TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Action Withdrawn

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The State Board of Education has WITHDRAWN the regulatory action for 8VAC20-790, Child Care Program, which was published as a Fast-Track Rulemaking Action in 42:7 VA.R. 851-859 November 17, 2025. The purpose of the proposed action was to (i) require center-based programs that participate in the Child Care Subsidy Program to implement policies for the possession and administration of epinephrine to be administered by certain authorized and trained individuals to any child believed to be having an anaphylactic reaction; (ii) require that at least one authorized and trained individual has the means at all times during regular facility hours to access any such appropriate weight-based dosage of epinephrine that is stored in a locked or otherwise generally inaccessible container or area; and (iii) require each family day home provider or at least one other caregiver employed by such provider in the family day home to be trained in the administration of epinephrine and to notify the parents of each child who receives care in such family day home whether the provider stores an appropriate weight-based dosage of epinephrine in the residence or home in which the family day home operates. The board received more than the requisite 10 objections to the fast-track rulemaking process. That objection was published in 42:12 VA.R. 1483 January 26, 2026. On April 23, 2026, the board voted to withdraw the action to avoid conflict with the promulgation of the new Standards for Licensed Child Day Centers (8VAC20-781). The action is being withdrawn in order to ensure that policy remains consistent across all early childhood care and education providers. After the promulgation of 8VAC20-781, the agency will restart the standard rulemaking process for this action. Therefore, this action is unnecessary and should be withdrawn.

Agency Contact: Tatanishia Armstrong, Legislative Consultant, Office of Child Care Health and Safety, Department of Education, 101 North 14th Street, Richmond, VA 23219, telephone (804) 382-5047, or email tatanishia.armstrong@doe.virginia.gov.