TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Proposed Regulation

Title of Regulation: 8VAC20-770. Background Checks for Child Day Programs and Family Day Systems (repealing 8VAC20-770-10 through 8VAC20-770-150).

Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: November 21, 2025.

Agency Contact: Tatanishia Armstrong, Legislative Consultant, Department of Education, James Monroe Building, 16th Floor, 101 North 14th Street, Richmond, VA 23219, telephone (804) 382-5047, or email tatanishia.armstrong@doe.virginia.gov.

Basis: Section 22.1-16 of the Code of Virginia authorizes the State Board of Education to promulgate regulations necessary to carry out its powers and duties and the provisions of Title 22.1 of the Code of Virginia. Section § 22.1-289.046 of the Code of Virginia requires the board to adopt regulations for the activities, services, and facilities to be employed by persons and agencies required to be licensed under Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia.

Purpose: This action is essential to the continued health, safety, and welfare of children because it will provide critical clarification on background check requirements and will ensure compliance with current federal and state laws.

Substance: This action repeals Background Checks for Child Day Programs and Family Day Systems (8VAC20-770). The content of 8VAC20-770 is being amended and added to a new chapter, General Procedures and Information for Licensure (8VAC20-821).

Issues: The primary advantage to the agency and the Commonwealth is that redundant regulatory requirements will be removed from board regulation. There are no disadvantages to the agency or Commonwealth resulting from the repeal of the chapter.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Board of Education (board) proposes to repeal Background Checks for Child Day Programs and Family Day Systems (8VAC20-770). In a separate action² the board proposes to add background check requirements for child day programs and family day systems to a proposed new regulation, General Procedures for Licensure and Background Checks (8VAC20-821).

Background. In the separate action, the board proposes to repeal General Procedures and Information for Licensure (8VAC20-820) and replace it with General Procedures for Licensure and Background Checks (8VAC20-821); both regulations concern the licensure of child day programs. In addition, the board no longer proposes to establish a new background check regulation at 8VAC20-771 and instead proposes to add background check requirements to 8VAC20-821 such that the new regulation contains the background check requirements for child day programs and family day systems. The proposed background check requirements in the proposed 8VAC20-821 are not identical to the existing requirements in 8VAC20-770. The impact of those proposed differences are discussed in the economic impact analysis for the separate action.³ Among the differences in background check requirements are shortening the time from 30 days to seven days within which Department of Social Service Central Registry checks must occur for persons 14 years of age and older who move into a home where child day programs occur or who turn 14 years of age while there. Also, the proposed 8VAC20-821 would, unlike the current 8VAC20-770, state that a child day program or family day system, the department, or the registering or approving authority may require a new background check if there is reason to suspect that a person required to have a background check has a disqualifying background.

Estimated Benefits and Costs. Assuming that the separate action is implemented, repealing this regulation is necessary and thus beneficial in order to avoid having contradictory regulatory requirements.

Businesses and Other Entities Affected. The regulation affects the 1,418 licensed child day centers; 1,356 licensed family day homes; and one licensed family day system in the Commonwealth. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁵ As the proposed repeal of the regulation neither increases costs nor reduces benefits, no adverse impact is indicated from the repeal. To the extent that any party is adversely affected because the background check requirements in the proposed 8VAC20-821 are not identical to the existing requirements in 8VAC20-770, the impact of those proposed differences results from the other action.

Small Businesses⁶ Affected.⁷ The proposed repeal of the regulation does not adversely affect small businesses.

Localities⁸ Affected.⁹ The proposed repeal of the regulation neither disproportionally affects particular localities nor affects costs for local governments.

Projected Impact on Employment. The proposed repeal of the regulation does not affect employment.

Effects on the Use and Value of Private Property. The proposed repeal of the regulation neither affects the use and value of private property nor costs related to the development of real estate.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² See Action 5880: https://townhall.virginia.gov/L/viewaction.cfm?actionid=5880.

³ See https://townhall.virginia.gov/L/GetFile.cfm?File=93\5880\9793\EIA_DOE_9793_v1.pdf.

⁴ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁵ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁶ Pursuant to § 2.2-4007.04, 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."

⁷ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁸ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The State Board of Education thanks the Department of Planning and Budget for its thorough economic impact analysis.

Summary:

The action proposes to repeal Background Checks for Child Day Programs and Family Day Systems (8VAC20-770). The content of the repealed chapter will be amended and added to a proposed new chapter, General Procedures and Information for Licensure (8VAC20-821), by a separate action.