Bill Text: VA HB632 | 2024 | Regular Session | Prefiled
Bill Title: Teachers; changes to provisions relating to licensure and certification, reciprocity.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2024-04-08 - Governor: Acts of Assembly Chapter text (CHAP0642) [HB632 Detail]
Download: Virginia-2024-HB632-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§22.1-298.1, as it shall become effective, and 22.1-299.5 of the Code of Virginia are amended and reenacted as follows:
§22.1-298.1. (For effective date, see Acts 2022, cc. 549 and 550, cl. 2) 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 guidelines developed pursuant to subsection N O
or 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 Board-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 the
issuance of a license as a
teacher in the Commonwealth
to an individual coming into the Commonwealth from another state when that
individual meets certain conditions specified in the Board
of Education's Board'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 or by a division superintendent as
permitted pursuant to subdivision D 5 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 Board's regulations for
licensure, but who may need to take additional coursework, 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 Board's
regulations.
"Subject matter expert teaching certificate" means a teaching certificate issued in accordance with the provisions of subsection P, the purpose of which is to provide high-quality teaching candidates who have relevant work experience or expertise in a content or subject matter area an accelerated path toward a renewable license.
"Universal licensure by reciprocity" means the issuance of a license as a teacher in the Commonwealth to any individual who holds a valid out-of-state teaching license with full credentials and without deficiencies that is in force at the time the application for a license as a teacher in the Commonwealth is received by the Department, regardless of whether the teacher preparation program that such individual completed is a traditional teacher preparation program, a Grow Your Own program, or an alternative teacher preparation program.
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 procedures for (i) the denial, suspension, cancellation, revocation,
and reinstatement of licensure; (ii) written reprimand of license holders on
grounds established by the Board, in accordance with law, notice of which shall
be made by the Superintendent of Public Instruction
to division superintendents or their designated representatives; and (iii) 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 (a)
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; (b) 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 (c) 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. In the case of a teacher
who is the subject of a founded complaint of child abuse or neglect and whose
license has been revoked pursuant to this subsection, in the event that a court
reverses such finding of abuse or neglect and the individual submits to the
Department an application for the reinstatement of his license as a teacher,
the Board shall consider and act upon such application no later than 90 days
after the date of submission. 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 Board's regulations shall
include requirements that a person seeking initial licensure:
1. 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. The literacy assessment for any individual seeking initial licensure with an endorsement in early/primary education preschool through grade three, elementary education preschool through grade six, special education general curriculum kindergarten through grade 12, special education deaf and hard of hearing preschool through grade 12, or special education blindness/visual impairments preschool through grade 12 or as a reading specialist shall include a rigorous test of science-based reading research and evidence-based literacy instruction;
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 division superintendent 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, 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;
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;
8. Every person seeking initial licensure as a teacher who has
not received the instruction described in subsection D of §23.1-902 shall
receive instruction or training on positive behavior interventions and
supports; crisis prevention and de-escalation; the use of physical restraint
and seclusion, consistent with regulations of the Board of
Education; and appropriate alternative methods to reduce
and prevent the need for the use of physical restraint and seclusion;
9. Every person seeking initial licensure or renewal of a license shall complete instruction or training in cultural competency;
10. Every person seeking initial licensure or renewal of a license with an endorsement in history and social sciences shall complete instruction in African American history, as prescribed by the Board;
11. Every person seeking renewal of a license as a teacher shall complete training in the instruction of students with disabilities that includes (i) differentiating instruction for students depending on their needs; (ii) understanding the role of general education teachers on the individualized education program team; (iii) implementing effective models of collaborative instruction, including co-teaching; and (iv) understanding the goals and benefits of inclusive education for all students; and
12. Every person seeking initial licensure with an endorsement in early/primary education preschool through grade three, elementary education preschool through grade six, special education general curriculum kindergarten through grade 12, special education deaf and hard of hearing preschool through grade 12, or special education blindness/visual impairments preschool through grade 12 or as a reading specialist shall complete study in science-based reading research and evidence-based literacy instruction.
E. No teacher who seeks a provisional license shall be required to meet any requirement set forth in subdivision D 1, 3, 6, or 8 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 or, at the discretion of the school board and division superintendent, within six months if the individual has received a satisfactory mid-year performance review in the current school year; (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 or high school principal
may waive for any individual whom it he 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.
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.
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. The literacy assessment for any individual seeking initial licensure through an alternate route with an endorsement in early/primary education preschool through grade three, elementary education preschool through grade six, special education general curriculum kindergarten through grade 12, special education deaf and hard of hearing preschool through grade 12, or special education blindness/visual impairments preschool through grade 12 or as a reading specialist shall include a rigorous test of science-based reading research and evidence-based literacy instruction; and
4. Met the requirements set forth in subdivisions D 1 and 3.
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; (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; and (iii) may provide for the issuance of a provisional license, valid for a period not to exceed three years, to any individual who has held within the last five years a valid and officially issued and recognized license or certification to teach issued by an entity outside of the United States but does not meet the requirements for a renewable license if the individual's license or certification to teach has been evaluated and verified by an entity approved by the Department.
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; and
2. For any spouse of an active duty or reserve member of the
Armed Forces of the United States or a member of the Virginia National Guard
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. Each such individual shall
establish a file in the Department by submitting a complete application packet,
which shall include official student transcripts and an official copy of the
military permanent assignment orders of the individual's spouse. No service
requirements or licensing assessments shall be required for any such
individual. The Department shall determine and communicate such individual's
eligibility for licensure by reciprocity within 15 business days of receipt of
the complete application packet; 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. Each such
individual shall establish a file in the Department by submitting a complete
application packet, which shall include official student transcriptsL. The Board's licensure
regulations shall also provide for universal licensure by reciprocity.
No service requirements or licensing assessments shall be required for any such individual who applies for universal licensure by
reciprocity. Any individual who applies for universal licensure
by reciprocity shall provide a copy of the individual's valid
out-of-state teaching license with full credentials and without deficiencies
that is in force at the time of
application. Any such individual shall be subject to the
provisions of §§22.1-296.2 and
22.1-296.4. The Department shall prioritize applications
for universal licensure by reciprocity.
L. M. The Board shall include in
its regulations an alternate route to licensure for elementary education
preschool through grade six and an alternate route to licensure for special
education general curriculum kindergarten through grade 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.
M. N. The Board, in its
regulations providing for licensure by reciprocity established pursuant to subsection
subsections K and L,
shall (i) permit applicants to submit third-party employment verification forms
and (ii) grant special consideration to individuals who have successfully
completed a program offered by a provider that is accredited by the Council for
the Accreditation of Educator Preparation.
N. O. The Board shall develop
guidelines that establish a process to permit a school board or any
organization sponsored by a school board to petition the Board for approval of
an alternate route to licensure that may be used to meet the requirements for a
provisional or renewable license or any endorsement. Any such alternate route
may include alternatives to the regulatory requirements for teacher
preparation, including alternative professional assessments and coursework. The
petitioner may proffer or the Board may impose conditions in conjunction with
the approval of such petition.
P. Any local school division or comprehensive community college may issue a subject matter expert teaching certificate to any individual who has expertise in a content or subject matter area in order for such individual to provide instruction or coursework in such content or subject matter area in grades six through 12 at any public school in the Commonwealth or at a comprehensive community college in the Commonwealth, including dual enrollment or concurrent enrollment courses, provided that such individual has a baccalaureate degree and:
1. Demonstrates by providing written proof of employment that the individual has taught courses relevant to the content or subject matter area for the last two consecutive years or for a total of at least three years at one or more regionally or nationally accredited public or private institutions of higher education;
2. Has a baccalaureate degree, a master's degree, or a doctoral degree in the relevant content or subject matter area;
3. Demonstrates that the individual has gained expertise in the relevant content or subject matter area through at least five years of relevant work experience by providing the Board with written proof of employment or valid licensure in such field; or
4. Demonstrates knowledge proficiency through passing a competency-based exam.
Q. No individual who seeks a subject matter expert teaching certificate pursuant to subsection P shall be required, as a condition of the issuance of such certificate, to (i) demonstrate professional knowledge proficiency except as otherwise required in subsection P or (ii) accept employment with the school division or comprehensive community college from which the individual seeks such certificate. However, each such individual shall be subject to all applicable requirements for initial licensure that are set forth in subsection D.
R. Any individual who is issued a subject matter expert teaching certificate is eligible for a renewable license upon at least three years of teaching experience under such certificate.
S. Each school board shall evaluate subject matter expert teachers in the school division consistent with the performance objectives set forth in the Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers, Administrators, and Superintendents as required by §22.1-253.13:5.
T. Each school division shall annually report to the Department the number of subject matter expert teaching certificates issued for part-time teaching positions and full-time teaching positions pursuant to this section, delineated by subject area, course, and grade level. The Department shall annually track and report on its website the number of adjunct teaching certificates issued by school divisions, delineated by school division, school, subject area, course, and grade level.
U. As used in this section:
"Concurrent enrollment" means a program whereby a postsecondary course is taught at the high school, the institution of higher education, or online by approved high school faculty, adjunct college faculty, or college faculty. "Concurrent enrollment" includes associate degree transfer programs, career and technical education programs, and noncredit industry-recognized credentials including those offered through the Virginia Community College System workforce programs that are funded through the New Economy Workforce Credentials Grant Program.
"Dual enrollment" means a program whereby a high school student simultaneously receives dual high school credit and transcript college credit for a college-level course offered in the high school.
§22.1-299.5. Waiver of teacher licensure requirements; trade and industrial education programs.
A. Notwithstanding any provision of law to the contrary, any
division superintendent may apply to the Department
of Education for a biennial waiver of waive
the teacher licensure requirements for any individual whom the local school
board hires or seeks to hire to teach in a trade and industrial education
program who has obtained or is working toward an industry credential relating
to the program area and who has at least 4,000 hours of recent and relevant employment
experience, as defined by the Board pursuant to regulation.
B. The Department of Education
shall establish a procedure for submitting, receiving,
and acting upon such biennial waiver applications.