Titles of Regulations: 8VAC20-590. Minimum Standards for the Accreditation of Child Day Programs Serving Children of Preschool Age or Younger in Public Schools (repealing 8VAC20-590-10, 8VAC20-590-20, 8VAC20-590-30).

8VAC20-600. Minimum Standards for the Accreditation of Child Day Programs Serving School Age Children Offered in Public Schools (repealing 8VAC20-600-10, 8VAC20-600-20, 8VAC20-600-30).

Statutory Authority: § 22.1-16 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: August 23, 2018.

Effective Date: September 10, 2018.

Agency Contact: Emily V. Webb, Director for Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225-2924, FAX (804) 225-2524, or email emily.webb@doe.virginia.gov.

Basis: Chapter 442 of the 2016 Acts of Assembly eliminated the State Board of Education's authority to regulate child day programs.

Purpose: This repeal is required by legislative action, and the Virginia Department of Social Services will be responsible for the welfare of all children in child day programs.

Rationale for Using Fast-Track Rulemaking Process: The repeal of this regulation is required by legislative action and is not controversial.

Substance: This action repeals the regulations.

Issues: There are no disadvantages to the public in repealing this legislation. The advantage to the public is one regulatory agency responsible for compliance for child day programs. This action is conducive to effective and efficient state government. The advantage to the Commonwealth is avoidance of duplication of effort. Instead of two state agencies responsible for child day program, once state agency will be responsible for child day program. There are no disadvantages to the agency or the Commonwealth. The Virginia Department of Education will be responsible for education, and the Virginia Department of Social Services will be responsible for child welfare, day care, and any additional social services required by the family.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. Chapter 442 of the 2016 Acts of Assembly (Chapter 442)¹ eliminated Code of Virginia language requiring these regulations. Consequently, the Board of Education (Board) proposes to repeal 8VAC20-590 and 8VAC20-600.

Result of Analysis. The benefits likely exceed the costs for all proposed amendments.

Estimated Economic Impact. According to the Department of Education (DOE), in practice the requirements of these regulations have been duplicative of 8VAC20-131, Regulations Establishing Standards for Accrediting Public Schools in Virginia. Staff at local school divisions who have child day programs have had to produce documents and prepare for visits from two sets of DOE staff, for 8VAC20-131 and for these regulations. By repealing these regulations, local school divisions that have child day programs no longer have to spend staff time preparing documents and for visits from DOE staff to obtain accreditation under these regulations. Eliminating the duplicative efforts saves significant staff time for the school divisions without compromising safety or quality assurance.

Businesses and Entities Affected. The proposed amendments affect the 11 school divisions that have child day programs.²

Localities Particularly Affected. The local school divisions with child day programs are for the Cities of Buena Vista, Charlottesville, Falls Church, Manassas, Norfolk, and Richmond and the Counties of Albemarle, Arlington, Charlotte, Fluvanna, and Southampton.³

Projected Impact on Employment. The proposed amendments do not significantly affect employment.

Effects on the Use and Value of Private Property. The proposed amendments do not affect the use and value of private property.

Real Estate Development Costs. The proposed amendments do not affect real estate development costs.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. The proposed amendments do not affect small businesses.

Alternative Method that Minimizes Adverse Impact. The proposed amendments do not adversely affect small businesses.

Adverse Impacts:

Businesses. The proposed amendments do not adversely affect businesses.

Localities. The proposed amendments do not adversely affect localities.

Other Entities. The proposed amendments do not adversely affect other entities.

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¹See http://leg1.state.va.us/cgi-bin/legp504.exe?161+ful+CHAP0442.

²Source: Department of Education. The data is from 2016, the most recent year available.

³Ibid.

Agency's Response to Economic Impact analysis: The agency concurs with the economic impact analysis completed by the Department of Planning and Budget.

Summary:

The amendments repeal regulations to conform with Chapter 442 of the 2016 Acts of Assembly, which removed Board of Education authority to regulate child day programs and placed that authority under the State Board of Social Services.