens

A. Cribs, cots, rest mats, and beds when being used for sleeping or napping by children other than infants shall have linens consisting of a top cover and a bottom cover or a one-piece covering that is open on three edges.

B. Cribs when being used by infants shall have a tight-fitting bottom cover.

C. Linens shall be assigned for individual use.

D. Linens shall be clean and washed at least weekly or when soiled.

E. Clean linens shall be used each time a child rests on the bed of a family member.

F. No soft bedding of any kind shall be used under or around infants including, but not limited to, pillows, quilts, comforters, sheepskins, or stuffed toys.

G. Children under two years of age shall not use pillows or filled comforters.

H. Pillows, when used for children over two years of age, shall be assigned for individual use and covered with pillowcases.

I. Mattresses, when used, shall be covered with a waterproof material that can be cleaned and sanitized.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-530 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-540 Infant and toddler equipment

A. Infant carrier seats, swings, strollers, feeding or activity tables, and high chairs shall be used according to the manufacturer's instructions and when occupied by a child, a safety strap shall be used and securely fastened.

B. Infant walkers shall not be used.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-540 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part VIII Care of children

8VAC20-800-560 Supervision

A. A caregiver shall be physically present on site and provide direct care and supervision of each child at all times. Direct care and supervision of each child includes:

  1. Awareness of and responsibility for each child in care, including being near enough to intervene if needed; and

  2. Monitoring of each sleeping infant in one of the following ways:

a. By placing each infant for sleep in a location where the infant is within sight and hearing of a caregiver;

b. By in-person observation of each sleeping infant at least once every 15 minutes; or

c. By using a baby monitor.

B. Caregivers shall actively supervise each child during outdoor play to minimize the risk of injury to a child.

C. A caregiver may allow only school age children to play outdoors while the caregiver is indoors if the caregiver can hear the children playing outdoors.

D. Infants shall be protected from older children.

E. No child under five years of age or a child older than five who lacks the motor skills and strength to avoid accidental drowning, scalding, or falling while bathing shall be left unattended while in the bathtub.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-560 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-570 Determining need for additional caregiver

A. The provider shall ensure that a caregiver does not exceed 16 points by using the following point system to determine if an additional caregiver is needed:

  1. Children from birth through 15 months of age count as four points each;

  2. Children from 16 months through 23 months of age count as three points each;

  3. Children from two through four years of age count as two points each;

  4. Children from five years through nine years of age count as one point each; and

  5. Children who are 10 years of age and older count as zero points.

B. A caregiver's own children and resident children under eight years of age count in point maximums.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-570 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-580 General requirements for programs

A. In order to promote the child's physical, intellectual, emotional, and social well-being and growth, caregivers shall:

  1. Talk to the child;

  2. Provide needed help, comfort, and support;

  3. Respect personal privacy;

  4. Respect differences in cultural, ethnic, and family backgrounds;

  5. Encourage decision-making abilities;

  6. Promote ways of getting along;

  7. Encourage independence and self-direction; and

  8. Use consistency in applying expectations.

B. Caregivers shall provide age-appropriate activities for children in care throughout the day that:

  1. Are based on the physical, social, emotional, and intellectual needs of the children;

  2. Reflect the diversity of enrolled children's families, culture, and ethnic backgrounds; and

  3. Enhance the total development of children.

C. Daily age-appropriate activities shall include:

  1. Opportunities for alternating periods of indoor active and quiet play depending on the ages of the children;

  2. Opportunities for vigorous outdoor play daily, depending upon the weather, the ages, and the health of the children;

  3. Opportunities for one or more regularly scheduled rest or nap periods. Children unable to sleep shall be provided time and space for quiet play;

  4. Opportunities for children to learn about themselves, others, and the world around them;

  5. Opportunities for children to exercise initiative and develop independence in accordance with their ages; and

  6. Opportunities for structured and unstructured play time and provider-directed and child-initiated learning activities.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-580 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-590 Requirements for sleeping and resting

A. Infants shall be placed on their backs when sleeping or napping unless otherwise ordered by a written statement signed by the child's physician.

B. An infant, toddler, or preschool child who falls asleep in a play space other than his own crib, cot, mat, or bed shall be moved promptly to his designated sleeping space if the safety or comfort of the infant, toddler, or preschool child is in question.

C. School age children shall be allowed to nap if needed, but not forced to do so.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-590 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-600 Daily activities for infants and toddlers

A. Infants and toddlers shall be provided with opportunities to:

  1. Interact with caregivers and other children in the home in order to stimulate language development;

  2. Play with a wide variety of safe, age-appropriate toys;

  3. Receive individual attention from caregivers including, but not limited to, holding, cuddling, talking, and reading; and

  4. Reach, grasp, pull up, creep, crawl, and walk to develop motor skills.

B. Infants and toddlers shall spend no more than 30 minutes of consecutive time during waking hours, with the exception of mealtimes, confined in a crib, play pen, high chair or other confining piece of equipment. The intervening time period between confinements shall be at least one hour.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-600 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-610 Television, computers, videos, and video games

A. Use of media such as, but not limited to, television, videos, video games, and computers shall be:

  1. Limited to not more than a total of two hours per day; and

  2. Limited to programs, tapes, websites, and software that are produced for children or are suitable for children.

B. Other activities shall be available to children during television or video viewing.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-610 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-620 Care of a child with special needs

A. Caregivers shall provide a child with special needs with the care and activities recommended in writing by a physician, psychologist, or other professional who has evaluated or treated the child.

B. The written recommendation shall:

  1. Include instructions for any special treatment, diet, or restrictions in activities that are necessary for the health of the child; and

  2. Be maintained in the child's record.

C. The provider shall ensure the environment is appropriate for the child based on the plan of care and shall instruct other caregivers in the proper techniques of care.

D. A caregiver shall perform only those procedures and treatments for which he has the necessary training, experience, credentials, or license to perform.

E. Staffing shall be appropriate and adequate to meet the specific physical and developmental needs of a child with special needs in care.

F. The provider and the parent of the child with special needs shall mutually determine a recommendation for the level of staffing necessary to care for and supervise the child based on the child's chronological and functional age and degree of disability.

G. Within 30 days of the child's enrollment, the provider shall provide the department's representative a written recommendation for the level of staffing necessary to care for and supervise the child.

H. The department shall make the final decision regarding level of staffing or any capacity limitations necessary to care for, supervise, and protect all children in care when a child with special needs is receiving care.

I. The parent, provider, and department's representative shall review the staffing requirements annually.

J. A separate area shall be provided for the purpose of privacy for diapering, dressing, and other personal care procedures for a child above age three with special needs who requires assistance in these activities.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-620 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-630 Behavioral guidance

A. Caregivers shall use positive methods of discipline. Discipline shall be constructive in nature and include techniques such as:

  1. Using limits that are fair, consistently applied, appropriate, and understandable for the child's level of development;

  2. Providing children with reasons for limits;

  3. Giving positively worded direction;

  4. Modeling and redirecting children to acceptable behavior;

  5. Helping children to constructively express their feelings and frustration to resolve conflict; and

  6. Arranging equipment, materials, activities, and schedules in a way that promotes desirable behavior.

B. When time out is used as a discipline technique:

  1. It shall be used sparingly and shall not exceed one minute for each year of the child's age;

  2. It shall be appropriate to the child's developmental level and circumstances;

  3. It shall not be used with infants or toddlers;

  4. The child shall be in a safe, lighted, well-ventilated place, and within sight and sound of a caregiver; and

  5. The child shall not be left alone inside or outside the home while separated from the group.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-630 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-640 Forbidden actions

The following acts or threats thereof are forbidden:

  1. Physical punishment including, but not limited to, striking a child, roughly handling or shaking a child, biting, pinching, restricting movement through binding or tying, forcing a child to assume an uncomfortable position, or exercise as punishment;

  2. Enclosure in a small, confined space or any space that the child cannot freely exit himself; however, this does not apply to the use of equipment such as cribs, play pens, high chairs, and safety gates when used for their intended purpose with children preschool age or younger;

  3. Punishment by another child;

  4. Withholding or forcing of food, water, or rest;

  5. Verbal remarks that are demeaning to the child;

  6. Punishment for toileting accidents; and

  7. Punishment by applying unpleasant or harmful substances.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-640 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-650 Parent notifications

A. The provider shall provide written notification to the parent within 10 business days after the effective date of the change when there is no longer liability insurance in force on the family day home operation.

  1. The provider shall obtain the parent's written acknowledgement of the receipt of this notification, and

  2. A copy of the parent's written acknowledgement of the receipt of this notification shall be maintained in the child's record.

B. Caregivers shall provide information daily to parents about the child's health, development, behavior, adjustment, or needs.

C. The provider shall give parents prior notice when a substitute provider will be caring for the children.

D. Caregivers shall notify parents when persistent behavioral problems are identified and such notification shall include any disciplinary steps taken in response.

E. The provider shall notify the parent immediately when the child:

  1. Has a head injury or any serious injury that requires emergency medical or dental treatment;

  2. Has an adverse reaction to medication administered;

  3. Has been administered medication incorrectly;

  4. Is lost or missing; or

  5. Has died.

F. The provider shall notify a parent the same day whenever first aid is administered to the child.

G. When a child has been exposed to a communicable disease listed in the Department of Health's current communicable disease chart, the provider shall notify the parent within 24 hours or the next business day of the home's having been informed, unless forbidden by law, except for life-threatening diseases, which must be reported to parents immediately. The provider shall consult the local health department if there is a question about the communicability of a disease.

H. Parents shall be informed of any changes in the home's emergency preparedness and response plan.

I. Except in emergency evacuation or relocation situations, the provider shall inform the parent and have written permission as required by 8VAC20-800-980 whenever the child will be taken off the premises of the family day home, before such occasion.

J. If an emergency evacuation or relocation is necessary, the parent shall be informed of the child's whereabouts as soon as possible.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-650 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part IX Preventing the spread of disease

8VAC20-800-670 Exclusion of sick children

A. Unless otherwise approved by a child's health care professional, a child shall be excluded from the family day home if he has:

  1. Both fever and behavior change. A fever means oral temperature over 101°F or armpit temperature over 100°F;

  2. Diarrhea (more watery, less formed, more frequent stools not associated with a diet change or medication). Children in diapers who develop diarrhea shall be excluded, and children who have learned to use the toilet, but cannot make it to the toilet in time, shall also be excluded;

  3. Recurrent vomiting (vomiting two or more times in 24 hours); or

  4. Symptoms of a communicable disease listed in the Virginia Department of Health's current communicable disease chart.

B. If a child needs to be excluded according to subsection A of this section, the following shall apply:

  1. The parents or designated emergency contact shall be contacted immediately so that arrangements can be made to remove the child from the home as soon as possible; and

  2. The child shall remain in a quiet, designated area and the caregiver shall respond immediately to the child until the child leaves the home.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-670 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-680 Hand washing

A. Caregivers shall wash their hands with liquid soap and warm running water:

  1. When their hands are dirty;

  2. After toileting;

  3. Before preparing and serving food;

  4. Before feeding or helping children with feeding;

  5. After contact with any body fluids;

  6. After handling or caring for animals;

  7. After handling raw eggs or meat; and

  8. After diapering a child or assisting a child with toileting.

B. Caregivers shall ensure that children's hands are washed with liquid soap and warm running water:

  1. When their hands are dirty;

  2. Before eating;

  3. After toileting or diapering;

  4. After handling or caring for animals; and

  5. After contact with any body fluids.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-680 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part X Medication administration

8VAC20-800-700 General requirements for medication administration

A. Prescription and nonprescription medications shall be given to a child:

  1. According to the home's written medication policies; and

  2. Only with written authorization from the parent.

B. The parent's written authorization for medication shall expire or be renewed after 10 working days.

EXCEPTION: Long-term prescription and nonprescription drug use may be allowed with written authorization from the child's physician and parent.

C. When an authorization for medication expires, the parent shall be notified that the medication needs to be picked up within 14 days or the parent must renew the authorization. Medications that are not picked up by the parent within 14 days shall be taken to a pharmacy for proper disposal.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-700 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-710 Prescription medication

The family day home may administer prescription medication that would normally be administered by a parent or guardian to a child provided:

  1. The medication is administered by a caregiver who meets the requirements in 8VAC20-800-220 A;

  2. The caregiver administers only those drugs that were dispensed from a pharmacy and maintained in the original, labeled container; and

  3. The caregiver administers drugs only to the child identified on the prescription label in accordance with the prescriber's instructions pertaining to dosage, frequency, and manner of administration.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-710 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-720 Non-prescription medication

A. The family day home may administer nonprescription medication provided the medication is:

  1. Administered by a caregiver 18 years of age or older who meets the requirements in 8VAC20-800-220 A;

  2. Labeled with the child's name;

  3. In the original container with the manufacturer's direction label attached; and

  4. Given only at the dose, duration, and method of administration specified on the manufacturer's label for the age or weight of the child needing the medication.

B. Nonprescription medication shall not be used beyond the expiration date of the product.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-720 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-730 Storage of medication

A. Medications for children in care shall be stored separately from medications for household members and caregivers.

B. When needed, medication shall be refrigerated.

C. When medication is stored in a refrigerator used for food, the medications shall be stored together in a container or in a clearly defined area away from food.

D. Medication, except for those prescriptions designated otherwise by a written physician's order, including refrigerated medication and medications for caregivers and household members, shall be kept in a locked place using a safe locking method that prevents access by children.

E. If a key is used, the key shall be inaccessible to the children.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-730 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-740 Medication records

The provider shall keep a record of prescription and nonprescription medication given children, which shall include the following:

  1. Name of the child to whom medication was administered;

  2. Amount and type of medication administered to the child;

  3. The day and time the medication was administered to the child;

  4. Name of the caregiver administering the medication;

  5. Any adverse reactions; and

  6. Any medication administration error.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-740 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part XI Emergencies

8VAC20-800-760 First aid and emergency medical supplies

A. The following emergency supplies shall be in the family day home, accessible to outdoor play areas, on field trips, in vehicles used for transportation and wherever children are in care:

  1. A first aid kit that contains at a minimum:

a. Scissors;

b. Tweezers;

c. Gauze pads;

d. Adhesive tape;

e. Adhesive bandages, assorted sizes;

f. Antiseptic cleaning solution or pads;

g. Digital thermometer;

h. Triangular bandages;

i. Single use gloves such as surgical or examination gloves;

j. In homes located more than one hour's travel time from a healthcare facility, activated charcoal preparation (to be used only on the direction of a physician or the home's local poison control center); and

k. First aid instructional manual.

  1. An ice pack or cooling agent.

B. The first aid kit shall be readily accessible to caregivers and inaccessible to children.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-760 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-770 Emergency flashlights and radios

A working battery-operated flashlight, a working portable battery-operated weather band radio, and extra batteries shall be kept in a designated area and be available to caregivers at all times.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-770 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-780 Emergency information

A. The emergency contact information listed in 8VAC20-800-60 B 2 and the parent's written authorization for emergency medical care as required by 8VAC20-800-60 B 8 shall be made available to a physician, hospital, or emergency responders in the event of a child's illness or injury.

B. Annually, the provider shall:

  1. Review with the parent the emergency contact information required in 8VAC20-800-60 B 2 to ensure the information is correct, and

  2. Obtain the parent's signed acknowledgment of the review.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-780 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-790 Posted telephone numbers

The following telephone numbers shall be posted in a visible area close to the telephone:

  1. A 911 or local dial number for police, fire, and emergency medical responders;

  2. The responsible person for emergency backup care as required in 8VAC20-800-800 A 3; and

  3. The regional poison control center.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-790 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-800 Emergency preparedness and response plan

A. The family day home shall have a written emergency preparedness and response plan that:

  1. Includes emergency evacuation, emergency relocation, and shelter-in-place procedures;

  2. Addresses the most likely to occur scenarios, including but not limited to fire, severe storms, flooding, tornadoes, and loss of utilities; and

  3. Includes provisions for a responsible person who is 18 years of age or older and is able to arrive at the family day home within 10 minutes for emergency backup care until the children can be picked up by their parents.

B. The provider shall review the emergency plan at least annually and update the plan as needed. The provider shall document in writing each review and update to the emergency plan.

C. The provider shall ensure that each caregiver receives training regarding the emergency evacuation, emergency relocation, and shelter-in-place procedures by the end of his first week of assuming job responsibilities, on an annual basis, and at the time of each plan update.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-800 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-810 Evacuation and relocation procedures

Evacuation procedures shall include:

  1. Methods to alert caregivers and emergency responders;

  2. Designated primary and secondary routes out of the building;

  3. Designated assembly point away from the building;

  4. Designated relocation site;

  5. Methods to ensure all children are evacuated from the building and, if necessary, moved to a relocation site;

  6. Methods to account for all children at the assembly point and relocation site;

  7. Methods to ensure essential documents, including emergency contact information, medications, and supplies are taken to the assembly point and relocation site;

  8. Method of communication with parents and emergency responders after the evacuation; and

  9. Method of communication with parents after the relocation.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-810 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-820 Shelter-in-place procedures

Shelter-in-place procedures shall include:

  1. Methods to alert caregivers and emergency responders;

  2. Designated safe location within the home;

  3. Designated primary and secondary routes to the safe location;

  4. Methods to ensure all children are moved to the safe location;

  5. Methods to account for all children at the safe location;

  6. Methods to ensure essential documents, including emergency contact information, and supplies are taken to the safe location; and

  7. Method of communication with parents and emergency responders.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-820 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-830 Emergency response drills

A. The emergency evacuation procedures shall be practiced monthly with all caregivers and children in care during all shifts that children are in care.

B. Shelter-in-place procedures shall be practiced a minimum of twice per year.

C. Documentation shall be maintained of emergency evacuation and shelter-in-place drills that includes:

  1. Identity of the person conducting the drill;

  2. The date and time of the drill;

  3. The method used for notification of the drill;

  4. The number of caregivers participating;

  5. The number of children participating;

  6. Any special conditions simulated;

  7. The time it took to complete the drill;

  8. Problems encountered, if any; and

  9. For emergency evacuation drills only, weather conditions.

D. Records of emergency evacuation and shelter-in-place drills shall be maintained for one year.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-830 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-840 Injury records

A. The provider shall record in the child's record an injury or accident sustained by a child while at the family day home that requires first aid or emergency medical or dental treatment.

B. The information recorded shall include the following:

  1. Date and time of injury;

  2. Name of injured child;

  3. Type and circumstance of the injury;

  4. Caregiver present and action taken;

  5. Date and time when parents were notified;

  6. Any future action to prevent recurrence of the injury;

  7. Caregiver and parent signatures or two caregiver signatures; and

  8. Documentation on how the parent was notified.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-840 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-850 Reports to department

A. The provider shall report to the department within 24 hours of the circumstances surrounding the following incidents:

  1. Lost or missing child when local authorities have been contacted for help;

  2. Serious injury to a child while under the family day home's supervision; and

  3. Death of a child while under the family day home's supervision.

B. A written report shall be completed and submitted to the department within five working days of the date the incident occurred.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-850 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part XII Nutrition

8VAC20-800-870 General requirements for meals and snacks

A. Meals and snacks shall be served in accordance with the times children are in care, which include:

  1. For family day homes operating less than four consecutive hours at least one snack shall be served.

  2. For family day homes operating four to seven consecutive hours at least one meal and one snack shall be served.

  3. For family day homes operating seven to 12 consecutive hours at least one meal and two snacks or two meals and one snack shall be served.

  4. For family day homes operating 12 to 16 consecutive hours at least two meals and two snacks or three meals and one snack shall be served.

B. A family day home shall ensure that children arriving from a half-day, morning program who have not yet eaten lunch receive a lunch.

C. The family day home shall schedule snacks or meals so there is a period of at least 1-1/2 hours, but no more than three hours, between each meal or snack unless there is a scheduled rest or sleep period for children between the meals and snacks.

D. Children shall be served small-sized portions.

E. Food shall be prepared, stored, served, and transported in a clean and sanitary manner.

F. Leftover food shall be discarded from individual plates following a meal or snack.

G. Tables and high chair trays shall be cleaned after each use, but at least daily.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-870 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-880 Meals and snacks provided by family day home

When family day homes provide meals or snacks, the following shall apply:

  1. Family day homes shall follow the most recent, age-appropriate nutritional requirements of a recognized authority such as the Child and Adult Care Food Program of the United States Department of Agriculture (USDA).

  2. Children shall be allowed second helpings of food listed in the child care food program meal patterns.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-880 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-890 Meals and snacks brought from child's home

When food is brought from home, the following shall apply:

  1. The food container shall be clearly labeled in a way that identifies the owner;

  2. The family day home shall have extra food or shall have provisions to obtain food to serve to a child so the child can have an appropriate snack or meal as required in 8VAC20-800-880 if the child forgets to bring food from home or brings an inadequate meal or snack; and

  3. Unused portions of food shall be discarded by the end of the day or returned to the parent.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-890 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-900 Preventing choking

A. To assist in preventing choking, food that is hard, round, small, thick and sticky, or smooth and slippery such as whole hot dogs sliced into rounds, nuts, seeds, raisins, uncut grapes, uncut raw carrots, peanuts, chunks of peanut butter, hard candy, and popcorn shall not be served to children under four years of age, unless the food is prepared before being served in a manner that will reduce the risk of choking, i.e., hot dogs cut lengthwise, grapes cut in small pieces, and carrots cooked or cut lengthwise.

B. Children shall not be allowed to eat or drink while walking, running, playing, lying down, or riding in vehicles.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-900 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-910 Drinking water and fluids

A. Water shall be available for drinking and shall be offered on a regular basis to all children in care.

B. In environments of 80ºF or above, attention shall be given to the fluid needs of children at regular intervals. Children in such environments shall be encouraged to drink fluids.

C. Clean individual drinking cups shall be provided daily. Children shall not be allowed to share common drinking cups.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-910 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-920 Menus

When meals or snacks are provided by the family day home, the menu for the current one-week period shall:

  1. Be dated;

  2. Be given to parents or posted or placed in an area accessible to parents;

  3. List any substituted food; and

  4. Be kept on file one week at the family day home.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-920 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-930 Eating utensils and dishes

A. Eating utensils shall be appropriate in size for children to handle.

B. Chipped or cracked dishes shall not be used.

C. Eating utensils and dishes shall be properly cleaned by prerinsing, washing, and air drying, or using a dishwasher.

D. Eating utensils and dishes shall be stored in a clean dry place, and protected from contamination.

E. If disposable eating utensils and dishes are used, they shall be sturdy enough to prevent spillage or other health and safety hazards.

F. Disposable utensils and dishes shall be used once and discarded.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-930 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-940 Food storage

A. Temperatures shall be maintained at or below 40°F in refrigerator compartments and at or below 0°F in the freezer compartments.

B. The provider shall have an operable thermometer available to monitor refrigerator and freezer compartment temperatures.

C. All perishable foods and drinks used for children in care, except when being prepared and served, shall be kept in the refrigerator.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-940 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-950 Milk

A. All milk and milk products shall be pasteurized.

B. Powdered milk shall be used only for cooking.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-950 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-960 Feeding infants

A. Infants shall be fed on demand unless the parent provides other written instructions.

B. Infants who cannot hold their own bottles shall be picked up and held for bottle feeding. Bottles shall not be propped.

C. High chairs, infant carrier seats, or feeding tables with safety waist and crotch straps fastened according to the manufacturer's instructions shall be used for children under 12 months of age who are not held while being fed.

D. Infant formula shall be prepared according to the manufacturer's or physician's instructions.

E. Bottles shall be refrigerated and labeled with the child's full name and the date, if more than one infant is in care.

F. Refrigerated bottles of prepared formula and breast milk shall be discarded after 48 hours if not used.

G. Bottles shall not be heated in a microwave oven.

H. To avoid burns, heated formula and baby food shall be stirred or shaken and tested for temperature before being served to children.

I. A child's mother shall be granted access to a private area of the family day home to facilitate breast feeding.

J. Solid foods shall:

  1. Not be fed to infants less than four months of age without parental consent; and

  2. Be fed with a spoon, with the exception of finger foods.

K. Baby food shall be served from a dish and not from the container.

L. Baby food remaining in:

  1. A serving dish shall be discarded;

  2. Opened containers, from which a portion has been removed, shall be refrigerated and labeled with the child's full name and the date, if more than one infant is in care; and

  3. Opened containers stored in the refrigerator shall be discarded if not consumed within 24 hours of storage.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-960 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part XIII Transportation

8VAC20-800-980 Written permission for transportation and field trips

A. General written permission shall be obtained from the parent of each child for the provider to take the child off the premises of the family day home. The general written permission shall be on a form that lists regularly scheduled trips (e.g., library, store, playground) and the driver, if the child is to be transported.

B. Special written permission shall be obtained from the parent of each child for the provider to take the child on special field trips (those not regularly scheduled). The written special permission shall specify destination, duration of trip, and driver, if the child is to be transported.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-980 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-990 Requirements for drivers

A. Drivers must be 18 years of age or older.

B. The provider shall ensure that during transportation of children the driver has:

  1. A valid driver's license;

  2. The name, address, and telephone number of the family day home;

  3. A copy of the parent's written permission to transport the child;

  4. A copy of each child's emergency contact information as required in 8VAC20-800-60 B 2;

  5. Emergency supplies as required in 8VAC20-800-760; and

  6. A mechanism for making telephone calls to emergency responders and parents (e.g., change, calling card, cellular phone).

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-990 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-800-1000 Requirements for vehicles

The provider shall ensure that the vehicle used for transportation:

  1. Meets the safety standards set by the Virginia Department of Motor Vehicles;

  2. Is kept in satisfactory condition to assure the safety of children;

  3. Is licensed and insured according to state law;

  4. Was manufactured for the purpose of transporting people seated in an enclosed area; and

  5. Has seats that are attached to the floor.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-1000 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part XIV Nighttime care

8VAC20-800-1020 Nighttime care

A. For nighttime care during which a child sleeps more than two hours, the following is required:

  1. A child shall have a rest area that meets the requirements of 8VAC20-800-510;

  2. An infant shall have an individual crib that meets the requirements of 8VAC20-800-520; and

  3. Linens shall be provided that meet the requirements in 8VAC20-800-530.

B. For children in nighttime care, quiet activities and experiences shall be available immediately before bedtime.

C. Providers shall establish a bedtime schedule for a child in consultation with the child's parent.

D. Separate sleeping and dressing areas shall be provided for children of the opposite sex over six years of age.

E. Each child shall have a toothbrush, and a comb or hair brush assigned for individual use.

F. Each child nine months of age or older shall have flame-resistant or snug-fitting sleepwear.

G. Bath towels and washcloths, when used, shall be assigned for individual use and laundered as needed, but at least weekly.

H. A child shall have a routine that encourages good personal hygiene practices including bathing (if needed) and teeth brushing.

I. Caregivers shall remain awake until all children are asleep and shall sleep on the same floor level as the children in care.

J. A baby monitor shall be used if the caregiver is not sleeping in the room with the child or in a room adjacent to the room where the child is sleeping.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-111-1020 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Chapter 820 General Procedures and Information for Licensure [Repealed]

Part I Introduction [Repealed]

8VAC20-820-10 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.

Part II Licensing Regulations [Repealed]

8VAC20-820-30 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-40 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.

Part III The License [Repealed]

8VAC20-820-60 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-70 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-80 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-90 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-100 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-110 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.

Part IV The Licensing Process [Repealed]

8VAC20-820-130 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-140 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-150 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-160 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-170 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-180 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-190 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-200 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.

Part V Allowable Variances [Repealed]

8VAC20-820-220 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.

Part VI Problem Solving Conferences [Repealed]

8VAC20-820-240 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-250 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-260 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.

Part VII Complaint Investigation [Repealed]

8VAC20-820-280 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-290 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-300 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.

Part VIII Sanctions [Repealed]

8VAC20-820-320 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-330 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-340 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-350 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.

Part IX Hearings Procedures [Repealed]

8VAC20-820-370 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-380 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-390 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-400 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-410 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-420 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-430 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-440 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-450 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-460 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-470 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-480 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-820-490 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. February 1, 2026.

Chapter 821 General Procedures for the Licensure of Child Day Programs and Family Day Systems and Background Checks

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 , criminal history record report , and sex offender registry 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.

"Final order" means a notification to a provider or facility of the department's final case decision to deny or revoke a license, exemption, or registration for child day programs or to summarily suspend part or all operations during an appeal of denial or revocation. ]

"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.

"Special order" means an order imposing an administrative sanction issued to any party licensed pursuant to Title 22.1 of the Code of Virginia by the superintendent that has a stated duration of not more than 12 months. A special order is considered a case decision as defined in § 2.2-4001 of the Code of Virginia. The 12-month period begins 30 days after notification of the issuance of a special order or at the conclusion of all appeal steps.

"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 the regulation would not adversely affect the safety and well-being of children in care.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.

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 as defined in Title 22.1 of the Code of Virginia shall obtain the appropriate license from the superintendent, which may be renewed.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-40 Qualifications for licensure

A. Each application for licensure shall be made to the superintendent on the form prescribed by the superintendent, 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 name and address of the business entity and the names 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 as part of the application process.

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 before being issued a license or a conditional license by the superintendent.

C. Every applicant for licensure as a child day program 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 instead 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.

  1. 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 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. A license shall not be issued to an applicant who does not constitute or who does not operate or maintain a child day program or family day system as defined in Title 22.1 of the Code of Virginia.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
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 an inspection 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 before approval for licensure.

E. Applicants are encouraged to consult as early as possible with the department regarding building plans and licensing standards in order to avoid noncompliance.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-70 Variances

A. Any demonstration of hardship or 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 standard 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 standard for which the variance is requested; and

  3. The proposed alternative to the standard 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 standard will cause substantial programmatic or financial hardship or (ii) that the proposed alternative to the standard will protect the safety and well-being of the children in care. The 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 on 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. An applicant or licensee shall not make the programmatic change for which the variance was requested [ before receiving written approval from the superintendent. Initiating the programmatic change before receiving approval for the requested variance may be grounds for denying the request for the variance and may constitute grounds for adverse action.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
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 licensure shall be denied unless a provisional license is issued.

C. A conditional license may be voided and a license issued if the superintendent determines that the applicant meets the qualifications for licensure.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
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 thereafter for a period of six months apply again for the license, unless the superintendent in the superintendent's sole discretion believes that there has been 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.

Part III Renewal

8VAC20-821-100 Renewal required

Every person issued a license that has not been suspended or revoked shall renew the license before its expiration.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-110 Qualifications for renewal

A. Before 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 to determine compliance with licensing standards. The 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. A license will not be renewed for a licensee who does not constitute or who does not operate or maintain a child day program or family day system as defined in Title 22.1 of the Code of Virginia during the licensure period immediately preceding renewal.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
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 a special order or final order issued 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 the license, unless the superintendent in the superintendent's sole discretion believes that there has been 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.

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 before the date the applicant's license expires.

E. Application fees shall not be applicable to facilities, centers, or agencies operated by federal entities.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-150 Application fees

A. The fee required for each child day program will be based on 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.

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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
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 the 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 of the Code of Virginia or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth, and the 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 further dissemination.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-190 Out-of-state background checks

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 for any component of the background check maintained by that state has not been returned, the person responsible for obtaining the background check shall obtain the following before the background check may be considered complete:

  1. Documentation from the state on or after the date of the request if the state to which the request was made refuses to provide background check information due to the state's procedures for processing; or

  2. Documentation showing that the person responsible for obtaining the background check contacted the state in writing to obtain the results of the background check at least 45 days after the first request.

B. Any documentation obtained pursuant to this section shall be maintained as part of the background check record.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
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 an individual required to have a background check terminates duties with a facility or no longer resides in the home, 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, the 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 the 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
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 the 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
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 enrolled after the waiver becomes effective.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.

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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
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 before 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 ;

b. Any conditional or provisional license, which shall be posted at each public entrance of the facility, and a notice, which 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;

c. Notice of the superintendent's intent to revoke or deny renewal of the license of a child day program or family day system. The 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;

d. 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;

e. 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. The 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;

f. 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

g. Any other documents required by the superintendent;

  1. Failure to correct any area of noncompliance found during any inspection;

  2. Permitting, aiding, or abetting the commission of any illegal act in the licensed facility ;

  3. 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;

  4. 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;

  5. 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;

  6. Engaging in conduct or practices that are in violation of laws or regulations relating to abuse, neglect, or exploitation of children;

  7. 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

  8. Failure to comply with the terms of a special order or final order issued by the superintendent

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.

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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.

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 the following:

  1. 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 being cared for ; or

  2. Permitting, aiding, or abetting the commission of any illegal act in a child day program or family day system.

B. Notice of the superintendent's intent to take any of the actions enumerated in subdivisions C 1 through C 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 C of this section may be appealed by (i) 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 (ii) 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.

C. 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 the 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-300 Revocation and denial

The superintendent may revoke or deny the renewal of 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
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 the proceeding.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-320 Consent agreements

Instead of an adverse action, an applicant or licensee may request to enter into a consent agreement with the superintendent. If an applicant or licensee enters into a consent agreement with the superintendent , the consent agreement 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 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.

Part IX Appeals

8VAC20-821-330 Appeal of refusal to issue a license, 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. Appeals from notice of the superintendent's intent to refuse to issue or renew or 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.

C. Judicial review of a final review of the 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.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.

Chapter 840 Virginia Child Care Provider Scholarship Program [Repealed]

Part I General Provisions [Repealed]

8VAC20-840-10 (Repealed.)

History

  • Historical Notes: Former 22VAC40-690-10 derived from VR615-32-01:1 § 1.1, eff. July 1, 1992; amended, Virginia Register Volume 17, Issue 18, eff. September 1, 2001; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. January 15, 2026.
8VAC20-840-20 (Repealed.)

History

  • Historical Notes: Former 22VAC40-690-15 derived from Virginia Register Volume 17, Issue 1, eff. September 1, 2001; amended, Virginia Register Volume 30, Issue 6, eff. January 2, 2014; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. January 15, 2026.
8VAC20-840-30 (Repealed.)

History

  • Historical Notes: Former 22VAC40-690-20 derived from VR615-32-01:1 § 2.1, eff. July 1, 1992; amended, Virginia Register Volume 17, Issue 18, eff. September 1, 2001; Volume 24, Issue 24, eff. October 1, 2008; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. January 15, 2026.
8VAC20-840-40 (Repealed.)

History

  • Historical Notes: Former 22VAC40-690-30 derived from VR615-32-01:1 § 2.2, eff. July 1, 1992; amended, Virginia Register Volume 17, Issue 18, eff. September 1, 2001; Volume 24, Issue 24, eff. October 1, 2008; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. January 15, 2026.
8VAC20-840-50 (Repealed.)

History

  • Historical Notes: Former 22VAC40-690-35 derived from Virginia Register Volume 17, Issue 18, eff. September 1, 2001; amended, Virginia Register Volume 30, Issue 6, eff. January 2, 2014; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. January 15, 2026.
8VAC20-840-60 (Repealed.)

History

  • Historical Notes: Former 22VAC40-690-40 derived from VR615-32-01:1 § 2.3, eff. July 1, 1992; amended, Virginia Register Volume 17, Issue 18, eff. September 1, 2001; Volume 24, Issue 24, eff. October 1, 2008; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. January 15, 2026.
8VAC20-840-70 (Repealed.)

History

  • Historical Notes: Former 22VAC40-690-55 derived from Virginia Register Volume 17, Issue 18, eff. September 1, 2001; Errata, 17:21 VA.R. 3124 July 2, 2001; amended, Virginia Register Volume 24, Issue 24, eff. October 1, 2008; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. January 15, 2026.
8VAC20-840-80 (Repealed.)

History

  • Historical Notes: Former 22VAC40-690-60 derived from VR615-32-01:1 § 2.5, eff. July 1, 1992; amended, Virginia Register Volume 17, Issue 18, eff. September 1, 2001; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 8, eff. January 15, 2026.

Chapter 850 Voluntary Registration of Family Day Homes - Requirements for Providers

Part I Introduction

8VAC20-850-10 Definitions

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

"Adult" means any individual 18 years of age or older.

"Age appropriate" means suitable to the chronological age range and developmental characteristics of a specific group of children.

"Age groups" means the following:

"Infant" means children from birth to 16 months.

"Toddler" means children from 16 months to 31 months.

"Preschooler" means children from 31 months up to the age of eligibility to be enrolled in kindergarten or an equivalent program.

"School age" means children who are eligible to be enrolled in kindergarten or attend public school.

"Age of eligibility to attend public school" means five years of age or older by September 30.

"Care, protection and guidance" means responsibility assumed by a family day home provider for children receiving care in the home, whether they are related or unrelated to the provider.

"Certificate of registration" means a document issued by the Superintendent to a family day provider, acknowledging that the provider has been certified by the contracting organization or the department and has met the Requirements for Voluntary Registration of Family Day Homes - Requirements for Providers. ( 8VAC20-850-10).

"Child" means any individual under 18 years of age.

"Contracting organization" means the agency which has contracted with the Department of Education to administer the voluntary registration program for family day homes.

"Denial of a certificate of registration" means a refusal by the Superintendent to issue an initial certificate of registration.

"Department" means the Virginia Department of Education.

"Department's representative" means an employee or designee of the Virginia Department of Education acting as the authorized agent of the superintendent.

"Evaluate" or "evaluation" means the review of a family day provider by a contracting organization upon receipt of an application for a certificate of registration to verify that the applicant meets the Requirements for Providers.

"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 one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. A family day home serving five through 12 children, exclusive of the provider's own children and any children who reside in the home, shall be licensed. A family day home caring for more than four children under the age of two, including the provider's own children and any children who reside in the home, shall be 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 provider applicant" or "provider applicant" means a person 18 years of age or older who has applied for a certificate of registration.

"Monitor" or "monitoring visit" means to visit a registered family day provider and to review the provider's compliance with the applicable requirements described in the Requirements for Providers.

"Parent" means a biological, foster or adoptive parent, legal guardian, or any person with responsibility for, or custody of, a child enrolled or in the process of being enrolled in a family day home.

"Physician" means a person licensed to practice medicine.

"Provider" or "registered family day provider" means a person who has received an initial or renewed certificate of registration issued by the superintendent. This provider has primary responsibility for providing care, protection, supervision, and guidance to the children in the registered home.

"Provider assistant" means a person 14 years of age or older who has been designated by the family day provider and approved by the contracting organization to assist the provider in the care, protection, supervision, and guidance of children in the home.

"Refusal to renew a certificate of registration" means the nonissuance of a certificate of registration by the superintendent after the expiration of the existing certificate of registration.

"Registration fee" means the payment to a contracting organization by a provider or applicant upon filing an application for a certificate of registration.

"Registered family day home" means any family day home which has met the standards for voluntary registration for such homes pursuant to regulations promulgated by the State Board of Education and which has obtained a certificate of registration from the superintendent.

"Renewal of a certificate of registration" means the issuance of a certificate of registration by the superintendent after the expiration of the existing certificate of registration.

"Requirements for Providers" means the procedures and general information set forth for providers operating family day homes who voluntarily register. This includes staffing requirements and a self-administered health and safety checklist.

"Revocation of a certificate of registration" means the removal of a provider's current certificate of registration by the superintendent for failure to comply with the applicable Requirements for Providers.

"Substitute provider" means a provider who meets the Requirements for Providers and who is readily available to provide substitute child care in a registered provider's home or in the substitute provider's home.

"Superintendent" means the Superintendent of Public Instruction.

"Superintendent's designee" means a designated individual who or a division within the Department of Education that is designated to act on the superintendent's behalf in one or more specific responsibilities.

"USDA" means U.S. Department of Agriculture.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-180-10 derived from VR615-35-01 § 1.1, eff. July 1, 1993; amended, Virginia Register Volume 33, Issue 2, eff. October 19, 2016; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part II Provider Registration and General Procedures

8VAC20-850-20 Provider eligibility

A. A family day provider and substitute provider shall be 18 years of age or older.

B. A family day assistant shall be 14 years of age or older.

C. A family day provider, assistant or assistants and substitute provider shall be able to read, write, understand and carry out the responsibilities in the Requirements for Providers.

D. A family day provider and substitute provider shall live in a county, city, or town that does not have a local ordinance for the regulation or licensure of family day homes.

E. A family day provider that is voluntarily registered pursuant to § 22.1-289.015 of the Code of Virginia shall not be required by law to be licensed. Family day homes serving five through 12 children younger than the age of 13 years, exclusive of the provider's own children and any children who reside in the home, shall be licensed.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-180-30 derived from VR615-35-01 § 2.1, eff. July 1, 1993; amended, Virginia Register Volume 33, Issue 2, eff. October 19, 2016; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-850-30 Application for registration

A. A family day provider applicant for a certificate of registration shall submit to the contracting organization a completed application form, which shall include, but not be limited to:

  1. The health and safety checklist and statements of assurance as noted in Part III ( 8VAC20-850-110 et seq.);

  2. A tuberculosis test report as noted in subsection C of this section;

  3. A criminal records check and Child Protective Services Central Registry Clearance as indicated in subsection D of this section;

  4. A sworn disclosure statement as noted in subsection D of this section; and

  5. General information as noted in subsection B of this section.

B. The provider shall also indicate a preference as to whether:

  1. The provider applicant is interested in participating in the USDA food program (if the registrant is not currently participating);

  2. The provider applicant is willing and able to serve as a substitute provider (after the primary provider obtains consent from parents of enrolled children) and is interested in being included on the substitute provider list maintained by the contracting organization.

C. Health information shall be submitted on the family day provider applicant, assistant and substitute providers, if any, and any other adult household member who comes in contact with children or handles food served to children. The applicant shall return the completed application form along with a tuberculosis (TB) form which provides written proof of the results of a tuberculosis examination for the applicant, the provider assistant, if any, and all other persons who care for children in the family day home as follows:

  1. Initial tuberculosis examination and report.

a. Within 90 days before the date of initial application for registration or within 30 days before employment or having contact with children in a registered home, each individual shall obtain a tuberculin skin test indicating the absence of tuberculosis in a communicable form;

b. Each individual shall submit a statement that he is free of tuberculosis in a communicable form, including the results of the test;

c. The statement shall be signed by a physician, the physician's designee, or an official of a local health department; and

d. The statement shall be filed in the individual's record maintained at the family day home.

EXCEPTION: An individual may delay obtaining the tuberculosis test if a statement from a physician is provided that indicates the test is not advisable for specific health reasons. This statement shall include an estimated date for when the test can be safely administered. The individual shall obtain the test no later than 30 days after this date.

  1. Subsequent evaluations.

a. An individual who had a significant (positive) reaction to a tuberculin skin test and whose physician certifies the absence of communicable tuberculosis shall obtain chest x-rays on an annual basis for the following two years.

(1) The individual shall submit statements documenting the chest x-rays and certifying freedom from tuberculosis in a communicable form;

(2) The statements shall be signed by a licensed physician, the physician's designee, or an official of a local health department;

(3) The statements shall be filed in the individual's record maintained at the family day home; and

(4) Following the two-year period during which chest x-rays are required annually, additional screening shall be obtained every two years.

b. An individual who had a nonsignificant (negative) reaction to an initial tuberculin skin test shall obtain additional screening every two years thereafter.

c. Any individual who comes in contact with a known case of tuberculosis or who develops chronic respiratory symptoms shall, within 30 days of exposure or development, receive an evaluation in accordance with subdivision C 1 of this section.

  1. At the request of the contracting organization or the Department of Education, a report of examination by a physician shall be obtained when there is an indication that the safety of children in care may be jeopardized by the physical or mental health of a specific individual.

D. Information certifying that those in contact with children do not have a criminal background shall be submitted. Attachments will include:

  1. A criminal records check, as specified in §§ 22.1-289.036 of the Code of Virginia, conducted no more than 90 days before the date of initial application and no more than 90 days before the date of application for renewal, for the provider applicant, the provider assistant, and the substitute provider, if any, and any adults residing in the home;

  2. A Child Protective Services (CPS) Central Registry Clearance conducted no more than 90 days before the date of initial application and no more than 90 days before the date of application for renewal, for the provider applicant, the provider assistant, and the substitute provider, if any, and any adults residing in the home; and

  3. A sworn disclosure statement for the provider applicant, the provider assistant, and the substitute provider, if any, and any adults residing in the home.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-180-40 derived from VR615-35-01 § 2.2, eff. July 1, 1993; amended, Virginia Register Volume 33, Issue 2, eff. October 19, 2016; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-850-40 Registration fees

A. At the time an application for a certificate of registration is submitted to the contracting organization, the provider applicant shall pay a nonrefundable registration fee not to exceed $50 for a two-year period. The fee shall be paid in the form of a check or money order made payable to the contracting organization. (This does not include the fee for the criminal records check, CPS Central Registry Clearance or the tuberculosis test.)

B. An additional fee shall not be required if a minor change in the information collected, e.g., change in name, occurs before the expiration date of the current certificate of registration or if the provider requires a duplicate copy of the certificate of registration due to loss or destruction of the original.

C. An additional fee shall only be charged if a second home visit is required because:

  1. The provider changes location (not to exceed $50);

  2. The original certificate of registration was revoked (not to exceed $50); or

  3. The provider's completion of a corrective action plan needs to be verified (not to exceed $10).

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-180-50 derived from VR615-35-01 § 2.3, eff. July 1, 1993; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-850-50 Issuance of a certificate of registration

A. After the provider applicant has satisfactorily met the requirements for voluntary registration, the contracting organization shall certify the provider applicant as eligible for registration to the superintendent and recommend the issuance of a certificate of registration.

B. The superintendent shall issue the certificate of registration, which shall not be transferable, to a specific provider at a specific location.

C. If it is necessary to change any identifying information (name and phone) noted on the certificate of registration prior to the end of the two-year registration period, the provider shall advise the contracting organization no later than 14 calendar days after the change.

D. If the provider changes location prior to the end of the two-year registration period, the provider shall permit and participate in a second home visit and an evaluation of the new residence within 30 days of occupying the residence.

E. The provider shall not claim in advertising or in any written or verbal announcement to be registered with the Commonwealth of Virginia unless a certificate of registration is currently in effect.

F. A provider who has been denied a certificate of registration or who has had a certificate of registration revoked or refused renewal by the superintendent shall not be eligible for issuance of a certificate of registration until six months after the date of such action, unless the waiting period is waived by the superintendent.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-180-60 derived from VR615-35-01 § 2.4, eff. July 1, 1993; amended, Virginia Register Volume 33, Issue 2, eff. October 19, 2016; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-850-60 Renewal of a certificate of registration

A. The certificate of registration shall be subject to renewal upon expiration.

B. No later than 45 days before the expiration of the current certificate of registration, the provider shall submit to the contracting organization a completed renewal application form which shall include, but not limited to, the required information specified in 8VAC20-850-30.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-180-70 derived from VR615-35-01 § 2.5, eff. July 1, 1993; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-850-70 Denials, revocations, refusals to renew and provider appeals procedures

A. A provider's certificate of registration may be denied, revoked, or refused renewal by the superintendent for cause including, but not limited to:

  1. Failure to comply with adult-child ratios, staffing requirements, or other standards set forth in the Requirements for Providers;

  2. Use of fraud in obtaining a certificate of registration or in the subsequent operations of the family day home;

  3. Any conduct or activity which adversely affects or presents a serious hazard to the health, safety, and general well-being of an enrolled child, or which otherwise demonstrates unfitness by a provider to operate a family day care home;

  4. Refusal to furnish the contracting organization or the department with records;

  5. Refusal to permit immediate admission to the family day home to the parent of an enrolled child who is present in the home or to an authorized representative of the contracting organization or department when any enrolled child is present; or

  6. Documentation maintained by a contracting organization or the department that a certificate of registration has been denied, revoked, or refused renewal by the superintendent to the provider during the six months prior to the date an application is resubmitted for a certificate of registration.

B. When a provider is found to be in violation of any of the provisions of subsection A of this section, the contracting organization shall notify the provider of the violation or violations first orally and then in writing, and, when appropriate, shall afford the provider an opportunity to abate the violation or violations within a timeframe agreed upon by the contracting organization and the provider. The provider shall immediately abate the violation or violations in situations where children are at risk of abuse or neglect or serious harm or injury.

C. If the provider fails to abate the violation or violations within the agreed upon timeframe or commits a subsequent violation, the contracting organization may recommend to the superintendent that the certificate of registration be denied, revoked, or refused renewal. A statement referencing the standard or standards violated shall be included with the recommendation.

D. Upon notification of the contracting organization's intent to recommend that a certificate of registration be denied, revoked, or refused renewal, a provider may request a review in writing by the contracting organization's review committee within 15 calendar days after receipt of notification.

E. The contracting organization shall submit its recommendation of the provider's eligibility for issuance of a certificate of registration to the superintendent's designee. If a certificate of registration is denied, revoked or refused renewal by the superintendent's designee, the provider may appeal the decision in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) and may request a hearing in writing within 15 calendar days after receipt of notification of the decision.

F. After the hearing, the superintendent shall issue the final order, which may be appealed in accordance with the Administrative Process Act.

G. A provider whose certificate of registration is revoked or refused renewal shall notify the parent or parents of each child enrolled within 10 calendar days after receipt of notification of such action.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-180-80 derived from VR615-35-01 § 2.6, eff. July 1, 1993; amended, Virginia Register Volume 33, Issue 2, eff. October 19, 2016; amended and renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-850-80 Provider reporting requirements

A. The provider shall verbally notify the local department of social services or call the toll free number for the Child Protective Services Unit (1-800-552-7096) immediately whenever there is reason to suspect that a child has been or is being subjected to any kind of child abuse or neglect by any person.

B. The provider shall report the following incidents to the contracting organization as soon as possible but no later than the beginning of the contracting organization's next working day:

  1. A lost or missing child when it was necessary to seek assistance from local emergency or police personnel;

  2. Any injury that occurs while in the provider's care that results in the admission of a child to a hospital;

  3. The death of a child while in the provider's care;

  4. Any damage to the provider's home that affects the provider's compliance with the Requirements for Providers;

  5. Any occurrence of a reportable disease, as specified in the list of reportable diseases provided by the contracting organization;

  6. The termination of all family day care services by the provider; or

  7. The provider's decision to surrender the certificate of registration in accordance with the Requirements of the Voluntary Registration Program.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-180-90 derived from VR615-35-01 § 2.7, eff. July 1, 1993; amended, Virginia Register Volume 33, Issue 2, eff. October 19, 2016; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.
8VAC20-850-90 Provider record requirements

A. The provider's records shall be open for inspection by authorized representatives of the contracting organizations and the department.

B. The provider shall maintain on file a signed statement from each parent, affirming receipt of the information to parents statement.

C. The provider shall maintain an individual record for each child enrolled in care. This record shall include:

  1. The child's full name (including nicknames, if any), address and birth date;

  2. Name, address and telephone number of each parent or other responsible person or persons;

  3. Name, address and telephone number of each parent's place of employment and his or her work hours;

  4. Name, address and telephone number of one or more persons designated by the parent or parents to be called in case of emergency when a parent cannot be reached during the hours the child is in care;

  5. Name, address and telephone number of the child's physician;

  6. Any known or suspected allergies and any chronic or recurrent diseases or disabilities;

  7. The child's allergies to medication or drugs, if applicable, and directions for providing medicines to the child;

  8. The name of the parent's hospitalization plan and number or medical assistance plan, if applicable;

  9. The parent's signed authorization for the child's emergency medical treatment and written consent for giving of medications to the child;

  10. The child's date of enrollment in and date of withdrawal from the family day home, when applicable;

  11. Results of the health examination and up-to-date immunization records of each child unless there is record of a medical or religious exemption;

  12. Names of persons authorized to visit or call for the child, as well as those who are not to visit or call for the child;

  13. A record of any accidents and injuries sustained by a child;

  14. The parent's signed authorization to use a substitute provider and his or her name, address, and phone number;

  15. The parent's signed authorization to transport children and to take trips out of the immediate community;

  16. Any written agreement made between the family day provider and the natural parent, guardian, or other responsible person for each child in care. The agreement may cover hours of care per day, week, or month; cost of care per day, week, or month; frequency and amount of payment per day, week, or month; and any special services to be provided by either party to the agreement.

D. The emergency contact information listed in subdivisions C 2 through C 5 of this section shall be made available to a physician, hospital or emergency care unit in the event of a child's illness or injury.

E. Whenever the provider leaves the home with the child or children, the provider shall have the emergency contact information and medical information required by subdivisions C 1 through C 9 of this section in the caregiver's possession.

F. The family day provider shall not disclose or permit the use of information pertaining to an individual child or family unless the parent or parents or guardian or guardians of the child has granted written permission to do so, except in the course of performance of official duties and to employees or representatives of the contracting organization or the department.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-180-100 derived from VR615-35-01 § 2.8, eff. July 1, 1993; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part III Health and Safety Checklist

8VAC20-850-110 Health and safety checklist criteria

A. A health and safety checklist shall be completed by providers who apply for voluntary registration. The checklist serves as both a self-review tool for providers and an initial and renewal evaluation method for the contracting organization. Items included on the checklist are those which address the basic health and safety needs of children in care in family day homes.

B. The provider shall review and complete the checklist before being certified as eligible for issuance of a certificate of registration.

C. If the provider does not meet the criteria on the health and safety checklist at the time of the initial evaluation or monitoring visit, a corrective action plan shall be completed. This will briefly describe the standard not met, the action to be taken to meet it, the date by which it shall be completed and the signature of the provider.

D. The home shall have indoor running water and an indoor bathroom equipped with a flush toilet and a sink with running water.

E. If the provider does not have a working telephone, the caregiver shall demonstrate that one is quickly and easily accessible in case of an emergency.

History

  • Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
  • Historical Notes: Former 22VAC40-180-120 derived from VR615-35-01 § 3.1, eff. July 1, 1993; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Agency 40 State Council of Higher Education For Virginia

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

8VAC40-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the State Council of Higher Education for Virginia. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

  • Statutory Authority: §§ 2.2-4007.02 and 23-9.6:1 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. January 1, 2009.
8VAC40-11-20 Definitions

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

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the State Council of Higher Education for Virginia, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.

"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

History

  • Statutory Authority: §§ 2.2-4007.02 and 23-9.6:1 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. January 1, 2009.

Part II Notification of Interested Persons

8VAC40-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.

History

  • Statutory Authority: §§ 2.2-4007.02 and 23-9.6:1 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. January 1, 2009.
8VAC40-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 8VAC40-11-30, the agency shall send the following information:

  1. A notice of intended regulatory action (NOIRA).

  2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.

  3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

  • Statutory Authority: §§ 2.2-4007.02 and 23-9.6:1 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. January 1, 2009.

Part III Public Participation Procedures

8VAC40-11-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.

  1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.

  2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

  1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).

  2. For a minimum of 60 calendar days following the publication of a proposed regulation.

  3. For a minimum of 30 calendar days following the publication of a reproposed regulation.

  4. For a minimum of 30 calendar days following the publication of a final adopted regulation.

  5. For a minimum of 30 calendar days following the publication of a fast-track regulation.

  6. For a minimum of 21 calendar days following the publication of a notice of periodic review.

  7. Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.

E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.

History

  • Statutory Authority: §§ 2.2-4007.02 and 23-9.6:1 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. January 1, 2009.
8VAC40-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

  1. The petitioner's name and contact information;

  2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and

  3. Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

  • Statutory Authority: §§ 2.2-4007.02 and 23-9.6:1 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. January 1, 2009.
8VAC40-11-70 Appointment of regulatory advisory panel

A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

  1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or

  2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

  • Statutory Authority: §§ 2.2-4007.02 and 23-9.6:1 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. January 1, 2009.
8VAC40-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

  1. There is no longer controversy associated with the development of the regulation;

  2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or

  3. The agency determines that resolution of a controversy is unlikely.

History

  • Statutory Authority: §§ 2.2-4007.02 and 23-9.6:1 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. January 1, 2009.
8VAC40-11-90 Meetings

Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

History

  • Statutory Authority: §§ 2.2-4007.02 and 23-9.6:1 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. January 1, 2009.
8VAC40-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

  1. The agency's basic law requires the agency to hold a public hearing;

  2. The Governor directs the agency to hold a public hearing; or

  3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working daysprior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.

History

  • Statutory Authority: §§ 2.2-4007.02 and 23-9.6:1 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. January 1, 2009.
8VAC40-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

  1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and

  2. The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

  • Statutory Authority: §§ 2.2-4007.02 and 23-9.6:1 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. January 1, 2009.

Chapter 31 Regulations Governing Certification of Certain Institutions to Confer Degrees, Diplomas, and Certificates

Part I Definitions; Prohibitions; Advertising

8VAC40-31-10 Definitions

In addition to the words and terms defined in § 23.1-100 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Academic credit" means the measure of the total time commitment an average student is expected to devote to learning per week of study. Generally, one unit of credit represents a total of three hours per week of in-class and out-of-class work (Carnegie Unit of Credit). In this context, an hour is defined as 50 minutes.

"Accreditation" means a process of external quality review used by higher education to scrutinize colleges, universities, and educational programs for quality assurance and quality improvement. This term applies to those accrediting organizations recognized by the United States Department of Education.

"Adjunct faculty" means professional staff members of businesses, industries, and other agencies and organizations who are appointed by institutions and schools on a part-time basis to carry out instructional, research, or public service functions.

"Administrative personnel" means individuals who oversee areas as outlined in operational and administrative standards. This includes, by function, titles of financial aid administrator, director of admissions, director of education, business officer or manager, director of student services, including counseling and placement, and the registrar.

"Avocational" means instructional programs that are not intended to prepare students for employment but are intended solely for recreation, enjoyment, personal interest, or as a hobby or courses or programs that prepare individuals to teach such pursuits.

"Certification" means the process of securing authorization to operate a private or out-of-state postsecondary school or institution of higher education or degree, certificate, or diploma program in the Commonwealth.

"Change of ownership" means any action or transaction that results in a change of control of the school. "Change of ownership" includes any change by which a person who has or thereby acquires an ownership interest in the entity that owns the institution or the parent of that entity acquires or loses the ability to control the institution.

"CIP code" means the six-digit number assigned to each discipline specialty in the Classification of Instructional Programs (CIP) taxonomy maintained by the National Center for Education Statistics.

"Clock hour" or "contact hour" means a minimum of 50 minutes of supervised or directed instruction and appropriate breaks.

"Conditional certification" means a status that may be granted by the council to a school certified to operate in Virginia to allow time for the correction of major deficiencies or weaknesses identified in the school's administration that are of such magnitude that, if not corrected, may result in the revocation of the school's certificate to operate.

"Council" means the State Council of Higher Education for Virginia.

"Credit hour" means a unit by which a school may measure its coursework. The number of credit hours assigned to a traditionally delivered course is usually defined by a combination of the number of hours per week in class, the number of hours per week in a laboratory, or the number of hours devoted to externship multiplied by the number of hours in the term. One unit of credit is usually equivalent to, at a minimum, one hour of classroom study and outside preparation, two hours of laboratory experience, or three hours of internship or practicum, or a combination of the three multiplied by the number of weeks in the term. Emerging delivery methodologies may necessitate determining a unit of undergraduate or graduate credit with nontime-based methods. These courses shall use demonstration of competency, demonstration of proficiency, or fulfillment of learning outcomes to ensure these courses are equivalent to traditionally delivered courses.

"Degree" means any earned award at the associate, baccalaureate, master's, first professional, or doctoral level that represents satisfactory completion of the requirements of a program or course of study or instruction beyond the secondary school level and includes certificates and specialist degrees when such awards represent a level of educational attainment above that of the associate degree level.

"Degree program" means a curriculum or course of study that leads to a degree in a discipline or interdisciplinary specialty and normally is identified by a six-digit CIP code number.

"Diploma" means an award that represents a level of educational attainment at or below the associate degree level and that normally consists of up to (i) 1,500 clock hours, (ii) 90 quarter hours, or (iii) 60 semester hours.

"Distance education" means education that uses any means to deliver instruction to students who are separated from the instructor and to support regular and substantive interaction between student and instructor.

"Enrollment agreement" means a legally binding document signed by a student and an authorized representative of an institution, prior to the time instruction begins, that contains required disclosures, a completed copy of which is given to the student upon execution.

"Full-time faculty" means a person whose (i) employment is based upon an official contract, appointment, or agreement with a school; (ii) principal employment is with that school; and (iii) major assignments are in teaching and research. A full-time administrator who teaches classes incidental to administrative duties is not a full-time faculty member.

"Graduate credit hours" means credit hours earned for successful completion of courses beyond the baccalaureate level, generally awarded at the 500 series and above.

"Gross tuition collected" means all fees collected or received on either a cash or accrual accounting method basis for all instructional programs or courses, except for nonrefundable registration and application fees and charges for materials, supplies, and books that have been purchased by, and are the property of, the student.

"Instructional faculty" means a person employed by a school who is engaged in instructional, research, or related activities.

"Instructional location" means a location in Virginia operated under the direction of a designated Virginia site that is geographically located within a 20-mile radius from the designated site and offers less than 50% of an educational program.

"Part-time faculty" means a person whose (i) annual employment is based upon an official contract, appointment, or agreement with a school and (ii) courseload of teaching assignments is of lesser quantity than that expected of a full-time faculty member or is of lesser quantity than the school's definition of a full load of courses.

"Program of study" means a curriculum of two or more courses that is intended or understood to lead to a degree, diploma, or certificate and may include all or some of the courses required for completion of a degree program.

"Provisional certification" means a preliminary approval status granted by the council to a new school applicant that has demonstrated substantial compliance with the provisions of this chapter. Such a status may include any conditions imposed by the council to ensure compliance with the provisions of this chapter. The provisionally certified school must demonstrate compliance with all conditions within one calendar year of the initial grant of provisional certification.

"Senior administrator" means, generally, individuals who have administrative or managerial authority within an institution, including, by function, titles of chief executive officer, president, chancellor, dean, provost, and owner.

"Surety instrument" means a surety bond or a clean irrevocable letter of credit issued by a surety company or banking institution authorized to transact business in Virginia adequate to provide refunds to students for the unearned non-Title IV portion of tuition and fees for any given semester, quarter, or term and to cover the administrative cost associated with filing a claim against the instrument.

"Unearned tuition" means the portion of tuition charges billed to the student but not yet earned by the institution; the unearned tuition represents future educational services to be rendered to presently enrolled students.

History

  • Statutory Authority: § 23.1-215 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 38, Issue 11, eff. February 18, 2022; Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-20 Prohibited acts

A. Use of the term "college" or "university" or abbreviations or words of similar meaning is prohibited, except in accordance with § 23.1-225 of the Code of Virginia. This subsection shall not apply to an individual proprietorship, association, co-partnership, or corporation that uses the words "college" or "university" in its training programs solely for its employees or customers, that does not offer degree-granting programs, and whose name includes the word "college" or "university" in a context from which it is clear that such entity is not an educational school.

B. The council shall refuse to certify school names and terms that have the potential to mislead the general public about the school's affiliation or association with any state-supported institution of higher education. Terms that may not be used by private institutions of higher education include "public university," "public college," or "community college".

History

  • Statutory Authority: § 23.1-225 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-30 Advertisements, announcements, and other promotional materials

A. A school certified to operate by the council in accordance with this chapter shall include in any print and electronic catalogs (i) a clear statement that the council has certified the school to operate in Virginia and (ii) complete addresses of all sites within Virginia.

B. A school certified to operate by council in accordance with this chapter shall include in all publicity, advertisement, and promotional materials distributed to current or prospective students (i) a clear statement that the council has certified the school to operate in Virginia, (ii) the school's complete name as indicated on the certificate to operate, and (iii) the address of at least one site located in Virginia.

C. A school with its main campus not located in Virginia that has a physical presence in Virginia shall comply with the requirements of § 23.1-219 E of the Code of Virginia.

D. No advertisement, announcement, or any other material produced by or on behalf of a postsecondary school shall in any way indicate that the school is supervised, recommended, endorsed, or accredited by the Commonwealth of Virginia, by the State Council of Higher Education for Virginia, or by any other state agency in Virginia.

History

  • Statutory Authority: § 23.1-219 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 41, Issue 25, eff. September 11, 2025.

Part II Exemptions

8VAC40-31-40 State-supported institutions

This chapter shall not apply to any public institution of higher education as that term is defined in § 23.1-100 of the Code of Virginia or any entity authorized to issue bonds pursuant to Chapter 11 (§ 23.1-1100 et seq.) of Title 23.1 of the Code of Virginia, including branches, divisions, or colleges or to any state-supported institution of higher education that may be established by the Commonwealth of Virginia in the future.

History

  • Statutory Authority: § 23.1-226 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-50 Religious institutions

A. The council shall exempt from the provisions of Article 3 (§ 23.1-213 et seq.) of Chapter 2 of Title 23.1 of the Code of Virginia any school whose primary purpose is to provide religious training or theological education, provided that the school:

  1. Awards only degrees, diplomas, or certificates that (i) carry titles that indicate the school's primary purpose plainly upon their face and (ii) state that the school is excluded from the requirement of state certification; and

  2. States plainly in its catalogs and other publications that (i) the school's primary purpose is to provide religious training or theological education; (ii) the school's degrees, diplomas, or certificates are so titled and worded; and (iii) the school is exempt from the requirement of state certification.

B. The title of each degree, diploma, or certificate awarded by a school that claims an exemption under the provisions of this section must reflect that the school's primary purpose is religious education.

  1. The titles of religious degrees that may be awarded include (i) Bachelor of Education in a specific religion, (ii) Master of Divinity, and (iii) Doctor of Sacred Theology.

  2. Secular degrees may not be awarded in any discipline, including religion, religious education, and biblical studies. Titles of secular degrees that may not be awarded include (i) Associate of Arts, (ii) Associate of Science, (iii) Associate of Applied Science, (iv) Associate of Occupational Science, (v) Bachelor of Arts, (vi) Bachelor of Science, (vii) Master of Arts, (viii) Master of Science, (ix) Doctor of Philosophy, and (x) Doctor of Education.

C. Exemptions granted after July 1, 2002, will be for a maximum of five years. A school wishing to maintain an exempt status must reapply to council at least six months prior to the expiration of the exemption period.

D. Each school requesting religious exemption must apply on forms provided by and in a manner prescribed by the council.

E. A school whose claim for exemption under subsections A and B of this section is denied by the council shall have the right to appeal the council's decision pursuant to Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia.

History

  • Statutory Authority: § 23.1-226 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-60 Schools, programs, degrees, diplomas, and certificates exempt from council action

A. The following activities or programs offered by postsecondary schools and that are otherwise subject to this chapter shall be exempt from its provisions so long as no degree credit is awarded:

  1. Any school subject to exemption pursuant to § 23.1-226 B of the Code of Virginia.

  2. Any school subject to the provisions of Chapter 16 (§ 22.1-319 et seq.) of Title 22.1 of the Code of Virginia.

  3. Any course or program of study conducted on a not-for-profit basis by firms or organizations for the training of their own employees, provided that such instruction is offered at no charge to such employees and with no advertising for open enrollment.

  4. Schools of fine arts or other avocational courses that are conducted solely to further artistic appreciation, talent, or for personal development or information and programs that prepare individuals to teach such pursuits.

B. Notwithstanding the provisions of this section, if a school offers any nonexempt programs, the school as a whole, including all of its programs, is subject to the provisions of certification.

C. Notwithstanding the exemptions provided in this section, a school that is otherwise entitled to exemption may voluntarily seek certification for an otherwise exempt activity or program.

D. A school whose claim for exemption under subsection A of this section is denied by the council shall have right to appeal the council's decision pursuant to Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia.

History

  • Statutory Authority: § 23.1-226 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-70 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; repealed, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.

Part III Role of the Council and Staff

8VAC40-31-80 Role of the council

A. The council establishes fees for services and the methods for collecting such fees pursuant to the authority granted by § 23.1-224 of the Code of Virginia.

B. The council delegates authority for administering the requirements of Article 3 (§ 23.1-213 et seq.) of Chapter 2 of Title 23.1 of the Code of Virginia to the executive director or the executive director's delegate pursuant to § 23.1-215 E of the Code of Virginia, unless otherwise indicated.

C. The council adopts certification criteria for the operation of postsecondary schools in Virginia in accordance with the requirements of § 23.1-215 B of the Code of Virginia.

D. Only the council may refuse to grant or revoke certification. In these instances, the council will be responsible for ensuring due process and compliance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

  • Statutory Authority: §§ 23.1-215 and 23.1-224 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-90 Role of the executive director

In addition to other administrative responsibilities vested in the executive director by the council, the executive director shall carry out the following administrative responsibilities relative to this chapter:

  1. Authorize certification to operate for postsecondary schools that meet the certification criteria.

  2. Authorize the use of the term "college" or "university" in a school's name.

  3. Authorize religious exemptions.

  4. Authorize emergency action pursuant to § 23.1-222 of the Code of Virginia.

  5. Authorize the release of a surety instrument requirement.

History

  • Statutory Authority: § 23.1-215 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-100 Role of the council staff

A. The council staff shall:

  1. Provide oversight and administration for purposes of compliance with Article 3 (§ 23.1-213 et seq.) of Chapter 2 of Title 23.1 of the Code of Virginia.

  2. Review initial and annual certification requirements for all schools.

  3. Perform random and periodic school visits to review, inspect, and investigate school compliance.

  4. Investigate as necessary all noncertified postsecondary school activities operating in the Commonwealth.

  5. Monitor the accreditation activities of all unaccredited postsecondary schools operating in the Commonwealth.

  6. Investigate all written and signed complaints or adverse publicity or any situation that may adversely affect students or consumers.

  7. Share with state or federal agencies and appropriate accrediting bodies information regarding the operation or closure of postsecondary schools operating in Virginia.

B. The executive director may delegate other responsibilities as deemed appropriate.

History

  • Statutory Authority: § 23.1-215 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 41, Issue 25, eff. September 11, 2025.

Part IV Schools for which Certification is Required

8VAC40-31-110 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; repealed, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-120 Certification required for new and existing postsecondary schools

A. Existing postsecondary schools must recertify compliance with certification criteria on an annual basis in order to continue offering postsecondary courses and programs.

B. Postsecondary schools operating multiple sites in Virginia must certify each separately.

C. Noncertified postsecondary schools that seek to establish a postsecondary education consortium, agreement, partnership, or other similar arrangement with an existing certified postsecondary school must become certified to operate prior to engaging in postsecondary education activities within the Commonwealth.

History

  • Statutory Authority: § 23.1-215 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-125 Certification required for schools offering distance learning in Virginia

A. Any degree-granting postsecondary school providing distance learning to residents of the Commonwealth from a location outside of the Commonwealth shall be certified to operate in the Commonwealth or shall be a participant in a reciprocity agreement to which the Commonwealth belongs, in accordance with council's authority pursuant to § 23.1-211 of the Code of Virginia, for the purpose of consumer protection.

B. Any degree-granting postsecondary institution seeking initial or renewal authorization to offer distance education programs or courses to residents of the Commonwealth from a location outside of the Commonwealth that is not a participant in a reciprocity agreement to which the Commonwealth belongs must demonstrate that it meets the following eligibility criteria:

  1. The institution is properly authorized to operate by and in good standing with the appropriate entity in the state where the institution has legal domicile.

  2. The institution is a United States degree-granting institution that is accredited by an accrediting agency recognized by the U.S. Department of Education with a scope of authority, as specified by the U.S. Department of Education, that includes distance education.

  3. The institution is in good standing, including having no current or pending show cause or probation actions against it.

  4. The institution demonstrates minimum financial stability to qualify for certification defined as a federal Financial Responsibility Composite Score of 1.5 or better.

C. An institution certified pursuant to this section shall provide proof of the following disclosures to Virginia residents:

  1. A notification that the school is certified to operate by council.

  2. A notification outlining the procedures a student may follow to file a complaint against the school. The disclosure must include a statement that if the complaint is not resolved to the student's satisfaction, the student may contact the council as a last resort. The school must provide contact information for council and must ensure that the student will not be retaliated against for filing a complaint.

  3. A notification stating that the transferability of credits earned at the school is at the sole discretion of the receiving institution.

  4. For institutions offering programs or courses leading to or advertised as leading to professional licensure, a notification regarding whether completion of the program is sufficient to meet licensure requirements in Virginia. If the institution is unable to determine whether a program will meet the professional licensure requirements in Virginia, the notification shall state that the program does not satisfy Virginia licensure requirements.

D. An institution certified pursuant to this section shall pay a nonrefundable initial and renewal authorization fee as provided in 8VAC40-31-260.

E. An institution certified pursuant to this section shall immediately inform the council and current enrolled students who are residents of the Commonwealth of any adverse action by the U.S. Department of Education or by its accrediting agency that threatens a disruption of the operation of the institution or exposes students to a loss of course or degree credit or financial loss.

F. The certificate of authorization for an institution certified pursuant to this section shall expire on the stated expiration date. Applications for annual renewals must be submitted to council at least 90 days prior to the expiration date of the current authorization.

G. In the case of an institution that has enrolled students who are residents of the Commonwealth prior to July 1, 2022, the institution may instruct only such students through the completion of the program without being certified to operate in the Commonwealth or being a participant in a reciprocity agreement to which the Commonwealth belongs.

History

  • Statutory Authority: § 23.1-215 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 39, Issue 6, eff. December 7, 2022; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.

Part V Certification Criteria

8VAC40-31-130 Application of certification criteria

A. Council staff shall conduct an initial site visit prior to certification.

B. An initial certification applicant may be granted provisional certification for a period not to exceed one year, during which time the institution shall meet all conditions established by council for provisional certification. During the period of provisional certification, the school:

  1. May recruit and register students, but may not collect more than an initial nonrefundable fee of $100 from each student; and

  2. May not offer postsecondary instruction or confer certificates, diplomas, or degrees.

History

  • Statutory Authority: § 23.1-215 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-140 Certification criteria for institutions of higher education

A. In order to award a degree, the institution's programs must meet the following generally accepted minimum number of semester or quarter credit hours required to complete a standard college degree.

  1. An associate degree shall be granted only after the successful completion of at least 60 semester hour or 90 quarter credit hours of collegiate level study.

  2. A bachelor's degree shall be granted only after the successful completion of at least 120 semester hours or 180 quarter credit hours of collegiate level study.

  3. A master's degree shall be granted only after the successful completion of the requirements for a bachelor's degree and at least 30 semester hours or 45 quarter credit hours of collegiate level study.

  4. The doctoral degree shall be granted only after the successful completion of a minimum of three years of full-time graduate study or equivalent (90 semester hours or 135 quarter credit hours) beyond the bachelor's degree, including dissertation credits or research study.

  5. A student shall complete a minimum of 25% of course work at the institution in order to be granted a degree from that institution.

  6. An institution that awards life or work experience credit shall have its related transfer policy approved by council staff. No more than 25% of the credit in a student's degree program may be awarded for life or work experience.

  7. Exceptions to these standards must be approved by council staff. Proposed programs will be evaluated by the standards of similar programs in public or private postsecondary institutions.

B. The course, program, curriculum, and instruction must be of quality, content, and length to adequately achieve the stated objective.

  1. For terminal occupational or technical programs leading to the Associate of Occupational Science (A.O.S.) degree, general education courses must compose at least 15% of the total credit hours required for the degree.

  2. For terminal occupational or technical programs leading to the Associate of Applied Science (A.A.S.) degree, general education courses shall compose at least 25% of the total credit hours required for the degree.

  3. For all university parallel associate degree programs, general education courses shall compose at least 25% of the total credit hours required for the degree, and required courses in the major field of study shall compose no more than 50% of the total credit hours required for the degree in a specific discipline.

C. Faculty must be qualified and appropriately credentialed as follows:

  1. All instructional faculty in a program at the associate level shall:

a. If teaching general education courses or in programs in the liberal arts and sciences, hold a baccalaureate degree from an accredited college or university, plus at least 18 graduate credit hours in the discipline being taught.

b. If teaching occupational or technical courses, hold a baccalaureate degree from an accredited college or university in the discipline being taught or qualify by virtue of professional or scholarly achievement.

  1. All instructional faculty members who teach in programs at the baccalaureate level shall hold a master's degree in the discipline being taught or hold a master's degree in an area other than that being taught with at least 18 graduate semester hours in the teaching discipline from an accredited college or university.

  2. All instructional faculty teaching in a program at the master's level or higher shall hold a doctoral or other terminal degree in the discipline being taught from an accredited college or university.

  3. Exception to academic preparation requirements for instructional faculty may be made in instances where substantial documentation of professional and scholarly achievements or demonstrated competences in the discipline can be shown. The institution must document and justify any such exception.

D. In addition to the instructor qualifications in subsection C of this section, the institution must certify that:

  1. All instructional courses for degree credit require a minimum of 15 contact hours for each semester credit hour or a minimum of 10 contact hours for each quarter credit hour, or the equivalent.

  2. The elective and required courses for each program are offered on a schedule and in a sequence that enables students to complete the program in a reasonable period of time.

  3. The institution's academic programs shall ensure that: (i) a qualified academic advisor is available to meet the concerns of the student and that a student contact by any method will elicit a response from the advisor within a reasonable timeline; (ii) continual curriculum development and oversight for each major and concentration or track is maintained; and (iii) a program director is named and designated to oversee each program area.

  4. A plan is in place that ensures interaction between student and faculty and among students.

E. All senior administrators must be individually qualified by education, experience, and record of conduct to ensure effective management, ethical practice, and the quality of degrees and services offered. Boards must collectively demonstrate financial, academic, managerial, and any necessary specialized knowledge, but individual members need not have all of these characteristics.

  1. Each site of the institution certified to operate in Virginia must designate one person as the site director. The director must hold a baccalaureate degree from an accredited college or university with at least one year of experience in administration or institutional management.

  2. Senior administrators in the positions described in this section must be of good reputation and character. A person is considered of good reputation and character if:

a. The person has no felony convictions related to the operation of a school;

b. The person has not been convicted or pleaded guilty to a crime of fraud or theft under state or federal law within the previous 10 years and has not had a judgment entered against the person in the person's individual capacity in a civil action based upon any theory of fraudulent activity within the previous 10 years;

c. The person has not controlled or managed a postsecondary educational institution that has ceased operation during the past five years without providing for the completion of programs by its students or without providing tuition refunds; and

d. The person has not knowingly falsified or withheld information from the council.

  1. Administrative personnel must be appropriately experienced and educated in the field for which they are hired. Administrative personnel generally encompasses individuals who oversee areas as outlined in operational and administrative standards. This includes, by function, titles of financial aid administrator, director of admissions, director of education, director of student services (including counseling and placement), and the registrar.

History

  • Statutory Authority: § 23.1-215 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-150 Certification criteria for non-college degree schools

A. The course, program, curriculum, and instruction must be of quality, content, and length to adequately achieve the stated objective.

B. Faculty, if teaching technical courses for non-college degree programs not leading to a degree and not offered as degree credit, must either (i) hold an associate degree from an accredited college or university in the discipline being taught or (ii) possess a minimum of two years of technical or occupational experience in the area of teaching responsibility or a related area. The instructor must hold the appropriate certificate or license in the field if certification or licensure is required to work in the field.

C. In addition to the instructor qualifications in subsection B of this section, the non-college degree school must certify that:

  1. Courses of study conform to standards of training for the occupational fields in which such standards have been established or conform to recognized training practices in those fields.

  2. A plan is in place that ensures interaction between student and faculty, and among students.

D. Administrators must demonstrate qualifications for the administrator's particular responsibilities through educational background and relevant work experience. Owners and administrators must be of good reputation and character. A person is considered of good reputation and character if:

  1. The person has no felony convictions related to the operation of a school;

  2. The person has not been convicted or pleaded guilty to a crime of fraud or theft under state or federal law within the previous 10 years and has not had a judgment entered against him in his individual capacity in a civil action based upon any theory of fraudulent activity within the previous 10 years;

  3. The person has not controlled or managed a postsecondary educational institution that has ceased operation during the past five years without providing for the completion of programs by its students or without providing refunds; and

  4. The person has not knowingly falsified or withheld information from the council.

History

  • Statutory Authority: § 23.1-215 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-160 Certification criteria for all postsecondary schools

A. With regard to postsecondary schools that are accredited by an accrediting agency recognized by the U.S. Department of Education, the council may apply a presumption of compliance with criteria in this section if the school has complied with an accreditation standard directed to the same subject matter as the criteria. The council need not apply this presumption if the accreditation standard is deficient in satisfying an identifiable goal of the council. The council shall articulate reasons that the accreditation standard is deficient.

B. The postsecondary school shall have a clear, accurate, and comprehensive written statement, which shall be available to the public upon request. The statement shall include, at a minimum, the following items:

  1. The history and development of the postsecondary school;

  2. An identification of any persons, entities, or institutions that have a controlling ownership or interest in the postsecondary school;

  3. The mission of the postsecondary school;

  4. A description of the postsecondary school's distance education activities, if applicable;

  5. A list of all locations at which the postsecondary school offers programs in Virginia;

  6. For each Virginia location, and for the most recent academic year, the total number of students who were enrolled as well as the total number and percentage of students who were enrolled in each program offered;

  7. For each Virginia location, the total number of students who completed or graduated from the school as of the end of the last academic year and the total number and percentage of students who completed or graduated from each program offered by the school as of the end of the last academic year; and

  8. For unaccredited institutions of higher education and non-college degree schools only, the total number of students who report employment in the field of study within (i) six months of completion or graduation and (ii) one year of completion or graduation.

C. The postsecondary school shall have a policy document defining the minimum requirements for admission to the school and admission into each degree level offered and for acceptance into programs with additional admission requirements. The document shall explain:

  1. The standards for academic credit or course completion given for experience; and

  2. The criteria for acceptance of transfer credit where applicable.

D. The postsecondary school shall maintain records on all enrolled students. At a minimum, these records shall include:

  1. Each student's application for admission and admissions records containing information regarding the educational qualifications of each regular student admitted that are relevant to the postsecondary school's admissions standards. Admissions records must be maintained by the school, its successors, or its assigns for a minimum of three years after the student's last date of attendance.

  2. An original agreement titled "Student Enrollment Agreement" signed by the student and an authorized representative of the school. The use of electronic signatures is permissible so long as the use complies with § 59.1-483 of the Code of Virginia. A copy of the completed enrollment agreement shall be given to the student upon execution.

a. At the time of enrollment, the agreement shall contain, at a minimum:

(1) Student name, address, and telephone number;

(2) Institution name, address, and telephone number;

(3) Name of the educational program, start date, and the total number of credit hours or clock hours to complete the program of study and type of credential awarded upon completion;

(4) Estimated cost of all institutional charges and fees, including tuition, fees, equipment charges, supplies, textbooks, and uniforms;

(5) The institution's refund policy, which must be in compliance with subsection K of this section;

(6) A labeled section titled "STUDENT'S RIGHT TO CANCEL" that shall provide the terms for cancellation. Specifically:

(a) The school shall provide a period of at least three business days by which the student applicant must cancel in order to receive refund of all money paid minus a nonrefundable fee not to exceed $100. The actual date by which the student applicant must cancel shall be specified in the agreement.

(b) The school shall disclose that following the cancellation period, a student applicant may cancel the enrollment agreement by written notice at any time prior to the first class day of the session for which application was made. When cancellation is requested under these circumstances, the school will refund all tuition paid by the student minus a maximum tuition fee of 15% of the stated costs of the course or program or $100, whichever is less;

(7) A notice stating that the transferability of credit and credentials earned is at the sole discretion of the receiving institution;

(8) For enrollees in programs leading to professional licensure, the school shall disclose annual pass rates for first-time test takers for the last three years, if applicable. If results are not available, the school must provide a written explanation;

(9) A statement informing students of the institution's grievance policy;

(10) A statement informing students that the institution is certified to operate by the council and providing full contact information for the council;

(11) A statement that reads: "By signing below, I certify that I have been provided access to the institution's electronic or print catalog, bulletin, or brochure.";

(12) A statement that reads: "I understand that this is a legally binding agreement. My signature below certifies that I have read, understood, and agreed with my rights and responsibilities. Further, I certify that I understand the institution's cancellation and refund policies and I understand and agree to these policies."; and

(13) Following the statement in subdivision 2 a (12) of this subsection, the document provides places for signatures of the student and authorized representative of the school and date the document was signed.

b. A new enrollment agreement must be completed in the event that the student (i) delays the student's start date, (ii) changes the program of enrollment, or (iii) drops from the program and reenrolls at a later date.

c. No postsecondary school shall condition the enrollment of a student on:

(1) Entering into an agreement that requires the student to arbitrate any dispute between the student and the school, regardless of whether the agreement permits the student to opt out of the requirement to arbitrate any such dispute in the future; or

(2) Entering into an agreement that requires the student to resolve a dispute on an individual basis and waive the right to class or group actions.

  1. A transcript of the student's academic or course work at the school, which shall be retained permanently in either hard copy forms or in an electronic database with backup by the school, its successors, or its assigns.

  2. A record of all financial transactions between each individual student and the school including payments from the student, payments from other sources on the student's behalf, and refunds. Fiscal records must be maintained for a minimum of three years after the student's last date of attendance. When tuition and fees are paid by the student in installments, a clear disclosure of truth-in-lending statement must be provided to and signed by the student.

  3. The school shall make the documents referenced in subdivisions 1 through 4 of this subsection available to the student upon request. Academic transcripts shall be provided upon request if the student is in good financial standing.

E. Each school shall provide or make available to students, prospective students, and other interested persons a catalog, bulletin, brochure, or electronic media containing, at a minimum, the following information:

  1. A description of any scholarships or grants offered by the school and a description of federal financial aid available to students, if applicable. The school shall disclose the standards of academic progress required for continued participation in the financial aid programs.

  2. A description, including of each program offered, program objectives, number of hours or credits required for program completion, course descriptions, the number of hours or credits of instruction for each course, and the type of credential awarded.

  3. A statement of tuition and fees and other charges related to enrollment, such as deposits, fees, books and supplies, tools and equipment, and any other charges for which a student may be responsible. These charges are to be applied uniformly to all similarly circumstanced students.

  4. The school's refund policy for tuition and fees pursuant to subsection K of this section.

  5. The school's procedures for handling complaints, including procedures to ensure that no student will be subject to unfair actions as a result of the student's initiation of a complaint proceeding. The policy shall include a statement that students may contact council staff as a last resort in the complaint process.

  6. The name and address of the school's accrediting body, if applicable.

  7. The minimum requirements for satisfactory completion of each degree level and degree program, or nondegree certificates or diplomas.

  8. If the institution offers programs leading to the Associate of Applied Science or Associate of Occupational Science degree, a statement that these programs are terminal occupational or technical programs and that credits generally earned in these programs are not applicable to other degrees.

  9. The academic calendar for the period covered by the publication.

  10. A statement that accurately details the type and amount of career advising and placement services offered by the school.

  11. The name, location, and address of all sites operating in Virginia.

  12. A statement regarding student rights and responsibilities.

F. The school must have a clearly defined process by which the curriculum is established, reviewed, and evaluated. Evaluation of school effectiveness must be completed on a regular basis and must include:

  1. An explanation of the process for evaluating each program once initiated and an explanation of the procedures for assessing the extent to which the educational goals are being achieved.

  2. Documented use of the results of these evaluations to improve the degree and non-college degree programs offered by the school.

G. Pursuant to § 23.1-215 of the Code of Virginia, the school must maintain records that demonstrate that the school is financially sound and can fulfill its commitments for education or training.

  1. Certified schools shall provide the results of an annual audited, reviewed, or compiled financial statement. Non-college degree schools may elect to provide financial information on forms provided by council staff. The financial report shall be prepared in accordance with generally accepted accounting principles (GAAP) currently in effect. The financial report shall cover the most recent annual accounting period.

  2. The indicator that will be used to assess financial stability is the U.S. Department of Education (USED) composite score, which has a range of -1.0 to 3.0. Schools with a score of 1.5 to 3.0 fully meet the stability requirement in subsection H of this section; scores between 1.0 and 1.4 meet the minimum expectations; and scores less than 1.0 do not meet the requirement and shall be immediately considered for audit.

H. Certified schools shall have and maintain a surety instrument issued by a surety company or banking institution authorized to transact business in Virginia that is adequate to provide refunds to students for the unearned non-Title IV portion of tuition and fees for any given semester, quarter, or term and to cover the administrative cost associated with the instrument claim. The instrument shall be based on the non-Title IV funds that have been received from students or agencies for which the education has not yet been delivered. This figure shall be indicated in an audited financial statement as a Current (non-Title IV) Tuition Liability. A school certified under this chapter shall be exempt from the surety instrument requirement if it can demonstrate a USED composite financial responsibility score of 1.5 or greater on its current financial statement or if it can demonstrate a composite score between 1.0 and 1.4 on its current financial statement and has scored at least 1.5 on a financial statement in either of the prior two years. The school's eligibility for the surety waiver shall be determined annually at the time of recertification.

  1. Public postsecondary schools originating in a state other than Virginia that are operating a site in the Commonwealth are exempt from the surety bond requirement.

  2. New schools and unaccredited existing schools must complete at least five calendar years of academic instruction or certification to qualify for the surety waiver or exemption.

  3. Existing schools seeking a waiver of the surety instrument requirement must submit an audited financial statement for the most recent fiscal year end that reflects the appropriate composite score as indicated in this subsection.

I. All programs offered via distance education must be comparable in content, faculty, and resources to those offered in residence and must include regular student-faculty interaction by appropriate means. Distance education programs and courses shall adhere to the following minimum standards:

  1. The educational objectives for each program or course shall be clearly defined, simply stated, and of such a nature that they can be achieved through distance education.

  2. Instructional materials and technology methods must be appropriate to meet the stated objectives of the program or course. The school must consider and implement basic online navigation of any course or program, an information exchange privacy and safety policy, a notice of minimum technology specification for students and faculty, proper system monitoring, and technology infrastructure capabilities sufficient to meet the demands of the programs being offered.

  3. The school shall provide faculty and student training and support services specifically related to distance education activities.

  4. The school shall provide for methods for timely interaction between students and faculty.

  5. The school shall develop standards that ensure that accepted students have sufficient background, knowledge, and technical skills to successfully undertake a distance education program.

J. The school shall maintain and ensure that students have access to a library with a collection, staff, services, equipment, and facilities that are adequate and appropriate for the purpose and enrollment of the school.

K. Certified schools shall establish a tuition refund policy and communicate it to students.

  1. All fees and payments, with the exception of the nonrefundable fee described in subdivision 2 of this subsection, remitted to the school by a prospective student shall be refunded if the student is not admitted, does not enroll in the school, does not begin the program or course, withdraws prior to the start of the program, or is dismissed prior to the start of the program.

  2. A school may require the payment of a reasonable nonrefundable initial fee, not to exceed $100, to cover expenses in connection with processing a student's enrollment, provided the school retains a signed statement in which the parties acknowledge understanding that the fee is nonrefundable. No other nonrefundable fees shall be allowed prior to enrollment.

  3. The school shall provide a period of at least three business days during which a student applicant may cancel enrollment without financial obligation other than the nonrefundable fee described in subdivision 2 of this subsection.

  4. Following the period described in subdivision 3 of this subsection, a student applicant may cancel enrollment, by written notice, at any time prior to the first class day of the session for which application was made. When notification of cancellation is provided under these circumstances, the school shall refund all tuition paid by the student, less a maximum tuition fee of 15% of the stated costs of the course or program or $100, whichever is less. A student applicant will be considered a student as of the first day of classes.

  5. The date that the institution determined that the student withdrew shall be no later than 14 calendar days after the student's last date of attendance, unless the student is on an approved leave of absence. The end of the 14-calendar-day period begins the timeframe for calculating a refund. In the event that a student submits a written notice withdrawing from the school, the date of the written notice shall be used to calculate the refund. The school shall provide refunds to individuals who have terminated status as students within 45 days after receipt of a written request or the date the student last attended classes, whichever is sooner.

  6. A leave of absence is an approved leave of absence if:

a. The school has a formal, published policy regarding leaves of absence;

b. The student followed the institution's policy in requesting the leave of absence;

c. The school approved the student's request in accordance with the published policy;

d. The school imposes no additional charges to the student as a result of the leave of absence;

e. The leave of absence does not exceed 180 days in any 12-month period; and

f. Upon the student's return from the leave of absence, the student is permitted to complete the coursework begun prior to the leave of absence.

  1. If a student does not resume attendance at the institution on or before the end of an approved leave of absence, the institution must treat the student as a withdrawal, and the date that the leave of absence was approved should be considered the last date of attendance for refund purposes.

  2. The minimum refund policy for a school that financially obligates the student for a quarter, semester, trimester, or other period not exceeding 4-1/2 calendar months shall be as follows:

a. For schools that utilize an add/drop period, a student who withdraws during the add/drop period shall be entitled to 100% refund for the period.

b. For unaccredited schools and schools that do not utilize an add/drop period:

(1) A student who enters school but withdraws during the first 25% of the period is entitled to receive as a refund a minimum of 50% of the stated cost of the course or program for the period.

(2) A student who enters a school but withdraws after completing 25%, but less than 50% of the period is entitled to receive as a refund a minimum of 25% of the stated cost of the course or program for the period.

(3) A student who withdraws after completing 50% or more of the period is not entitled to a refund.

  1. The minimum refund policy for a school that financially obligates the student for the entire amount of tuition and fees for the entirety of a program or course shall be as follows:

a. A student who enters the school but withdraws or is terminated during the first quartile (25%) of the program shall be entitled to a minimum refund amounting to 75% of the cost of the program.

b. A student who withdraws or is terminated during the second quartile (more than 25% but less than 50%) of the program shall be entitled to a minimum refund amounting to 50% of the cost of the program.

c. A student who withdraws or is terminated during the third quartile (more than 50% but less than 75%) of the program shall be entitled to a minimum refund amounting to 25% of the cost of the program.

d. A student who withdraws after completing more than three quartiles (75%) of the program shall not be entitled to a refund.

  1. Expenses incurred by students for instructional supplies, tools, activities, library, rentals, service charges, deposits, and all other charges are not required to be considered in tuition refund computations when these expenses have been represented separately to the student in the enrollment contract and catalog prior to enrollment in the course or program.

L. The school shall keep relevant academic transcripts for all teaching faculty to document that each has the appropriate educational credentials in the area of teaching responsibility. In the event teaching qualification is based on professional competencies or scholarly achievements, relevant documentation to support reported experience must be retained by the school.

M. If an internship, externship, or production work is necessary as a part of the school's education program, the school must adhere to the following:

  1. When programs contain internships or externships in any form, the professional training must:

a. Be identified as part of the approved curriculum of the school and be specified in terms of expected learning outcomes in a written training plan.

b. Be monitored by an instructor of record during the entire period of the internship.

c. Not be used to provide labor or as replacement for a permanent employee.

d. Be performed according to a specified schedule of time required for training, including an expected completion date.

e. If the internship, externship, or production work is part of the course requirement, the student may not be considered as a graduate or issued a graduation credential until the internship, externship, or production work has been satisfactorily completed.

  1. When receiving compensation for services provided by students as part of the education program, the school must clearly inform customers that services are performed by students by (i) posting a notice in plain view of the public or (ii) requiring students to wear nametags that identify them as students while performing services related to their training.

N. An institution shall seek approval from council staff before:

  1. Adding new programs or modifying existing programs.

  2. Opening a new site or instructional location.

  3. Changing the address of a site or instructional location in Virginia.

O. An institution shall notify the council of the following occurrences no later than 30 days following said occurrence.

  1. Naming of new school president.

  2. Naming of new site director.

  3. Naming of person responsible for the regulatory oversight of the institution.

History

  • Statutory Authority: § 23.1-215 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 32, Issue 17, eff. June 3, 2016; Volume 37, Issue 1, eff. September 30, 2020; Volume 38, Issue 11, eff. February 18, 2022; Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-165 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 30, Issue 8, eff. February 3, 2014; repealed, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.

Part VI Certification Requirements

8VAC40-31-170 Initial certification, recertification, and change of ownership

A. No institution shall use the term "college" or "university" or words of similar meaning until the institution has received approval from council staff.

  1. The council may refuse to approve a name change when, in the council's judgment, the proposed name is likely to mislead the public about the school's identity or the nature of the school's programs.

  2. A school seeking certification must receive approval from the council of the school's proposed name prior to filing such name with the Virginia State Corporation Commission.

  3. Prior to receiving certification to operate, a copy of the school's certificate from the Virginia State Corporation Commission authorizing the school to transact business in the Commonwealth under the acknowledged name must be submitted to council staff.

B. An out-of-state postsecondary school seeking certification to operate in the Commonwealth must secure written documentation from the higher education coordinating or approving agency in the state in which the school is formed, chartered, established, or incorporated indicating that the school is operating in good standing.

C. A school submitting an initial application for certification will have 180 days to complete the application process, after which time the application will be withdrawn by the council and the school will receive a refund of the application fee minus a nonrefundable administrative fee as listed in 8VAC40-31-260 D.

D. All certifications shall expire on the certificate expiration date. Applications for recertification must be submitted to council staff at least 60 days prior to the expiration date of the current certification. If a school allows its certification to operate to expire, the school shall not be eligible for recertification and must submit an application for initial certification, including the appropriate application fee.

E. Certification is not transferable. In the event of a change of ownership of a certified school, the new owner or governing body must secure certification. The school must apply for certification within 60 business days following a change of ownership. During the 60-day period and the time required for the council staff to process the new application, the old certification shall remain in effect.

  1. The following constitutes a change of ownership:

a. Purchase of the entire school or assets of school.

b. Transfer, sale, or purchase of stock, membership, or other direct or beneficial ownership interest by a single entity or by multiple entities in a single transaction or a series of transactions that results in at least 51% change in control.

  1. The acquisition of an interest in a certified school by bequest, descent, survivorship, or operation of law does not constitute a change of ownership. However, the person acquiring the ownership interest shall send written notice to the council of such acquisition within 30 days of the school's closing or validation. The council may determine on a case-by-case basis that other similar transfers may not constitute a change of ownership.

  2. New school owners are responsible for respecting all legal obligations incurred by the school under the prior owners under 8VAC40-31-170, including preservation of student records, resolution of student complaints, and enrollment or other financial agreements.

F. Council staff will process all applications, conduct the site visit, and provide notice to applicants within 60 days of receipt of a completed application package. Approval of the certificate to operate by the council is subject to scheduling of council meetings and other factors affecting the agendas of council meetings.

G. Valid-through dates of certificates to operate and due dates of recertification applications are as follows:

  1. Out-of-state private degree-granting and non-college degree school certificates are valid for one year beginning on September 1 of the calendar year and ending on August 31 of the following calendar year. Applications are due not later than July 2.

  2. Out-of-state public institution certificates are valid for one year beginning on September 15 of the calendar year and ending on September 14 of the following calendar year. Applications are due not later than July 16.

  3. In-state private nonprofit institution certificates are valid for one year beginning on October 1 of the calendar year and ending on September 30 of the following calendar year. Applications are due not later than August 2.

  4. In-state proprietary degree-granting and non-college degree school certificates are valid for one year beginning on October 15 of the calendar year and ending on October 14 of the following calendar year. Applications are due not later than August 16.

  5. In-state non-college degree school certificates (letters A through D) are valid for one year beginning on November 1 of the calendar year and ending on October 31 of the following calendar year. Applications are due not later than September 2.

  6. In-state non-college degree school certificates (letters E through P) are valid for one year beginning on November 15 of the calendar year and ending on November 14 of the following calendar year. Applications are due not later than September 16.

  7. In-state non-college degree school certificates (letters Q through Z and others) are valid for one year beginning on December 1 of the calendar year and ending on November 30 of the following calendar year. Applications are due not later than October 2.

History

  • Statutory Authority: §§ 23.1-217 and 23.1-225 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 32, Issue 17, eff. June 3, 2016; Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-180 Application requirements

A. To apply for certification, the following information must be submitted:

  1. A completed certification application package provided by council staff.

  2. A statement regarding the school's accreditation status, if applicable.

a. Out-of-state institutions of higher education must be accredited by an accrediting organization recognized by the U.S. Department of Education (USED) and must include documentation of any adverse action by USED, an accrediting body, or state regulatory authority within the past five years.

b. Unaccredited in-state institutions of higher education must submit a plan of action for securing accreditation from an organization recognized by the USED. In order to remain eligible for certification, the postsecondary school must secure candidacy status or equivalent within three years of the school's initial date of certification and initial accreditation no later than six years after initial certification. Changes to the plan of action timeframe for accreditation will be granted only at the discretion of the council.

d. Unaccredited in-state institutions of higher education that undergo a change of ownership during the time period covered by the plan of action for securing accreditation will remain on the plan of action timeframe established by the former ownership.

  1. A transacted surety instrument form, with the State Council of Higher Education for Virginia named as the obligee.

  2. A three-year projected budget that indicates that the school is capable of maintaining operational continuity for up to three years. The budget should demonstrate:

a. That the individual, partnership, or corporation that owns the school is solvent and has the financial capacity to support the operation; and

b. A positive net worth accompanied by a reasonable debt-to-equity ratio.

  1. A copy of the school's certificate, if incorporated, from the Virginia State Corporation Commission providing authorization to transact business within the Commonwealth.

  2. For schools whose main campus is not in Virginia, a copy of the school's authorization to operate from the state agency in which the school's main campus is domiciled. No institution found to be operating illegally in another state shall be certified to operate in Virginia.

  3. A complete listing of all sites, along with addresses, telephone numbers (if applicable), and programs offered at the site.

  4. For new postsecondary school applicants, a signed and notarized statement provided by the president or CEO that attests to any previous involvement in the operation of a postsecondary school or any previous involvement by any administrator, owner, controlling shareholder, or member of the school's governing board in the operation of a postsecondary school.

  5. A complete list of all diploma, certificate, or degree program offerings.

a. Schools must include estimated annual enrollment projections and number of students per program;

b. Schools that are renewing certificates to operate shall include from the previous year the following information:

(1) The number of degrees, certificates, or diplomas conferred for each program offered by the school at the school's Virginia site.

(2) The number of students enrolled at the school's Virginia site; and

c. Unaccredited institutions of higher education and non-degree schools shall include, from follow-up surveys of graduates, the number of students reporting placement in jobs relating to their field of study within six months and one year of graduation.

B. Any proprietary postsecondary school must provide evidence of a valid business license from the locality within which the school seeks to operate.

C. All postsecondary schools seeking certification to operate in Virginia must undergo and successfully complete a site visit prior to the issuance of the certificate to operate.

History

  • Statutory Authority: § 23.1-215 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-190 Withdrawal of application by a postsecondary school

A school that has submitted an application to the council may withdraw that application without prejudice at any time.

A school that withdraws an application prior to receiving notification of certification will receive a refund of the filing fee minus a nonrefundable administrative fee as listed in 8VAC40-31-260 D.

History

  • Statutory Authority: § 23.1-215 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-193 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 30, Issue 8, eff. February 3, 2014; repealed, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-195 Revocation of certificate to operate

The council may (i) revoke or refuse to issue or renew a certificate to operate or (ii) modify the certificate to operate to conditional pursuant to § 23.1-228 of the Code of Virginia for any one or combination of the following:

  1. Violation of any provision of this chapter pursuant to § 23.1-225 of the Code of Virginia, the council's minimum standards, or any rule made by the council.

  2. Furnishing of false, misleading, deceptive, altered, or incomplete information or documents to the council or to students or prospective students.

  3. Loss of accreditation.

  4. Failure to maintain financial resources adequate to conduct satisfactorily the courses of instruction offered or to retain an adequate, qualified instructional staff.

  5. Offering training or programs other than those acknowledged by the council.

  6. Failure to provide the council or council staff any information, records, or files pertaining to the operation of the school or recruitment and enrollment of students or in response to an audit.

  7. Employment of enrolled students in any commercial activity from which the school derives revenue without reasonable remuneration to the students, unless the students are engaging in activities that are an integral component of the educational program.

  8. Engaging in or authorizing other conduct that constitutes fraudulent or criminal activity.

History

  • Statutory Authority: § 23.1-215 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 30, Issue 8, eff. February 3, 2014; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-200 Audit requirements

A. All certified postsecondary schools shall be subject to random periodic audits. The purpose of such audit shall be to verify compliance with Article 3 (§ 23.1-213 et seq.) of Chapter 2 of Title 23.1 of the Code of Virginia and the provisions outlined in this chapter.

B. Audits shall be random or triggered by, but not limited to, the following events:

  1. Council staff concerns based on questionable information in the initial or recertification application provided by the school.

  2. Greater than average volume and frequency of negative student complaints or adverse publicity.

  3. Difficulty securing accreditation within the specified time period.

  4. Adverse action by the U.S. Department of Education (USED) or the school's accrediting agency.

  5. A USED composite financial responsibility score of less than 1.0.

C. Following an audit of the school, council staff shall prepare a report and, in the case of instances of noncompliance, either give the school an opportunity to remedy the noncompliance or proceed to revocation. In cases of proceeding to revocation, staff will report to council at the next feasible meeting.

History

  • Statutory Authority: § 23.1-215 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-210 Duplication of and need for instruction for degree credit

In considering a school's application, the council shall comply with § 23.1-220 D of the Code of Virginia with regard to matters of duplication of effort.

History

  • Statutory Authority: § 23.1-220 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.

Part VII Procedures for Conducting Fact-Finding Conferences and Hearings

8VAC40-31-220 Procedural rules for the conduct of fact-finding conferences and hearings

A. Fact-finding conference; notification, appearance, conduct.

  1. Unless emergency circumstances exist that require immediate action, no order shall be issued to refuse to grant certification or revoke prior certification or to add conditions to any certification except upon written notice stating the basis for such action and the right of the affected parties to appear at an informal fact-finding conference.

  2. Informal fact-finding conferences will be conducted in accordance with § 2.2-4019 of the Code of Virginia.

  3. If, after consideration of information presented during an informal fact-finding conference, the council determines that a basis for action still exists, the interested parties shall be notified in writing within 90 days of the informal fact-finding conference of the decision, the factual or procedural basis for the decision, and the right to appeal the decision by requesting a formal hearing. Parties to the conference may agree to extend the report deadline if more time is needed to consider relevant information.

  4. Parties may enter into a consent agreement to settle the issues at any time prior to a formal hearing.

B. Hearing; notification, appearance, conduct.

  1. After council staff renders a decision following an informal fact-finding conference, the school may appeal the decision by requesting a formal hearing by notifying the council within 14 days of the date of receipt of notification of the decision.

  2. Formal hearings shall be conducted in accordance with § 2.2-4020 of the Code of Virginia.

C. The council shall review the recommendation of the hearing officer and render a decision on the recommendation within 30 days of receipt or at the next feasible council meeting.

History

  • Statutory Authority: § 23.1-221 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 41, Issue 25, eff. September 11, 2025.

Part VIII Criminal Prosecution for Violation; Civil Enforcement

8VAC40-31-230 Criminal prosecution and civil enforcement

A. Violations of any provision of this chapter or Article 3 (§ 23.1-213 et seq.) of Chapter 2 of Title 23.1 of the Code of Virginia is punishable in accordance with § 23.1-228 of the Code of Virginia.

B. Upon discovery that a postsecondary school is operating without certification, the council shall take action in accordance with § 23.1-218 B of the Code of Virginia.

History

  • Statutory Authority: §§ 23.1-218 and 23.1-228 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-240 Civil enforcement

Upon the determination of the council that any school or any agent or representative of the school is in violation of this chapter, the council may institute a proceeding in equity to enjoin the violation.

History

  • Statutory Authority: § 23.1-228 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.

Part IX Additional Regulations

8VAC40-31-250 Virginia law to apply to contracts

The laws of the Commonwealth shall apply to contracts in accordance with § 23.1-227 of the Code of Virginia.

History

  • Statutory Authority: § 23.1-227 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-260 Fees

A. All fees collected by council staff will be deposited in the State Treasury.

B. All fees are nonrefundable with the exception of withdrawal of an application, in which case all fees will be refunded minus a nonrefundable administrative fee noted in subsection D of this section.

C. Fees must be paid with a company check and made payable to the Treasurer of Virginia.

D. The annual fee is based on the annual gross tuition received by each site certified to operate in Virginia. For out-of-state institutions certified to operate in Virginia, annual gross tuition means income generated from students enrolled at Virginia locations. The flat fee schedule is as follows:

| New school orientation session, per person | $150 | | --- | --- | | Initial fee for all new institutions of higher education | $10,000 | | Initial fee for all new non-degree postsecondary schools | $2,500 | | Annual fee for all unaccredited institutions of higher education | $10,000 | | Initial fee for out-of-state online institutions of higher education that are not members of NC-SARA | $10,000 | | Renewal fee for out-of-state online institutions of higher education that are not members of NC-SARA | $10,000 | | Renewal fee for all postsecondary schools with an annual gross tuition collected less than $50,000 as recorded on most recent financial statement | $250 | | Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $50,000 but less than $100,000 as recorded on most recent financial statement | $1,200 | | Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $100,000 but less than $500,000 as recorded on most recent financial statement | $3,000 | | Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $500,000 but less than $1 million as recorded on most recent financial statement | $6,000 | | Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $1 million but less than $5 million as recorded on most recent financial statement | $7,500 | | Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $5 million as recorded on most recent financial statement | $10,000 | | Returned check fee | $35 | | Initial or renewed exemption application or request for name acknowledgment or agent registration | $350 | | Nonrefundable administrative fee (withdrawal of application) | $500 non-degree $2,000 institutions of higher education | | Request for change in degree level authorization | $1,000 | | Request duplicate certificate to operate due to school name or address change | $100 | | Request duplicate agent permit to replace lost, stolen, or misplaced permit | $100 | | Application fee for each additional instructional location | $300 | | Application fee for each additional program, modification to an existing program, or program deletion | $100 |

E. A school that submits a payment that is returned for any reason must resubmit the required payment, any applicable late fee, and the assessed returned check fee of $35 via a money order or certified bank check only.

History

  • Statutory Authority: §§ 23.1-215 and 23.1-224 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 32, Issue 17, eff. June 3, 2016; Volume 39, Issue 6, eff. December 7, 2022; Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-270 Receipt of applications, correspondence and other materials

A. All applications, forms, letters, or other materials relating to or required by this chapter should be sent to:

State Council of Higher Education for Virginia

ATTN: Private Postsecondary School Certification

James Monroe Building, 9th Floor

101 North Fourteenth Street

Richmond, Virginia 23219

B. The mailing of items specified in subsection A of this section shall not constitute receipt of those items by the council unless sent by registered or certified mail, return receipt requested.

History

  • Statutory Authority: § 23.1-215 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-280 Closure of a postsecondary school

A. The council, on its own motion, may authorize a postsecondary school whose application for certification to operate is denied or revoked to continue to offer instruction to all currently enrolled students until the end of the semester, quarter, or other academic term used by the school.

B. The council, on its own motion, may authorize a school whose certification is revoked to offer the coursework necessary for all currently enrolled students to complete their programs and to award degrees, certificates, or diplomas to those students, provided that the school:

  1. Offers coursework only to those students who were enrolled at the time the school's certification was revoked; and

  2. Offers all necessary coursework on a schedule that permits all currently enrolled students to complete their programs in a reasonable period of time.

C. When a school decides to voluntarily cease operations, it must immediately inform the council of the following:

  1. The planned date for the termination of operations.

  2. The planned date and location for the transfer of student records.

  3. The name and address of the organization to receive and manage the student records and the name of the official who is designated to manage transcript requests. The council may receive student records, subject to subsection D of this section, if an appropriate depository has not been established.

  4. Arrangements for the continued education of currently enrolled students via teach-out agreement or other practical solution. The teach-out plan shall consist of, but not be limited to, the following:

a. Identification of the school's official date of closure;

b. A listing by program of students enrolled at the time of the school's closure, including addresses, telephone numbers, and estimated graduation dates for each student;

c. The status of all current refunds due and balances owed;

d. A listing of those students who had prepaid for any portion of their training and a calculation of the total amount that was prepaid by each student;

e. Signed agreement with one or more local educational institutions able to provide adequate education to all students in all programs; and

f. Procedures for awarding graduates certificates, diplomas, or degrees.

  1. A listing of all former students, including full name, last known mailing address, email address, program of study, dates of enrollment, date of completion, and credential awarded, if applicable.

D. In the event of school closure or revocation of certification, the school shall make provisions to transfer all official student records to the council office or a location that will maintain the records permanently. The school shall notify all students of this location and how the students may obtain official copies. The records transferred to the council office or other depository shall include the academic records of each student, which should include:

  1. Academic transcripts;

  2. Transcripts of financial aid for each student, if maintained;

  3. Foreign student forms for foreign students;

  4. Veterans Administration records for veterans;

  5. Copies of degrees, diplomas, and certificates awarded, if maintained;

  6. One set of course descriptions for all courses offered by the school; and

  7. Evidence of accreditation, if any, during the years covered by transcripts.

History

  • Statutory Authority: § 23.1-229 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-290 Waiver by council

The council may waive or modify the certification requirements for an accredited school if the council finds that such waiver or modification will not conflict with the intent of this chapter and that in light of the school's mission, literal application of such requirements creates an unreasonable hardship on the school.

History

  • Statutory Authority: § 23.1-215 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-300 (Repealed.)

History

  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; repealed, Virginia Register Volume 30, Issue 8, eff. February 3, 2014.
8VAC40-31-310 Student Tuition Guaranty Fund

A. The executive director shall appoint in writing a Manager of the Student Tuition Guaranty Fund.

B. The purpose of the fund is to reimburse tuition due to students at schools certified to operate when the school ceases to operate.

C. A claim shall be made against the fund only if the claim arises out of the cessation of operation by a school at which the student was enrolled or on an approved leave of absence at the time of the closure and the student did not complete the program of study. Claims shall be filed with the manager of the fund within three years after cessation of operation by the school. No claim filed after that period shall be considered. Claims shall be limited to the unearned tuition paid to the closing institution for which the student received no educational instruction.

D. If a teach-out agreement as outlined in 8VAC40-31-280 C 4 has been arranged for the student, the student is not entitled to a refund of unearned tuition. If a teach-out agreement was not secured, the manager shall proceed with a claim against the closed school's surety instrument, if one exists, or the balance remaining in the Student Tuition Guaranty Fund.

E. The fund shall be administered as follows:

  1. The assets of the fund may not be expended for any purpose other than to pay bona fide claims made against the fund;

  2. All payments into the fund shall be maintained by the state comptroller who shall deposit and invest the assets of the fund in any savings accounts or funds that are federally or state insured, and all interests or other return on the fund shall be credited to the fund; and

  3. Payment into the fund shall be made in the form of a company or cashier's check or money order made payable to the "Student Tuition Guaranty Fund."

F. When a claim is allowed by the manager, the executive director shall approve the claim before payment. Refunds will be made first to the lender issuing student financial aid or the guarantor of the loan and second to the student. In the event no financial aid was involved, then refunds will be made to the student.

History

  • Statutory Authority: § 23.1-215 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-320 Agent registration

A. Agents representing one or more noncertified accredited postsecondary schools must:

  1. Register with the council prior to soliciting in Virginia; and

  2. Pay an annual fee of $350 per school represented.

B. No agent representing noncertified unaccredited institutions of higher education shall conduct business in Virginia.

C. Agents operating instructional sites in Virginia must seek council certification.

D. Agent permits expire on December 31 of each calendar year. An application for an agent permit renewal must be submitted to council staff at least 60 days prior to the expiration date.

E. Refusal by an agent to display the agent's permit upon request of a prospective student, council staff member, or other interested person may result in the revocation of the agent permit.

History

  • Statutory Authority: § 23.1-224 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 41, Issue 25, eff. September 11, 2025.

Chapter 132 Virginia Student Financial Assistance Program Regulations

Part I Definitions

8VAC40-132-10 Definitions

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

"Academic period" or "semester" means a division of an academic year approximately 15 to 16 weeks in length from the first day of classes through the last day of exams for the fall or spring enrollment periods.

"Academic year" or "regular session" means a division of an award year that normally extends from late August to mid May, consists of the institution's fall and spring semesters, and is exclusive of the institution's summer session.

"Award" means a grant from state funds appropriated within the item for student financial assistance in the annual Appropriation Act under the Virginia Guaranteed Assistance Program or Commonwealth grant eligibility criteria.

"Award schedule" means the table or formula used by the institution to award program funds to full-time students for the academic year; awards for less than full-time students for the academic year shall be reviewed and adjusted according to the institution's awarding policies.

"Award year" means the 12-month enrollment period during which an institution holds classes, comprised of the regular session and the summer session.

"Book allowance" means the cost of attendance allowance for education-related book and supply expenses as determined by an institution.

"Census date" means the point at which a student's credit hour enrollment is locked for financial aid purposes. At this point in the term, credit hours are locked and financial aid for the term is adjusted to reflect the official number of attempted credit hours.

"Certificate of undergraduate study program" means a formal award certifying the satisfactory completion of a post-secondary education program that has fewer credits than an associate degree.

"Class level" means the institutionally determined undergraduate freshman (first year), sophomore (second year), junior (third year), and senior (fourth year) classifications, which typically, but not always, transition at 30-credit-hour intervals per class level.

"Commonwealth Award" means a grant from state funds appropriated within the item for student financial assistance in the annual Appropriation Act under Commonwealth grant eligibility criteria.

"Cost of attendance" means the sum of tuition, required fees, room, board, books, supplies, and other education related expenses, as determined by an institution for purposes of calculating a student's financial need and awarding federal student aid funds.

"Council" means the State Council of Higher Education for Virginia or its designated staff.

"Diploma program" means a formal award certifying the satisfactory completion of a post-secondary education program that has fewer credits than an associate degree but normally more than a certificate.

"Domicile Guidelines" means the Domicile Guidelines and associated addenda of the State Council of Higher Education dated October 25, 2016.

"Domiciliary resident of Virginia" means a student determined by an institution to meet the domicile eligibility requirements specified by §§ 23.1-502 and 23.1-505 of the Code of Virginia and augmented by the Domicile Guidelines.

"Eligible program" means a Title IV-eligible curriculum of courses in a certificate of undergraduate study, diploma, or degree program at the undergraduate, graduate, or first professional level.

"Equivalent need" means a level or range of remaining need, as defined by the institution in its award schedule for purposes of awarding program funds.

"Expected family contribution" or "EFC" is a measure of a student's family's financial strength and is calculated according to federal aid methodology and used to determine eligibility for need-based Title IV aid. The institution may exercise professional judgment to adjust the student's EFC, as permitted under federal law, based on factors that affect the family's ability to pay. For students eligible for a state award but the federal processor has not calculated the student's EFC, the institution shall calculate the student's EFC using the appropriate federal EFC worksheet.

"Financial need" means any positive difference between a student's cost of attendance and the student's expected family contribution. (See also definition of "remaining need".)

"Full-time" means enrollment for at least 12 credit hours per term or its equivalent at the undergraduate level and enrollment for at least nine credit hours per term or its equivalent at the graduate or first professional level. The total hours counted will not include courses taken for audit, but may include required developmental or remedial courses. For students enrolled in a dual or concurrent undergraduate and graduate program, full-time enrollment may be met through a combination of total credit hours, providing that the combination totals at least the minimum credit hours for full-time status for the student's institutionally recognized student level. Exceptions to the full-time requirement due to documented disability or other documented medical reasons, as applicable under the federal Americans with Disabilities Act, 42 USC § 12101 et seq., (ADA) will be considered on a case-by-case basis by the institution; supporting documentation must include health professional verification that a disability exists and a professional assessment that the condition requires limits on the student's credit load.

"Gift assistance" means financial aid in the form of scholarships and grants but does not include work-study or student loans.

"Graduate student" means a student enrolled in an eligible master's, doctoral, or first professional degree program.

"Half-time" means enrollment for at least six credit hours per term or its equivalent at the undergraduate level. The total hours counted will not include courses taken for audit, but may include required developmental or remedial courses. For undergraduate students enrolled in a dual or concurrent undergraduate and graduate program, half-time may be met through a combination of total credit hours, providing that the combination totals at least the minimum credit hours for half-time status for the student's institutionally recognized student level.

"Institution" or "home institution" means any public institution of higher education in Virginia participating in the Virginia Student Financial Assistance Program.

"Program" or "VSFAP" means the Virginia Student Financial Assistance Program, a financial aid program authorized within the item for student financial assistance in the annual Appropriation Act.

"Remaining need" means any positive difference between a student's financial need and the sum of federal, state, and institutionally-controlled gift assistance known at the time of awarding.

"Satisfactory academic progress" means:

  1. Acceptable progress toward completion of an eligible program, as defined by the institution for the purposes of eligibility for federal student financial aid under the Code of Federal Regulations (Subpart C, 34 CFR Part 668 - Student Assistance General Provisions); and

  2. For a student receiving a Virginia Guaranteed Assistance Program award, acceptable progress toward completion of an eligible program in which a student earns not less than 24 credit hours, which is the minimum number required for full-time standing in each award year.

"Summer session" means a division of an award year that normally extends from late May to mid August and consists of one or more summer enrollment periods, exclusive of the institution's fall and spring semesters.

"Term" means an academic period or summer session.

"Undergraduate student" means a student enrolled in an eligible program leading to a certificate of undergraduate study, diploma, associate's degree, or bachelor's degree.

"VGAP" means a grant from state funds appropriated for the Virginia Guaranteed Assistance Program, as authorized by the laws of the Commonwealth of Virginia including §§ 23.1-636, 23.1-637, and 23.1-638 of the Code of Virginia.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.

Part II Use of Funds

8VAC40-132-20 Use of funds

An institution shall establish and maintain financial records that accurately reflect all program transactions as they occur. The institution shall establish and maintain general ledger control accounts and related subsidiary accounts that identify each program transaction and separate those transactions from all other institutional financial activity. Funds appropriated for undergraduate awards may not be used for graduate awards, and funds appropriated for graduate awards may not be used for undergraduate awards.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.
8VAC40-132-30 Types of assistance

A. Funds allocated to institutions within the item for student financial assistance in the annual Appropriation Act may be used for:

  1. Awards to undergraduate students enrolled at least half-time;

  2. Awards to graduate students enrolled full-time. No more than 50% of the institution's graduate grants shall be awarded to students not classified as a domiciliary resident of Virginia;

  3. Awards to students enrolled full-time in a dual or concurrent undergraduate and graduate program;

  4. Assistantships to graduate students, funds for which must be transferred to the education and general account;

  5. Providing the required matching contribution to federal or private student grant aid programs, except for programs requiring work; and

  6. Supporting institutional work-study programs, funds for which must be transferred to the education and general account.

B. A student may receive either a VGAP award, an undergraduate Commonwealth Award, or a graduate Commonwealth Award during any one term (i.e., a student may not receive a combination of two or more different types of awards during the same term).

C. The provisions of this chapter shall not apply to:

  1. Soil scientist scholarships authorized by § 23.1-615 of the Code of Virginia;

  2. Foster children grants authorized by § 23.1-601 of the Code of Virginia;

  3. Need-based financial assistance programs for industry-based certification and related programs not qualifying for other sources of student financial assistance that are subject to the Financial Assistance for Industry-Based Certification and Related Programs, as the same are now constituted or hereafter amended;

  4. Nongeneral funds allocated to institutions within the item for student financial assistance in the annual Appropriation Act, except for the satisfactory academic progress requirement; or

  5. General funds allocated to institutions within the item for student financial assistance in the annual Appropriation Act that are used to support a work-study program, except for the financial need requirement.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.

Article 1 General Information

8VAC40-132-40 Priority for awards

A. Priority for awards will be given to those students who file an application as required by the institution for need-based financial aid by the institutional priority filing date or deadline and completing the verification process, if applicable. Those students who file an application after the institutional priority filing date or deadline may be considered for an award; however, the award will be based on the funds available at the time the award is made and may be based on a new award schedule.

B. Awards shall not be made to students seeking a second or additional baccalaureate degree until the financial aid needs of first degree-seeking students are fully met.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.
8VAC40-132-50 Award schedule and award amount restrictions

A. Institutions shall construct award schedules to determine priority for and amount of awards, ensuring that the schedule conforms to the conditions and restrictions listed in this subsection.

  1. The institution:

a. Must define its neediest students;

b. Must use the same award schedule for all students whose awards are packaged at the same time;

c. Shall not include the assessed tuition and fee surcharge at four-year institutions when calculating the remaining need and financial need of students exceeding 125% of their program length, pursuant to § 23.1-509 of the Code of Virginia;

d. For students enrolled at multiple institutions or in study abroad programs, shall include as the tuition and required fee component of the cost of attendance the lesser of the amount that would be charged by the home institution for the student's combined enrollment level and the sum of actual tuition and required fees assessed by each institution;

e. May include minimum award amounts for VGAP and Commonwealth Awards;

f. May construct a new award schedule based on the time of packaging and available funds; however, for students whose awards are packaged at the same time, the same schedule shall be used; and

g. Shall define equivalent need between Commonwealth Award and VGAP students.

  1. Award amounts must be:

a. Based on remaining need, and

b. Proportional to remaining need (i.e., students with greater remaining need receive larger award amounts than students with lesser remaining need).

  1. VGAP-eligible students:

a. Must receive an award before Commonwealth Award-eligible students with equivalent need.

(1) Administratively, all VGAP and Commonwealth Award students are packaged according to the institution's award schedule in use at the time of the packaging run. The award schedule should provide for larger VGAP awards than Commonwealth Awards at equivalent need and should ensure that the neediest students are prioritized over less needy students.

(2) The practical effect is that at the point at which funds are exhausted, the VGAP students at that last level of need to be funded are awarded before Commonwealth Award students at the equivalent level of need. This process ensures that VGAP students are prioritized over Commonwealth Award students with equivalent need;

b. Must receive award amounts greater than Commonwealth Award-eligible students with equivalent remaining need;

c. Who fall into the neediest category must receive an award amount of at least the tuition charged to the individual student;

d. Who fall into the neediest category may receive an award amount of up to tuition, required fees, and book allowance; and

e. If approved for enrollment of less than 12 hours under an ADA exception, should receive an adjusted award amount, calculated in accordance with institution's awarding policies.

  1. Two-year colleges electing to use a modified award schedule must:

a. Define "remaining need" as (i) any positive difference between a student's cost of attendance and the student's EFC or (ii) the financial need determined by the U.S. Department of Education and reflected in its payment schedule of EFC ranges for the Federal Pell Grant program;

b. Construct an award schedule that is based on remaining need and the combination of federal and state grant aid; and

c. Include a minimum award amount for the neediest VGAP-eligible student.

B. The following award amount restrictions apply to awards:

  1. Financial need over awards are prohibited.

a. An award under the program, when combined with other gift assistance applied to the student's institutional account, shall not exceed the student's financial need.

b. For purposes of the over financial need calculation, only the tuition and fee portion of veterans education benefits and national service education awards or post-service benefits (e.g., AmeriCorps) shall be included.

  1. Tuition over awards are prohibited.

a. An undergraduate Commonwealth Award, when combined with tuition-only assistance such as a tuition waiver, tuition scholarship or grant, or employer tuition reimbursement, shall not exceed the student's actual charges for tuition and required fees;

b. A VGAP award, when combined with tuition-only assistance such as a tuition waiver, tuition scholarship or grant, or employer tuition reimbursement, shall not exceed the student's actual charges for tuition, required fees, and standard book allowance.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.
8VAC40-132-60 Summer session awards

Institutions may elect to award during summer sessions; however, an award made to assist a student in attending an institution's summer session shall be prorated according to the size of comparable awards for students with similar financial needs made in that institution's regular session.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.
8VAC40-132-70 Refund of awards

A student who receives an award and who, during a term, withdraws from the institution that made the award must surrender the balance of the award. In determining the earned portion of the award that the student may retain, the institution shall apply the percentage of earned aid resulting from the federal Return to Title IV formula to the student's award amount.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.
  • Historical Notes: Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.

Article 2 Commonwealth Awards

8VAC40-132-80 Undergraduate eligibility criteria for an initial award

In order to participate, an undergraduate student shall:

  1. Be enrolled at least half-time into an eligible program on or after the term's census date;

  2. Be a domiciliary resident of Virginia;

  3. Demonstrate financial need; and

  4. Have complied with federal selective service registration requirements, unless the following apply:

a. The requirement to register has terminated or become inapplicable to the student; and

b. The student shows by preponderance of the evidence that failure to register was not a knowing and willful failure to register.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.
8VAC40-132-90 Renewability of awards

Awards may be renewed provided that the student:

  1. Maintains satisfactory academic progress; and

  2. Continues to meet all of the requirements of 8VAC40-132-80.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.
8VAC40-132-100 Enrollment at multiple institutions and in study abroad programs

A. A student enrolled concurrently at multiple institutions may receive an award if:

  1. The home institution is a VSFAP participating institution;

  2. A formal consortium agreement is in place; and

  3. The student's combined enrollment is at least half-time.

B. A student enrolled in a study abroad program may receive an award if:

  1. The student is enrolled at least half-time;

  2. The student remains on record as a student in an eligible program at the home institution for the term in which the award is received;

  3. The program funds are disbursed through the home institution; and

  4. The study abroad program is a formal agreement arranged by the institution.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.

Article 3 Virginia Guaranteed Assistance Program Awards

8VAC40-132-110 VGAP eligibility criteria for an initial award

In order to participate, an undergraduate student shall:

  1. Be enrolled full-time into an eligible program on or after the term's census date;

  2. Be a domiciliary resident of Virginia;

  3. Demonstrate financial need;

  4. Be a graduate from a Virginia high school.

a. Students obtaining a General Educational Development (GED) certificate are not eligible.

b. Exceptions to graduating from a Virginia high school are granted for students who:

(1) Are dependent children of active-duty military personnel residing outside the Commonwealth of Virginia pursuant to military orders and claiming Virginia on their State of Legal Residence Certificate and satisfying the domicile requirements for such active duty military personnel pursuant § 23.1-502 of the Code of Virginia;

(2) Have completed a program of home school instruction in accordance with § 22.1-254.1 of the Code of Virginia; or

(3) Have been excused from school attendance pursuant to subsection B of § 22.1-254 of the Code of Virginia;

  1. For a high school graduate, have at least a cumulative 2.5 grade point average (GPA) on a 4.0 scale, or its equivalent, at the time of admission to the institution or according to the latest available high school transcript. In the absence of a high school transcript indicating the grade point average, the institution must have on file a letter from the student's high school certifying the student's high school GPA;

  2. For a student meeting the high school graduate exception in subdivision 4 b (1) or 4 b (2) of this section, have earned a math and verbal combined scores of at least 900 for SATs taken prior to March 1, 2016, or at least 980 for SATs taken on or after March 1, 2016; or have earned ACT composite scores of 19 or above; and

  3. Have complied with federal selective service registration requirements, unless the following apply:

a. The requirement to register has terminated or become inapplicable to the student; and

b. The student shows by preponderance of the evidence that failure to register was not a knowing and willful failure to register.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.
8VAC40-132-120 Renewability of awards

A. Awards for students attending two-year colleges may be renewed for one year while awards for students attending four-year colleges may be renewed for up to three years. Students shall be limited to a cumulative total of four years of eligibility.

Awards may be renewed provided that the undergraduate student, for the term in which an award is provided:

  1. Is enrolled full-time in an eligible program on or after the term's census date;

  2. Is a domiciliary resident of Virginia;

  3. Demonstrates continued financial need;

  4. Maintains continuous full-time enrollment unless granted an exception for cause by the council.

a. Continuous enrollment shall be recognized as full-time enrollment in each academic period; lack of enrollment or less than full-time enrollment in the summer session or other special sessions offered by the institution does not disqualify the student.

b. A student participating in a cooperative education program or internship that is part of his academic program and a student whose college education is interrupted by a call to military service shall be deemed to have maintained continuous enrollment if he reenrolls no later than the following fall semester after completion of such employment or military service.

c. If an exception is granted by council, council staff will also determine the student's remaining VGAP eligibility within his current class level as well as toward the student's maximum VGAP usage;

  1. Annually, prior to the start of the award year,

a. Maintains at least a 2.0 grade point average on a 4.0 scale, or its equivalent; and

b. Maintains satisfactory academic progress;

  1. Has complied with federal selective service registration requirements, unless the following apply:

a. The requirement to register has terminated or become inapplicable to the student; and

b. The student shows by preponderance of the evidence that failure to register was not a knowing and willful failure to register.

B. VGAP renewal awards are subject to the following special considerations:

  1. Students who transfer to an institution shall be considered renewal students if they received or were eligible for an award during the prior academic period provided they meet renewal criteria in subsection A of this section.

  2. Students who do not initially receive a VGAP award may be considered for an award provided that they meet initial eligibility criteria and continue to meet renewal criteria in subsection A of this section.

  3. If a student fails to meet one of the renewal criteria found in subsection A of this section, the student cannot reestablish such eligibility. However, the student may be considered for a Commonwealth Award.

C. Conditions and requirements for renewal awards.

  1. Beginning with the 2017–2018 award year, a student may not receive more than one year of support before satisfying the requirements to move to the next class level.

a. For purposes of this section, one year shall mean a 12-month timeframe from the beginning of the first term a VGAP award was received at a specific class level.

(1) Students receiving their first term of VGAP at a class level in the fall term must advance class levels by the beginning of the following fall term.

(2) Students receiving their first term of VGAP at a class level in the spring term must advance class levels by the beginning of the following spring term.

(3) Students receiving their first term of VGAP at a class level in the summer term must advance class levels by the beginning of the following summer term.

(4) If an institution determines that the student did not advance class level at the completion of the one year, the student is not eligible for a VGAP award the next term; however, the institution may reconsider providing VGAP for that next term, if:

(a) The student subsequently demonstrates that additional credits were earned prior to the beginning of the term (whether by transfer, adjusted grades, or other); and

(b) The additional credits are accepted by the institution and are sufficient for the student to advance class level.

(c) Example: The student falls three hours short of advancing class level upon completion of the 2017–2018 award year and therefore is not packaged VGAP entering the fall 2018 term. However, if during the fall term the student successfully transfers or secures a grade change for courses that were completed prior to the fall 2018 term, and as a result secures the additional hours needed to advance class level, the institution may award VGAP for fall 2018.

b. The hours required to advance class level may be completed in any combination of terms, transfer of credits, or testing out of courses. Examples include completing:

(1) The minimum hours necessary to advance class level (typically 30) in the combined fall, spring, and summer terms within the one-year timeframe; or

(2) The minimum hours necessary to advance class level (typically 30) by combining credits earned in academic terms during the one year and any other credits earned via transfer or an approved examination, such as a test of The College Board's College Level Examination Program (CLEP), by no later than the completion of the one-year timeframe.

c. Students failing to advance class levels after one year of support:

(1) May be considered for a Commonwealth Award for the next term of enrollment; and

(2) May then be reconsidered for a VGAP award for the term in which they enter at a higher class level if they continue to meet all renewal criteria in subsection A of this section.

d. Students advancing class levels in less than one year are not granted extra terms of support.

  1. Beginning with first-time students enrolled in the fall semester in 2018, each eligible student shall receive a grant in an amount greater than the grant of each eligible student with equivalent remaining need in the next lowest class level.

a. The annual award differential between the class levels is determined by the institution. When determining the differential, institutions should weigh the available funding and the needs of the overall student enrollment with the amount of the differential necessary to incentivize students to progress.

b. The award differential between the class levels can vary from year to year.

c. The award differential is not based upon the prior year awards for the individual student or other class levels. Annual awards are based upon the unique circumstances for the individual year, including available funding, student remaining need, and changes in total financial need across all eligible students.

  1. Grandfathering:

a. For students enrolled prior to fall 2018, there is no requirement that the awards be differentiated by class level.

b. For students enrolled prior to fall 2017, those students completing full-time equivalent courses per academic year remain eligible for consideration of a VGAP award entering the 2017–2018 award year. The requirement of one year of award per class level is reviewed upon completion of the 2017–2018 award year and then evaluated each term thereafter, as appropriate.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.
8VAC40-132-130 Enrollment at multiple institutions and in study abroad programs

A. A student enrolled concurrently at multiple institutions may receive an award if:

  1. The home institution is a VSFAP participating institution;

  2. A formal consortium agreement is in place; and

  3. The student's combined enrollment meets full-time requirements.

B. A student enrolled in a study abroad program may receive an award if:

  1. The student is enrolled full-time;

  2. The student remains on record as a student in an eligible program at the home institution for the term in which the award is received;

  3. The program funds are disbursed through the home institution; and

  4. The study abroad program is a formal agreement arranged by the institution.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.
8VAC40-132-140 Graduate eligibility criteria for an initial award

A. In order to receive a Commonwealth Award, the graduate student must be enrolled full-time into an eligible program on or after the term's census date.

B. An individual award may be based on financial need but may, in addition to or instead of, be based on other criteria determined by the institution making the award.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.
8VAC40-132-150 Amount of awards

The amount of an award shall be determined by the institution making the award; however, the institution shall annually notify the council of the maximum size of a graduate award that is paid from funds in the appropriation.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.
8VAC40-132-160 Renewability of awards

Awards may be renewed provided that the graduate student:

  1. Maintains satisfactory academic progress; and

  2. Continues to be enrolled full-time.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.
8VAC40-132-170 Enrollment at multiple institutions and in study abroad programs

A. A student enrolled concurrently at multiple institutions may receive an award if:

  1. The home institution is a VSFAP participating institution;

  2. A formal consortium agreement is in place; and

  3. The student's combined enrollment meets full-time requirements.

B. A student enrolled in a study abroad program may receive an award if:

  1. The student is enrolled full-time;

  2. The student remains on record as a student in an eligible program at the home institution for the term in which the award is received;

  3. The program funds are disbursed through the home institution; and

  4. The study abroad program is a formal agreement arranged by the institution.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.
8VAC40-132-180 Responsibility of the council

The council shall collect such student specific information for both graduate and undergraduate students as is necessary for the operation of the program and other information deemed necessary by the council.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.
8VAC40-132-190 Responsibility of institutions

Institutions shall:

  1. Provide reports to the council that will include information describing the students served, the awards received, and the number and value of awards. Each institution shall annually report to the council its definition of "neediest" students;

  2. Maintain documentation necessary to demonstrate that student awards calculated during the same packaging cycle used the same award schedule;

  3. Provide the council with the initial award schedule or formula that will be used to package on-time applications when submitting an annual report; and

  4. Upon request by a student transferring to another institution, send to the other institution information about the student's VGAP eligibility.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.
8VAC40-132-200 Program reviews

The council periodically will review institutional administrative practices to determine institutional program compliance with the Appropriation Act, the Code of Virginia, and this chapter. If a review determines that an institution has failed to comply with the Appropriation Act, the Code of Virginia, and this chapter, the council may withhold approval of expenditure plans for the program until the end of the next session of the General Assembly. No attempt to determine compliance with the Appropriation Act, Code of Virginia, and this chapter should be solely based on information from the financial aid data file submitted annually by institutions.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.
8VAC40-132-210 Terms and conditions of the loans

An institution with a loan program established from previous general fund appropriations may continue the loan program, under such terms and rules as the governing board of the institution may prescribe, but shall not expand the loan program with currently appropriated funds. The loan program shall meet the following requirements:

  1. In any one award year no student shall receive a loan from the fund of an institution that would result in that student owing a net outstanding amount at the end of that award year in excess of the tuition and required fees charged by the institution;

  2. The annual interest rate charged on loans to students from a fund shall be 3.0%;

  3. An institution shall make every effort to collect each loan made from its student loan fund using the provisions of the Virginia Debt Collection Act (§ 2.2-4800 et seq. of the Code of Virginia); and

  4. The Auditor of Public Accounts shall at least biennially audit and exhibit the account of student loan funds at each institution.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.
8VAC40-132-220 Eligibility criteria

In order to be eligible for the student loan program, a student shall meet the criteria of 8VAC40-132-80, 8VAC40-132-90, 8VAC40-132-140, and 8VAC40-132-160.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.
8VAC40-132-230 Discontinuing student loan programs

A. If any federal student loan program for which the institutional contribution was appropriated by the General Assembly is discontinued, the institutional share of the discontinued loan program shall be repaid to the fund from which the institutional share was derived unless other arrangements are recommended by the council and approved by the Department of Planning and Budget. Should the institution be permitted to retain the federal contributions to the program, the funds shall be used according to arrangements authorized by the council and approved by the Department of Planning and Budget.

B. An institution may discontinue its student loan program established pursuant to §§ 23.1-618 through 23.1-621 of the Code of Virginia. The full amount of cash in the discontinued loan fund shall be paid into the state treasury into a nonrevertible nongeneral fund account. Prior to such payment, the State Comptroller shall verify its accuracy, including the fact that the cash held by the institution in the loan fund will be fully depleted by such payment. The loan fund shall not be reestablished for that institution.

C. The cash paid into the state treasury shall be used only for awards to undergraduate students in the Virginia Student Financial Assistance Program according to arrangements authorized by the council and approved by the Department of Planning and Budget. Payments of any promissory notes held by the discontinued loan fund shall continue to be received by the institution and deposited to the nonrevertible nongeneral fund account and to be used for the VGAP awards and undergraduate Commonwealth Awards.

History

  • Statutory Authority: § 23.1-636 of the Code of Virginia.Derived from Virginia Register Volume 34, Issue 5, eff. November 1, 2017.

Agency 105 Virginia Polytechnic Institute And State University

Chapter 10 Traffic and Parking Regulations [Repealed]

Part XV [Repealed]

8VAC105-10-560 (Repealed.)

Historical Notes

Derived from VR660-01-01 §§ 14.1, 14.2, eff. February 9, 1994; amended, Virginia Register Volume 12, Issue 14, eff. March 6, 1996; repealed, Virginia Register Volume 13, Issue 12, eff. February 6, 1997.

Part XVI [Repealed]

8VAC105-10-580 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 12, Issue 14, eff. March 6, 1996; repealed, Virginia Register Volume 13, Issue 12, eff. February 6, 1997.

Agency 115 College of William and Mary

Chapter 10 Motor Vehicles Parking and Traffic Regulations [Repealed]

Part I General Provisions [Repealed]

8VAC115-10-10 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 1.1, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-20 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 1.2, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-30 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 1.3, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-40 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 1.4, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-50 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 1.5, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-60 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 1.6, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.

Part II Registration of Motor Vehicles [Repealed]

8VAC115-10-70 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 2.1, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.

Part III Registration, Eligibility and Classification [Repealed]

8VAC115-10-80 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 3.1, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-90 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 3.2, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-100 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 3.3, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-110 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 3.4, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-120 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 3.5, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-130 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 3.6, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-140 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 3.7, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.

Part IV Traffic Regulations [Repealed]

8VAC115-10-150 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 4.1, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-160 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 4.2, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-170 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 4.3, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.

Article 1 General Provisions [Repealed]

8VAC115-10-180 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 5.1, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-190 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 5.2, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-200 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 5.2, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-210 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 5.3, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-220 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 5.4, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-230 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 5.5, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-240 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 5.6, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-250 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 5.7, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-260 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 5.8, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-270 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 5.9, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.

Article 2 York River Campus Parking [Repealed]

8VAC115-10-280 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 5.10, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.

Article 3 Williamsburg Campus Parking [Repealed]

8VAC115-10-290 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 5.11, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-300 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 5.12, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-310 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 5.13, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-320 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 5.14, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-330 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 5.15, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-340 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 5.16, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-350 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 6.1, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-360 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 6.2, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-370 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 6.3, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-380 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 6.4, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-390 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 6.5, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-400 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 6.6, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-410 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 6.7, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-420 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 6.8, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.
8VAC115-10-430 (Repealed.)

History

  • Historical Notes: Derived from VR187-01-02 § 6.9, eff. January 12, 1994; amended, Virginia Register Volume 11, Issue 18, eff. May 1, 1995; repealed, Virginia Register Volume 41, Issue 1, eff. August 9, 2024.

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