Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 820 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VIII - Sanctions › Section 8VAC20-820-330 - Administrative sanctions

Current through Register Vol. 40, No. 24, July 15, 2024
The superintendent may impose administrative sanctions or
					 initiate court proceedings, severally or jointly, when appropriate in order to
					 ensure prompt correction of violations involving noncompliance with state law
					 or regulation child day programs and family day systems as discovered through
					 any inspection or investigation conducted by the Department of Education, the
					 Virginia Department of Health, the Virginia Department of Behavioral Health and
					 Developmental Services, or by state and local building or fire prevention
					 officials. These administrative sanctions include:
1. Revoking or denying renewal of a license
				  for any child day program or family day system that fails to comply with the
				  limitations and standards set forth in its license;
2. Issuing a notice of summary suspension of
				  the license to operate a child day program or family day system pursuant to
				  proceedings set forth in §
										22.1-289.022C
				  of the Code of Virginia or pursuant to proceedings set forth in §
										22.1-289.024
				  of the Code of Virginia for child day programs or family day systems operated
				  by an agency of the Commonwealth in conjunction with any proceedings for
				  revocation, denial, or other action, when conditions or practices exist in the
				  child day program or family day system that pose an immediate and substantial
				  threat to the health, safety, and welfare of children receiving care;
				  and
3. Imposing administrative
				  sanctions through the issuance of a special order as provided in §
										22.1-289.023
				  of the Code of Virginia. These include:
a.
				  Placing a licensee on probation upon finding that the licensee is substantially
				  out of compliance with the terms of the license and that the health and safety
				  of children is at risk;
b. Reducing
				  the licensed capacity or prohibiting new admissions when the superintendent has
				  determined that the licensee cannot make necessary corrections to achieve
				  compliance with the regulations except by a temporary restriction of its scope
				  of service;
c. Mandating training
				  for the licensee or licensee's employees, with any costs to be borne by the
				  licensee, when the superintendent has determined that the lack of such training
				  has led directly to violations of regulations;
d. Assessing civil penalties of not more than
				  $500 per inspection upon finding that the licensee of a child day program or
				  family day system is substantially out of compliance with the terms of its
				  license and the health and safety of children is at risk;
e. Requiring licensees to contact parents,
				  guardians, or other responsible persons in writing regarding health and safety
				  violations; and
f. Preventing
				  licensees who are substantially out of compliance with the licensure terms or
				  in violation of the regulations from receiving public funds.