COMMONWEALTH of VIRGINIA
Department of Education

April 29, 2011

TO: Division Superintendents

FROM: Patricia I. Wright, Superintendent of Public Instruction

SUBJECT: Temporary Flexibility for Staffing Requirements Not Applicable to Certain Career and Technical Courses

Superintendent’s Memorandum #101-11, issued on April 8, 2011, included information regarding the appropriation act language adopted by the 2010 General Assembly providing temporary flexibility to school divisions during the 2010–2012 biennium on Standards of Quality staffing standards requirements.  Included in this provision is language waiving the teacher to pupil ratio staffing requirement for career and technical education (CTE) programs.  However, this waiver does not apply to CTE courses where safety is an issue and the Board of Education’s Regulations Governing Career and Technical Education have set the maximum class size at twenty:

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. 
2. Career and technical education courses 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 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.

Statutory Authority

§§22.1-16 and 22.1-227 of the Code of Virginia.

8VAC20-120-170. Student safety.

1. Each career and technical education program shall include health and safety standards that are applicable to the operation of that program, which shall be made an integral part of program instruction.
2. Each career and technical education program shall comply with the applicable federal and state laws and regulations related to health and safety.

Statutory Authority

§§22.1-16 and 22.1-227 of the Code of Virginia.

The Virginia Department of Labor and Industry has worked with the Office of Career and Technical Education to identify CTE classes impacted by federal Occupational Safety and Health Administration (OSHA) regulations.  The current list at http://www.doe.virginia.gov/instruction/career_technical/administration/regulations/cte_class_size.pdf of CTE courses that have a maximum class size of twenty must be maintained during the 2010–2012 biennial budget.

If you have any questions or need additional information, please contact Lolita B. Hall, director of career and technical education, at LB.Hall@doe.virginia.gov or by telephone at (804)225-2051.

PIW/LBH/sgj