Superintendent’s Memo #248-13

State seal, Commonwealth of Virginia

Department of Education

September 20, 2013

TO:  Division Superintendents

FROM:  Patricia I. Wright, Superintendent of Public Instruction

SUBJECT:  Elimination of the Local Eligibility License

The 2013 General Assembly passed House Bill 2151 and Senate Bill 1223 that amended the statute, in part, as follows:

§ 22.1-298.1. Regulations governing licensure.

B.  …Notwithstanding the provisions of this section and the Board's authority to license teachers, local school boards shall be authorized to issue valid, three-year local eligibility licenses pursuant to § 22.1-299.3.

§ 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 § 22.1-299.3. Notwithstanding the provision in
§ 22.1-298.1 that the provisional license is limited to three years, if a teacher employed in Virginia under a provisional license is activated or deployed for military service within a school year (July 1-June 30), an additional year will be added to the teacher's provisional license for each school year or portion thereof the teacher is activated or deployed. The additional year or years shall be granted the following year or years after the return of the teacher from deployment or activation. Local school divisions may grant similar extensions for local eligibility licenses in their discretion….

§ 22.1-303. Probationary terms of service for teachers

…D. Teachers holding three-year local eligibility licenses pursuant to § 22.1-299.3 issued prior to July 1, 2013, shall not be eligible for continuing contract status while teaching under the authority of such license. Upon attainment of a collegiate professional or postgraduate professional license issued by the Department of Education, such teachers shall serve the three-year a probationary period term of service of at least three years and, at the option of the local school board, up to five years prior to being eligible for continuing contract status pursuant to this section.

This legislation eliminated the local eligibility license from the Code of Virginia.  Effective July 1, 2013, the local eligibility license may no longer be issued by local school boards.

If you have any questions or need additional information, please contact Dr. Mark R. Allan, director of licensure and school leadership, via e-mail at or telephone at (804) 371-2471.