August 19, 2016

TO:  Division Superintendents

FROM:  Steven R. Staples, Superintendent of Public Instruction

SUBJECT: Flexibility Provision for Staffing Requirements in the State Appropriation Act Not Applicable to Certain Career and Technical Education (CTE) Courses

This memo is to inform you of CTE courses in which school divisions may not use staffing flexibility. Superintendent’s Memorandum No. 187-16, issued on July 29, 2016, outlines statutory and Appropriation Act flexibility provisions.  Specifically, Item 139.A.17This link takes you out of the Virginia Department of Education website of the 2016 Appropriation Act allows school divisions to increase teacher to pupil staffing ratio requirements for “Career and Technical funded programs (other than on Career and Technical courses where school divisions will have to maintain a maximum class size based on federal Occupational Safety & Health Administration safety requirements) …” and whereas the Board of Education’s Regulations Governing Career and Technical Education have set the maximum class size at twenty as described below.  

The Virginia Department of Labor and Industry has worked with the Virginia Department of Education to identify CTE classes impacted by federal Occupational Safety and Health Administration (OSHA) regulations. 

Sections 1-3 of Board of Education regulation 8VAC20-120-150This link takes you out of the Virginia Department of Education website, Maximum Class Size, provide the following:

“Enrollments in career and technical education courses shall not exceed the number of individual work stations.

According to Board of Education regulation 8VAC20-120-170This link takes you out of the Virginia Department of Education website, Student Safety:

  1. “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.
  2. Each career and technical education program shall comply with applicable federal and state laws and regulations related to health and safety.”

If you have any questions or need additional information, please contact George R. Willcox, associate director, Office of Career, Technical, and Adult Education, at or by telephone at (804) 225-2052.