TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Title of Regulation: 8VAC20-830. Fee Requirements For Processing Applications (repealing 8VAC20-830-10).

Statutory Authority: §§ 22.1-16 and 22.1-289.010 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: March 25, 2026.

Effective Date: April 9, 2026.

Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.

Basis: Section 22.1-16 of the Code of Virginia authorizes the State Board of Education to adopt bylaws for its own government and promulgate regulations necessary to carry out its powers and duties and the provisions of Title 22.1 of the Code of Virginia. Section 22.1-289.010 of the Code of Virginia authorizes the board to adopt regulations and schedules for fees to be charged for processing applications for licenses to operate child day programs and family day systems.

Purpose: This action is essential to protecting the health, safety, and welfare of citizens because it allows for the consolidation of regulations governing the application for licensure for child day programs and family day systems and avoids conflicting directions.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because it follows the establishment of 8VAC20-821, and the fee requirements for processing applications formerly found in 8VAC20-830 will now be found in 8VAC20-821.

Substance: This action repeals Fee Requirements for Processing Applications (8VAC20-830), which was made obsolete by the promulgation of General Procedures for the Licensure of Child Day Programs and Family Day Systems and Background Checks (8VAC20-821).

Issues: The primary advantage of this regulatory change to the public, the agency, the Commonwealth, and the regulated community is that the requirements currently found under 8VAC20-830 will be easier to read, better organized, clearer with respect to responsibilities, and more comprehensive in scope due to the consolidation of three chapters into a single chapter. There are no disadvantages to the public, the agency, the Commonwealth, or the regulated community.

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 State Board of Education (board) seeks to repeal Fee Requirements for Processing Applications (8VAC20-830) as it has been made redundant by a new regulation, General Procedures for Licensure and Background Checks (8VAC20-821).

Background. General Procedures for Licensure and Background Checks (8VAC20-821) concerns the licensure of children day programs and will become effective on February 1, 2026.² Chapter 821 updates and consolidates several other regulations, including Fee Requirements for Processing Applications (8VAC20-830), thereby making the latter regulation redundant. Specifically, the contents of 8VAC20-830 can be found in 8VAC20-821-140 and 8VAC20-821-150, with two modifications. First, 8VAC20-821 replaces tiered licensing for one-year, two-year, or three-year license terms with a standard two-year license term; the fees in 8VAC20-821-150 reflect this change without changing the cost-per-year.³ Second, 8VAC20-821-150 contains two-year license fees for short-term programs that operate for less than 12 weeks of a 12-month period whereas 8VAC20-830-10 contains the same fees for short term programs that operate for less than four months in a 12-month period. The board reports that this difference is not expected to have any substantive impact, since the short term licenses apply to summer programs for which 12-weeks was considered more appropriate than four months.

Estimated Benefits and Costs. Repealing 8VAC20-830 is not expected to have any practical impact on licensed day-care centers or the families of children that utilize the child day centers since its contents have been incorporated into 8VAC20-821, which is expected to become effective before this repeal.

Businesses and Other Entities Affected. Repealing 8VAC20-830 would not directly affect any entities since it is duplicative of 8VAC20-821. The regulations apply to 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 proposal neither increases cost nor reduces benefit, no adverse impact is indicated.

Small Businesses⁶ Affected.⁷ The proposal does not adversely affect small businesses.

Localities⁸ Affected.⁹ The proposal neither disproportionally affects particular localities nor affects costs for local governments.

Projected Impact on Employment. The proposal does not affect employment.

Effects on the Use and Value of Private Property. The proposal affects neither 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 https://townhall.virginia.gov/L/ViewAction.cfm?actionid=5880.

³ The change in license terms has been discussed in the Economic Impact Analysis for the action promulgating 8VAC20-821. 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 agency thanks the Department of Planning and Budget for its thorough economic impact analysis.

Summary:

The action repeals Fee Requirements for Processing Applications (8VAC20-830) following the establishment of General Procedures for Licensure and Background Checks (8VAC20-821), which rendered 8VAC20-830-10 obsolete.