DEPARTMENT OF EDUCATION
SUPTS. MEMO NO. 151
June 27, 2008
Billy K. Cannaday, Jr.
Superintendent of Public Instruction
The purpose of this memorandum is to provide information regarding the licensing of teachers and other school personnel and employing substitute teachers. School division personnel have inquired about statutes and regulations governing the licensure of instructional personnel as they seek to employ individuals for the next school year.
Teachers and Other Instructional Personnel
Section 22.1-299 of the Code of Virginia noted below requires that teachers regularly employed by a school board or paid from public funds must hold licenses issued by the Virginia Board of Education.
Section 22.1-299. License required of teachers.
No teacher shall be regularly employed by a school board or paid from public funds unless such teacher holds a license or provisional license issued by the Board of Education or a three-year local eligibility license issued by a local school board pursuant to Section 22.1-299.3. In accordance with regulations prescribed by the Board, a person not meeting the requirements for a license or provisional license may be employed and paid from public funds by a school board temporarily as a substitute teacher to meet an emergency.
The following excerpt from Section 22.1-253.13.2 of the Code of Virginia (Standards of Quality) stipulates that school boards must employ instructional personnel qualified in the relevant subject areas.
Section 22.1-253.13:2. Standard 2. Instructional, administrative, and support personnel.
A. The Board shall establish requirements for the licensing of teachers, principals, superintendents, and other professional personnel.
B. School boards shall employ licensed instructional personnel qualified in the relevant subject areas....
The Virginia Board of Education promulgated Licensure Regulations for School Personnel that set forth the requirements for licensing instructional personnel. These regulations may be accessed at the following website: http://www.doe.virginia.gov/VDOE/Compliance/TeacherED/nulicvr.pdf
The Board of Education Standards of Accreditation regulations require that 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. (8 VAC 20-131-240. Administrative and support staff; staffing requirements)
Temporarily Employed Teachers (Substitute Teachers)
Section 22.1-302 of the Code of Virginia defines a temporarily employed teacher as one who is employed to substitute for a contracted teacher for a temporary period of time during the contracted teacher's absence, or one is employed to fill a teacher vacancy for a period of time, but for no longer than 90 teaching days in such vacancy during one school year.
This section of the Code further states:
...B. The Board of Education shall promulgate regulations regarding temporarily employed teachers, as defined in this section, which shall provide that such teachers be at least eighteen years of age and that they hold a high school diploma or a general educational development (GED) certificate.
However, local school boards shall establish employment qualifications for temporarily employed teachers which may exceed the Board's regulations for the employment of such teachers. School boards shall also seek to ensure that temporarily employed teachers who are engaged as long-term substitutes shall exceed baseline employment qualifications....
The Board of Education has promulgated minimum requirements for substitute teachers. You can access these regulations on the following website:
If you have any questions regarding the licensing of school personnel or the requirements for substitute teachers, please do not hesitate to contact Mrs. Patty S. Pitts, assistant superintendent for teacher education and licensure, by e-mail at Patty.Pitts@doe.virginia.gov or Dr. James W. Lanham, III, director of licensure, at firstname.lastname@example.org, or telephone at (804) 371‑2522.