Virginia Law

Article 1. General Provisions.

As used in this chapter, unless the context requires a different meaning:

"Child day center" means a child day program offered to (i) two or more children under the age of 13 in a facility that is not the residence of the provider or of any of the children in care or (ii) 13 or more children at any location.

"Child day program" means a regularly operating service arrangement for children where, during the absence of a parent or guardian, 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.

"Early childhood care and education entity" means a child day center, home-based child care, or home-based child care system serving children under the age of five.

"Head Start provider" means a public or private, nonprofit or for-profit organization or agency, including any community-based organization, as such term is defined in 20 U.S.C. § 7801, to which a grantee has delegated all or part of the responsibility of the grantee for operating a Head Start program.

"Home-based child care" means a child day program offered in the residence of the provider or the home of any of the children in care for one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. The provider of licensed or registered home-based child care shall disclose to the parents or guardians of children in their care the percentage of time per week that persons other than the provider will care for the children. Home-based child care in which five through 12 children are served, exclusive of the provider's own children and any children who reside in the home, shall be licensed. However, no more than four children under the age of two shall be served in home-based child care, including the provider's own children and any children who reside in the home, unless the home-based child care is licensed or voluntarily registered. However, home-based child care where the children in care are all related to the provider by blood or marriage shall not be required to be licensed.

"Home-based child care system" means any person who approves providers of home-based child care as members of its system; who refers children to available home-based child care in that system; and who, through contractual arrangement, may provide central administrative functions including the training of operators of member homes; technical assistance and consultation to operators of member homes; inspection, supervision, monitoring, and evaluation of member homes; and referral of children to available health and social services.

"Out-of-school time program" means a program that (i) serves only school-age children; (ii) operates primarily before or after regular school hours, during the summer, or at times when school is not normally in session; and (iii) is offered for the purpose of promoting expanded childhood learning and enrichment, child and youth development, or educational, recreational, or character-building activities.

"Publicly funded provider" means any (i) educational program provided by a school division or local government to children between birth and age five or (ii) child day program that receives state or federal funds in support of its operations that serves three or more unrelated children. "Publicly funded provider" does not include any program for which the sole source of public funding is (a) the federal Child and Adult Care Food Program (CACFP) administered by the U.S. Department of Agriculture Food and Nutrition Service or (b) financial assistance for military child care pursuant to 10 U.S.C. § 1798 and that is accredited by a U.S. Department of Defense-approved national accrediting body. Any program described in clause (b) shall subsequently be considered a publicly funded provider if each child for whom such program receives such financial assistance for military child care either disenrolls from or ages out of such program.

"Registered home-based child care" means any home-based child care that has met the standards for voluntary registration for such homes pursuant to regulations adopted by the Board and that has obtained a certificate of registration from the Superintendent.

2020, cc. 860, 861; 2025, cc. 187, 328; 2026, c. 917.

A. The Board shall establish a statewide unified public-private system for early childhood care and education in the Commonwealth to ensure that every child has the opportunity to enter kindergarten healthy and ready to learn. Such system shall be administered by the Board, the Superintendent, and the Department and shall be formed, implemented, and sustained through a structure that engages and leverages both state-level authority and regional-level public-private partnership assets.

B. It is the intent of the General Assembly that the system established pursuant to subsection A shall (i) provide families with coordinated access for referral to early childhood education programs, (ii) provide families with easy-to-understand information about the quality of publicly funded early childhood care and education programs, (iii) establish expectations for the continuous improvement of early childhood care and education programs, and (iv) establish shared expectations for early childhood care and education programs among the Department of Education, the Department of Social Services, local school divisions, and state and regional stakeholders.

C. The system established pursuant to subsection A shall consist of a combination of programs offered through (i) the Virginia Preschool Initiative, pursuant to § 22.1-289.09, or any other school-based early childhood care and education program; (ii) licensed programs, pursuant to Article 3 (§ 22.1-289.010 et seq.); and (iii) unlicensed programs, pursuant to Article 4 (§ 22.1-289.030 et seq.).

D. To address family demand and preferences for affordable, high-quality early childhood care and education services, the Department shall establish and maintain calculations that shall be used to provide a cost estimate for funding needed per biennium to address parental demand. Such calculations shall include:

1. An annual per-child cost determined through re-benchmarking for the Virginia Preschool Initiative;

2. An annual per-child cost based on current and re-benchmarked levels under the Department's federally approved alternative cost methodology for the Mixed Delivery Program identified in the general appropriation act;

3. An annual per-child cost based on current and re-benchmarked levels under the Department's federally approved alternative cost methodology for the Child Care Subsidy Program, which program shall be open to each child who is under the age of 13 in each family for as long as:

a. The family's income does not exceed 85 percent of the state median income;

b. The family includes at least one child who is five years of age or younger and has not started kindergarten; and

c. The family meets all other eligibility requirements;

4. An estimate of parental demand and choice preferences based on historic growth and current eligibility criteria for each program; and

5. An estimate of the number of slots to be added to support local or regional (i) economic development efforts and (ii) public-private partnerships focused on increasing the supply of child care services. Priority shall be given to localities or regions identified as child care deserts.

Such calculations shall not affect regularly recurring federal funding including federal funding provided for the Child Care Subsidy Program, Early Head Start, or Head Start, or pursuant to Part B of the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1411 et seq. Pursuant to such calculations, such federal funding shall be maximized and fully expended prior to expending any state general funds. Such calculations shall not obligate the General Assembly to a specific appropriation of funds but shall be used to provide information to guide the General Assembly in making decisions about the proportion of parental demand for and supply of early childhood care and education services to be addressed and level of appropriation required to address such demand. Annual overall funding available shall be subject to appropriation as determined by the General Assembly.

No later than May 15 before each upcoming year, each regional entity established by the Board pursuant to subsection D of § 22.1-289.05 shall indicate the number of slots needed in the region for the Mixed Delivery Program, each local school division shall indicate the number of slots needed in the local school division for the Virginia Preschool Initiative, and each locality shall indicate the number of slots needed in the locality for the Child Care Subsidy Program. In determining the number of slots to be added to support local or regional economic development efforts and public-private partnerships pursuant to this subdivision 5, the Department, in consultation with the Virginia Economic Development Partnership Authority and the Virginia Early Childhood Foundation's Virginia Business Roundtable for Early Education, shall calculate slots needed to ensure adequate supply for the biennium in regions with (a) active, recognized economic development initiatives; (b) public-private partnerships focused on building supply of quality child care services; or (c) identified child care deserts. The Department shall reallocate slots with available funding from the Child Care Subsidy Program and Mixed Delivery Program as determined pursuant to this subsection no later than July 1. Following fall enrollment periods, the Department shall make adjustments based on family preferences. In providing funding for slots pursuant to this subsection, all current-year state general funds shall be expended first. If waitlists for slots at early childhood care and education sites remain, up to $5 million from prior-year unexpended state general funds appropriated for such purpose in a general appropriation act may be carried forward to the current fiscal year to temporarily provide additional slots during the current fiscal year solely to reduce or eliminate waitlists, unless the general appropriation act authorizes a greater amount to be carried forward. Such prior-year funds shall not be used to increase the base amount of funding required in the subsequent fiscal year and the Department shall monitor program utilization and attrition to ensure that no families will lose access at the end of the current fiscal year.

E. The Department shall, no later than the third Wednesday in October of each year, submit to the Commission on Early Childhood Care and Education, established pursuant to § 2.2-208.1, and post in a publicly accessible location on its website a report on the data used to calculate the minimum funding and number of slots for the calculations pursuant to subsection D.

2020, cc. 860, 861; 2024, cc. 722, 757; 2026, cc. 456, 457.

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 home-based child care 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; 2026, c. 917.

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.

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.

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.

A. With such funds as may be provided for such purpose pursuant to the general appropriation act, there is hereby established the Small Home-Based Child Care 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 home-based child care providers 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 home-based child care provider 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 home-based child care providers 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; 2026, c. 917.

A. As used in this section:

"Eligible mixed delivery provider" means a child day center or family day home that has been selected or identified to deliver mixed delivery services through a local agreement with the relevant regional entity established pursuant to subsection D of § 22.1-289.05.

"Employer" means an employer with at least one employee who works in the Commonwealth in each of 20 or more calendar weeks in the current or preceding calendar year.

"Small business" means an employer with fewer than 50 employees.

"The Foundation" means the Virginia Early Childhood Foundation.

"Third party administrator" means an entity approved by the Foundation to administer, receive, or distribute funds as part of the Employee Child Care Assistance Program established pursuant to this section. "Third party administrator" includes a Ready Region lead agency.

B. With such funds as may be appropriated for such purpose pursuant to the general appropriation act, the Employee Child Care Assistance Program (the Program) is established for the purpose of providing matching funds in order to incentivize employers to contribute to the child care costs of their employees. The Program shall be administered by the Foundation. The Foundation shall establish such guidelines and procedures as it deems necessary for the administration of the Program, subject to the following conditions and requirements:

1. To participate in the Program, an employer shall agree to make child care contributions to the eligible mixed delivery provider on behalf of the employee or to a third-party administrator and shall provide any other information deemed necessary by the Foundation;

2. To the extent funds are available, the Foundation shall issue a state match directly to a third-party administrator that has entered into an agreement with a participating employer pursuant to subdivision 1. The amount of such state match shall be set forth in the general appropriation act;

3. Program funds shall be provided on a first-come, first-served basis, provided, however, that the Foundation is encouraged to prioritize the award of funds to proposals involving contributions from small businesses;

4. The Foundation may combine the Program with or incorporate the Program into any other program or initiative related to the Mixed Delivery Program;

5. The eligibility requirements for the Program and the required family contribution for the Program shall be set forth in the general appropriation act. Flexibility shall be provided for securing additional payor contributions for slots, including contributions from philanthropic organizations, military organizations or programs, local government, or economic development agencies or programs; and

6. Any sums of money appropriated for the purposes set forth in this section that are unexpended as of June 30, 2027, and June 30, 2028, respectively, shall not revert to the general fund but shall be reappropriated and allotted for expenditure for the same purposes set forth in this section through June 30, 2030.

2026, cc. 545, 546.

A. The records, information, and statistical registries of the Department and of all child day programs and home-based child care 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 home-based child care 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; 2026, c. 917.

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 home-based child care system required to be licensed by the Department at the time of initial licensure and upon request.

2020, cc. 860, 861; 2026, c. 917.

Whenever the Governor considers it proper or necessary to investigate the management of any child day program or home-based child care 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; 2026, c. 917.