TITLE 8. EDUCATION
TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Notice of Objection to Fast-Track Rulemaking Action
REGISTRAR'S NOTICE: Pursuant to § 2.2-4012.1 of the Code of Virginia, the State Board of Education has filed a notice of objection to the fast-track rulemaking action published in 42:7 VA.R. 851-859 November 17, 2025. The board intends to proceed with the normal promulgation process set out in Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia, with the initial publication of the fast-track regulation serving as the Notice of Intended Regulatory Action.
Title of Regulation: 8VAC20-790. Child Care Program (amending 8VAC20-790-250, 8VAC20-790-350, 8VAC20-790-400, 8VAC20-790-520, 8VAC20-790-600, 8VAC20-790-770).
Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
The State Board of Education received more than the requisite 10 objections to the amendments. The objections to the proposed regulation are that it is unsafe, financially burdensome, and beyond the scope of childcare staff. Comments (i) emphasize that educators are not medical professionals and (ii) express concerns about liability for administering prescription medication without a diagnosis and the high recurring cost of EpiPens. Due to the objections, the board has discontinued using the fast-track rulemaking process. The board will proceed with adoption of the amendments using the standard process under Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act, and the publication on November 17, 2025, will serve as the Notice of Intended Regulatory Action in accordance with § 2.2-4012.1 of the Code of Virginia.
Agency Contact: Tatanishia Armstrong, Legislative Consultant, Office of Child Care Health and Safety, Department of Education, 101 North 14th Street, 14th Floor, Richmond, VA 23219, telephone (804) 382-5047, or email tatanishia.armstrong@doe.virginia.gov.
VA.R. Doc. No. R26-7611; Filed December 29, 2025