TITLE 1. ADMINISTRATION

COMMISSION ON LOCAL GOVERNMENT

Final Regulation

Title of Regulation: 1VAC50-20. Organization and Regulations of Procedure (amending 1VAC50-20-40, 1VAC50-20-142 through 1VAC50-20-382, 1VAC50-20-390 through 1VAC50-20-612, 1VAC50-20-616 through 1VAC50-20-650).

Statutory Authority: § 15.2-2903 of the Code of Virginia.

Effective Date: December 31, 2025.

Agency Contact: LeGrand Northcutt, Senior Policy Analyst, Department of Housing and Community Development, Main Street Center, 600 East Main Street, Richmond, VA 23219, telephone (804) 310-7151, fax (804) 371-7090, or email legrand.northcutt@dhcd.virginia.gov.

Summary:

The amendments (i) remove the requirement that a fax number be included in the notice of a proposed action to the commission; (ii) reduce, and in most cases eliminate, the discretionary requirements for notification of other local governments in certain types of cases and instead rely on statutory notification requirements throughout the regulation; (iii) reduce the amount of material that must be included in notifications to the commission and other parties; and (iv) eliminate the current process for requesting filings and other documents from the other parties or the commission that is allowed under commission discretion and instead utilize the process described under the Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia).

Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.

1VAC50-20-40. Officers.

The commission shall elect from its membership at the end of its regular January November meeting, or as soon thereafter as possible, a chair and a vice chair, who shall serve terms of one year, or until their successors are elected. In the event of a vacancy occurring in the office of chair or vice chair, for any cause, the commission shall fill the same vacancy by election for the unexpired term. The chair shall preside at all meetings, presentations, and public hearings held by the commission unless absent. In the absence of the chair, the vice chair shall preside at any meeting or other assembly of the commission and shall exercise all powers and duties of the chair. In the event that the chair and vice chair are absent for a meeting or other assembly of the commission, the remaining members of the commission shall elect a temporary chair who shall exercise all powers and duties of the chair for the duration of the meeting or assembly.

1VAC50-20-142. Special meetings.

Special meetings of the commission may be called by any member on such occasions as may be reasonably necessary to carry out the duties of the commission. Except in instances where a special meeting is scheduled at a regular meeting, the chair shall cause to be mailed - including by electronic means - send by electronic means to all members, at least five days in advance of a special meeting, a written notice specifying the time, place, and purpose of the special meeting. Notice of special meetings shall be announced appropriately on the Virginia Regulatory Town Hall and on a calendar maintained by the Commonwealth.

1VAC50-20-150. Minutes of meetings and hearings.

Minutes shall be recorded for each public meeting held by the commission. The minutes shall include a brief summary of comments on major issues under consideration and concise and specific statements of all action taken by the commission. The minutes shall be provided to each commission member for reading and editing prior to approval at a subsequent commission meeting. There need be no actual reading of the minutes at the meeting, but a vote shall be taken for the formal approval of the minutes as written or amended. Copies of the minutes of public meetings shall be made available to any interested party at a price sufficient to cover the expense incurred or on the Virginia Regulatory Town Hall and the commission's Internet webpage in accordance with the Department of Housing and Community Development's Virginia Freedom of Information Act policies.

1VAC50-20-160. Executive sessions or meetings Closed statutorily mandated proceedings exempt from the Virginia Freedom of Information Act.

A. The commission, along with its panels, or its committees, subcommittees, members, and staff, may hold and conduct executive sessions or meetings closed statutorily mandated proceedings as may be necessary for mediation and negotiations, for deliberations, for meeting with local governing bodies or members thereof, or for other lawful and appropriate purposes allowed by § 15.2-2907 D of the Code of Virginia. Closed statutorily mandated proceedings shall be exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia) in accordance with § 15.2-2907 D of the Code of Virginia.

B. The following rules shall apply to closed statutorily mandated proceedings:

1. Closed statutorily mandated proceedings may be called with notice given by the chair at the chair's discretion and held in any location, in person or virtually.

2. A quorum of commissioners must be present to conduct a closed statutorily mandated proceeding.

3. No action of the commission taken during a closed statutorily mandated proceeding that would be considered at a regular meeting or would otherwise require a public vote shall be binding unless the commission takes a vote on such action at a subsequent regular meeting of the commission.

4. The commission may permit a nonmember to attend a closed statutorily mandated proceeding if such person is deemed necessary by the commission, if the person's presence will reasonably aid the commission in its consideration of a topic that is a subject of the proceeding, or as required by law.

5. Minutes and recordings may be taken during a closed statutorily mandated proceeding but shall not be required. Pursuant to 1VAC50-20-170 and other applicable laws, such minutes and recordings shall be confidential.

C. The commission reserves the right to meet in a closed meeting as allowed by §§ 2.2-3711 and 2.2-3712 of the Code of Virginia.

1VAC50-20-170. Confidentiality of proceedings and submissions.

All testimony, statements, exhibits, documents, or other evidence submitted to the commission by the parties in conjunction with its the commission's legally prescribed public meetings, presentations, or hearings shall be subject to disclosure by the commission under the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia). All other materials, including the testimony, statements, exhibits, documents, or other evidence submitted to the commission pursuant to executive during closed statutorily mandated proceedings allowed under 1VAC50-20-160, along with other deliberations, negotiations, or mediation which that the commission is authorized by law to conduct, under § 15.2-2907 D of the Code of Virginia shall be treated as confidential and shall not neither be subject to disclosure by the commission nor by the parties involved in executive proceedings closed statutorily mandated proceedings, except by agreement of the commission and all parties to the proceedings.

1VAC50-20-180. Notice to commission of proposed action as required by § 15.2-2907 of the Code of Virginia.

A. Notice of a proposed action to the commission as required by § 15.2-2907 of the Code of Virginia to the commission shall be accompanied by resolution of the governing body of the locality providing the notice evidencing its support of such action. Notice to the commission shall indicate the name, title, address, phone telephone number, and, where available, fax number and email address of the individual who shall serve as designated contact with the commission regarding the issue presented. All notices required to be given the commission under the provisions of § 15.2-2907 of the Code of Virginia shall also indicate the other local governments given notice of the proposed action pursuant to subsection C of this section.

1. Notice of a proposed annexation initiated by voters or property owners shall be accompanied by the original or certified petition signed by 51% of the voters of any territory adjacent to any municipality or 51% of the owners of real estate in number and land area in a designated area. Notice to the commission shall indicate the name, title, address, and phone telephone number, and, where available, fax number and email address of the individual who shall serve as designated contact with the commission regarding the issue presented. All notices required to be given to the commission under the provisions of § 15.2-2907 of the Code of Virginia shall also indicate the other local governments given notice of the proposed action pursuant to subsection C of this section.

2. Notice of a petition for the proposed transition of a city to town status that has been referred to the commission pursuant to § 15.2-4102 of the Code of Virginia shall indicate the name, title, address, phone telephone number, and, where available, fax number and email address of the individual who shall serve as designated contact with the commission regarding the issue referred. All notices required to be given the commission under the provisions of § 15.2-2907 of the Code of Virginia shall also indicate the other local governments given notice of the proposed action pursuant to subsection C of this section.

3. Notice to the commission by a committee of citizens that has been appointed by the circuit court to act for and in lieu of a governing body to perfect a consolidation agreement pursuant to § 15.2-3531 of the Code of Virginia shall indicate the name, title, address, phone telephone number, and, where available, fax number and email address of the individual who shall serve as designated contact with the commission regarding the proposed consolidation. All notices required to be given to the commission under the provisions of § 15.2-2907 of the Code of Virginia shall also indicate the other local governments given notice of the proposed action pursuant to subsection C of this section.

B. Any party giving notice to the commission of a proposed action pursuant to § 15.2-2907 of the Code of Virginia may submit with the notice as much data, exhibits, documents, or other supporting materials as it deems appropriate; however, the submissions should be fully responsive to all relevant elements of the applicable section of Part IV (1VAC50-20-540 et seq.) of this chapter.

C. Any party giving notice to the commission of a proposed action as required by § 15.2-2907 of the Code of Virginia shall also give notice to each Virginia local government located within or contiguous to, or sharing functions, revenue, or tax sources with the local government proposing the action. All notices to the local governments shall include an annotated listing of all documents, exhibits, and other material submitted to the commission in support of the proposed action contact information for the commission's staff with instructions to contact the commission or the locality's Freedom of Information Act (FOIA) officer, as applicable, for copies of additional documents and exhibits submitted to the commission.

1. Any voters or property owners giving notice to the commission of a proposed annexation as required by § 15.2-2907 of the Code of Virginia shall also give notice to each Virginia local government located within or contiguous to, or sharing functions, revenue, or tax sources with the municipality to which annexation is sought. All notices to the immediately affected local governments shall include contact information for the commission's staff with instructions to contact the commission for copies of all additional documents, and exhibits, and other material submitted to the commission in support of the proposed action, and notice to other localities may include, in lieu of copies of the submissions, an annotated listing of the material.

2. Any voters whose petition for the proposed transition of a city to town status that has been referred to the commission pursuant to § 15.2-4102 of the Code of Virginia shall also give notice to each Virginia local government located within or contiguous to, or sharing functions, revenue, or tax sources with the city proposed for town status. All notices to the immediately affected local governments shall include contact information for the commission's staff with instructions to contact the commission for copies of all additional documents, and exhibits, and other material submitted to the commission in support of the proposed action, and notice to other localities may include, in lieu of copies of the submissions, an annotated listing of the material.

3. A committee of citizens that has been appointed by the circuit court to act for and in lieu of a governing body to perfect a consolidation agreement pursuant to § 15.2-3531 of the Code of Virginia shall also give notice to each Virginia local government located within or contiguous to, or sharing functions, revenue, or tax sources with the local governments that are proposed to be consolidated. All notices to the immediately affected local governments shall include contact information for the commission's staff with instructions to contact the commission for copies of all additional documents, and exhibits, and other material submitted to the commission in support of the proposed action, and notice to other localities may include, in lieu of copies of the submissions, an annotated listing of the material.

D. Any local government receiving notice pursuant to subsection C of this section or any other affected party may submit data, exhibits, documents, or other material for commission review and consideration as it deems appropriate. The submissions should, however, be responsive to all relevant elements of the applicable section of Part IV (1VAC50-20-540 et seq.) of this chapter. Any party submitting material to the commission for review pursuant to this section shall also designate an individual as principal contact for the commission and shall furnish the individual's name, title, address, phone telephone number, and, where available, fax number and email address. An annotated listing of all documents, exhibits, or other material submitted to the commission pursuant to this section The submitting party shall be provided to notify the party initiating the proceeding before the commission. Such notification shall include contact information for the commission's staff with instructions to contact the commission for copies of the documents submitted to the commission. The commission may establish a time by which all submissions by respondent parties must be received.

E. Upon its receipt of notice of a proposed action pursuant to subsection A of this section, the commission shall, subsequent to discussion with representatives of the party submitting the notice and other appropriate parties, schedule a review of the proposed action. The commission shall also concurrently extend the services of its office to the parties in an endeavor to promote a negotiated settlement of the issue and, further, may designate, with the agreement of the parties, an independent mediator to assist in the negotiations.

The commission's review of a notice of a proposed annexation as required by § 15.2-2907 of the Code of Virginia filed by voters or property owners shall be terminated upon receipt of an ordinance, duly adopted by a majority of the elected members of the governing body of the affected city or town, rejecting the annexation proposed by the notice.

1VAC50-20-230. Referral to commission of proposed voluntary settlement agreements.

A. Referral of a proposed voluntary settlement agreement to the commission under the provisions of § 15.2-3400 of the Code of Virginia shall be accompanied by resolutions, joint or separate, of the governing bodies of the localities that are parties to the proposed agreement requesting the commission to review the agreement. The resolutions shall also state the intention of the governing bodies to adopt the agreement subsequent to the commission's review and shall indicate the name, title, address, phone telephone number, and, where available, fax number and email address of the individual who shall serve as each locality's principal contact with the commission during the period of its the commission's review. Referrals to the commission pursuant to § 15.2-3400 of the Code of Virginia shall also be accompanied by a listing of local governments receiving notice of the referral under subsection C of this section.

B. Any party referring a proposed voluntary settlement agreement to the commission for review pursuant to § 15.2-3400 of the Code of Virginia may submit with the proposed agreement as much data, exhibits, documents, or other supporting materials as deemed appropriate; however, the submissions should be fully responsive to all relevant elements of 1VAC50-20-610.

C. Whenever a proposed voluntary settlement agreement is referred to the commission for review pursuant to subsection A of this section, the parties to the proposed agreement shall concurrently give notice of the referral to each Virginia local government with which any of the parties is contiguous, or with which any of the parties shares any function, revenue, or tax source. All such notices of referral shall be accompanied by a copy of the proposed voluntary settlement agreement, or a descriptive summary thereof, and an annotated listing of all contact information for the commission's staff with instructions to contact the commission for copies of the documents, exhibits, and other materials submitted to the commission in support of the proposed agreement.

D. Any local government receiving notice of referral pursuant to subsection C of this section, or any other party, may submit data, exhibits, documents, or other supporting materials relevant to the commission's review as it deems appropriate; however, the submissions should be responsive to all relevant elements of 1VAC50-20-610. Any party submitting materials to the commission pursuant to this chapter shall also designate an individual who shall serve as principal contact with the commission during the period of its the commission's review and shall furnish the individual's name, title, address, phone telephone number, and, where available, fax number and email address. The commission may establish a time by which all submissions by respondent parties must be received. Any party submitting materials to the commission pursuant to this chapter shall also provide an annotated listing of the material to the parties to the proposed voluntary settlement agreement notify the parties to the voluntary settlement agreement of the submission. Such notification shall include contact information for the commission's staff with instructions to contact the commission for copies of the documents submitted to the commission.

1VAC50-20-270. Referral to commission of proposed town-county agreement defining annexation rights.

A. Referral to the commission of a proposed town-county agreement defining annexation rights pursuant to § 15.2-3231 of the Code of Virginia shall be accompanied by resolutions, joint or separate, of the governing bodies of the town and county requesting the commission to review the agreement. The resolutions shall also state the intention of the governing bodies to adopt the agreement subsequent to the commission's review and shall indicate the name, title, address, phone telephone number, and, where available, fax number and email address of the individual who shall serve as each locality's principal contact with the commission during the period of its review. Referrals to the commission pursuant to § 15.2-3231 of the Code of Virginia shall also be accompanied by a listing of local governments receiving notice of such referral under subsection C of this section.

B. Any affidavit made pursuant to § 15.2-3232 B of the Code of Virginia shall be filed with the commission within five business days of execution.

C. Any notice given under § 15.2-3232 B of the Code of Virginia shall include contact information for the commission's staff with instructions to contact the commission for copies of the documents submitted to the commission.

D. Any party referring a proposed agreement to the commission for review pursuant to § 15.2-3231 of the Code of Virginia may submit with the proposed agreement as much data, exhibits, documents, or other supporting materials as deemed appropriate; however, submissions should be fully responsive to all relevant elements of 1VAC50-20-560.

C. Whenever a proposed agreement is referred to the commission for review pursuant to subsection A of this section, the parties to the proposed agreement shall concurrently give notice of the referral to each Virginia local government with which either party is contiguous or with which either party shares any function, revenue, or tax source. All notices of referral shall be accompanied by a copy of the proposed agreement, or a descriptive summary thereof, and an annotated listing of all documents, exhibits, and other materials submitted to the commission in support of the proposed agreement.

D. E. Any person or local government receiving notice of referral pursuant to subsection C of this section, or any other party, may submit data, exhibits, documents, or other supporting materials relevant to the commission's review as they deem the person or local government deems appropriate; however, the submissions should be responsive to all relevant elements of 1VAC50-20-560. Any party submitting materials to the commission pursuant to this chapter shall also designate an individual who shall serve as principal contact with the commission during the period of its the commission's review and shall furnish the individual's name, title, address, phone telephone number, and, where available, fax number and email address. The commission may establish a time by which all submissions by respondent parties must be received. Any party submitting materials to the commission pursuant to this chapter shall also provide an annotated listing of the material to the parties to the proposed agreement notify the parties to the agreement defining annexation rights of the submission. Such notification shall include contact information for the commission's staff with instructions to contact the commission for copies of the documents submitted to the commission.

1VAC50-20-310. Referral to commission of town petition for order establishing annexation rights.

A. Any town unable to reach an agreement with its county as to future annexation rights may, pursuant to § 15.2-3234 of the Code of Virginia, adopt an ordinance petitioning the commission for an order establishing its rights to annex territory in such county. The petition to the commission shall include the terms of a proposed order establishing the town's annexation rights and shall indicate the name, title, address, phone telephone number, and, where available, fax number and email address of the individual who shall serve as the town's principal contact with the commission. Petitions to the commission pursuant to § 15.2-3234 of the Code of Virginia shall also be accompanied by a copy of the ordinance and by a listing of all local governments being served or receiving notice of the town's petition pursuant to subsection C of this section.

B. Any town petitioning the commission under the authority of § 15.2-3234 of the Code of Virginia may submit with the petition as much data, exhibits, documents, or other supporting materials as deemed appropriate; however, the submissions should be fully responsive to all relevant elements of 1VAC50-20-616.

C. Any town petitioning for an order establishing its annexation rights under the authority of § 15.2-3234 of the Code of Virginia shall serve a copy of the petition and ordinance on the Commonwealth's attorney, or the county attorney if there be is one, and on the chairman chair of the board of supervisors of the county whose territory would be affected by the town's proposed annexation order. The town shall also give notice of its petition to all other towns located within the affected county and to each Virginia local government adjoining such county. The service in the county and the notice to other localities shall be accompanied by an annotated listing of all materials must include contact information for the commission's staff with instructions to contact the commission for copies of additional documents and exhibits submitted to the commission pursuant to subsection B of this section.

D. A county served with a copy of a town's petition pursuant to subsection C of this section shall file its response to such petition with the commission within 60 days after receipt of the service. Any other party receiving notice pursuant to subsection C of this section, with an interest in the proceedings may also submit materials to the commission for consideration with respect to the town's petition within 60 days of their receipt of the notice. The commission may establish a time by which all submissions by respondent parties must be received, so long as the time is no earlier than the county's response date. Responses and submissions to the commission pursuant to this chapter may include data, exhibits, documents, or other materials as the submitting party deems appropriate; however, such responses and submissions should be responsive to all relevant elements of 1VAC50-20-616. Any party submitting materials to the commission for review pursuant to this chapter shall also designate an individual who shall serve as principal contact with the commission and shall furnish the individual's name, title, address, phone telephone number, and, where available, fax number and email address. Any party submitting materials to the commission pursuant to this chapter shall also provide an annotated listing of the material to the town petitioning the commission notify the town that they have submitted materials to the commission.

1VAC50-20-350. Referral to commission of boundary line adjustment.

A. Whenever a court refers a proposed boundary line adjustment to the commission pursuant to § 15.2-3109 of the Code of Virginia, the localities proposing the boundary line adjustment shall, upon receipt of notification of the referral, provide the commission with a copy of their the petition to the court and shall designate an individual for each locality who shall serve as principal contact with the commission and shall furnish the individual's name, title, address, phone telephone number, and, where available, fax number and email address. Referrals to the commission pursuant to § 15.2-3109 of the Code of Virginia shall also be accompanied by a listing of local governments receiving notice of the referral under subsection C of this section.

B. The two localities proposing a boundary line adjustment pursuant to § 15.2-3109 of the Code of Virginia may, jointly or independently, submit to the commission with their the petition as much data, exhibits, documents, or other supporting materials as they the localities deem appropriate; however, such submissions should be fully responsive to all relevant elements of 1VAC50-20-600.

C. Whenever a proposed boundary line adjustment is referred to the commission for review pursuant to § 15.2-3109 of the Code of Virginia, the localities proposing the adjustment shall concurrently give notice of the proposed adjustment as well as notice of the referral of the issue to the commission to each Virginia local government with which either party is contiguous and to any other Virginia local government deemed by the localities proposing the adjustment to be potentially affected by the proposed adjustment. The notice shall include a copy of the petition requesting the boundary line adjustment, or an informative summary thereof, and an annotated listing of all documents, exhibits, and other materials submitted to the commission for review pursuant to subsection B of this section.

D. C. Any person or local government receiving notice of a proposed boundary line adjustment pursuant to subsection C of this section, or any other party, may submit data, exhibits, documents, or other supporting materials relevant to the commission's review as they deem the person or local government deems appropriate; however, such submissions should be responsive to all relevant elements of 1VAC50-20-600. Any party submitting materials to the commission pursuant to this chapter shall also designate an individual who shall serve as principal contact with the commission during the period of its the commission's review and shall furnish the individual's name, title, address, phone telephone number, and, where available, fax number and email address. The commission may establish a time by which all submissions by respondent parties must be received. Any party submitting materials to the commission pursuant to this chapter shall also provide an annotated listing of the materials to the localities proposing the boundary line adjustment notify the localities proposing the boundary line adjustment that the party has submitted evidence to the commission.

1VAC50-20-382. Referral to commission of proposed economic growth-sharing agreements.

A. Referral of a proposed economic growth-sharing agreement to the commission under the provisions of § 15.2-1301 of the Code of Virginia shall be accompanied by resolution, joint or separate, of the governing bodies of the localities that are parties to the proposed agreement requesting the commission to review the agreement. The resolutions shall also state the intention of the governing bodies to adopt the agreement subsequent to the commission's review and shall indicate the name, title, address, phone telephone number, and, where available, fax number and email address of the individual who shall serve as each locality's principal contact with the commission during the period of its the commission's review. Referrals to the commission pursuant to § 15.2-1301 of the Code of Virginia shall also be accompanied by a listing of local governments receiving notice of the referral under subsection C of this section.

B. Any party referring a proposed economic growth-sharing agreement to the commission for review pursuant to § 15.2-1301 of the Code of Virginia may submit with the proposed agreement as much data, exhibits, documents, or other supporting materials as deemed appropriate; however, the submissions should be fully responsive to all relevant elements of 1VAC50-20-612.

C. Whenever a proposed economic growth-sharing agreement is referred to the commission for review pursuant to subsection A of this section, the parties to the proposed agreement shall concurrently give notice of the referral to each Virginia local government with which any of the parties is contiguous, or with which any of the parties shares any function, revenue, or tax source. All notices of referral shall be accompanied by a copy of the proposed agreement, or a descriptive summary thereof, and an annotated listing of all documents, exhibits, and other materials submitted to the commission in support of the proposed agreement include contact information for the commission's staff with instructions to contact the commission for copies of the additional documents and exhibits submitted to the commission.

D. Any local government receiving notice of referral pursuant to subsection C of this section, or any other party, may submit data, exhibits, documents, or other supporting materials relevant to the commission's review as it deems appropriate; however, the submissions should be responsive to all relevant elements of 1VAC50-20-612. Any party submitting materials to the commission pursuant to this chapter shall also designate an individual who shall serve as principal contact with the commission during the period of its the commission's review, and shall furnish the individual's name, title, address, phone telephone number, and, where available, fax number and email address. Any party submitting materials to the commission pursuant to this chapter shall also provide an annotated listing of the material to the parties to the proposed agreement notify the parties to the economic growth-sharing agreement that they have submitted materials to the commission. The commission may establish a time by which all submissions by respondent parties must be received.

1VAC50-20-390. General provisions applicable to mandatory commission reviews.

A. Any local government or other party appearing before the commission relative to any mandatory review may be represented by counsel.

B. The commission shall generally schedule for consideration issues in the order in which received; however, the commission reserves the right to consider issues in other sequence where it deems appropriate. Where notices are received of related or competitive actions affecting the same localities, the commission may, where appropriate, consider the issues and render the reports or a consolidated report concurrently.

C. Subsequent to its receipt of an issue for a mandatory review, the commission or the commission's staff shall meet, or otherwise converse, with representatives of the principally affected parties for purposes of establishing a schedule for its review of the issue. The schedule shall include dates for (i) for the submission of responsive materials from affected jurisdictions, (ii) for tours of affected areas and oral presentations if any are desired by the commission, (iii) for a public hearing, and (iv) for the issuance of the commission's report, as well as other dates the commission deems appropriate.

D. The commission may continue or defer its proceedings with respect to an issue at any time it deems appropriate; however, no continuance or deferral shall result in an extension of the commission's reporting deadline beyond any time limit imposed by law, except by agreement of the parties or in accordance with other statutory procedures. The commission shall also accept requests for continuances or deferrals from any party at any time during its proceedings but shall not grant or deny any such requests until all parties have had an opportunity to comment on the requests. In any instance where the commission grants a continuance or a deferral, the continuance or deferral may be conditioned upon an appropriate extension of the commission's reporting deadline with respect to the issue under review.

E. The commission may confront the necessity of continuing or deferring its proceedings as a result of statutory requirement or court order. In such instances, the commission shall reschedule its proceedings, upon consultation with the parties, in a manner that permits an expeditious conclusion of its review. The parties should anticipate, however, that the duration of the continuance or stay shall result in a commensurate delay in the issuance of the commission's report.

F. In addition to any meeting, presentation, public hearing, or other gathering of the parties specified by this chapter, the commission may, where it deems necessary for an analysis of material or for a discussion or clarification of the issues before it, schedule other meetings of appropriate parties.

G. No party to a proceeding before the commission for mandatory review shall communicate in any manner with any member of the commission with respect to the merits of the issue under review except as is authorized by this chapter, or as may be otherwise authorized by the commission or its chair.

H. In addition to the submissions authorized by 1VAC50-20-180 through 1VAC50-20-384, the commission may allow supplemental submissions deemed necessary or appropriate by the commission for the provision of current and complete data. Where supplemental submissions are authorized pursuant to this subsection, copies of all submissions shall be provided by the submitting party to all principal parties. The commission shall endeavor to establish dates for the filing of all supplemental submissions which that will allow an opportunity for their review and critical analysis by other affected parties. However, the commission may accept supplemental submissions filed after any established dates if, in the commission's judgment, the submissions assist the commission in the discharge of its statutory responsibilities.

I. Any material submitted to the commission by the parties in conjunction with or relative to any notice filed pursuant to any mandatory review covered by 1VAC50-20-180 through 1VAC50-20-384, except materials presented in the context of negotiations or mediation of a confidential nature as authorized by law, shall be considered public documents and made available by the submitting party commission for review by any other interested party or by the public. Any interested party or member of the public may request copies of any such material which shall be provided promptly by the party submitting the material to the commission at a price sufficient to cover the expense incurred from the commission or its staff in accordance with the Department of Housing and Community Development's Freedom of Information Act policies. In addition, the commission will post all public documents, as defined in this subsection, on its website.

J. Each document, exhibit, or other material submitted to the commission shall bear a title, the date of preparation, a detailed citation of the sources from which all data are obtained, and the name of the entity which that submitted the document, exhibit, or other material. All material submitted to the commission by a local government shall be, as nearly as practicable, in the same form as the material would subsequently be submitted to the courts. The commission may refuse to accept for review and consideration any exhibit, document, or other material unless the person preparing it, or a representative of the entity responsible for its submission, shall be is willing to appear before the commission for purposes of answering questions concerning the material.

K. Unless otherwise requested, wherever the regulations of the commission call for the projection of data, the projections should be made for a 10-year period. In each instance where projections are given, the method and bases of the projections should be indicated.

L. All data, exhibits, documents, or other material submitted to the commission on the initiative of a party or pursuant to a request from the commission shall be certified by the submitting party as to (i) as to source and (ii) as to the fact that the material is correct within the knowledge of the submitting party.

M. Any party filing notice or making submissions to the commission shall provide at least eight copies of all submissions, unless the commission agrees that a lesser number would be sufficient for its review and analysis. The commission may make provisions for the electronic filing of submissions, including facsimile.

N. At any time during the course of the commission's review of any issue, the commission's staff may solicit additional data, documents, records, or other materials from the parties as is deemed necessary for proper analysis of any issue. Where such materials are solicited from a party, the commission's staff, where practicable, shall make the request in writing, with copies of the request being provided to other principal parties. Copies of all materials submitted to the commission pursuant to this chapter shall concurrently be provided to each principal party or shall be made available to the parties in a manner acceptable to the commission. The commission shall be given written notification by the submitting party of each principal party provided a copy of the material or of arrangements proposed for making the material available to the principal parties.

O. The commission shall not be limited in its analysis of any issue to the materials submitted by the parties but shall undertake independent research as it deems appropriate in order to assure ensure a full and complete investigation of each issue.

P. The commission shall request all parties to cooperate fully in the development and timely sharing of data relative to the issue under review. The commission considers the cooperation among parties vital to the discharge of its responsibilities.

Q. The commission may allow the parties to correct the data, exhibits, documents, or other material submitted to the commission prior to the date established for the closing of the record pursuant to 1VAC50-20-640 B. Where corrections are authorized pursuant to this chapter, copies of all corrections shall be provided by the submitting party to all principal parties. If, in the commission's judgment, the corrections are of a substantive nature as to significantly alter the scope or character of the issue under review, the commission may delay its proceedings for an appropriate amount of time to provide an opportunity for other parties to respond to the corrected data, exhibits, documents, or other material.

R. Following the receipt of a notice, the commission may request the party initiating the proposed action to prepare and file testimony in support of the proposed action. The testimony of the party initiating the proposed action may refer to all data, exhibits, documents, or other material previously submitted to the commission or filed with the testimony. In all proceedings in which the initiating party files testimony, the affected party shall be permitted and may be requested by the commission to file, on or before a date established by the commission, testimony in response to the proposed action. The testimony of the affected party may refer to all data, exhibits, documents, or other material previously submitted to the commission or filed with the testimony. Any affected party who that chooses not to file testimony by the date established by the commission may not thereafter present testimony except by permission of the commission, but may otherwise fully participate in the proceeding and engage only in cross-examination of the testimony of other parties. Failure to comply with the directions of the commission, without good cause shown, may result in rejection of the testimony by the commission. The commission may permit the parties to correct or supplement any prepared testimony before or during the oral presentations as called for in 1VAC50-20-620. Eight copies of prepared testimony shall be filed unless otherwise specified by the commission.

1VAC50-20-540. Annexation.

In developing its findings of fact and recommendations with respect to a proposed annexation, the commission shall consider the relevant information, data, and factors listed in this section. Any city or town filing notice with the commission that it proposes to annex territory shall submit with the notice data and other evidence responsive to each element listed in this section that it the city or town deems relevant to the proposed annexation. Any voters or property owners filing notice pursuant to § 15.2-2907 of the Code of Virginia with the commission seeking annexation to a municipality shall submit with the notice data and other evidence responsive to each element listed in this section that they those parties deem relevant to the proposed annexation, except that subdivision 1 of this section is required to be included in the notice filed with the commission.

1. A written metes and bounds description of the boundaries of the area proposed for annexation having, as a minimum, sufficient certainty to enable a layman layperson to identify the proposed new boundary. The description may make reference to readily identifiable monuments, such as public roads, rivers, streams, railroad rights of way, and similar discernible physical features.

2. A map showing (i) the boundaries of the area proposed for annexation and their geographic relationship to existing political boundaries; (ii) identifiable unincorporated communities; (iii) major streets, highways, schools, and other major public facilities; (iv) significant geographic features, including mountains and bodies of water; (v) existing uses of the land, including residential, commercial, industrial, and agricultural; and (vi) information deemed relevant as to the possible future use of the property within the area sought for annexation.

3. A land-use table showing both the acreage and percentage of land currently devoted to the various categories of land use in the municipality, the county, and the area proposed for annexation.

4. The past, the estimated current, and the projected population of the municipality, the county affected by the proposed annexation, and the area of the county proposed for annexation.

5. The past, the estimated current, and the projected future number of public school students enrolled in the public schools and the number of school-age children living in the municipality, the county affected by the proposed annexation, and the area of the county proposed for annexation.

6. The assessed property values, by major classification, and if appropriate, the ratios of assessed values to true values for real property, personal property, machinery and tools, merchants' capital, and public service corporation property for the current year and the preceding 10 years for the municipality and the county affected by the proposed annexation, and similar data for the current year for the area of the county proposed for annexation.

7. The current local property and nonproperty tax rates and the tax rates for the preceding 10 years, applicable within the municipality, the county affected by the proposed annexation, and the area of the county proposed for annexation.

8. The estimated current local revenue collections and intergovernmental aid, the collections and aid for the previous 10 years, and projections of the collections and aid (including tax receipts from real property, personal property, machinery and tools, merchants' capital, business and professional license, consumer utility, and sales taxes) within the municipality, and the county affected by the proposed annexation, and similar data for the past year for the area of the county proposed for annexation.

9. The amount of long-term indebtedness and the purposes for which all long-term debt has been incurred by the municipality and the county affected by the proposed annexation.

10. The need in the area proposed for annexation for urban services, including those listed in this subdivision, the level of services provided by the municipality and by the county affected by the proposed annexation, and the ability of the municipality and the county to provide the services in the area proposed for annexation:

a. Sewage treatment;

b. Water;

c. Solid waste collection and disposal;

d. Public planning;

e. Subdivision regulation and zoning;

f. Crime prevention and detection;

g. Fire prevention and protection;

h. Public recreational facilities;

i. Library facilities;

j. Curbs, gutters, and sidewalks;

k. Storm drains;

l. Street lighting;

m. Snow removal;

n. Street maintenance;

o. Schools;

p. Housing; and

q. Public transportation.

11. Efforts made by the municipality and the county affected by the proposed annexation to comply with applicable state policies with respect to environmental protection, public planning, education, public transportation, housing, and other state service policies promulgated by the General Assembly.

12. The community of interest which that may exist (i) may exist between the municipality and the area proposed for annexation and its citizens and or (ii) may exist between that area and its citizens and the rest of the county; the. The term "community of interest" may include consideration of natural neighborhoods, natural and manmade boundaries, the similarity of service needs, and economic and social bonds.

13. Any arbitrary prior refusal to cooperate by the governing body of the municipality or of the county affected by the proposed annexation, if such has occurred, to enter into cooperative agreements providing for joint activities that would have benefited citizens of both localities.

14. The need for the municipality to expand its tax resources, including its real estate and personal property tax base.

15. The need of the municipality to obtain land for industrial, commercial, and residential development.

16. The adverse effect on the county affected by the proposed annexation resulting from the loss of areas suitable and developable for industrial, commercial, or residential use.

17. The adverse effect on the county of the loss of tax resources and public facilities necessary to provide services to those persons in the remaining areas of the county after the proposed annexation.

18. The adverse impact of the proposed annexation on agricultural operations located in the area proposed for annexation.

19. The terms and conditions upon which the municipality proposes to annex, its plans for the improvement of the annexed territory during the 10-year period following annexation, including the extension of public utilities and other services, and the means by which the municipality shall finance the improvements and extension of services.

20. Data pertinent to a determination of the appropriate financial settlement between the municipality and the affected county as required by § 15.2-3211 of the Code of Virginia and other applicable provisions of the Code of Virginia.

21. The commission's staff shall endeavor to assist parties contemplating or involved in annexation proceedings by identifying additional data elements considered by the commission to be relevant in the disposition of annexation issues.

1VAC50-20-550. Partial county immunity.

In developing its findings of fact and recommendations with respect to a proposed petition for partial immunity, the commission shall consider the relevant information, data, and factors listed in this section. Any county filing notice with the commission that it proposes to seek immunity for a portion of its territory shall submit with the notice data and other evidence responsive to each element listed in this section that it the county deems relevant to the proposed petition for partial immunity.

1. A written metes and bounds description of the area for which immunity is sought having, as a minimum, sufficient certainty to enable a layman layperson to identify the proposed immunity areas. The description may make reference to readily identifiable monuments, such as public roads, rivers, streams, railroad rights of way, and similar discernible physical features.

2. A map or maps showing: (i) the boundaries of the area proposed for immunity and their geographic relationship to existing political boundaries; (ii) identifiable unincorporated communities; (iii) major streets, highways, schools, and other major public facilities; (iv) significant geographic features, including mountains and bodies of water; (v) existing uses of the land, including residential, commercial, industrial, and agricultural; and (vi) information deemed relevant as to the possible future use of the property within the area for which immunity is sought.

3. A land-use table showing both the acreage and percentage of land currently devoted to the various categories of land use in the county, the affected city, and the area proposed for immunity.

4. The estimated current and projected population and population density of the areas for which immunity is sought.

5. The urban services, including but not limited to those listed below in this subdivision, provided in the area for which immunity is sought and the type and level of services in relation to those furnished by the city from which immunity is sought:

a. Sewage treatment;

b. Water;

c. Solid waste collection and disposal;

d. Public planning;

e. Subdivision regulation and zoning;

f. Crime prevention and detection;

g. Fire prevention and protection;

h. Public recreational facilities;

i. Library facilities;

j. Curbs, gutters, sidewalks;

k. Storm drains;

l. Street lighting;

m. Snow removal;

n. Street maintenance;

o. Schools;

p. Housing; and

q. Public transportation.

6. Efforts made by the county to comply with applicable state policies with respect to environmental protection, public planning, education, public transportation, housing, and other state service policies promulgated by the General Assembly.

7. The community of interest that: (i) may exist between the area for which immunity is sought and the remainder of the county; (ii) the community of interest which that may exist between that area and the city from which immunity is sought; and (iii) the relative strength of the community of interests.

8. Any instance in which either the county or the affected city has arbitrarily refused to cooperate in the joint provision of services.

9. Whether the proposed grant of immunity would substantially foreclose a city of 100,000 population or less from expanding its boundaries by annexation.

10. The commission's staff shall endeavor to assist localities contemplating or involved in partial immunity proceedings by identifying the additional data elements considered by the commission to be relevant in the disposition of partial immunity issues.

1VAC50-20-560. Town-county agreements defining annexation rights.

In developing its findings of fact and recommendations with respect to a proposed town-county annexation agreement, the commission shall consider the relevant information, data, and factors listed in this section. Any town or county presenting proposed annexation agreements to the commission under the provisions of § 15.2-3231 of the Code of Virginia shall submit with the proposed agreement data and other evidence responsive to each element listed in this section that it the town or county deems relevant.

1. A written metes and bounds description of those areas of the county made eligible for annexation under the proposed agreement having as a minimum, sufficient certainty to enable a layman layperson to identify those areas. The description may make reference to readily identifiable monuments such as public roads, rivers, streams, railroad rights of way, and similar discernible physical features.

2. A map showing (i) the boundaries of the various areas eligible for annexation under the proposed agreement and their relationship to existing political boundaries; (ii) identifiable unincorporated communities; (iii) major streets, highways, schools, and other major public facilities; (iv) significant geographic features, including mountains and bodies of water; (v) existing uses of the land, including residential, commercial, industrial, and agricultural; and (vi) information deemed relevant as to the possible future use of the property in the areas affected by the proposed agreement.

3. A land-use table showing both the acreage and percentage of land currently devoted to the various categories of land use in the town, the county, and the areas of the county affected by the agreement.

4. The past, the estimated current, and the projected population of the town, the county, and those areas of the county affected by the proposed agreement.

5. The past, the estimated current, and the projected number of public school students enrolled in the public schools and the number of school-age children living in the town, the county, and those areas of the county affected by the proposed agreement.

6. The assessed property values, by major classification and, if appropriate, the ratios of assessed values to true values for real property, personal property, machinery and tools, merchants' capital, and public service corporation property for the current and preceding 10 years for the town, and the county, and similar data for the current year in those areas of the county affected by the proposed agreement.

7. The need of the municipality to expand its tax resources, including its real estate and personal property tax base.

8. The need of the municipality to obtain land for industrial, commercial, and residential development.

9. The current and prospective need for additional urban services in the areas of its county subject to annexation under the agreement.

10. Plans for the immediate and future improvement of areas annexed under the terms of the agreement, including the extension of public utilities and other services.

11. The commission's staff shall endeavor to assist localities contemplating or involved in town-county agreements defining annexation rights by identifying additional data elements considered by the commission to be relevant in the disposition of the issues.

1VAC50-20-570. Town incorporation.

In developing its findings of fact and recommendations with respect to a proposed town incorporation, the commission shall consider the relevant information, data, and factors listed in this section. Parties Any party filing notice with the commission that they propose the party proposes to have a community incorporated as a town, or whose petition for incorporation has been referred to the commission by the court pursuant to § 15.2-3601 of the Code of Virginia, shall submit with such notice or subsequent to the court referral data and other evidence responsive to each element listed in this section that they deem the party deems relevant to the proposed incorporation.

1. A petition signed by not fewer than 100 duly qualified voters residing within the boundaries of the proposed town supporting the proposed incorporation.

2. A written metes and bounds description of the area proposed for incorporation as a town having, as a minimum, sufficient certainty to enable a layman layperson to identify the proposed town boundary. The description may make reference to readily identifiable monuments, such as public roads, rivers, streams, railroad rights of way, and similar discernible physical features.

3. A map showing (i) the boundaries of the proposed town and their relationship to existing political boundaries; (ii) identifiable unincorporated communities; (iii) major streets, highways, schools, and other major public facilities; (iv) significant geographic features, including mountains and bodies of water; and (v) existing uses of the land, including residential, commercial, industrial, and agricultural.

4. A land-use table showing both the acreage and percentage of land currently devoted to the various categories of land use in the area proposed for incorporation.

5. The past, the estimated current, and the projected population of the area proposed for incorporation and the county within which the town would be situated.

6. Information indicating (i) why the proposed incorporation is desired and in the interest of the inhabitants; (ii) how the general good of the community is served by the incorporation; and (iii) why the services needed within the proposed town cannot be provided by the establishment of a sanitary district, through the extension of existing county services, or by other arrangements provided by law.

7. The commission shall endeavor to assist communities contemplating or involved in proposed town incorporations by identifying additional data elements considered by the commission to be relevant in the disposition of incorporation issues.

1VAC50-20-580. Town-city transitions.

In developing its findings of fact and recommendations with respect to a proposed town to city transition, the commission shall consider the relevant information, data, and factors listed in this section. Any town filing notice with the commission that it proposes to become a city shall submit with the notice data and other evidence responsive to each element listed in this section that it the town deems relevant to the proposed transition.

1. A written metes and bounds description of the boundaries of the proposed city having, as a minimum, sufficient certainty to enable a layman layperson to identify the proposed city boundary. The description may make reference to readily identifiable monuments, such as public roads, rivers, streams, railroad rights of way, and similar discernible physical features.

2. A map or maps showing: (i) the boundaries of the proposed city and their geographic relationship to existing political boundaries; (ii) identifiable unincorporated communities; (iii) major streets, highways, schools, and other major public facilities; (iv) significant geographic features, including mountains and bodies of water; (v) existing uses of the land, including residential, commercial, industrial, and agricultural; and (vi) information deemed relevant as to the possible future use of the property within the proposed city.

3. A land-use table showing both the acreage and percentage of land currently devoted to the various categories of land use in the proposed city.

4. The past, the estimated current, and the projected population of the proposed city and the county affected by the proposed transition.

5. The past, the estimated current, and the projected future number of public school students enrolled in the public schools and the number of school-age children living in the proposed city and the county affected by the proposed transition.

6. The assessed values, by major classification and, if appropriate, the ratios of assessed values to true values for real property, personal property, machinery and tools, merchants' capital, and public service corporation property for the current year and the preceding 10 years for the county and within the proposed city.

7. The current local property and nonproperty tax rates, and the tax rates for the preceding 10 years, applicable within the county and the proposed city.

8. The estimated current local revenue collections and intergovernmental aid, the collections and aid for the previous 10 years, and projections of the collections and aid, including tax receipts from real property, personal property, machinery and tools, merchants' capital, business and professional license, consumer utility, and sales taxes, within the county and the proposed city.

9. The amount of long-term indebtedness and the purposes for which that long-term debt has been incurred by the municipality and the county affected by the proposed transition.

10. The current type and level of urban services provided by the town, the additional services to be provided and the additional costs to be borne by the proposed city, and the means by which the proposed city shall finance the additional services and costs.

11. The fiscal capacity of the town to function as an independent city and to provide appropriate urban services.

12. The effect and impact of the proposed transition on the ability of the county to meet the service needs of its remaining population and the means by which any substantial impairment of the county's ability to meet those needs shall be offset.

13. The effect of the proposed transition on compliance with and the promotion of applicable state policies with respect to environmental protection, public planning, education, public transportation, housing, and other state service policies declared by the General Assembly.

14. Data pertinent to a determination of the appropriate financial settlement as required by § 15.2-3829 and other applicable provisions of the Code of Virginia.

15. The commission's staff shall endeavor to assist localities contemplating or involved in town-city transition proceedings by identifying additional data elements considered by the commission to be relevant in disposition of town to city transition issues.

1VAC50-20-590. County-city transitions.

In developing its findings of fact and recommendations with respect to a proposed county to city transition, the commission shall consider the relevant information, data, and factors listed in this section. Any county filing notice with the commission that it proposes to become a city shall submit with the notice data and other evidence responsive to each element listed in this section that it the county deems relevant to the proposed transition.

1. A map showing (i) the location of all towns situated within the county; (ii) all adjoining and adjacent localities; (iii) identifiable unincorporated communities within the county; (iv) the population density of the various areas of the county; (v) the areas of the county served by urban services; (vi) major streets, highways, schools, and other major public facilities; (vii) significant geographic features, including mountains and bodies of water; (viii) existing uses of the land, including residential, commercial, industrial, and agricultural; and (ix) information deemed relevant as to the possible future use of the property within the county.

2. A land-use table showing both the acreage and percentage of land currently devoted to the various categories of land use in the county.

3. The past, the estimated current, and the projected future population of the county, each town within the county, and of the major densely populated unincorporated communities within the county.

4. The past, the estimated current, and the projected future number of public school students enrolled in the public schools and the number of school-age children living in the county and in each town within the county.

5. The assessed values, by major classification and, if appropriate, the ratios of assessed values to true values for real property, personal property, machinery and tools, merchants' capital, and public service corporation property for the current year and the preceding 10 years for the county and each town within the county.

6. The current local property and nonproperty tax rates, and the tax rates for the preceding 10 years, within the county and all towns within the county.

7. The estimated current local revenue collections and intergovernmental aid, the collections and aid for the previous 10 years, and projections of the collections and aid (including tax receipts from real property, personal property, machinery and tools, merchants' capital, business and professional license, consumer utility, and sales taxes) within the county and within each town within the county.

8. The amount of long-term indebtedness of the county and each town within the county and the amount and purpose for which that debt has been incurred.

9. Data regarding (i) the urban-type services presently provided by the county; (ii) the level of those services; (iii) the areas of the county served by those services; (iv) the additional services to be provided and the additional cost to be borne by the proposed city; and (v) the means by which the proposed city shall finance the additional services and costs.

10. The fiscal capacity of the county to function as an independent city and to provide appropriate services.

11. The impact of the proposed transition on compliance with and the promotion of applicable state policies with respect to environmental protection, public planning, education, public transportation, housing, and other state service policies declared by the General Assembly.

12. The commission's staff shall endeavor to assist localities contemplating or involved in proposed county-city transitions by identifying additional data elements considered by the commission to be relevant in the disposition of county to city transition issues.

1VAC50-20-600. Boundary line adjustment.

In developing its findings of fact and recommendations with respect to a proposed boundary line adjustment, the commission shall consider the relevant information, data, and factors listed in this section. The localities petitioning for a boundary line adjustment under the provisions of § 15.2-3109 of the Code of Virginia shall, separately or jointly, at the time they the localities initiate such petition to the court, submit to the commission data and other evidence responsive to each element listed in this section that is relevant to the boundary line adjustment.

1. A written metes and bounds description of the precise segment of the boundary for which an adjustment is sought having, as a minimum, sufficient certainty to enable a layman layperson to identify the boundary segment in question. The description may make reference to readily identifiable monuments, such as public roads, rivers, streams, railroad rights of way, and similar discernible physical features.

2. A map or maps showing: (i) the precise segment of the boundary that the parties agree should be adjusted; (ii) identifiable unincorporated communities; (iii) major streets, highways, schools, and other major public facilities; (iv) significant geographic features, including mountains and bodies of water; (v) existing uses of the land, including residential, commercial, industrial, and agricultural; and (vi) information deemed relevant as to the possible future use of the land.

3. The estimated past, the estimated current, and the projected future population and population density of all areas adjacent to the segment of the boundary proposed for adjustment and of other areas possibly affected by the proposed boundary line adjustment.

4. A land-use table showing both the acreage and percentage of land currently devoted to the various categories of land use in all areas adjacent to the segment of the boundary proposed for adjustment and in other areas possibly affected by the proposed boundary line adjustment.

5. The past, the estimated current, and the projected future number of public school students enrolled in the public schools and the number of school-age children living in all areas adjacent to the segment of the boundary proposed for adjustment and in other areas possibly affected by the proposed boundary line adjustment.

6. The assessed and true real property values, by major classification of those areas adjacent to the segment of the boundary proposed for adjustment and of any other area possibly affected by the proposed adjustment and other fiscal data relative to the issue.

7. Maps indicating the principal alternative boundary line adjustments which that have been considered by the parties and a brief statement as to how each alternative adjustment would promote the effective and efficient provision of public services.

8. Information as to why the proposed boundary line adjustment is sought by the parties.

9. The commission's staff shall endeavor to assist localities contemplating or involved in proposed boundary line adjustments by identifying additional data elements considered by the commission to be relevant in the disposition of boundary line adjustment issues.

1VAC50-20-601. City-town transitions.

In developing its findings of fact and recommendations with respect to a proposed transition of a city to town status, the commission shall consider the relevant information, data, and factors listed in this section. Any city filing notice with the commission that it proposes to become a town or any petition for the transition of a city to town status that has been referred to the commission by the court pursuant to § 15.2-4104 of the Code of Virginia should be accompanied by data and other evidence responsive to each element listed in this section that is relevant to the proposed transition.

1. Map or maps A map showing (i) the boundaries of the city proposed for transition and their geographic relationship to other political boundaries; (ii) identifiable unincorporated communities; (iii) major streets, highways, schools, and other major public facilities; (iv) significant geographic features, including mountains and bodies of water; (v) existing uses of the land within the city, including residential, commercial, industrial, and agricultural; and (vi) information deemed relevant as to the possible future use of the land within the city.

2. The past, the estimated current, and the projected future population and population of the city and the county affected by the proposed transition, and the estimated density of the city and the affected county.

3. A land-use table showing both the acreage and percentage of land currently devoted to the various categories of land use in the city and the county affected by the proposed transition.

4. The past, the estimated current, and a five-year projection of the future number of public school students enrolled in the public schools and the number of school-age children living in the city and the county affected by the proposed transition.

5. The assessed values, by major classification for real property, personal property, machinery and tools, merchants' capital, and public service corporation property for the current year and the preceding 10 years for the city and for the county affected by the proposed transition.

6. The current local property and nonproperty tax rates, and the rates for the preceding 10 years, applicable within the city and the county affected by the proposed transition.

7. The estimated current local revenue collections (including receipts from real property, personal property, machinery and tools, consumer utility, sales taxes, etc., and receipts from nontax sources) and intergovernmental aid, and the collections and aid for the preceding 10 years, for the city and the county affected by the proposed transition.

8. The identification of those services performed by the city that are proposed for assumption by the county as a result of the proposed transition, the number of customers or recipients of each service within the city that would be served by the county subsequent to the transition, and the aggregate annual cost to the county for the provision of services within the city.

9. The identification of those services that would be provided by the town subsequent to the proposed reversion, the number of recipients of each service within the municipality, and the aggregate annual cost to the proposed town for the provision of services.

10. The identification of those city-owned facilities that are proposed for transfer to the county, the identification of those that would be retained by the proposed town, and the current fair market value and the outstanding city debt attributable to each facility.

11. The current outstanding debt of the city, the applicable portion of debt stated as a percentage of the city's constitutional debt limit, and the current schedule for the retirement of all municipal debt.

12. The identification of that portion of the city's indebtedness that is proposed for transfer to the county and the purposes for which the debt has been incurred.

13. Estimates of the annual amount of tax and nontax revenues to be collected by the county within the municipality subsequent to the proposed transition.

14. Estimates of the annual additional amount of intergovernmental aid to be received by the county as a result of the proposed transition.

15. An estimate of the net aggregate fiscal impact of the proposed transition on the county during the initial year subsequent to the transition and during each of the ensuing five years.

16. An estimate of the adjustment required in the county's real property tax rate, assuming that the net aggregate fiscal impact on the county resulting from the transition is addressed solely by an adjustment in the rate.

17. An estimate of the net aggregate fiscal impact of the proposed transition on the city during the initial year subsequent to the transition and during each of the ensuing five years.

18. An estimate of the adjustment required in the municipality's real property tax rate, assuming that the net aggregate fiscal impact on the city resulting from the transition is addressed solely by an adjustment in the rate.

19. The effect of the proposed transition on compliance with and the promotion of applicable state policies with respect to environmental protection, public planning, education, public transportation, housing, and other state service policies declared by the General Assembly.

20. Specification of the terms and conditions that should be established by the court to balance the equities between the city and the county; protect the best interests of the affected localities, their residents, and the Commonwealth; and ensure an orderly transition of the city to town status.

21. The commission's staff shall endeavor to assist the parties involved in proceedings for the transition of a city to town status by identifying additional data elements considered by the commission to be relevant in the disposition of city to town transition issues.

1VAC50-20-605. County-city consolidations.

In developing its findings of fact and recommendations with respect to a proposed consolidation of a county and a city that would establish an independent city, the commission shall consider the relevant information, data, and factors listed in this section. Local governments Any local government filing notice proposing the consolidation of a city and a county to establish an independent city, or any committee of citizens that has been appointed by the circuit court to act for and in lieu of a governing body to perfect a consolidation agreement pursuant to § 15.2-3531 of the Code of Virginia shall, separately or jointly, submit to the commission data and other evidence responsive to each element listed in this section that they deem the local government or committee deems relevant to the proposed consolidation.

1. Copy of the consolidation agreement.

2. A map showing (i) the location of all municipalities situated within the proposed consolidated city; (ii) all adjoining and adjacent localities; (iii) identifiable unincorporated communities within the proposed consolidated city; (iv) major streets, highways, schools, and other major public facilities; (v) significant geographic features, including mountains and bodies of water; (vi) existing uses of the land, including residential, commercial, industrial, and agricultural; and (vii) information deemed relevant as to the possible future use of the property within the proposed consolidated city and as to its future viability.

3. The past, the estimated current, and the projected population of each locality proposing to consolidate.

4. The population density of the proposed consolidated city based on the most recent United States decennial census or as estimated by the Weldon Cooper Center for Public Service at the University of Virginia.

5. A land-use table showing both the acreage and percentage of land currently devoted to the various categories of land use in the proposed consolidated city.

6. The estimated current and a five-year projection of the future number of public school students enrolled in the public schools in each locality proposing to consolidate and the number of school-age children living in the proposed consolidated city.

7. The assessed values, by major classification for real property, personal property, machinery and tools, merchants' capital, and public service corporation property for the current year and the preceding 10 years for the county and the city proposing to consolidate and the proposed consolidated city.

8. The estimated local property and nonproperty tax rates that will be applicable within the proposed consolidated city.

9. The estimated local revenue collections, including tax receipts from real property, personal property, machinery and tools, merchants' capital, business and professional license, consumer utility, and sales taxes and intergovernmental aid, such collections and aid for the preceding 10 years, and projections of the collections and aid within each of the localities proposing to consolidate.

10. The amount of long-term indebtedness of each of the localities proposing to consolidate and the amount and purpose for which that debt has been incurred.

11. Data regarding (i) the urban-type services presently provided by each of the localities proposing to consolidate, (ii) the level of those services to be provided in the proposed consolidated city, (iii) the additional services to be provided and the additional cost to be borne by the proposed consolidated city, and (iv) the means by which the proposed consolidated city shall finance the additional services and costs.

12. The fiscal capacity of the proposed consolidated city to function as an independent city and to provide appropriate services.

13. The impact of the proposed consolidation on compliance with and the promotion of applicable state policies with respect to environmental protection, public planning, education, public transportation, housing, and other state service policies declared by the General Assembly.

14. The impact of the proposed consolidation on the interest of the Commonwealth in promoting strong and viable units of government in the area.

15. The commission's staff shall endeavor to assist the parties involved in proceedings for the consolidation of a county and a city that would establish an independent city by identifying additional data elements considered by the commission to be relevant in the disposition of city-county consolidation issues.

1VAC50-20-610. Voluntary settlement agreements.

In developing its findings of fact and recommendations with respect to a proposed agreement developed under the authority of § 15.2-3400 of the Code of Virginia, the commission shall consider the relevant information, data, and factors listed in this section. Local governments submitting a proposed agreement for review shall, separately or jointly, submit to the commission data and other evidence responsive to each element listed in this section that they the local governments deem relevant to the proposed voluntary settlement agreement.

1. If the agreement proposes a municipal boundary expansion, submissions should include data and evidence responsive to the relevant provisions of 1VAC50-20-540.

2. If the agreement proposes the immunization of areas of a county from annexation or the incorporation of new cities, submissions should include data and evidence responsive to the relevant provisions of 1VAC50-20-550.

3. If the agreement proposes the incorporation of a town, submissions should include data and evidence responsive to the relevant provisions of 1VAC50-20-570.

4. If the agreement proposes the transition of a town to city status, submissions should include data and evidence responsive to the relevant provisions of 1VAC50-20-580.

5. If the agreement proposes the transition of a county to city status, submissions should include data and evidence responsive to the relevant provisions of 1VAC50-20-590.

6. If the agreement proposes the transition of a city to town status, submissions should include data and evidence responsive to the relevant provisions of 1VAC50-20-601.

7. If the agreement proposes a revenue-sharing plan or similar arrangement by which jurisdictions will share the tax or revenue sources of an area, submissions should include:

a. A description of the plan;

b. Calculations indicating for each locality the projected future contributions to the plan for the next five-year period;

c. Each locality's projected net annual receipts or net annual contributions to the plan for the next five-year period;

d. Each locality's annual expenditures for the past five years and its projected annual expenditures for the next five years by general operating, school, and debt service categories;

e. Each locality's real estate and public service corporation property assessed values for the past five years and projected for the next five-year period;

f. Each locality's annual revenue for the past five years and projected for the next five-year period (exclusive of receipts from or payments to the economic growth sharing plan) by source and type;

g. Each locality's anticipated major capital needs for the next five-year period; and

h. Other information indicating the general equity of the proposed plan for each participating locality.

8. The commission's staff shall endeavor to assist localities contemplating or involved in the development of voluntary settlement agreements under the authority of § 15.2-3400 of the Code of Virginia by identifying additional data elements considered by the commission to be relevant to the commission's review of such agreements.

1VAC50-20-612. Voluntary economic growth-sharing agreements.

In developing its findings of fact and recommendations with respect to a proposed voluntary economic growth-sharing agreement developed under the authority of § 15.2-1301 of the Code of Virginia, the commission shall consider the relevant information, data, and factors listed in this section. Local governments submitting such a proposed agreement for review shall, separately or jointly, submit to the commission data and other evidence responsive to each element listed in this section that they the local governments deem relevant to the proposed agreement.

1. A copy of the proposed agreement and a description of the economic growth-sharing plan.

2. A description of the financial investment or other contributions which that each participating locality will make to the project(s) project envisaged under the agreement.

3. Projections of each participating locality's net annual receipts or net annual contributions to the project(s) project specified in the agreement for the next 10-year period, or for a lesser or greater period as deemed appropriate.

4. A description of any dedication or restriction on the use of funds generated by the project(s) project specified in the agreement for the participating localities.

5. Calculations indicating the estimated impact of the project(s) project proposed in the agreement on the annual operating expenditures of each participating jurisdiction for the next 10-year period, or for a lesser or greater period as deemed appropriate.

6. Calculations indicating the estimated impact of the project(s) project proposed in the agreement on the current and prospective capital expenditures of each participating jurisdiction over the course of the next 10-year period, or over a lesser or greater period as deemed appropriate.

7. Calculations indicating the estimated impact of the project(s) project proposed in the agreement on the debt and annual debt service of each participating jurisdiction over the course of the next ten 10-year period, or over the course of a lesser or greater period as deemed appropriate.

8. Information indicating the general equity of the proposed plan for each participating locality.

9. Other information which that would assist the commission in analyzing the "probable effect on the people" in the participating jurisdictions of the proposed agreement.

10. The commission's staff shall endeavor to assist localities contemplating or involved in the development of voluntary economic growth-sharing agreements under the authority of § 15.2-1301 of the Code of Virginia by identifying additional data elements considered by the commission to be relevant to the commission's review of such agreements.

1VAC50-20-616. Order defining a town's future annexation rights.

In developing its order defining the future annexation rights of a town pursuant to § 15.2-3234 of the Code of Virginia, the commission shall consider the relevant information, data, and factors listed in this section. Any petition referred to the commission requesting an order establishing a town's future annexation rights should be accompanied by data and other evidence responsive to each element listed in this section that the town deems relevant to the issue.

1. Information regarding the inability of the town and the county to reach a voluntary agreement as to the future annexation rights of the town.

2. Terms and conditions of a proposed order establishing the town's future annexation rights.

3. Data and evidence responsive to the relevant provisions of 1VAC50-20-540.

4. The commission's staff shall endeavor to assist localities involved in proceedings concerning an order defining a town's future annexation rights by identifying additional data elements considered by the commission to be relevant in the disposition of such issues.

1VAC50-20-620. Oral presentations by parties.

A. In the course of its analysis of any issue, the commission may schedule oral presentations for purposes of permitting the parties to amplify their submissions, to critique and to offer comment upon the submissions and evidence offered by other parties, and to respond to questions relative to the issue from the commission. The presentations, if scheduled, shall extend for a period of time as the commission may deem appropriate.

B. If oral presentations are scheduled by the commission, the chair shall select, subsequent to the receipt of recommendations from the parties, an appropriate site for the presentations. Recommendations by the parties regarding the sites should be based upon the adequacy of space for the display and movement of exhibits; the adequacy of seating arrangements for the commission, its the commission's staff, representatives of the parties, a court reporter, and the public; the adequacy of security at the site to permit materials to be left unattended during recesses; and the adequacy of the acoustical acoustic characteristics of the site to facilitate communications or the availability of a public address system.

C. Local governments or other parties desiring to present exhibits or data requiring special equipment should be prepared to provide such special equipment.

D. The commission may, where it deems appropriate, consolidate two or more interlocal issues before it for purpose of oral presentations.

E. The commission shall, within the requirements of law, conduct the oral presentations in the manner it considers best suited for reaching a decision in the best interest of the parties and in the best interest of the Commonwealth.

F. The chair, or other member the commission designated to preside during any oral presentations, may allocate time to the various parties as the chair or presiding member deems appropriate. The allocation of time shall be based upon the needs of the commission to review data, to examine witnesses, and to obtain an understanding of the relevant factors affecting the issue under review.

G. The sequence in which testimony will be received by the commission during any oral presentations shall be established by the chair or presiding member, but shall generally be as follows:

1. A brief opening statement by each party, if desired;

2. Presentation by the party initiating the issue before the commission;

3. Presentations by the local governments immediately affected by the action proposed by the initiating party, in an order established by the chair or presiding member;

4. Presentations by other parties, in an order established by the chair or presiding member;

5. Rebuttal where requested by a party and agreed to by the chair or presiding member.

H. The chair or presiding member may, to the extent the chair or presiding member deems appropriate, permit parties to question witnesses regarding submissions, their testimony, or other facts relevant to the issues before the commission. Where a party is represented by counsel, such questioning may be conducted by counsel.

Where the parties have prefiled testimony at the commission's request pursuant to 1VAC50-20-390 R, the questioning of individuals whose testimony has been prefiled shall be limited to a cross-examination of such testimony. The commission may accept additional oral testimony from individuals whose testimony has been prefiled during the presentations where good cause is shown. Where additional oral testimony is accepted by the commission, the commission shall provide an opportunity for other parties to respond to the testimony and to cross-examine the individual offering such testimony.

I. The chair or presiding member may, during or at the conclusion of the oral presentations, permit or request oral argument on the issues before the commission.

J. The commission, and its staff, may question any witness or representative of any party during the oral presentations regarding any submission, testimony, or other fact which that the commission considers relevant to the issues before it. The chair or presiding member shall endeavor to call for commission questioning in a manner designed to expedite the presentations.

K. The commission may accept depositions from persons unable to attend an oral presentation. Depositions shall only be accepted under conditions deemed acceptable by the commission, including conditions assuring ensuring an opportunity for all affected local governments to be present and to examine adequately examine the witness during the taking of depositions.

L. The parties or their counsel shall be expected to confer in advance of the time and date set for presentations in order to inform one another of their prospective witnesses and the order of their the anticipated appearance of the witnesses. All material, data, or exhibits proposed for presentation to the commission during the oral presentations and not previously will be made available to the other parties shall be exchanged or made available to the parties prior to presentation to the commission, subject to the qualifications in subsection M of this section and the public and on the commission's website whenever possible.

M. The commission requires that all materials, data, and exhibits be presented to it and made available to other parties in advance of the commencement of the onsite component of the commission's review. The commission may accept additional materials, data, and exhibits during the onsite component of its review upon unanimous consent of the members present. Where late submissions are accepted by the commission, the commission shall provide an opportunity for other parties to respond to the filings.

N. The commission may record by mechanical device, unless other recording arrangements are made by the parties, all testimony given during the oral presentations, but shall prepare a transcript of the recording only when deemed appropriate. The commission shall provide, upon request, any party a duplicate copy of the transcript or recording, if made, at a price sufficient to cover the expense incurred in accordance with the Department of Housing and Community Development's Freedom of Information Act policies. In lieu of recording by the commission, the parties may arrange to provide a court reporter at their the expense of the parties. Where a court reporter is utilized, the commission shall receive one copy of the transcript.

1VAC50-20-630. Public hearing.

A. In all cases where a public hearing is required by law, the commission shall conduct the public hearing at which any interested person or party may testify. The commission shall generally schedule the public hearing in conjunction with the oral presentations held, if any, with respect to the issue; however, public hearings regarding proposed town incorporations required pursuant to § 15.2-3601 of the Code of Virginia shall be held no sooner than 30 days after receipt of the court request for commission review.

B. Prior to holding the public hearing, the commission shall publish notice of the pending hearing as required by law.

In addition to the notice of public hearing required by this subsection, a town that is a party to an agreement defining annexation rights negotiated pursuant to § 15.2-3231 of the Code of Virginia shall give written notice of the commission's hearing at least 10 days before the hearing to the owners owner or their the owner's agent of each parcel of land included in the area proposed for annexation under the terms of the agreement. One notice sent by first-class mail to the last known address of the owners owner or their the owner's agent as shown on the current county real estate tax assessment books or current county real estate tax assessment records shall be deemed adequate compliance with this requirement, provided that the clerk of the town shall make an affidavit that the mailings have been made and file the affidavit with the commission.

C. The commission shall request the party initiating the issue before it and the other principally affected parties to place on public display in or adjacent to the office of the chief administrative officer of each principally affected local government copies of all materials which that are available to them the party and which that have been submitted to the commission for consideration with respect to the issue. The material should be made conveniently available to the public during normal working hours. The commission also encourages the parties to make available to the public other copies of the material at libraries, educational facilities, or available on their websites or at other public places in order that the public might have ample opportunity to study the material prior to the public hearing. The commission's advertisements published under subsection B of this section shall announce the availability of the material at the offices of the administrators and at other facilities as may be selected by the parties for display purposes.

D. The commission shall request the chief administrative officer (or other official) of each jurisdiction principally affected by the issue before the commission to make suitable arrangements in or adjacent to their offices the official's office for the registration of speakers at the public hearing. The commission shall furnish appropriate registration forms for that purpose. The commission's advertisements under subsection B of this section shall advise the public that registration to speak at the public hearing may be accomplished at the offices of the local administrators or, alternatively, through the offices of the commission in Richmond. The commission may also permit speakers to register at the site and at the time of the public hearing and shall request the assistance of the local administrative officers in making suitable arrangements for such registration.

E. The chair or other member of the commission designated to preside over the proceedings shall select the site for the public hearing subsequent to the receipt of recommendations from the parties. Recommendations from the parties should be based upon a site's accessibility to residents of the areas and jurisdictions principally affected, its seating capacity, the adequacy of parking facilities, the availability of a public address system, and seating arrangements permitting the commission to have proper visual contact with the public.

F. The commission shall request the parties to cooperate in the preparation of the site for the public hearing and shall request that a minimum number of maps and exhibits be placed on display at the site in order that persons any person testifying may identify their that person's residences, property, businesses, or other concerns in relation to the proposed issue.

G. The commission shall request the local jurisdiction within which the site for the public hearing is situated to make appropriate arrangements in order to assure ensure the security and the orderliness of the proceedings.

H. The chair or the presiding member shall determine the sequence of speakers at a public hearing, but the sequence shall ordinarily conform to the sequence of their the registration of speakers. The chair or presiding member may, however, vary the sequence of speakers in order that persons from all affected jurisdictions and areas, and those representing different perspectives, might have equal opportunity for the timely presentation of their comments.

I. The commission shall endeavor to allow any person or party wishing to speak at a public hearing an opportunity to do so. The chair or presiding member may establish time limits for the presentation of testimony as the chair or presiding member deems appropriate. The chair or presiding member may also rule testimony irrelevant, immaterial, or unduly repetitious. Proponents and opponents of a proposed action are encouraged to designate a chief spokesman for economy of time and for the avoidance of repetitious comment.

J. Any person or party testifying before the commission at the public hearing may extend their remarks in written form for subsequent submission. During the course of the public hearing, the commission shall establish a date by which the extended written comment must be received for consideration.

K. The commission may record by mechanical device, unless other arrangements are made, all testimony given during the public hearing but shall prepare a transcript of the recording only when it deems appropriate. The commission shall provide any person or party with a copy of the transcript or recording, if made, at a price sufficient to cover the expense incurred in accordance with the Department of Housing and Community Development's Freedom of Information Act policies. The parties may arrange to provide a court reporter, at their expense. Where a court reporter is utilized, the commission shall receive one copy of the transcript.

L. The commission may, where it deems appropriate, consolidate two or more interlocal issues for purposes of a public hearing.

1VAC50-20-640. Conclusion of mandatory reviews.

A. The commission may request or authorize the parties to an issue to submit, at a time established by the commission, a written concluding argument with proposed findings and recommendations.

B. The commission shall not accept for consideration or for inclusion in the record of a case any document, exhibit, or other material submitted after the date established by it for the close of the record. This regulation shall not preclude the commission's acceptance of data or information from any party at any time which that has been solicited by the commission or its staff.

C. The commission shall prepare an official record of all proceedings before it of such a nature and in such a manner as it deems appropriate.

D. C. The commission shall submit a written report on the issues presented to it in the manner and at such time as provided by law. The reports shall set forth findings of fact and recommendations on both the merits of a proposed action and, where appropriate and feasible, the financial aspects thereof. Copies of reports shall be made available to the parties and to members of the public requesting such that request a copy. The commission may charge a fee for copies of its reports in an amount sufficient to cover the cost of duplication, shipping, and handling accordance with the Department of Housing and Community Development's Freedom of Information Act policies and applicable law.

E. D. Subsequent to its review of a petition submitted by a town under the authority of § 15.2-3234 of the Code of Virginia, and based upon the applicable statutory standards, the commission shall enter an order granting annexation rights to the town. The order may grant the town annexation rights upon the terms proposed by the town in its petition or upon some other basis as the commission deems appropriate and consistent with law. The order shall in no event grant the town the right to annex county territory by ordinance more frequently than once every five years.

1VAC50-20-650. Statutorily invoked mediation in annexation immunity issues.

A. For purposes of this section, as the requirements in this section pertain to § 15.2-2907 E of the Code of Virginia, the following definitions shall apply:

"Initial notice" means the notice sent to the commission by a locality proposing an action pursuant to § 15.2-2907 A of the Code of Virginia.

"Annexation or partial immunity suit" or "suit" means a court proceeding intended to resolve an annexation or partial immunity dispute that is filed after the commission has issued its advisory report pursuant to § 15.2-2907 of the Code of Virginia.

B. When any county, city, or town seeks to negotiate an agreement with one or more localities relative to annexation or partial immunity under the authority granted by § 15.2-2907 E of the Code of Virginia, it shall notify the commission, and copies of the notice shall be served on all adjacent localities. The notice to the commission shall be accompanied by satisfactory evidence that the governing body of the locality giving notice supports the negotiation. Local governments negotiating under the above referenced provision of law § 15.2-2907 E of the Code of Virginia shall keep the commission advised of progress in the negotiations. If, after a hearing, the commission finds that none of the parties is willing to continue to negotiate, or if it finds, based on progress reports and with or without a hearing, that three months have elapsed with no substantial progress, it shall declare the negotiations to be terminated. Unless the parties agree otherwise, negotiations shall in any event terminate 12 months from the date the initial notice was first given to the commission of the desire to negotiate. Once the commission has declared negotiations terminated, or upon the expiration of the 12 month negotiating term or any agreed extension thereof 12 months after the commission's receipt of the initial notice, or upon any extension of the 12-month deadline agreed to by both parties, whichever comes first, no new notice to negotiate shall be filed by any party. Upon the request of the local governments negotiating under the authority of § 15.2-2907 E of the Code of Virginia, the commission, or its designee, may be requested to serve as mediator, and, in addition, the commission's staff and resources shall be available to assist the negotiating local governments. All expenses incurred by the commission and its staff in assisting with negotiations shall be borne by the parties initiating the negotiations unless otherwise agreed.

C. The commission will neither accept a notice filed under the authority granted by § 15.2-2907 E of the Code of Virginia before the initial notice is filed nor accept a notice after 12 months has passed since receipt of the initial notice, unless both parties agree to an extension.

TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF WILDLIFE RESOURCES

Final Regulation

Title of Regulation: 4VAC15-20. Definitions and Miscellaneous: In General (amending 4VAC15-20-100, 4VAC15-20-155, 4VAC15-20-160, 4VAC15-20-210; repealing 4VAC15-20-110).

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Effective Date: January 1, 2026.

Agency Contact: Aaron Proctor, Policy Manager, Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 801-8199, or email aaron.proctor@dwr.virginia.gov.

Summary:

The amendments (i) remove a mandate describing motor vehicle use on department-owned lands; (ii) repeal a section providing requirements for paper licenses and records; and (iii) remove redundant text and text that restates statute.

4VAC15-20-100. Prohibited use of vehicles on department-owned lands.

It shall be unlawful on department-owned lands to drive through or around gates designed to prevent entry with any type of motorized vehicle or to use such vehicles to travel anywhere on such lands except on roads open to vehicular traffic. Any motor-driven vehicle shall conform with all state laws for highway travel; provided, that this requirement shall not apply to the operation of motor vehicles for administrative purposes by department-authorized personnel on department-owned lands. Nothing in this section shall be construed to prohibit the use of Class one or Class two electric power-assisted bicycles as defined in § 46.2-100 of the Code of Virginia where traditional bicycles are allowed. Class three electric power-assisted bicycles as defined in § 46.2-100 are prohibited. Nothing in this section shall be construed to prohibit the department from allowing the use of wheelchairs or other power-driven mobility devices by individuals with mobility disabilities in accordance with the federal Americans with Disabilities Act of 1990 (P.L. 101-336, 104 Stat. 327).

For the purposes of this section, the term "wheelchair" means a manually operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor, or of both indoor and outdoor, locomotion. "Other power-driven mobility device" means any mobility device powered by batteries, fuel, or other engines, whether or not designed primarily for use by individuals with mobility disabilities, that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistive mobility devices, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair within the meaning of this section.

4VAC15-20-110. Refusal to surrender licenses, permits, stamps, or records to department representatives. (Repealed.)

No agent, or any other person for him, in possession of issued or unissued hunting, fishing or trapping licenses, permits, stamps, or records pertaining to them, shall refuse to surrender upon demand such licenses, permits, stamps or records to department representatives authorized by the director to take such licenses, permits, stamps, and records into custody.

4VAC15-20-155. Camping on Wildlife Management Areas and other department-owned or department-managed lands.

A. Temporary dispersed camping, with no amenities provided, may only be performed on Wildlife Management Areas (WMAs) and other department-owned or managed lands when occupants are engaged in authorized activities and in strict compliance with established terms and conditions, including those listed in this section. Camping may be prohibited on certain portions or entire parcels of department-owned or managed lands, including certain WMAs.

B. A. Authorization. It shall be unlawful to camp without written authorization from the department. Written authorization to camp is required in addition to any and all other licenses, permits, or authorizations that may otherwise be required. Written authorization is obtained by completing and submitting a Camping Authorization Form. Only an individual 18 years of age or older who is a member of and accepts responsibility for the camp and camping group may be issued a camping authorization.

C. B. Camping periods. Unless otherwise posted or authorized, it shall be unlawful to camp for more than 14 consecutive nights, or more than 14 nights in a 28-day period on department-owned or controlled lands. At the end of the authorized camping period, all personal property and any refuse must be removed.

D. C. Allowed and prohibited locations. Back country camping is allowed. Adjacent to roadways, camping is allowed only in previously cleared areas. No vegetation may be cut, damaged, or removed to establish a campsite. Enclosed camping trailers or camping vehicles are allowed if they do not occupy the entire available parking area in that location. It shall be unlawful to camp within 300 feet of any department-owned lake, boat ramp, or other facility. It shall be unlawful to camp at other specific locations as posted. This section shall not prohibit active angling at night along shorelines where permitted.

E. D. Removal of personal property and refuse. Any person who establishes or occupies a camp shall be responsible for the complete removal of all personal property and refuse when the camping authorization has expired. Any personal property or refuse that remains after the camping authorization has expired shall be considered litter and punishable pursuant to § 33.2-802 of the Code of Virginia.

F. E. It shall be unlawful when camping on department-owned or managed department-managed lands to store or leave unattended any food (including food for pets and livestock), refuse, bear attractant, or other wildlife attractant unless it is (i) in a bear-resistant container; (ii) in a trunk of a vehicle or in a closed, locked, hard-sided motor vehicle with a solid top; (iii) in a closed, locked, hard-body trailer; or (iv) suspended at least 10 feet clear of the ground at all points and at least four feet horizontally from the supporting tree or pole and any other tree or pole. It shall be unlawful to discard, bury, or abandon any food, refuse, bear attractant, or other wildlife attractant unless it is disposed of by placing it inside an animal-resistant trash receptacle provided by the department.

G. F. Any violation of this section or other posted rules shall be punishable as a Class III misdemeanor, and the camping permit shall become null and void. The permittee shall be required to immediately vacate the property upon summons or notification. A second or subsequent offense may result in the loss of camping privileges on department-owned or managed properties.

4VAC15-20-160. Nuisance species designated.

A. The board hereby designates the following species as nuisance species pursuant to § 29.1-100 of the Code of Virginia.

1. Mammals.

a. House mouse (Mus musculus);

b. Norway rat (Rattus norvegicus);

c. Black rat (Rattus rattus);

d. Coyote (Canis latrans);

e. Feral hog (Sus scrofa; any swine that are wild or for which no proof of ownership can be made);

f. Nutria (Myocastor coypus); and

g. Woodchuck (Marmota monax).

2. Birds.

a. European starling (Sturnus vulgaris);

b. English (house) sparrow (Passer domesticus); and

c. Pigeon (Rock Dove) (Columba livia).; and

d. Other nonnative species as defined in the Migratory Bird Treaty Reform Act of 2004 and regulated under 50 CFR 10.13.

B. It shall be unlawful to take, possess, transport, or sell all other wildlife species not classified as game, furbearer or nuisance, or otherwise specifically permitted by law or regulation.

4VAC15-20-210. Definitions; nonindigenous aquatic nuisance species.

A. In addition to the species already listed in § 29.1-571 of the Code of Virginia, the board hereby designates the following species as nonindigenous aquatic nuisance species pursuant to § 29.1-100 of the Code of Virginia.

1. Fish.

a. Black carp (Mylopharyngodon piceus)

2. Invertebrates.

a. New Zealand mudsnail (Potamopyrgus antipodarum)

b. Rusty crayfish (Orconectes rusticus)

c. Chinese mitten crab (Eriocheir sinensis)

d. Marbled crayfish (Marmorkrebs – genus Procambarus)

B. It shall be unlawful to take, possess, transport, import, sell, or offer for sale within the Commonwealth any nonindigenous aquatic nuisance species except as authorized by law or regulation.

TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF WILDLIFE RESOURCES

Final Regulation

Title of Regulation: 4VAC15-30. Definitions and Miscellaneous: Importation, Possession, Sale, etc., of Animals (amending 4VAC15-30-40; repealing 4VAC15-30-10).

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Effective Date: January 1, 2026.

Agency Contact: Aaron Proctor, Policy Manager, Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 801-8199, or email aaron.proctor@dwr.virginia.gov.

Summary:

The amendments (i) repeal 4VAC15-30-10 because the provisions contained in that section duplicate statute and (ii) remove an unnecessary provision regarding snakehead fish exemptions.

4VAC15-30-10. Possession, importation, sale, etc., of wild animals. (Repealed.)

Under the authority of §§ 29.1-103 and 29.1-521 of the Code of Virginia it shall be unlawful to take, possess, conduct research, import, cause to be imported, export, cause to be exported, buy, sell, offer for sale, or liberate within the Commonwealth any wild animal unless otherwise specifically permitted by law or regulation. Unless otherwise stated, for the purposes of identifying species regulated by the board, when both the scientific and common names are listed, the scientific reference to genus and species will take precedence over common names.

4VAC15-30-40. Importation requirements, possession, and sale of nonnative (exotic) animals.

A. Permit required. A special permit is required and may be issued by the department, if consistent with the department's fish and wildlife management program, to import, possess, or sell those nonnative (exotic) animals listed in the following table and in 4VAC15-20-210 that the board finds and declares to be predatory or undesirable within the meaning and intent of § 29.1-542 of the Code of Virginia, in that their introduction into the Commonwealth will be detrimental to the native fish and wildlife resources of Virginia.

B. Temporary possession permit for certain animals. Notwithstanding the permitting requirements of subsection A of this section, a person, company, or corporation possessing any nonnative (exotic) animal designated with an asterisk (*) in subsection A of this section prior to July 1, 1992, must have proof that the animal was declared to the department in writing prior to January 1, 1993. This written declaration shall serve as a permit for possession only, is not transferable, and must be renewed every five years. This written declaration must include species name, common name, number of individuals, date or dates acquired, sex (if possible), estimated age, height or length, and other characteristics such as bands and band numbers, tattoos, registration numbers, coloration, and specific markings. Possession transfer will require a new permit according to the requirements of this subsection.

C. Exception for certain monk parakeets. No permit is required for monk parakeets (quakers) that have been captive bred and are closed-banded with a seamless band.

D. Exception for parts or products. No permit is required for parts or products of those nonnative (exotic) animals listed in subsection A of this section that may be used for personal use, in the manufacture of products, or in scientific research, provided that such parts or products are packaged outside the Commonwealth by any person, company, or corporation duly licensed by the state in which the parts originate. Such packages may be transported into the Commonwealth, consistent with other state laws and regulations, so long as the original package remains unbroken, unopened, and intact until its point of destination is reached. The person, business, or institution ordering such nonnative (exotic) animal parts shall keep documentation concerning the type and cost of the animal parts ordered, the purpose and date of the order, point and date of shipping, and date of receiving. Such documentation shall be open to inspection by a representative of the Department of Wildlife Resources.

E. Exception for snakehead fish. Anglers may legally harvest snakehead fish of the family Channidae, provided that they immediately kill such fish.

F. E. Exception for feral hogs. Anyone may legally trap feral hogs with written permission of the landowner, provided that any trapped hogs are not removed from the trap site alive and are killed immediately.

G. F. Exception for grass carp. Anglers may legally harvest grass carp of the family Cyprinidae only from public waters of the Commonwealth. It is unlawful to harvest grass carp from any public inland lake or reservoir. Anglers taking grass carp must ensure that harvested grass carp are dead.

H. G. Exception for Alabama bass. Anglers may possess live Alabama bass of the family Centrarchidae only on the body of water from which the fish were captured, provided that the angler does not live transport these fish outside of the body of water from which the fish were captured. Anglers may only release live Alabama bass back into the body of water from which the fish were captured. Anglers may legally harvest Alabama bass, provided that the anglers ensure all harvested Alabama bass are dead.

I. H. All other nonnative (exotic) animals. All other nonnative (exotic) animals not listed in subsection A of this section may be possessed, purchased, and sold, provided that such animals shall be subject to all applicable local, state, and federal laws and regulations, including those that apply to threatened and endangered species, and that no such animals shall be liberated within the Commonwealth.

TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF WILDLIFE RESOURCES

Final Regulation

Title of Regulation: 4VAC15-35. Birds: Incidental Take of Bird Species (amending 4VAC15-35-80).

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Effective Date: January 1, 2026.

Agency Contact: Aaron Proctor, Policy Manager, Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 801-8199, or email aaron.proctor@dwr.virginia.gov.

Summary:

The amendments remove general information required in the application for a permit authorizing incidental take of regulated bird species.

4VAC15-35-80. Permit procedures.

A. Required general information. A permit application must contain the following information: be completed and submitted to the department.

1. Applicant's full name and address, telephone number, and, if available, fax number and email address;

a. If the applicant resides or is located outside of the Commonwealth of Virginia, the name and address of an agent located in the Commonwealth of Virginia; and

b. If the applicant is an entity, a description of the type of entity and the name and title of an individual who will be responsible for the permit;

2. Location of the regulated activity;

3. Certification in the following language: "I hereby certify that the information submitted in this application is complete and accurate to the best of my knowledge and belief";

4. Desired effective date of the permit except where issuance date is fixed by the sector-specific plan under which the permit is issued;

5. Desired duration of the permit, if less than the default term for the sector-specific plan under which the general or individual incidental take permit is requested;

6. Date of application;

7. Signature or electronic signature of the applicant; and

8. Such other information or documentation as may be required by the applicable sector-specific plan.

B. Administrative procedures.

1. The department shall determine the completeness of an application and shall notify the applicant of any determination within 45 calendar days of receipt. Where available to the applicant, electronic communication may be considered communication in writing.

a. If, within those 45 calendar days, the application is deemed to be incomplete, the applicant shall be notified in writing of the reasons the application is deemed incomplete. If the application is resubmitted, all deadlines in this section shall apply from the date of receipt of the resubmitted application.

b. If a determination of completeness is made and the associated sector-specific plan does not require additional department review, the application is deemed approved and the applicant will be notified in writing.

c. If a determination of completeness is not made and communicated to the applicant within 45 calendar days of receipt, the application shall be deemed complete on the 46th day after receipt.

d. If the application is complete and the associated sector-specific plan requires additional department review, the department will take no more than 120 days to review. Bundled projects subject to prior approval of biennial standards and specifications as described in 4VAC15-35-90 may take up to 180 days. If, at the end of the designated review period, the department has not taken final action on the application or notified the applicant in writing of the need for an additional 60 days for review, the application shall be deemed approved.

2. During the review period, the application shall be approved or disapproved, and the decision communicated in writing to the applicant. If the application is not approved, the reasons for not approving the application shall be provided in writing. Approval or denial shall be based on the application's compliance with the requirements of this chapter and the applicable sector-specific plan.

a. If the application is not approved, the applicant shall have 45 calendar days to revise the permit application to bring it into compliance with the appropriate sector-specific plan or to appeal the decision to the director of the department under the department's dispute resolution and administrative appeals procedure. The applicant may request, in writing, an extension of the timeframe in which to submit a revised application, not to exceed an additional 60 calendar days. If the revised application is not submitted within the defined timeframe, the department will administratively close the application.

b. Upon submission of a revised application after denial, the department shall have 120 days to review and make a determination. If the application is denied again, the applicant will have 45 days after denial to appeal the decision to the director of the department under the department's dispute resolution and administrative appeal procedure. Any new revisions to the permit must be submitted as a new application.

3. Upon approval of an application for an individual incidental take permit, the department will provide the applicant with a permit, including terms and conditions. The applicant shall have 30 calendar days to appeal terms and conditions to the department director under the department's dispute resolution and administrative appeals procedures.

C. Permit issuance.

1. Denial. The department shall not issue a permit if:

a. The applicant has one or more of the disqualifying factors included in subdivision 2 of this subsection;

b. The applicant has failed to disclose material information or has made false statements as to any material fact in connection with the application; or

c. The department determines that the application fails to comply with the applicable sector-specific plan or any other applicable wildlife law, regulation, or ordinance.

2. Disqualifying factors. The department will provide written notice of any known disqualifying factors to the applicant. Any one of the following will disqualify an applicant from receiving or exercising a permit:

a. A conviction of, or entry of a plea of guilty or nolo contendere by, the applicant or a representative of the applicant for a violation of the Lacey Act (16 USC § 3371 et seq.); the federal Migratory Bird Treaty Act (16 USC § 668 et seq.); the federal Bald and Golden Eagle Protection Act (16 USC § 668 et seq.); the federal Endangered Species Act (16 USC § 1531 et seq.); the Virginia Endangered Species Act (§ 29.1-563 et seq. of the Code of Virginia); or this chapter within the five-year period preceding the application, unless such disqualification has been expressly waived by the department in response to a request by the applicant.

b. The failure to pay any required fees.

c. The suspension of any other incidental take permit. The applicant is disqualified from receiving any additional incidental take permits as long as the suspension exists.

3. Fees. An application fee of $50 and a permit fee of $50 per year shall be due for each permit. The application fee shall be due at the time of application submittal, and no No application shall be processed until the fee is received. The full amount of the permit fee shall be based on the default duration of the permit and is due at the time of certification if no approval is required. If the department's approval is required, the full amount of the permit fee is due upon approval or issuance of a permit. The fees will be deposited into the Nongame Cash Fund and used for the conservation and management of regulated bird species consistent with § 58.1-344.3 of the Code of Virginia. No refund of any fees paid shall be made if a permit application is denied or if a permit is terminated prior to the expiration date.

4. Permit renewal. Applications for renewal shall meet and comply with all requirements for permit application and be submitted at least 90 calendar days prior to the expiration of an existing permit.

5. Modifications to permits. Permits may be modified with the department's approval in accordance with the following:

a. Applicant's request. Where circumstances have changed so that an applicant desires to have any condition of the permit modified, the applicant must submit a full written justification and supporting information to the department in conformity with the terms and conditions under which the permit was issued.

b. Department determination. The department may amend any permit during its term where circumstances have changed such that amendments to the permit are deemed necessary by the department. In such instances, the department will notify the applicant in writing 60 calendar days in advance of the effective date of any amendment. The applicant shall have 30 calendar days to appeal the decision to the department director under the department's dispute resolution and administrative appeals procedures.

6. Transfer of permits and scope of permit authorization.

a. Except as otherwise provided for in this subsection, permits issued under this part are not transferable or assignable.

b. a. Permits may be transferred in whole or in part through a joint submission by the applicant and the proposed transferee, or, in the case of a deceased applicant, the deceased applicant's legal representative and the proposed transferee. The department will review the submission and approve the transfer provided that:

(1) The proposed transferee meets all of the qualifications under this part for holding a permit; and

(2) The proposed transferee has provided adequate written assurances that it will implement the relevant terms and conditions of the permit; and

(3) The proposed transferee has provided other information that the department determines is relevant to the processing of the submission.

c. b. Except as otherwise stated on the face of the permit, any person who is under the direct control of the applicant or who is employed by or under contract to the applicant for purposes authorized by the permit may carry out the activity authorized by the permit. However, the applicant will remain responsible for ensuring compliance with all aspects of the permit.

7. Discontinuance of permit activity. When an applicant discontinues activities authorized by a permit, the applicant shall within 30 calendar days of the discontinuance notify the department of permit termination within 30 calendar days of the discontinuance.

8. Permit inspections. The department shall have the right to perform inspections of a permitted activity to ensure compliance with permit conditions. Written, including electronic, or verbal notice of such inspection shall be given on a business day, and the inspection shall not occur no less than one and no more than five business days from the date of the notice, except when the department determines that an emergency inspection is necessary.

9. Permit suspension and revocation.

a. Criteria for suspension. The privileges of exercising some or all of the permit authority may be suspended at any time if the applicant is not in compliance with the conditions of the permit, the sector-specific plan, or any applicable laws or regulations governing the conduct of the regulated activity. Such suspension shall remain in effect until the department determines that the applicant has corrected the deficiencies.

b. Criteria for revocation. A permit may be revoked for any of the following reasons:

(1) The applicant willfully violates any provision of the Virginia Endangered Species Act (§ 29.1-563 et seq. of the Code of Virginia); the federal Migratory Bird Treaty Act (16 USC § 703 et seq.); the federal Bald and Golden Eagle Protection Act (16 USC § 668 et seq.); the federal Endangered Species Act (16 USC § 1531 et seq.); or the conditions or a permit issued under those acts or this chapter; or

(2) The applicant fails within 60 calendar days to correct deficiencies that were the cause of a permit suspension.

c. Procedure for suspension and revocation.

(1) The applicant shall be notified in writing of the suspension or revocation by certified or registered mail. This notice shall identify the permit to be suspended, the reasons for such suspension, and the actions necessary to correct the deficiencies and inform the applicant of the right to appeal the suspension. The department may amend any notice of suspension or revocation at any time.

(2) The applicant shall be provided with an opportunity to appeal the suspension or revocation within 30 calendar days of mailing the suspension or revocation notice. Appeal may be requested by filing a written objection specifying the reasons the applicant objects to the suspension or revocation and may include supporting documentation. Amendment of a notice of suspension or revocation will allow the applicant another 30 calendar days to appeal the decision from the date of mailing notice of the amendment if they have the applicant has not already initiated an appeal.

(3) If, at the end of 30 calendar days, no appeal has been received by the department, a final order shall be issued suspending or revoking the permit.

(4) If the applicant timely submits an appeal, an informal fact-finding proceeding will be held within 30 calendar days, or at the option of the department or the applicant, a formal hearing may be scheduled as soon as may be practicable.

(5) Following an informal fact-finding proceeding or formal hearing, a final decision shall be made by the director within 30 calendar days of the informal fact-finding proceeding or receipt of a recommendation by any hearing officer.

TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF WILDLIFE RESOURCES

Final Regulation

Title of Regulation: 4VAC15-40. Game: In General (amending 4VAC15-40-200, 4VAC15-40-260, 4VAC15-40-280).

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Effective Date: January 1, 2026.

Agency Contact: Aaron Proctor, Policy Manager, Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 801-8199, or email aaron.proctor@dwr.virginia.gov.

Summary:

The amendments (i) prohibit baited body-gripping traps on public lands; (ii) remove language prohibiting hunting of pen-raised game birds on Sunday; and (iii) remove a statement reiterating that in addition to an annual or lifetime hunting license and a big game tag, hunters who utilize Public Access Lands for Sportsmen must obtain a permit to hunt on lands managed by the department.

4VAC15-40-200. Restricted use of above ground body-gripping traps in excess of five inches.

It shall be unlawful to set above the ground any body-gripping trap with a jaw spread in excess of five inches when using any bait, lure, or scent;, provided, (i) that baited body gripping body-gripping traps with a jaw spread up to 7-1/2 inches may be used when the trap is within an enclosure with openings no greater than 60 square inches and the trap trigger is recessed at least 12 inches from all openings; provided further and (ii) that such traps must be staked to prevent them from turning over and may only not be used on private public lands with written permission of the landowner.

4VAC15-40-260. Sunday hunting on controlled shooting areas.

A. Except as otherwise provided in the sections appearing in this chapter, it shall be lawful to hunt pen-raised game birds seven days a week as provided by § 29.1-514 of the Code of Virginia. The length of the hunting season on such preserves and the size of the bag limit shall be in accordance with rules of the board. For the purpose of this chapter, controlled shooting areas shall be defined as licensed shooting preserves.

B. It shall be unlawful to hunt pen-raised game birds on Sunday on controlled shooting areas in Augusta County or in any county or city which prohibits Sunday operation by ordinance.

4VAC15-40-280. Department-owned, controlled, or managed lands; annual permit for hunting on lands managed by the department.

A. The open seasons for hunting and trapping, as well as hours, methods of taking, and bag limits for department-owned or department-controlled lands, or lands managed by the department under cooperative agreement, shall conform to the regulations of the board, unless excepted by posted rules established by the director or his the director's designee. Such posted rules shall be displayed at each recognized entrance to the land where the posted rules are in effect.

B. Department-owned lands shall be open to the public for wildlife observation and for hunting, fishing, trapping, and boating (as prescribed by 4VAC15-320-100) under the regulations of the board. Other activities deemed appropriate by the director or his the director's designee may be allowed by posted rules, by written authorization from the director or his the director's designee, or by special permit.

C. No person shall hunt on lands managed by the department through a lease agreement or other similar memorandum of agreement where the department issues an annual hunting permit without having purchased a valid annual hunting permit. The annual hunting permit shall be in addition to the required licenses to hunt, and the cost of such permit shall be the same as the cost of the annual state resident hunting license in § 29.1-303 of the Code of Virginia.

D. Activities that are not generally or specifically authorized in accordance with subsections A through C of this section are prohibited and shall constitute a violation of this regulation.

TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF WILDLIFE RESOURCES

Final Regulation

Title of Regulation: 4VAC15-90. Game: Deer (amending 4VAC15-90-280).

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Effective Date: January 1, 2026.

Agency Contact: Aaron Proctor, Policy Manager, Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 801-8199, or email aaron.proctor@dwr.virginia.gov.

Summary:

The amendment removes unnecessary regulatory text requiring that muscle tissue not be attached to the saleable pieces of a cervid, which restates a prohibition in § 29.1-521 of the Code of Virginia.

4VAC15-90-280. Sale of cervid parts and cervid mounts.

Provided that no extraneous muscle tissue is attached, it It shall be lawful to purchase or sell the hair, hide, tail, sinew, skull, antlers, bones, and feet of a legally possessed cervid carcass or cervid carcass part, any products made from these deer parts, and cervid mounts.

TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF WILDLIFE RESOURCES

Final Regulation

Title of Regulation: 4VAC15-200. Game: Rabbit and Hares (amending 4VAC15-200-60).

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Effective Date: January 1, 2026.

Agency Contact: Aaron Proctor, Policy Manager, Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 801-8199, or email aaron.proctor@dwr.virginia.gov.

Summary:

The amendment eliminates redundant language in the regulation.

4VAC15-200-60. Disposal of wild rabbit parts.

No wild rabbit carcasses or carcass parts may be discarded or disposed of directly on the ground. All such wild rabbit carcasses or carcass parts must be buried at least two feet below ground, incinerated, or securely bagged and discarded in household trash for ultimate disposal in a permitted landfill.

TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF WILDLIFE RESOURCES

Final Regulation

Title of Regulation: 4VAC15-240. Game: Turkey (amending 4VAC15-240-70).

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Effective Date: February 1, 2026.

Agency Contact: Aaron Proctor, Policy Manager, Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 801-8199, or email aaron.proctor@dwr.virginia.gov.

Summary:

The amendments (i) remove the fall harvest cap of two turkeys and (ii) limit beardless (female) turkey harvest in a license year season to one in order to protect population numbers.

4VAC15-240-70. Bag limit.

The bag limit for hunting turkeys shall be one a day, three a license year, no more than two one of which may be taken in the fall beardless.

TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF WILDLIFE RESOURCES

Final Regulation

Title of Regulation: 4VAC15-275. Game: Hunter Education (amending 4VAC15-275-10 through 4VAC15-275-40, 4VAC15-275-60, 4VAC15-275-80; repealing 4VAC15-275-70, 4VAC15-275-90, 4VAC15-275-100).

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Effective Date: January 1, 2026.

Agency Contact: Aaron Proctor, Policy Manager, Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 801-8199, or email aaron.proctor@dwr.virginia.gov.

Summary:

The amendments (i) consolidate recordkeeping requirements with certificate requirements; (ii) update the version of International Hunter Education Association (IHEA)-USA Standards, a document incorporated by reference, and a required form; (iii) remove test format and question number requirements; (iv) allow hunters to show proof of completion of a hunter education course instead of a certificate; and (v) eliminate language that is redundant to internal policy or IHEA-USA standards.

4VAC15-275-10. Application.

This chapter applies to any person who has never obtained a license to hunt in any state or country or any person who is younger than 16 years of age, unless such a person presents to the Department of Wildlife Resources or one of its authorized license vendors a certificate of completion or proof of completion in hunter education issued or authorized by the director or the director's representative under the hunter education program or proof that he the person holds the equivalent certificate obtained from an authorized agency or association of another state or country.

4VAC15-275-20. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly requires a different meaning:

"Accompanied and directly supervised" means, in the case of an apprentice hunter, that a licensed person older than 18 years of age maintains a close visual and verbal contact with, provides adequate direction to, and can immediately assume control of the firearm from the apprentice hunter. In the case of a hunter 12 years of age or younger, the term means that the licensed adult is within sight of the person the age of younger than 12 years of age.

"Adult" means the parent or legal guardian of the person age younger than 12 years of age, or such a person the age of older than 18 years of age designated by the parent or legal guardian.

"Approved course provider" is any individual, business, or organization that makes available to the hunting public a hunter education course that is approved by the International Hunter Education Association – United States (IHEA-USA) and is accepted by the department. An approved course provider shall have executed and have on file a valid cooperative agreement with the department. The department will make information regarding such approved courses and providers readily available for public access.

"Board" means the Board of Wildlife Resources.

"Department" means the Department of Wildlife Resources.

"Hunter education course" means a course offered in the classroom, through the Internet, or through an electronic format that provides course content and test questions that at a minimum meet the International Hunter Education Association-USA Education Standards, May 2, 2014 December 13, 2024, set forth by the International Hunter Education Association-USA (IHEA-USA) and are accepted by the department. A hunter education course shall include no less than 50 test questions, which shall include at least eight test questions specific to Virginia hunting laws.

"IHEA-USA" means the International Hunter Education Association-USA.

"Virginia Hunter Education Card" means a card authorized for issuance by the department to a person who has met the minimum standard of hunter education course competency. This card may be issued as an original or a replacement hunter education course card.

4VAC15-275-30. Provisions for compliance and minimum standards for hunter education course competency.

A. A person shall be considered in compliance with the requirements for hunter education if he the person meets one or more of the following provisions pursuant to § 29.1-300.2 of the Code of Virginia:

1. Completes and passes a hunter education course that is accepted by the department including a fully online course;

2. Is 16 years of age or older and has previously held a license to hunt in any state or country;

3. Is under the age of younger than 12 years of age and is accompanied and directly supervised by an adult who holds a valid Virginia hunting license; or

4. Holds a Virginia apprentice hunting license and is accompanied and directly supervised by a licensed adult hunter.

B. The minimum standards for hunter education course competency required by the department are: 1. Successful completion of a classroom-based hunter education course or through another format as determined by the department with a passing score of at least 80% on a closed-book written test administered closed book at the conclusion of the upon completion of an in-person classroom course by the designated course instructor or other designated course assistant as determined appropriate by the department; and 2. Successful completion of an Internet hunter education course that is approved by the department with a passing score of at least 90% on an open-book a self-administered test administered during the online in conjunction with the course material of a hunting safety education course delivered through the Internet.

4VAC15-275-40. Hunter education course provider requirements.

A. To be an approved course provider, any individual, business, or organization that instructs or provides a hunter education course shall execute and have on file a cooperative agreement with the department. It shall be the responsibility of the state hunter education program manager or his designee to develop and execute such agreements. A list of approved course providers and hunter education courses shall be kept by the department and made available to the public. Such list does not constitute any endorsement of any course or course provider by the department or the board.

B. A. As of January 1, 2016, any hunter education courses offered through the Internet and accepted by the department shall:

1. Meet the International Hunter Education Association-USA Education Standards, May 2, 2014 December 13, 2024, set by the IHEA-USA for course content; and

2. Be provided only by an approved course provider that has executed a valid cooperative agreement with the department. Such agreements may be amended at any time by the department and may be canceled with 30 days notice upon failure of the course provider to comply with the terms and conditions of the agreement or its amendments.

C. B. Any material or product to be used by an approved course provider that makes reference to the department must be approved by the department through the hunter education program manager or his the manager's designee before being published or distributed to the public.

D. C. Any fees charged by a course provider are set by the course provider, but must be clearly communicated to the student prior to the student taking the course. There will be no fees for Virginia hunter education courses provided by the department.

4VAC15-275-60. Hunter education course certificates, recordkeeping, and student records.

A. Upon successful completion of an online hunter education course, the approved course provider shall provide the student with a course certificate or wallet-size card. At a minimum, such certificate or card shall include the student's name and date of birth, the issuance date, the name of the course, and an indication of acceptance by the department. On a schedule and in a manner mutually agreed to through a cooperative agreement, each approved online course provider shall provide to the department a copy of the record of those students issued a course certificate or wallet-size card. Upon request by the student and subject to verification of successful course completion, it shall be the responsibility of each approved online course provider to issue a duplicate certificate or card.

B. Upon successful completion of the Virginia hunter education classroom-based course, the department shall issue a completion certificate or card, which shall include the person's name, date of birth, and the issuance date. Upon request by the person to whom the certificate or card was originally issued and subject to verification of successful completion, the department shall issue a duplicate certificate or card in accordance with its the department's policy.

C. The department shall maintain a database of all students who have successfully completed the department's classroom-based or online hunter education course. Such database shall include each student's name, address, date of birth, course or other compliance format approved by the department, and the specific name of the course.

D. Each approved course provider for hunter education courses offered over the Internet or through an electronic format shall maintain a database of all students successfully completing such course. The database shall include each student's name, address, date of birth, course completion date, and the specific name of the course.

4VAC15-275-70. Recordkeeping and student records. (Repealed.)

A. The department shall maintain a database of all students successfully completing the department's classroom-based or online hunter education course. Such database shall include, but not be limited to, student name, address, date of birth, course or other compliance format approved by the department, and the specific name of the course.

B. Each approved course provider for hunter education courses offered over the Internet or through an electronic format shall maintain a database of all students successfully completing such course. The database shall include, but not be limited to, student name, address, date of birth, course completion date, and the specific name of the course. On a schedule and in a manner mutually agreed to through a cooperative agreement, each approved course provider shall provide to the department a copy of the record of those students who successfully complete its course. Such record shall include the database information referenced in this section. It shall be the responsibility of each approved course provider to ensure that reasonable measures, such as the Payment Card Industry (PCI) data security measures, are taken to protect any acquired student data. Further, such data shall not be sold or otherwise used in any way except for the student's own completion of a hunter education course and issuance of course completion documents.

4VAC15-275-80. Instructor certification.

A. The department may designate as a hunter instructor any person found by it the department to be competent to give instruction in the courses required.

B. Volunteer instructors are designated to work on a voluntary basis and at the pleasure of the Department of Wildlife Resources department.

C. To be certified as a hunter education course instructor for the department's hunter education program, a person shall (i) have successfully completed a hunter education course and (ii) be certified as an instructor by the department or by a certification program accepted by the department.

D. Applicants for certified instructor shall submit an application to the department on a Volunteer Application form and in a manner determined by the hunter education program manager. At a minimum, the application shall include:

1. The applicant's name;

2. The applicant's street address;

3. The applicant's telephone number;

4. The applicant's email address, if any;

5. Information describing the applicant's experience and training in hunter and hunting and proof of completion of a hunter education course that is accepted by the department; and

6. Any other information deemed necessary after review of the initial application.

E. Applicants may be required to submit written consent for a criminal history background check in a manner determined by the department or an interview in a manner determined by the department and in accordance with state policy.

4VAC15-275-90. Virginia Hunter Education Card. (Repealed.)

A. The department may issue an optional long-lasting and durable Virginia Hunter Education Card to persons who can show that they have met the minimum standard of hunter education course competency pursuant to § 29.1-300.2 of the Code of Virginia.

B. Upon receipt by the applicant, the optional Virginia Hunter Education Card will serve in lieu of any other certificates or cards that have been issued to the bearer as a result of meeting the minimum standards for hunter education course competency. As such, the Virginia Hunter Education Card will not be transferable or revocable and will have no expiration date.

C. A person may apply for a replacement Virginia Hunter Education Card. A replacement card may be issued if (i) the original card is lost, stolen, or destroyed; (ii) misinformation is printed on the card; or (iii) if the bearer has legally changed his name. Supporting documentation may be required.

4VAC15-275-100. Fees. (Repealed.)

A. Pursuant to § 29.1-300.3 of the Code of Virginia, no fee shall be charged for the instructor's service.

B. Fees charged by an approved online course provider for hunter education courses other than the department's course are set by the course provider, but must be clearly communicated to the student prior to the student taking the course.

C. The fee for issuance of an optional Virginia Hunter Education Card, which will serve in lieu of a previously obtained hunter education course certificate or card, or a replacement Virginia Hunter Education Card shall be $10.

FORMS (4VAC15-275)

Volunteer Application (rev. 3/2015)

Volunteer Application for Hunter Safety Instructor (eff. 9/2025)

DOCUMENTS INCORPORATED BY REFERENCE (4VAC15-275)

International Hunter Education Association-USA Education Standards, Recommendations Submitted by the Standards and Evaluation Committee, May 2, 2014, International Hunter Education Association-USA, http://ihea-usa.org

International Hunter Education Association-USA Education Standards, Recommendations Submitted by the Standards and Evaluation Committee, December 13, 2024, International Hunter Education Association-USA, http://ihea-usa.org

TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF WILDLIFE RESOURCES

Final Regulation

Title of Regulation: 4VAC15-290. Game: Permits (amending 4VAC15-290-80, 4VAC15-290-140).

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Effective Date: January 1, 2026.

Agency Contact: Aaron Proctor, Policy Manager, Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 801-8199, or email aaron.proctor@dwr.virginia.gov.

Summary:

The amendments remove (i) certain recordkeeping requirements for holders of a permit to stuff or mount birds and animals and (ii) requirements to carry and present a Harvest Information Program (HIP) registration.

4VAC15-290-80. Stuffing or mounting birds and animals - records; inspections.

A. A holder of a permit to stuff or mount birds and animals shall keep a complete record of all transactions. Such records shall include the species to be mounted or tanned; the date of receipt; the name, address and telephone number of the person for whom the work is being performed; the name of the person who killed the specimen (if different from above); the hunting license or Virginia driving license number of such person; the county where the specimen was taken or, if taken out-of-state, the state in which it was taken; and the date the completed work was returned to the customer. Such records shall be retained for three years. These records, and the premises where such business is conducted, shall be open to inspection by representatives of the department during normal business hours as required by the permit.

B. Upon receipt of any specimen of wildlife, a A holder of a permit shall immediately affix to such each specimen a tag bearing the designation of the species, the name and address of the customer, and the date the specimen was killed. Such tag shall remain affixed to the specimen, except when the specimen is actually in the process of being worked on, until it is delivered to the customer. A numbered tag, with numbers corresponding to the number of the line entry of the records required in subsection A of this section, may be used in lieu of that.

4VAC15-290-140. Possession and display of a harvest information program authorization to hunt migratory game birds.

Every person, whether licensed or exempt from being licensed, (i) must be registered with the Virginia Harvest Information Program (HIP) to hunt migratory game birds, including waterfowl, doves, woodcock, snipe, rails, gallinules, moorhens, and coots; (ii) must carry the HIP authorization on his person when hunting; and (iii) shall present it immediately upon demand of any officer whose duty it is to enforce the game and inland fish laws. The penalty for violation of this section is prescribed by § 29.1-505 of the Code of Virginia.

TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF WILDLIFE RESOURCES

Final Regulation

Title of Regulation: 4VAC15-320. Fish: Fishing Generally (amending 4VAC15-320-25).

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Effective Date: January 1, 2026.

Agency Contact: Aaron Proctor, Policy Manager, Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 801-8199, or email aaron.proctor@dwr.virginia.gov.

Summary:

The amendments remove creel limits for blue catfish on the tidal Rappahannock and York Rivers and in the portions of the James River below the freshwater-saltwater demarcation line.

4VAC15-320-25. Creel and length limits.

The creel limits, including live possession, and the length limits for the various species of fish shall be as follows, unless otherwise excepted by posted rules at department-owned or department-controlled waters (see 4VAC15-320-100 D).

TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF WILDLIFE RESOURCES

Final Regulation

Title of Regulation: 4VAC15-330. Fish: Trout Fishing (amending 4VAC15-330-180, 4VAC15-330-190).

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Effective Date: January 1, 2026.

Agency Contact: Aaron Proctor, Policy Manager, Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 801-8199, or email aaron.proctor@dwr.virginia.gov.

Summary:

The amendments remove (i) bill of sale and record retention requirements for fishing pond operators; (ii) certain record retention requirements for persons raising brook, brown, or rainbow trout; and (iii) certain inspection requirements for trout aquaculture establishments.

4VAC15-330-180. Bills of sale for trout creeled in commercially operated fishing ponds.

The operator of a commercially operated fishing pond shall be required to furnish a receipt to each fisherman taking trout therein a bill of sale, which shall include the name of the fisherman, date, species and number of trout creeled from the pond. The fisherman shall retain this bill of sale receipt as long as the fish are in his possession and a duplicate of that shall remain with the operator of the commercially operated fishing pond and be made available for inspection by all authorized department personnel.

4VAC15-330-190. Trout artificially raised for sale.

A. Permit required. It shall be lawful to sell artificially raised brown trout, brook trout, or rainbow trout. Commercial aquaculture operations in Virginia that artificially raise and sell brown, brook, and rainbow trout must obtain a permit from the department.

B. Records. Any person who shall artificially raise brown trout, brook trout or rainbow trout for sale shall keep a record of the number and species, the number raised or, if imported, from whom purchased.

C. Inspection of premises or establishments. Any establishment raising trout or ordering, importing or possessing trout, as provided for in subsection A of this section, shall be open to inspection at all reasonable hours to any representative of the department.

D. B. Trout as bait. Artificially raised rainbow trout may be sold as bait for use in the James River and the New River, and in impoundments (ponds, lakes, and reservoirs), except impoundments listed as designated stocked trout waters, Lake Moomaw, and Philpott Reservoir. Persons possessing purchased rainbow trout for bait must have a valid invoice or bill of sale, specifying date of purchase, the number of trout purchased, and the name of an individual or business permitted to sell trout.

TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF WILDLIFE RESOURCES

Final Regulation

Title of Regulation: 4VAC15-340. Fish: Seines and Nets (amending 4VAC15-340-20, 4VAC15-340-40).

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Effective Date: January 1, 2026.

Agency Contact: Aaron Proctor, Policy Manager, Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 801-8199, or email aaron.proctor@dwr.virginia.gov.

Summary:

The amendments remove (i) the requirement that persons permitted to use a haul seine for personal use notify the regional law-enforcement office 48 hours prior to use and (ii) a provision regarding the inspection of dip nets by conservation police officers.

4VAC15-340-20. Haul seines to take fish for personal use.

A. Authorization to take fish for personal use. Pursuant to §§ 29.1-412 and 29.1-416 of the Code of Virginia, a permit to use a haul seine to take fish for personal use authorizes the holder of such permit to take nongame fish (except for those species listed in 4VAC15-20-130) with a haul seine for private table use, but not for sale in the counties of Franklin, Henry, and Patrick, and in those waters as specified in § 29.1-531 of the Code of Virginia in the county for which such permit is issued, except as otherwise prohibited in 4VAC15-320-100, 4VAC15-330-60, 4VAC15-330-20 (Repealed), and in waters listed in subsection F E of this chapter section.

B. Holder to be present when seine operated. The holder of a permit to take fish with a haul seine for personal use must be present when the seine is being operated but may have other persons to assist him who are not required to have a permit. However, those assisting the permittee or handling live fish or both must meet the fishing license requirements of the Commonwealth.

C. Length and size of haul seines. The length of a haul seine to take fish for personal use shall not be more than 60 feet in length. The minimum size of mesh shall be 1-1/2-inch bar mesh (3-inch stretch mesh).

D. Season to take fish with a haul seine. The season to take fish with a haul seine for personal use shall be from July 1 through September 30, both dates inclusive.

E. Department notification required to use a haul seine. Persons permitted to use a haul seine for personal use must notify the regional law-enforcement office a minimum of 48 hours prior to use.

F. E. Haul seine use restricted in certain areas. The use of haul seines for personal use is prohibited in the following stream sections of Franklin and Patrick counties:

FRANKLIN COUNTY

Roanoke River from County Route 634 crossing upstream to the Roanoke/Franklin County line.

PATRICK COUNTY

Smith River from Philpott Lake upstream including headwaters.

Rock Castle Creek from its confluence with Smith River upstream, including headwaters.

Dan River from VA/NC state line upstream to County Route 631 crossing.

Poorhouse Creek from its confluence with North Fork Mayo River upstream, including headwaters.

North Fork Mayo River from its confluence with Poorhouse Creek upstream.

4VAC15-340-40. Dip nets; generally.

A. Authorization to take fish with dip nets. A county dip net permit shall authorize the holder to take shad, herring, mullet, and suckers (daily creel (possession) limits for shad and herring are found in 4VAC15-320-25, there is no limit for mullet, and subsection D of this section provides limits for suckers), in the county named on the face of the permit with a dip net in inland waters, except where otherwise prohibited by local legislation or by the sections appearing in this chapter.

B. Persons required to have permit; inspection by conservation police officers. A dip net permit, or valid fishing license, shall be required for all persons using or assisting in the use of a dip net and permits, or licenses, shall be carried at all times while using such nets and shall be subject to inspection by conservation police officers.

C. Release of certain fish netted. All fish, except shad, herring, mullet, suckers, and carp, when taken with a dip net, shall be returned to the water alive with as little injury as possible.

D. Special provisions applicable only to suckers. The following special provisions shall apply only to the taking of suckers, with a dip net:

1. Not more than 20 may be taken by any person in one day;

2. The open season for taking same suckers with a dip net shall be from February 15 through May 15, both dates inclusive; and

3. Dip nets for taking such fish suckers shall not be more than six feet square.

TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF WILDLIFE RESOURCES

Final Regulation

Title of Regulation: 4VAC15-360. Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish (amending 4VAC15-360-20).

Statutory Authority: §§ 29.2-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Effective Date: January 1, 2026.

Agency Contact: Aaron Proctor, Policy Manager, Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 801-8199, or email aaron.proctor@dwr.virginia.gov.

Summary:

The amendments remove an unnecessary definition of haul seine.

4VAC15-360-20. Taking minnows and chubs for sale.

A. "Haul seine," as used in this section, when used in the inland waters of the Commonwealth above where the tide ebbs and flows shall mean a haul seine not exceeding four feet in depth by 15 feet in length and when used in the public inland waters below where the tide ebbs and flows shall mean a haul seine not exceeding four feet in depth by 100 feet in length. Such a term shall be construed also to include umbrella type nets without limit as to size and also small minnow traps with throat openings no larger than one inch in diameter.

B. A. It shall be unlawful to take minnows and chubs (Cyprinidae) for sale from the inland waters of the Commonwealth.

C. B. Commercial bait operations must have a Permit to Hold or Sell Certain Wildlife or a Permit to Propagate and Sell Certain Wildlife. With the exception of those species listed in 4VAC15-20-130, these operations may possess and sell unlimited quantities of minnows and chubs (Cyprinidae), when possession is accompanied by a valid invoice or bill of sale from an individual permitted under subsection B of this section or from a properly permitted aquaculture facility in Virginia or out-of-state.

TITLE 4. CONSERVATION AND NATURAL RESOURCES

DEPARTMENT OF ENERGY

Fast-Track Regulation

Title of Regulation: 4VAC25-40. Safety and Health Regulations for Mineral Mining (amending 4VAC25-40-670, 4VAC25-40-4060, 4VAC25-40-4230).

Statutory Authority: § 45.2-103 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 31, 2025.

Effective Date: January 15, 2026.

Agency Contact: Larry Corkey, Policy and Planning Manager, Department of Energy, 1100 Bank Street, Eighth Floor, Richmond, VA 23219-3402, telephone (804) 692-3239, or email larry.corkey@energy.virginia.gov.

Basis: Section 45.2-103 of the Code of Virginia authorizes the Department of Energy to adopt regulations necessary or incidental to the performance of its duties or execution of its powers under Title 45.2 of the Code of Virginia or any other provision of law.

Purpose: These actions benefit public welfare by removing unnecessary documents incorporated by reference (DIBR) into the regulation. This action (i) improves clarity around mine safety regulation; (ii) removes redundancy in the regulatory catalog; (iii) provides a flexible, alternative pathway to protect the health, safety, and welfare of citizens and the regulated community through hands-on training incorporating up-to-date federal safety guidelines; and (iv) reflects current practice.

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 (i) removes duplicative, redundant, or obsolete requirements and (ii) provides alternative methods of compliance.

Substance: The action removes the following outdated DIBRs: (i) National Fire Protection Association 10: Standard for Portable Fire Extinguishers; (ii) Bureau of Mines Instruction Guide 19, Mine Emergency Training; (iii) The American National Standard for Wire Rope for Miners; and (iv) Blasting Guidance Manual. In the case of Bureau of Mines Instruction Guide 19, Mine Emergency Training, a statement requiring training on emergency procedure replaces the incorporation, and for The American National Standard for Wire Rope for Miners, the statement "Nationally recognized standards" replaces the incorporation.

Issues: The primary advantage of this action is the removal of outdated and redundant regulations that are covered elsewhere in the chapter or are obsolete. The primary advantage for the agency or Commonwealth is improved clarity (i) through hands-on emergency training, (ii) around current mine safety and emergency trainings, (iii) around wire ropes and hoisting in mine operations, or (iv) around fire equipment safety in mine operations. There are no disadvantages to the Commonwealth.

Department of Planning and Budget Economic Impact Analyses:

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 Department of Energy (NRG) proposes to remove National Fire Protection Association 10: Standard for Portable Fire Extinguishers, 2013 edition (Standard for Portable Fire Extinguishers) from the list of Documents Incorporated by Reference (DIBR) and amend Section 670 of the regulation (Fire extinguishers).

Summary of the Proposed Amendments to Regulation. The Department of Energy (NRG) proposes to remove Bureau of Mines Instruction Guide 19, Mine Emergency Training, U.S. Department of Labor, 1972 edition (Bureau of Mines Instruction Guide 19) from the list of Documents Incorporated by Reference (DIBR) and amend Section 4060 of the regulation (Mine emergency and self-rescue training).

Summary of the Proposed Amendments to Regulation. The Department of Energy (NRG) proposes to remove The American National Standard for Wire Rope for Miners, M11.11980, published by the American National Standards Institute (American National Standard for Wire Rope for Miners) from the list of Documents Incorporated by Reference (DIBR) and amend Section 4230 of the regulation (Standards for wire ropes).

Summary of the Proposed Amendments to Regulation. The Department of Energy (NRG) proposes to remove Blasting Guidance Manual, U.S. Department of Interior, Office of Surface Mining Reclamation and Enforcement, 1987 edition (Blasting Guidance Manual) from the list of Documents Incorporated by Reference (DIBR).

Background. This regulation sets out requirements for general safety at surface and underground mineral mines. In addition to the main regulatory text, the regulation includes several DIBRs, including the Standard for Portable Fire Extinguishers. Per the regulations of the Virginia Code Commission, the material in a DIBR becomes the text of the regulation and an enforceable part of the regulation (1VAC7-10-140). 4VAC25-40-670 C currently states that All fire extinguishers required by this chapter shall meet the current standards established by the National Fire Prevention Association. In addition to removing the Standard for Portable Fire Extinguishers from the list of DIBR, NRG proposes to eliminate 4VAC25-40-670 C. NRG states that 4VAC25-40-610 (Fire equipment) adequately addresses fire extinguishers. 4VAC25-40-610 in its entirety is as follows: Equipment and devices used for detection, warning, and extinguishing of fires shall be: 1. Suitable for the type of fire hazard that may be encountered; 2. Maintained in fire-ready condition as specified by manufacturer; 3. Strategically located, readily accessible, and plainly identified; 4. Of the type, size, and quantity that can extinguish fires of any class that may occur at the mine; and 5. Inspected at least monthly to ensure fire-ready condition.

Background. This regulation sets out requirements for general safety at surface and underground mineral mines. In addition to the main regulatory text, the regulation includes several DIBRs, including the Bureau of Mines Instruction Guide 19. Per the regulations of the Virginia Code Commission, the material in a DIBR becomes the text of the regulation and an enforceable part of the regulation (1VAC7-10-140). 4VAC25-40-4060 A currently states that On an annual basis all persons who are required to go underground shall be instructed in applicable sections of the Bureau of Mines Instruction Guide 19, Mine Emergency Training. In addition to removing Bureau of Mines Instruction Guide 19 from the list of DIBR, NRG proposes to amend 4VAC25-40-4060 A to On an annual basis all persons who are required to go underground shall receive applicable mine emergency training. Training shall include instruction on emergency procedures at the mine and mine emergency recognition.

Background. This regulation sets out requirements for general safety at surface and underground mineral mines. In addition to the main regulatory text, the regulation includes several DIBRs, including the American National Standard for Wire Rope for Miners. Per the regulations of the Virginia Code Commission, the material in a DIBR becomes the text of the regulation and an enforceable part of the regulation (1VAC7-10-140). 4VAC25-40-4230 currently states that The American National Standard for Wire Rope for Miners shall be used as a guide in the selection, installation, and maintenance of wire ropes used for hoisting, except in those instances where the recommendations cited herein are more stringent. In addition to removing the American National Standard for Wire Rope for Miners from the list of DIBR, NRG proposes to amend 4VAC25-40-4230 to say, Nationally recognized standards shall be used as a guide in the selection, installation, and maintenance of wire ropes used for hoisting, except in those instances where the recommendations cited herein are more stringent.

Background. This regulation sets out requirements for general safety at surface and underground mineral mines. In addition to the main regulatory text, the regulation includes several DIBRs, including the Blasting Guidance Manual. Per the regulations of the Virginia Code Commission, the material in a DIBR becomes the text of the regulation and an enforceable part of the regulation (1VAC7-10-140). Prior to 2018, the text of the regulation contained a requirement that ground vibration levels and airblast levels were to be taken from the Blasting Guidance Manual. This textual requirement was removed in 2018, but the Blasting Guidance Manual was not removed from the DIBR list. The department now proposes to remove the Blasting Guidance Manual from the list.

Estimated Benefits and Costs. NRG does not believe that the amendments would affect requirements in practice. Thus, there would be no substantive impact.

Estimated Benefits and Costs. The American National Standard for Wire Rope for Miners are American National Standard Institute (ANSI) standards. According to NRG, the proposed text would require compliance with a choice of different national recognized standards, which includes ANSI, Mine Safety and Health Administration standards, Occupational Safety and Health Administration standards, and manufacturers specifications. The agency believes following any of the national recognized standards would ensure safety. NRG does not believe that the increased choice of standards to follow would result in substantive cost savings for mineral mining operators.

Estimated Benefits and Costs. Removing the Blasting Guidance Manual from the DIBR list would have no impact beyond reducing the likelihood that readers of the regulation would be misled into believing the document was relevant for requirements.

Businesses and Other Entities Affected. The regulation pertains to the 432 mineral mining operations across the Commonwealth. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² 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.³ As the proposed amendments neither increase net costs nor reduce net benefits, no adverse impact is indicated.

Businesses and Other Entities Affected. The proposed amendment could affect readers of the regulation. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² 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.³ As the proposed amendment neither increases net costs nor reduces net benefits, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposed amendments do not adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed amendments neither disproportionately affect particular localities nor introduce costs for local governments. However, the proposed amendments of 4VAC25-404230 particularly affect localities with a greater amount of mineral mining. According to NRG, 91% of Virginia's counties have mineral mines. Costs for local governments are not affected.

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

Effects on the Use and Value of Private Property. The proposed amendments neither affect the use and value of private property nor real estate development costs.

Effects on the Use and Value of Private Property. The proposed amendments (in 8505) would not substantively affect the value of private property. The proposed amendments do not substantively affect real estate development costs.

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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 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.

³ 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.

⁴ 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."

⁵ 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.

⁶ "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.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to the Economic Impact Analysis: The Virginia Department of Energy concurs with the economic impact analysis conducted by the Department of Planning and Budget.

Summary:

The action removes (i) an outdated document incorporated by reference (DIBR), National Fire Protection Association 10: Standard for Portable Fire Extinguishers, which is covered by Fire equipment (4VAC25-40-610), in order to remove redundancy while ensuring continued safety compliance and clear regulations regarding fire equipment; (ii) Bureau of Mines Instruction Guide 19 and replaces a reference to the document with a provision that training for those required to go underground must provide instruction on emergency procedures at the mine and mine emergency recognition; (iii) The American National Standard for Wire Rope for Miners and replaces a reference to the document with a requirement that nationally recognized standards be used in the selection, installation, and maintenance of wire ropes used for hoisting; and (iv) Blasting Guidance Manual, which is no longer referenced in the regulation.

4VAC25-40-670. Fire extinguishers.

A. Whenever a fire or its effects could impede escape from self-propelled equipment, a fire extinguisher shall be on the equipment.

B. Whenever a fire or its effects would not impede escape from the equipment but could affect the escape of other persons in the area, a fire extinguisher shall be on the equipment or within 100 feet of the equipment.

C. All fire extinguishers required by this chapter shall meet the current standards established by the National Fire Prevention Association.

4VAC25-40-4060. Mine emergency and self-rescue training.

A. On an annual basis, all persons who are required to go underground shall be instructed in applicable sections of the Bureau of Mines Instruction Guide 19, Mine Emergency Training receive applicable mine emergency training. Training shall include instruction on emergency procedures at the mine and mine emergency recognition.

B. On an annual basis, all persons who are required to go underground shall be instructed in the use of the individual self-rescue device provided to them. The instruction shall be given by a competent person using a training model of the same type as the self-rescue device provided to the employee.

4VAC25-40-4230. Standards for wire ropes.

The American National Standard for Wire Rope for Miners Nationally recognized standards shall be used as a guide in the selection, installation, and maintenance of wire ropes used for hoisting, except in those instances where the recommendations cited herein of this chapter are more stringent.

DOCUMENTS INCORPORATED BY REFERENCE (4VAC25-40)

1996 Threshold Limit Values and Biological Exposure Indices published by the American Conference of Governmental Industrial Hygienists

American Table of Distances, 1991 edition, published by the Institute of Makers of Explosives

National Fire Protection Association 10: Standard for Portable Fire Extinguishers, 2013 edition

Bureau of Mines Instruction Guide 19, Mine Emergency Training, U.S. Department of Labor, 1972 edition

Blasting Guidance Manual, U.S. Department of Interior, Office of Surface Mining Reclamation and Enforcement, 1987 edition

The American National Standard for Wire Rope for Miners, M11.11980, published by the American National Standards Institute

TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD ON CONSERVATION AND DEVELOPMENT OF PUBLIC BEACHES

Fast-Track Regulation

Title of Regulation: 4VAC45-10. Regulations Governing Application for and Use of Grant Funds to Localities (repealing 4VAC45-10-10 through 4VAC45-10-170).

Statutory Authority: § 10.1-107 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 31, 2025.

Effective Date: January 15, 2026.

Agency Contact: Lisa McGee, Policy and Planning Director, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone (804) 786-4378, fax (804) 786-6141, or email lisa.mcgee@dcr.virginia.gov.

Basis: Section 10.1-107 of the Code of Virginia authorizes the Board of Conservation and Recreation to promulgate regulations necessary for the execution of the Public Beach Conservation and Development Act (Article 2 (§ 10.1-705 et seq.) of Chapter 7 of Title 10.1 of the Code of Virginia). The third enactment of Chapter 89 of the 2003 Acts of Assembly provides that all rules and regulations adopted by the Board on Conservation and Development of Public Beaches shall remain in full force and effect until amended or rescinded by the Board of Conservation and Recreation and that the Board of Conservation and Recreation shall promulgate, as soon as practicable, any necessary changes to the regulations to complete the consolidation of the boards.

Purpose: This action will eliminate outdated and unnecessary regulatory provisions that no longer serve a purpose. The regulation governs the application for and use of grant funds to localities for public beach preservation, but the associated fund has not been replenished or used since before 2003. The repeal supports the public's health, safety, and welfare by promoting a clearer and more accurate regulatory framework, reducing confusion, and ensuring that the regulatory catalog reflects current governance structures and funding realities.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and is appropriate for the fast-track rulemaking process because it will promote transparency by providing a clearer regulatory environment for the public and localities by eliminating outdated provisions. In addition, this action will improve clarity by ensuring current regulations accurately reflect the existing governance structure.

Substance: The action repeals Regulations Governing Application for and Use of Grant Funds to Localities (4VAC45-10). The regulation outlines procedures and requirements for localities to apply for and use state grant funds for public beach preservation. However, the program has been inactive for over two decades, and the Board on Conservation and Development of Public Beaches, which originally promulgated the regulation, was dissolved in 2003.

Issues: Advantages to the public include improved transparency and clarity in the regulatory framework by removing outdated and unused provisions, which will ensure that citizens and localities are not misled by obsolete regulations. Advantages to the agency and the Commonwealth include reduced administrative burden and a more streamlined administrative code that accurately reflects current statutory authority and agency responsibilities. There are no known disadvantages to the public, the agency, or the Commonwealth.

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 Conservation and Recreation proposes to repeal the Regulations Governing Application for and Use of Grant Funds to Localities (4VAC45-10).

Background. The Regulations Governing Application for and Use of Grant Funds to Localities (4VAC45-10) outline criteria for implementing a public beach grant program. However, funding for this program has not been available since prior to 2003, when the Board on Conservation and Development of Public Beaches was abolished. The Department of Conservation and Recreation believes it is highly unlikely that it would be funded in the future.

Estimated Benefits and Costs. The proposed repeal of 4VAC45-10 would have no impact beyond reducing the likelihood that some readers of regulations would be misled into believing that an extinct program still was active.

Businesses and Other Entities Affected. The regulation and program prior to 2003 affected localities that had beaches, but no entity (other than perhaps some readers of regulations) would be affected by repealing the regulation now. The Code requires DPB to assess whether an adverse impact may result from the proposed regulation.² 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.³ Since the proposal neither increases costs nor reduces benefits, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposal would not adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed repeal of the regulation neither disproportionally affects particular localities nor affects costs for local governments.

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

Effects on the Use and Value of Private Property. The proposed repeal of the regulation does not affect the use and value of private property or real estate development costs.

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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 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.

³ 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.

⁴ 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."

⁵ 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.

⁶ "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.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to the Economic Impact Analysis: The Board for Conservation and Recreation concurs with the economic impact analysis performed by the Department of Planning and Budget.

Summary:

The action repeals Regulations Governing Application for and Use of Grant Funds to Localities (4VAC45-10), which is obsolete.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Title of Regulation: 8VAC20-340. Regulations Governing Driver Education (amending 8VAC20-340-40).

Statutory Authority: §§ 22.1-16 and 22.1-205 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 31, 2025.

Effective Date: January 15, 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 promulgate regulations necessary to carry out its powers and duties and the provisions of Title 22.1 of the Code of Virginia. Section 22.1-205 of the Code of the Virginia requires the board to approve correspondence courses for the classroom training component of driver education.

Purpose: This action is essential to the public health, safety, and welfare because it ensures that the public is referencing the most up-to-date information available.

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 does not change underlying board policy, but instead refers back to underlying statute.

Substance: The action removes a Document Incorporated by Reference, Curriculum and Administrative Guide for Driver Education in Virginia, and replaces a reference to the guide with a reference to statutory requirements.

Issues: The primary advantage to the public is clarity regarding the most up-to-date material relevant to instructional programs for driver education provided by the Department of Education. The primary advantage to the agency is that users will be aware that they should refer to the most up-to-date material available. There are no disadvantages to the public or Commonwealth from the proposed regulatory change.

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) proposes to repeal obsolete documents incorporated by reference (DIBRs) pertaining to driver education correspondence courses that address program administration, classroom modules, and a resource list.

Background. This regulation sets out rules for approval of correspondence courses for driver education. In addition to the main regulatory text, the regulation includes several DIBRs: one DIBR addressing program administration, eleven DIBRs for classroom modules, and one for a resource list. Per the regulations of the Virginia Code Commission, the material in a DIBR becomes the text of the regulation and an enforceable part of the regulation (1VAC7-10-140). However, according to the Department of Education (DOE), the use of DIBRs is more prescriptive than the Code requires. Specifically, § 22.1-205 F of the Code of Virginia states that the "correspondence courses shall be consistent in quality with instructional programs developed by the Board for classroom training in the public schools." According to the agency, this mandate is currently met by the 2022 version of the Driver Education Standards of Learning (SOL) for Virginia Public Schools² which the agency has been enforcing in practice in lieu of using the DIBRs in this regulation. (The agency adds that the Driver Education SOL may be supplemented by other documents that update the SOL or add content, as may be required by federal or state statute from time to time. This is a regular practice because the SOL are on a seven-year review cycle.) Accordingly, the Driver Education SOL may not, on its own, constitute the instructional programs developed by the board. In addition, DOE states that repealing the DIBRs will remove a restriction, noting that the time requirement of § 22.1-205 F allows correspondence courses to be innovative, and that correspondence courses are allowed to surpass the quality of the instructional programs developed by the board. The repeal will therefore allow innovation to occur, consistent with statute, that cannot occur if the DIBRs are in effect. Thus, in this action the board proposes to repeal the DIBRs that are not enforced in practice and are more restrictive than the statutory directive.

Estimated Benefits and Costs. The proposal to repeal DIBRs should not create any significant economic impact other than avoiding potential confusion for the readers of the regulation since they have not been enforced in practice.

Businesses and Other Entities Affected. According to DOE, there are eight approved correspondence courses, with one application currently under review. No correspondence course appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.³ 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.⁴ The proposal would not increase costs or reduce revenues of regulated entities. Thus, no adverse impact is indicated.

Small Businesses⁵ Affected.⁶ The proposed repeal of DIBRs does not adversely affect small businesses.

Localities⁷ Affected.⁸ The proposal does not introduce costs for localities, nor does it disproportionately affect any locality.

Projected Impact on Employment. No impact on employment is expected.

Effects on the Use and Value of Private Property. No impact on the use and value of private property nor on real estate development costs is expected.

_____________________________

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 https://www.doe.virginia.gov/teaching-learning-assessment/instruction/driver-education.

³ 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.

⁴ 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.

⁵ 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."

⁶ 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.

⁷ "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.

⁸ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

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

Summary:

The amendments (i) remove Curriculum and Administrative Guide for Driver Education in Virginia, a document incorporated by reference into the regulation and (ii) replace a reference to the guide with a reference to statutory requirements.

8VAC20-340-40. Approval of correspondence courses for driver education.

A. Required submissions. Schools seeking approval to offer the classroom portion of a driver education program to school-age children through a correspondence program or course in Virginia shall submit the following:

1. A signed and completed copy of the department's affidavit form.

2. A catalog or other documents containing the following information:

a. A statement of ownership or control of the institution;

b. Descriptions of the driver education courses offered by the institution;

c. A description of the method used to evaluate the students' student work;

d. A schedule of tuition and fees, including the school's refund policies; and

e. Copies of all application forms and enrollment agreements used by the school.

3. Verification of approval or exemption from regular oversight from the appropriate state or local government agency in the school's state of domicile.

4. Information regarding the school's accreditation status.

5. The name and publisher of the textbook required.

6. An estimate of the minimum amount of time (in hours) required to complete the course.

7. Such additional information as the board or department may deem necessary.

B. All schools must evaluate the students' student work at regular intervals specified by the department and maintain a permanent record of the work.

C. Each school meeting the criteria listed in this section is required to submit the required materials for review every year concurrent with the renewal affidavit.

D. Approval criteria. Driver education courses offered by schools submitting the materials required by this section shall be approved when the following criteria have been met:

1. The school is, in fact, a correspondence school as defined in 8VAC20-340-5;

2. The courses offered are consistent with state or federal laws or regulations, including § 22.1-205 F of the Code of Virginia; and

3. The school evaluates the students' student progress at regular intervals specified by the department and maintains a permanent record of that work; and

4. The content of each course is accurate and rigorous and meets the requirements of the Curriculum and Administrative Guide for Driver Education in Virginia, 2010 edition, which includes the Driver Education Standards of Learning.

The school must provide evidence that at least two subject matter experts have reviewed and validated the accuracy of online content and textbook materials.

E. An application shall be complete when all required information has been submitted in the form required by the department. If the department, on behalf of the board, determines the application to be incomplete, the department shall notify the applicant of the insufficiencies in writing within 45 days of receipt of the incomplete application. The applicant must submit the required items to complete the application, to be received by the department within 45 days from the notification. If the application is not completed within the 45-day period, the case file for the request for approval as a provider will be closed. At any time prior to closure, the applicant may withdraw the request for approval. The applicant may submit a new application at any time.

F. Approval, denial, and revocation.

1. The department, on behalf of the board, shall notify applicants in writing when an application is approved.

2. Applications that do not meet the criteria required by subsections A, B, and D of this section shall be denied. The department shall notify applicants in writing of the denial, stating the reasons the application was denied and including the applicant's right to request the board to reconsider the application, pursuant to subsection G of this section.

3. An approved application may be revoked for good cause, which includes, but is not limited to, the conviction of the applicant, or any employee thereof, of (i) any felony or (ii) any offense involving the sexual molestation, physical or sexual abuse, or rape of a child.

G. Reconsideration by the Board of Education when an application is denied or when approval is revoked. A school whose application has been denied or whose approval has been revoked for good cause may request reconsideration by letter to the board. The letter of request shall include the reasons that the school believes the denial or revocation was inappropriate and shall document how it the school has corrected any insufficiency identified in the letter of denial or revocation. The board's decision on reconsideration shall be final on that application; however, a denial of reconsideration shall not prevent the school from submitting a new application at a later time.

H. Determination of continued compliance. Approval of the academic courses shall be renewed annually on or before August 1, provided that the school verifies that it continues to meet the requirements of this section. Forms for this purpose shall be provided by the department.

I. Disclaimer. The Board of Education's approval of a correspondence course is not an endorsement of the program as a substitute for public school programs nor is it an endorsement of the educational or operational philosophy of the school. Additionally, the approval of courses is not intended as an endorsement of the quality of the courses nor is it a conclusion that these courses meet the educational needs of the student or the assessment required by § 22.1-254.1 of the Code of Virginia.

Parents who choose to educate their children at home through a driver education correspondence course are directly responsible for the educational progress of their those children and the adequacy of instruction. The board assumes no liability for damages or financial loss to parents using any of the approved driver education correspondence courses.

J. Restrictions. No school whose courses are approved as a driver education program shall advertise in any way that the courses have the endorsement, recommendation, accreditation, or recognition, or any other similar term, of the board, the department, or the Commonwealth of Virginia.

K. Transmitting the affidavit, documents, and other materials. The affidavit, related letters, forms, and other required application materials must be submitted to the Division of Instruction at the Virginia Department of Education by email to the Driver Education Specialist, whose contact information may be found at http://www.doe.virginia.gov/directories/index.shtml#vdoe.

DOCUMENTS INCORPORATED BY REFERENCE (8VAC20-340)

Curriculum and Administrative Guide for Driver Education in Virginia, 2010 Edition (includes Driver Education Standards of Learning, revised January 2008), Virginia Department of Education

Program Administration

Module One – Virginia Driver Responsibilities: Licensing Responsibilities

Module Two – Virginia Driver Responsibilities: Preparing to Operate a Vehicle

Module Three – Basic Maneuvering Tasks: Low Risk Environment

Module Four – Basic Maneuvering Tasks: Moderate Risk Driving Environment

Module Five – Information Processing: Moderate Risk Driving Environment

Module Six – Information Processing: Complex Risk Environments

Module Seven – Driver Performance: Personal Factors

Module Eight – Driver Responsibilities: Adverse Conditions

Module Nine – Driver Responsibilities: Vehicle Functions

Module Ten – Driver Responsibilities: Making Informed Choices

Module Eleven – Laboratory Instruction – Behind-the-Wheel and In-Car Observation

Resource List

No document is currently incorporated by reference into this regulation.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Title of Regulation: 8VAC20-450. Regulations Governing Professional Development (repealing 8VAC20-450-10 through 8VAC20-450-50).

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

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 31, 2025.

Effective Date: January 15, 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 promulgate regulations necessary to carry out its powers and duties and the provisions of Title 22.1 of the Code of Virginia.

Purpose: This action is essential to protect the health, safety, and welfare of citizens because it removes outdated language that conflicts with other regulations.

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 removes language that is no longer in use.

Substance: The action repeals Regulations Governing Professional Development (8VAC20-450), which is obsolete.

Issues: The primary advantage to the public and the Commonwealth is that outdated, conflicting information will be removed from the board's regulatory catalog. There are no disadvantages to the public or Commonwealth.

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) proposes to repeal 8VAC20-450, Regulations Governing Professional Development.

Background. According to the Department of Education (DOE), the statutory authority for this regulation was derived from Chapter 13.1 of The Standards of Quality, which was repealed by Chapters 645 and 682 of the 1988 Acts of the Assembly. The agency states that the regulation is no longer current and conflicts with other regulatory chapters concerning professional development.

Estimated Benefits and Costs. Since the regulation is no longer current and conflicts with other regulatory chapters concerning professional development, its repeal would have no impact beyond reducing the likelihood that readers of regulations would be misled concerning the current professional development requirements.

Businesses and Other Entities Affected. The repeal of the regulation could affect readers of DOE regulations. The Code requires DPB to assess whether an adverse impact may result from the proposed regulation.² 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.³ As the repeal of the regulation would neither increase costs nor reduce benefits for any entity, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposed repeal does not adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed repeal neither disproportionately affects particular localities nor introduces costs for local governments.

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

Effects on the Use and Value of Private Property. The proposed repeal does not affect either the use and value of private property or real estate development costs.

_____________________________

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 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.

³ 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.

⁴ 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."

⁵ 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.

⁶ "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.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

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

Summary:

The action repeals Regulations Governing Professional Development (8VAC20-450), which is obsolete.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Titles of Regulations: 8VAC20-620. Regulations Regarding School Guidance and Counseling Programs in the Public Schools of Virginia (repealing 8VAC20-620-10).

8VAC20-720. Regulations Governing Local School Boards and School Divisions (adding 8VAC20-720-50).

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

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 31, 2025.

Effective Date: January 15, 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 promulgate regulations necessary to carry out its powers and duties and the provisions of Title 22.1 of the Code of Virginia.

Purpose: This action is essential to protect the health, safety, or welfare of citizens because it (i) amends the language to match language used in statute, which better reflects the role and scope of responsibilities of school counselors, and (ii) streamlines the board's regulatory catalog.

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 aligns terminology with statute.

Substance: The amendments (i) repeal Regulations Regarding School Guidance and Counseling Programs in the Public Schools of Virginia (8VAC20-620); (ii) move the provisions of 8VAC20-620 to a new section in Regulations Governing Local School Boards and School Divisions (8VAC20-720), 8VAC20-720-50; and (iii) replace references to "guidance" with references to "counseling" pursuant to Chapter 139 of the 2019 Acts of Assembly.

Issues: The primary advantage to the public and the Commonwealth is that the regulation will use language consistent with statute and accurately reflect the role of a school counselor. There are no disadvantages to the Commonwealth or public.

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. Following a 2025 periodic review,² the State Board of Education (board) proposes to move the underlying requirements in 8VAC20-620 to 8VAC20-720. Additionally, the board proposes to update terminology as a result of Chapter 139 of the 2019 Acts of Assembly.³

Background. According to the Department of Education (DOE), there is no reason for 8VAC20-620 (which consists of a single section) to be a standalone regulation. In addition, DOE states that Chapter 139 changed the terminology used from guidance counselor to school counselor. In this action, the Board proposes to move the regulatory requirements from 8VAC20-620 to 8VAC20-720 and simultaneously update the language to reflect the terminology change from guidance counselor to school counselor.

Estimated Benefits and Costs. According to DOE, the proposed changes would mainly relocate requirements from one chapter to another; align the regulatory language with Chapter 139; and would not introduce any new requirements. Consequently, no significant economic impact is expected other than clarifying the regulatory text for the readers of the regulation.

Businesses and Other Entities Affected. Although the proposed changes would not directly affect any entity, according to DOE, the regulation applies to 132 school divisions in the Commonwealth with a total enrollment of approximately 1.3 million as of the 2024-2025 school year. 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 noted above, the proposal would mainly clarify regulatory language and therefore is not expected to adversely affect any entity.

Small Businesses⁶ Affected.⁷ The proposed amendments do not adversely affect small businesses.

Localities⁸ Affected.⁹ The proposed regulatory amendments do not introduce costs for localities, nor do they affect any locality more than others.

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

Effects on the Use and Value of Private Property. No effects on the use and value of private property nor on real estate development costs are expected.

_____________________________

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 https://townhall.virginia.gov/L/ViewPReview.cfm?PRid=2574.

³ https://legacylis.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0139.

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 the Economic Impact Analysis: The State Board of Education thanks the Department of Planning and Budget for its thorough economic impact analysis concerning this action.

Summary:

The amendments (i) repeal Regulations Regarding School Guidance and Counseling Programs in the Public Schools of Virginia (8VAC20-620); (ii) move the provisions of 8VAC20-620 to a new section in Regulations Governing Local School Boards and School Divisions (8VAC20-720), 8VAC20-720-50; and (iii) replace references to "guidance" with references to "counseling" pursuant to Chapter 139 of the 2019 Acts of Assembly.

8VAC20-720-50. School counseling services.

A. Pursuant to the Standards of Quality, each school shall make the following guidance and counseling services reasonably available, with all available resources, to all students:

1. Academic counseling that assists students and parents in acquiring knowledge of the curricula choices available to students, planning a program of studies, arranging and interpreting academic testing, and seeking postsecondary academic opportunities;

2. Career counseling that helps students acquire information and plan action about work, jobs, apprenticeships, and postsecondary educational and career opportunities;

3. Personal or social counseling that assists a student to develop self-understanding, the rights and needs of others, how to resolve conflict, and how to define individual goals that reflect the student's interests, abilities, and aptitudes. This counseling may be provided either (i) in groups (e.g., all fifth graders) in which generic issues of social development are addressed or (ii) through structured individual or small group multi-session counseling that focuses on the specific concerns of the participant (e.g., divorce, abuse, or aggressive behavior).

B. No student shall be required to participate in any counseling program to which the student's parent objects.

C. On or before July 1, 1996, each local school board in Virginia shall adopt a policy, consistent with subdivisions A and B of this section, concerning school guidance and counseling programs in the schools under the local school board's jurisdiction. At a minimum, each local school board policy shall contain the following:

1. A provision for written notification, at least annually, to parents about the academic and career guidance and personal or social counseling programs available to the child. The notification shall include the purpose and general description of the programs, information regarding ways the parent may review materials to be used in guidance and counseling programs at the child's school, and information about the procedures by which the parent may limit the child's participation in such programs.

2. A provision prohibiting the use of counseling techniques that are beyond the scope of the professional certification or training of counselors, including hypnosis or other psychotherapeutic techniques that are normally employed in medical or clinical settings and focus on mental illness or psychopathology.

3. A provision requiring that information and records of personal or social counseling be kept confidential and separate from a student's educational records and not disclosed to third parties without prior parental consent or as otherwise provided by law.

4. A provision with respect to personal or social counseling setting forth either (i) the procedures by which a parent can elect in writing to have the child not participate ("opt-out") or (ii) at the option of the local school board, if the local school board determines that affirmative parental consent is required to participate in such counseling ("opt-in"), the procedures by which such affirmative consent may be given and withdrawn. In issuing this policy, the local school board may distinguish between group and individual or small group counseling as defined in subdivision A 3 of this section. In no event shall a local board require affirmative parental consent for short duration personal or social counseling that is needed to maintain order, discipline, or a productive learning environment.

5. In the event that the local school board elects to require affirmative parental consent under subdivision 4 of this subsection, a provision setting forth the procedures, if any, under which school officials may permit personal or social counseling for children whom the officials believe would benefit from such counseling, but whose parents fail to respond either affirmatively or negatively to reasonable requests for consent.

6. Such other provisions as the local school board may deem appropriate.

D. Before adopting the policy described in subsection C of this section or any amendment to this policy, each local school board shall provide for public participation and comment.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Titles of Regulations: 8VAC20-620. Regulations Regarding School Guidance and Counseling Programs in the Public Schools of Virginia (repealing 8VAC20-620-10).

8VAC20-720. Regulations Governing Local School Boards and School Divisions (adding 8VAC20-720-50).

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

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 31, 2025.

Effective Date: January 15, 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 promulgate regulations necessary to carry out its powers and duties and the provisions of Title 22.1 of the Code of Virginia.

Purpose: This action is essential to protect the health, safety, or welfare of citizens because it (i) amends the language to match language used in statute, which better reflects the role and scope of responsibilities of school counselors, and (ii) streamlines the board's regulatory catalog.

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 aligns terminology with statute.

Substance: The amendments (i) repeal Regulations Regarding School Guidance and Counseling Programs in the Public Schools of Virginia (8VAC20-620); (ii) move the provisions of 8VAC20-620 to a new section in Regulations Governing Local School Boards and School Divisions (8VAC20-720), 8VAC20-720-50; and (iii) replace references to "guidance" with references to "counseling" pursuant to Chapter 139 of the 2019 Acts of Assembly.

Issues: The primary advantage to the public and the Commonwealth is that the regulation will use language consistent with statute and accurately reflect the role of a school counselor. There are no disadvantages to the Commonwealth or public.

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. Following a 2025 periodic review,² the State Board of Education (board) proposes to move the underlying requirements in 8VAC20-620 to 8VAC20-720. Additionally, the board proposes to update terminology as a result of Chapter 139 of the 2019 Acts of Assembly.³

Background. According to the Department of Education (DOE), there is no reason for 8VAC20-620 (which consists of a single section) to be a standalone regulation. In addition, DOE states that Chapter 139 changed the terminology used from guidance counselor to school counselor. In this action, the Board proposes to move the regulatory requirements from 8VAC20-620 to 8VAC20-720 and simultaneously update the language to reflect the terminology change from guidance counselor to school counselor.

Estimated Benefits and Costs. According to DOE, the proposed changes would mainly relocate requirements from one chapter to another; align the regulatory language with Chapter 139; and would not introduce any new requirements. Consequently, no significant economic impact is expected other than clarifying the regulatory text for the readers of the regulation.

Businesses and Other Entities Affected. Although the proposed changes would not directly affect any entity, according to DOE, the regulation applies to 132 school divisions in the Commonwealth with a total enrollment of approximately 1.3 million as of the 2024-2025 school year. 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 noted above, the proposal would mainly clarify regulatory language and therefore is not expected to adversely affect any entity.

Small Businesses⁶ Affected.⁷ The proposed amendments do not adversely affect small businesses.

Localities⁸ Affected.⁹ The proposed regulatory amendments do not introduce costs for localities, nor do they affect any locality more than others.

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

Effects on the Use and Value of Private Property. No effects on the use and value of private property nor on real estate development costs are expected.

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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 https://townhall.virginia.gov/L/ViewPReview.cfm?PRid=2574.

³ https://legacylis.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0139.

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 the Economic Impact Analysis: The State Board of Education thanks the Department of Planning and Budget for its thorough economic impact analysis concerning this action.

Summary:

The amendments (i) repeal Regulations Regarding School Guidance and Counseling Programs in the Public Schools of Virginia (8VAC20-620); (ii) move the provisions of 8VAC20-620 to a new section in Regulations Governing Local School Boards and School Divisions (8VAC20-720), 8VAC20-720-50; and (iii) replace references to "guidance" with references to "counseling" pursuant to Chapter 139 of the 2019 Acts of Assembly.

8VAC20-720-50. School counseling services.

A. Pursuant to the Standards of Quality, each school shall make the following guidance and counseling services reasonably available, with all available resources, to all students:

1. Academic counseling that assists students and parents in acquiring knowledge of the curricula choices available to students, planning a program of studies, arranging and interpreting academic testing, and seeking postsecondary academic opportunities;

2. Career counseling that helps students acquire information and plan action about work, jobs, apprenticeships, and postsecondary educational and career opportunities;

3. Personal or social counseling that assists a student to develop self-understanding, the rights and needs of others, how to resolve conflict, and how to define individual goals that reflect the student's interests, abilities, and aptitudes. This counseling may be provided either (i) in groups (e.g., all fifth graders) in which generic issues of social development are addressed or (ii) through structured individual or small group multi-session counseling that focuses on the specific concerns of the participant (e.g., divorce, abuse, or aggressive behavior).

B. No student shall be required to participate in any counseling program to which the student's parent objects.

C. On or before July 1, 1996, each local school board in Virginia shall adopt a policy, consistent with subdivisions A and B of this section, concerning school guidance and counseling programs in the schools under the local school board's jurisdiction. At a minimum, each local school board policy shall contain the following:

1. A provision for written notification, at least annually, to parents about the academic and career guidance and personal or social counseling programs available to the child. The notification shall include the purpose and general description of the programs, information regarding ways the parent may review materials to be used in guidance and counseling programs at the child's school, and information about the procedures by which the parent may limit the child's participation in such programs.

2. A provision prohibiting the use of counseling techniques that are beyond the scope of the professional certification or training of counselors, including hypnosis or other psychotherapeutic techniques that are normally employed in medical or clinical settings and focus on mental illness or psychopathology.

3. A provision requiring that information and records of personal or social counseling be kept confidential and separate from a student's educational records and not disclosed to third parties without prior parental consent or as otherwise provided by law.

4. A provision with respect to personal or social counseling setting forth either (i) the procedures by which a parent can elect in writing to have the child not participate ("opt-out") or (ii) at the option of the local school board, if the local school board determines that affirmative parental consent is required to participate in such counseling ("opt-in"), the procedures by which such affirmative consent may be given and withdrawn. In issuing this policy, the local school board may distinguish between group and individual or small group counseling as defined in subdivision A 3 of this section. In no event shall a local board require affirmative parental consent for short duration personal or social counseling that is needed to maintain order, discipline, or a productive learning environment.

5. In the event that the local school board elects to require affirmative parental consent under subdivision 4 of this subsection, a provision setting forth the procedures, if any, under which school officials may permit personal or social counseling for children whom the officials believe would benefit from such counseling, but whose parents fail to respond either affirmatively or negatively to reasonable requests for consent.

6. Such other provisions as the local school board may deem appropriate.

D. Before adopting the policy described in subsection C of this section or any amendment to this policy, each local school board shall provide for public participation and comment.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Proposed Regulation

Titles of Regulations: 8VAC20-780. Standards for Licensed Child Day Centers (repealing 8VAC20-780-10 through 8VAC20-780-610).

8VAC20-781. Standards for Licensed Child Day Centers (adding 8VAC20-781-10 through 8VAC20-781-750).

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: January 16, 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 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 the Code of Virginia, which shall be designed to ensure that such activities, services, and facilities are conducive to the welfare of the children under the control of such persons or agencies.

Purpose: This action is essential to enhancing the health, safety, and welfare of children in care. The purpose of the adoption of a new regulation is to (i) streamline regulatory requirements; (ii) improve understanding and interpretation leading to enhanced compliance and enforcement by adjusted structure, format, and simplified language; and (iii) incorporate updates to address ever-changing national health and safety guidelines and practices. In addition, it is the goal of the agency to ensure that parents have sufficient information to make informed decisions about placing children in licensed child day centers while ensuring the safety of children receiving care in licensed child day centers. Repeal of the existing regulation and adoption of a new regulation was determined by the agency to be the most efficient and effective way to make the necessary changes to achieve clarity, consistency, and to protect children.

Substance: The proposed action repeals Standards for Licensed Child Day Centers (8VAC20-780) and replaces it with a new chapter, also called Standards for Licensed Child Day Centers (8VAC20-781). Changes in the proposed new chapter include (i) restructuring and reformatting of content by subject matter; (ii) clarifying terms and requirements; (iii) removing duplicative requirements; (iv) condensing sections to incorporate more clear and concise language; (v) aligning the regulation with national health and safety standards; (vi) incorporating requirements based on consultation with and recommendations provided by state partners and agencies; (vii) addressing current and relevant child care challenges by increasing options for program director and lead teacher qualifications; (viii) clarifying and streamlining staff training requirements; (ix) aligning requirements and incorporating technical amendments to ensure consistency with the Code of Virginia; and (x) updating requirements to address ever-changing national health and safety guidelines and practices.

Specifically, the proposed amendments to the standards include (i) enhancing requirements around choking, handwashing, safe sleep practice, swim safety, and outdoor play areas; (ii) adding lead assessments in buildings built before 1978; (iii) enhancing training requirements by requiring all staff to receive training on emergency preparedness and response and child abuse and neglect, adding driver training requirements, and adding to orientation requirements for directors; (iv) enhancing orientation for staff on policies for (a) food service, safety, and storage; (b) inclusion of children with special needs; (c) stock epinephrine; (d) behavior guidance; and (e) emergency preparedness and response during a pandemic; (v) adding requirements for playground safety to include equipment and resilient surfacing; (vi) adding specific requirements to prohibit infants from sleeping in car seats or play equipment, restrictive clothing, and adaptive equipment without a signed statement from a physician, which aligns with updated American Academy of Pediatrics (AAP) sleep guidelines; (vii) adding requirements to address children with special needs and to ensure that children with special needs receive care and activity opportunities appropriate to needs; (viii) adding requirements to strengthen parent involvement and require communication and notification regarding emergencies, behavior concerns, daily care of children, and transportation; (ix) enhancing safeguards for children during swimming and wading activities, including requirements for active supervision and accountability and that one lifeguard be on duty during swimming and wading activities for every 25 children; (x) enhancing requirements for safe handling of body fluids and handwashing; and (xi) adding requirements for the safe storage of medication and flexibility for self-administered medication.

The proposed action also removes requirements that are not directly specific to the safety of children and more related to business practice to provide relief of burdensome standards for child care providers and families. Specifically, the proposed amendments remove provisions relating to (i) enrollment procedures of therapeutic child day programs and special needs child day programs, (ii) physical and mental health of staff and volunteers, (iii) general qualifications, (iv) aides, and (v) independent contractors.

Issues: The primary advantage of this regulatory change to the public, the agency and Commonwealth, and licensed child day centers is that the Standards for Licensed Child Day Centers will be easier to read, better organized, clearer with respect to responsibilities, and more comprehensive in scope to ensure the health, safety, and well-being of children in care. There are no disadvantages to the public, the agency, the Commonwealth, or licensed child day centers.

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 8VAC20-780, Standards for Licensed Child Day Centers, and replace it with 8VAC20-781 using the same title. The regulation would be reorganized with the intent of making it more easily understood. Additionally, the board proposes changes that (i) establish epinephrine requirements, (ii) affect record requirements, (iii) affect the timing of health care examinations and tests, (iv) ease the qualification requirements for directors and lead teachers, (v) amend training requirements, (vi) amend requirements pertaining to sleeping, resting, and diapering, (vii) amend requirements pertaining to play areas, equipment and toys, (viii) change staffing requirements, (ix) require expanded planning for special needs children, and (x) increase safety requirements for swimming.

Background. Epinephrine: Pursuant to Chapters 695 and 696 of the 2022 Acts of Assembly, the board proposes to require that (i) child day centers possess and store weight-based dosages of undesignated or stock epinephrine in a locked or inaccessible container or area in the center; (ii) the undesignated or stock epinephrine is only administered by a nurse at the center, an employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine, or staff at the center authorized by a prescriber and trained in the administration of epinephrine, and (iii) at least one of the above individuals has the means to access the epinephrine at all times during regular facility hours. If the person administering the epinephrine is neither a nurse nor an employee of a local health department, the board proposes to require that their training be from (i) a program for this purpose developed by the Board of Nursing and taught by a registered nurse, licensed practical nurse, nurse practitioner, physician assistant, doctor of medicine or osteopathic medicine, or pharmacist, (ii) a course on this topic developed or approved by the Department of Education (DOE) in consultation with the Department of Health (VDH), or (iii) a course taught by a registered nurse, licensed practical nurse, nurse practitioner, physician assistant, doctor of medicine or osteopathic medicine, or pharmacist that includes the following: (a) recognizing signs and symptoms of anaphylaxis, (b) emergency procedures for responding to anaphylaxis, and (c) instructions and procedures for administering epinephrine. The board proposes to require that such individuals be retained in the administration of epinephrine three-year intervals.

Records: The current regulation requires the following in each child's records: A written care plan for each child with a diagnosed food allergy, to include instructions from a physician regarding the food to which the child is allergic and the steps to be taken in the event of a suspected or confirmed allergic reaction. The board proposes to also require an emergency care plan that has been developed in consultation with a physician or physician's designee for any health issues that are reasonably likely to result in a medical emergency. The current regulation requires the center to have documentation of immunizations and physical examinations for each child, unless (i) The center is located on the same premises where a child attends school; (ii) The child's record has a statement verifying the school's possession of the health record; and (iii) The school's records are accessible during the center's hours of operation. The board proposes to expand the exemption to include all children when a center assumes responsibility for the child directly from a school or transfers responsibility to the school. Additionally, the board proposes to remove the following requirements from children's records: information regarding parent employment; name and phone of child's physician; addresses of emergency contacts; and the requirement to store blanket permission slips and opt-out requests. For center staff records, the board proposes to eliminate contact information for an emergency contact and documentation of references as to character, reputation, and competency.

Health Provisions: Non-school age children must have documentation of a physical examination conducted either prior to attendance or within 30 days after the first day of attendance. Under the current regulation, if the child has had a physical examination prior to attendance, the timeframe to have obtained it varies based upon the child's age, as follows: (i) within two months prior to attendance for children six months of age and younger; (ii) within three months prior to attendance for children aged seven months through 18 months; (iii) within six months prior to attendance for children aged 19 months through 24 months; and (iv) Within 12 months prior to attendance for children two years of age through five years of age. The board proposes to standardize this timeframe for all ages by allowing up to 12 months before the date a child first attends the center regardless of age. The current regulation requires each staff member and individual from an independent contractor to submit documentation of a negative tuberculosis screening. It must have been completed within the last 30 calendar days of the date of employment. The proposed regulation would provide additional time, stating that it shall have been completed within 90 calendar days before coming in contact with children at the center.

Director qualifications and responsibilities: In both the current and proposed regulations, the "Director" is the individual responsible for supervising the day-to-day operations and staff of the center, and there are several pathways to qualify as a center director. The board proposes to reduce the educational and experience requirements for the various pathways. Lead teacher qualifications In both the current and proposed regulations, the lead teacher is the individual designated to be responsible for the direct supervision of children and for the implementation of the activities and services for a group of children, and there are several pathways to qualify as a lead teacher. The board proposes to add two more pathways:² (i) a career studies certificate³ in a child-related field with a minimum of 12 total college credits and (ii) a Virginia endorsement⁴ in a child-related field approved by the Department of Education.

Training: Both the current and proposed regulations require that all staff who work with children complete at least 16 hours of ongoing training each year. Under the current regulation, the required 10-hour preservice orientation does not count toward the first year's 16 hours of required training. The board proposes to allow the ten hours to apply toward the 16 hours required the first year. Both the current and proposed regulations include orientation training requirements for new staff on numerous topics. The board proposes to add requirements for orientation on children's health issues, child development, and classroom management. Under the current regulation, volunteers who work more than six hours per week must receive training on the center's emergency procedures within the first week of volunteering annually thereafter. The board proposes to require this only for volunteers who work more than eight hours per week. Both the current and proposed regulations require that at least two staff members who have current certifications in both CPR and first aid be present on the premises whenever a child is in care, and at least one staff member in each classroom or area must also meet these requirements. In addition, the current regulation requires that there be at least two staff members currently certified in CPR and first aid present on field trips. The proposed regulation would only require one so certified staff member on field trips. The current regulation requires at least one person on duty to be trained in performing daily health observation, but there is no clear requirement for actual daily health checks. The proposed regulation addresses this, by requiring that a trained staff member conducts a daily health observation of each child as close to arrival as possible and whenever staff responsible for the care of a child notes a change in behavior or appearance. The board proposes to add required training for drivers on safety restraints, tracking children, behavioral issues, first aid supplies, emergency procedures, and applicable transportation policies prior to transporting children under the supervision of the center. These topics are not addressed in the current regulation.

Lead Testing: For those new applicants that use a building built before 1978, the board proposes to require that a written statement from a person licensed in Virginia as a lead risk assessor be submitted describing the results of an assessment stating either (i) no lead was detected; (ii) lead was detected and response actions to abate risks to human health have been completed; or (iii) lead was detected and response actions to abate risks to human health have been recommended in accordance with a specified schedule. This would address risks from lead-based paint. Pursuant to Chapters 1084 and 1085 of the 2020 Acts of Assembly, the board proposes to require that each center develop and implement a plan to test potable water for lead and remediate and retest if necessary.

Sleep, Rest, Restrooms, and Diapering: Both the current and proposed regulations state that For overnight care, beds with mattresses or cots with at least two inches of dense padding shall be used by children who are not required to sleep in cribs. The current regulation also states that For overnight care which occurs for a child on a weekly or more frequent basis, beds with mattresses shall be used. The board proposes to eliminate this last requirement. The board proposes to newly require that rest mats have at least one inch of cushioning. The board proposes to newly require that each toileting area provided for children is equipped with a lined waste container. Under the current regulation, the diapers, disposable training pants, and the underwear of children who are toilet training may only be changed on a diapering surface. The board proposes to expand this by also allowing such changes to occur in the bathroom. Also, the board proposes to add that staff shall check diapers and disposable training pants at least once every two hours.

Play Areas, Equipment and Toys: The current regulation requires that a shady area be provided on playgrounds during the months of June, July, and August. The board proposes to extend the shade requirement to May through September. The board proposes to add that washable toys and materials used by infants shall be cleaned and sanitized daily, or more often if necessary. Also, water play tables or tubs that are used must be cleaned and sanitized daily.

Staffing: Under the current regulation, when a center operates more than six hours per day a lead teacher is not required in each grouping of children during the first and last hour of operation and during the designated rest period, given specified conditions. Under the proposed regulation, when a center operates more than eight hours per day a lead teacher is not required in each grouping of children during the first and last 90 minutes of operation and during the designated rest period, given the same specified conditions. The board also proposes to add that a lead teacher is not required in each grouping of children during short breaks and special activities. Under the current regulation, the maximum number of school-age children per staff member is 18;. the board proposes to increase the maximum number to 20. In addition, there is no maximum group size for school-age children under the current regulation. To meet federal requirements,⁵ the board proposes a maximum of 100 school-age children per group.

Special needs: The board proposes a new requirement that the center work with the parent and the staff assigned to the child to develop a plan to ensure that a child with special needs receives care and activity opportunities appropriate to their individual needs, including specific care and activities recommended by a professional. The plan shall be documented and maintained in the child's record, and updated annually, or more frequently, as necessary.

Swimming: Both the current and proposed regulations require that a certified lifeguard holding a current certification be on duty supervising whenever a child is participating in swimming or wading activities if the pool, lake, or other swimming area has a water depth of more than two feet. The proposed regulation additionally states there be one lifeguard for every 25 children in the water. The current regulation does not require more than one lifeguard regardless of the number of children in the water. The board also proposes to newly require that there be separate staff to supervise children not participating in the swimming and wading (if there are any) regardless of the total number of participating and non-participating children.

First Aid: The current regulation requires that an activated charcoal preparation be at the center and be available on field trips. The board proposes to eliminate this requirement.

Estimated Benefits and Costs. Epinephrine: Anaphylaxis is a severe, life-threatening allergic reaction. It can happen seconds or minutes after a person has been exposed to an allergen. Immediate use of an epinephrine autoinjector can keep anaphylaxis from worsening and can be lifesaving. Thus, the proposed requirements that child day centers possess and store appropriate weight-based dosages of undesignated or stock epinephrine, and that at least one person qualified to administer epinephrine has access to the epinephrine at all times during regular facility hours, has the potential to save the lives of children with undiagnosed allergies in cases when exposure to the allergen may result in anaphylaxis. An EpiPen package comes with two auto-injectors of 0.3 mg and is approved for adults and children who weigh 66 lbs. or more. The EpiPen JR package comes with two auto-injectors of 0.15 mg and is approved for children who weigh 33 lbs. to 66 lbs.⁶ There are now also Food and Drug Administration (FDA) approved epinephrine auto-injectors of 0.1 mg for infants and toddlers.⁷ FDA-authorized generic epinephrine is available from CVS at $109.99 per two-pack.⁸ Epinephrine autoinjectors have a shelf life of 12 to 18 months from the date of manufacture.⁹ For a child day center with children that fall into all three weight groups, and uses the FDA-authorized generic epinephrine from CVS, it would cost approximately $330 annually to maintain non-expired epinephrine on hand.¹⁰ DOE reports that it is already under contract with an outside entity that provides training in medication administration, including epinephrine administration. DOE is proposing a training program for staff at child day centers on the administration of epinephrine by this entity. If the training proposal is approved by VDH, the undesignated or stock epinephrine training would be developed. DOE's plan is for the training to be offered at no monetary cost to the child day centers. There would be staffing costs as those being trained cannot simultaneously take care of the children at the center.

Records: The proposal to require an emergency care plan that has been developed in consultation with a physician or physician's designee for any health issues that are reasonably likely to result in a medical emergency may enable staff to be better prepared to help children in the center when they have a medical emergency, which result in better health outcomes. It would also require additional staff time as well the time of the parent or guardian and a physician or physician's designee. The proposal to expand the exemption from the requirements that the center have documentation of immunizations and physical examinations to include all children when a center assumes responsibility for the child directly from a school or transfers responsibility to the school reduces administrative costs for centers that have such children and saves time for their parents or guardians in providing the documentation. Removing the requirements for the centers to maintain records regarding parent employment, the name and phone number of the child's physician, and addresses of emergency contacts also reduces administrative costs for centers and saves time for their parents or guardians in proving the information. For center staff records, the proposal to eliminate the requirements for emergency contact information and documentation of references saves time and administrative costs for staff and the center.

Health Provisions: The proposal to accept physical examinations for children that occurred up to 12 months before the date the child first attends the center (rather than within a much smaller timeframe) for all ages would likely in some cases eliminate the need for additional appointments for physical exams, saving the time and monetary cost associated with the additional examination. Similarly, the proposal to complete the tuberculosis screening within 90 calendar days before coming in contact with children at the center rather than within the last 30 calendar days of the date of employment may also prevent the need for repeated tests and save associated costs.

Director qualifications and responsibilities: The proposal to reduce the educational and experience requirements for the various pathways to qualify as a center director would reduce the time and tuition costs for at least some candidates to become qualified. This could increase the pool of qualified candidates from which centers could choose to hire a director.

Lead teacher qualifications: Adding two more educational options to qualify as a lead teacher may make it easier for some individuals to qualify and consequently could increase the pool of qualified candidates from which centers could choose to hire lead teachers.

Training: The proposal to allow the 10-hour preservice orientation to count toward the first year's 16 hours of required training could save staff time and the monetary cost of 10 hours of training. The proposal to add children's health issues, child development, and classroom management to the required orientation topics may help staff be better prepared to handle related issues. The proposal to require that a trained staff member conducts a daily health observation of each child and note a change in behavior or appearance may help identify illness or injury and may help reduce transmission of illness within the center. The board proposal to add required training for drivers on safety restraints, tracking children, behavioral issues, first aid supplies, emergency procedures, and applicable transportation policies prior to transporting children under the supervision of the center may help improve child safety during transportation. All of these proposed new requirements would entail additional staff time that could be used in other productive tasks. No longer requiring that volunteers who work more than six hours per week but not more than eight receive training on the center's emergency procedures reduces staff time burden. The proposal to only require one staff member certified in CPR and first aid present on field trips rather than two saves on training and certification costs. American Red Cross Adult and Pediatric First Aid/CPR training and certification costs $108 and takes two hours and 15 minutes, plus travel time¹¹

Lead Testing: According to the U.S. Centers for Disease Control and Prevention, exposure to lead can seriously harm a child's health, causing effects including damage to the brain and nervous system and slowed growth and development. Children may also have learning and behavior problems and hearing and speech problems.¹² The proposal to require that each center develop and implement a plan to test potable water for lead and remediate and retest, if necessary, could help prevent children's exposure to lead with its associated health risks. Testing of potable water for lead would cost about $65 for each test.¹³ Some centers may need to do multiple tests. If remediation is necessary, it can be done using a filter that is certified to reduce lead in drinking water. Such filters are available for approximately $60.¹⁴ A separate filter would be needed for each sink, water fountain, etc. The proposal to require new applicants using a building built before 1978 to submit a written statement from a person licensed in Virginia as a lead risk assessor describing the results of an assessment stating either (i) no lead was detected; (ii) lead was detected and response actions to abate risks to human health have been completed; or (iii) lead was detected and response actions to abate risks to human health have been recommended in accordance with a specified schedule could help prevent children in center buildings built prior 1978 from being exposed to lead-based paint with its associated health risks. It would, according to a DOE estimate, cost approximately $1,200. If necessary, the cost of lead paint removal is on average $3,499.¹⁵ There would also be the cost of replacing the lead paint with new paint.

Sleep, Rest, Restrooms, and Diapering: The proposed elimination of the requirement that beds with mattresses be used for overnight care which occurs for a child on a weekly or more frequent basis, could save centers the cost of beds with mattresses. Children's beds with mattresses are available for about $95.¹⁶ The proposal to also allow the changing of diapers, disposable training pants, or underwear of children who are toilet training to occur in the bathroom, and not only on the diapering surface, may allow for quicker changing of such items, potentially reducing discomfort and the occurrences and severity of rashes. The proposal to require that staff check diapers and disposable training pants at least once every two hours may also reduce discomfort and the occurrences and severity of rashes. If a center is currently using rest mats that have less than one inch of cushioning, it would cost approximately $20 to replace each rest mat with one that has at least one inch of cushioning to meet the proposed minimum cushioning requirement.¹⁷ If a center's toileting areas provided for children do not already have a waste container, it would cost approximately $9 to purchase such a container.¹⁸ Multiple containers would need to be purchased if there are multiple toileting areas that do not already have waste containers. Garbage bags would also need to be purchased to line the containers.

Play Areas, Equipment, and Toys: The proposal to extend the shade requirement to May through September may help prevent some children from becoming overheated and potentially getting sunstroke or developing other sun-related concerns such as sunburn and the related risk of skin cancer later in life. The proposal may require the use of tents or other shade providing equipment in May and September that would not otherwise been used during those months, but it would not likely require the acquisition of additional equipment since it is already needed in June, July, and August. The proposed cleaning and sanitizing requirements for washable toys, materials used by infants, water play tables and tubs may reduce the spread of infectious diseases, but would also require additional staff time (if this is not already done) as well as additional cleaning supplies.

Staffing: The proposal to allow lead teachers to be able to temporarily step away from the group for short breaks, special activities, and the first and last 90 minutes of operation when a center operates more than eight hours allows additional flexibility in staffing. The proposal to newly require that a lead teacher be in each grouping of children during the first and last hour of operation when a center operates more than six hours per day but not more than eight would reduce flexibility. The proposal to increase the maximum number of school-age children per staff member from 18 to 20 allows centers to earn more revenue by potentially having two additional children paid for each staff member. DOE estimates that average annual tuition is $9,400 per school-age child. Thus, centers could potentially earn an additional $18,800 annually per staff member. If a center has a group or groups of over 100 school-age children, the proposal to have a maximum of 100 school-age children per group may necessitate the hiring of additional staff.

Special needs: The proposal to require that the center work with the parent and the staff assigned to the child to develop a plan for care and activity opportunities appropriate to the child's individual needs may result in enhanced care and protection of children with special needs and allow parents to have more involvement in determining what care and services are best for their child. It would also require additional staff time as well the time of the parent or guardian and possibly the professional expert.

Swimming: The proposal to require an additional lifeguard for each 25 children in the water would help ensure the safety of children participating in swimming and wading activities. Additionally, it would likely require the hiring of an additional lifeguard or lifeguards for centers that provide swimming and wading. The proposal to newly require that there be separate staff to supervise children not participating in the swimming and wading (if there are any), regardless of the total number of participating and non-participating children would also help ensure the safety of children participating in swimming and wading activities, but it may require that an additional staff member be present during swimming and wading activities.

First Aid: The proposal to eliminate the requirement that an activated charcoal preparation be at the center and be available on field trips would save centers about $26.¹⁹

Businesses and Other Entities Affected. The proposed amendments affects the 2,629 licensed child day centers in the Commonwealth, as well their staff and customers. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.²⁰ 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.²¹ There are benefits and costs for numerous proposed changes. Not all benefits and not all costs apply to each center. There may be some centers for whom the increased costs and/or reduced benefits for all the proposed changes combined outweigh the reduced costs and/or increased benefits. Such centers would be adversely affected.

Small Businesses²² Affected.²³ Types and Estimated Number of Small Businesses Affected: DOE reports that the 2,629 licensed child day centers in Virginia are a combination of different size business entities, non-profit entities and governmental entities. The agency does not have an estimate for the number that are small businesses. Costs and Other Effects: The costs for small centers are as described above in the Estimated Benefits and Costs section. Alternative Method that Minimizes Adverse Impact: There are no clear alternative methods that both reduce adverse impact and meet the intended policy goals.

Localities²⁴ Affected.²⁵ The proposal does not disproportionally affect particular localities. Cost changes for centers run by local governments are described in the Estimated Benefits and Costs section.

Projected Impact on Employment. The proposal to require an additional lifeguard for each 25 children may modestly increase the demand for and employment of lifeguards. Though there are some proposed changes that reduce required staff time, it appears that overall, there are greater increases in required staff time. Thus, there may be a small increase in demand for center staff and associated employment.

Effects on the Use and Value of Private Property. There are likely some centers for whom the reduced costs or increased benefits for all the proposed changes combined outweigh the increased costs or reduced benefits, and others for whom the increased costs or reduced benefits for all the proposed changes combined outweigh the reduced costs or increased benefits; the value of the former would likely moderately increase and the value of the latter would likely moderately decrease. The proposal does not affect costs related to the development of real estate.

_____________________________

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 Programmatic experience is required in addition to education.

³ The career studies certificate aligns with Virginia Community College System certifications in early childhood education.

⁴ The endorsement aligns with offerings by agencies contracted with the department to offer such coursework.

⁵ The Child Care and Development Fund, 45 CFR Part 98, requires that states have group size and ratio requirements for all age groups.

⁶ See https://www.goodrx.com/epinephrine-epipen/how-to-save-cost.

⁷ See https://www.fda.gov/media/127806/download.

⁸ See https://www.cvs.com/content/epipen-alternative.

⁹ See https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5720482/.

¹⁰ Average of $110 per epinephrine auto-injector package, and three separate packages for the three different weight groups.

¹¹ Source: https://www.redcross.org accessed on October 1, 2025.

¹² See https://www.cdc.gov/lead-prevention/risk-factors/children.html.

¹³ Source: https://specialtytesting.com accessed on October 1, 2025.

¹⁴ Source: www.amazon.com accessed on October 1, 2025.

¹⁵ Source: https://www.angi.com/articles/how-much-cost-removing-lead-paint.htm accessed on October 1, 2025.

¹⁶ Source: www.amazon.com accessed on October 1, 2025.

¹⁷ Source: www.amazon.com accessed on October 1, 2025.

¹⁸ Ibid.

¹⁹ Bottles of activated charcoal cost about $13, based on an October 1, 2025, www.amazon.com search. The cost estimate for centers assumes two bottles purchased, one to keep at the center and one for field trips.

²⁰ 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.

²¹ 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.

²² 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."

²³ 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.

²⁴ "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.

²⁵ 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 proposed action repeals Standards for Licensed Child Day Centers (8VAC20-780) and replaces it with a new chapter, also called Standards for Licensed Child Day Centers (8VAC20-781). These standards provide criteria for licensing or evaluating the health and safety of care that children receive in licensed child day centers. The proposed amendments to the standards include (i) establishing epinephrine requirements; (ii) updating recordkeeping requirements; (iii) updating the timing of health care examinations and tests; (iv) reducing qualification requirements for directors and lead teachers; (v) enhancing training requirements; (vi) updating requirements pertaining to sleeping, resting, and diapering; (vii) updating requirements pertaining to play areas, equipment, and toys; (viii) changing staffing requirements; (ix) requiring expanded planning for children with special needs; and (x) increasing safety requirements for swimming.

Chapter 781

Standards for Licensed Child Day Centers

Part I

Introduction

8VAC20-781-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly states otherwise:

"Abusive head trauma" means a traumatic injury that is inflicted on the brain of a child, including Shaken Baby Syndrome.

"Age and stage appropriate" means the curriculum, environment, equipment, and adult-child interactions are suitable for the ages and the individual needs of children in care.

"Attendance" means the actual presence of an enrolled child.

"Balanced mixed-age grouping" means a program using a curriculum designed to meet the needs and interests of children in the group and is planned for children who enter the program at three through five years of age. The enrollment in the balanced mixed-age grouping comprises a relatively even allocation of children in each of the ages (three to six years of age) and is designed for children and staff to remain together with turnover planned only for the replacement of existing students with children of ages that maintain the class balance.

"Child" means an individual younger than 18 years of age.

"Child day center" or "center" means a child day program offered to (i) two or more children younger than 13 years of age in a facility that is not the residence of the provider or of any of the children in care or (ii) 13 or more children at any location.

"Child day program" means a regularly operating service arrangement for children where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of a child younger than 13 years of age for less than a 24-hour period.

"Child experiencing homelessness" means a child who is homeless as defined in § 725 of Subtitle VII-B of the McKinney-Vento Act (42 USC § 11434a).

"Child with special needs" means a child with developmental disabilities, intellectual disabilities, an emotional disability, sensory or motor impairment, or significant chronic illness who requires special health surveillance or specialized programs, interventions, technologies, or facilities.

"Cleaned" means to scrub and wash with (i) soap and water or (ii) detergent solution.

"Cooperative preschool center" means a center that is organized, administered, and maintained by parents of children in care, parent volunteers, or other persons who participate or volunteer on behalf of a child attending the center.

"Date of employment" means the date that an employee begins to perform services for the child day program, which includes orientation training.

"Department" means the Virginia Department of Education.

"Director" means the individual responsible for supervising the day-to-day operations and staff of the center.

"Enrolled" means that a regular service arrangement has been entered into between a parent and center, where the center has agreed to assume responsibility for the supervision, protection, and well-being of a child under the age of 13 for less than a 24-hour period during the absence of a parent or guardian.

"Evening care" means care provided between 7 p.m. and midnight.

"Experience in a supervisory capacity" means experience in an administrative position that includes supervising, orienting, training, and scheduling.

"Fall height" means the vertical distance between the highest elevated play surface on play equipment designed for standing, walking, crawling, sitting, or climbing and the protective surface beneath it.

"Field trip" means an activity away from the premises of the center during which children are under the supervision of the center.

"Group" means the group of children under the supervision of one staff member or team of staff members.

"Group size" means the number of children assigned to a staff member or team of staff members occupying an individual room or area.

"Individual service, recreation, education, or treatment plan" means a plan identifying the child's strengths, needs, general functioning, and plan for providing services to the child to include specific goals and objectives for services, accommodations, and intervention strategies. The individual service, recreation, education, or treatment plan clearly shows documentation and reassessment or evaluation strategies.

"Infant" means a child from birth up to 16 months.

"Lead teacher" means the individual designated to be responsible for the direct supervision of children and for the implementation of the activities and services for a group of children. The term lead teacher is used to interpret the term "program leader" in Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia.

"Licensee" means a person to whom a conditional license, license, or provisional license has been issued and who is legally responsible for compliance with the licensing standards related to the operation or maintenance of the center.

"Overnight care" means care provided after 7 p.m. and past midnight.

"Parent" means a parent, guardian, legal custodian, or other person that has control or charge of a child.

"Physician's designee" means an advanced practice registered nurse, licensed physician assistant, licensed nurse (RN or LPN), or health assistant acting under the supervision of a physician.

"Play yard" means a framed enclosure that includes a floor and is primarily intended to provide an area for a child to play.

"Preschool age" means a child who is at least three years of age but has not reached five years of age by September 30 of the school year.

"Primitive camp" means a camp where places of abode, water supply system, or permanent toilet and cooking facilities are not usually provided.

"Programmatic experience" means the supervision of children in a structured setting. Experience shall be calculated based on full-time work (30 hours per week or more) or its part-time equivalent. Experience settings may include a child day program, family day home, child day center, boys and girls club, continuing education, field placement, elementary school, or a religious institution.

"Protective surfacing" means impact absorbing materials for indoor and outdoor use, under and around playground equipment.

"Sanitized" means treated to remove germs, bacteria, and viruses from inanimate surfaces. Sanitizing is accomplished in two steps following cleaning; first by using a sanitizing agent or physical agent (e.g., heat), and second, by allowing the sanitizing agent to air dry on the surface for a minimum of two minutes or according to the manufacturer's instructions.

"Sanitizing agent" means a solution or wipe approved by the U.S. Environmental Protection Agency for sanitizing or disinfecting or a bleach solution made daily.

"School-age" means a child who will have reached the child's fifth birthday on or before September 30 of the school year. Children four or five years of age children may be considered school-age during the summer months if the children will be entering kindergarten that year.

"Short-term program" means a child day center that operates fewer than 12 weeks a year.

"Special needs child day program" means a program exclusively serving children with special needs.

"Staff" or "staff member" means an individual who is at least 16 years of age and (i) works with children at the facility or (ii) is involved in the day-to-day operation of the center.

"Superintendent" means the Superintendent of Public Instruction at the Department of Education and, except when prohibited by law, includes the superintendent's representatives.

"Therapeutic child day program" means a specialized program, including therapeutic recreation programs, exclusively serving children with special needs when an individual service, recreation, education, or treatment plan is developed and implemented with the goal of improving the functional abilities of the children in care.

"Toddler" means a child from 16 months of age up to 24 months of age.

"Twos" means a child from 24 months of age to 36 months of age.

"Use zone" means the surface under and around a piece of equipment onto which a child falling or exiting from the equipment would be expected to land. Use zone areas are also designated for unrestricted circulation around the equipment.

"Volunteer" means an individual who (i) is at least 13 years of age, (ii) works at a center without compensation, (iii) is not counted in the staff-to-child ratios, and (iv) is at all times within sight and sound supervision of a staff member when with a child. An unpaid individual not meeting this definition is considered "staff" and shall meet staff requirements.

"Wading" means a waterplay activity in which children stand, walk, or sit in water less than two feet deep.

8VAC20-781-20. Purpose and applicability.

A. The purpose of these standards is to protect children under the supervision of licensed child day centers by ensuring that the activities, services, and facilities of centers are conducive to the well-being of children.

B. This chapter applies to child day centers that are required to be licensed by Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia.

Part II

Administration

8VAC20-781-30. Operational responsibilities.

A. The licensee shall ensure compliance with federal, state, or local laws and regulations.

B. The licensee shall maintain public liability insurance for bodily injury for each center premises with a minimum limit of at least $500,000 for each occurrence and with a minimum limit of $500,000 aggregate. A public sponsor may have equivalent self-insurance that is in compliance with the Code of Virginia.

C. The center shall maintain a written list, for each group of children, of important health conditions and dietary restrictions. The center shall inform staff about the list. The list shall only be accessible to staff and shall have the most recent date of revision clearly stated. This up-to-date list shall be in each room or area where children are present and kept confidential unless written permission is received from the parent to post, display, or share.

D. A hospital-operated center may temporarily exceed its license capacity during a natural disaster or emergency situation according to the center's emergency preparedness and response plan.

E. When children 13 years of age or older are in care of the program and receive supervision in the licensed program, those children shall be counted in the number of children receiving care and the center shall comply with this chapter in providing care for those children.

F. When children of staff are present at the facility and engaged in activities or under the supervision of staff, including the parent, who are supervising other children enrolled in the program, those children shall be considered enrolled for purposes of this chapter.

G. The center shall implement policies for the possession and administration of undesignated or stock epinephrine pursuant to § 22.1-289.059 of the Code of Virginia that ensure:

1. Undesignated or stock epinephrine is only administered by a nurse at the center, an employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine, or staff at the center authorized by a prescriber and trained in the administration of epinephrine pursuant to 8VAC20-781-170 C to a child believed to be having an anaphylactic reaction;

2. At least one nurse at the center or an employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine, or staff at the center authorized by a prescriber and trained in the administration of epinephrine pursuant to 8VAC20-781-170 C has the means to access at all times during regular facility hours appropriate weight-based dosages of undesignated or stock epinephrine based on the children in care at the center; and

3. Undesignated or stock epinephrine is stored in a locked or inaccessible container or area in the center.

8VAC20-781-40. Recordkeeping.

A. Staff and children's records shall be treated confidentially. A child's record required by this chapter shall be made available to the child's parent in accordance with § 20-124.6 of the Code of Virginia. Information in the child's record shall not be made public without the written consent of the parent.

B. Records and reports on children and staff required by this chapter shall be maintained and made accessible for two years after termination of services or separation from employment unless otherwise specified in this chapter.

C. The licensee shall keep all records required by 8VAC20-781-50 through 8VAC20-781-80 in locked files or a secure electronic file, except for those required to be accessible pursuant to 8VAC20-781-590, and access to the files should be restricted according to a principle of least privilege. Records shall remain accessible during power outages and emergencies.

D. Records required by this chapter shall be kept current and accurate.

8VAC20-781-50. Children's records.

A. Each center shall maintain and keep on the premises a separate record for each child enrolled.

B. Each enrolled child's record shall contain the following information before the first day of attendance, unless otherwise stated:

1. Name, preferred name (if any), sex, birth date of the child, and address;

2. Name, home address, and telephone number of each parent who has custody;

3. Name and telephone number of two designated people to call in an emergency if a parent cannot be reached;

4. Names of persons to whom the child may be released, including agencies with whom the parent has a contract in place to provide a specialized service to the child. Appropriate legal paperwork shall be on file when a custodial parent requests the center not to release the child to the other parent;

5. A list of health issues, including allergies, intolerances to medication or other substances, chronic physical or medical conditions, special needs, dietary restrictions, dietary preferences, pertinent behavioral or developmental information, and special accommodations needed;

6. For items in subdivision 5 of this section that are reasonably likely to result in a medical emergency, an emergency care plan that has been developed in consultation with a physician or a physician's designee;

7. Written agreements as required by 8VAC20-781-410;

8. Previous child day care and schools attended by the child, as well as any child day care or school concurrently attended by the child;

9. Documentation of viewing proof of the child's identity and age as outlined in § 22.1- 289.049 of the Code of Virginia;

10. Documentation of health information as required by 8VAC20-781-80. When a center assumes responsibility for the child directly from a school or the center transfers responsibility of the child directly to the school, the center is not required to maintain documentation required by 8VAC20-781-80 A and B of the school's records for that child;

11. Documentation of the enrollment of a child experiencing homelessness enrolled under the provision of 8VAC20-781-80 C; and

12. The date of initial attendance and the last day of attendance.

C. The center shall document annually that the parent has confirmed that information in the child's record is accurate.

8VAC20-781-60. Staff records.

The following records shall be kept for each staff member:

1. Name, address, verification of age requirement, current job title, and dates of employment or volunteering;

2. Background check information shall be maintained in accordance with the requirements in 8VAC20-770;

3. Documentation that the individual meets the appropriate qualifications and training in Part III (8VAC20-781-90 et seq.) of this chapter. The documentation of training shall include (i) the name of the staff member; (ii) the date of the training; (iii) the training topic; (iv) evidence that the training has been completed; (v) the person providing the training; and (vi) the number of training hours or credit hours received;

4. Health information as required by 8VAC20-781-80; and

5. Information, to be kept on the premises, about health problems that may interfere with fulfilling the job responsibilities.

8VAC20-781-70. Attendance records; reporting.

A. The center shall maintain a record of daily attendance that documents the arrival and departure times of each child as arrival and departure occur.

B. The licensee shall ensure that staff in each group of children maintains a list of children that accurately reflects the children in the licensee's care.

C. The center shall inform the superintendent as soon as practicable, but not to exceed one business day, of the circumstances surrounding the following incidents:

1. Death of a child while under the center's supervision;

2. Missing child when local authorities have been contacted for help;

3. The suspension or termination of all child care services for more than 24 hours as a result of an emergency situation and plans to resume child care; and

4. A situation in which a child's whereabouts was unknown, including a child left unattended or unsupervised, a lost or missing child, or a child who wandered away unattended from the facility.

D. The center shall inform the superintendent as soon as practicable but not to exceed two business days after learning about an injury while a child is under the supervision of the center that required professional medical attention outside of basic first aid.

E. If the center or a person employed by the center has reason to suspect that a child is an abused or neglected child, such person shall report the matter immediately in accordance with § 63.2-1509 of the Code of Virginia.

F. A center shall immediately report an outbreak of disease as defined by the State Board of Health to the local health department, as required by § 32.1-37 of the Code of Virginia.

8VAC20-781-80. Health provisions.

A. Immunizations. The center shall comply with the health provisions of § 22.1-271.2 of the Code of Virginia.

B. Physical examinations.

1. The center shall obtain documentation of a report from a qualified licensed physician, or an advanced practice registered nurse or licensed physician assistant acting under the supervision of a licensed physician, of a comprehensive physical examination performed within (i) 12 months before the date a child first attends the center or (ii) 30 days after the first day of attendance.

2. A physical examination shall not be required of a child whose parent objects on religious grounds and who shows no visual evidence of sickness, provided that the parent shall state in writing that, to the best of the parent's knowledge, the child is in good health and free from a communicable or contagious disease.

C. If a child is experiencing homelessness and does not have documentation of the required immunizations and physical examination, the center shall allow the child to attend during a grace period of no more than 90 days to allow the parent time to obtain documentation of the required documents.

D. Tuberculosis.

1. Before a staff member's date of employment, the results of a screening assessment documenting the absence of tuberculosis in a communicable form shall be submitted to the center. The documentation shall contain the elements of the current tuberculosis screening form published by the Virginia Department of Health and shall have been completed within 90 calendar days before coming in contact with children at the center.

2. A staff member or volunteer who develops symptoms compatible with active tuberculosis disease, regardless of the date of the last tuberculosis screening or assessment, shall immediately obtain and submit a new tuberculosis screening form required in subdivision 1 of this subsection.

3. A staff member or volunteer who comes into contact with a known case of infectious tuberculosis shall immediately obtain and submit to the center a new tuberculosis screening form required in subdivision 1 of this subsection. Until a new screening form is issued that documents the absence of tuberculosis in a communicable form, the staff member shall not have contact with children.

Part III

Staff Qualifications and Training

8VAC20-781-90. Director qualifications.

A. Directors shall be at least 21 years of age and shall have a high school diploma or the equivalent.

B. The director shall meet one of the following education and experience qualification options, as well as three months of experience in a supervisory capacity:

1. A bachelor's or graduate degree in a child-related field, such as child development, early childhood education, elementary education, recreation, or nursing, and three months programmatic experience.

2. Forty-eight college credits with 12 college credits in child-related courses and six months of programmatic experience;

3. The requirement for a lead teacher in 8VAC20-781-110 B 1 and one year of programmatic experience; or

4. The requirement for a lead teacher in 8VAC20-781-110 B 2 and two years of programmatic experience.

C. Directors without experience in a supervisory capacity shall complete, within 10 business days of employment or promotion, 10 hours of management training that includes information on supervising, orienting, training, and scheduling.

D. Notwithstanding subsection A of this section, an individual who is at least 19 years of age may serve as a director at a short-term program.

E. A director employed before (insert effective date of regulation) who met the education and experience qualifications in effect immediately before (insert effective date of regulation), and who has been continuously employed as a child day center director is considered to have met the requirements of this section.

8VAC20-781-100. Director responsibilities.

A. The licensee shall ensure that the director or one or more staff designated to assume the director's responsibilities who meets the requirements of 8VAC20-781-90 and who has received orientation and training on operation in the director's absence is on the premises for at least 50% of the center's hours of operation each week.

B. When the director or designee is not on the premises, the licensee shall designate a staff member at least 18 years of age to be on the premises of the center to oversee the administration of the center during the center's hours of operation.

8VAC20-781-110. Lead teacher qualifications.

A. Lead teachers shall be at least 18 years of age and shall have a high school diploma or the equivalent.

B. Lead teachers shall meet a director qualification stated in 8VAC20-781-90 or one of the following education and experience requirements:

1. Three months of programmatic experience and one of the following:

a. A one-year community college certificate in a child-related field with a minimum of 30 total college credits;

b. A career studies certificate in a child-related field with a minimum of 12 total college credits;

c. A teaching diploma from an internationally or nationally recognized Montessori organization; or

d. A credential in a child-related field by an organization listed in § 22.1-289.048 of the Code of Virginia or an equivalent credential recognized by the department.

2. Six months of programmatic experience and:

a. A Virginia endorsement in a child-related field approved by the department; or

b. Twenty-four hours of training in the following topics: child development, behavior guidance, playground safety, and health and safety issues. This training shall be completed before being promoted or beginning work or within 60 days after being promoted or beginning work. Orientation training required by 8VAC20-781-130 B and C shall not be used to meet this qualification.

C. Lead teachers at short-term programs shall have a minimum of 200 hours of programmatic experience, of which up to 24 hours can be formal training.

D. A lead teacher employed before (insert effective date of regulation), who met the education and experience qualifications in effect immediately before (insert effective date of regulation), and who has been continuously employed as a child day center lead teacher is considered to have met the requirements of this section.

8VAC20-781-120. Driver qualifications and requirements.

A. An individual who drives a vehicle to transport children for the center shall (i) be at least 18 years of age; (ii) possess a valid driver's license that authorizes the driver to operate the vehicle being driven; and (iii) provide, before transporting children, a driving record obtained from the state department of motor vehicles that issued the current license.

B. Centers that have obtained insurance for all individuals who transport children shall not be required to provide a driving record as required in subsection A of this section.

8VAC20-781-130. Orientation training.

A. The licensee shall ensure that all staff who will work with children complete the preservice training sponsored by the department within 90 calendar days of their date of employment. A staff member who has documentation of completing the preservice training shall not be required to retake the course.

B. The center shall provide orientation training to all staff who will work with children. The orientation training shall be completed by staff before working alone with a child and within seven days of the staff member's date of employment. The orientation training shall include all the following facility specific topics relevant to the staff member’s job responsibilities:

1. Recognizing child abuse and neglect and the legal requirements for reporting suspected child abuse and neglect as required by § 63.2-1509 of the Code of Virginia;

2. Introduction and orientation to each child assigned to staff, including health issues documented according to 8VAC20-781-50 B 5;

3. Child development;

4. Classroom management;

5. Abusive head trauma prevention and, if serving infants or toddlers, prevention of shaken baby syndrome, coping with crying babies and distraught children;

6. Safe sleeping practices and sudden infant death syndrome awareness;

7. Playground safety to include (i) how staff will engage in the active supervision of children and (ii) maintenance of equipment and protective surfacing;

8. The supervision of children and all the requirements of Part V (8VAC20-781-260 et seq.) of this chapter to include (i) methods of active supervision of children; (ii) how the center will ensure that each group of children receives care by consistent staff or team of staff members; (iii) how the center will identify where children are at all times, including during group transitions and field trips; (iv) actions to take when a child arrives after scheduled activities have begun, including field trips or when the group is off site or not in the assigned room when the child arrives; and (v) maintaining staff-to-child ratios;

9. Assuming and releasing care of children to include (i) the method of confirming the absence of a child when the child is scheduled to arrive from another program or from an agency responsible for transporting the child to the center; (ii) the method for verifying that children are released only to individuals authorized by the parents; and (iii) child pickup after normal hours, during emergencies, and when a child's class is off site or not in the assigned area;

10. Actions to take in case of a lost or missing child, ill or injured child, or when a child has a medical or other emergency;

11. Confidentiality, including how records will be kept confidential and secure and how the privacy of children will be maintained, including expectations for communications, use of technology, and social media;

12. Food service, storage, safety and preparation, and nutrition, according to the requirements of 8VAC20-781-610 and 8VAC20-781-620;

13. Emergency procedures and written safety rules according to requirements of 8VAC20-781-450 and 8VAC20-781-460;

14. Emergency preparedness and response according to the requirements of Part IX (8VAC20-781-580 et seq.) of this chapter;

15. The center's transportation policies according to the requirements of 8VAC20-781-630 and 8VAC20-781-640, including accounting for children before leaving for a field trip, upon arriving at a field trip site, before leaving a field trip site, upon returning to the center, and during any stops on the field trip;

16. The center's policies and procedures for medication according to the requirements of Part VIII (8VAC20-781-510 et seq.) of this chapter;

17. Behavior guidance according to the requirements of 8VAC20-781-370 and 8VAC20-781-380;

18. Parent engagement, communication, notification, and agreements according to the requirements of 8VAC20-781-390, 8VAC20-781-400, and 8VAC20-781-410;

19. Preventing the spread of disease and infection control according to the requirements of Part VII (8VAC20-781-470 et seq.) of this chapter; and

20. Prevention of and response to emergencies due to food and other allergies, including:

a. Recognizing the symptoms of an allergic reaction;

b. Responding to allergic reactions;

c. Preventing exposure to the specific foods and other substances to which a child is allergic; and

d. Preventing cross-contamination.

C. The licensee shall ensure that all staff who work with children, within 30 days of the staff member's date of employment, complete an overview of first aid and cardiopulmonary resuscitation (CPR) skills.

D. The licensee shall ensure that the director completes the prelicensure orientation sponsored by the department within 60 days of the director's date of employment or promotion. A director who has documentation of completing the prelicensure orientation shall not be required to retake the orientation.

E. Volunteers who regularly work with children more than eight hours per week shall receive training on the center's emergency procedures within the first week of volunteering. The center shall document and maintain a record that the volunteer received the training.

F. Parents or other persons who participate in a cooperative preschool center on behalf of a child attending such cooperative preschool center, including such parents and persons who are counted for the purpose of determining staff-to-child ratios, shall be exempt from orientation and training requirements applicable to staff of child day programs by this section. This orientation and training exemption shall not apply to a parent or other person who participates in a cooperative preschool center that has entered into a contract to provide child care services funded by the Child Care and Development Block Grant.

8VAC20-781-140. Ongoing training.

A. The licensee shall ensure that all staff complete annual training on emergency preparedness and response, child abuse and neglect, and mandated reporter requirements.

B. The licensee shall ensure that all staff who work with children complete at least 16 hours of ongoing training each year. Of these 16 hours, three hours shall include the department's health and safety update course. The ongoing training shall not include the training required by 8VAC20-781-130 B or C. The ongoing training shall be relevant to the staff member's job responsibilities and appropriate to the age of children in care.

C. Notwithstanding the requirements of 8VAC20-781-140 B, a center that runs a short-term program shall ensure that all staff who work with children complete at least 10 hours of ongoing training each year.

D. Volunteers who regularly work with children more than eight hours per week shall be required to complete annual training on the center's emergency procedures. The center shall document and maintain a record that the volunteer received the training.

E. Parents or other persons who participate in a cooperative preschool center on behalf of a child attending such cooperative preschool center, including parents and persons who are counted for the purpose of determining staff-to-child ratios, shall only be required to complete four hours of ongoing training each year. A parent or other person who participates in a cooperative preschool center that has entered into a contract to provide child care services funded by the Child Care and Development Block Grant shall complete the training requirements applicable to all centers by this section.

8VAC20-781-150. First aid training and cardiopulmonary resuscitation (CPR).

A. The licensee shall ensure that at least two staff members who have the following certifications are present on the premises whenever a child is in care:

1. Current certification in cardiopulmonary resuscitation (CPR) as appropriate to the age of the children in care from an individual or organization holding instructor certification. The training shall include an in-person competency demonstration; and

2. Current certification in first aid from an individual or organization holding instructor certification.

B. The licensee shall ensure that at least one staff member in each classroom, area, or in each group of children on field trips where children are present meets the qualifications in subsection A of this section.

C. A primitive camp shall have one staff member on the premises who has a current certification in emergency medical responder training whenever the primitive camp has assumed responsibility for supervising a child.

D. Medical professionals with a current license or certification shall not be required to obtain first aid certification.

8VAC20-781-160. Daily health observation training.

A. The licensee shall ensure that there is at least one staff member on the premises who has obtained instruction within the last three years in performing daily health observations of children whenever the center has assumed responsibility for supervision of a child.

B. Daily health observation training shall include the following:

1. Components of daily health check for children;

2. Inclusion and exclusion of the child from the class when the child is exhibiting physical symptoms that show possible illness;

3. Descriptions of how diseases are spread and the procedures or methods for reducing the spread of disease;

4. Information concerning the Virginia Department of Health Notification of Reportable Diseases pursuant to 12VAC5-90-80 and 12VAC5-90-90, also available from the local health department and the website of the Virginia Department of Health; and

5. Staff occupational health and safety practices in accordance with Occupational Safety and Health Administration's bloodborne pathogens regulation (29 CFR 1910.1030).

C. The licensee shall ensure that a trained staff member conducts a daily health observation of each child as close to arrival as possible and whenever staff responsible for the care of a child notes a change in behavior or appearance.

8VAC20-781-170. Medication administration training.

A. The licensee shall ensure that the administration of prescription medication is performed by a staff member who (i) is licensed by the Commonwealth of Virginia to administer such medications or (ii) is qualified under § 54.1-3408 O of the Code of Virginia to administer medication to a child in a child day program and has satisfactorily completed a training program approved by the Board of Nursing and taught by a registered nurse, licensed practical nurse, an advanced practice registered nurse, physician assistant, doctor of medicine or osteopathic medicine, or pharmacist.

B. To safely perform medication administration practices listed in 8VAC20-781-530, whenever the center has agreed to administer over-the-counter medications other than topical skin gel, cream, or ointment, the administration shall be performed by a staff member who has satisfactorily completed a training course developed or approved by the department in consultation with the Virginia Department of Health and the Board of Nursing and taught by a registered nurse, licensed practical nurse, an advance practice registered nurse, physician assistant, doctor of medicine or osteopathic medicine, or pharmacist or by a staff member who is licensed by the Commonwealth to administer medications.

C. The administration of undesignated or stock epinephrine shall be performed by:

1. A nurse at the center or employee of a local health department authorized by a prescriber and trained in the administration of epinephrine;

2. A staff member at the center who is authorized by a prescriber and meets the requirements of subsections A, B, and D of this section;

3. A staff member who has satisfactorily completed a training course developed or approved by the department in consultation with the Virginia Department of Health; or

4. A staff member who has satisfactorily completed a course taught by a registered nurse, licensed practical nurse, an advance practice registered nurse, physician assistant, doctor of medicine or osteopathic medicine, or pharmacist that includes the following:

a. Recognizing signs and symptoms of anaphylaxis;

b. Emergency procedures for responding to anaphylaxis; and

c. Instructions and procedures for administering epinephrine.

D. Staff required to have medication administration training and training in the administration of undesignated or stock epinephrine shall be retrained at three-year intervals.

8VAC20-781-180. Driver training requirements.

The licensee shall ensure that an individual who drives a vehicle to transport children has received the following training before transporting children under the supervision of the center:

1. Proper use of child safety restraints in accordance with Virginia state law;

2. Proper loading, unloading, and tracking of children per center policies;

3. Issues that may arise in transporting children with behavioral issues;

4. The location of first aid supplies;

5. The emergency procedures for the vehicle, including actions to be taken if an accident occurs, vehicle malfunction, and medical emergencies; and

6. The center's transportation policies according to the requirements of 8VAC20-781-630 and 8VAC20-781-640, including accounting for children before leaving for a field trip, upon arriving at a field trip site, before leaving a field trip site, upon returning to the center, and any stops on the field trip.

Part IV

Physical Plant

8VAC20-781-190. Initial approval from other agencies; requirements before initial licensure.

A. Before issuance of an initial license, the center shall submit to the superintendent written documentation of the following:

1. Inspection by the authority that has jurisdiction that each building is in compliance with applicable building and fire codes or that the authority has approved a plan of correction for areas of noncompliance; and

2. Inspection from the local health department that each building is in compliance with applicable health codes with regard to water supply, sewage disposal system, and food service, if applicable, or a plan of correction approved by the local health department for areas of noncompliance.

B. A building that is currently approved for school occupancy and houses a public or private school during the school year shall be considered to have met the requirements of subdivision A 1 of this section when housing a center only serving children two and a half years of age or older.

C. Asbestos.

1. For buildings built before 1978, the center shall submit the following before the initial license is issued:

a. A written statement from a person licensed in Virginia as an asbestos inspector and management planner as required by § 22.1-289.052 of the Code of Virginia and the requirements of the Asbestos Hazard Emergency Response Act (15 USC § 2641 et seq.); and

b. A written statement that the response actions to abate risks to human health have been or will be initiated in accordance with a specific schedule and plan as recommended by the asbestos management planner in accordance with § 22.1-289.052 of the Code of Virginia.

2. If the asbestos inspector determines that there is asbestos on the premises, the center shall post a notice that (i) identifies the presence and location of asbestos containing materials and (ii) advises that the asbestos inspection report and management plan are available for review.

D. Lead.

1. For buildings built before 1978, the center shall submit the following before the initial license is issued:

a. A written statement from a person licensed in Virginia as a lead risk assessor who meets the requirements of § 54.1-500 of the Code of Virginia; and

b. A written lead risk assessment shall state that either (i) no lead was detected, (ii) lead was detected and response actions to abate risks to human health have been completed, or (iii) lead was detected and response actions to abate risks to human health have been recommended in accordance with a specified schedule.

2. A notice regarding the presence and location of lead containing materials advising that the lead inspection report and management plan are available for review shall be posted.

3. The provisions of this subsection do not apply to centers licensed before (insert the effective date of this chapter).

E. The provisions of subsections C and D of this section do not apply to centers located in buildings required to be inspected according to Article 5 (§ 2.2-1162 et seq.) of Chapter 11 of Title 2.2 of the Code of Virginia.

F. Before the first license is issued, primitive camps shall (i) notify the responsible fire department and emergency medical service of the primitive camp location and hours of operation and (ii) maintain documentation of the notifications.

8VAC20-781-200. Annual and renewal approval from other agencies; requirements after initial licensure.

A. Before use of newly constructed, renovated, remodeled, or altered buildings or sections of buildings, the center shall submit to the superintendent written documentation of the following:

1. Inspection by the authority that has jurisdiction that each building is in compliance with applicable building and fire codes or that the authority has approved a plan of correction for areas of noncompliance; and

2. Inspection from the local health department that each building is in compliance with applicable health codes with regard to water supply, sewage disposal system, and food service, if applicable, or a plan of correction approved by the local health department for areas of noncompliance.

B. A building that is currently approved for school occupancy and houses a public or private school during the school year shall be considered to have met the requirements of subdivision A 1 of this section when housing a center only serving children two and a half years of age or older.

C. The center shall provide to the superintendent an annual fire inspection report from the appropriate fire official that has jurisdiction.

D. If a center is located in a building currently housing a public or private school, the center shall provide the school's annual fire inspection report.

E. The center shall provide to the superintendent an annual inspection from the local health department that each building is in compliance with applicable health codes with regard to water supply, sewage disposal system, and food service, if applicable, or a plan of correction approved by the local health department for areas of noncompliance.

F. If a center is using a building where asbestos containing materials were detected and not removed, the center shall follow the recommendations of the management plan and ensure the following:

1. A signed, written statement that the center is following the recommendations of the management plan shall be submitted to the superintendent before a license is issued.

2. The notice regarding the presence and location of asbestos containing materials and advising that the asbestos inspection report and management plan are available for review shall continue to be posted.

3. The provisions of this subsection do not apply to child day centers located in buildings required to be inspected according to Article 5 (§ 2.2-1162 et seq.) of Chapter 11 of Title 2.2 of the Code of Virginia.

G. Primitive camps shall (i) notify the responsible fire department and the responsible emergency medical service of changes in the primitive camp location and hours of operation and (ii) maintain documentation of the notifications.

H. For those buildings built before 1978 where lead is detected and not removed:

1. A signed, written statement that the center is following the recommendations of the management plan shall be submitted to the department before a license is issued.

2. A notice regarding the presence and location of lead advising that the lead inspection report and management plan are available for review shall continue to be posted.

3. The provisions of this subsection do not apply to child day centers located in buildings required to be inspected according to Article 5 (§ 2.2-1162 et seq.) of Chapter 11 of Title 2.2 of the Code of Virginia.

4. The provisions of this subsection do not apply to centers licensed before (insert the effective date of this chapter).

8VAC20-781-210. Building maintenance.

A. The center shall maintain the areas and equipment of the center, inside and outside, in a clean, safe, and operable condition. Unsafe conditions include splintered, cracked, or otherwise deteriorating wood; peeling paint; visible cracks, bending, warping, rusting, or breakage of equipment; loose or unsecured cords within reach of children; and unstable heavy equipment, furniture, or other items that a child could pull down.

B. The licensee shall ensure the following:

1. Hot water accessible to children does not exceed 120°F.

2. The heating system shall (i) be installed to prevent accessibility of the system to children and (ii) have appropriate barriers to prevent children from being burned, shocked, or injured from heating equipment. In addition, proper supervision shall be available to prevent injury.

3. Portable heaters shall only be used to provide or supplement heat if a power failure or similar emergency occurs. The licensee shall ensure that portable heaters are inaccessible to children and have the seal of approval of a nationally recognized testing laboratory or are approved by the state or local fire official. Portable heaters shall not be used within three feet of combustible materials and shall be used in accordance with manufacturer instructions.

4. Portable camping equipment for heating or cooking that is not required to be approved by the building official shall bear the label of a nationally recognized inspection agency and be used in accordance with manufacturer specifications, except for charcoal and wood-burning cooking equipment.

5. Unvented fuel burning heaters are not used when children are in care.

6. Electrical outlets and surge protectors accessible to children who are preschool age and younger are tamper-resistant or have protective covers.

7. Electrical cords are not spliced, deteriorated, or damaged, and unsecured electrical cords are inaccessible to children preschool age and younger.

8. Extension cords have the seal of a nationally recognized testing laboratory, are not overloaded, and are not placed through doorways, under carpeting, or across water source areas.

9. When in use, fans shall be out of reach of children and cords shall be secured.

10. In inside areas occupied by children, the temperature shall be maintained no lower than 68°F.

11. When the temperature of indoor areas occupied by children exceeds 80°F, fans or other cooling systems are used.

12. Safe drinking water is available to children at all times.

13. Equipment shall include (i) outside lighting provided at entrances and exits used by children before sunrise or after sundown and (ii) an in-service telephone or cell phone that is operable and accessible to staff on premises during the center's hours of operation.

14. Hazardous mechanical or electrical equipment are inaccessible to children.

C. Pursuant to § 22.1-289.058 of the Code of Virginia, each building built before 2015 used to operate a licensed child day center shall be equipped with one carbon monoxide detector.

D. Pursuant to § 22.1-289.057 of the Code of Virginia, the license shall:

1. a. Develop and implement a plan to test potable water;

b. Remediate and retest if necessary; and

c. Submit results of initial testing and retesting to the superintendent and the Department of Health’s Office of Drinking Water; or

2. Use for human consumption, as defined by § 32.1-167, bottled water, water coolers, or other similar water source that meets the U.S. Food and Drug Administration (FDA) standards for bottled water. The licensee shall notify the superintendent, the Virginia Department of Health's Office of Drinking Water, and the parent of each child enrolled in the program if the water is not tested or if the program does not remediate when lead is present and instead chooses to use another water source that meets FDA standards for bottled water.

8VAC20-781-220. Hazardous substances and other harmful agents.

A. The licensee shall ensure that hazardous substances and chemicals, including cleaning products, sanitizing agents, pesticides, flammable and explosive materials, and substances labeled as keep out of reach of children, toxic, danger, caution, warning, flammable, harmful if swallowed, causes burns, harmful vapor, or poison are stored in the following manner:

1. Inaccessible to children in a location that is locked. If a key is used, the key shall be inaccessible to children;

2. In the original container or a substitute container with the contents clearly labeled; and

3. In areas physically separate from food and items used for food preparation or food service.

Cleaning supplies to clean and sanitize the diapering area or toilet chairs do not need to be kept locked during diapering or toilet training time if they are inaccessible to children.

B. Items such as cosmetics, personal care items, and air fresheners that are used exclusively by staff or volunteers shall be inaccessible to children but are not required to be locked.

C. The licensee shall ensure that smoking and the use of electronic smoking devices are prohibited in the interior of a center while children are in care, in vehicles when children are being transported, or outdoors in the presence of children.

D. Hazardous items.

1. Empty plastic bags large enough for a child's head to fit inside, disposable gloves, and rubber or latex balloons shall be inaccessible to children younger than three years of age;

2. Items with a diameter of less than 1-1/4 inch and a length of less than 2-1/4 inches shall be inaccessible to children younger than three years of age; and

3. Strings and cords long enough to encircle a child's neck, such as those found on window blinds or drapery cords, shall be inaccessible to children younger than six years of age.

8VAC20-781-230. Areas.

A. Indoor space shall be measured inside wall-to-wall, excluding spaces not routinely used by children. Areas not routinely used for children's activities, such as offices, hallways, restrooms, kitchens, storage rooms, or closets, shall not be calculated as available space.

B. Centers shall have 35 square feet of indoor space available for each child.

C. Licensees that were licensed before (insert the effective date of this regulation) and subsequent licensees that operate in buildings approved before June 1, 2008, shall have 25 square feet of indoor space available for each child 16 months of age and older.

D. The center shall designate a separate space for children who are ill or injured.

E. The licensee shall ensure that space utilized for an outside play area has at least 75 square feet of space per child.

F. For centers licensed for the care of infants or toddlers, at least 25 square feet of the 75 square feet required in subsection E of this section shall be an unpaved surface.

G. Infants and toddlers shall have a separate outdoor play area or shall not occupy the outdoor play area at the same time as preschool and school-age children.

8VAC20-781-240. Toileting areas and furnishings.

A. Centers shall have at least two toilets and two sinks.

B. The licensee shall ensure that each toileting area provided for children:

1. Is within a contained area, readily available, and within the building used by the children. Toilets used by children at primitive camps are not required to be located within the building.

2. Has flushable toilets.

3. Has sinks located near the toilets that are supplied with running water.

4. Is equipped with a lined waste container, soap, toilet paper, and disposable towels or an air dryer within reach of children.

C. Centers shall have at least one toilet and one sink per 20 preschool children and at least one standard-size toilet and one sink per 30 school-age children. When sharing restroom areas with other programs, the children in those programs shall be included in the toilet and sink ratio calculations. The toilet and sink ratio appropriate to the younger age group shall apply. Urinals shall not count for more than 50% of the number of toilets in the toileting area.

D. When child-size toilets, urinals, and low sinks are not available in restrooms used by children of preschool age and younger, one or more platforms or sets of steps shall be provided. Platform steps shall be anchored or broad based to prevent toppling and have a non-slip surface.

E. A toileting area used for school-age children shall have at least one toileting area enclosed.

8VAC20-781-250. Indoor and outdoor play areas and equipment.

A. Outdoor play areas shall be located and designed to protect children from hazards including bodies of water and vehicular traffic.

B. Indoor and outdoor playground and climbing equipment shall be age appropriate for the children using it.

C. For child day centers licensed before (insert the effective date of this regulation), where playground equipment is provided, protective surfacing shall comply with minimum safety standards when tested in accordance with the procedures described in the American Society for Testing and Materials standard F1292-99 as shown in Table 1 (Compressed Loose Fill Synthetic Materials Depth Chart) and Table 2 (Use Zones for Equipment) below and shall be under equipment with moving parts or climbing apparatus to create a use zone free of hazardous obstacles. A use zone shall encompass sufficient area to include the child's trajectory if a fall occurs while the equipment is in use. Where steps are used for accessibility, protective surfacing is not required.

Table 1. Compressed Loose Fill Synthetic Materials Depth Chart
Loose-fill Material Type	Required Depth	Maximum Equipment Fall Height
Engineered wood fiber	6 inches	7 feet
	9 inches	8 feet
Pea gravel	6 inches	4 feet
	9 inches	5 feet
Recycled shredded rubber	6 inches	8 feet
Sand	6 inches	8 feet
Wood chips	6 inches	7 feet
	9 inches	8 feet
Wood mulch	6 inches	7 feet
	9 inches	10 feet
Wood mulch-double shredded	6 inches	6 feet
	9 inches	10 feet

D. Depth requirements in this section are required unless the facility has received documentation of third-party laboratory testing verifying that the type, depth of protective surfacing, or installation process used at the facility complies with the most recent recommendations by the U.S. Consumer Product Safety Commission's (CPSC) Public Playground Safety Handbook.

Table 2. Use Zones for Equipment
Equipment	Use Zone
Stationary Equipment	Six feet on all sides of the equipment.
Slides	Six feet on all sides. The use zone in front of the exit shall be a minimum of 6 feet and at least as long as the slide is high up to a maximum of 8 feet.
Swings	Six feet on each side. Twice the height of the swing beam in the front and back of the swing.

E. For child day centers licensed after (insert the effective date of this regulation) where playground equipment is provided, protective surfacing and use zones shall comply with protective surfacing requirements in the most current U.S. Consumer Product Safety Commission's (CPSC) Public Playground Safety Handbook.

F. Use zones shall be free of obstacles, including containment barriers for protective surfacing, and shall extend a minimum of six feet in all directions from the perimeter of the equipment.

G. Climbing equipment and swings shall not be installed over asphalt or concrete unless the asphalt or concrete is:

1. Covered with a properly installed unitary surfacing material; or

2. Covered with a loose-fill surfacing system (see Table 3). A loose-fill surfacing system shall include the following layers of protection:

a. Immediately over the hard surface there shall be a three- to six-inch base layer of loose-fill gravel for drainage;

b. The next layer shall be a geo-textile cloth;

c. On top of the geo-textile cloth there shall be a loose-fill layer meeting the requirements of Table 1 of this section; and

d. Impact attenuating mats shall be embedded in the top loose-fill layer in high traffic areas. High traffic areas include underneath swings, at slide exits, and other places where displacement is likely.

Table 3. Loose-Fill Surfacing System Requirements for Use Over Asphalt or Concrete

Layer 5: Impact mats- under swings and slide exits

Layer 4: Loose-fill surface material- as required by 8VAC20-781-250 C

Layer 3: Cloth barrier- geo-textile cloth

Layer 2: Drainage layer- three to six inches of gravel

Layer 1: Hard Surface of existing asphalt or concrete

H. Ground supports shall be covered with materials that protect children from injury.

I. Swing seats shall be constructed with flexible material such as rubber, canvas, or nylon.

1. Nonflexible molded swing seats shall only be used in a separate infant or toddler play area.

2. Swings made specifically for a child with a special need is permitted if a staff member is positioned to see and protect other children who might walk into the path of the swing.

3. Multi-axis swings including tire swings (i) shall not use steel belted tires, and (ii) the minimum clearance between the seating surface of the swing and the uprights of the supporting structure shall be 30 inches when the seat is in a position closest to the support structure.

J. Sandboxes shall be covered when not in use.

K. A shady area shall be provided in outdoor play areas during the months of May through September.

L. Play equipment used by children shall meet the following requirements:

1. Openings above the ground or floor that allow a 3 ½ inch by 6 ¼ inch rectangle to fit through shall also allow a nine-inch circle to fit through to prevent entrapment of a child’s body or body part.

2. All hooks, such as S-hooks and C-hooks, shall be properly closed and shall not be open more than 0.04 inches and less than the thickness of a dime; and

3. Have no protrusions, sharp points, shearing points, or pinch points.

M. The maximum fall height of slides and climbing equipment installed before June 1, 2005, and used by toddlers, twos, and preschool children, shall be seven feet high when outdoors, and five feet high when indoors.

N. The maximum fall height of slides and climbing equipment installed after June 1, 2005, and used by toddlers, twos, and preschool children, shall be six feet high when outdoors, and five feet when indoors.

O. Indoor slides and climbing equipment with a fall height over 18 inches shall not be over bare flooring.

P. Indoor slides and climbing equipment with a fall height of 36 inches or more shall be located over protective surfacing.

Q. Slides shall not have spaces or gaps that could trap strings, clothing, or body parts between the platform and the start of the slide chute.

R. Trampolines shall not be used.

S. When inflatable equipment is used, the equipment shall be assembled, maintained, and used in accordance with the manufacturer’s instructions.

T. The requirements of this section shall not prohibit child day programs providing care for preschool or school-age children at a location that is currently approved by the department or recognized as a private school by the State Board of Education for school occupancy and that houses a public or private school during the school year from permitting preschool or school-age children to use outdoor play equipment and areas approved for use by students of the school during school hours.

Part V

Staffing and Supervision

8VAC20-781-260. Supervision of children.

A. The licensee shall ensure that staff provide for the safety of children under the supervision of the center.

B. The licensee shall ensure that staff remain alert to the needs of the children in the care of the center.

C. Whenever a child is in the care of the center, there shall be on the premises at least (i) a lead teacher and (ii) a staff member or volunteer who has received training on how to contact appropriate authorities if an emergency occurs.

D. There shall be at least one staff member who meets the qualifications of a lead teacher in each group of children, except during short breaks and special activities.

E. A lead teacher is not required in each grouping of children during the first and last 90 minutes of operation when a center operates more than eight hours per day and during the designated rest period if the following are met:

1. There is a staff member in the group who is older than 18 years of age and has at least three months of programmatic experience;

2. There is an additional staff member on premises who meets lead teacher qualifications, is not counted in the staff-to-children ratios, and is immediately available to help if needed; and

3. There is a direct means for communicating between these two staff members.

F. For children younger than 10 years of age, the licensee shall ensure sight and sound supervision by staff who are always physically present without separation by a physical barrier, except that staff need only be able to hear a child who is using the restroom, provided that:

1. There is a system to ensure that individuals who are not staff members or persons allowed to pick up a child in care are not present in the restroom area while in use by children;

2. Staff check on a child who has not returned from the restroom after five minutes. Depending on the location and layout of the restroom, staff shall provide intermittent sight supervision of the children in the restroom area during this five-minute period to ensure the safety of children and to provide assistance to children as needed; and

3. Staff can hear or see the children. Video equipment, intercom systems, or other technological devices shall not substitute for staff being able to directly see or hear children.

G. Children 10 years of age and older shall be within sight and sound supervision of staff, except when the following requirements are met:

1. Staff can hear or see the children. Video equipment, intercom systems, or other technological devices shall not substitute for staff being able to directly see or hear children;

2. Staff are nearby to provide immediate intervention if needed;

3. There is a system to ensure that staff know where the children are and what they are doing;

4. There is a system to ensure that individuals who are not staff members or persons allowed to pick up children in care are not present in the areas where children are not under sight supervision; and

5. Staff provide sight and sound supervision of the children at variable and unpredictable intervals not to exceed 15 minutes.

H. When the outdoor activity area is not adjacent to the center, there shall be at least two staff members on the outdoor activity area whenever one or more children are present.

8VAC20-781-270. Staff-to-children ratio and group size requirements.

A. The maximum group size limitations specified in Table 1 shall be followed whenever children are in care.

Table 1. Maximum Group Size Requirements
	Age	Maximum Group Size
1.	Birth to 16 months	12
2.	16 months to 24 months	15
3.	2 years of age	24
4.	3 years of age to school-age eligibility	30
5.	School-age eligible through 12 years of age	100

B. The staff-to-children ratios specified in Table 2 are required whenever children are in care.

Table 2. Ratio Requirements
	Age	Ratio (staff:children)
1.	Birth to 16 months	1:4
2.	16 months to 24 months	1:5
3.	2 years of age	1:8
4.	3 years of age to school-age eligibility	1:10
5.	School-age eligible through 12 years of age	1:20

C. In accordance with Part V (8VAC20-820-220 et seq.) of 8VAC20-820 and with approval by the superintendent, a center may temporarily alter the staff-to-child ratios (i) by one child for groups of children from birth to school-age eligibility and (ii) by two children for groups of children school-age eligible through 12 years of age. Under this provision, group sizes three times the approved ratios may be implemented for children from birth to school-age eligibility. Group size for school-age children shall meet the requirements in subsection A of this section.

D. When a group includes children from different age groups, the age of the youngest child in the group shall be used to determine the staff-to-children ratio and group size for that group.

E. Group size limitations shall not apply during the following:

1. Designated rest periods as described in 8VAC20-781-280 and 8VAC20-781-290;

2. Outdoor activity as described in 8VAC20-781-320, 8VAC20-781-340, and 8VAC20-781-350;

3. Transportation and field trips as described in 8VAC20-781-630 and 8VAC20-781-640;

4. Meals and snacks served as described in 8VAC20-781-610; or

5. Special group activities, or during the first and last hour of operation when the center operates more than six hours per day.

F. Staff shall be counted in the required staff-to-children ratios only when they are directly supervising children.

G. A child volunteer 13 years of age or older not enrolled in the program shall not be counted as a child in the staff-to-children ratio requirements.

H. With a parent's written permission and a written assessment by the director and lead teacher, a center may choose to assign a child to a different age group if the age group is more appropriate for the child's developmental level and the staff-to-children ratio and group size shall be for the established age group. These assignments are intended to be a permanent new group and staff members for the child until it is determined the child's developmental level indicates a new assignment.

8VAC20-781-280. Ratios and group size for a balanced mixed-age grouping.

A. The ratio for a classroom of a balanced mixed-age grouping of children preschool to six years of age shall be one staff member for every 14 children, provided:

1. The center has additional staff who are readily accessible if there is an emergency to maintain a ratio of one staff member for every 10 children when children three years of age are included in the balanced mixed-age group; and

2. The lead teacher has received at least eight hours of training in classroom management of a balanced mixed-age grouping.

B. The staff-to-children ratio for a balanced mixed-age grouping during rest time shall be one staff member for every 28 children and the requirements 8VAC20-781-290 B, C, and D shall be met.

C. A maximum group size of 28 shall be followed whenever children in care are in a balanced mixed-age grouping.

8VAC20-781-290. Ratios during designated rest periods.

A. For children 16 months of age through preschool age, during the designated rest period, when children are resting or in an inactive state, the following rest period ratios are permitted if the requirements of subsections B, C, and D of this section are met:

1. Children 16 to 24 months of age: one staff member per 10 children.

2. Children two years of age: one staff member per 16 children.

3. Children of preschool age: one staff member per 20 children.

B. In addition to the staff required by rest period ratios, an additional staff member shall always be available on site to offer immediate assistance. The staff required by rest period ratios shall be able to summon the additional staff member without leaving the room or area of the sleeping or resting children.

C. Once at least half of the children in the resting room or area are awake and off their mats or cots, the staff-to-children ratio shall meet the ratios as required in 8VAC20-781-270 and 8VAC20-781-280.

D. The licensee shall ensure that one staff member shall not supervise more than one room or area during rest time.

E. Centers providing evening and overnight care shall meet the requirements of subsections A through D of this section during sleep periods.

8VAC20-781-300. Ratios and supervision during transportation and field trips.

A. The staff-to-children ratios of 8VAC20-781-270 and 8VAC20-781-280 A shall be followed on all field trips.

B. The staff-to-children ratio need not apply during transportation of school-age children to and from the center.

C. One staff member or adult is necessary in addition to the driver when 16 or more preschool age or younger children are being transported in the vehicle.

Part VI

Program Requirements and Equipment

8VAC20-781-310. Daily activities.

A. The center shall provide a variety of daily activities for all age groups that are age and stage appropriate and based on the physical, social, emotional, and intellectual needs of the children.

B. The center shall provide opportunities for staff-directed and self-directed activities, a balance of active and quiet activities, active outdoor play, and individual and group activities.

C. If the center uses media such as television, videos, video games, software, and computers, the following shall apply:

1. For infants, the use of visual media is prohibited.

2. For toddlers, media use up to two hours per day is permitted if the center operates more than six hours per day.

3. For children two years of age and older, no more than a total of two hours per day is permitted when content is not based on curriculum or educational content.

4. All media provided by the center shall be limited to age-appropriate programs and meet all the requirements in subsection A of this section.

D. Requirements in subdivision C 3 of this section do not apply to school-age children who attend educational programming that incorporates technology into curriculum learning activities.

E. Children shall be allowed to sleep or rest as individually needed.

8VAC20-781-320. Daily care and activities for infants.

A. The center shall post a flexible daily schedule for infants based on individual needs and the requirements of 8VAC20-781-310 B.

B. During the day, the licensee shall ensure that infants are provided with the following:

1. Food as specified in 8VAC20-781-610 and 8VAC20-781-620;

2. Outdoor time, unless weather or the Air Quality Color Code Chart as provided by the Department of Environmental Quality states that outdoor conditions are hazardous;

3. Comfort, as needed;

4. Stimulation and language development activities, including staff reading, talking to, showing pictures to, naming objects for, playing with, and engaging in positive interactions (e.g., smiling, cuddling, and making eye contact) with infants;

5. A variety of play spaces that offer:

a. Room for extensive movement (i.e., rolling, crawling, or walking) and exploration;

b. A diversity of sensory and perceptual experiences; and

c. Equipment and toys that support large and small motor development.

6. Frequent opportunities for infants to creep, crawl, toddle, and walk; and

7. Protection from older children.

C. The licensee shall ensure that staff respond promptly to infants who are crying or distraught.

D. The licensee shall ensure that, for an infant playing on the floor or ground who cannot move without help, staff ensure that the infant's position and the selection of toys accessible to the infant changes every 30 minutes or more often based on the infant's needs.

E. The licensee shall ensure that staff shall not confine infants who are awake and not actively eating in one piece of equipment, including swings, highchairs, cribs, play pens, or other similar pieces of equipment, for more than 30 consecutive minutes. Except when eating, the intervening time between confinements shall be at least 30 minutes.

F. The licensee shall ensure that for infants who are awake and unable to turn over alone, staff shall make a minimum of two attempts at supervised tummy time throughout the day.

G. The licensee shall ensure that infant car seats are only used for child transportation.

H. The licensee shall ensure that cribs are only used for rest and sleep.

8VAC20-781-330. Resting and sleeping infants.

A. The licensee shall ensure that staff allow infants to follow individual patterns of sleeping and eating.

B. The licensee shall ensure that staff place infants in cribs on their backs (i.e., supine) rather than on their bellies (i.e., prone), unless otherwise ordered by a written, signed statement by the child's physician or physician's designee.

C. The licensee shall ensure that when an infant is able to turn supine to the prone, staff place the infant supine but allow the infant to adopt the infant's preferred position unless otherwise directed in a written, signed statement by the child’s physician or physician's designee.

D. The licensee shall ensure that staff shall not use sleep-adaptive equipment unless otherwise directed in a written, signed statement by the child's physician or physician's designee.

E. The licensee shall ensure that each resting or sleeping infant is individually checked for breathing, the color of the infant's skin, signs of distress, and to ensure safe sleep conditions are still met every 15 to 20 minutes.

F. The licensee shall ensure that staff shall move an infant who falls asleep outside of the crib to the infant's assigned crib as soon as possible.

G. The licensee shall ensure that staff ensure that items that could restrict infant movement or breathing (e.g., swaddling, weighted blankets, bibs, necklaces, or garments with ties or hoods) or cover the infant's head or face are not included in the crib with sleeping infants.

8VAC20-781-340. Daily care and activities for toddlers, twos, and preschoolers.

A. The center shall develop, follow, and post a daily schedule that allows for flexibility as children's needs require and that meets the requirements of 8VAC20-781-310 B. The daily schedule need not apply on days occupied a majority of the time by a field trip or other special event. The outdoor activity time need not apply when the weather or the Air Quality Color Code Chart as provided by the Department of Environmental Quality states that outdoor conditions are hazardous. The daily schedule shall include opportunities for:

1. Outdoor activity for at least:

a. Fifteen minutes per day or session if the center operates up to three hours per day or session;

b. Thirty minutes per day or session if the center operates between three and five hours per day or session; or

c. One hour per day or session if the center operates more than five hours per day or session.

2. Sleep or rest. Centers operating five or more hours per day shall have a designated rest period for at least one hour but no more than two hours.

3. Meals and snacks as specified in 8VAC20-781-610.

4. Small and large motor activities, language and communication experiences, sensory experiences, art, or music activities, and play acting or social living.

B. After the first 30 minutes of a rest period, children not sleeping shall be permitted to engage in quiet activities.

C. A child who falls asleep in a place other than the child's designated sleeping location may remain in that space if comfortable and safe.

D. The licensee shall ensure that each sleeping toddler is individually checked for breathing, the color of the toddler's skin, signs of distress, and to ensure safe sleep conditions are still met every 30 minutes.

E. The licensee shall ensure that staff do not confine children who are awake and not actively eating in one piece of equipment, including swings, highchairs, cribs, play pens, or other similar pieces of equipment, for more than 30 consecutive minutes. Except when eating, the intervening time between confinements shall be at least one hour.

8VAC20-781-350. Daily care and activities for school-age children.

A. The center shall develop, follow, and post a daily schedule for school-age children that allows for flexibility based on individual needs and the requirements of 8VAC20-781-310 B. This schedule need not apply on field trip days or special events. The outdoor activity time need not apply when the weather or the Air Quality Color Code Chart as provided by the Department of Environmental Quality states that outdoor conditions are hazardous.

B. Before or after school, the center shall provide an opportunity for children to do homework, projects, hobbies, small motor activities, art activities, or music activities in a suitable area. In the afternoon, there shall be an opportunity for large motor activities at least 25% of the time.

C. On non-school days, the center shall provide opportunities for (i) large motor activities at least 25% of the time; (ii) small motor activities; (iii) projects, hobbies, or homework in a suitable place; (iv) art or music activities; (v) outdoor activity for at least one hour per day; and (vi) food as specified in 8VAC20-781-610.

8VAC20-781-360. Daily care and activities for children with special needs.

A. The center shall work with the parent and the staff assigned to the child to develop a plan to ensure that a child with special needs receives care and activity opportunities appropriate to the child's individual needs, including specific care and activities recommended by a professional. The plan shall be documented and maintained in the child's record and updated annually or more frequently, as necessary.

B. For a child who cannot move without assistance, staff shall change the place and position of the child at least every 30 minutes or according to the child's needs.

8VAC20-781-370. Behavioral guidance.

A. The center shall use positive methods of guiding behavior.

B. When a child is in the care of the center, the licensee shall ensure that staff interact with children and one another to provide needed help, comfort, support and:

1. Respect personal privacy;

2. Respect differences in cultural, ethnic, religious, and family backgrounds;

3. Encourage decision-making abilities;

4. Promote ways of getting along;

5. Encourage independence and self-direction; and

6. Use consistency in applying expectations.

C. The licensee shall ensure that behavioral guidance is constructive in nature, age and stage appropriate, and is intended to redirect children to appropriate behavior and resolve conflicts.

D. If time-out is used as a behavior guidance technique:

1. It shall be used sparingly and shall not exceed one minute for each year of the child's age;

2. It shall be appropriate to the child's developmental level and individual needs;

3. It shall not be used with infants or toddlers;

4. The child shall be in a safe, lighted, well-ventilated place, and within sight and sound of a staff member; and

5. The child shall not be left alone inside or outside the center.

8VAC20-781-380. Prohibited actions.

The following actions or threats are prohibited:

1. Physical punishment;

2. Striking a child, roughly handling or shaking a child, biting, pinching, restricting movement through binding or tying, forcing a child to assume an uncomfortable position, forced exercise, or action taken to cause pain or discomfort;

3. Enclosure in a small, confined space or a space that the child cannot freely exit; however, this does not apply to the use of equipment such as cribs, play yards, highchairs, and safety gates when used with children preschool age or younger for the intended purpose;

4. Permitting a child to discipline or punish other children;

5. Punitive separation from the group so that the child is away from the hearing and vision of a staff member;

6. Withholding or forcing of food, water, or rest;

7. Verbal remarks that are demeaning to the child or psychological punishment, including ridicule or humiliation;

8. Punishment for toileting accidents or withholding opportunities for toileting;

9. Punishment by applying unpleasant or harmful substances; and

10. Withholding outside activity time as punishment.

8VAC20-781-390. Parental engagement.

Before the child's first day of attending, parents shall be notified about how to access the following:

1. The center's philosophy and if applicable, religious affiliation;

2. Operating information, including the hours and days of operation and holidays or other times closed, and the contact information to communicate with staff;

3. Description of established lines of authority for staff;

4. A custodial parent's right to be admitted to the center as required by § 22.1-289.054 of the Code of Virginia;

5. The appropriate general daily schedule for the age of the enrolling child;

6. How the center will notify parents of emergency situations and send parent communication and notifications as required by 8VAC20-781-400;

7. The following information from the center's emergency procedures:

a. The relocation site;

b. Method of communication with parents and emergency responders; and

c. Procedure to reunite children with a parent or authorized person designated by the parent;

8. The center's transportation policy;

9. The center's policies for the arrival and departure of children, including procedures for verifying that only persons authorized by the parent are allowed to pick up the child, picking up children after closing, and when a child is not picked up for emergency situations, including inclement weather or natural or man-made disasters;

10. The center's policy regarding medication or medical procedures that will be given;

11. The center's policy regarding application of topical skin products;

12. The center's policy for reporting suspected child abuse and neglect as required by § 63.2-1509 of the Code of Virginia;

13. The center's food policies;

14. Discipline policies, including acceptable and unacceptable discipline measures; and

15. Termination policies.

8VAC20-781-400. Parent communication and notification.

A. The center shall inform parents when a pattern of behavioral problems emerges or persists. Notification shall include actions taken in response.

B. The center shall maintain a written record and provide parents with a written report of each injury involving their child on the day of occurrence. The written report shall protect the confidentiality of other children involved, and shall include:

1. Date and time of incident or injury;

2. Child's name;

3. Type and circumstance of incident or injury;

4. Staff present and actions taken or treatment offered;

5. Date, time, and method used to notify parents;

6. Staff and parent signatures or two staff signatures; and

7. Future action to prevent reoccurrence.

C. The center shall notify the parent immediately and provide written documentation pursuant to subsection B of this section if the following incidents occur:

1. The child sustains an injury that may reasonably require medical or dental treatment.

2. The child has an adverse reaction to an administered medication or topical skin product, a medication error has occurred, or the center has administered an emergency medication.

3. The child has a confirmed or suspected allergic reaction or has ingested food identified in the written care plan required in 8VAC20-781-50 B 6 even if a reaction did not occur.

4. A situation in which the child's whereabouts is or was unknown, including a lost or missing child, a child left unattended in a vehicle or on the playground, or a child who wandered away unattended from the facility or assigned group.

D. When a child has been exposed to a communicable disease listed in the Virginia Department of Health's current communicable disease chart, the parents shall be notified within 24 hours or the next business day of the center's having been informed unless forbidden by law, except for life threatening diseases, which shall be reported to parents immediately.

E. Parents shall be informed in writing of a change to the center’s relocation site, the communication plan, and the reunification plan.

F. If an emergency evacuation or relocation is necessary, the parent shall be informed of the child's whereabouts as soon as possible as stated in the center’s emergency preparedness and response plan.

G. For each infant, the center shall maintain a daily record that can be easily accessed by both the parent and the staff working with the child. The record shall contain the following information:

1. The amount of time the infant slept;

2. The amount of food consumed and the time;

3. Record of diaper changes and the application of diaper ointment;

4. A description and time of bowel movements;

5. Developmental milestones and daily activities; and

6. For infants who are awake and cannot turn over by themselves, the number of attempts at tummy time.

H. Parents shall be informed of reasons for termination of services.

I. The center shall provide to parents of children at least semiannually or more frequently if needed:

1. Written information about the child's development and needs; and

2. Scheduled opportunities for parents to provide feedback on the child. This opportunity to provide feedback shall be documented.

J. Information on a child required by subsection I of this section shared between the child's parents and the center shall be documented in the child's record.

K. Requirements in subsection I of this section shall not apply to school-age children and children participating in short-term programs as defined in 8VAC20-781-10.

8VAC20-781-410. Parental agreements.

A written agreement between the parent and the center shall be in each child's record by the first day of the child's attendance. The agreement shall be signed by the parent and include:

1. An authorization for emergency medical care should an emergency occur when the parent cannot be located immediately, unless the parent states in writing an objection to the provision of emergency medical care on religious or other grounds;

2. A statement that the center will notify the parent when the child becomes ill and that the parent will arrange to have the child picked up as soon as possible if requested by the center;

3. A statement that the parent will inform the center within 24 hours or the next business day after his child or a member of the immediate household has developed a reportable communicable disease, as defined by the State Board of Health, except for life threatening diseases, which shall be reported immediately; and

4. Authorization for the center to transport the child if an emergency occurs, including needing medical care or facility relocation.

8VAC20-781-420. Play furnishings, equipment, materials, and toys.

A. Furnishings, equipment, and materials shall be (i) of an appropriate size for the child using the item and (ii) used in accordance with manufacturer instructions.

B. Materials and equipment shall be available, shall be age and stage appropriate for the children, and shall include an adequate supply, as appropriate for each age group, of arts and crafts materials, texture materials, construction materials, music and sound materials, books, social living equipment, and manipulative equipment.

1. Equipment used for play with a diameter of less than 1-1/4 inch and a length of less than 2-1/4 inches shall be inaccessible to children younger than three years of age; and

2. Toys and equipment with cords and strings shall only be accessible to children two years of age and older.

C. Washable toys and materials used by infants shall be cleaned and sanitized daily, or more often if necessary.

D. The following cloth items provided by the center shall be washable: stuffed animals, cloth dolls, and dress-up clothes. Floor pillows shall be washable or have removable covers that are machine washable. When used by children, the center shall wash stuffed animals, cloth dolls, dress-up clothes, and pillows or removable covers at least once a week or when soiled.

E. If water play tables or tubs are used, they shall be cleaned and sanitized daily.

F. If combs, toothbrushes, or other personal articles are used, they shall be individually assigned.

G. Disposable products not used for play, learning, or craft activities shall be used once and discarded.

H. Provision shall be made for an individual place for each child's personal belongings.

I. Infant walkers shall not be used.

J. Play yards where used shall:

1. Meet the current Juvenile Products Manufacturers Association (JPMA) and the American Society for Testing and Materials (ASTM) requirements and shall retain the manufacturer label documenting product compliance with current safety standards at the time the play yard was manufactured;

2. Not use pillows or filled comforters;

3. Not be used for the designated sleeping area;

4. Not be occupied by more than one child; and

5. Be sanitized each day of use or more often as needed.

K. The licensee shall register to receive free recall alerts from the U.S. Consumer Product Safety Commission and shall remove all recalled items from the center.

L. Portable water coolers shall be cleaned daily when in use, kept securely closed, and designed so that water may be withdrawn from the container only by tap.

8VAC20-781-430. Cribs, cots, rest mats, and beds.

A. Cribs, cots, rest mats, or beds shall be provided for children during the designated rest period and not be occupied by more than one child at a time.

B. Cribs shall not be used as a play space.

C. Cribs, cots, rest mats, and beds shall be identified for use by a specific child.

D. Double-decker cribs, cots, beds, or other sleeping equipment, when stacked, shall not be permitted to be used for children.

E. Occupied cribs, cots, rest mats, and beds shall be at least 2-1/2 feet from heat-producing appliances.

F. There shall be at least 12 inches of space between occupied cots, beds, and rest mats.

G. Twelve inches of space is not required where cots, beds, or rest mats are located adjacent to a wall or a divider if one side is open at all times to allow for passage.

H. Mattresses, cots, or rest mats shall be (i) nonabsorbent or covered with a waterproof material and (ii) sanitized on all sides weekly or before use by another child.

I. Rest mats shall have at least one inch of cushioning.

J. Cribs shall be used for children under 12 months of age.

K. Cribs shall meet the following requirements:

1. Meet the current Consumer Product Safety Commission Standards at the time the crib was manufactured;

2. Have no more than one inch between the mattress and the crib; and

3. Not have mesh sides.

L. Cribs shall be placed where objects outside the crib, such as cords from blinds or curtains, are not within reach of children in cribs.

M. There shall be at least:

1. Twelve inches of space between the sides and ends of occupied cribs, except where the crib touches the wall or solid barrier; and

2. Thirty inches of space between service sides of occupied cribs and other furniture where that space is the walkway for staff to gain access to occupied cribs.

N. If cribs with a swing-down safety gate on one side for easy access to a child are used, the hinged safety gates shall be up and the fastenings secured when a child is in the crib, except when a staff member is giving the child immediate attention.

O. No soft objects or loose bedding, including pillows, blankets, quilts, comforters, sheepskins, bumper pads, or stuffed toys, shall be used with infants under 12 months of age when sleeping or resting.

P. Toys or objects hung over an infant in a crib and crib gyms that are strung across the crib shall be out of reach of the infant and shall not be used for infants over five months of age or infants who are able to push up on their hands and knees.

8VAC20-781-440. Linens.

A. Cribs, when being used by infants, shall only have a tight-fitted bottom cover that does not make the mattress buckle or bend.

B. Cribs, cots, mats, and beds used by children other than infants during the designated rest period or during evening and overnight care shall have linens consisting of a top cover and a bottom cover or a one-piece covering that is open on three edges.

C. Linens and pillows used by children shall be (i) assigned for individual use and (ii) stored separately from the linens and pillows of other children.

D. Linens and pillows shall be changed when wet, soiled, or dirty and linens shall be washed at least weekly.

E. Pillows, when used, shall be covered with pillowcases.

8VAC20-781-450. Swimming and wading.

A. The center shall post written safety rules for swimming or wading in the swimming area when the pool is located on the premises of the center.

B. The center shall follow posted rules of public swimming areas when swimming activities are located off site.

C. Safety rules for swimming or wading shall be explained to children participating in swimming or wading activities.

D. Before a child is able to participate in swimming or wading activities, and annually thereafter, the center shall obtain (i) written permission from the parent of each child who participates in swimming or wading and (ii) a written assessment from a certified lifeguard or a written statement from the parent to identify if the child is a swimmer or nonswimmer before the child is allowed in water with a depth of more than two feet.

E. The licensee shall ensure that staff maintain active supervision when a child is in or around water by staff designated to supervise children in the water. Notwithstanding ratio requirements in 8VAC20-781-270 and 8VAC20-781-280 A, these staff shall only be responsible for the supervision of children participating in the water activity and additional staff shall be available to supervise children not participating.

F. The licensee shall ensure that staff have a system for accounting at all times for all children in the water and in the aquatic area.

G. The staff-to-children ratios required by 8VAC20-781-270 and 8VAC20-781-280 A shall be maintained while children are participating in swimming or wading activities. Notwithstanding the staff-to-children ratios already stated, at no time shall there be fewer than two staff members supervising the group.

H. If a pool, lake, or other swimming area has a water depth of more than two feet, a certified lifeguard holding a current certification shall be on duty supervising whenever a child is participating in swimming or wading activities.

1. One lifeguard for every 25 children in the water shall be on duty and supervising the children.

2. The designated certified lifeguard shall not be counted in the staff-to-children ratios.

3. The lifeguard certification shall (i) include an in-person competency demonstration and (ii) be obtained from an individual or organization holding instructor certification from an organization such as the American Red Cross.

I. Outdoor swimming activities shall occur only during daylight hours unless underwater and deck lighting is provided.

8VAC20-781-460. Pools and equipment.

A. When permanent swimming or wading pools are located on the premises of the center, the following shall apply:

1. The manufacturer specifications for operating the pool and applicable local ordinances and Virginia Department of Health requirements for swimming pools shall be followed;

2. Pools constructed, renovated, or remodeled after April 1, 1986, shall have a statement in writing of inspection and approval from the local building official when approval is required;

3. Outdoor swimming pools shall be enclosed by safety fences and gates that are in compliance with the applicable edition of the Virginia Uniform Statewide Building Code (13VAC5-63) and shall be kept locked when the pool is not in use;

4. Entrances to indoor swimming pools shall be locked when the pool is not in use; and

5. A whistle or other audible signaling device, a buoy or a lemon line, a reach pole, and a backboard shall be available at the swimming or wading site.

B. If children are allowed to swim in a lake or place other than a pool, safe swimming areas shall be clearly marked and there shall be appropriate water safety equipment.

C. Piers, floats, and platforms shall be in good repair and, where used for diving, the minimum water depth shall be stated on the deck or planking.

D. After use by a group of children, or more frequently as necessary, portable wading pools without an integrated filtration system shall be emptied, rinsed, and filled with fresh water.

E. After each day's use, portable wading pools shall be emptied, sanitized, and stored in a position to keep them clean and dry.

F. Children who are not toilet trained shall not use portable wading pools without an integrated filtration system.

Part VII

Preventing the Spread of Disease and Infection Control

8VAC20-781-470. Preventing the spread of disease.

A. Unless otherwise approved by a child's health care professional, a child shall be excluded from the center if the child has:

1. A fever, which means an oral or axillary temperature at or above 100.4°F;

2. Recurring vomiting or diarrhea not associated with diet change or medication; or

3. Symptoms of a communicable disease listed in the Virginia Department of Health's current communicable disease chart.

B. If a child needs to be excluded according to subsection A of this section, the following shall apply:

1. The center shall contact the parents or designated emergency contact immediately so that arrangements can be made to remove the child from the center as soon as possible; and

2. The child shall remain in a designated area as required by 8VAC20-781-230 D. The licensee shall ensure that the child is within sight and sound of a staff member at all times and shall ensure that staff respond to the needs of the child.

C. When a surface has been contaminated with body fluids, it shall be cleaned and sanitized immediately or restricted from use until cleaned and sanitized.

D. When a child's clothing has been contaminated with body fluids, it shall be separated, stored, and sealed in a leakproof storage bag until returned to the child's parent.

8VAC20-781-480. Hand washing.

A. The licensee shall ensure that staff ensure children's hands are washed with soap and running water:

1. After diapering or toileting;

2. After contact with body fluids;

3. After coming in from outdoors;

4. After handling or caring for animals;

5. Before and after playing with water used by more than one child;

6. When the child's hands are visibly dirty; and

7. Before eating.

B. The licensee shall ensure that children's hands are washed with soap and running water or disposable wipes after eating.

C. Until an infant is old enough to be safely raised to the sink and reach for the water, the infant's hands may be washed using disposable wipes.

D. The licensee shall ensure that staff wash their hands with soap and running water:

1. Before and after:

a. Helping a child use the toilet;

b. A diaper change;

c. Feeding or helping children with feeding;

d. Preparing or serving food or beverages; and

e. Administering medication or topical skin products when there is direct contact with the medication or product.

2. After:

a. Using the toilet;

b. Contact with body fluids;

c. Eating;

d. Handling garbage or cleaning materials;

e. Coming in from outdoors; and

f. Handling or caring for animals.

E. The licensee shall ensure that staff wash their hands with soap and running water when entering the facility before working with children and when hands are visibly dirty.

F. If running water is not available, a germicidal cleansing agent administered per manufacturer instruction may be used.

8VAC20-781-490. Diapering and toileting.

A. The diapering area shall be accessible and within the building used by children.

B. There shall be sight and sound supervision for all children when a child is being diapered.

C. The licensee shall ensure that staff do not leave a child unattended on the diapering surface.

D. The diapering area shall have the following:

1. A sink with running water not to exceed 120°F;

2. Soap, disposable towels, and single use gloves such as surgical or examination gloves;

3. A nonabsorbent surface for diapering or changing shall be used. For children younger than three years of age, this surface shall be a changing table or countertop designated for changing unless otherwise specified in this subsection; and

4. The appropriate disposal containers as required by this section.

E. When a child's clothing, diaper, or disposable training pants becomes wet or soiled, the child shall be wiped clean and changed immediately.

F. Staff shall check diapers and disposable training pants at least once every two hours.

G. Disposable diapers and disposable training pants shall be disposed in a covered leakproof or plastic-lined storage system that is either foot-operated or used in a way that the staff member's hand and the soiled diaper do not touch an exterior surface of the storage system during disposal.

H. When cloth diapers are used, a separate covered leakproof storage system as specified in subsection G of this section shall be used for each individual child.

I. Diapers, disposable training pants, or underwear of children who are toilet training may be changed in the bathroom and not on the diapering surface required in subdivision D 3 of this section, but the required procedures for handwashing in 8VAC20-781-480 and disposal of diapers or disposable training pants in subsections G and H of this section shall be followed.

J. The diapering surface shall (i) not be used for storage, (ii) be used only for diapering or wiping children clean, and (iii) be cleaned and sanitized after each use. Tables used for children's activities or meals shall not be used for changing diapers.

K. Staff shall ensure the immediate safety of a child during diapering.

8VAC20-781-500. Toilet training.

For every 10 children in the process of being toilet trained, there shall be at least one toilet chair or one child-sized toilet or at least one adult-sized toilet with a platform or steps and adapter seat.

1. The location of these items shall allow for sight and sound supervision of children in the classroom if necessary for the required staff-to-children ratios to be maintained.

2. Toilet chairs shall be emptied promptly and cleaned and sanitized after each use and located on non-carpeted areas when used.

Part VIII

Medication Administration and Topical Skin Products

8VAC20-781-510. Requirements for medication administration.

A. The decision to administer medicines at a facility may be limited by center policy to administer: (i) prescribed medications, (ii) nonprescription medications, or (iii) only those medications required for emergencies or by law.

B. Written parental authorization for medication shall be obtained before a medication is accepted, maintained, or stored at the center.

C. Medications accepted, maintained, or stored at the center shall (i) be labeled with the child's name and (ii) not be kept or used beyond the date of expiration or use by date on the medication container.

D. For a child for whom emergency medication, such as albuterol, glucagon, or epinephrine auto-injector, has been provided to the center by the parent, there shall always be a staff member who is immediately accessible and available and meets the requirements listed in 8VAC20-781-170.

E. Prescription and nonprescription medication shall be given to a child only with written authorization from the parent that has not expired. Medication shall be administered by a staff member who is 18 years of age or older.

F. The licensee shall ensure that written authorization from the child's parent for medication is only valid for 10 business days unless written authorization from the child's physician is on file.

G. Long-term prescription and nonprescription drug administration shall be allowed only with written authorization from the child's physician and parent and shall be renewed based on instructions from the child's physician.

H. Medication authorization shall be available to staff during the entire time it is effective.

I. When an authorization for medication expires, the center shall notify the parent with the intent to safely return the medication to the parent or receive an updated authorization form. If a parent has been non-responsive and has not retrieved the medication, the center shall safely dispose of the medication, but no later than 30 calendar days after the expiration date of the authorization. The expired medication authorization form shall be kept with the medication until the center can safely return the medication to the parent or dispose of the medication.

J. Undesignated or stock epinephrine kept at the center pursuant to § 22.1-289.059 shall be labeled with the name of the medication and the dosage amount.

8VAC20-781-520. Prescription medication.

The center may administer prescription medication, provided that:

1. The medication is administered by a staff member who meets the requirements in 8VAC20-781-170;

2. The center administers only those drugs that are dispensed from a pharmacy or health care provider and maintained in the original, labeled container; and

3. The center administers medications only to the child identified on the prescription label in accordance with the prescriber's instructions pertaining to dosage, frequency, and route of administration.

8VAC20-781-530. Non-prescription medication.

The center may administer nonprescription medication, provided the medication is:

1. Administered by a staff member who meets the requirements in 8VAC20-781-170;

2. Labeled with the child's name, the name of the medication, the dosage amount, and the times to be given;

3. In the original container with the manufacturer's direction label attached; and

4. Given only as specified on the manufacturer's label unless otherwise designated by written physician's order.

8VAC20-781-540. Storage of medication.

A. Unless designated otherwise by a written physician's order, medications, including refrigerated and staff's personal medications, shall be kept in a locked place using a safe locking method that prevents access by children.

B. If a key is used, the key shall be inaccessible to the children.

C. When needed, medication shall be refrigerated.

D. When medication is stored in a refrigerator used for food, the medications shall be stored together in a container or in a clearly defined area away from food.

8VAC20-781-550. Medication records.

The center shall keep a record of prescription and nonprescription medication given to children that shall include the following:

1. Name of the child to whom medication was administered;

2. The dose, the route, and the name of the medication administered to the child;

3. The date and time the medication was administered to the child;

4. Name of the staff member administering the medication;

5. Adverse reactions; and

6. Medication administration errors and action taken.

8VAC20-781-560. Self-administered medication.

A. When a school-age child self-administers medication while in care, the center shall:

1. Establish written safety procedures for self-administration of medication for school-age children that include direct supervision during the administration of the medication; and

2. Obtain (i) documentation of written authorization from the child's physician, (ii) a written request from the child's parent for the child's self-administration of medication, and (iii) written authorization from the parent to administer the medication if the child is unable to self-administer.

B. The center shall document medication self-administered by a child to include:

1. The child's name;

2. The dose, route, and name of the medication self-administered;

3. The date and time the medication was self-administered;

4. Adverse reactions; and

5. Medication administration errors and action taken.

C. If the written safety procedures required in this section are not followed, the center shall:

1. Notify the child's parent;

2. Assume responsibility for administration of the medication while the child is in care; and

3. Document in the child's record the discontinuation of the authorization to self-administer and the notification to the child's parent.

8VAC20-781-570. Topical skin products.

A. When topical skin products such as lip balm, hand lotion, sunscreen, diaper ointment and lotion, and insect repellent are administered by the center, the following requirements shall be met:

1. Written parent authorization noting known adverse reactions shall be obtained at least annually;

2. The product shall be in the original container and, if provided by the parent, labeled with the child's name; and

3. Manufacturer's instructions for application shall be followed.

B. When diaper ointment and insect repellent are administered by the center a record shall be kept that includes the child's name, the name of the product, the frequency of use and the approximate time given, adverse reactions, and application errors and action taken.

C. Caregivers without medication administration training may apply topical skin products unless the product is a prescription medication, in which case the requirements in 8VAC20-781-520 shall be met.

D. Children five years of age and older may have access to and may self-administer hand sanitizer, hand soap, sunscreen, lip balm and hand lotion labeled "Keep out of reach of children," provided that the label does not contain other warnings listed in 8VAC20-781-220 A and is used under adult supervision.

E. Sunscreen provided by the center shall have a minimum sunburn protection factor (SPF) of 15.

F. The product shall not be kept or used beyond the expiration date.

G. Topical skin products, except those referenced in subsection C of this section, do not need to be kept locked, but shall be inaccessible to children younger than five years of age.

Part IX

First Aid, Emergency Supplies, and Emergency Preparedness and Response

8VAC20-781-580. First aid and emergency supplies.

A. The center shall have a minimum of one working flashlight that does not require electricity on each floor of each building that is used by children.

B. The center shall have a minimum of one working radio that does not require electricity in each building used by children and a primitive camp location without a building.

C. The center shall have first aid supplies on each floor of the building, accessible from outdoor play areas, while on field trips, in vehicles when transporting children, and wherever children are in care. The first aid supplies shall be readily accessible to staff, inaccessible to children, and include the following:

1. An ice pack or instant cold pack;

2. A pair of scissors;

3. A pair of tweezers;

4. Gauze pads;

5. Adhesive tape;

6. Adhesive bandages of assorted sizes;

7. An antiseptic cleansing solution or pads;

8. An operable digital thermometer;

9. A minimum of two triangular bandages;

10. Single use gloves such as surgical or examination gloves; and

11. A first aid instructional manual.

8VAC20-781-590. Emergency preparedness and response plan.

A. The center shall have a written emergency preparedness and response plan developed in consultation with the local emergency manager or the state or local fire official. The plan shall include:

1. Emergency preparedness and response planning for emergencies resulting from a natural disaster or a human-caused event such as violence at or near the child care facility; and

2. Emergency evacuation, relocation, shelter-in-place, and lockdown procedures to include:

a. Scenario applicability with the most likely emergency scenarios including fire, severe storms, flooding, tornadoes, earthquakes, pandemic, loss of utilities, and other situations, including facility damage, that requires evacuation, lockdown, or shelter in place;

b. Emergency communication to alert staff and emergency responders;

c. Methods to account for all children and to ensure continued supervision of children;

d. Method of communication with staff, parents, and emergency responders;

e. Accommodations or special requirements for infants, toddlers, children with special needs, and children with chronic physical or medical conditions to ensure the child's safety during evacuation or relocation;

f. Procedure to reunite children with a parent or authorized person designated by the parent; and

g. Staff and volunteer training requirements and drill frequency.

B. The center's emergency preparedness and response plan shall also include the following additional requirements:

1. Evacuation and relocation procedures shall include:

a. Designated primary and secondary routes out of the building;

b. Designated assembly point away from the building;

c. Designated relocation site;

d. Methods to ensure essential documents, including attendance records, parent contact information, emergency contact information, and information on allergies and intolerance to food or medication, are taken to the assembly point or relocation site; and

e. Methods to ensure special health care needs, to include medications and care plans and supplies, are taken to the assembly point or relocation site.

2. Shelter-in-place procedures shall include:

a. Designated shelter-in-place areas within the center;

b. Designated primary and secondary routes to the shelter-in-place areas;

c. Methods to ensure essential documents, including attendance records, parent contact information, emergency contact information, and information on allergies and intolerance to food or medication, are taken to the assembly point or relocation site; and

d. Methods to ensure special health care needs, to include medications and care plans and supplies, are taken to the assembly point or relocation site.

3. Lockdown procedures shall include designated safe areas that the facility can contain using procedures such as closing or locking of doors or other barriers.

C. The center shall review the emergency preparedness and response plan at least annually and update as needed. The center shall document each review and update made to the emergency preparedness and response plan.

D. Emergency evacuation and shelter-in-place diagrams, 911 or local dial number for police, fire, and emergency medical services, and the number of the national poison control center hotline shall be posted in conspicuous locations in each room used by children or staff.

E. Continuity of operations shall be established to ensure that essential functions are maintained during an emergency.

8VAC20-781-600. Emergency response drills.

A. All emergency response drills shall be practiced:

1. In each building used by children;

2. With all staff, volunteers, and children present at the time of the drill;

3. At varying times during the center's hours of operation; and

4. For centers offering evening and overnight care, a separate drill shall be completed during the evening and overnight hours according to the same schedules specified in subsections B through D of this section.

B. Emergency evacuation procedures shall be practiced monthly.

C. Shelter-in-place procedures shall be practiced a minimum of twice per year.

D. Lockdown procedures shall be practiced a minimum of twice per year.

E. Documentation shall be maintained for one year of emergency evacuation, shelter-in-place, and lockdown drills that include:

1. The date and time of the drill;

2. The number of staff, volunteers, and children participating; and

3. The time it took to complete the drill.

Part X

Special Services

8VAC20-781-610. Nutrition and food services.

A. Centers shall schedule appropriate times for snacks or meals based on the hours of operation and time of the day (e.g., a center open only for after school care shall schedule an afternoon snack; a center open from 7 a.m. to 1 p.m. shall schedule a morning snack and midday meal).

B. The licensee shall ensure that children arriving from a half-day, morning program who have not yet eaten lunch receive a lunch.

C. The center shall schedule snacks or meals so that there is a period of at least 1-1/2 hours but no more than three hours between each meal or snack, unless there is a scheduled rest or sleep period for children between the meals and snacks.

D. Drinking water shall be offered at regular intervals to children.

E. In environments of 80°F or above, attention shall be given to the fluid needs of children at regular intervals. Children in such environments shall be encouraged to drink water as outlined in subsection D of this section.

F. When centers choose to provide meals or snacks, the following shall apply:

1. Centers shall follow the most recent, age-appropriate nutritional requirements of the Child and Adult Care Food Program administered by the U.S. Department of Agriculture (USDA).

2. Children shall be allowed second helpings of food listed in the Child and Adult Care Food Program.

3. Centers shall not serve small (i.e., marble-sized), round, sticky, or hard foods that are difficult to chew and easy to swallow whole to children younger than four years of age.

4. A menu listing food to be served for meals and snacks during the current one-week period shall:

a. Be dated;

b. Be posted in a location conspicuous to parents or given to parents;

c. Be kept on file for one week at the center; and

d. List substituted food by the end of the business day.

5. Powdered milk shall not be used except for cooking.

G. When food or beverage is brought from home, the following shall apply:

1. The food and beverage container shall be sealed and labeled in a way that identifies the owner by first and last name.

2. The center shall have extra food or shall have provisions to obtain food to serve to children so the child can have an appropriate snack or meal if the child forgets to bring food from home, brings an inadequate meal or snack, or brings perishable food.

3. Unused portions of opened food shall be discarded by the end of the day or returned to the parent.

H. If a catering service is used, it shall be approved by the local health department.

I. Contaminated or spoiled food shall not be served to children.

J. Tables and highchair trays shall be cleaned and sanitized before and after each use for feeding;

K. Staff shall be present in the feeding area with children whenever children are eating.

L. Children shall remain seated while eating or drinking and shall not eat while riding in vehicles.

M. Food and beverages shall be prepared, served, stored, and transported in a sanitary manner.

N. When food is prepared to which a child in care is allergic, staff shall take steps to avoid cross contamination to prevent an allergic reaction.

O. A child with a diagnosed food allergy shall not be served food identified in the emergency care plan required in 8VAC20-781-50 B 6.

P. Disposable products used for food or beverages shall be used once and discarded.

8VAC20-781-620. Special feeding needs.

A. Highchairs, infant seats, or feeding tables shall be used for children under 12 months of age who are not held while being fed.

1. Children shall be supervised during snacks and meals.

2. When a child is placed in a feeding table with protective belts, a highchair, or an infant seat, the protective belt shall be fastened securely.

B. Bottle-fed infants who cannot hold their own bottles shall be held when fed. Bottles shall not be propped or used while the child is in the child's designated sleeping location.

C. Each bottle-fed infant shall have a written feeding schedule on file that is updated as needed and contains:

1. Whether the child receives breast milk, formula, or milk; and

2. The brand name of formula, if applicable.

D. Infants shall be fed on demand or in accordance with parental instructions.

E. All prepared bottles or breast milk stored in other containers provided by parents shall be labeled with the child's name and date of receipt.

F. Breast milk shall be stored according to the center's policy for the storage of breast milk.

G. Infant formula prepared by the center shall be prepared according to manufacturer instructions and prepared infant formula or milk shall be (i) refrigerated and (ii) dated and labeled with the child's name.

H. Heated breast milk, formula, milk, and baby food shall be stirred or shaken and tested for temperature before serving to children.

I. Milk, formula, or breast milk and bottles or containers of infant foods shall be warmed under running warm tap water or by placing the food item in a container of water that is no warmer than 120°F if needed. Bottles shall not be heated or warmed in a microwave.

J. When a bottle warmer or slow-cooking device, such as a crock-pot, is used for warming breast milk, formula, milk, or bottles of infant food, the device and cord shall be out of children's reach and used according to manufacturer instructions.

K. Breast milk, formula, and milk shall not remain unrefrigerated at the center for more than two hours and shall not be reheated.

L. Prepared bottles shall be discarded or returned to the parent at the end of the day.

M. Prepared baby food not consumed during that feeding by an infant may be used by that same infant later in the same day, provided that the food is not served out of the infant food container and is dated and stored in the refrigerator; otherwise, it shall be discarded or returned to the parent at the end of the day.

N. The licensee shall maintain on the premises a one-day emergency supply of clean and empty or disposable bottles, nipples, and commercial formulas. Emergency supply bottles shall only be used for one feeding and shall be appropriate for the children in care. The center shall consult parents on special feeding needs, such as specific formula, breast milk, or other special accommodations.

O. The center shall not prohibit breastfeeding.

P. When bottles with breast milk, formula, or milk are prepared by the center, the milk or formula shall not be mixed with cereal unless a physician or physician's designee provides written documentation stating otherwise.

Q. When feeding semisolid food to a child, staff shall use a spoon unless written instructions from a physician or physician's designee state differently.

8VAC20-781-630. Field trips.

A. Written parental permission for field trips shall be secured before the scheduled activity.

B. If a blanket permission is used instead of a separate written permission, the following shall apply:

1. Parents shall be notified in advance of the field trip; and

2. Parents shall be given the opportunity to withdraw the child from the field trip.

C. Children shall cross streets at a corner or crosswalk or other designated safe crossing point if no corner or crosswalk is available.

D. Before leaving on a field trip, a schedule of the trip's events and locations shall be shared with parents.

E. The licensee shall ensure a method of communication for emergencies during field trips.

F. The center shall make provisions for providing children on field trips with adequate food and water.

8VAC20-781-640. Transportation.

A. Written parental permission for transportation shall be secured before transportation is provided.

B. Vehicles used by the center for the transportation of children shall meet the following requirements:

1. The vehicle shall meet the safety standards set by the Department of Motor Vehicles and shall be kept in satisfactory condition to ensure the safety of children.

2. The vehicle shall be manufactured for the purpose of transporting people.

3. The vehicle shall be insured with at least the minimum limits established by Virginia state statutes.

4. If staff or volunteers supply personal vehicles, the center is responsible for ensuring that the requirements of this subsection are met.

C. The licensee shall ensure that, during transportation of children:

1. Virginia state statutes about safety belts and child restraints are followed as required by §§ 46.2-1095 through 46.2-1100 of the Code of Virginia, and the stated maximum number of passengers in a given vehicle is not exceeded;

2. The children remain seated and each child's arms, legs, and head remain inside the vehicle;

3. Doors are closed and locked, unless the manufacturer prevents locking for emergency purposes;

4. At least one staff member or the driver always remains in the vehicle when one or more children are present; and

5. The following information is in transportation vehicles:

a. Emergency numbers as specified in 8VAC20-781-590 D;

b. The center's name, address, and telephone number;

c. A list of the names of the children being transported and each child's emergency contact information as required in 8VAC20-781-50 B 2 and B 3;

d. Emergency care plan and information as specified in 8VAC20-781-50 B 5 and B 6; and

e. A document containing local emergency contact information, potential shelters, hospitals, and evacuation routes that pertain to each site frequently visited or of routes frequently driven by center staff for center business, such as field trips, pick-up, and drop-off of children to or from home and local schools.

D. When entering and leaving vehicles, children shall enter and leave the vehicle from the curb side of the vehicle or in a protected parking area or driveway and cross streets at a corner or crosswalk or other designated safe crossing point if no corner or crosswalk is available.

E. The licensee shall ensure a method of communication for emergencies during transportation.

F. The licensee shall ensure that the driver verifies that all children have been removed from the vehicle at the conclusion of each trip by checking every seat.

8VAC20-781-650. Animals and pets.

A. Animals that are kept on the premises of the center or that interact with children at the center shall be vaccinated if applicable.

B. Animals that are, or are suspected of being, ill or infested with external lice, fleas, ticks, or internal worms shall be removed from contact with children.

C. No monkeys, bats, ferrets, poisonous or dangerous animals, reptiles, or psittacine birds (i.e., birds of the parrot family) shall be accessible to children during the hours children are in care, and the licensee shall ensure that children do not have direct physical contact with the animals. The licensee shall ensure that children do not come in physical contact with stray or wild animals.

D. No animals that have shown aggressive behavior shall be kept in the center or on the grounds.

E. All animal excrement shall be removed promptly, disposed of properly, and, if indoors, the soiled area cleaned and sanitized.

F. If a child is bitten by an animal while in care, the following procedures shall be followed:

1. The site of the bite shall be washed with soap and water immediately;

2. Appropriate first aid shall be administered immediately, including appropriate medical attention if necessary;

3. The child's parent and the local health department shall be notified immediately to report the animal bite incident; and

4. The incident shall be documented in the child's record as required by 8VAC20-781-50 and a written report shall be given to the parent as required by 8VAC20-781-400.

G. Manure shall be removed from barns, stables, and corrals at least once a day and stored and disposed of in a manner to prevent the breeding of flies.

Part XI

Evening and Overnight Care Programs

8VAC20-781-660. Evening and overnight care.

A. For evening care, beds with mattresses or cots with at least one inch of dense padding shall be used by children who sleep longer than two hours and are not required to sleep in cribs.

B. For overnight care, beds with mattresses or cots with at least two inches of dense padding shall be used by children who are not required to sleep in cribs.

C. In addition to the provisions of 8VAC20-781-440 regarding linens, bedding appropriate to the temperature and other conditions of the rest area shall be provided.

D. Centers providing evening care or overnight care on an occasional basis are not required to meet the requirements subsection A and B of this section if sleeping bags or cots are used.

E. If sleeping bags are used, the provisions of 8VAC20-781-430 A through H regarding cribs, cots, rest mats, and beds shall also apply to the use of sleeping bags.

F. In centers providing overnight care, an operational tub or shower with heated and cold water shall be provided.

G. Activities for children in evening or overnight care shall include, as time allows, age-appropriate activities as described in 8VAC20-781-310 through 8VAC20-781-350.

H. Quiet activities shall be available immediately before bedtime.

I. School-age children may use bunk beds for sleeping.

J. Primitive camps are not required to have a tub or shower.

Part XII

Therapeutic and Special Needs Programs

8VAC20-781-670. Applicability.

A child day center that meets the definition of a therapeutic child day program or special needs child day program shall also comply with all requirements of Parts I through XI of this chapter.

8VAC20-781-680. Assessments.

Therapeutic child day programs shall ensure that an individual assessment is:

1. Completed within six months before the child's attendance or 30 days after the first day of attendance and maintained for each child.

2. Reviewed and updated for each child no less than once every 12 months.

8VAC20-781-690. Individual service, recreation, education, or treatment plan.

Therapeutic child day programs shall ensure that an individual service, recreation, education, or treatment plan is:

1. Developed for each child by the director or the director's designee in consultation with primary staff responsible for plan implementation.

2. Implemented within 60 days after the first day of the child's attendance.

3. Reviewed every three months and revised if needed by the director or the director's designee in consultation with primary staff responsible for plan implementation. The review and revisions shall be done in partnership with the child's parent.

4. Maintained in the child's record, with a copy given to the child's parent.

8VAC20-781-700. Qualifications of staff.

Notwithstanding 8VAC20-781-90 and 8VAC20-781-110, therapeutic child day programs and special needs programs shall ensure that:

1. Directors have education and programmatic experience in the group care of children with special needs.

2. Lead teachers have at least three months of programmatic experience in the group care of children with special needs.

8VAC20-781-710. Staff training.

Therapeutic child day programs and special needs child day programs shall ensure that staff who work with children:

1. Receive training before assuming job responsibilities in:

a. Staff occupational health and safety practices in accordance with Occupational Safety and Health Administration's bloodborne pathogens regulation (29 CFR 1910.1030);

b. Activity adaptations;

c. Medication administration;

d. The special needs of the children in care, including functional abilities and accommodations;

e. Disabilities and health issues; and

f. Appropriate precautions and intervention strategies.

2. Annually complete eight additional hours of training on topics related to the care of children with special needs.

8VAC20-781-720. Staff-to-children ratio requirements.

A. For therapeutic child day programs and special needs child day programs, in each grouping of children of preschool age or younger, the following ratios of staff to children are required according to the special needs of the children in care:

1. For children with severe and profound disabilities, multiple special needs, serious medical need, or serious emotional disturbance: one staff member to three children.

2. For children diagnosed as having an intellectual disability with significant sub-average intellectual functioning and deficits in adaptive behavior, children with physical and sensory disabilities, or children with autism: one staff member to four children.

3. For children diagnosed as having an intellectual disability in the mild range of development, children with a developmental delay, or children diagnosed with attention deficit/hyperactivity disorder (ADHD): one staff member to five children.

4. For children diagnosed with specific learning disabilities: one staff member to six children.

5. When children with varied special needs are included in a group, the staff-to-children ratio applicable to the child with the most significant special need in the group shall apply to the entire group.

6. Whenever 8VAC20-781-270 B requires more staff than subsection A of this section because of the children's ages, 8VAC20-781-270 B shall take precedence over subsection A of this section.

B. For therapeutic child day programs and special needs child day programs, in each grouping of school-age children, the following ratios of staff to children are required according to the special needs of the children in care:

1. For children with severe and profound disabilities, autism, multiple special needs, serious medical need, or serious emotional disturbance: one staff member to four children.

2. For children diagnosed as having an intellectual disability with significant sub-average intellectual functioning and deficits in adaptive behavior or with physical and sensory disabilities, ADHD, or other health impairments: one staff member to five children.

3. For children diagnosed as having an intellectual disability in the mild range of development or as developmentally delayed: one staff member to six children.

4. For children diagnosed with specific learning disabilities or speech or language impairments: one staff member to eight children.

5. When children with varied special needs are included in a group, the staff-to-children ratio applicable to the child with the most significant special need in the group shall apply to the entire group.

C. Group size requirements in 8VAC20-781-270 A do not apply to therapeutic child day programs and special needs child day programs.

8VAC20-781-730. Equipment and materials.

Therapeutic child day programs and special needs child day programs serving children who use wheelchairs shall provide appropriate positioning equipment and cushioned vinyl-covered floor mats for use when activities require children to be out of wheelchairs.

8VAC20-781-740. Special feeding needs.

A. For therapeutic child day programs and special needs child day programs, the consistency of food shall be appropriate to a child's special feeding needs.

B. Necessary and adaptive feeding equipment and feeding techniques shall be used for children with special feeding needs according to the information on file pursuant to 8VAC20-781-50 B 5.

8VAC20-781-750. Transportation for non-ambulatory children.

A. Therapeutic child day programs and special needs child day programs providing transportation to non-ambulatory children shall ensure children are transported in a vehicle that is equipped with a ramp or hydraulic lift to allow entry and exit.

B. Wheelchairs shall be equipped with restraining devices and shall be securely fastened to the floor when used to seat children in a vehicle.

C. Arrangements of wheelchairs in a vehicle shall not impede access to exits.

D. For therapeutic child day programs and special needs child day programs, when the center is responsible for providing transportation, the center shall develop and implement a plan based on the needs of the children in care to ensure safe supervision during on-loading, off-loading, and transporting.

E. When 16 or more children are being transported, there shall be at least one staff member or adult besides the driver for each group of 16 children.

F. For therapeutic child day programs and special needs child day programs, if a child who has a known seizure disorder or neurological, genetic, or physiological disability causing increased medical risk is being transported, one staff member or adult who is not the driver and who is trained in first aid and CPR shall be present in the vehicle.

FORMS (8VAC20-781)

Medication Authorization Form (rev. 11/2025)

Report of Tuberculosis Screening for Child Day Programs (eff. (insert effective date of regulation))

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Proposed Regulation

Titles of Regulations: 8VAC20-780. Standards for Licensed Child Day Centers (repealing 8VAC20-780-10 through 8VAC20-780-610).

8VAC20-781. Standards for Licensed Child Day Centers (adding 8VAC20-781-10 through 8VAC20-781-750).

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: January 16, 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 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 the Code of Virginia, which shall be designed to ensure that such activities, services, and facilities are conducive to the welfare of the children under the control of such persons or agencies.

Purpose: This action is essential to enhancing the health, safety, and welfare of children in care. The purpose of the adoption of a new regulation is to (i) streamline regulatory requirements; (ii) improve understanding and interpretation leading to enhanced compliance and enforcement by adjusted structure, format, and simplified language; and (iii) incorporate updates to address ever-changing national health and safety guidelines and practices. In addition, it is the goal of the agency to ensure that parents have sufficient information to make informed decisions about placing children in licensed child day centers while ensuring the safety of children receiving care in licensed child day centers. Repeal of the existing regulation and adoption of a new regulation was determined by the agency to be the most efficient and effective way to make the necessary changes to achieve clarity, consistency, and to protect children.

Substance: The proposed action repeals Standards for Licensed Child Day Centers (8VAC20-780) and replaces it with a new chapter, also called Standards for Licensed Child Day Centers (8VAC20-781). Changes in the proposed new chapter include (i) restructuring and reformatting of content by subject matter; (ii) clarifying terms and requirements; (iii) removing duplicative requirements; (iv) condensing sections to incorporate more clear and concise language; (v) aligning the regulation with national health and safety standards; (vi) incorporating requirements based on consultation with and recommendations provided by state partners and agencies; (vii) addressing current and relevant child care challenges by increasing options for program director and lead teacher qualifications; (viii) clarifying and streamlining staff training requirements; (ix) aligning requirements and incorporating technical amendments to ensure consistency with the Code of Virginia; and (x) updating requirements to address ever-changing national health and safety guidelines and practices.

Specifically, the proposed amendments to the standards include (i) enhancing requirements around choking, handwashing, safe sleep practice, swim safety, and outdoor play areas; (ii) adding lead assessments in buildings built before 1978; (iii) enhancing training requirements by requiring all staff to receive training on emergency preparedness and response and child abuse and neglect, adding driver training requirements, and adding to orientation requirements for directors; (iv) enhancing orientation for staff on policies for (a) food service, safety, and storage; (b) inclusion of children with special needs; (c) stock epinephrine; (d) behavior guidance; and (e) emergency preparedness and response during a pandemic; (v) adding requirements for playground safety to include equipment and resilient surfacing; (vi) adding specific requirements to prohibit infants from sleeping in car seats or play equipment, restrictive clothing, and adaptive equipment without a signed statement from a physician, which aligns with updated American Academy of Pediatrics (AAP) sleep guidelines; (vii) adding requirements to address children with special needs and to ensure that children with special needs receive care and activity opportunities appropriate to needs; (viii) adding requirements to strengthen parent involvement and require communication and notification regarding emergencies, behavior concerns, daily care of children, and transportation; (ix) enhancing safeguards for children during swimming and wading activities, including requirements for active supervision and accountability and that one lifeguard be on duty during swimming and wading activities for every 25 children; (x) enhancing requirements for safe handling of body fluids and handwashing; and (xi) adding requirements for the safe storage of medication and flexibility for self-administered medication.

The proposed action also removes requirements that are not directly specific to the safety of children and more related to business practice to provide relief of burdensome standards for child care providers and families. Specifically, the proposed amendments remove provisions relating to (i) enrollment procedures of therapeutic child day programs and special needs child day programs, (ii) physical and mental health of staff and volunteers, (iii) general qualifications, (iv) aides, and (v) independent contractors.

Issues: The primary advantage of this regulatory change to the public, the agency and Commonwealth, and licensed child day centers is that the Standards for Licensed Child Day Centers will be easier to read, better organized, clearer with respect to responsibilities, and more comprehensive in scope to ensure the health, safety, and well-being of children in care. There are no disadvantages to the public, the agency, the Commonwealth, or licensed child day centers.

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 8VAC20-780, Standards for Licensed Child Day Centers, and replace it with 8VAC20-781 using the same title. The regulation would be reorganized with the intent of making it more easily understood. Additionally, the board proposes changes that (i) establish epinephrine requirements, (ii) affect record requirements, (iii) affect the timing of health care examinations and tests, (iv) ease the qualification requirements for directors and lead teachers, (v) amend training requirements, (vi) amend requirements pertaining to sleeping, resting, and diapering, (vii) amend requirements pertaining to play areas, equipment and toys, (viii) change staffing requirements, (ix) require expanded planning for special needs children, and (x) increase safety requirements for swimming.

Background. Epinephrine: Pursuant to Chapters 695 and 696 of the 2022 Acts of Assembly, the board proposes to require that (i) child day centers possess and store weight-based dosages of undesignated or stock epinephrine in a locked or inaccessible container or area in the center; (ii) the undesignated or stock epinephrine is only administered by a nurse at the center, an employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine, or staff at the center authorized by a prescriber and trained in the administration of epinephrine, and (iii) at least one of the above individuals has the means to access the epinephrine at all times during regular facility hours. If the person administering the epinephrine is neither a nurse nor an employee of a local health department, the board proposes to require that their training be from (i) a program for this purpose developed by the Board of Nursing and taught by a registered nurse, licensed practical nurse, nurse practitioner, physician assistant, doctor of medicine or osteopathic medicine, or pharmacist, (ii) a course on this topic developed or approved by the Department of Education (DOE) in consultation with the Department of Health (VDH), or (iii) a course taught by a registered nurse, licensed practical nurse, nurse practitioner, physician assistant, doctor of medicine or osteopathic medicine, or pharmacist that includes the following: (a) recognizing signs and symptoms of anaphylaxis, (b) emergency procedures for responding to anaphylaxis, and (c) instructions and procedures for administering epinephrine. The board proposes to require that such individuals be retained in the administration of epinephrine three-year intervals.

Records: The current regulation requires the following in each child's records: A written care plan for each child with a diagnosed food allergy, to include instructions from a physician regarding the food to which the child is allergic and the steps to be taken in the event of a suspected or confirmed allergic reaction. The board proposes to also require an emergency care plan that has been developed in consultation with a physician or physician's designee for any health issues that are reasonably likely to result in a medical emergency. The current regulation requires the center to have documentation of immunizations and physical examinations for each child, unless (i) The center is located on the same premises where a child attends school; (ii) The child's record has a statement verifying the school's possession of the health record; and (iii) The school's records are accessible during the center's hours of operation. The board proposes to expand the exemption to include all children when a center assumes responsibility for the child directly from a school or transfers responsibility to the school. Additionally, the board proposes to remove the following requirements from children's records: information regarding parent employment; name and phone of child's physician; addresses of emergency contacts; and the requirement to store blanket permission slips and opt-out requests. For center staff records, the board proposes to eliminate contact information for an emergency contact and documentation of references as to character, reputation, and competency.

Health Provisions: Non-school age children must have documentation of a physical examination conducted either prior to attendance or within 30 days after the first day of attendance. Under the current regulation, if the child has had a physical examination prior to attendance, the timeframe to have obtained it varies based upon the child's age, as follows: (i) within two months prior to attendance for children six months of age and younger; (ii) within three months prior to attendance for children aged seven months through 18 months; (iii) within six months prior to attendance for children aged 19 months through 24 months; and (iv) Within 12 months prior to attendance for children two years of age through five years of age. The board proposes to standardize this timeframe for all ages by allowing up to 12 months before the date a child first attends the center regardless of age. The current regulation requires each staff member and individual from an independent contractor to submit documentation of a negative tuberculosis screening. It must have been completed within the last 30 calendar days of the date of employment. The proposed regulation would provide additional time, stating that it shall have been completed within 90 calendar days before coming in contact with children at the center.

Director qualifications and responsibilities: In both the current and proposed regulations, the "Director" is the individual responsible for supervising the day-to-day operations and staff of the center, and there are several pathways to qualify as a center director. The board proposes to reduce the educational and experience requirements for the various pathways. Lead teacher qualifications In both the current and proposed regulations, the lead teacher is the individual designated to be responsible for the direct supervision of children and for the implementation of the activities and services for a group of children, and there are several pathways to qualify as a lead teacher. The board proposes to add two more pathways:² (i) a career studies certificate³ in a child-related field with a minimum of 12 total college credits and (ii) a Virginia endorsement⁴ in a child-related field approved by the Department of Education.

Training: Both the current and proposed regulations require that all staff who work with children complete at least 16 hours of ongoing training each year. Under the current regulation, the required 10-hour preservice orientation does not count toward the first year's 16 hours of required training. The board proposes to allow the ten hours to apply toward the 16 hours required the first year. Both the current and proposed regulations include orientation training requirements for new staff on numerous topics. The board proposes to add requirements for orientation on children's health issues, child development, and classroom management. Under the current regulation, volunteers who work more than six hours per week must receive training on the center's emergency procedures within the first week of volunteering annually thereafter. The board proposes to require this only for volunteers who work more than eight hours per week. Both the current and proposed regulations require that at least two staff members who have current certifications in both CPR and first aid be present on the premises whenever a child is in care, and at least one staff member in each classroom or area must also meet these requirements. In addition, the current regulation requires that there be at least two staff members currently certified in CPR and first aid present on field trips. The proposed regulation would only require one so certified staff member on field trips. The current regulation requires at least one person on duty to be trained in performing daily health observation, but there is no clear requirement for actual daily health checks. The proposed regulation addresses this, by requiring that a trained staff member conducts a daily health observation of each child as close to arrival as possible and whenever staff responsible for the care of a child notes a change in behavior or appearance. The board proposes to add required training for drivers on safety restraints, tracking children, behavioral issues, first aid supplies, emergency procedures, and applicable transportation policies prior to transporting children under the supervision of the center. These topics are not addressed in the current regulation.

Lead Testing: For those new applicants that use a building built before 1978, the board proposes to require that a written statement from a person licensed in Virginia as a lead risk assessor be submitted describing the results of an assessment stating either (i) no lead was detected; (ii) lead was detected and response actions to abate risks to human health have been completed; or (iii) lead was detected and response actions to abate risks to human health have been recommended in accordance with a specified schedule. This would address risks from lead-based paint. Pursuant to Chapters 1084 and 1085 of the 2020 Acts of Assembly, the board proposes to require that each center develop and implement a plan to test potable water for lead and remediate and retest if necessary.

Sleep, Rest, Restrooms, and Diapering: Both the current and proposed regulations state that For overnight care, beds with mattresses or cots with at least two inches of dense padding shall be used by children who are not required to sleep in cribs. The current regulation also states that For overnight care which occurs for a child on a weekly or more frequent basis, beds with mattresses shall be used. The board proposes to eliminate this last requirement. The board proposes to newly require that rest mats have at least one inch of cushioning. The board proposes to newly require that each toileting area provided for children is equipped with a lined waste container. Under the current regulation, the diapers, disposable training pants, and the underwear of children who are toilet training may only be changed on a diapering surface. The board proposes to expand this by also allowing such changes to occur in the bathroom. Also, the board proposes to add that staff shall check diapers and disposable training pants at least once every two hours.

Play Areas, Equipment and Toys: The current regulation requires that a shady area be provided on playgrounds during the months of June, July, and August. The board proposes to extend the shade requirement to May through September. The board proposes to add that washable toys and materials used by infants shall be cleaned and sanitized daily, or more often if necessary. Also, water play tables or tubs that are used must be cleaned and sanitized daily.

Staffing: Under the current regulation, when a center operates more than six hours per day a lead teacher is not required in each grouping of children during the first and last hour of operation and during the designated rest period, given specified conditions. Under the proposed regulation, when a center operates more than eight hours per day a lead teacher is not required in each grouping of children during the first and last 90 minutes of operation and during the designated rest period, given the same specified conditions. The board also proposes to add that a lead teacher is not required in each grouping of children during short breaks and special activities. Under the current regulation, the maximum number of school-age children per staff member is 18;. the board proposes to increase the maximum number to 20. In addition, there is no maximum group size for school-age children under the current regulation. To meet federal requirements,⁵ the board proposes a maximum of 100 school-age children per group.

Special needs: The board proposes a new requirement that the center work with the parent and the staff assigned to the child to develop a plan to ensure that a child with special needs receives care and activity opportunities appropriate to their individual needs, including specific care and activities recommended by a professional. The plan shall be documented and maintained in the child's record, and updated annually, or more frequently, as necessary.

Swimming: Both the current and proposed regulations require that a certified lifeguard holding a current certification be on duty supervising whenever a child is participating in swimming or wading activities if the pool, lake, or other swimming area has a water depth of more than two feet. The proposed regulation additionally states there be one lifeguard for every 25 children in the water. The current regulation does not require more than one lifeguard regardless of the number of children in the water. The board also proposes to newly require that there be separate staff to supervise children not participating in the swimming and wading (if there are any) regardless of the total number of participating and non-participating children.

First Aid: The current regulation requires that an activated charcoal preparation be at the center and be available on field trips. The board proposes to eliminate this requirement.

Estimated Benefits and Costs. Epinephrine: Anaphylaxis is a severe, life-threatening allergic reaction. It can happen seconds or minutes after a person has been exposed to an allergen. Immediate use of an epinephrine autoinjector can keep anaphylaxis from worsening and can be lifesaving. Thus, the proposed requirements that child day centers possess and store appropriate weight-based dosages of undesignated or stock epinephrine, and that at least one person qualified to administer epinephrine has access to the epinephrine at all times during regular facility hours, has the potential to save the lives of children with undiagnosed allergies in cases when exposure to the allergen may result in anaphylaxis. An EpiPen package comes with two auto-injectors of 0.3 mg and is approved for adults and children who weigh 66 lbs. or more. The EpiPen JR package comes with two auto-injectors of 0.15 mg and is approved for children who weigh 33 lbs. to 66 lbs.⁶ There are now also Food and Drug Administration (FDA) approved epinephrine auto-injectors of 0.1 mg for infants and toddlers.⁷ FDA-authorized generic epinephrine is available from CVS at $109.99 per two-pack.⁸ Epinephrine autoinjectors have a shelf life of 12 to 18 months from the date of manufacture.⁹ For a child day center with children that fall into all three weight groups, and uses the FDA-authorized generic epinephrine from CVS, it would cost approximately $330 annually to maintain non-expired epinephrine on hand.¹⁰ DOE reports that it is already under contract with an outside entity that provides training in medication administration, including epinephrine administration. DOE is proposing a training program for staff at child day centers on the administration of epinephrine by this entity. If the training proposal is approved by VDH, the undesignated or stock epinephrine training would be developed. DOE's plan is for the training to be offered at no monetary cost to the child day centers. There would be staffing costs as those being trained cannot simultaneously take care of the children at the center.

Records: The proposal to require an emergency care plan that has been developed in consultation with a physician or physician's designee for any health issues that are reasonably likely to result in a medical emergency may enable staff to be better prepared to help children in the center when they have a medical emergency, which result in better health outcomes. It would also require additional staff time as well the time of the parent or guardian and a physician or physician's designee. The proposal to expand the exemption from the requirements that the center have documentation of immunizations and physical examinations to include all children when a center assumes responsibility for the child directly from a school or transfers responsibility to the school reduces administrative costs for centers that have such children and saves time for their parents or guardians in providing the documentation. Removing the requirements for the centers to maintain records regarding parent employment, the name and phone number of the child's physician, and addresses of emergency contacts also reduces administrative costs for centers and saves time for their parents or guardians in proving the information. For center staff records, the proposal to eliminate the requirements for emergency contact information and documentation of references saves time and administrative costs for staff and the center.

Health Provisions: The proposal to accept physical examinations for children that occurred up to 12 months before the date the child first attends the center (rather than within a much smaller timeframe) for all ages would likely in some cases eliminate the need for additional appointments for physical exams, saving the time and monetary cost associated with the additional examination. Similarly, the proposal to complete the tuberculosis screening within 90 calendar days before coming in contact with children at the center rather than within the last 30 calendar days of the date of employment may also prevent the need for repeated tests and save associated costs.

Director qualifications and responsibilities: The proposal to reduce the educational and experience requirements for the various pathways to qualify as a center director would reduce the time and tuition costs for at least some candidates to become qualified. This could increase the pool of qualified candidates from which centers could choose to hire a director.

Lead teacher qualifications: Adding two more educational options to qualify as a lead teacher may make it easier for some individuals to qualify and consequently could increase the pool of qualified candidates from which centers could choose to hire lead teachers.

Training: The proposal to allow the 10-hour preservice orientation to count toward the first year's 16 hours of required training could save staff time and the monetary cost of 10 hours of training. The proposal to add children's health issues, child development, and classroom management to the required orientation topics may help staff be better prepared to handle related issues. The proposal to require that a trained staff member conducts a daily health observation of each child and note a change in behavior or appearance may help identify illness or injury and may help reduce transmission of illness within the center. The board proposal to add required training for drivers on safety restraints, tracking children, behavioral issues, first aid supplies, emergency procedures, and applicable transportation policies prior to transporting children under the supervision of the center may help improve child safety during transportation. All of these proposed new requirements would entail additional staff time that could be used in other productive tasks. No longer requiring that volunteers who work more than six hours per week but not more than eight receive training on the center's emergency procedures reduces staff time burden. The proposal to only require one staff member certified in CPR and first aid present on field trips rather than two saves on training and certification costs. American Red Cross Adult and Pediatric First Aid/CPR training and certification costs $108 and takes two hours and 15 minutes, plus travel time¹¹

Lead Testing: According to the U.S. Centers for Disease Control and Prevention, exposure to lead can seriously harm a child's health, causing effects including damage to the brain and nervous system and slowed growth and development. Children may also have learning and behavior problems and hearing and speech problems.¹² The proposal to require that each center develop and implement a plan to test potable water for lead and remediate and retest, if necessary, could help prevent children's exposure to lead with its associated health risks. Testing of potable water for lead would cost about $65 for each test.¹³ Some centers may need to do multiple tests. If remediation is necessary, it can be done using a filter that is certified to reduce lead in drinking water. Such filters are available for approximately $60.¹⁴ A separate filter would be needed for each sink, water fountain, etc. The proposal to require new applicants using a building built before 1978 to submit a written statement from a person licensed in Virginia as a lead risk assessor describing the results of an assessment stating either (i) no lead was detected; (ii) lead was detected and response actions to abate risks to human health have been completed; or (iii) lead was detected and response actions to abate risks to human health have been recommended in accordance with a specified schedule could help prevent children in center buildings built prior 1978 from being exposed to lead-based paint with its associated health risks. It would, according to a DOE estimate, cost approximately $1,200. If necessary, the cost of lead paint removal is on average $3,499.¹⁵ There would also be the cost of replacing the lead paint with new paint.

Sleep, Rest, Restrooms, and Diapering: The proposed elimination of the requirement that beds with mattresses be used for overnight care which occurs for a child on a weekly or more frequent basis, could save centers the cost of beds with mattresses. Children's beds with mattresses are available for about $95.¹⁶ The proposal to also allow the changing of diapers, disposable training pants, or underwear of children who are toilet training to occur in the bathroom, and not only on the diapering surface, may allow for quicker changing of such items, potentially reducing discomfort and the occurrences and severity of rashes. The proposal to require that staff check diapers and disposable training pants at least once every two hours may also reduce discomfort and the occurrences and severity of rashes. If a center is currently using rest mats that have less than one inch of cushioning, it would cost approximately $20 to replace each rest mat with one that has at least one inch of cushioning to meet the proposed minimum cushioning requirement.¹⁷ If a center's toileting areas provided for children do not already have a waste container, it would cost approximately $9 to purchase such a container.¹⁸ Multiple containers would need to be purchased if there are multiple toileting areas that do not already have waste containers. Garbage bags would also need to be purchased to line the containers.

Play Areas, Equipment, and Toys: The proposal to extend the shade requirement to May through September may help prevent some children from becoming overheated and potentially getting sunstroke or developing other sun-related concerns such as sunburn and the related risk of skin cancer later in life. The proposal may require the use of tents or other shade providing equipment in May and September that would not otherwise been used during those months, but it would not likely require the acquisition of additional equipment since it is already needed in June, July, and August. The proposed cleaning and sanitizing requirements for washable toys, materials used by infants, water play tables and tubs may reduce the spread of infectious diseases, but would also require additional staff time (if this is not already done) as well as additional cleaning supplies.

Staffing: The proposal to allow lead teachers to be able to temporarily step away from the group for short breaks, special activities, and the first and last 90 minutes of operation when a center operates more than eight hours allows additional flexibility in staffing. The proposal to newly require that a lead teacher be in each grouping of children during the first and last hour of operation when a center operates more than six hours per day but not more than eight would reduce flexibility. The proposal to increase the maximum number of school-age children per staff member from 18 to 20 allows centers to earn more revenue by potentially having two additional children paid for each staff member. DOE estimates that average annual tuition is $9,400 per school-age child. Thus, centers could potentially earn an additional $18,800 annually per staff member. If a center has a group or groups of over 100 school-age children, the proposal to have a maximum of 100 school-age children per group may necessitate the hiring of additional staff.

Special needs: The proposal to require that the center work with the parent and the staff assigned to the child to develop a plan for care and activity opportunities appropriate to the child's individual needs may result in enhanced care and protection of children with special needs and allow parents to have more involvement in determining what care and services are best for their child. It would also require additional staff time as well the time of the parent or guardian and possibly the professional expert.

Swimming: The proposal to require an additional lifeguard for each 25 children in the water would help ensure the safety of children participating in swimming and wading activities. Additionally, it would likely require the hiring of an additional lifeguard or lifeguards for centers that provide swimming and wading. The proposal to newly require that there be separate staff to supervise children not participating in the swimming and wading (if there are any), regardless of the total number of participating and non-participating children would also help ensure the safety of children participating in swimming and wading activities, but it may require that an additional staff member be present during swimming and wading activities.

First Aid: The proposal to eliminate the requirement that an activated charcoal preparation be at the center and be available on field trips would save centers about $26.¹⁹

Businesses and Other Entities Affected. The proposed amendments affects the 2,629 licensed child day centers in the Commonwealth, as well their staff and customers. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.²⁰ 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.²¹ There are benefits and costs for numerous proposed changes. Not all benefits and not all costs apply to each center. There may be some centers for whom the increased costs and/or reduced benefits for all the proposed changes combined outweigh the reduced costs and/or increased benefits. Such centers would be adversely affected.

Small Businesses²² Affected.²³ Types and Estimated Number of Small Businesses Affected: DOE reports that the 2,629 licensed child day centers in Virginia are a combination of different size business entities, non-profit entities and governmental entities. The agency does not have an estimate for the number that are small businesses. Costs and Other Effects: The costs for small centers are as described above in the Estimated Benefits and Costs section. Alternative Method that Minimizes Adverse Impact: There are no clear alternative methods that both reduce adverse impact and meet the intended policy goals.

Localities²⁴ Affected.²⁵ The proposal does not disproportionally affect particular localities. Cost changes for centers run by local governments are described in the Estimated Benefits and Costs section.

Projected Impact on Employment. The proposal to require an additional lifeguard for each 25 children may modestly increase the demand for and employment of lifeguards. Though there are some proposed changes that reduce required staff time, it appears that overall, there are greater increases in required staff time. Thus, there may be a small increase in demand for center staff and associated employment.

Effects on the Use and Value of Private Property. There are likely some centers for whom the reduced costs or increased benefits for all the proposed changes combined outweigh the increased costs or reduced benefits, and others for whom the increased costs or reduced benefits for all the proposed changes combined outweigh the reduced costs or increased benefits; the value of the former would likely moderately increase and the value of the latter would likely moderately decrease. The proposal does not affect 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 Programmatic experience is required in addition to education.

³ The career studies certificate aligns with Virginia Community College System certifications in early childhood education.

⁴ The endorsement aligns with offerings by agencies contracted with the department to offer such coursework.

⁵ The Child Care and Development Fund, 45 CFR Part 98, requires that states have group size and ratio requirements for all age groups.

⁶ See https://www.goodrx.com/epinephrine-epipen/how-to-save-cost.

⁷ See https://www.fda.gov/media/127806/download.

⁸ See https://www.cvs.com/content/epipen-alternative.

⁹ See https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5720482/.

¹⁰ Average of $110 per epinephrine auto-injector package, and three separate packages for the three different weight groups.

¹¹ Source: https://www.redcross.org accessed on October 1, 2025.

¹² See https://www.cdc.gov/lead-prevention/risk-factors/children.html.

¹³ Source: https://specialtytesting.com accessed on October 1, 2025.

¹⁴ Source: www.amazon.com accessed on October 1, 2025.

¹⁵ Source: https://www.angi.com/articles/how-much-cost-removing-lead-paint.htm accessed on October 1, 2025.

¹⁶ Source: www.amazon.com accessed on October 1, 2025.

¹⁷ Source: www.amazon.com accessed on October 1, 2025.

¹⁸ Ibid.

¹⁹ Bottles of activated charcoal cost about $13, based on an October 1, 2025, www.amazon.com search. The cost estimate for centers assumes two bottles purchased, one to keep at the center and one for field trips.

²⁰ 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.

²¹ 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.

²² 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."

²³ 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.

²⁴ "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.

²⁵ 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 proposed action repeals Standards for Licensed Child Day Centers (8VAC20-780) and replaces it with a new chapter, also called Standards for Licensed Child Day Centers (8VAC20-781). These standards provide criteria for licensing or evaluating the health and safety of care that children receive in licensed child day centers. The proposed amendments to the standards include (i) establishing epinephrine requirements; (ii) updating recordkeeping requirements; (iii) updating the timing of health care examinations and tests; (iv) reducing qualification requirements for directors and lead teachers; (v) enhancing training requirements; (vi) updating requirements pertaining to sleeping, resting, and diapering; (vii) updating requirements pertaining to play areas, equipment, and toys; (viii) changing staffing requirements; (ix) requiring expanded planning for children with special needs; and (x) increasing safety requirements for swimming.

Chapter 781

Standards for Licensed Child Day Centers

Part I

Introduction

8VAC20-781-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly states otherwise:

"Abusive head trauma" means a traumatic injury that is inflicted on the brain of a child, including Shaken Baby Syndrome.

"Age and stage appropriate" means the curriculum, environment, equipment, and adult-child interactions are suitable for the ages and the individual needs of children in care.

"Attendance" means the actual presence of an enrolled child.

"Balanced mixed-age grouping" means a program using a curriculum designed to meet the needs and interests of children in the group and is planned for children who enter the program at three through five years of age. The enrollment in the balanced mixed-age grouping comprises a relatively even allocation of children in each of the ages (three to six years of age) and is designed for children and staff to remain together with turnover planned only for the replacement of existing students with children of ages that maintain the class balance.

"Child" means an individual younger than 18 years of age.

"Child day center" or "center" means a child day program offered to (i) two or more children younger than 13 years of age in a facility that is not the residence of the provider or of any of the children in care or (ii) 13 or more children at any location.

"Child day program" means a regularly operating service arrangement for children where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of a child younger than 13 years of age for less than a 24-hour period.

"Child experiencing homelessness" means a child who is homeless as defined in § 725 of Subtitle VII-B of the McKinney-Vento Act (42 USC § 11434a).

"Child with special needs" means a child with developmental disabilities, intellectual disabilities, an emotional disability, sensory or motor impairment, or significant chronic illness who requires special health surveillance or specialized programs, interventions, technologies, or facilities.

"Cleaned" means to scrub and wash with (i) soap and water or (ii) detergent solution.

"Cooperative preschool center" means a center that is organized, administered, and maintained by parents of children in care, parent volunteers, or other persons who participate or volunteer on behalf of a child attending the center.

"Date of employment" means the date that an employee begins to perform services for the child day program, which includes orientation training.

"Department" means the Virginia Department of Education.

"Director" means the individual responsible for supervising the day-to-day operations and staff of the center.

"Enrolled" means that a regular service arrangement has been entered into between a parent and center, where the center has agreed to assume responsibility for the supervision, protection, and well-being of a child under the age of 13 for less than a 24-hour period during the absence of a parent or guardian.

"Evening care" means care provided between 7 p.m. and midnight.

"Experience in a supervisory capacity" means experience in an administrative position that includes supervising, orienting, training, and scheduling.

"Fall height" means the vertical distance between the highest elevated play surface on play equipment designed for standing, walking, crawling, sitting, or climbing and the protective surface beneath it.

"Field trip" means an activity away from the premises of the center during which children are under the supervision of the center.

"Group" means the group of children under the supervision of one staff member or team of staff members.

"Group size" means the number of children assigned to a staff member or team of staff members occupying an individual room or area.

"Individual service, recreation, education, or treatment plan" means a plan identifying the child's strengths, needs, general functioning, and plan for providing services to the child to include specific goals and objectives for services, accommodations, and intervention strategies. The individual service, recreation, education, or treatment plan clearly shows documentation and reassessment or evaluation strategies.

"Infant" means a child from birth up to 16 months.

"Lead teacher" means the individual designated to be responsible for the direct supervision of children and for the implementation of the activities and services for a group of children. The term lead teacher is used to interpret the term "program leader" in Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia.

"Licensee" means a person to whom a conditional license, license, or provisional license has been issued and who is legally responsible for compliance with the licensing standards related to the operation or maintenance of the center.

"Overnight care" means care provided after 7 p.m. and past midnight.

"Parent" means a parent, guardian, legal custodian, or other person that has control or charge of a child.

"Physician's designee" means an advanced practice registered nurse, licensed physician assistant, licensed nurse (RN or LPN), or health assistant acting under the supervision of a physician.

"Play yard" means a framed enclosure that includes a floor and is primarily intended to provide an area for a child to play.

"Preschool age" means a child who is at least three years of age but has not reached five years of age by September 30 of the school year.

"Primitive camp" means a camp where places of abode, water supply system, or permanent toilet and cooking facilities are not usually provided.

"Programmatic experience" means the supervision of children in a structured setting. Experience shall be calculated based on full-time work (30 hours per week or more) or its part-time equivalent. Experience settings may include a child day program, family day home, child day center, boys and girls club, continuing education, field placement, elementary school, or a religious institution.

"Protective surfacing" means impact absorbing materials for indoor and outdoor use, under and around playground equipment.

"Sanitized" means treated to remove germs, bacteria, and viruses from inanimate surfaces. Sanitizing is accomplished in two steps following cleaning; first by using a sanitizing agent or physical agent (e.g., heat), and second, by allowing the sanitizing agent to air dry on the surface for a minimum of two minutes or according to the manufacturer's instructions.

"Sanitizing agent" means a solution or wipe approved by the U.S. Environmental Protection Agency for sanitizing or disinfecting or a bleach solution made daily.

"School-age" means a child who will have reached the child's fifth birthday on or before September 30 of the school year. Children four or five years of age children may be considered school-age during the summer months if the children will be entering kindergarten that year.

"Short-term program" means a child day center that operates fewer than 12 weeks a year.

"Special needs child day program" means a program exclusively serving children with special needs.

"Staff" or "staff member" means an individual who is at least 16 years of age and (i) works with children at the facility or (ii) is involved in the day-to-day operation of the center.

"Superintendent" means the Superintendent of Public Instruction at the Department of Education and, except when prohibited by law, includes the superintendent's representatives.

"Therapeutic child day program" means a specialized program, including therapeutic recreation programs, exclusively serving children with special needs when an individual service, recreation, education, or treatment plan is developed and implemented with the goal of improving the functional abilities of the children in care.

"Toddler" means a child from 16 months of age up to 24 months of age.

"Twos" means a child from 24 months of age to 36 months of age.

"Use zone" means the surface under and around a piece of equipment onto which a child falling or exiting from the equipment would be expected to land. Use zone areas are also designated for unrestricted circulation around the equipment.

"Volunteer" means an individual who (i) is at least 13 years of age, (ii) works at a center without compensation, (iii) is not counted in the staff-to-child ratios, and (iv) is at all times within sight and sound supervision of a staff member when with a child. An unpaid individual not meeting this definition is considered "staff" and shall meet staff requirements.

"Wading" means a waterplay activity in which children stand, walk, or sit in water less than two feet deep.

8VAC20-781-20. Purpose and applicability.

A. The purpose of these standards is to protect children under the supervision of licensed child day centers by ensuring that the activities, services, and facilities of centers are conducive to the well-being of children.

B. This chapter applies to child day centers that are required to be licensed by Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia.

Part II

Administration

8VAC20-781-30. Operational responsibilities.

A. The licensee shall ensure compliance with federal, state, or local laws and regulations.

B. The licensee shall maintain public liability insurance for bodily injury for each center premises with a minimum limit of at least $500,000 for each occurrence and with a minimum limit of $500,000 aggregate. A public sponsor may have equivalent self-insurance that is in compliance with the Code of Virginia.

C. The center shall maintain a written list, for each group of children, of important health conditions and dietary restrictions. The center shall inform staff about the list. The list shall only be accessible to staff and shall have the most recent date of revision clearly stated. This up-to-date list shall be in each room or area where children are present and kept confidential unless written permission is received from the parent to post, display, or share.

D. A hospital-operated center may temporarily exceed its license capacity during a natural disaster or emergency situation according to the center's emergency preparedness and response plan.

E. When children 13 years of age or older are in care of the program and receive supervision in the licensed program, those children shall be counted in the number of children receiving care and the center shall comply with this chapter in providing care for those children.

F. When children of staff are present at the facility and engaged in activities or under the supervision of staff, including the parent, who are supervising other children enrolled in the program, those children shall be considered enrolled for purposes of this chapter.

G. The center shall implement policies for the possession and administration of undesignated or stock epinephrine pursuant to § 22.1-289.059 of the Code of Virginia that ensure:

1. Undesignated or stock epinephrine is only administered by a nurse at the center, an employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine, or staff at the center authorized by a prescriber and trained in the administration of epinephrine pursuant to 8VAC20-781-170 C to a child believed to be having an anaphylactic reaction;

2. At least one nurse at the center or an employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine, or staff at the center authorized by a prescriber and trained in the administration of epinephrine pursuant to 8VAC20-781-170 C has the means to access at all times during regular facility hours appropriate weight-based dosages of undesignated or stock epinephrine based on the children in care at the center; and

3. Undesignated or stock epinephrine is stored in a locked or inaccessible container or area in the center.

8VAC20-781-40. Recordkeeping.

A. Staff and children's records shall be treated confidentially. A child's record required by this chapter shall be made available to the child's parent in accordance with § 20-124.6 of the Code of Virginia. Information in the child's record shall not be made public without the written consent of the parent.

B. Records and reports on children and staff required by this chapter shall be maintained and made accessible for two years after termination of services or separation from employment unless otherwise specified in this chapter.

C. The licensee shall keep all records required by 8VAC20-781-50 through 8VAC20-781-80 in locked files or a secure electronic file, except for those required to be accessible pursuant to 8VAC20-781-590, and access to the files should be restricted according to a principle of least privilege. Records shall remain accessible during power outages and emergencies.

D. Records required by this chapter shall be kept current and accurate.

8VAC20-781-50. Children's records.

A. Each center shall maintain and keep on the premises a separate record for each child enrolled.

B. Each enrolled child's record shall contain the following information before the first day of attendance, unless otherwise stated:

1. Name, preferred name (if any), sex, birth date of the child, and address;

2. Name, home address, and telephone number of each parent who has custody;

3. Name and telephone number of two designated people to call in an emergency if a parent cannot be reached;

4. Names of persons to whom the child may be released, including agencies with whom the parent has a contract in place to provide a specialized service to the child. Appropriate legal paperwork shall be on file when a custodial parent requests the center not to release the child to the other parent;

5. A list of health issues, including allergies, intolerances to medication or other substances, chronic physical or medical conditions, special needs, dietary restrictions, dietary preferences, pertinent behavioral or developmental information, and special accommodations needed;

6. For items in subdivision 5 of this section that are reasonably likely to result in a medical emergency, an emergency care plan that has been developed in consultation with a physician or a physician's designee;

7. Written agreements as required by 8VAC20-781-410;

8. Previous child day care and schools attended by the child, as well as any child day care or school concurrently attended by the child;

9. Documentation of viewing proof of the child's identity and age as outlined in § 22.1- 289.049 of the Code of Virginia;

10. Documentation of health information as required by 8VAC20-781-80. When a center assumes responsibility for the child directly from a school or the center transfers responsibility of the child directly to the school, the center is not required to maintain documentation required by 8VAC20-781-80 A and B of the school's records for that child;

11. Documentation of the enrollment of a child experiencing homelessness enrolled under the provision of 8VAC20-781-80 C; and

12. The date of initial attendance and the last day of attendance.

C. The center shall document annually that the parent has confirmed that information in the child's record is accurate.

8VAC20-781-60. Staff records.

The following records shall be kept for each staff member:

1. Name, address, verification of age requirement, current job title, and dates of employment or volunteering;

2. Background check information shall be maintained in accordance with the requirements in 8VAC20-770;

3. Documentation that the individual meets the appropriate qualifications and training in Part III (8VAC20-781-90 et seq.) of this chapter. The documentation of training shall include (i) the name of the staff member; (ii) the date of the training; (iii) the training topic; (iv) evidence that the training has been completed; (v) the person providing the training; and (vi) the number of training hours or credit hours received;

4. Health information as required by 8VAC20-781-80; and

5. Information, to be kept on the premises, about health problems that may interfere with fulfilling the job responsibilities.

8VAC20-781-70. Attendance records; reporting.

A. The center shall maintain a record of daily attendance that documents the arrival and departure times of each child as arrival and departure occur.

B. The licensee shall ensure that staff in each group of children maintains a list of children that accurately reflects the children in the licensee's care.

C. The center shall inform the superintendent as soon as practicable, but not to exceed one business day, of the circumstances surrounding the following incidents:

1. Death of a child while under the center's supervision;

2. Missing child when local authorities have been contacted for help;

3. The suspension or termination of all child care services for more than 24 hours as a result of an emergency situation and plans to resume child care; and

4. A situation in which a child's whereabouts was unknown, including a child left unattended or unsupervised, a lost or missing child, or a child who wandered away unattended from the facility.

D. The center shall inform the superintendent as soon as practicable but not to exceed two business days after learning about an injury while a child is under the supervision of the center that required professional medical attention outside of basic first aid.

E. If the center or a person employed by the center has reason to suspect that a child is an abused or neglected child, such person shall report the matter immediately in accordance with § 63.2-1509 of the Code of Virginia.

F. A center shall immediately report an outbreak of disease as defined by the State Board of Health to the local health department, as required by § 32.1-37 of the Code of Virginia.

8VAC20-781-80. Health provisions.

A. Immunizations. The center shall comply with the health provisions of § 22.1-271.2 of the Code of Virginia.

B. Physical examinations.

1. The center shall obtain documentation of a report from a qualified licensed physician, or an advanced practice registered nurse or licensed physician assistant acting under the supervision of a licensed physician, of a comprehensive physical examination performed within (i) 12 months before the date a child first attends the center or (ii) 30 days after the first day of attendance.

2. A physical examination shall not be required of a child whose parent objects on religious grounds and who shows no visual evidence of sickness, provided that the parent shall state in writing that, to the best of the parent's knowledge, the child is in good health and free from a communicable or contagious disease.

C. If a child is experiencing homelessness and does not have documentation of the required immunizations and physical examination, the center shall allow the child to attend during a grace period of no more than 90 days to allow the parent time to obtain documentation of the required documents.

D. Tuberculosis.

1. Before a staff member's date of employment, the results of a screening assessment documenting the absence of tuberculosis in a communicable form shall be submitted to the center. The documentation shall contain the elements of the current tuberculosis screening form published by the Virginia Department of Health and shall have been completed within 90 calendar days before coming in contact with children at the center.

2. A staff member or volunteer who develops symptoms compatible with active tuberculosis disease, regardless of the date of the last tuberculosis screening or assessment, shall immediately obtain and submit a new tuberculosis screening form required in subdivision 1 of this subsection.

3. A staff member or volunteer who comes into contact with a known case of infectious tuberculosis shall immediately obtain and submit to the center a new tuberculosis screening form required in subdivision 1 of this subsection. Until a new screening form is issued that documents the absence of tuberculosis in a communicable form, the staff member shall not have contact with children.

Part III

Staff Qualifications and Training

8VAC20-781-90. Director qualifications.

A. Directors shall be at least 21 years of age and shall have a high school diploma or the equivalent.

B. The director shall meet one of the following education and experience qualification options, as well as three months of experience in a supervisory capacity:

1. A bachelor's or graduate degree in a child-related field, such as child development, early childhood education, elementary education, recreation, or nursing, and three months programmatic experience.

2. Forty-eight college credits with 12 college credits in child-related courses and six months of programmatic experience;

3. The requirement for a lead teacher in 8VAC20-781-110 B 1 and one year of programmatic experience; or

4. The requirement for a lead teacher in 8VAC20-781-110 B 2 and two years of programmatic experience.

C. Directors without experience in a supervisory capacity shall complete, within 10 business days of employment or promotion, 10 hours of management training that includes information on supervising, orienting, training, and scheduling.

D. Notwithstanding subsection A of this section, an individual who is at least 19 years of age may serve as a director at a short-term program.

E. A director employed before (insert effective date of regulation) who met the education and experience qualifications in effect immediately before (insert effective date of regulation), and who has been continuously employed as a child day center director is considered to have met the requirements of this section.

8VAC20-781-100. Director responsibilities.

A. The licensee shall ensure that the director or one or more staff designated to assume the director's responsibilities who meets the requirements of 8VAC20-781-90 and who has received orientation and training on operation in the director's absence is on the premises for at least 50% of the center's hours of operation each week.

B. When the director or designee is not on the premises, the licensee shall designate a staff member at least 18 years of age to be on the premises of the center to oversee the administration of the center during the center's hours of operation.

8VAC20-781-110. Lead teacher qualifications.

A. Lead teachers shall be at least 18 years of age and shall have a high school diploma or the equivalent.

B. Lead teachers shall meet a director qualification stated in 8VAC20-781-90 or one of the following education and experience requirements:

1. Three months of programmatic experience and one of the following:

a. A one-year community college certificate in a child-related field with a minimum of 30 total college credits;

b. A career studies certificate in a child-related field with a minimum of 12 total college credits;

c. A teaching diploma from an internationally or nationally recognized Montessori organization; or

d. A credential in a child-related field by an organization listed in § 22.1-289.048 of the Code of Virginia or an equivalent credential recognized by the department.

2. Six months of programmatic experience and:

a. A Virginia endorsement in a child-related field approved by the department; or

b. Twenty-four hours of training in the following topics: child development, behavior guidance, playground safety, and health and safety issues. This training shall be completed before being promoted or beginning work or within 60 days after being promoted or beginning work. Orientation training required by 8VAC20-781-130 B and C shall not be used to meet this qualification.

C. Lead teachers at short-term programs shall have a minimum of 200 hours of programmatic experience, of which up to 24 hours can be formal training.

D. A lead teacher employed before (insert effective date of regulation), who met the education and experience qualifications in effect immediately before (insert effective date of regulation), and who has been continuously employed as a child day center lead teacher is considered to have met the requirements of this section.

8VAC20-781-120. Driver qualifications and requirements.

A. An individual who drives a vehicle to transport children for the center shall (i) be at least 18 years of age; (ii) possess a valid driver's license that authorizes the driver to operate the vehicle being driven; and (iii) provide, before transporting children, a driving record obtained from the state department of motor vehicles that issued the current license.

B. Centers that have obtained insurance for all individuals who transport children shall not be required to provide a driving record as required in subsection A of this section.

8VAC20-781-130. Orientation training.

A. The licensee shall ensure that all staff who will work with children complete the preservice training sponsored by the department within 90 calendar days of their date of employment. A staff member who has documentation of completing the preservice training shall not be required to retake the course.

B. The center shall provide orientation training to all staff who will work with children. The orientation training shall be completed by staff before working alone with a child and within seven days of the staff member's date of employment. The orientation training shall include all the following facility specific topics relevant to the staff member’s job responsibilities:

1. Recognizing child abuse and neglect and the legal requirements for reporting suspected child abuse and neglect as required by § 63.2-1509 of the Code of Virginia;

2. Introduction and orientation to each child assigned to staff, including health issues documented according to 8VAC20-781-50 B 5;

3. Child development;

4. Classroom management;

5. Abusive head trauma prevention and, if serving infants or toddlers, prevention of shaken baby syndrome, coping with crying babies and distraught children;

6. Safe sleeping practices and sudden infant death syndrome awareness;

7. Playground safety to include (i) how staff will engage in the active supervision of children and (ii) maintenance of equipment and protective surfacing;

8. The supervision of children and all the requirements of Part V (8VAC20-781-260 et seq.) of this chapter to include (i) methods of active supervision of children; (ii) how the center will ensure that each group of children receives care by consistent staff or team of staff members; (iii) how the center will identify where children are at all times, including during group transitions and field trips; (iv) actions to take when a child arrives after scheduled activities have begun, including field trips or when the group is off site or not in the assigned room when the child arrives; and (v) maintaining staff-to-child ratios;

9. Assuming and releasing care of children to include (i) the method of confirming the absence of a child when the child is scheduled to arrive from another program or from an agency responsible for transporting the child to the center; (ii) the method for verifying that children are released only to individuals authorized by the parents; and (iii) child pickup after normal hours, during emergencies, and when a child's class is off site or not in the assigned area;

10. Actions to take in case of a lost or missing child, ill or injured child, or when a child has a medical or other emergency;

11. Confidentiality, including how records will be kept confidential and secure and how the privacy of children will be maintained, including expectations for communications, use of technology, and social media;

12. Food service, storage, safety and preparation, and nutrition, according to the requirements of 8VAC20-781-610 and 8VAC20-781-620;

13. Emergency procedures and written safety rules according to requirements of 8VAC20-781-450 and 8VAC20-781-460;

14. Emergency preparedness and response according to the requirements of Part IX (8VAC20-781-580 et seq.) of this chapter;

15. The center's transportation policies according to the requirements of 8VAC20-781-630 and 8VAC20-781-640, including accounting for children before leaving for a field trip, upon arriving at a field trip site, before leaving a field trip site, upon returning to the center, and during any stops on the field trip;

16. The center's policies and procedures for medication according to the requirements of Part VIII (8VAC20-781-510 et seq.) of this chapter;

17. Behavior guidance according to the requirements of 8VAC20-781-370 and 8VAC20-781-380;

18. Parent engagement, communication, notification, and agreements according to the requirements of 8VAC20-781-390, 8VAC20-781-400, and 8VAC20-781-410;

19. Preventing the spread of disease and infection control according to the requirements of Part VII (8VAC20-781-470 et seq.) of this chapter; and

20. Prevention of and response to emergencies due to food and other allergies, including:

a. Recognizing the symptoms of an allergic reaction;

b. Responding to allergic reactions;

c. Preventing exposure to the specific foods and other substances to which a child is allergic; and

d. Preventing cross-contamination.

C. The licensee shall ensure that all staff who work with children, within 30 days of the staff member's date of employment, complete an overview of first aid and cardiopulmonary resuscitation (CPR) skills.

D. The licensee shall ensure that the director completes the prelicensure orientation sponsored by the department within 60 days of the director's date of employment or promotion. A director who has documentation of completing the prelicensure orientation shall not be required to retake the orientation.

E. Volunteers who regularly work with children more than eight hours per week shall receive training on the center's emergency procedures within the first week of volunteering. The center shall document and maintain a record that the volunteer received the training.

F. Parents or other persons who participate in a cooperative preschool center on behalf of a child attending such cooperative preschool center, including such parents and persons who are counted for the purpose of determining staff-to-child ratios, shall be exempt from orientation and training requirements applicable to staff of child day programs by this section. This orientation and training exemption shall not apply to a parent or other person who participates in a cooperative preschool center that has entered into a contract to provide child care services funded by the Child Care and Development Block Grant.

8VAC20-781-140. Ongoing training.

A. The licensee shall ensure that all staff complete annual training on emergency preparedness and response, child abuse and neglect, and mandated reporter requirements.

B. The licensee shall ensure that all staff who work with children complete at least 16 hours of ongoing training each year. Of these 16 hours, three hours shall include the department's health and safety update course. The ongoing training shall not include the training required by 8VAC20-781-130 B or C. The ongoing training shall be relevant to the staff member's job responsibilities and appropriate to the age of children in care.

C. Notwithstanding the requirements of 8VAC20-781-140 B, a center that runs a short-term program shall ensure that all staff who work with children complete at least 10 hours of ongoing training each year.

D. Volunteers who regularly work with children more than eight hours per week shall be required to complete annual training on the center's emergency procedures. The center shall document and maintain a record that the volunteer received the training.

E. Parents or other persons who participate in a cooperative preschool center on behalf of a child attending such cooperative preschool center, including parents and persons who are counted for the purpose of determining staff-to-child ratios, shall only be required to complete four hours of ongoing training each year. A parent or other person who participates in a cooperative preschool center that has entered into a contract to provide child care services funded by the Child Care and Development Block Grant shall complete the training requirements applicable to all centers by this section.

8VAC20-781-150. First aid training and cardiopulmonary resuscitation (CPR).

A. The licensee shall ensure that at least two staff members who have the following certifications are present on the premises whenever a child is in care:

1. Current certification in cardiopulmonary resuscitation (CPR) as appropriate to the age of the children in care from an individual or organization holding instructor certification. The training shall include an in-person competency demonstration; and

2. Current certification in first aid from an individual or organization holding instructor certification.

B. The licensee shall ensure that at least one staff member in each classroom, area, or in each group of children on field trips where children are present meets the qualifications in subsection A of this section.

C. A primitive camp shall have one staff member on the premises who has a current certification in emergency medical responder training whenever the primitive camp has assumed responsibility for supervising a child.

D. Medical professionals with a current license or certification shall not be required to obtain first aid certification.

8VAC20-781-160. Daily health observation training.

A. The licensee shall ensure that there is at least one staff member on the premises who has obtained instruction within the last three years in performing daily health observations of children whenever the center has assumed responsibility for supervision of a child.

B. Daily health observation training shall include the following:

1. Components of daily health check for children;

2. Inclusion and exclusion of the child from the class when the child is exhibiting physical symptoms that show possible illness;

3. Descriptions of how diseases are spread and the procedures or methods for reducing the spread of disease;

4. Information concerning the Virginia Department of Health Notification of Reportable Diseases pursuant to 12VAC5-90-80 and 12VAC5-90-90, also available from the local health department and the website of the Virginia Department of Health; and

5. Staff occupational health and safety practices in accordance with Occupational Safety and Health Administration's bloodborne pathogens regulation (29 CFR 1910.1030).

C. The licensee shall ensure that a trained staff member conducts a daily health observation of each child as close to arrival as possible and whenever staff responsible for the care of a child notes a change in behavior or appearance.

8VAC20-781-170. Medication administration training.

A. The licensee shall ensure that the administration of prescription medication is performed by a staff member who (i) is licensed by the Commonwealth of Virginia to administer such medications or (ii) is qualified under § 54.1-3408 O of the Code of Virginia to administer medication to a child in a child day program and has satisfactorily completed a training program approved by the Board of Nursing and taught by a registered nurse, licensed practical nurse, an advanced practice registered nurse, physician assistant, doctor of medicine or osteopathic medicine, or pharmacist.

B. To safely perform medication administration practices listed in 8VAC20-781-530, whenever the center has agreed to administer over-the-counter medications other than topical skin gel, cream, or ointment, the administration shall be performed by a staff member who has satisfactorily completed a training course developed or approved by the department in consultation with the Virginia Department of Health and the Board of Nursing and taught by a registered nurse, licensed practical nurse, an advance practice registered nurse, physician assistant, doctor of medicine or osteopathic medicine, or pharmacist or by a staff member who is licensed by the Commonwealth to administer medications.

C. The administration of undesignated or stock epinephrine shall be performed by:

1. A nurse at the center or employee of a local health department authorized by a prescriber and trained in the administration of epinephrine;

2. A staff member at the center who is authorized by a prescriber and meets the requirements of subsections A, B, and D of this section;

3. A staff member who has satisfactorily completed a training course developed or approved by the department in consultation with the Virginia Department of Health; or

4. A staff member who has satisfactorily completed a course taught by a registered nurse, licensed practical nurse, an advance practice registered nurse, physician assistant, doctor of medicine or osteopathic medicine, or pharmacist that includes the following:

a. Recognizing signs and symptoms of anaphylaxis;

b. Emergency procedures for responding to anaphylaxis; and

c. Instructions and procedures for administering epinephrine.

D. Staff required to have medication administration training and training in the administration of undesignated or stock epinephrine shall be retrained at three-year intervals.

8VAC20-781-180. Driver training requirements.

The licensee shall ensure that an individual who drives a vehicle to transport children has received the following training before transporting children under the supervision of the center:

1. Proper use of child safety restraints in accordance with Virginia state law;

2. Proper loading, unloading, and tracking of children per center policies;

3. Issues that may arise in transporting children with behavioral issues;

4. The location of first aid supplies;

5. The emergency procedures for the vehicle, including actions to be taken if an accident occurs, vehicle malfunction, and medical emergencies; and

6. The center's transportation policies according to the requirements of 8VAC20-781-630 and 8VAC20-781-640, including accounting for children before leaving for a field trip, upon arriving at a field trip site, before leaving a field trip site, upon returning to the center, and any stops on the field trip.

Part IV

Physical Plant

8VAC20-781-190. Initial approval from other agencies; requirements before initial licensure.

A. Before issuance of an initial license, the center shall submit to the superintendent written documentation of the following:

1. Inspection by the authority that has jurisdiction that each building is in compliance with applicable building and fire codes or that the authority has approved a plan of correction for areas of noncompliance; and

2. Inspection from the local health department that each building is in compliance with applicable health codes with regard to water supply, sewage disposal system, and food service, if applicable, or a plan of correction approved by the local health department for areas of noncompliance.

B. A building that is currently approved for school occupancy and houses a public or private school during the school year shall be considered to have met the requirements of subdivision A 1 of this section when housing a center only serving children two and a half years of age or older.

C. Asbestos.

1. For buildings built before 1978, the center shall submit the following before the initial license is issued:

a. A written statement from a person licensed in Virginia as an asbestos inspector and management planner as required by § 22.1-289.052 of the Code of Virginia and the requirements of the Asbestos Hazard Emergency Response Act (15 USC § 2641 et seq.); and

b. A written statement that the response actions to abate risks to human health have been or will be initiated in accordance with a specific schedule and plan as recommended by the asbestos management planner in accordance with § 22.1-289.052 of the Code of Virginia.

2. If the asbestos inspector determines that there is asbestos on the premises, the center shall post a notice that (i) identifies the presence and location of asbestos containing materials and (ii) advises that the asbestos inspection report and management plan are available for review.

D. Lead.

1. For buildings built before 1978, the center shall submit the following before the initial license is issued:

a. A written statement from a person licensed in Virginia as a lead risk assessor who meets the requirements of § 54.1-500 of the Code of Virginia; and

b. A written lead risk assessment shall state that either (i) no lead was detected, (ii) lead was detected and response actions to abate risks to human health have been completed, or (iii) lead was detected and response actions to abate risks to human health have been recommended in accordance with a specified schedule.

2. A notice regarding the presence and location of lead containing materials advising that the lead inspection report and management plan are available for review shall be posted.

3. The provisions of this subsection do not apply to centers licensed before (insert the effective date of this chapter).

E. The provisions of subsections C and D of this section do not apply to centers located in buildings required to be inspected according to Article 5 (§ 2.2-1162 et seq.) of Chapter 11 of Title 2.2 of the Code of Virginia.

F. Before the first license is issued, primitive camps shall (i) notify the responsible fire department and emergency medical service of the primitive camp location and hours of operation and (ii) maintain documentation of the notifications.

8VAC20-781-200. Annual and renewal approval from other agencies; requirements after initial licensure.

A. Before use of newly constructed, renovated, remodeled, or altered buildings or sections of buildings, the center shall submit to the superintendent written documentation of the following:

1. Inspection by the authority that has jurisdiction that each building is in compliance with applicable building and fire codes or that the authority has approved a plan of correction for areas of noncompliance; and

2. Inspection from the local health department that each building is in compliance with applicable health codes with regard to water supply, sewage disposal system, and food service, if applicable, or a plan of correction approved by the local health department for areas of noncompliance.

B. A building that is currently approved for school occupancy and houses a public or private school during the school year shall be considered to have met the requirements of subdivision A 1 of this section when housing a center only serving children two and a half years of age or older.

C. The center shall provide to the superintendent an annual fire inspection report from the appropriate fire official that has jurisdiction.

D. If a center is located in a building currently housing a public or private school, the center shall provide the school's annual fire inspection report.

E. The center shall provide to the superintendent an annual inspection from the local health department that each building is in compliance with applicable health codes with regard to water supply, sewage disposal system, and food service, if applicable, or a plan of correction approved by the local health department for areas of noncompliance.

F. If a center is using a building where asbestos containing materials were detected and not removed, the center shall follow the recommendations of the management plan and ensure the following:

1. A signed, written statement that the center is following the recommendations of the management plan shall be submitted to the superintendent before a license is issued.

2. The notice regarding the presence and location of asbestos containing materials and advising that the asbestos inspection report and management plan are available for review shall continue to be posted.

3. The provisions of this subsection do not apply to child day centers located in buildings required to be inspected according to Article 5 (§ 2.2-1162 et seq.) of Chapter 11 of Title 2.2 of the Code of Virginia.

G. Primitive camps shall (i) notify the responsible fire department and the responsible emergency medical service of changes in the primitive camp location and hours of operation and (ii) maintain documentation of the notifications.

H. For those buildings built before 1978 where lead is detected and not removed:

1. A signed, written statement that the center is following the recommendations of the management plan shall be submitted to the department before a license is issued.

2. A notice regarding the presence and location of lead advising that the lead inspection report and management plan are available for review shall continue to be posted.

3. The provisions of this subsection do not apply to child day centers located in buildings required to be inspected according to Article 5 (§ 2.2-1162 et seq.) of Chapter 11 of Title 2.2 of the Code of Virginia.

4. The provisions of this subsection do not apply to centers licensed before (insert the effective date of this chapter).

8VAC20-781-210. Building maintenance.

A. The center shall maintain the areas and equipment of the center, inside and outside, in a clean, safe, and operable condition. Unsafe conditions include splintered, cracked, or otherwise deteriorating wood; peeling paint; visible cracks, bending, warping, rusting, or breakage of equipment; loose or unsecured cords within reach of children; and unstable heavy equipment, furniture, or other items that a child could pull down.

B. The licensee shall ensure the following:

1. Hot water accessible to children does not exceed 120°F.

2. The heating system shall (i) be installed to prevent accessibility of the system to children and (ii) have appropriate barriers to prevent children from being burned, shocked, or injured from heating equipment. In addition, proper supervision shall be available to prevent injury.

3. Portable heaters shall only be used to provide or supplement heat if a power failure or similar emergency occurs. The licensee shall ensure that portable heaters are inaccessible to children and have the seal of approval of a nationally recognized testing laboratory or are approved by the state or local fire official. Portable heaters shall not be used within three feet of combustible materials and shall be used in accordance with manufacturer instructions.

4. Portable camping equipment for heating or cooking that is not required to be approved by the building official shall bear the label of a nationally recognized inspection agency and be used in accordance with manufacturer specifications, except for charcoal and wood-burning cooking equipment.

5. Unvented fuel burning heaters are not used when children are in care.

6. Electrical outlets and surge protectors accessible to children who are preschool age and younger are tamper-resistant or have protective covers.

7. Electrical cords are not spliced, deteriorated, or damaged, and unsecured electrical cords are inaccessible to children preschool age and younger.

8. Extension cords have the seal of a nationally recognized testing laboratory, are not overloaded, and are not placed through doorways, under carpeting, or across water source areas.

9. When in use, fans shall be out of reach of children and cords shall be secured.

10. In inside areas occupied by children, the temperature shall be maintained no lower than 68°F.

11. When the temperature of indoor areas occupied by children exceeds 80°F, fans or other cooling systems are used.

12. Safe drinking water is available to children at all times.

13. Equipment shall include (i) outside lighting provided at entrances and exits used by children before sunrise or after sundown and (ii) an in-service telephone or cell phone that is operable and accessible to staff on premises during the center's hours of operation.

14. Hazardous mechanical or electrical equipment are inaccessible to children.

C. Pursuant to § 22.1-289.058 of the Code of Virginia, each building built before 2015 used to operate a licensed child day center shall be equipped with one carbon monoxide detector.

D. Pursuant to § 22.1-289.057 of the Code of Virginia, the license shall:

1. a. Develop and implement a plan to test potable water;

b. Remediate and retest if necessary; and

c. Submit results of initial testing and retesting to the superintendent and the Department of Health’s Office of Drinking Water; or

2. Use for human consumption, as defined by § 32.1-167, bottled water, water coolers, or other similar water source that meets the U.S. Food and Drug Administration (FDA) standards for bottled water. The licensee shall notify the superintendent, the Virginia Department of Health's Office of Drinking Water, and the parent of each child enrolled in the program if the water is not tested or if the program does not remediate when lead is present and instead chooses to use another water source that meets FDA standards for bottled water.

8VAC20-781-220. Hazardous substances and other harmful agents.

A. The licensee shall ensure that hazardous substances and chemicals, including cleaning products, sanitizing agents, pesticides, flammable and explosive materials, and substances labeled as keep out of reach of children, toxic, danger, caution, warning, flammable, harmful if swallowed, causes burns, harmful vapor, or poison are stored in the following manner:

1. Inaccessible to children in a location that is locked. If a key is used, the key shall be inaccessible to children;

2. In the original container or a substitute container with the contents clearly labeled; and

3. In areas physically separate from food and items used for food preparation or food service.

Cleaning supplies to clean and sanitize the diapering area or toilet chairs do not need to be kept locked during diapering or toilet training time if they are inaccessible to children.

B. Items such as cosmetics, personal care items, and air fresheners that are used exclusively by staff or volunteers shall be inaccessible to children but are not required to be locked.

C. The licensee shall ensure that smoking and the use of electronic smoking devices are prohibited in the interior of a center while children are in care, in vehicles when children are being transported, or outdoors in the presence of children.

D. Hazardous items.

1. Empty plastic bags large enough for a child's head to fit inside, disposable gloves, and rubber or latex balloons shall be inaccessible to children younger than three years of age;

2. Items with a diameter of less than 1-1/4 inch and a length of less than 2-1/4 inches shall be inaccessible to children younger than three years of age; and

3. Strings and cords long enough to encircle a child's neck, such as those found on window blinds or drapery cords, shall be inaccessible to children younger than six years of age.

8VAC20-781-230. Areas.

A. Indoor space shall be measured inside wall-to-wall, excluding spaces not routinely used by children. Areas not routinely used for children's activities, such as offices, hallways, restrooms, kitchens, storage rooms, or closets, shall not be calculated as available space.

B. Centers shall have 35 square feet of indoor space available for each child.

C. Licensees that were licensed before (insert the effective date of this regulation) and subsequent licensees that operate in buildings approved before June 1, 2008, shall have 25 square feet of indoor space available for each child 16 months of age and older.

D. The center shall designate a separate space for children who are ill or injured.

E. The licensee shall ensure that space utilized for an outside play area has at least 75 square feet of space per child.

F. For centers licensed for the care of infants or toddlers, at least 25 square feet of the 75 square feet required in subsection E of this section shall be an unpaved surface.

G. Infants and toddlers shall have a separate outdoor play area or shall not occupy the outdoor play area at the same time as preschool and school-age children.

8VAC20-781-240. Toileting areas and furnishings.

A. Centers shall have at least two toilets and two sinks.

B. The licensee shall ensure that each toileting area provided for children:

1. Is within a contained area, readily available, and within the building used by the children. Toilets used by children at primitive camps are not required to be located within the building.

2. Has flushable toilets.

3. Has sinks located near the toilets that are supplied with running water.

4. Is equipped with a lined waste container, soap, toilet paper, and disposable towels or an air dryer within reach of children.

C. Centers shall have at least one toilet and one sink per 20 preschool children and at least one standard-size toilet and one sink per 30 school-age children. When sharing restroom areas with other programs, the children in those programs shall be included in the toilet and sink ratio calculations. The toilet and sink ratio appropriate to the younger age group shall apply. Urinals shall not count for more than 50% of the number of toilets in the toileting area.

D. When child-size toilets, urinals, and low sinks are not available in restrooms used by children of preschool age and younger, one or more platforms or sets of steps shall be provided. Platform steps shall be anchored or broad based to prevent toppling and have a non-slip surface.

E. A toileting area used for school-age children shall have at least one toileting area enclosed.

8VAC20-781-250. Indoor and outdoor play areas and equipment.

A. Outdoor play areas shall be located and designed to protect children from hazards including bodies of water and vehicular traffic.

B. Indoor and outdoor playground and climbing equipment shall be age appropriate for the children using it.

C. For child day centers licensed before (insert the effective date of this regulation), where playground equipment is provided, protective surfacing shall comply with minimum safety standards when tested in accordance with the procedures described in the American Society for Testing and Materials standard F1292-99 as shown in Table 1 (Compressed Loose Fill Synthetic Materials Depth Chart) and Table 2 (Use Zones for Equipment) below and shall be under equipment with moving parts or climbing apparatus to create a use zone free of hazardous obstacles. A use zone shall encompass sufficient area to include the child's trajectory if a fall occurs while the equipment is in use. Where steps are used for accessibility, protective surfacing is not required.

Table 1. Compressed Loose Fill Synthetic Materials Depth Chart
Loose-fill Material Type	Required Depth	Maximum Equipment Fall Height
Engineered wood fiber	6 inches	7 feet
	9 inches	8 feet
Pea gravel	6 inches	4 feet
	9 inches	5 feet
Recycled shredded rubber	6 inches	8 feet
Sand	6 inches	8 feet
Wood chips	6 inches	7 feet
	9 inches	8 feet
Wood mulch	6 inches	7 feet
	9 inches	10 feet
Wood mulch-double shredded	6 inches	6 feet
	9 inches	10 feet

D. Depth requirements in this section are required unless the facility has received documentation of third-party laboratory testing verifying that the type, depth of protective surfacing, or installation process used at the facility complies with the most recent recommendations by the U.S. Consumer Product Safety Commission's (CPSC) Public Playground Safety Handbook.

Table 2. Use Zones for Equipment
Equipment	Use Zone
Stationary Equipment	Six feet on all sides of the equipment.
Slides	Six feet on all sides. The use zone in front of the exit shall be a minimum of 6 feet and at least as long as the slide is high up to a maximum of 8 feet.
Swings	Six feet on each side. Twice the height of the swing beam in the front and back of the swing.

E. For child day centers licensed after (insert the effective date of this regulation) where playground equipment is provided, protective surfacing and use zones shall comply with protective surfacing requirements in the most current U.S. Consumer Product Safety Commission's (CPSC) Public Playground Safety Handbook.

F. Use zones shall be free of obstacles, including containment barriers for protective surfacing, and shall extend a minimum of six feet in all directions from the perimeter of the equipment.

G. Climbing equipment and swings shall not be installed over asphalt or concrete unless the asphalt or concrete is:

1. Covered with a properly installed unitary surfacing material; or

2. Covered with a loose-fill surfacing system (see Table 3). A loose-fill surfacing system shall include the following layers of protection:

a. Immediately over the hard surface there shall be a three- to six-inch base layer of loose-fill gravel for drainage;

b. The next layer shall be a geo-textile cloth;

c. On top of the geo-textile cloth there shall be a loose-fill layer meeting the requirements of Table 1 of this section; and

d. Impact attenuating mats shall be embedded in the top loose-fill layer in high traffic areas. High traffic areas include underneath swings, at slide exits, and other places where displacement is likely.

Table 3. Loose-Fill Surfacing System Requirements for Use Over Asphalt or Concrete

Layer 5: Impact mats- under swings and slide exits

Layer 4: Loose-fill surface material- as required by 8VAC20-781-250 C

Layer 3: Cloth barrier- geo-textile cloth

Layer 2: Drainage layer- three to six inches of gravel

Layer 1: Hard Surface of existing asphalt or concrete

H. Ground supports shall be covered with materials that protect children from injury.

I. Swing seats shall be constructed with flexible material such as rubber, canvas, or nylon.

1. Nonflexible molded swing seats shall only be used in a separate infant or toddler play area.

2. Swings made specifically for a child with a special need is permitted if a staff member is positioned to see and protect other children who might walk into the path of the swing.

3. Multi-axis swings including tire swings (i) shall not use steel belted tires, and (ii) the minimum clearance between the seating surface of the swing and the uprights of the supporting structure shall be 30 inches when the seat is in a position closest to the support structure.

J. Sandboxes shall be covered when not in use.

K. A shady area shall be provided in outdoor play areas during the months of May through September.

L. Play equipment used by children shall meet the following requirements:

1. Openings above the ground or floor that allow a 3 ½ inch by 6 ¼ inch rectangle to fit through shall also allow a nine-inch circle to fit through to prevent entrapment of a child’s body or body part.

2. All hooks, such as S-hooks and C-hooks, shall be properly closed and shall not be open more than 0.04 inches and less than the thickness of a dime; and

3. Have no protrusions, sharp points, shearing points, or pinch points.

M. The maximum fall height of slides and climbing equipment installed before June 1, 2005, and used by toddlers, twos, and preschool children, shall be seven feet high when outdoors, and five feet high when indoors.

N. The maximum fall height of slides and climbing equipment installed after June 1, 2005, and used by toddlers, twos, and preschool children, shall be six feet high when outdoors, and five feet when indoors.

O. Indoor slides and climbing equipment with a fall height over 18 inches shall not be over bare flooring.

P. Indoor slides and climbing equipment with a fall height of 36 inches or more shall be located over protective surfacing.

Q. Slides shall not have spaces or gaps that could trap strings, clothing, or body parts between the platform and the start of the slide chute.

R. Trampolines shall not be used.

S. When inflatable equipment is used, the equipment shall be assembled, maintained, and used in accordance with the manufacturer’s instructions.

T. The requirements of this section shall not prohibit child day programs providing care for preschool or school-age children at a location that is currently approved by the department or recognized as a private school by the State Board of Education for school occupancy and that houses a public or private school during the school year from permitting preschool or school-age children to use outdoor play equipment and areas approved for use by students of the school during school hours.

Part V

Staffing and Supervision

8VAC20-781-260. Supervision of children.

A. The licensee shall ensure that staff provide for the safety of children under the supervision of the center.

B. The licensee shall ensure that staff remain alert to the needs of the children in the care of the center.

C. Whenever a child is in the care of the center, there shall be on the premises at least (i) a lead teacher and (ii) a staff member or volunteer who has received training on how to contact appropriate authorities if an emergency occurs.

D. There shall be at least one staff member who meets the qualifications of a lead teacher in each group of children, except during short breaks and special activities.

E. A lead teacher is not required in each grouping of children during the first and last 90 minutes of operation when a center operates more than eight hours per day and during the designated rest period if the following are met:

1. There is a staff member in the group who is older than 18 years of age and has at least three months of programmatic experience;

2. There is an additional staff member on premises who meets lead teacher qualifications, is not counted in the staff-to-children ratios, and is immediately available to help if needed; and

3. There is a direct means for communicating between these two staff members.

F. For children younger than 10 years of age, the licensee shall ensure sight and sound supervision by staff who are always physically present without separation by a physical barrier, except that staff need only be able to hear a child who is using the restroom, provided that:

1. There is a system to ensure that individuals who are not staff members or persons allowed to pick up a child in care are not present in the restroom area while in use by children;

2. Staff check on a child who has not returned from the restroom after five minutes. Depending on the location and layout of the restroom, staff shall provide intermittent sight supervision of the children in the restroom area during this five-minute period to ensure the safety of children and to provide assistance to children as needed; and

3. Staff can hear or see the children. Video equipment, intercom systems, or other technological devices shall not substitute for staff being able to directly see or hear children.

G. Children 10 years of age and older shall be within sight and sound supervision of staff, except when the following requirements are met:

1. Staff can hear or see the children. Video equipment, intercom systems, or other technological devices shall not substitute for staff being able to directly see or hear children;

2. Staff are nearby to provide immediate intervention if needed;

3. There is a system to ensure that staff know where the children are and what they are doing;

4. There is a system to ensure that individuals who are not staff members or persons allowed to pick up children in care are not present in the areas where children are not under sight supervision; and

5. Staff provide sight and sound supervision of the children at variable and unpredictable intervals not to exceed 15 minutes.

H. When the outdoor activity area is not adjacent to the center, there shall be at least two staff members on the outdoor activity area whenever one or more children are present.

8VAC20-781-270. Staff-to-children ratio and group size requirements.

A. The maximum group size limitations specified in Table 1 shall be followed whenever children are in care.

Table 1. Maximum Group Size Requirements
	Age	Maximum Group Size
1.	Birth to 16 months	12
2.	16 months to 24 months	15
3.	2 years of age	24
4.	3 years of age to school-age eligibility	30
5.	School-age eligible through 12 years of age	100

B. The staff-to-children ratios specified in Table 2 are required whenever children are in care.

Table 2. Ratio Requirements
	Age	Ratio (staff:children)
1.	Birth to 16 months	1:4
2.	16 months to 24 months	1:5
3.	2 years of age	1:8
4.	3 years of age to school-age eligibility	1:10
5.	School-age eligible through 12 years of age	1:20

C. In accordance with Part V (8VAC20-820-220 et seq.) of 8VAC20-820 and with approval by the superintendent, a center may temporarily alter the staff-to-child ratios (i) by one child for groups of children from birth to school-age eligibility and (ii) by two children for groups of children school-age eligible through 12 years of age. Under this provision, group sizes three times the approved ratios may be implemented for children from birth to school-age eligibility. Group size for school-age children shall meet the requirements in subsection A of this section.

D. When a group includes children from different age groups, the age of the youngest child in the group shall be used to determine the staff-to-children ratio and group size for that group.

E. Group size limitations shall not apply during the following:

1. Designated rest periods as described in 8VAC20-781-280 and 8VAC20-781-290;

2. Outdoor activity as described in 8VAC20-781-320, 8VAC20-781-340, and 8VAC20-781-350;

3. Transportation and field trips as described in 8VAC20-781-630 and 8VAC20-781-640;

4. Meals and snacks served as described in 8VAC20-781-610; or

5. Special group activities, or during the first and last hour of operation when the center operates more than six hours per day.

F. Staff shall be counted in the required staff-to-children ratios only when they are directly supervising children.

G. A child volunteer 13 years of age or older not enrolled in the program shall not be counted as a child in the staff-to-children ratio requirements.

H. With a parent's written permission and a written assessment by the director and lead teacher, a center may choose to assign a child to a different age group if the age group is more appropriate for the child's developmental level and the staff-to-children ratio and group size shall be for the established age group. These assignments are intended to be a permanent new group and staff members for the child until it is determined the child's developmental level indicates a new assignment.

8VAC20-781-280. Ratios and group size for a balanced mixed-age grouping.

A. The ratio for a classroom of a balanced mixed-age grouping of children preschool to six years of age shall be one staff member for every 14 children, provided:

1. The center has additional staff who are readily accessible if there is an emergency to maintain a ratio of one staff member for every 10 children when children three years of age are included in the balanced mixed-age group; and

2. The lead teacher has received at least eight hours of training in classroom management of a balanced mixed-age grouping.

B. The staff-to-children ratio for a balanced mixed-age grouping during rest time shall be one staff member for every 28 children and the requirements 8VAC20-781-290 B, C, and D shall be met.

C. A maximum group size of 28 shall be followed whenever children in care are in a balanced mixed-age grouping.

8VAC20-781-290. Ratios during designated rest periods.

A. For children 16 months of age through preschool age, during the designated rest period, when children are resting or in an inactive state, the following rest period ratios are permitted if the requirements of subsections B, C, and D of this section are met:

1. Children 16 to 24 months of age: one staff member per 10 children.

2. Children two years of age: one staff member per 16 children.

3. Children of preschool age: one staff member per 20 children.

B. In addition to the staff required by rest period ratios, an additional staff member shall always be available on site to offer immediate assistance. The staff required by rest period ratios shall be able to summon the additional staff member without leaving the room or area of the sleeping or resting children.

C. Once at least half of the children in the resting room or area are awake and off their mats or cots, the staff-to-children ratio shall meet the ratios as required in 8VAC20-781-270 and 8VAC20-781-280.

D. The licensee shall ensure that one staff member shall not supervise more than one room or area during rest time.

E. Centers providing evening and overnight care shall meet the requirements of subsections A through D of this section during sleep periods.

8VAC20-781-300. Ratios and supervision during transportation and field trips.

A. The staff-to-children ratios of 8VAC20-781-270 and 8VAC20-781-280 A shall be followed on all field trips.

B. The staff-to-children ratio need not apply during transportation of school-age children to and from the center.

C. One staff member or adult is necessary in addition to the driver when 16 or more preschool age or younger children are being transported in the vehicle.

Part VI

Program Requirements and Equipment

8VAC20-781-310. Daily activities.

A. The center shall provide a variety of daily activities for all age groups that are age and stage appropriate and based on the physical, social, emotional, and intellectual needs of the children.

B. The center shall provide opportunities for staff-directed and self-directed activities, a balance of active and quiet activities, active outdoor play, and individual and group activities.

C. If the center uses media such as television, videos, video games, software, and computers, the following shall apply:

1. For infants, the use of visual media is prohibited.

2. For toddlers, media use up to two hours per day is permitted if the center operates more than six hours per day.

3. For children two years of age and older, no more than a total of two hours per day is permitted when content is not based on curriculum or educational content.

4. All media provided by the center shall be limited to age-appropriate programs and meet all the requirements in subsection A of this section.

D. Requirements in subdivision C 3 of this section do not apply to school-age children who attend educational programming that incorporates technology into curriculum learning activities.

E. Children shall be allowed to sleep or rest as individually needed.

8VAC20-781-320. Daily care and activities for infants.

A. The center shall post a flexible daily schedule for infants based on individual needs and the requirements of 8VAC20-781-310 B.

B. During the day, the licensee shall ensure that infants are provided with the following:

1. Food as specified in 8VAC20-781-610 and 8VAC20-781-620;

2. Outdoor time, unless weather or the Air Quality Color Code Chart as provided by the Department of Environmental Quality states that outdoor conditions are hazardous;

3. Comfort, as needed;

4. Stimulation and language development activities, including staff reading, talking to, showing pictures to, naming objects for, playing with, and engaging in positive interactions (e.g., smiling, cuddling, and making eye contact) with infants;

5. A variety of play spaces that offer:

a. Room for extensive movement (i.e., rolling, crawling, or walking) and exploration;

b. A diversity of sensory and perceptual experiences; and

c. Equipment and toys that support large and small motor development.

6. Frequent opportunities for infants to creep, crawl, toddle, and walk; and

7. Protection from older children.

C. The licensee shall ensure that staff respond promptly to infants who are crying or distraught.

D. The licensee shall ensure that, for an infant playing on the floor or ground who cannot move without help, staff ensure that the infant's position and the selection of toys accessible to the infant changes every 30 minutes or more often based on the infant's needs.

E. The licensee shall ensure that staff shall not confine infants who are awake and not actively eating in one piece of equipment, including swings, highchairs, cribs, play pens, or other similar pieces of equipment, for more than 30 consecutive minutes. Except when eating, the intervening time between confinements shall be at least 30 minutes.

F. The licensee shall ensure that for infants who are awake and unable to turn over alone, staff shall make a minimum of two attempts at supervised tummy time throughout the day.

G. The licensee shall ensure that infant car seats are only used for child transportation.

H. The licensee shall ensure that cribs are only used for rest and sleep.

8VAC20-781-330. Resting and sleeping infants.

A. The licensee shall ensure that staff allow infants to follow individual patterns of sleeping and eating.

B. The licensee shall ensure that staff place infants in cribs on their backs (i.e., supine) rather than on their bellies (i.e., prone), unless otherwise ordered by a written, signed statement by the child's physician or physician's designee.

C. The licensee shall ensure that when an infant is able to turn supine to the prone, staff place the infant supine but allow the infant to adopt the infant's preferred position unless otherwise directed in a written, signed statement by the child’s physician or physician's designee.

D. The licensee shall ensure that staff shall not use sleep-adaptive equipment unless otherwise directed in a written, signed statement by the child's physician or physician's designee.

E. The licensee shall ensure that each resting or sleeping infant is individually checked for breathing, the color of the infant's skin, signs of distress, and to ensure safe sleep conditions are still met every 15 to 20 minutes.

F. The licensee shall ensure that staff shall move an infant who falls asleep outside of the crib to the infant's assigned crib as soon as possible.

G. The licensee shall ensure that staff ensure that items that could restrict infant movement or breathing (e.g., swaddling, weighted blankets, bibs, necklaces, or garments with ties or hoods) or cover the infant's head or face are not included in the crib with sleeping infants.

8VAC20-781-340. Daily care and activities for toddlers, twos, and preschoolers.

A. The center shall develop, follow, and post a daily schedule that allows for flexibility as children's needs require and that meets the requirements of 8VAC20-781-310 B. The daily schedule need not apply on days occupied a majority of the time by a field trip or other special event. The outdoor activity time need not apply when the weather or the Air Quality Color Code Chart as provided by the Department of Environmental Quality states that outdoor conditions are hazardous. The daily schedule shall include opportunities for:

1. Outdoor activity for at least:

a. Fifteen minutes per day or session if the center operates up to three hours per day or session;

b. Thirty minutes per day or session if the center operates between three and five hours per day or session; or

c. One hour per day or session if the center operates more than five hours per day or session.

2. Sleep or rest. Centers operating five or more hours per day shall have a designated rest period for at least one hour but no more than two hours.

3. Meals and snacks as specified in 8VAC20-781-610.

4. Small and large motor activities, language and communication experiences, sensory experiences, art, or music activities, and play acting or social living.

B. After the first 30 minutes of a rest period, children not sleeping shall be permitted to engage in quiet activities.

C. A child who falls asleep in a place other than the child's designated sleeping location may remain in that space if comfortable and safe.

D. The licensee shall ensure that each sleeping toddler is individually checked for breathing, the color of the toddler's skin, signs of distress, and to ensure safe sleep conditions are still met every 30 minutes.

E. The licensee shall ensure that staff do not confine children who are awake and not actively eating in one piece of equipment, including swings, highchairs, cribs, play pens, or other similar pieces of equipment, for more than 30 consecutive minutes. Except when eating, the intervening time between confinements shall be at least one hour.

8VAC20-781-350. Daily care and activities for school-age children.

A. The center shall develop, follow, and post a daily schedule for school-age children that allows for flexibility based on individual needs and the requirements of 8VAC20-781-310 B. This schedule need not apply on field trip days or special events. The outdoor activity time need not apply when the weather or the Air Quality Color Code Chart as provided by the Department of Environmental Quality states that outdoor conditions are hazardous.

B. Before or after school, the center shall provide an opportunity for children to do homework, projects, hobbies, small motor activities, art activities, or music activities in a suitable area. In the afternoon, there shall be an opportunity for large motor activities at least 25% of the time.

C. On non-school days, the center shall provide opportunities for (i) large motor activities at least 25% of the time; (ii) small motor activities; (iii) projects, hobbies, or homework in a suitable place; (iv) art or music activities; (v) outdoor activity for at least one hour per day; and (vi) food as specified in 8VAC20-781-610.

8VAC20-781-360. Daily care and activities for children with special needs.

A. The center shall work with the parent and the staff assigned to the child to develop a plan to ensure that a child with special needs receives care and activity opportunities appropriate to the child's individual needs, including specific care and activities recommended by a professional. The plan shall be documented and maintained in the child's record and updated annually or more frequently, as necessary.

B. For a child who cannot move without assistance, staff shall change the place and position of the child at least every 30 minutes or according to the child's needs.

8VAC20-781-370. Behavioral guidance.

A. The center shall use positive methods of guiding behavior.

B. When a child is in the care of the center, the licensee shall ensure that staff interact with children and one another to provide needed help, comfort, support and:

1. Respect personal privacy;

2. Respect differences in cultural, ethnic, religious, and family backgrounds;

3. Encourage decision-making abilities;

4. Promote ways of getting along;

5. Encourage independence and self-direction; and

6. Use consistency in applying expectations.

C. The licensee shall ensure that behavioral guidance is constructive in nature, age and stage appropriate, and is intended to redirect children to appropriate behavior and resolve conflicts.

D. If time-out is used as a behavior guidance technique:

1. It shall be used sparingly and shall not exceed one minute for each year of the child's age;

2. It shall be appropriate to the child's developmental level and individual needs;

3. It shall not be used with infants or toddlers;

4. The child shall be in a safe, lighted, well-ventilated place, and within sight and sound of a staff member; and

5. The child shall not be left alone inside or outside the center.

8VAC20-781-380. Prohibited actions.

The following actions or threats are prohibited:

1. Physical punishment;

2. Striking a child, roughly handling or shaking a child, biting, pinching, restricting movement through binding or tying, forcing a child to assume an uncomfortable position, forced exercise, or action taken to cause pain or discomfort;

3. Enclosure in a small, confined space or a space that the child cannot freely exit; however, this does not apply to the use of equipment such as cribs, play yards, highchairs, and safety gates when used with children preschool age or younger for the intended purpose;

4. Permitting a child to discipline or punish other children;

5. Punitive separation from the group so that the child is away from the hearing and vision of a staff member;

6. Withholding or forcing of food, water, or rest;

7. Verbal remarks that are demeaning to the child or psychological punishment, including ridicule or humiliation;

8. Punishment for toileting accidents or withholding opportunities for toileting;

9. Punishment by applying unpleasant or harmful substances; and

10. Withholding outside activity time as punishment.

8VAC20-781-390. Parental engagement.

Before the child's first day of attending, parents shall be notified about how to access the following:

1. The center's philosophy and if applicable, religious affiliation;

2. Operating information, including the hours and days of operation and holidays or other times closed, and the contact information to communicate with staff;

3. Description of established lines of authority for staff;

4. A custodial parent's right to be admitted to the center as required by § 22.1-289.054 of the Code of Virginia;

5. The appropriate general daily schedule for the age of the enrolling child;

6. How the center will notify parents of emergency situations and send parent communication and notifications as required by 8VAC20-781-400;

7. The following information from the center's emergency procedures:

a. The relocation site;

b. Method of communication with parents and emergency responders; and

c. Procedure to reunite children with a parent or authorized person designated by the parent;

8. The center's transportation policy;

9. The center's policies for the arrival and departure of children, including procedures for verifying that only persons authorized by the parent are allowed to pick up the child, picking up children after closing, and when a child is not picked up for emergency situations, including inclement weather or natural or man-made disasters;

10. The center's policy regarding medication or medical procedures that will be given;

11. The center's policy regarding application of topical skin products;

12. The center's policy for reporting suspected child abuse and neglect as required by § 63.2-1509 of the Code of Virginia;

13. The center's food policies;

14. Discipline policies, including acceptable and unacceptable discipline measures; and

15. Termination policies.

8VAC20-781-400. Parent communication and notification.

A. The center shall inform parents when a pattern of behavioral problems emerges or persists. Notification shall include actions taken in response.

B. The center shall maintain a written record and provide parents with a written report of each injury involving their child on the day of occurrence. The written report shall protect the confidentiality of other children involved, and shall include:

1. Date and time of incident or injury;

2. Child's name;

3. Type and circumstance of incident or injury;

4. Staff present and actions taken or treatment offered;

5. Date, time, and method used to notify parents;

6. Staff and parent signatures or two staff signatures; and

7. Future action to prevent reoccurrence.

C. The center shall notify the parent immediately and provide written documentation pursuant to subsection B of this section if the following incidents occur:

1. The child sustains an injury that may reasonably require medical or dental treatment.

2. The child has an adverse reaction to an administered medication or topical skin product, a medication error has occurred, or the center has administered an emergency medication.

3. The child has a confirmed or suspected allergic reaction or has ingested food identified in the written care plan required in 8VAC20-781-50 B 6 even if a reaction did not occur.

4. A situation in which the child's whereabouts is or was unknown, including a lost or missing child, a child left unattended in a vehicle or on the playground, or a child who wandered away unattended from the facility or assigned group.

D. When a child has been exposed to a communicable disease listed in the Virginia Department of Health's current communicable disease chart, the parents shall be notified within 24 hours or the next business day of the center's having been informed unless forbidden by law, except for life threatening diseases, which shall be reported to parents immediately.

E. Parents shall be informed in writing of a change to the center’s relocation site, the communication plan, and the reunification plan.

F. If an emergency evacuation or relocation is necessary, the parent shall be informed of the child's whereabouts as soon as possible as stated in the center’s emergency preparedness and response plan.

G. For each infant, the center shall maintain a daily record that can be easily accessed by both the parent and the staff working with the child. The record shall contain the following information:

1. The amount of time the infant slept;

2. The amount of food consumed and the time;

3. Record of diaper changes and the application of diaper ointment;

4. A description and time of bowel movements;

5. Developmental milestones and daily activities; and

6. For infants who are awake and cannot turn over by themselves, the number of attempts at tummy time.

H. Parents shall be informed of reasons for termination of services.

I. The center shall provide to parents of children at least semiannually or more frequently if needed:

1. Written information about the child's development and needs; and

2. Scheduled opportunities for parents to provide feedback on the child. This opportunity to provide feedback shall be documented.

J. Information on a child required by subsection I of this section shared between the child's parents and the center shall be documented in the child's record.

K. Requirements in subsection I of this section shall not apply to school-age children and children participating in short-term programs as defined in 8VAC20-781-10.

8VAC20-781-410. Parental agreements.

A written agreement between the parent and the center shall be in each child's record by the first day of the child's attendance. The agreement shall be signed by the parent and include:

1. An authorization for emergency medical care should an emergency occur when the parent cannot be located immediately, unless the parent states in writing an objection to the provision of emergency medical care on religious or other grounds;

2. A statement that the center will notify the parent when the child becomes ill and that the parent will arrange to have the child picked up as soon as possible if requested by the center;

3. A statement that the parent will inform the center within 24 hours or the next business day after his child or a member of the immediate household has developed a reportable communicable disease, as defined by the State Board of Health, except for life threatening diseases, which shall be reported immediately; and

4. Authorization for the center to transport the child if an emergency occurs, including needing medical care or facility relocation.

8VAC20-781-420. Play furnishings, equipment, materials, and toys.

A. Furnishings, equipment, and materials shall be (i) of an appropriate size for the child using the item and (ii) used in accordance with manufacturer instructions.

B. Materials and equipment shall be available, shall be age and stage appropriate for the children, and shall include an adequate supply, as appropriate for each age group, of arts and crafts materials, texture materials, construction materials, music and sound materials, books, social living equipment, and manipulative equipment.

1. Equipment used for play with a diameter of less than 1-1/4 inch and a length of less than 2-1/4 inches shall be inaccessible to children younger than three years of age; and

2. Toys and equipment with cords and strings shall only be accessible to children two years of age and older.

C. Washable toys and materials used by infants shall be cleaned and sanitized daily, or more often if necessary.

D. The following cloth items provided by the center shall be washable: stuffed animals, cloth dolls, and dress-up clothes. Floor pillows shall be washable or have removable covers that are machine washable. When used by children, the center shall wash stuffed animals, cloth dolls, dress-up clothes, and pillows or removable covers at least once a week or when soiled.

E. If water play tables or tubs are used, they shall be cleaned and sanitized daily.

F. If combs, toothbrushes, or other personal articles are used, they shall be individually assigned.

G. Disposable products not used for play, learning, or craft activities shall be used once and discarded.

H. Provision shall be made for an individual place for each child's personal belongings.

I. Infant walkers shall not be used.

J. Play yards where used shall:

1. Meet the current Juvenile Products Manufacturers Association (JPMA) and the American Society for Testing and Materials (ASTM) requirements and shall retain the manufacturer label documenting product compliance with current safety standards at the time the play yard was manufactured;

2. Not use pillows or filled comforters;

3. Not be used for the designated sleeping area;

4. Not be occupied by more than one child; and

5. Be sanitized each day of use or more often as needed.

K. The licensee shall register to receive free recall alerts from the U.S. Consumer Product Safety Commission and shall remove all recalled items from the center.

L. Portable water coolers shall be cleaned daily when in use, kept securely closed, and designed so that water may be withdrawn from the container only by tap.

8VAC20-781-430. Cribs, cots, rest mats, and beds.

A. Cribs, cots, rest mats, or beds shall be provided for children during the designated rest period and not be occupied by more than one child at a time.

B. Cribs shall not be used as a play space.

C. Cribs, cots, rest mats, and beds shall be identified for use by a specific child.

D. Double-decker cribs, cots, beds, or other sleeping equipment, when stacked, shall not be permitted to be used for children.

E. Occupied cribs, cots, rest mats, and beds shall be at least 2-1/2 feet from heat-producing appliances.

F. There shall be at least 12 inches of space between occupied cots, beds, and rest mats.

G. Twelve inches of space is not required where cots, beds, or rest mats are located adjacent to a wall or a divider if one side is open at all times to allow for passage.

H. Mattresses, cots, or rest mats shall be (i) nonabsorbent or covered with a waterproof material and (ii) sanitized on all sides weekly or before use by another child.

I. Rest mats shall have at least one inch of cushioning.

J. Cribs shall be used for children under 12 months of age.

K. Cribs shall meet the following requirements:

1. Meet the current Consumer Product Safety Commission Standards at the time the crib was manufactured;

2. Have no more than one inch between the mattress and the crib; and

3. Not have mesh sides.

L. Cribs shall be placed where objects outside the crib, such as cords from blinds or curtains, are not within reach of children in cribs.

M. There shall be at least:

1. Twelve inches of space between the sides and ends of occupied cribs, except where the crib touches the wall or solid barrier; and

2. Thirty inches of space between service sides of occupied cribs and other furniture where that space is the walkway for staff to gain access to occupied cribs.

N. If cribs with a swing-down safety gate on one side for easy access to a child are used, the hinged safety gates shall be up and the fastenings secured when a child is in the crib, except when a staff member is giving the child immediate attention.

O. No soft objects or loose bedding, including pillows, blankets, quilts, comforters, sheepskins, bumper pads, or stuffed toys, shall be used with infants under 12 months of age when sleeping or resting.

P. Toys or objects hung over an infant in a crib and crib gyms that are strung across the crib shall be out of reach of the infant and shall not be used for infants over five months of age or infants who are able to push up on their hands and knees.

8VAC20-781-440. Linens.

A. Cribs, when being used by infants, shall only have a tight-fitted bottom cover that does not make the mattress buckle or bend.

B. Cribs, cots, mats, and beds used by children other than infants during the designated rest period or during evening and overnight care shall have linens consisting of a top cover and a bottom cover or a one-piece covering that is open on three edges.

C. Linens and pillows used by children shall be (i) assigned for individual use and (ii) stored separately from the linens and pillows of other children.

D. Linens and pillows shall be changed when wet, soiled, or dirty and linens shall be washed at least weekly.

E. Pillows, when used, shall be covered with pillowcases.

8VAC20-781-450. Swimming and wading.

A. The center shall post written safety rules for swimming or wading in the swimming area when the pool is located on the premises of the center.

B. The center shall follow posted rules of public swimming areas when swimming activities are located off site.

C. Safety rules for swimming or wading shall be explained to children participating in swimming or wading activities.

D. Before a child is able to participate in swimming or wading activities, and annually thereafter, the center shall obtain (i) written permission from the parent of each child who participates in swimming or wading and (ii) a written assessment from a certified lifeguard or a written statement from the parent to identify if the child is a swimmer or nonswimmer before the child is allowed in water with a depth of more than two feet.

E. The licensee shall ensure that staff maintain active supervision when a child is in or around water by staff designated to supervise children in the water. Notwithstanding ratio requirements in 8VAC20-781-270 and 8VAC20-781-280 A, these staff shall only be responsible for the supervision of children participating in the water activity and additional staff shall be available to supervise children not participating.

F. The licensee shall ensure that staff have a system for accounting at all times for all children in the water and in the aquatic area.

G. The staff-to-children ratios required by 8VAC20-781-270 and 8VAC20-781-280 A shall be maintained while children are participating in swimming or wading activities. Notwithstanding the staff-to-children ratios already stated, at no time shall there be fewer than two staff members supervising the group.

H. If a pool, lake, or other swimming area has a water depth of more than two feet, a certified lifeguard holding a current certification shall be on duty supervising whenever a child is participating in swimming or wading activities.

1. One lifeguard for every 25 children in the water shall be on duty and supervising the children.

2. The designated certified lifeguard shall not be counted in the staff-to-children ratios.

3. The lifeguard certification shall (i) include an in-person competency demonstration and (ii) be obtained from an individual or organization holding instructor certification from an organization such as the American Red Cross.

I. Outdoor swimming activities shall occur only during daylight hours unless underwater and deck lighting is provided.

8VAC20-781-460. Pools and equipment.

A. When permanent swimming or wading pools are located on the premises of the center, the following shall apply:

1. The manufacturer specifications for operating the pool and applicable local ordinances and Virginia Department of Health requirements for swimming pools shall be followed;

2. Pools constructed, renovated, or remodeled after April 1, 1986, shall have a statement in writing of inspection and approval from the local building official when approval is required;

3. Outdoor swimming pools shall be enclosed by safety fences and gates that are in compliance with the applicable edition of the Virginia Uniform Statewide Building Code (13VAC5-63) and shall be kept locked when the pool is not in use;

4. Entrances to indoor swimming pools shall be locked when the pool is not in use; and

5. A whistle or other audible signaling device, a buoy or a lemon line, a reach pole, and a backboard shall be available at the swimming or wading site.

B. If children are allowed to swim in a lake or place other than a pool, safe swimming areas shall be clearly marked and there shall be appropriate water safety equipment.

C. Piers, floats, and platforms shall be in good repair and, where used for diving, the minimum water depth shall be stated on the deck or planking.

D. After use by a group of children, or more frequently as necessary, portable wading pools without an integrated filtration system shall be emptied, rinsed, and filled with fresh water.

E. After each day's use, portable wading pools shall be emptied, sanitized, and stored in a position to keep them clean and dry.

F. Children who are not toilet trained shall not use portable wading pools without an integrated filtration system.

Part VII

Preventing the Spread of Disease and Infection Control

8VAC20-781-470. Preventing the spread of disease.

A. Unless otherwise approved by a child's health care professional, a child shall be excluded from the center if the child has:

1. A fever, which means an oral or axillary temperature at or above 100.4°F;

2. Recurring vomiting or diarrhea not associated with diet change or medication; or

3. Symptoms of a communicable disease listed in the Virginia Department of Health's current communicable disease chart.

B. If a child needs to be excluded according to subsection A of this section, the following shall apply:

1. The center shall contact the parents or designated emergency contact immediately so that arrangements can be made to remove the child from the center as soon as possible; and

2. The child shall remain in a designated area as required by 8VAC20-781-230 D. The licensee shall ensure that the child is within sight and sound of a staff member at all times and shall ensure that staff respond to the needs of the child.

C. When a surface has been contaminated with body fluids, it shall be cleaned and sanitized immediately or restricted from use until cleaned and sanitized.

D. When a child's clothing has been contaminated with body fluids, it shall be separated, stored, and sealed in a leakproof storage bag until returned to the child's parent.

8VAC20-781-480. Hand washing.

A. The licensee shall ensure that staff ensure children's hands are washed with soap and running water:

1. After diapering or toileting;

2. After contact with body fluids;

3. After coming in from outdoors;

4. After handling or caring for animals;

5. Before and after playing with water used by more than one child;

6. When the child's hands are visibly dirty; and

7. Before eating.

B. The licensee shall ensure that children's hands are washed with soap and running water or disposable wipes after eating.

C. Until an infant is old enough to be safely raised to the sink and reach for the water, the infant's hands may be washed using disposable wipes.

D. The licensee shall ensure that staff wash their hands with soap and running water:

1. Before and after:

a. Helping a child use the toilet;

b. A diaper change;

c. Feeding or helping children with feeding;

d. Preparing or serving food or beverages; and

e. Administering medication or topical skin products when there is direct contact with the medication or product.

2. After:

a. Using the toilet;

b. Contact with body fluids;

c. Eating;

d. Handling garbage or cleaning materials;

e. Coming in from outdoors; and

f. Handling or caring for animals.

E. The licensee shall ensure that staff wash their hands with soap and running water when entering the facility before working with children and when hands are visibly dirty.

F. If running water is not available, a germicidal cleansing agent administered per manufacturer instruction may be used.

8VAC20-781-490. Diapering and toileting.

A. The diapering area shall be accessible and within the building used by children.

B. There shall be sight and sound supervision for all children when a child is being diapered.

C. The licensee shall ensure that staff do not leave a child unattended on the diapering surface.

D. The diapering area shall have the following:

1. A sink with running water not to exceed 120°F;

2. Soap, disposable towels, and single use gloves such as surgical or examination gloves;

3. A nonabsorbent surface for diapering or changing shall be used. For children younger than three years of age, this surface shall be a changing table or countertop designated for changing unless otherwise specified in this subsection; and

4. The appropriate disposal containers as required by this section.

E. When a child's clothing, diaper, or disposable training pants becomes wet or soiled, the child shall be wiped clean and changed immediately.

F. Staff shall check diapers and disposable training pants at least once every two hours.

G. Disposable diapers and disposable training pants shall be disposed in a covered leakproof or plastic-lined storage system that is either foot-operated or used in a way that the staff member's hand and the soiled diaper do not touch an exterior surface of the storage system during disposal.

H. When cloth diapers are used, a separate covered leakproof storage system as specified in subsection G of this section shall be used for each individual child.

I. Diapers, disposable training pants, or underwear of children who are toilet training may be changed in the bathroom and not on the diapering surface required in subdivision D 3 of this section, but the required procedures for handwashing in 8VAC20-781-480 and disposal of diapers or disposable training pants in subsections G and H of this section shall be followed.

J. The diapering surface shall (i) not be used for storage, (ii) be used only for diapering or wiping children clean, and (iii) be cleaned and sanitized after each use. Tables used for children's activities or meals shall not be used for changing diapers.

K. Staff shall ensure the immediate safety of a child during diapering.

8VAC20-781-500. Toilet training.

For every 10 children in the process of being toilet trained, there shall be at least one toilet chair or one child-sized toilet or at least one adult-sized toilet with a platform or steps and adapter seat.

1. The location of these items shall allow for sight and sound supervision of children in the classroom if necessary for the required staff-to-children ratios to be maintained.

2. Toilet chairs shall be emptied promptly and cleaned and sanitized after each use and located on non-carpeted areas when used.

Part VIII

Medication Administration and Topical Skin Products

8VAC20-781-510. Requirements for medication administration.

A. The decision to administer medicines at a facility may be limited by center policy to administer: (i) prescribed medications, (ii) nonprescription medications, or (iii) only those medications required for emergencies or by law.

B. Written parental authorization for medication shall be obtained before a medication is accepted, maintained, or stored at the center.

C. Medications accepted, maintained, or stored at the center shall (i) be labeled with the child's name and (ii) not be kept or used beyond the date of expiration or use by date on the medication container.

D. For a child for whom emergency medication, such as albuterol, glucagon, or epinephrine auto-injector, has been provided to the center by the parent, there shall always be a staff member who is immediately accessible and available and meets the requirements listed in 8VAC20-781-170.

E. Prescription and nonprescription medication shall be given to a child only with written authorization from the parent that has not expired. Medication shall be administered by a staff member who is 18 years of age or older.

F. The licensee shall ensure that written authorization from the child's parent for medication is only valid for 10 business days unless written authorization from the child's physician is on file.

G. Long-term prescription and nonprescription drug administration shall be allowed only with written authorization from the child's physician and parent and shall be renewed based on instructions from the child's physician.

H. Medication authorization shall be available to staff during the entire time it is effective.

I. When an authorization for medication expires, the center shall notify the parent with the intent to safely return the medication to the parent or receive an updated authorization form. If a parent has been non-responsive and has not retrieved the medication, the center shall safely dispose of the medication, but no later than 30 calendar days after the expiration date of the authorization. The expired medication authorization form shall be kept with the medication until the center can safely return the medication to the parent or dispose of the medication.

J. Undesignated or stock epinephrine kept at the center pursuant to § 22.1-289.059 shall be labeled with the name of the medication and the dosage amount.

8VAC20-781-520. Prescription medication.

The center may administer prescription medication, provided that:

1. The medication is administered by a staff member who meets the requirements in 8VAC20-781-170;

2. The center administers only those drugs that are dispensed from a pharmacy or health care provider and maintained in the original, labeled container; and

3. The center administers medications only to the child identified on the prescription label in accordance with the prescriber's instructions pertaining to dosage, frequency, and route of administration.

8VAC20-781-530. Non-prescription medication.

The center may administer nonprescription medication, provided the medication is:

1. Administered by a staff member who meets the requirements in 8VAC20-781-170;

2. Labeled with the child's name, the name of the medication, the dosage amount, and the times to be given;

3. In the original container with the manufacturer's direction label attached; and

4. Given only as specified on the manufacturer's label unless otherwise designated by written physician's order.

8VAC20-781-540. Storage of medication.

A. Unless designated otherwise by a written physician's order, medications, including refrigerated and staff's personal medications, shall be kept in a locked place using a safe locking method that prevents access by children.

B. If a key is used, the key shall be inaccessible to the children.

C. When needed, medication shall be refrigerated.

D. When medication is stored in a refrigerator used for food, the medications shall be stored together in a container or in a clearly defined area away from food.

8VAC20-781-550. Medication records.

The center shall keep a record of prescription and nonprescription medication given to children that shall include the following:

1. Name of the child to whom medication was administered;

2. The dose, the route, and the name of the medication administered to the child;

3. The date and time the medication was administered to the child;

4. Name of the staff member administering the medication;

5. Adverse reactions; and

6. Medication administration errors and action taken.

8VAC20-781-560. Self-administered medication.

A. When a school-age child self-administers medication while in care, the center shall:

1. Establish written safety procedures for self-administration of medication for school-age children that include direct supervision during the administration of the medication; and

2. Obtain (i) documentation of written authorization from the child's physician, (ii) a written request from the child's parent for the child's self-administration of medication, and (iii) written authorization from the parent to administer the medication if the child is unable to self-administer.

B. The center shall document medication self-administered by a child to include:

1. The child's name;

2. The dose, route, and name of the medication self-administered;

3. The date and time the medication was self-administered;

4. Adverse reactions; and

5. Medication administration errors and action taken.

C. If the written safety procedures required in this section are not followed, the center shall:

1. Notify the child's parent;

2. Assume responsibility for administration of the medication while the child is in care; and

3. Document in the child's record the discontinuation of the authorization to self-administer and the notification to the child's parent.

8VAC20-781-570. Topical skin products.

A. When topical skin products such as lip balm, hand lotion, sunscreen, diaper ointment and lotion, and insect repellent are administered by the center, the following requirements shall be met:

1. Written parent authorization noting known adverse reactions shall be obtained at least annually;

2. The product shall be in the original container and, if provided by the parent, labeled with the child's name; and

3. Manufacturer's instructions for application shall be followed.

B. When diaper ointment and insect repellent are administered by the center a record shall be kept that includes the child's name, the name of the product, the frequency of use and the approximate time given, adverse reactions, and application errors and action taken.

C. Caregivers without medication administration training may apply topical skin products unless the product is a prescription medication, in which case the requirements in 8VAC20-781-520 shall be met.

D. Children five years of age and older may have access to and may self-administer hand sanitizer, hand soap, sunscreen, lip balm and hand lotion labeled "Keep out of reach of children," provided that the label does not contain other warnings listed in 8VAC20-781-220 A and is used under adult supervision.

E. Sunscreen provided by the center shall have a minimum sunburn protection factor (SPF) of 15.

F. The product shall not be kept or used beyond the expiration date.

G. Topical skin products, except those referenced in subsection C of this section, do not need to be kept locked, but shall be inaccessible to children younger than five years of age.

Part IX

First Aid, Emergency Supplies, and Emergency Preparedness and Response

8VAC20-781-580. First aid and emergency supplies.

A. The center shall have a minimum of one working flashlight that does not require electricity on each floor of each building that is used by children.

B. The center shall have a minimum of one working radio that does not require electricity in each building used by children and a primitive camp location without a building.

C. The center shall have first aid supplies on each floor of the building, accessible from outdoor play areas, while on field trips, in vehicles when transporting children, and wherever children are in care. The first aid supplies shall be readily accessible to staff, inaccessible to children, and include the following:

1. An ice pack or instant cold pack;

2. A pair of scissors;

3. A pair of tweezers;

4. Gauze pads;

5. Adhesive tape;

6. Adhesive bandages of assorted sizes;

7. An antiseptic cleansing solution or pads;

8. An operable digital thermometer;

9. A minimum of two triangular bandages;

10. Single use gloves such as surgical or examination gloves; and

11. A first aid instructional manual.

8VAC20-781-590. Emergency preparedness and response plan.

A. The center shall have a written emergency preparedness and response plan developed in consultation with the local emergency manager or the state or local fire official. The plan shall include:

1. Emergency preparedness and response planning for emergencies resulting from a natural disaster or a human-caused event such as violence at or near the child care facility; and

2. Emergency evacuation, relocation, shelter-in-place, and lockdown procedures to include:

a. Scenario applicability with the most likely emergency scenarios including fire, severe storms, flooding, tornadoes, earthquakes, pandemic, loss of utilities, and other situations, including facility damage, that requires evacuation, lockdown, or shelter in place;

b. Emergency communication to alert staff and emergency responders;

c. Methods to account for all children and to ensure continued supervision of children;

d. Method of communication with staff, parents, and emergency responders;

e. Accommodations or special requirements for infants, toddlers, children with special needs, and children with chronic physical or medical conditions to ensure the child's safety during evacuation or relocation;

f. Procedure to reunite children with a parent or authorized person designated by the parent; and

g. Staff and volunteer training requirements and drill frequency.

B. The center's emergency preparedness and response plan shall also include the following additional requirements:

1. Evacuation and relocation procedures shall include:

a. Designated primary and secondary routes out of the building;

b. Designated assembly point away from the building;

c. Designated relocation site;

d. Methods to ensure essential documents, including attendance records, parent contact information, emergency contact information, and information on allergies and intolerance to food or medication, are taken to the assembly point or relocation site; and

e. Methods to ensure special health care needs, to include medications and care plans and supplies, are taken to the assembly point or relocation site.

2. Shelter-in-place procedures shall include:

a. Designated shelter-in-place areas within the center;

b. Designated primary and secondary routes to the shelter-in-place areas;

c. Methods to ensure essential documents, including attendance records, parent contact information, emergency contact information, and information on allergies and intolerance to food or medication, are taken to the assembly point or relocation site; and

d. Methods to ensure special health care needs, to include medications and care plans and supplies, are taken to the assembly point or relocation site.

3. Lockdown procedures shall include designated safe areas that the facility can contain using procedures such as closing or locking of doors or other barriers.

C. The center shall review the emergency preparedness and response plan at least annually and update as needed. The center shall document each review and update made to the emergency preparedness and response plan.

D. Emergency evacuation and shelter-in-place diagrams, 911 or local dial number for police, fire, and emergency medical services, and the number of the national poison control center hotline shall be posted in conspicuous locations in each room used by children or staff.

E. Continuity of operations shall be established to ensure that essential functions are maintained during an emergency.

8VAC20-781-600. Emergency response drills.

A. All emergency response drills shall be practiced:

1. In each building used by children;

2. With all staff, volunteers, and children present at the time of the drill;

3. At varying times during the center's hours of operation; and

4. For centers offering evening and overnight care, a separate drill shall be completed during the evening and overnight hours according to the same schedules specified in subsections B through D of this section.

B. Emergency evacuation procedures shall be practiced monthly.

C. Shelter-in-place procedures shall be practiced a minimum of twice per year.

D. Lockdown procedures shall be practiced a minimum of twice per year.

E. Documentation shall be maintained for one year of emergency evacuation, shelter-in-place, and lockdown drills that include:

1. The date and time of the drill;

2. The number of staff, volunteers, and children participating; and

3. The time it took to complete the drill.

Part X

Special Services

8VAC20-781-610. Nutrition and food services.

A. Centers shall schedule appropriate times for snacks or meals based on the hours of operation and time of the day (e.g., a center open only for after school care shall schedule an afternoon snack; a center open from 7 a.m. to 1 p.m. shall schedule a morning snack and midday meal).

B. The licensee shall ensure that children arriving from a half-day, morning program who have not yet eaten lunch receive a lunch.

C. The center shall schedule snacks or meals so that there is a period of at least 1-1/2 hours but no more than three hours between each meal or snack, unless there is a scheduled rest or sleep period for children between the meals and snacks.

D. Drinking water shall be offered at regular intervals to children.

E. In environments of 80°F or above, attention shall be given to the fluid needs of children at regular intervals. Children in such environments shall be encouraged to drink water as outlined in subsection D of this section.

F. When centers choose to provide meals or snacks, the following shall apply:

1. Centers shall follow the most recent, age-appropriate nutritional requirements of the Child and Adult Care Food Program administered by the U.S. Department of Agriculture (USDA).

2. Children shall be allowed second helpings of food listed in the Child and Adult Care Food Program.

3. Centers shall not serve small (i.e., marble-sized), round, sticky, or hard foods that are difficult to chew and easy to swallow whole to children younger than four years of age.

4. A menu listing food to be served for meals and snacks during the current one-week period shall:

a. Be dated;

b. Be posted in a location conspicuous to parents or given to parents;

c. Be kept on file for one week at the center; and

d. List substituted food by the end of the business day.

5. Powdered milk shall not be used except for cooking.

G. When food or beverage is brought from home, the following shall apply:

1. The food and beverage container shall be sealed and labeled in a way that identifies the owner by first and last name.

2. The center shall have extra food or shall have provisions to obtain food to serve to children so the child can have an appropriate snack or meal if the child forgets to bring food from home, brings an inadequate meal or snack, or brings perishable food.

3. Unused portions of opened food shall be discarded by the end of the day or returned to the parent.

H. If a catering service is used, it shall be approved by the local health department.

I. Contaminated or spoiled food shall not be served to children.

J. Tables and highchair trays shall be cleaned and sanitized before and after each use for feeding;

K. Staff shall be present in the feeding area with children whenever children are eating.

L. Children shall remain seated while eating or drinking and shall not eat while riding in vehicles.

M. Food and beverages shall be prepared, served, stored, and transported in a sanitary manner.

N. When food is prepared to which a child in care is allergic, staff shall take steps to avoid cross contamination to prevent an allergic reaction.

O. A child with a diagnosed food allergy shall not be served food identified in the emergency care plan required in 8VAC20-781-50 B 6.

P. Disposable products used for food or beverages shall be used once and discarded.

8VAC20-781-620. Special feeding needs.

A. Highchairs, infant seats, or feeding tables shall be used for children under 12 months of age who are not held while being fed.

1. Children shall be supervised during snacks and meals.

2. When a child is placed in a feeding table with protective belts, a highchair, or an infant seat, the protective belt shall be fastened securely.

B. Bottle-fed infants who cannot hold their own bottles shall be held when fed. Bottles shall not be propped or used while the child is in the child's designated sleeping location.

C. Each bottle-fed infant shall have a written feeding schedule on file that is updated as needed and contains:

1. Whether the child receives breast milk, formula, or milk; and

2. The brand name of formula, if applicable.

D. Infants shall be fed on demand or in accordance with parental instructions.

E. All prepared bottles or breast milk stored in other containers provided by parents shall be labeled with the child's name and date of receipt.

F. Breast milk shall be stored according to the center's policy for the storage of breast milk.

G. Infant formula prepared by the center shall be prepared according to manufacturer instructions and prepared infant formula or milk shall be (i) refrigerated and (ii) dated and labeled with the child's name.

H. Heated breast milk, formula, milk, and baby food shall be stirred or shaken and tested for temperature before serving to children.

I. Milk, formula, or breast milk and bottles or containers of infant foods shall be warmed under running warm tap water or by placing the food item in a container of water that is no warmer than 120°F if needed. Bottles shall not be heated or warmed in a microwave.

J. When a bottle warmer or slow-cooking device, such as a crock-pot, is used for warming breast milk, formula, milk, or bottles of infant food, the device and cord shall be out of children's reach and used according to manufacturer instructions.

K. Breast milk, formula, and milk shall not remain unrefrigerated at the center for more than two hours and shall not be reheated.

L. Prepared bottles shall be discarded or returned to the parent at the end of the day.

M. Prepared baby food not consumed during that feeding by an infant may be used by that same infant later in the same day, provided that the food is not served out of the infant food container and is dated and stored in the refrigerator; otherwise, it shall be discarded or returned to the parent at the end of the day.

N. The licensee shall maintain on the premises a one-day emergency supply of clean and empty or disposable bottles, nipples, and commercial formulas. Emergency supply bottles shall only be used for one feeding and shall be appropriate for the children in care. The center shall consult parents on special feeding needs, such as specific formula, breast milk, or other special accommodations.

O. The center shall not prohibit breastfeeding.

P. When bottles with breast milk, formula, or milk are prepared by the center, the milk or formula shall not be mixed with cereal unless a physician or physician's designee provides written documentation stating otherwise.

Q. When feeding semisolid food to a child, staff shall use a spoon unless written instructions from a physician or physician's designee state differently.

8VAC20-781-630. Field trips.

A. Written parental permission for field trips shall be secured before the scheduled activity.

B. If a blanket permission is used instead of a separate written permission, the following shall apply:

1. Parents shall be notified in advance of the field trip; and

2. Parents shall be given the opportunity to withdraw the child from the field trip.

C. Children shall cross streets at a corner or crosswalk or other designated safe crossing point if no corner or crosswalk is available.

D. Before leaving on a field trip, a schedule of the trip's events and locations shall be shared with parents.

E. The licensee shall ensure a method of communication for emergencies during field trips.

F. The center shall make provisions for providing children on field trips with adequate food and water.

8VAC20-781-640. Transportation.

A. Written parental permission for transportation shall be secured before transportation is provided.

B. Vehicles used by the center for the transportation of children shall meet the following requirements:

1. The vehicle shall meet the safety standards set by the Department of Motor Vehicles and shall be kept in satisfactory condition to ensure the safety of children.

2. The vehicle shall be manufactured for the purpose of transporting people.

3. The vehicle shall be insured with at least the minimum limits established by Virginia state statutes.

4. If staff or volunteers supply personal vehicles, the center is responsible for ensuring that the requirements of this subsection are met.

C. The licensee shall ensure that, during transportation of children:

1. Virginia state statutes about safety belts and child restraints are followed as required by §§ 46.2-1095 through 46.2-1100 of the Code of Virginia, and the stated maximum number of passengers in a given vehicle is not exceeded;

2. The children remain seated and each child's arms, legs, and head remain inside the vehicle;

3. Doors are closed and locked, unless the manufacturer prevents locking for emergency purposes;

4. At least one staff member or the driver always remains in the vehicle when one or more children are present; and

5. The following information is in transportation vehicles:

a. Emergency numbers as specified in 8VAC20-781-590 D;

b. The center's name, address, and telephone number;

c. A list of the names of the children being transported and each child's emergency contact information as required in 8VAC20-781-50 B 2 and B 3;

d. Emergency care plan and information as specified in 8VAC20-781-50 B 5 and B 6; and

e. A document containing local emergency contact information, potential shelters, hospitals, and evacuation routes that pertain to each site frequently visited or of routes frequently driven by center staff for center business, such as field trips, pick-up, and drop-off of children to or from home and local schools.

D. When entering and leaving vehicles, children shall enter and leave the vehicle from the curb side of the vehicle or in a protected parking area or driveway and cross streets at a corner or crosswalk or other designated safe crossing point if no corner or crosswalk is available.

E. The licensee shall ensure a method of communication for emergencies during transportation.

F. The licensee shall ensure that the driver verifies that all children have been removed from the vehicle at the conclusion of each trip by checking every seat.

8VAC20-781-650. Animals and pets.

A. Animals that are kept on the premises of the center or that interact with children at the center shall be vaccinated if applicable.

B. Animals that are, or are suspected of being, ill or infested with external lice, fleas, ticks, or internal worms shall be removed from contact with children.

C. No monkeys, bats, ferrets, poisonous or dangerous animals, reptiles, or psittacine birds (i.e., birds of the parrot family) shall be accessible to children during the hours children are in care, and the licensee shall ensure that children do not have direct physical contact with the animals. The licensee shall ensure that children do not come in physical contact with stray or wild animals.

D. No animals that have shown aggressive behavior shall be kept in the center or on the grounds.

E. All animal excrement shall be removed promptly, disposed of properly, and, if indoors, the soiled area cleaned and sanitized.

F. If a child is bitten by an animal while in care, the following procedures shall be followed:

1. The site of the bite shall be washed with soap and water immediately;

2. Appropriate first aid shall be administered immediately, including appropriate medical attention if necessary;

3. The child's parent and the local health department shall be notified immediately to report the animal bite incident; and

4. The incident shall be documented in the child's record as required by 8VAC20-781-50 and a written report shall be given to the parent as required by 8VAC20-781-400.

G. Manure shall be removed from barns, stables, and corrals at least once a day and stored and disposed of in a manner to prevent the breeding of flies.

Part XI

Evening and Overnight Care Programs

8VAC20-781-660. Evening and overnight care.

A. For evening care, beds with mattresses or cots with at least one inch of dense padding shall be used by children who sleep longer than two hours and are not required to sleep in cribs.

B. For overnight care, beds with mattresses or cots with at least two inches of dense padding shall be used by children who are not required to sleep in cribs.

C. In addition to the provisions of 8VAC20-781-440 regarding linens, bedding appropriate to the temperature and other conditions of the rest area shall be provided.

D. Centers providing evening care or overnight care on an occasional basis are not required to meet the requirements subsection A and B of this section if sleeping bags or cots are used.

E. If sleeping bags are used, the provisions of 8VAC20-781-430 A through H regarding cribs, cots, rest mats, and beds shall also apply to the use of sleeping bags.

F. In centers providing overnight care, an operational tub or shower with heated and cold water shall be provided.

G. Activities for children in evening or overnight care shall include, as time allows, age-appropriate activities as described in 8VAC20-781-310 through 8VAC20-781-350.

H. Quiet activities shall be available immediately before bedtime.

I. School-age children may use bunk beds for sleeping.

J. Primitive camps are not required to have a tub or shower.

Part XII

Therapeutic and Special Needs Programs

8VAC20-781-670. Applicability.

A child day center that meets the definition of a therapeutic child day program or special needs child day program shall also comply with all requirements of Parts I through XI of this chapter.

8VAC20-781-680. Assessments.

Therapeutic child day programs shall ensure that an individual assessment is:

1. Completed within six months before the child's attendance or 30 days after the first day of attendance and maintained for each child.

2. Reviewed and updated for each child no less than once every 12 months.

8VAC20-781-690. Individual service, recreation, education, or treatment plan.

Therapeutic child day programs shall ensure that an individual service, recreation, education, or treatment plan is:

1. Developed for each child by the director or the director's designee in consultation with primary staff responsible for plan implementation.

2. Implemented within 60 days after the first day of the child's attendance.

3. Reviewed every three months and revised if needed by the director or the director's designee in consultation with primary staff responsible for plan implementation. The review and revisions shall be done in partnership with the child's parent.

4. Maintained in the child's record, with a copy given to the child's parent.

8VAC20-781-700. Qualifications of staff.

Notwithstanding 8VAC20-781-90 and 8VAC20-781-110, therapeutic child day programs and special needs programs shall ensure that:

1. Directors have education and programmatic experience in the group care of children with special needs.

2. Lead teachers have at least three months of programmatic experience in the group care of children with special needs.

8VAC20-781-710. Staff training.

Therapeutic child day programs and special needs child day programs shall ensure that staff who work with children:

1. Receive training before assuming job responsibilities in:

a. Staff occupational health and safety practices in accordance with Occupational Safety and Health Administration's bloodborne pathogens regulation (29 CFR 1910.1030);

b. Activity adaptations;

c. Medication administration;

d. The special needs of the children in care, including functional abilities and accommodations;

e. Disabilities and health issues; and

f. Appropriate precautions and intervention strategies.

2. Annually complete eight additional hours of training on topics related to the care of children with special needs.

8VAC20-781-720. Staff-to-children ratio requirements.

A. For therapeutic child day programs and special needs child day programs, in each grouping of children of preschool age or younger, the following ratios of staff to children are required according to the special needs of the children in care:

1. For children with severe and profound disabilities, multiple special needs, serious medical need, or serious emotional disturbance: one staff member to three children.

2. For children diagnosed as having an intellectual disability with significant sub-average intellectual functioning and deficits in adaptive behavior, children with physical and sensory disabilities, or children with autism: one staff member to four children.

3. For children diagnosed as having an intellectual disability in the mild range of development, children with a developmental delay, or children diagnosed with attention deficit/hyperactivity disorder (ADHD): one staff member to five children.

4. For children diagnosed with specific learning disabilities: one staff member to six children.

5. When children with varied special needs are included in a group, the staff-to-children ratio applicable to the child with the most significant special need in the group shall apply to the entire group.

6. Whenever 8VAC20-781-270 B requires more staff than subsection A of this section because of the children's ages, 8VAC20-781-270 B shall take precedence over subsection A of this section.

B. For therapeutic child day programs and special needs child day programs, in each grouping of school-age children, the following ratios of staff to children are required according to the special needs of the children in care:

1. For children with severe and profound disabilities, autism, multiple special needs, serious medical need, or serious emotional disturbance: one staff member to four children.

2. For children diagnosed as having an intellectual disability with significant sub-average intellectual functioning and deficits in adaptive behavior or with physical and sensory disabilities, ADHD, or other health impairments: one staff member to five children.

3. For children diagnosed as having an intellectual disability in the mild range of development or as developmentally delayed: one staff member to six children.

4. For children diagnosed with specific learning disabilities or speech or language impairments: one staff member to eight children.

5. When children with varied special needs are included in a group, the staff-to-children ratio applicable to the child with the most significant special need in the group shall apply to the entire group.

C. Group size requirements in 8VAC20-781-270 A do not apply to therapeutic child day programs and special needs child day programs.

8VAC20-781-730. Equipment and materials.

Therapeutic child day programs and special needs child day programs serving children who use wheelchairs shall provide appropriate positioning equipment and cushioned vinyl-covered floor mats for use when activities require children to be out of wheelchairs.

8VAC20-781-740. Special feeding needs.

A. For therapeutic child day programs and special needs child day programs, the consistency of food shall be appropriate to a child's special feeding needs.

B. Necessary and adaptive feeding equipment and feeding techniques shall be used for children with special feeding needs according to the information on file pursuant to 8VAC20-781-50 B 5.

8VAC20-781-750. Transportation for non-ambulatory children.

A. Therapeutic child day programs and special needs child day programs providing transportation to non-ambulatory children shall ensure children are transported in a vehicle that is equipped with a ramp or hydraulic lift to allow entry and exit.

B. Wheelchairs shall be equipped with restraining devices and shall be securely fastened to the floor when used to seat children in a vehicle.

C. Arrangements of wheelchairs in a vehicle shall not impede access to exits.

D. For therapeutic child day programs and special needs child day programs, when the center is responsible for providing transportation, the center shall develop and implement a plan based on the needs of the children in care to ensure safe supervision during on-loading, off-loading, and transporting.

E. When 16 or more children are being transported, there shall be at least one staff member or adult besides the driver for each group of 16 children.

F. For therapeutic child day programs and special needs child day programs, if a child who has a known seizure disorder or neurological, genetic, or physiological disability causing increased medical risk is being transported, one staff member or adult who is not the driver and who is trained in first aid and CPR shall be present in the vehicle.

FORMS (8VAC20-781)

Medication Authorization Form (rev. 11/2025)

Report of Tuberculosis Screening for Child Day Programs (eff. (insert effective date of regulation))