2006 Code of Virginia § 22.1-253.13:2 - Standard 2. Instructional, administrative, and support personnel

22.1-253.13:2. Standard 2. Instructional, administrative, and supportpersonnel.

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

B. School boards shall employ licensed instructional personnel qualified inthe relevant subject areas.

C. Each school board shall assign licensed instructional personnel in amanner that produces divisionwide ratios of students in average dailymembership 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 averagedaily membership in any kindergarten class exceeds 24 pupils, a full-timeteacher's aide shall be assigned to the class; (ii) 24 to one in grades one,two, and three with no class being larger than 30 students; (iii) 25 to onein grades four through six with no class being larger than 35 students; and(iv) 24 to one in English classes in grades six through 12.

Within its regulations governing special education programs, the Board shallseek to set pupil/teacher ratios for pupils with mental retardation that donot exceed the pupil/teacher ratios for self-contained classes for pupilswith specific learning disabilities.

Further, school boards shall assign instructional personnel in a manner thatproduces schoolwide ratios of students in average daily memberships tofull-time equivalent teaching positions of 21 to one in middle schools andhigh schools. School divisions shall provide all middle and high schoolteachers with one planning period per day or the equivalent, unencumbered ofany teaching or supervisory duties.

D. Each local school board shall employ with state and local basic, specialeducation, gifted, and career and technical education funds a minimum numberof licensed, full-time equivalent instructional personnel for each 1,000students in average daily membership (ADM) as set forth in the appropriationact. Calculations of kindergarten positions shall be based on full-daykindergarten programs. Beginning with the March 31 report of average dailymembership, those school divisions offering half-day kindergarten withpupil/teacher ratios that exceed 30 to one shall adjust their average dailymembership for kindergarten to reflect 85 percent of the total kindergartenaverage daily memberships, as provided in the appropriation act.

E. In addition to the positions supported by basic aid and in support ofregular school year programs of prevention, intervention, and remediation,state funding, pursuant to the appropriation act, shall be provided to fundcertain full-time equivalent instructional positions for each 1,000 studentsin 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 subsectionand the appropriation act may be used to support programs for educationallyat-risk students as identified by the local school boards.

F. In addition to the positions supported by basic aid and those in supportof regular school year programs of prevention, intervention, and remediation,state funding, pursuant to the appropriation act, shall be provided tosupport 17 full-time equivalent instructional positions for each 1,000students identified as having limited English proficiency.

G. In addition to the full-time equivalent positions required elsewhere inthis section, each local school board shall employ the following readingspecialists in elementary schools, one full-time in each elementary school atthe discretion of the local school board.

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

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

2. Assistant principals in elementary schools, one half-time at 600 students,one full-time at 900 students; assistant principals in middle schools, onefull-time for each 600 students; assistant principals in high schools, onefull-time for each 600 students;

3. Librarians in elementary schools, one part-time to 299 students, onefull-time at 300 students; librarians in middle schools, one-half time to 299students, one full-time at 300 students, two full-time at 1,000 students;librarians in high schools, one half-time to 299 students, one full-time at300 students, two full-time at 1,000 students;

4. Guidance counselors in elementary schools, one hour per day per 100students, one full-time at 500 students, one hour per day additional time per100 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; guidancecounselors in high schools, one period per 70 students, one full-time at 350students, one additional period per 70 students or major fraction thereof; and

5. Clerical personnel in elementary schools, part-time to 299 students, onefull-time at 300 students; clerical personnel in middle schools, onefull-time and one additional full-time for each 600 students beyond 200students and one full-time for the library at 750 students; clericalpersonnel in high schools, one full-time and one additional full-time foreach 600 students beyond 200 students and one full-time for the library at750 students.

I. Local school boards shall employ five full-time equivalent positions per1,000 students in grades kindergarten through five to serve as elementaryresource teachers in art, music, and physical education.

J. Local school boards shall employ two full-time equivalent positions per1,000 students in grades kindergarten through 12, one to provide technologysupport and one to serve as an instructional technology resource teacher.

K. Local school boards may employ additional positions that exceed theseminimal staffing requirements. These additional positions may include, butare 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, shall meet at allgrade levels the staffing requirements for the highest grade level in thatschool; 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 atthe various school organization levels, i.e., elementary, middle, or highschool. The Board of Education may grant waivers from these staffing levelsupon request 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 before January 1, report tothe public the actual pupil/teacher ratios in elementary school classrooms byschool for the current school year. Such actual ratios shall include only theteachers who teach the grade and class on a full-time basis and shall excluderesource personnel. School boards shall report pupil/teacher ratios thatinclude resource teachers in the same annual report. Any classes fundedthrough the voluntary kindergarten through third grade class size reductionprogram shall be identified as such classes. Any classes having waivers toexceed the requirements of this subsection shall also be identified. Schoolsshall 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 than full-time basis shallbe counted in ADM in the relevant school division. Students who are either(i) enrolled in a nonpublic school or (ii) receiving home instructionpursuant to 22.1-254.1, and who are enrolled in public school on a lessthan full-time basis in any mathematics, science, English, history, socialscience, career and technical education, fine arts, foreign language, orhealth education or physical education course shall be counted in the ADM inthe 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 prorata calculation. Such calculation shall not include enrollments of suchstudents in any other public school courses.

O. Each local school board shall provide those support services that arenecessary for the efficient and cost-effective operation and maintenance ofits public schools.

For the purposes of this title, unless the context otherwise requires,"support services" shall include services provided by the school boardmembers; the superintendent; assistant superintendents; student services(including guidance counselors, social workers, and homebound, improvement,principal's office, and library-media positions); attendance and healthpositions; administrative, technical, and clerical positions; operation andmaintenance positions; educational technology positions; school nurses; andpupil transportation positions.

Pursuant to the appropriation act, support services shall be funded frombasic school aid on the basis of prevailing statewide costs.

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