P.O. BOX 2120



June 20, 2008



Division Superintendents



Billy K. Cannaday, Jr.

Superintendent of Public Instruction



Amendments to the Code of Virginia Permitting the Board of Education to Extend a Provisional License for a Teacher who is Activated or Deployed for Military Service

This memorandum provides information regarding a revision to Section 22.1-299 of the Code of Virginia passed by the 2008 Virginia General Assembly. This amendment permits the Board of Education to extend a three-year provisional license for a teacher who is activated or deployed for military service within a school year. Below is the revised Code section, and the amendments are noted in italics.

Section 22.1-299. License required of teachers.

No teacher shall be regularly employed by a school board or paid from public funds unless such teacher holds a license or provisional license issued by the Board of Education or a three-year local eligibility license issued by a local school board pursuant to 22.1-299.3. Notwithstanding the provision in 22.1-298.1 that the provisional license is limited to three years, if a teacher employed in Virginia under a provisional license is activated or deployed for military service within a school year (July 1-June 30), an additional year will be added to the teacher's provisional license for each school year or portion thereof the teacher is activated or deployed. The additional year or years shall be granted the following year or years after the return of the teacher from deployment or activation. Local school divisions may grant similar extensions for local eligibility licenses in their discretion.

In accordance with regulations prescribed by the Board, a person not meeting the requirements for a license or provisional license may be employed and paid from public funds by a school board temporarily as a substitute teacher to meet an emergency.


This act to amend the Code became effective upon its passage. Please submit any requests, in writing, for the extension directly to Dr. James L. Lanham, director of licensure. If you have any questions, please do not hesitate to contact Mrs. Patty S. Pitts, assistant superintendent for teacher education and licensure, by e-mail at or by telephone at (804) 371-2522 or Dr. Lanham by e-mail at or by telephone at (804) 371-2471.