Bill Text: VA HB2037 | 2019 | Regular Session | Engrossed
Bill Title: Diversifying Teacher Workforce Act; teacher licensure, criteria, etc.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2019-03-14 - Governor: Acts of Assembly Chapter text (CHAP0407) [HB2037 Detail]
Download: Virginia-2019-HB2037-Engrossed.html
Be it enacted by the General Assembly of Virginia:
1. That §§22.1-298.1, 22.1-298.2, and 23.1-902 of the Code of Virginia are amended and reenacted as follows:
§22.1-298.1. Regulations governing licensure.
A. As used in this section:
"Alternate route to licensure" means a nontraditional route to teacher licensure available to individuals who meet the criteria specified in the regulations issued by the Board of Education.
"Industry certification credential" means an active career and technical education credential that is earned by successfully completing a Board of Education-approved industry certification examination, being issued a professional license in the Commonwealth, or successfully completing an occupational competency examination.
"Licensure by reciprocity" means a process used to issue a license to an individual coming into the Commonwealth from another state when that individual meets certain conditions specified in the Board of Education's regulations.
"Professional teacher's assessment" means those tests mandated for licensure as prescribed by the Board of Education.
"Provisional license" means a nonrenewable license
issued by the Board of Education for a specified period of time, not to exceed
three years, to an individual who may be employed by a school division in the Commonwealth
and who generally meets the requirements specified in the Board of Education's
regulations for licensure, but who may need to take additional coursework or,
pass additional assessments, or meet alternative evaluation standards to
be fully licensed with a renewable license.
"Renewable license" means a license issued by the Board of Education for 10 years to an individual who meets the requirements specified in the Board of Education's regulations.
B. The Board of Education shall prescribe, by regulation, the requirements for the licensure of teachers and other school personnel required to hold a license. Such regulations shall include requirements for the denial, suspension, cancellation, revocation, and reinstatement of licensure and procedures for the immediate and thorough investigation by the division superintendent or his designee of any complaint alleging that a license holder has engaged in conduct that may form the basis for the revocation of his license. At a minimum, such procedures for investigations contained in such regulations shall require (i) the division superintendent to petition for the revocation of the license upon completing such investigation and finding that there is reasonable cause to believe that the license holder has engaged in conduct that forms the basis for revocation of a license; (ii) the school board to proceed to a hearing on such petition for revocation within 90 days of the mailing of a copy of the petition to the license holder, unless the license holder requests the cancellation of his license in accordance with Board regulations; and (iii) the school board to provide a copy of the investigative file and such petition for revocation to the Superintendent of Public Instruction at the time that the hearing is scheduled. The Board of Education shall revoke the license of any person for whom it has received a notice of dismissal or resignation pursuant to subsection F of §22.1-313 and, in the case of a person who is the subject of a founded complaint of child abuse or neglect, after all rights to any administrative appeal provided by §63.2-1526 have been exhausted. Regardless of the authority of any other agency of the Commonwealth to approve educational programs, only the Board of Education shall have the authority to license teachers to be regularly employed by school boards, including those teachers employed to provide nursing education.
The Board of Education shall prescribe by regulation the licensure requirements for teachers who teach only online courses, as defined in §22.1-212.23. Such license shall be valid only for teaching online courses. Teachers who hold a 10-year renewable license issued by the Board of Education may teach online courses for which they are properly endorsed.
C. The Board of Education's regulations shall include requirements that a person seeking initial licensure:
1. Complete Demonstrate proficiency in the relevant
content area, communication, literacy, and other core skills for educators by
achieving a qualifying score on professional assessments [ or meeting
alternative evaluation standards ] as prescribed by the Board of
Education [ or meeting alternative evaluation standards as set forth
in subsection F ] ;
2. Complete study in attention deficit disorder;
3. Complete study in gifted education, including the use of multiple criteria to identify gifted students; and
4. Complete study in methods of improving communication between schools and families and ways of increasing family involvement in student learning at home and at school.
D. In addition, such regulations shall include requirements that:
1. Every person seeking initial licensure and persons seeking licensure renewal as teachers who have not completed such study shall complete study in child abuse recognition and intervention in accordance with curriculum guidelines developed by the Board of Education in consultation with the Department of Social Services that are relevant to the specific teacher licensure routes;
2. Every person seeking renewal of a license shall complete all renewal requirements, including professional development in a manner prescribed by the Board, except that no person seeking renewal of a license shall be required to satisfy any such requirement by completing coursework and earning credit at an institution of higher education;
3. Every person seeking initial licensure or renewal of a license shall provide evidence of completion of certification or training in emergency first aid, cardiopulmonary resuscitation, and the use of automated external defibrillators. The certification or training program shall (i) be based on the current national evidence-based emergency cardiovascular care guidelines for cardiopulmonary resuscitation and the use of an automated external defibrillator, such as a program developed by the American Heart Association or the American Red Cross, and (ii) include hands-on practice of the skills necessary to perform cardiopulmonary resuscitation. The Board shall provide a waiver for this requirement for any person with a disability whose disability prohibits such person from completing the certification or training;
4. Every person seeking licensure with an endorsement as a teacher of the blind and visually impaired shall demonstrate proficiency in reading and writing Braille;
5. Every teacher seeking an initial license in the Commonwealth with an endorsement in the area of career and technical education shall have an industry certification credential in the area in which the teacher seeks endorsement. If a teacher seeking an initial license in the Commonwealth has not attained an industry certification credential in the area in which the teacher seeks endorsement, the Board may, upon request of the employing school division or educational agency, issue the teacher a provisional license to allow time for the teacher to attain such credential;
6. Every person seeking initial licensure or renewal of a license shall complete awareness training, provided by the Department of Education, on the indicators of dyslexia, as that term is defined by the Board pursuant to regulations, and the evidence-based interventions and accommodations for dyslexia; and
7. Every person seeking initial licensure or renewal of a license with an endorsement as a school counselor shall complete training in the recognition of mental health disorder and behavioral distress, including depression, trauma, violence, youth suicide, and substance abuse.
E. No teacher who seeks a provisional license shall be required to meet any requirement set forth in subdivision D 1, 3, or 6 as a condition of such licensure, but each such teacher shall complete each such requirement during the first year of provisional licensure.
F. The Board shall issue a license to an individual seeking initial licensure who has not completed professional assessments as prescribed by the Board, if such individual (i) holds a provisional license that will expire within three months; (ii) is employed by a school board; (iii) is recommended for licensure by the division superintendent; (iv) has attempted, unsuccessfully, to obtain a qualifying score on the professional assessments as prescribed by the Board; (v) has received an evaluation rating of proficient or above on the performance standards for each year of the provisional license, and such evaluation was conducted in a manner consistent with the Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers, Principals, and Superintendents; and (vi) meets all other requirements for initial licensure.
G. Each local school board or division superintendent may waive for any individual whom it seeks to employ as a career and technical education teacher and who is also seeking initial licensure or renewal of a license with an endorsement in the area of career and technical education any applicable requirement set forth in subsection C or subdivision D 2, 4, or 6.
G. H. The Board's regulations shall require that
initial licensure for principals and assistant principals be contingent upon
passage of an assessment as prescribed by the Board.
H. I. The Board shall establish criteria in its
regulations to effectuate the substitution of experiential learning for
coursework for those persons seeking initial licensure through an alternate
route as defined in Board regulations. Such alternate routes shall include
eligibility for any individual to receive, notwithstanding any provision of law
to the contrary, a renewable one-year license to teach in public high schools
in the Commonwealth if he has:
1. Received a graduate degree from a regionally accredited institution of higher education;
2. Completed at least 30 credit hours of teaching experience as an instructor at a regionally accredited institution of higher education;
3. Received qualifying scores on the professional teacher's assessments prescribed by the Board, including the communication and literacy assessment and the content-area assessment for the endorsement sought; and
4. Met the requirements set forth in subdivisions D 1 and 3.
I. J. Notwithstanding any provision of law to
the contrary, the Board (i) may provide for the issuance of a provisional
license, valid for a period not to exceed three years, pursuant to subdivision
D 5 or to any person who does not meet the requirements of this section or any
other requirement for licensure imposed by law and (ii) shall provide for the
issuance of a provisional license, valid for a period not to exceed three
years, to any former member of the Armed Forces of the United States or the
Virginia National Guard who has received an honorable discharge and has the
appropriate level of experience or training but does not meet the requirements
for a renewable license.
J. K. The Board's licensure regulations shall
also provide for licensure by reciprocity:
1. With comparable endorsement areas for those individuals holding a valid out-of-state teaching license and national certification from the National Board for Professional Teaching Standards or a nationally recognized certification program approved by the Board of Education. The application for such individuals shall require evidence of such valid licensure and national certification and shall not require official student transcripts;
2. For any spouse of an active duty member of the Armed Forces of the United States or the Commonwealth who has obtained a valid out-of-state license, with full credentials and without deficiencies, that is in force at the time the application for a Virginia license is received by the Department of Education. Each such individual shall establish a file in the Department of Education by submitting a complete application packet, which shall include official student transcripts. No service requirements or licensing assessments shall be required for any such individual; and
3. For individuals who have obtained a valid out-of-state license, with full credentials and without deficiencies, that is in force at the time the application for a Virginia license is received by the Department of Education. Each such individual shall establish a file in the Department of Education by submitting a complete application packet, which shall include official student transcripts. No service requirements or licensing assessments shall be required for any such individual.
K. L. The Board shall include in its regulations
an alternate route to licensure for elementary education preK-6 and an
alternate route to licensure for special education general curriculum K-12.
Each such alternate route to licensure shall require individuals to (i) meet
the qualifying scores on the content area assessment prescribed by the Board
for the endorsements sought and (ii) complete an alternative certification
program that provides training in the pedagogy and methodology of the
respective content or special education areas prescribed by the Board. The
curriculum of any such alternative certification program shall be approved by
the Board. Nothing in this subsection shall preclude the Board from
establishing other alternate routes to licensure.
L. M. The Board, in its regulations providing
for licensure by reciprocity established pursuant to subsection J, shall permit
applicants to submit third-party employment verification forms.
§22.1-298.2. Regulations governing education preparation programs.
A. As used in this section:
"Assessment of basic skills" means an assessment
prescribed by the Board of Education that an individual must take prior to
admission into an approved education preparation program, as prescribed by the
Board of Education in its regulations.
"Education, "education preparation
program" includes four-year bachelor's degree programs in teacher
education.
B. Education preparation programs shall meet the requirements for accreditation and program approval as prescribed by the Board of Education in its regulations.
C. The Board of Education regulations shall provide for education preparation programs offered by institutions of higher education, Virginia public school divisions, and certified providers for alternate routes to licensure.
D. The Board shall prescribe an assessment of basic skills
for individuals seeking entry into an approved education preparation program
and shall establish a minimum passing score for such assessment. The Board
also may prescribe other requirements for admission to Virginia's
approved education preparation programs in its regulations.
E. The Board shall establish accountability measures for approved education programs. Data shall be submitted to the Board on not less than a biennial basis.
§23.1-902. Education preparation programs offered by institutions of higher education.
A. Education preparation programs offered by public institutions of higher education and private institutions of higher education shall meet the requirements for accreditation and program approval as prescribed by the Board of Education in its regulations.
B. As provided in §22.1-298.2, the Board of Education
shall prescribe an assessment of basic skills for individuals seeking entry
into an approved education preparation program and shall establish a minimum
passing score for such assessment. The Board of Education may prescribe in
its regulations other requirements for admission to approved education
preparation programs in the Commonwealth.
C. Any candidate who fails to achieve the minimum score established by the Board of Education may be denied entrance into an education preparation program on the basis of such failure, but any such candidate who gains entrance and enrolls in an education preparation program shall have the opportunity to address all deficiencies.
