22.1-253.13:2 - Standard 2. Instructional, administrative, and support personnel - Virginia Statutes

§ 22.1-253.13:2. Standard 2. Instructional, administrative,and support personnel.

A. The Board shall establish requirements for the licensing ofteachers, principals, superintendents, and other professional personnel.

B. School boards shall employ licensed instructional personnelqualified in the relevant subject areas.

C. Each school board shall assign licensed instructionalpersonnel in a manner that produces divisionwide ratios of students in averagedaily membership to full-time equivalent teaching positions, excluding specialeducation teachers, principals, assistant principals, counselors, andlibrarians, that are not greater than the following ratios: (i) 24 to one inkindergarten with no class being larger than 29 students; if the average dailymembership in any kindergarten class exceeds 24 pupils, a full-time teacher'saide shall be assigned to the class; (ii) 24 to one in grades one, two, andthree with no class being larger than 30 students; (iii) 25 to one in gradesfour through six with no class being larger than 35 students; and (iv) 24 toone in English classes in grades six through 12.

Within its regulations governing special education programs,the Board shall seek to set pupil/teacher ratios for pupils with mentalretardation that do not exceed the pupil/teacher ratios for self-containedclasses for pupils with specific learning disabilities.

Further, school boards shall assign instructional personnel ina manner that produces schoolwide ratios of students in average dailymemberships to full-time equivalent teaching positions of 21 to one in middleschools and high schools. School divisions shall provide all middle and highschool teachers with one planning period per day or the equivalent,unencumbered of any teaching or supervisory duties.

D. Each local school board shall employ with state and localbasic, special education, gifted, and career and technical education funds aminimum number of licensed, full-time equivalent instructional personnel foreach 1,000 students in average daily membership (ADM) as set forth in theappropriation act. Calculations of kindergarten positions shall be based onfull-day kindergarten programs. Beginning with the March 31 report of averagedaily membership, those school divisions offering half-day kindergarten with pupil/teacherratios that exceed 30 to one shall adjust their average daily membership forkindergarten to reflect 85 percent of the total kindergarten average dailymemberships, as provided in the appropriation act.

E. In addition to the positions supported by basic aid and insupport of regular school year programs of prevention, intervention, andremediation, state funding, pursuant to the appropriation act, shall beprovided to fund certain full-time equivalent instructional positions for each1,000 students in grades K through 12 who are identified as needing prevention,intervention, and remediation services. State funding for prevention,intervention, and remediation programs provided pursuant to this subsection andthe appropriation act may be used to support programs for educationally at-riskstudents as identified by the local school boards.

F. In addition to the positions supported by basic aid andthose in support of regular school year programs of prevention, intervention,and remediation, state funding, pursuant to the appropriation act, shall beprovided to support 17 full-time equivalent instructional positions for each1,000 students identified as having limited English proficiency.

G. In addition to the full-time equivalent positions requiredelsewhere in this section, each local school board shall employ the followingreading specialists in elementary schools, one full-time in each elementaryschool at the discretion of the local school board.

H. Each local school board shall employ, at a minimum, thefollowing full-time equivalent positions for any school that reports fallmembership, according to the type of school and student enrollment:

1. Principals in elementary schools, one half-time to 299students, one full-time at 300 students; principals in middle schools, onefull-time, to be employed on a 12-month basis; principals in high schools, onefull-time, to be employed on a 12-month basis;

2. Assistant principals in elementary schools, one half-timeat 600 students, one full-time at 900 students; assistant principals in middleschools, one full-time for each 600 students; assistant principals in highschools, one full-time for each 600 students;

3. Librarians in elementary schools, one part-time to 299students, one full-time at 300 students; librarians in middle schools, one-halftime to 299 students, one full-time at 300 students, two full-time at 1,000students; librarians in high schools, one half-time to 299 students, onefull-time at 300 students, two full-time at 1,000 students;

4. Guidance counselors in elementary schools, one hour per dayper 100 students, one full-time at 500 students, one hour per day additionaltime per 100 students or major fraction thereof; guidance counselors in middleschools, one period per 80 students, one full-time at 400 students, oneadditional period per 80 students or major fraction thereof; guidance counselorsin high schools, one period per 70 students, one full-time at 350 students, oneadditional period per 70 students or major fraction thereof; and

5. Clerical personnel in elementary schools, part-time to 299students, one full-time at 300 students; clerical personnel in middle schools,one full-time and one additional full-time for each 600 students beyond 200students and one full-time for the library at 750 students; clerical personnelin high schools, one full-time and one additional full-time for each 600students beyond 200 students and one full-time for the library at 750 students.

I. Local school boards shall employ five full-time equivalentpositions per 1,000 students in grades kindergarten through five to serve aselementary resource teachers in art, music, and physical education.

J. Local school boards shall employ two full-time equivalentpositions per 1,000 students in grades kindergarten through 12, one to providetechnology support and one to serve as an instructional technology resourceteacher.

K. Local school boards may employ additional positions thatexceed these minimal staffing requirements. These additional positions mayinclude, but are not limited to, those funded through the state's incentive andcategorical programs as set forth in the appropriation act.

L. A combined school, such as kindergarten through 12, shallmeet at all grade levels the staffing requirements for the highest grade levelin that school; this requirement shall apply to all staff, except for guidancecounselors, and shall be based on the school's total enrollment; guidancecounselor staff requirements shall, however, be based on the enrollment at thevarious school organization levels, i.e., elementary, middle, or high school.The Board of Education may grant waivers from these staffing levels uponrequest from local school boards seeking to implement experimental orinnovative programs that are not consistent with these staffing levels.

M. School boards shall, however, annually, on or beforeJanuary 1, report to the public the actual pupil/teacher ratios in elementaryschool classrooms by school for the current school year. Such actual ratiosshall include only the teachers who teach the grade and class on a full-timebasis and shall exclude resource personnel. School boards shall reportpupil/teacher ratios that include resource teachers in the same annual report.Any classes funded through the voluntary kindergarten through third grade classsize reduction program shall be identified as such classes. Any classes havingwaivers to exceed the requirements of this subsection shall also be identified.Schools shall be identified; however, the data shall be compiled in a manner toensure the confidentiality of all teacher and pupil identities.

N. Students enrolled in a public school on a less thanfull-time basis shall be counted in ADM in the relevant school division.Students who are either (i) enrolled in a nonpublic school or (ii) receivinghome instruction pursuant to § 22.1-254.1, and who are enrolled in publicschool on a less than full-time basis in any mathematics, science, English,history, social science, career and technical education, fine arts, foreignlanguage, or health education or physical education course shall be counted inthe ADM in the relevant school division on a pro rata basis as provided in theappropriation act. Each such course enrollment by such students shall becounted as 0.25 in the ADM; however, no such nonpublic or home school studentshall be counted as more than one-half a student for purposes of such pro ratacalculation. Such calculation shall not include enrollments of such students inany other public school courses.

O. Each local school board shall provide those supportservices that are necessary for the efficient and cost-effective operation andmaintenance of its public schools.

For the purposes of this title, unless the context otherwiserequires, "support services" shall include services provided by theschool board members; the superintendent; assistant superintendents; studentservices (including guidance counselors, social workers, and homebound,improvement, principal's office, and library-media positions); attendance andhealth positions; administrative, technical, and clerical positions; operationand maintenance positions; educational technology positions; school nurses; andpupil transportation positions.

Pursuant to the appropriation act, support services shall befunded from basic school aid on the basis of prevailing statewide costs.

P. Notwithstanding the provisions of this section, whendetermining the assignment of instructional and other licensed personnel insubsections C through J, a local school board shall not be required to includefull-time students of approved virtual school programs.

(1988, cc. 645, 682; 1991, c. 480; 1997, c. 828; 2004, cc.939, 955; 2005, cc. 331, 450; 2010, cc. 537, 817.)