                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) STANDARD 2. INSTRUCTIONAL, ADMINISTRATIVE, AND SUPPORT
PERSONNEL (§ 22.1-253.13:2)

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 in the
relevant subject areas.

C. Each school board shall assign licensed instructional personnel in a manner
that produces divisionwide ratios of students in average daily membership to
full-time equivalent teaching positions, excluding special education teachers,
principals, assistant principals, school counselors or certain other licensed
individuals as set forth in subdivision H 4, and librarians, that are not
greater than the following ratios: (i) 24 to one in kindergarten with no class
being larger than 29 students; if the average daily membership in any
kindergarten class exceeds 24 pupils, a full-time teacher&#8217;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 one in 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. After September 30 of any school year, anytime
the number of students in a class exceeds the class size limit established by
this subsection, the local school division shall notify the parent of each
student in such class of such fact no later than 10 days after the date on which
the class exceeded the class size limit. Such notification shall state the
reason that the class size exceeds the class size limit and describe the
measures that the local school division will take to reduce the class size to
comply with this subsection.
			Within its regulations governing special education programs, the Board shall
seek to set pupil/teacher ratios for pupils with intellectual disability that do
not exceed the pupil/teacher ratios for self-contained classes for pupils with
specific learning disabilities.
			Further, school boards shall assign instructional personnel in a manner that
produces schoolwide ratios of students in average daily memberships to full-time
equivalent teaching positions of 21 to one in middle schools and high schools.
School divisions shall provide all middle and high school 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 local basic, special
education, gifted, and career and technical education funds a minimum number of
licensed, full-time equivalent instructional personnel for each 1,000 students
in average daily membership (ADM) as set forth in the appropriation act.

E. In addition to the positions supported by basic aid and in support of regular
school year programs of prevention, intervention, and remediation, state
funding, pursuant to the appropriation act, shall be provided to fund certain
full-time equivalent instructional positions for each 1,000 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 and the appropriation
act may be used to support programs for educationally at-risk students as
identified by the local school boards.
			To provide algebra readiness intervention services required by &#xA7;
22.1-253.13:1, school divisions may employ mathematics teacher specialists to
provide the required algebra readiness intervention services. School divisions
using the Standards of Learning Algebra Readiness Initiative funding in this
manner shall only employ instructional personnel licensed by the Board.

F. In addition to the positions supported by basic aid and those in support of
regular school year programs of prevention, intervention, and remediation, state
funding, pursuant to the general appropriation act, shall be provided to support
ratios of instructional positions to English language learner students, based on
each such student&#8217;s English proficiency level, as established in the
general appropriation act, which positions may include dual language teachers
who provide instruction in English and in a second language.
			To provide flexibility in the instruction of English language learners who
have limited English proficiency and who are at risk of not meeting state
accountability standards, school divisions may use state and local funds from
the Standards of Quality Prevention, Intervention, and Remediation account to
employ additional English language learner teachers or dual language teachers to
provide instruction to identified limited English proficiency students. Using
these funds in this manner is intended to supplement the instructional services
provided in this section. School divisions using the SOQ Prevention,
Intervention, and Remediation funds in this manner shall employ only
instructional personnel licensed by the Board.

G. In addition to the full-time equivalent positions required elsewhere in this
section, each local school board shall employ one reading specialist for each
550 students in kindergarten through grade five and one reading specialist for
each 1,100 students in grades six through eight. Each such reading specialist
shall have training in science-based reading research and evidence-based
literacy instruction practices. In addition, each such reading specialist shall
have training in the identification of and the appropriate interventions,
accommodations, and teaching techniques for students with dyslexia or a related
disorder and shall serve as an advisor on dyslexia and related disorders. Such
reading specialist shall have an understanding of the definition of dyslexia and
a working knowledge of (i) techniques to help a student on the continuum of
skills with dyslexia; (ii) dyslexia characteristics that may manifest at
different ages and grade levels; (iii) the basic foundation of the keys to
reading, including multisensory, explicit, systemic, and structured reading
instruction; and (iv) appropriate interventions, accommodations, and assistive
technology supports for students with dyslexia.
			To provide reading intervention services required by &#xA7; 22.1-253.13:1,
school divisions may employ reading specialists to provide the required reading
intervention services. School divisions using the Early Reading Intervention
Initiative funds in this manner shall employ only instructional personnel
licensed by the Board. Local school divisions that employ a sufficient number of
reading specialists to meet this staffing standard may assign reading
specialists to grade levels according to grade levels with greatest need,
regardless of the individual staffing standards established for grades
kindergarten through five and six through eight.

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

   1. Principals, one full-time in each elementary school, middle school, and
   high school, to be 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, one
   full-time for each 600 students; assistant principals in high schools, one
   full-time for each 600 students; and school divisions that employ a sufficient
   number of assistant principals to meet this staffing requirement may assign
   assistant principals to schools within the division according to the area of
   greatest need, regardless of whether such schools are elementary, middle, or
   secondary;

   3. Librarians in elementary schools, one part-time to 299 students, one
   full-time at 300 students; librarians in middle schools, one-half time to 299
   students, 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 at
   300 students, two full-time at 1,000 students. Local school divisions that
   employ a sufficient number of librarians to meet this staffing requirement may
   assign librarians to schools within the division according to the area of
   greatest need, regardless of whether such schools are elementary, middle, or
   secondary; and

   4. School counselors, one full-time equivalent position per 325 students in
   grades kindergarten through 12.
   				However, in order to meet the staffing requirements set forth in this
   subdivision, any local school board (i) may employ, under a provisional
   license issued by the Department for three school years with an allowance for
   an additional two-year extension with the approval of the division
   superintendent, any professional counselor licensed by the Board of
   Counseling, clinical social worker licensed by the Board of Social Work,
   psychologist licensed by the Board of Psychology, or other licensed counseling
   professional with appropriate experience and training, provided that any such
   individual makes progress toward completing the requirements for full
   licensure as a school counselor during such period of employment or (ii) in
   the event that the school board does not receive any application from a
   licensed school counselor, professional counselor, clinical social worker, or
   psychologist or another licensed counseling professional with appropriate
   experience and training to fill a school counselor vacancy in the school
   division, may enter into an annual contract with another entity for the
   provision of school counseling services by a licensed professional counselor,
   clinical social worker, or psychologist or another licensed counseling
   professional with appropriate experience and training. Local school boards
   that employ a sufficient number of individuals to meet the staffing
   requirements set forth in this subdivision may assign such individuals to
   schools within the division according to the area of greatest need, regardless
   of whether such schools are elementary, middle, or high schools.

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

J. Local school boards shall employ two full-time equivalent positions per 1,000
students in grades kindergarten through 12, one to provide technology support
and one to serve as an instructional technology resource teacher.
			To provide flexibility, school divisions may use the state and local funds
for instructional technology resource teachers to employ a data coordinator
position, an instructional technology resource teacher position, or a data
coordinator/instructional resource teacher blended position. The data
coordinator position is intended to serve as a resource to principals and
classroom teachers in the area of data analysis and interpretation for
instructional and school improvement purposes, as well as for overall data
management and administration of state assessments. School divisions using these
funds in this manner shall employ only instructional personnel licensed by the
Board.

K. Local school boards may employ additional positions that exceed these minimal
staffing requirements. These additional positions may include, but are not
limited to, those funded through the state&#8217;s incentive and categorical
programs as set forth in the appropriation act.

L. A combined school, such as kindergarten through 12, shall meet at all grade
levels the staffing requirements for the highest grade level in that school;
this requirement shall apply to all staff, except for school counselors or
certain other licensed individuals as set forth in subdivision H 4, and shall be
based on the school&#8217;s total enrollment. The Board may grant waivers from
these staffing levels upon request from local school boards seeking to implement
experimental or innovative programs that are not consistent with these staffing
levels.

M. School boards shall, however, annually, on or before December 31, report to
the public (i) the actual pupil/teacher ratios in elementary school classrooms
in the local school division by school for the current school year; and (ii) the
actual pupil/teacher ratios in middle school and high school in the local school
division by school for the current school year. Actual pupil/teacher ratios
shall include only the teachers who teach the grade and class on a full-time
basis and shall exclude resource personnel. School boards shall report
pupil/teacher ratios that include resource teachers in the same annual report.
Any classes funded through the voluntary kindergarten through third grade class
size reduction program shall be identified as such classes. Any classes having
waivers to exceed the requirements of this subsection shall also be identified.
Schools shall be identified; however, the data shall be compiled in a manner to
ensure the confidentiality of all teacher and pupil identities.

N. Students enrolled in a public school on a less than full-time basis shall be
counted in ADM in the relevant school division. Students who are either (i)
enrolled in a nonpublic school or (ii) receiving home instruction pursuant to
&#xA7; 22.1-254.1, and who are enrolled in public school on a less than
full-time basis in any mathematics, science, English, history, social science,
career and technical education, fine arts, foreign language, or health education
or physical education course shall be counted in the ADM in the relevant school
division on a pro rata basis as provided in the appropriation act. Each such
course enrollment by such students shall be counted as 0.25 in the ADM; however,
no such nonpublic or home school student shall be counted as more than one-half
a student for purposes of such pro rata calculation. Such calculation shall not
include enrollments of such students in any other public school courses.

O. Each school board shall provide at least three specialized student support
positions per 1,000 students. For purposes of this subsection, specialized
student support positions include school social workers, school psychologists,
school nurses, licensed behavior analysts, licensed assistant behavior analysts,
and other licensed health and behavioral positions, which may either be employed
by the school board or provided through contracted services.
			In order to fill vacant school psychologist positions, any local school board
may employ, under a provisional license issued by the Department for three
school years with an allowance for an additional two-year extension with the
approval of the division superintendent, clinical psychologists licensed by the
Board of Psychology, provided that any such individual makes progress toward
completing the requirements for full licensure as a school psychologist during
such period of employment.

P. Each local school board shall provide those support services that are
necessary for the efficient and cost-effective operation and maintenance of its
public schools.
			For the purposes of this title, unless the context otherwise requires,
&#8220;support services positions&#8221; shall include the following:

   1. Executive policy and leadership positions, including school board members,
   superintendents and assistant superintendents;

   2. Fiscal and human resources positions, including fiscal and audit
   operations;

   3. Student support positions, including (i) social work administrative
   positions not included in subsection O; (ii) school counselor administrative
   positions not included in subdivision H 4; (iii) homebound administrative
   positions supporting instruction; (iv) attendance support positions related to
   truancy and dropout prevention; and (v) health and behavioral administrative
   positions not included in subsection O;

   4. Instructional personnel support, including professional development
   positions and library and media positions not included in subdivision H 3;

   5. Technology professional positions not included in subsection J;

   6. Operation and maintenance positions, including facilities; pupil
   transportation positions; operation and maintenance professional and service
   positions; and security service, trade, and laborer positions;

   7. Technical and clerical positions for fiscal and human resources, student
   support, instructional personnel support, operation and maintenance,
   administration, and technology; and

   8. School-based clerical personnel in elementary schools; part-time to 299
   students, one full-time at 300 students; clerical personnel in middle schools;
   one full-time and one additional full-time for each 600 students beyond 200
   students and one full-time for the library at 750 students; clerical personnel
   in high schools; one full-time and one additional full-time for each 600
   students beyond 200 students and one full-time for the library at 750
   students. Local school divisions that employ a sufficient number of
   school-based clerical personnel to meet this staffing requirement may assign
   the clerical personnel to schools within the division according to the area of
   greatest need, regardless of whether such schools are elementary, middle, or
   secondary.
   				Pursuant to the appropriation act, support services shall be funded from
   basic school aid.
   				School divisions may use the state and local funds for support services to
   provide additional instructional services.

Q. Notwithstanding the provisions of this section, when determining the
assignment of instructional and other licensed personnel in subsections C
through J, a local school board shall not be required to include full-time
students of approved virtual school programs.

R. Each local school board shall designate a faculty member to serve as a
special education parent/family liaison. The special education parent/family
liaison shall serve as a resource to parents and families to understand and
engage in (i) the referral, evaluation, reevaluation, and eligibility process if
they suspect that their child has a disability and (ii) the IEP process and
shall work in collaboration with the special education family support centers
established pursuant to &#xA7; 22.1-214.5. Each school board shall post the name
of the designated special education parent/family liaison publicly on its
website.

S. Each local school board shall designate a faculty member to serve as the
high-quality instructional materials liaison. Such liaison shall receive support
from the Department to serve as a resource for the division and its schools to
select and implement textbooks and other high-quality instructional materials
and aligned professional learning resources.

HISTORY: 1988, cc. 645, 682; 1991, c. 480; 1997, c. 828; 2004, cc. 939, 955;
2005, cc. 331, 450; 2010, cc. 537, 817; 2011, cc. 55, 74; 2012, cc. 476, 507;
2013, cc. 123, 157, 158, 224; 2016, c. 646; 2017, cc. 321, 626, 629; 2018, c.
484; 2019, cc. 139, 796; 2020, cc. 582, 635, 952, 953, 1034, 1035; 2021, Sp.
Sess. I, c. 454; 2022, cc. 168, 205, 549, 550; 2022, Sp. Sess. I, c. 21; 2023,
cc. 348, 349, 645, 646; 2024, cc. 468, 502, 743, 766; 2025, cc. 680, 683.