COMMONWEALTH OF VIRGINIA

DEPARTMENT OF EDUCATION

P.O. BOX 2120

RICHMOND, VIRGINIA 23218-2120

SUPTS. MEMO NO. 12

September 23, 2005

REGULATORY

TO:

Division Superintendents

 

FROM:

Jo Lynne DeMary

Superintendent of Public Instruction

 

SUBJECT:

Technical Amendments to the Regulations Governing the Licensure of School Personnel

 

The 2005 General Assembly approved three bills that required technical amendments to the Regulations Governing the Licensure of School Personnel. The Administrative Process Act (Section 2.2-4006 of the Code of Virginia) exempts revisions to regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved from its requirements. The technical amendments have been approved and became effective September 22, 2005.

 

House Bill 2790 required that the Board of Education, in its regulations governing teacher licensure, establish criteria and a procedure to allow persons seeking initial licensure as teachers through an alternate route as defined by Board regulations to substitute experiential learning in lieu of coursework. The new language inserted in the Regulations Governing the Licensure of School Personnel is as follows:

 

8VAC20-21-80. Alternate routes to licensure.

 

D. Persons seeking initial licensure as teachers through an alternative route as defined in Board of Education regulations may substitute experiential learning in lieu of coursework in accordance with Board criteria and procedures.

 

On September 21, 2005, the Board of Education received for first review the proposed Criteria for Implementing Experiential Learning Credits for Alternate Route Applicants Seeking Initial Licensure. It is anticipated that the Board will receive the item for final review on October 26, 2005. The Department of Education will notify school divisions upon the approval of the proposed criteria.

 

 

Senate Bill 949 required the Board of Education regulations to provide for licensure by reciprocity for individuals who hold a valid out-of-state license. The following language has been added to the Regulations Governing the Licensure of School Personnel:

8VAC20-21-90. Conditions for licensure by reciprocity.

 

C.  Licensure by reciprocity is provided for individuals who have obtained a valid out-of-state license that is in force at the time the application for a Virginia license is made. The individual must establish a file in the Department of Education by submitting a complete application packet, which shall include official student transcripts. A professional teacher's assessment for the purpose set forth in subsection F of Section 22.1-298 of the Code of Virginia and service requirements shall not be imposed for these licensed individuals.

 

Effective September 22, 2005, the change in this regulation allows individuals who have held a valid out-of-state license in force at the time the application is made for a Virginia license to be exempted from the Praxis I assessment. Please note that this change in law and regulations does not exempt an individual from other licensure assessments (Praxis II, the Virginia Reading Assessment, or the School Leaders Licensure Assessment). In addition, this regulatory amendment will not apply to exempting individuals from the new Virginia Communication and Literacy Assessment when it becomes effective (January 2006) as an initial licensure assessment. School divisions employing teachers who are eligible for the Praxis I exemption need to submit a written request to the Office of Professional Licensure.

 

 

House Bill 2832 requires the Board of Education to suspend or revoke the administrative or teaching license of any person who knowingly and willfully with the intent to compromise the outcome of an athletic competition procures, sells, or administers anabolic steroids or causes these drugs to be procured, sold, or administered to students, or by failing to report student use of anabolic steroids. The new language in the Regulations Governing the Licensure of School Personnel is as follows:

 

8VAC20-21-660. Revocation.

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

1. Obtaining or attempting to obtain such 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. Conduct, such as immorality, or personal condition detrimental to the health, welfare, discipline, or morale of students or to the best interest of the public schools of the Commonwealth of Virginia;

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

7.              Acts related to secure mandatory tests as specified in 22.1-292.1 of the Code of Virginia;

8. Knowingly and willfully with the intent to compromise the outcome of an athletic competition procures, sells, or administers anabolic steroids or causes such drugs to be procured, sold, or administered to a student who is a member of a school athletic team, or fails to report the use of such drugs by a student to the school principal and division superintendent as required by 22.1-279.3:1. Any person whose administrative or teaching 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

9. Other good and just cause of a similar nature.

8VAC20-21-680. 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 22.1-292.1 of the Code of Virginia;

5. Knowingly and willfully with the intent to compromise the outcome of an athletic competition procures, sells, or administers anabolic steroids or causes such drugs to be procured, sold, or administered to a student who is a member of a school athletic team, or fails to report the use of such drugs by a student to the school principal and division superintendent as required by 22.1-279.3:1. Any person whose administrative or teaching 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 of a similar nature.

If you have questions about the technical amendments to the Regulations Governing the Licensure of School Personnel, please contact Dr. Thomas A. Elliott, (Thomas.Elliott@doe.virginia.gov), assistant superintendent for teacher education and education, at (804) 371-2522 or Mrs. Patty Pitts, (Patty.Pitts@doe.virginia.gov), director of professional licensure, at (804) 371-2471.

JLD/psp