dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.033. Inspection of unlicensed child care operations; inspection warrant.
In order to perform his duties under this chapter, the Superintendent may enter and inspect any unlicensed child care operation with the consent of the owner or person in charge, or pursuant to a warrant. Administrative search warrants for inspections of child care operations, based upon a petition demonstrating probable cause and supported by an affidavit, may be issued ex parte by any judge having authority to issue criminal warrants whose territorial jurisdiction includes the child care operation to be inspected, if he is satisfied from the petition and affidavit that there is reasonable and probable cause for the inspection. The affidavit shall contain either a statement that consent to inspect has been sought and refused, or that facts and circumstances exist reasonably justifying the failure to seek such consent. Such facts may include, without limitation, past refusals to permit inspection or facts establishing reason to believe that seeking consent would provide an opportunity to conceal violations of statutes or regulations. Probable cause may be demonstrated by an affidavit showing probable cause to believe that the child care operation is in violation of any provision of this chapter or any regulation adopted pursuant to this chapter, or upon a showing that the inspection is to be made pursuant to a reasonable administrative plan for the administration of this chapter. The inspection of a child care operation that has been the subject of a complaint pursuant to § 22.1-289.042 shall have preeminent priority over any other inspections of child care operations to be made by the Superintendent unless the complaint on its face or in the context of information known to the Superintendent discloses that the complaint has been brought to harass, to retaliate, or otherwise to achieve an improper purpose, and that the improper purpose casts serious doubt on the veracity of the complaint. After issuing a warrant under this section, the judge shall file the affidavit in the manner prescribed by § 19.2-54. Such warrant shall be executed and returned to the clerk of the circuit court of the city or county wherein the inspection was made.

2020, cc. 860, 861.

Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.034. Barrier crime; construction.
For purposes of this chapter, convictions for any barrier crime as defined in § 19.2-392.02 shall include prior adult convictions and juvenile convictions or adjudications of delinquency based on a crime that would be a felony if committed by an adult within or outside the Commonwealth.

2020, cc. 860, 861.
Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.037. Revocation or denial of renewal based on background checks; failure to obtain background check.
A. The Superintendent may revoke or deny renewal of a license or registration of a child day program or family day system, and a family day system may revoke the approval of a family day home, if the child day program, family day system, or approved family day home has knowledge that a person specified in § 22.1-289.035 or 22.1-289.036 required to have a background check (i) has been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth, and such person has not been granted a waiver by the Superintendent pursuant to § 22.1-289.038 or is not subject to the exceptions in subsection G of § 22.1-289.035, and the agency or home refuses to separate such person from employment or service or allows the household member to continue to reside in the home.

B. Failure to obtain background checks pursuant to §§ 22.1-289.035 and 22.1-289.036 shall be grounds for denial, revocation, or termination of a license, registration, or approval or any contract with the Department or its agents or designees or a local department of social services to provide child care services to clients of the Department or its agents or designees or the local department of social services. No violation shall occur if the family day system, family day home, or child day center has applied for the background check timely and it has not been obtained due to administrative delay. The provisions of this section shall be enforced by the Department.

2020, cc. 860, 861.
Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.038. Child day programs and family day systems; criminal conviction and waiver.
A. Any person who seeks to operate, volunteer, or work at a child day program or family day system and who is disqualified because of a criminal conviction or a criminal conviction in the background check of any other adult living in a family day home regulated by the Department, pursuant to § 22.1-289.035, 22.1-289.036, or 22.1-289.039, may apply in writing for a waiver from the Superintendent. The Superintendent may grant a waiver if the Superintendent determines that (i) the person is of good moral character and reputation and (ii) the waiver would not adversely affect the safety and well-being of children in the person's care. The Superintendent shall not grant a waiver to any person who has been convicted of any barrier crime as defined in § 19.2-392.02. However, the Superintendent may grant a waiver to a family day home licensed or registered by the Department if any other adult living in the home of the applicant or provider has been convicted of not more than one misdemeanor offense under § 18.2-57 or 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction, provided that (a) five years have elapsed following the conviction and (b) the Department has conducted a home study that includes, but is not limited to, (1) an assessment of the safety of children placed in the home and (2) a determination that the offender is now a person of good moral character and reputation. The waiver shall not be granted if the adult living in the home is an assistant or substitute provider or if such adult has been convicted of a misdemeanor offense under both §§ 18.2-57 and 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction. Any waiver granted under this section shall be available for inspection by the public. The child day program or family day system shall notify in writing every parent and guardian of the children in its care of any waiver granted for its operators, employees, or volunteers.

B. The Board shall adopt regulations to implement the provisions of this section.

2020, cc. 860, 861.
Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.039. Records check by unlicensed child day center; penalty.
Any child day center that is exempt from licensure pursuant to § 22.1-289.031 shall require all applicants for employment, employees, applicants to serve as volunteers, and volunteers and any other person who is expected to be alone with one or more children enrolled in the child day center to obtain a background check in accordance with § 22.1-289.035. A child day center that is exempt from licensure pursuant to § 22.1-289.031 shall refuse employment or service to any person who (i) has been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth. The foregoing provisions shall not apply to a parent or guardian who may be left alone with his own child. For purposes of this section, convictions shall include prior adult convictions and juvenile convictions or adjudications of delinquency based on a crime that would have been a felony if committed by an adult within or outside the Commonwealth. Further dissemination of the information provided to the facility is prohibited, except as otherwise provided in subsection J of § 22.1-289.035.

2020, cc. 860, 861; 2021, Sp. Sess. I, cc. 251, 510.
Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.04. Early childhood care and education advisory committee.
The Board shall establish an early childhood care and education advisory committee to advise the Board on programs, systems, and regulations established pursuant to this chapter. The advisory committee shall include the following members, who shall represent geographically diverse areas: (i) two representatives of publicly funded licensed providers, including at least one for-profit provider; (ii) one representative of an early childhood care and education entity that is not a publicly funded provider; (iii) two representatives of early childhood care and education entities that are license-exempt pursuant to Article 4 (§ 22.1-289.030 et seq.), including one representative of an early childhood care and education entity that is exempt from licensure pursuant to § 22.1-289.031; (iv) three representatives of Head Start providers, one of which shall be operated by a local school division, and two of which shall not be operated by a local school division; (v) two representatives from local school divisions or local school boards operating early childhood programs other than Head Start providers; (vi) two representatives of nonprofit advocacy organizations in the Commonwealth that focus on early childhood care and education; (vii) one representative of a family day home that is a publicly funded provider; (viii) two professionals or faculty members from an institution of higher education in the Commonwealth who have child development or early childhood education expertise; (ix) one representative from the Virginia chapter of the American Academy of Pediatrics; (x) one representative from an advocacy or service organization that focuses on serving children with disabilities; (xi) one representative from a business in the Commonwealth; (xii) one parent of a child currently enrolled in a preschool program offered by a publicly funded provider; (xiii) one representative of the Virginia Council on Private Education; (xiv) one representative from a statewide nonprofit association in the Commonwealth whose membership includes both before-school and afterschool nonprofit child care providers and nonprofit preschool providers; (xv) one representative from a nonprofit entity that provides child care resource and referral services related to the operation of early childhood care and education programs; and (xvi) such other members as the Board may deem appropriate. The Commissioner of Social Services or his designee, the Secretary of Education or his designee, the Secretary of Health and Human Resources or his designee, the Superintendent of Public Instruction or his designee, the Commissioner of the Department of Health or his designee, the Commissioner of the Department of Behavioral Health and Development Services or his designee, and the Director of the Head Start Collaboration Office shall serve ex officio without voting privileges. The Board shall establish bylaws for such advisory committee that include term length and limits for members.

2020, cc. 860, 861.
Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.040. Child day centers and family day homes receiving federal, state, or local child care funds; eligibility requirements.
A. Whenever any child day center or family day home that has not met the requirements of §§ 22.1-289.035, 22.1-289.036, and 22.1-289.039 applies to enter into a contract with the Department or its agents or designees to provide child care services to clients of the Department or its agents or designees, the Department or its agents or designees shall require a background check, at the time of application to enter into a contract and every five years thereafter, of (i) the applicant; any agents involved in the day-to-day operation; all agents who are alone with, in control of, or supervising one or more of the children; and any other adult living in a family day home pursuant to § 22.1-289.036; and (ii) all applicants for employment, employees, applicants to serve as volunteers, and volunteers pursuant to § 22.1-289.035. The child day center or family day home shall not be permitted to enter into a contract with the Department or its agents or designees for child care services when an applicant; any employee; a prospective employee; a volunteer, an agent involved in the day-to-day operation; an agent alone with, in control of, or supervising one or more children; or any other adult living in a family day home (i) has been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth. Further dissemination of the information provided to the facility, beyond dissemination to the Department or its agents or designees is prohibited.

B. Every child day center or family day home that enters into a contract with the Department or its agents or designees to provide child care services to clients of the Department or its agents or designees that is funded, in whole or in part, by the Child Care and Development Block Grant, shall comply with all requirements established by federal law and regulations.

2020, cc. 860, 861.

Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.041. Sex offender or child abuser prohibited from operating or residing in family day home; penalty.
It shall be unlawful for any person to operate a family day home if he, or if he knows that any other person who resides in, is employed by, or volunteers in the home, has been convicted of a felony in violation of § 18.2-48, 18.2-61, 18.2-63, 18.2-64.1, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.5, 18.2-355, 18.2-361, 18.2-366, 18.2-369, 18.2-370, 18.2-370.1, 18.2-371.1, or 18.2-374.1, has been convicted of any offense that requires registration on the Sex Offender and Crimes Against Minors Registry pursuant to § 9.1-902, or is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth. A violation of this section is punishable as a Class 1 misdemeanor.

2020, cc. 860, 861.
Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.042. Establishment of toll-free telephone line for complaints; investigation on receipt of complaints.
With such funds as are appropriated for this purpose, the Superintendent shall establish a toll-free telephone line to respond to complaints regarding operations of child day programs or family day systems. Upon receipt of a complaint concerning the operation of a child day program or family day system, regardless of whether the program is subject to licensure, the Superintendent shall, for good cause shown, cause an investigation to be made, including on-site visits as he deems necessary, of the activities, services, records, and facilities. The child day program or family day system shall afford the Superintendent reasonable opportunity to inspect all of the operator's activities, services, records, and facilities and to interview its agents and employees and any child within its control. Whenever a child day program or family day system subject to inspection under this section is determined by the Superintendent to be in noncompliance with the provisions of this chapter or with regulations adopted pursuant to this chapter, the Superintendent shall give reasonable notice to the child day program or family day system of the nature of its noncompliance and may thereafter take appropriate action as provided by law, including a suit to enjoin the operation of the child day program or family day system.

2020, cc. 860, 861.

Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.043. Confidentiality of complainant's identity.
Whenever the Department conducts inspections and investigations in response to complaints received from the public, the identity of the complainant and the identity of any child who is the subject of the complaint, or identified therein, shall be confidential and shall not be open to inspection by members of the public. Identities of the complainant and child who is the subject of the complaint shall be revealed only if a court order so requires. Nothing contained herein shall prevent the Department, in its discretion, from disclosing to the child day program or family day system the nature of the complaint or the identity of the child who is the subject of the complaint. Nothing contained herein shall prevent the Department or its employees from making reports under Chapter 15 (§ 63.2-1500 et seq.) of Title 63.2. If the Department intends to rely, in whole or in part, on any statements made by the complainant at any administrative hearing brought against child day program or family day system, the Department shall disclose the identity of the complainant to the child day program or family day system a reasonable time in advance of such hearing.

2020, cc. 860, 861.
Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.044. Retaliation or discrimination against complainants.
No child day program or family day system shall retaliate or discriminate in any manner against any person who (i) in good faith complains or provides information to, or otherwise cooperates with, the Department or any other agency of government or any person or entity operating under contract with an agency of government having responsibility for protecting the rights of children in child day programs and family day systems, (ii) attempts to assert any right protected by state or federal law, or (iii) assists any person in asserting such right.

2020, cc. 860, 861.

Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.045. Retaliation against reports of child abuse or neglect.
No child day program or family day system shall retaliate in any manner against any person who in good faith reports child abuse or neglect pursuant to Chapter 15 (§ 63.2-1500 et seq.) of Title 63.2.

2020, cc. 860, 861.
Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.047. Interagency agreements; cooperation of Department with other departments.
The Department is authorized to enter into interagency agreements with other state agencies to develop and implement regulations adopted pursuant to this chapter. Any state agency identified by the Department as appropriate to include in an interagency agreement shall participate in the development and implementation of the agreement. The Department shall assist and cooperate with other state departments in fulfilling their respective inspection responsibilities and in coordinating the regulations involving inspections. The Board may adopt regulations allowing the Department to so assist and cooperate with other state departments.

2020, cc. 860, 861.

Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.048. Program leaders and child-care supervisors at licensed child day centers; approved credential.
Program leaders and child-care supervisors employed by child day centers may possess an approved credential. For purposes of this section:

"Approved credential" means a competency-based credential awarded to individuals who work with children ages five and under in either a teaching, supervisory, or administrative capacity and that is specifically awarded or administered by the National Association for the Education of Young Children; the National Academy of Early Childhood Programs; the Association of Christian Schools International; the American Association of Christian Schools; the National Early Childhood Program Accreditation; the National Accreditation Council for Early Childhood Professional Personnel and Programs; the International Academy for Private Education; the American Montessori Society; the International Accreditation and Certification of Childhood Educators, Programs, and Trainers; the National Accreditation Commission; the Virginia Community College System, or another institution of higher education; or its equivalent as determined by the Department.

"Program leader" or "child-care supervisor" means an individual designated to be responsible for the direct supervision of children and for the implementation of the activities and services for a group of children in a licensed child day center.

2020, cc. 860, 861.
Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.049. Regulated child day programs to require proof of child identity and age; report to law-enforcement agencies.
A. Upon enrollment of a child in a regulated child day program, such child day program shall require information from the person enrolling the child regarding previous child day care and schools attended by the child. The regulated child day program shall also require that the person enrolling the child present the regulated child day program with the proof of the child's identity and age. The proof of identity, if reproduced or retained by the child day program or both, shall be destroyed upon the conclusion of the requisite period of retention. The procedures for the disposal, physical destruction, or other disposition of the proof of identity containing social security numbers shall include all reasonable steps to destroy such documents by (i) shredding, (ii) erasing, or (iii) otherwise modifying the social security numbers in those records to make them unreadable or indecipherable by any means.

B. For purposes of this section:

"Proof of identity" means a certified copy of a birth certificate or other reliable proof of the child's identity and age.

"Regulated child day program" is one in which a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of a child under the age of 13 for less than a 24-hour period that is licensed pursuant to § 22.1-289.011, voluntarily registered pursuant to § 22.1-289.015, certified as a preschool or nursery school program pursuant to § 22.1-289.032, exempted from licensure as a child day center operated by a religious institution pursuant to § 22.1-289.031, or approved as a family day home by a licensed family day system.

C. If the parent, guardian, or other person enrolling the child in a regulated child day program for longer than two consecutive days or other pattern of regular attendance does not provide the information required by subsection A within seven business days of initial attendance, such child day program shall immediately notify the local law-enforcement agency in its jurisdiction of such failure to provide the requested information.

D. Upon receiving notification of such failure to provide the information required by subsection A, the law-enforcement agency shall, if available information warrants, immediately submit an inquiry to the Missing Children Information Clearinghouse and, with the assistance of the local department of social services, if available information warrants, conduct the appropriate investigation to determine whether the child is missing.

E. The Board shall adopt regulations to implement the provisions of this section.

2020, cc. 860, 861.
Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.05. Uniform measurement and improvement system; regional entities; establishment.
A. The Board shall establish a uniform measurement and improvement system designed to provide parents and families with information about the quality and availability of publicly funded providers. Such system shall include:

1. Service provision and performance targets for children from birth to age five that align with standards for kindergarten readiness and early elementary grades;

2. Consistent quality standards;

3. Outcome-based measurements; and

4. Incentives to encourage participation and improvement.

B. All publicly funded providers shall be required to participate in the uniform measurement and improvement system established pursuant to subsection A. All other child day programs may participate in such system. Any participation in such system shall comply with all applicable federal laws and regulations, including the federal Head Start Act (42 U.S.C. § 9801 et seq.), as amended, and associated regulations.

C. The Board shall establish consequences for publicly funded providers that fail to participate in the uniform measurement and improvement system established pursuant to subsection A or persistently fail to meet minimal quality standards.

D. The Board shall establish a system of regional entities that will be responsible for coordinating early childhood care and education services, guiding quality improvement of such services and coordinated access to such services for families, and implementing the uniform measurement and improvement system.

2020, cc. 860, 861; 2022, c. 524.
Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.050. Insurance notice requirements for family day homes; civil penalty.
A. Any person who operates a family day home approved by a licensed family day system, a licensed family day home, or a voluntarily registered family day home shall furnish a written notice to the parent or guardian of each child under the care of the family day home, which states whether there is liability insurance in force to cover the operation of the family day home, provided that no person under this section shall state that liability insurance is in place to cover the operation of the family day home, unless there is a minimum amount of coverage as established by the Department.

B. Each parent or guardian shall acknowledge, in writing, receipt of such notice. In the event there is no longer insurance coverage, the person operating the family day home shall (i) notify each parent or guardian within 10 business days after the effective date of the change and (ii) obtain written acknowledgment of such notice. A copy of an acknowledgment required under this section shall be maintained on file at the family day home at all times while the child attends the family day home and for 12 months after the child's last date of attendance.

C. Any person who fails to give any notice required under this section shall be subject to a civil penalty of up to $500 for each such failure.

2020, cc. 860, 861.

Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.051. Dual licenses for certain child day centers.
Any facility licensed as a child day center which also meets the requirements for a license as a summer camp by the Department of Health under the provisions of § 35.1-18 shall be entitled to a summer camp license. Such a facility shall comply with all of the regulations adopted by the Board and the State Board of Health for each such license.

2020, cc. 860, 861.
Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.052. Asbestos inspection required for child day centers.
The Superintendent shall not issue a license to any child day center that is located in a building built prior to 1978 until he receives a written statement that the building has been inspected for asbestos, as defined by § 2.2-1162, and in accordance with the regulations for initial asbestos inspections pursuant to the federal Asbestos Hazard Emergency Response Act, 40 C.F.R. Part 763 — Asbestos Containing Materials in Schools. The inspection shall be conducted by personnel competent to identify the presence of asbestos and licensed in Virginia as an asbestos inspector and as an asbestos management planner pursuant to Chapter 5 (§ 54.1-500 et seq.) of Title 54.1. The written statement shall state whether (i) no asbestos was detected, (ii) asbestos was detected and response actions to abate any risk to human health have been completed, or (iii) asbestos was detected and response actions to abate any risk to human health have been recommended in accordance with a specified schedule and plan pursuant to applicable state and federal statutes and regulations. The statement shall include identification of any significant hazard areas, the date of the inspection and be signed by the person who inspected for the asbestos. If asbestos was detected, an operations and maintenance plan shall be developed in accordance with the regulations of the federal Asbestos Hazard Emergency Response Act and the statement shall be signed by the person who prepared the operations and maintenance plan. Any inspection, preparation of an operations and maintenance plan or response action shall be performed by competent personnel who have been licensed in accordance with the provisions of Chapter 5 of Title 54.1.

When asbestos has been detected, the applicant for licensure shall also submit to the Superintendent a written statement that response actions to abate any risk to human health have been or will be initiated in accordance with a specified schedule and plan as recommended by an asbestos management planner licensed in Virginia. This statement shall be signed by the applicant for licensure.

The written statements required by this section shall be submitted for approval to the Superintendent's representative prior to issuance of a license. The provisions of this section shall not apply to child day centers located in buildings required to be inspected pursuant to Article 5 (§ 2.2-1162 et seq.) of Chapter 11 of Title 2.2.

2020, cc. 860, 861.
Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.053. Delay in acting on application or in notification.
In case the Superintendent fails to take final action upon an application for a license within 60 days after the application is made, either by way of issuance or refusal, or fails within such time to notify the applicant thereof, it shall be lawful for the applicant to engage in the operations or activities for which the license is desired, until the Superintendent has taken final action and notified the applicant thereof; however, no application shall be deemed made until all the required information is submitted in the form prescribed by the Superintendent.

2020, cc. 860, 861.

Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.054. Visitation by parents or guardians in child day programs.
A custodial parent or guardian shall be admitted to any child day program. For purposes of this section, "child day program" is one in which a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of a child under the age of 13 for less than a 24-hour period, regardless of whether it is licensed. Such right of admission shall apply only while the child is in the child day program.

2020, cc. 860, 861.

Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.055. Public funds to be withheld for serious or persistent violations.
The Board may adopt policies, as permitted by state and federal law, to restrict the eligibility of a child day program or family day system to receive or continue to receive funds when such agency is found to be in serious or persistent violation of regulations.

2020, cc. 860, 861.

Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.055:1. Programs offered at certain residential private school.
Programs offered to students who reside at or who are affiliated with a private school accredited by the Virginia Council for Private Education, which is located west of Sandy Ridge and on the watersheds of Big Sandy River and to which no contributions are made by the Commonwealth or any agency thereof, shall not be required to obtain a licensure pursuant to Title 22.1 or 63.2. Such programs shall be subject to the safety and supervisory standards established for such school by the Virginia Council for Private Education.

2022, Sp. Sess. I, c. 2; 2023, cc. 285, 286.
Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.056. Storage of firearms in certain family day homes.
During hours of operation, all firearms in a family day home licensed pursuant to § 22.1-289.011 or voluntarily registered pursuant to § 22.1-289.011 or in a family day home approved by a family day system shall be stored unloaded in a locked container, compartment, or cabinet, and all ammunition shall be stored in a separate locked container, compartment, or cabinet. The key or combination to such locked containers, compartments, or cabinets shall be inaccessible to all children in the home.

2020, cc. 910, 911, § 63.2-1701.01.

Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.057. Child day programs and certain other programs; potable water; lead testing.
A. Each child day program that is licensed pursuant to this chapter and any program described in subdivision A 4, B 1, or B 5 of § 22.1-289.030 that serves preschool-age children shall develop and implement a plan to test potable water from sources identified by the U.S. Environmental Protection Agency as high priority, including bubbler-style and cooler-style drinking fountains, kitchen taps, classroom combination sinks and drinking fountains, home economics room sinks, teacher's lounge sinks, nurse's office sinks, classroom sinks in special education classrooms, and sinks known to be or visibly used for consumption.

B. The plan established pursuant to subsection A and the results of each test conducted pursuant to such plan shall be submitted to and reviewed by the Commissioner and the Department of Health's Office of Drinking Water.

C. If the results of any test conducted in accordance with the plan established pursuant to subsection A indicate a level of lead in the potable water that is at or above 15 parts per billion, the program shall remediate the level of lead in the potable water to below 15 parts per billion and confirm such remediation by retesting the water. The results of the retests shall be submitted to and reviewed by the Commissioner and the Department of Health's Office of Drinking Water.

D. Notwithstanding the provisions of subsection A or C, a child day program that is licensed pursuant to this chapter and any program described in subdivision A 4, B 1, or B 5 of § 22.1-289.030 may, in lieu of developing and implementing a plan to test potable water or of remediation, use for human consumption, as defined by § 32.1-167, bottled water, water coolers, or other similar water source that meets the U.S. Food and Drug Administration standards for bottled water. Any program that chooses this option shall notify the Commissioner and the Department of Health's Office of Drinking Water and the parent of each child in the program of such choice.

2020, cc. 1084, 1085, § 63.2-1705.1.
Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.058. Child day programs and certain other programs; carbon monoxide detectors.
Each building that was built before 2015 and that houses a child day program that is licensed pursuant to this chapter or any program described in subdivision A 4, B 1, or B 5 of § 22.1-289.030 that serves preschool-age children shall be equipped with at least one carbon monoxide detector.

2021, Sp. Sess. I, c. 165.

Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.059. Possession and administration of an appropriate weight-based dosage of epinephrine by employees.
A. The Board shall amend its regulations to require each child day center to implement policies for the possession and administration of epinephrine in every such center to be administered by any nurse at the center, employee at the center, or employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine to any child believed to be having an anaphylactic reaction. Such policies shall require that at least one school nurse, employee at the center, or employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine has the means to access at all times during regular facility hours any such appropriate weight-based dosage of epinephrine that is stored in a locked or otherwise generally inaccessible container or area.

B. The Board shall amend its regulations to require each family day home provider or at least one other caregiver employed by such provider in the family day home to be trained in the administration of epinephrine and to notify the parents of each child who receives care in such family day home whether the provider stores an appropriate weight-based dosage of epinephrine in the residence or home in which the family day home operates.

2022, cc. 695, 696; 2023, cc. 122, 123.
Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.05:1. (Expires July 1, 2029) Small Family Day Home Provider Incentive Pilot Program.
A. With such funds as may be provided for such purpose pursuant to the general appropriation act, there is hereby established the Small Family Day Home Provider Incentive Pilot Program whereby funds are provided to the Ready Region Chesapeake Bay lead to work in conjunction with public and private partners, including the U.S. Department of Defense, Early Childhood Navigators at the Department, local governing bodies, and nonprofit organizations with experience in supporting childcare providers to become licensed, to:

1. Cover the cost of hiring a Navigator focused on providing training and support to small family day homes in the region, including weekend training sessions to provide information on first aid and cardiopulmonary resuscitation (CPR) certification, medication administration, safe sleep practices, emergency planning, recordkeeping, insurance, and compliance with relevant local ordinances; and

2. Provide incentive payments of $500 to any small family day home in the region:

a. That is not licensed or voluntarily registered when such home achieves voluntary registration pursuant to § 22.1-289.015;

b. That is voluntarily registered or otherwise unlicensed when such home achieves licensure pursuant to § 22.1-289.011; and

c. When such home first participates in the Virginia Quality Birth to Five (VQB5) system established pursuant to § 22.1-289.05 and meets the standards to qualify for subsidies under the Virginia Child Care Subsidy Program and the Military Child Care in Your Neighborhood-PLUS program.

B. The Ready Region Chesapeake Bay lead shall annually collect and make publicly available data on the number of small family day homes in the region that (i) participated in the weekend trainings provided by the Navigator and (ii) received incentive payments for first achieving voluntary registration or licensure or participating in VQB5.

2025, c. 674.
Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.06. Confidential records and information; penalty.
A. The records, information, and statistical registries of the Department and of all child day programs and family day systems concerning services to or on behalf of individuals shall be confidential information, provided that the Superintendent, the Board, and their agents or designees shall have access to such records, information, and statistical registries, and that such records, information, and statistical registries may be disclosed to any person having a legitimate interest in accordance with state and federal law and regulation.

It shall be unlawful for any officer, agent, or employee of any child day program or family day system; for the Superintendent, the State Board, or their agents, designees, or employees; for any person who has held any such position; and for any other person to whom any such record or information is disclosed to disclose, directly or indirectly, any such confidential record or information, except as herein provided or pursuant to § 63.2-105. Every violation of this section shall constitute a Class 1 misdemeanor.

B. If a request for a record or information concerning applicants for and recipients of services provided in this chapter is made to the Department by a person who does not have a legitimate interest, the Superintendent shall not provide the record or information unless permitted by state or federal law or regulation.

2020, cc. 860, 861.

Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.07. Information related to shaken baby syndrome.
The Department shall make information about shaken baby syndrome, its effects, and resources for help and support for caretakers in a printable format, and information about how to acquire information about shaken baby syndrome and its effects in an audiovisual format, available to the public on its website. Such information shall be provided to every child day program and family day system required to be licensed by the Department at the time of initial licensure and upon request.

2020, cc. 860, 861.

Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.08. Board to investigate child day programs at direction of Governor.
Whenever the Governor considers it proper or necessary to investigate the management of any child day program or family day system licensed by or required to be inspected by the Board under the provisions of this chapter, he may direct the Board, or any committee or agent thereof, to make the investigation. The Board, committee, or agent designated by the Governor shall have power to administer oaths and to summon officers, employees, or other persons to attend as witnesses and to enforce their attendance and to compel them to produce documents and give evidence.

2020, cc. 860, 861.
Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.08:1. Child Care Subsidy Program Overpayment Fund.
There is hereby created in the state treasury a special nonreverting fund to be known as the Child Care Subsidy Program Overpayment Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All overpayment moneys collected or recovered by the Department or any state or local agency contracted to administer the Child Care Subsidy Program, net of any refunds due to the federal government, shall be paid into the state treasury and credited to the Fund, except as prohibited by federal law or regulation. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purpose of covering the cost of providing training and supports to early childhood care and education entities. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Superintendent.

2022, c. 524.

Code of Virginia — Title 22.1 (Education), Chapter 14.1 (Early Childhood Care and Education)
§ 22.1-289.08:2. Child Care Subsidy Program; categorical eligibility for certain families.
Any family that receives public assistance through Medicaid or the Special Supplemental Nutrition Program for Women, Infants, and Children shall be deemed to categorically satisfy income eligibility requirements to receive assistance through the Child Care Subsidy Program.

2024, c. 286.
Code of Virginia — Title 22.1 (Education), Chapter 15 (Teachers, Officers and Employees)
§ 22.1-289.1. Teacher compensation; biennial review required.
It is a goal of the Commonwealth that its public school teachers be compensated at a rate that is competitive in order to attract and keep highly qualified teachers. As used in this section, "competitive" means, at a minimum, at or above the national average teacher salary. The Department of Education shall conduct a biennial review of the compensation of teachers and shall consider the Commonwealth's compensation for teachers relative to the national average teacher salary. The results of these reviews shall be reported to the Governor, the General Assembly, and the Board of Education by June 1 of each odd-numbered year.

1987, c. 240; 2006, c. 373; 2017, c. 301; 2020, c. 690.

Code of Virginia — Title 22.1 (Education), Chapter 15 (Teachers, Officers and Employees)
§ 22.1-289.2. Compensation of public school employees called to active duty military service.
Public school employees whose active duty service with the regular armed forces of the United States or the National Guard or other reserve component has required their absence from their full-time employment in a school division shall receive supplemental pay as determined by and from the relevant local school division if the military compensation of such employee is less than the regular salary paid to such employee by the school division.

2004, c. 528.

Code of Virginia — Title 22.1 (Education), Chapter 15 (Teachers, Officers and Employees)
§ 22.1-289.3. Support services personnel; staffing and data collection requirements; report.
A. As used in this section, "support services personnel" includes personnel employed in specialized student support positions as described in subsection O of § 22.1-253.13:2 and personnel employed in support services positions described in subsection P of § 22.1-253.13:2.

B. Each school board shall annually collect and submit to the Department a report on data on the average salaries of support services personnel employed by each such school board. Each school board shall disaggregate the data on the average salaries of support services personnel by the applicable career categories set forth in subsections O and P of § 22.1-253.13:2.

C. The Department shall, beginning with the fiscal year ending June 30, 2026, annually compile, include in the Annual School Report, and publicly post in a clear and accessible format on the Department's website the data submitted by each school board pursuant to subsection B. The Department shall ensure that the data as included in the Annual School Report and posted on the Department's website is disaggregated by the career categories described in subsection B and permits, where applicable, comparison of such data across school divisions.

2025, cc. 564, 578.
Code of Virginia — Title 22.1 (Education), Chapter 15 (Teachers, Officers and Employees)
§ 22.1-290. Board authorized to award teaching scholarship loans.
The Board of Education may, out of such funds as may be appropriated for the purpose, provide for the awarding of teaching scholarship loans to students preparing to teach by attending nonprofit institutions of higher education in the Commonwealth whose primary purpose is to provide collegiate or graduate education and not to provide religious training or theological education. The Board shall include in the list of specialties eligible for this scholarship loan program, scholarship loans for students preparing to teach in early childhood programs. Such scholarship loans shall be apportioned and administered pursuant to regulations of the Board.

Code 1950, § 22-21.4; 1973, c. 469; 1980, c. 559; 1990, c. 450.