Bill Text: VA SB76 | 2024 | Regular Session | Prefiled
Bill Title: Child day centers operated by religious institutions; exemption from licensure.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-08 - Passed by indefinitely in Education and Health (9-Y 5-N 1-A) [SB76 Detail]
Download: Virginia-2024-SB76-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§15.2-741, 15.2-914, 22.1-289.04, 22.1-289.030, 22.1-289.035, 22.1-289.039, 22.1-289.049, 22.1-289.057, and 22.1-289.058 of the Code of Virginia are amended and reenacted as follows:
§15.2-741. Regulation of child-care services and facilities in certain counties.
A. The board may by ordinance provide for the regulation and
licensing of (i) persons who provide child-care services for remuneration and
(ii) child-care facilities. "Child-care services" includes regular
care, protection, or guidance during a part of a day to one or more children,
not related by blood or marriage to the provider of services, while they are
not attended by their parent, guardian, or person with legal custody.
"Child-care facilities" includes any commercial or residential
structure which is used to provide child-care services for remuneration.
However, such ordinance shall not require the regulation or licensing of any
facility operated by a religious institution as exempted from licensure by §22.1-289.031 pursuant to subdivision A 9 of §
22.1-289.030.
B. Such ordinance may be more restrictive or more extensive in scope than statutes or state regulations that may affect child-care services or child-care facilities, provided that such ordinance shall not impose additional requirements or restrictions on the construction or materials to be used in the erection, alteration, repair, or use of a residential dwelling.
§15.2-914. Regulation of child-care services and facilities in cities and certain counties.
Any (i) county that has adopted the urban county executive form of government or (ii) city may by ordinance provide for the regulation and licensing of persons who provide child-care services for compensation and for the regulation and licensing of child-care facilities. "Child-care services" means provision of regular care, protection and guidance to one or more children not related by blood or marriage while such children are separated from their parent, guardian or legal custodian in a dwelling not the residence of the child during a part of the day for at least four days of a calendar week. "Child-care facilities" includes any commercial or residential structure that is used to provide child-care services.
Such local ordinance shall not require the regulation or
licensing of any child-care facility that is licensed by the Commonwealth and
such ordinance shall not require the regulation or licensing of any facility
operated by a religious institution as exempted from licensure by §22.1-289.031 pursuant to subdivision A 9 of §
22.1-289.030.
Except as otherwise provided in this section, such local ordinances shall not be more extensive in scope than comparable state regulations applicable to family day homes. Such local ordinances may regulate the possession and storage of firearms, ammunition, or components or combination thereof at child-care facilities and may be more extensive in scope than comparable state statutes or regulations applicable to family day homes. Local regulations shall not affect the manner of construction or materials to be used in the erection, alteration, repair or use of a residential dwelling.
Such local ordinances may require that persons who provide child-care services shall provide certification from the Central Criminal Records Exchange and a national criminal background check, in accordance with §§19.2-389 and 19.2-392.02, that such persons have not been convicted of any offense involving the sexual molestation of children or the physical or sexual abuse or rape of a child or any barrier crime defined in §19.2-392.02, and such ordinances may require that persons who provide child-care services shall provide certification from the central registry of the Department of Social Services that such persons have not been the subject of a founded complaint of abuse or neglect. If an applicant is denied licensure because of any adverse information appearing on a record obtained from the Central Criminal Records Exchange, the national criminal background check, or the Department of Social Services, the applicant shall be provided a copy of the information upon which that denial was based.
§22.1-289.04. Early childhood care and education advisory committee.
The Board shall establish an early childhood care and
education advisory committee to advise the Board on programs, systems, and
regulations established pursuant to this chapter. The advisory committee shall
include the following members, who shall represent geographically diverse
areas: (i) two representatives of publicly funded licensed providers, including
at least one for-profit provider; (ii) one representative of an early childhood
care and education entity that is not a publicly funded provider; (iii) two
representatives of early childhood care and education entities that are
license-exempt pursuant to Article 4 (§22.1-289.030 et seq.), including one
representative of an early childhood care and education entity that is exempt
from licensure pursuant to §22.1-289.031 subdivision A 9 of §
22.1-289.030; (iv) three representatives of Head Start
providers, one of which shall be operated by a local school division, and two
of which shall not be operated by a local school division; (v) two
representatives from local school divisions or local school boards operating
early childhood programs other than Head Start providers; (vi) two
representatives of nonprofit advocacy organizations in the Commonwealth that
focus on early childhood care and education; (vii) one representative of a
family day home that is a publicly funded provider; (viii) two professionals or
faculty members from an institution of higher education in the Commonwealth who
have child development or early childhood education expertise; (ix) one
representative from the Virginia chapter of the American Academy of Pediatrics;
(x) one representative from an advocacy or service organization that focuses on
serving children with disabilities; (xi) one representative from a business in
the Commonwealth; (xii) one parent of a child currently enrolled in a preschool
program offered by a publicly funded provider; (xiii) one representative of the
Virginia Council on Private Education; (xiv) one representative from a
statewide nonprofit association in the Commonwealth whose membership includes
both before-school and afterschool nonprofit child care providers and nonprofit
preschool providers; (xv) one representative from a nonprofit entity that
provides child care resource and referral services related to the operation of
early childhood care and education programs; and (xvi) such other members as
the Board may deem appropriate. The Commissioner of Social Services or his
designee, the Secretary of Education or his designee, the Secretary of Health
and Human Resources or his designee, the Superintendent of Public Instruction
or his designee, the Commissioner of the Department of Health or his designee,
the Commissioner of the Department of Behavioral Health and Development
Services or his designee, and the Director of the Head Start Collaboration
Office shall serve ex officio without voting privileges. The Board shall
establish bylaws for such advisory committee that include term length and limits
for members.
§22.1-289.030. Exemptions from licensure.
A. The following programs are not child day programs and shall not be required to be licensed:
1. A program of instructional experience in a single focus, such as, but not limited to, computer science, archaeology, sport clinics, or music, if children under the age of six do not attend at all and if no child is allowed to attend for more than 25 days in any three-month period commencing with enrollment. This exemption does not apply if children merely change their enrollment to a different focus area at a site offering a variety of activities and such children's attendance exceeds 25 days in a three-month period.
2. Programs of instructional or recreational activities wherein no child under age six attends for more than six hours weekly with no class or activity period to exceed one and one-half hours, and no child six years of age or above attends for more than six hours weekly when school is in session or 12 hours weekly when school is not in session. Competition, performances, and exhibitions related to the instructional or recreational activity shall be excluded when determining the hours of program operation.
3. Instructional programs offered by private schools that serve school-age children and that satisfy compulsory attendance laws or provide services under the Individuals with Disabilities Education Act, as amended, and programs of school-sponsored extracurricular activities that are focused on single interests such as, but not limited to, music, sports, drama, civic service, or foreign language.
4. Instructional programs offered by public schools that serve preschool-age children, satisfy compulsory attendance laws, or provide services under the Individuals with Disabilities Education Act (20 U.S.C. §1400 et seq.), as amended, and programs of school-sponsored extracurricular activities that are focused on single interests such as, but not limited to, music, sports, drama, civic service, or foreign language.
5. Early intervention programs for children eligible under Part C of the Individuals with Disabilities Education Act (20 U.S.C. §1431 et seq.), as amended, wherein no child attends for more than a total of six hours per week.
6. Practice or competition in organized competitive sports leagues.
7. Programs of religious instruction, such as Sunday schools, vacation Bible schools, Bar Mitzvah or Bat Mitzvah classes, and nurseries offered by religious institutions and provided for the duration of specified religious services or related activities to allow parents or guardians or their designees who are on site to attend such religious services and activities.
8. A program of instructional or athletic experience operated during the summer months by, and as an extension of, an accredited private elementary, middle, or high school program as set forth in §22.1-19 and administered by the Virginia Council for Private Education.
9. A child day center that is operated or conducted under the auspices of a religious institution that (i) has tax exempt status as a nonprofit religious institution in accordance with §501(c) of the Internal Revenue Code of 1954, as amended, or (ii) owns and exclusively occupies real property that is exempt from local taxation.
B. The following child day programs shall not be required to be licensed:
1. A child
day center that has obtained an exemption pursuant to §
22.1-289.031.
2. A program where, by written policy given to and signed
by a parent or guardian, school-age children are free to enter and leave the premises
without permission. A program that would qualify for this exemption except that
it assumes responsibility for the supervision, protection, and well-being of
several children with disabilities who are mainstreamed shall not be subject to
licensure.
3. 2. A program that operates no
more than a total of 20 program days in the course of a calendar year, provided
that programs serving children under age six operate no more than two
consecutive weeks without a break of at least a week.
4. 3. Child-minding services that
are not available for more than three hours per day for any individual child
offered on site in commercial or recreational establishments if the parent or
guardian (i) can be contacted and can resume responsibility for the child's
supervision within 30 minutes and (ii) is receiving or providing services or
participating in activities offered by the establishment.
5. 4. A certified preschool or
nursery school program operated by an accredited private school as set forth in
§22.1-19 and administered by the Virginia Council for Private Education that
complies with the provisions of §22.1-289.032.
6. 5. A program of recreational
activities offered by local governments, staffed by local government employees,
and attended by school-age children. Such programs shall be subject to safety
and supervisory standards established by the local government offering the
program.
7. 6. A program offered by a local
school division, operated for no more than four hours per day on full
instructional days or for more than four hours per day on shortened
instructional days or noninstructional days, staffed by local school division
employees, and attended by children who are at least three years of age and are
enrolled in public school or a preschool program within such school division.
Such programs shall be subject to safety and supervisory standards established
by the local school division offering the program.
8. 7. Child-minding services
offered by a business on the premises of the business to no more than four
children under the age of 13 at any given time and for no more than eight hours
per day, provided that the parent or guardian of every child receiving care is
an employee of the business who is on the premises of the business and can
resume responsibility for the child's supervision within 30 minutes upon
request.
9. 8. A program offered by a
private school accredited by and in good standing with the Virginia Council for
Private Education, operated for no more than four hours per day, staffed by the
accredited private school's employees, and attended by school-age children who
are enrolled in the accredited private school. Such programs shall be subject
to safety and supervisory standards established by the Virginia Council for
Private Education.
C. Child day programs that are exempt from licensure pursuant to subsection B, except for child day programs that are exempt from licensure pursuant to subdivision B 1 or 5, shall:
1. File with the Superintendent annually and prior to beginning operation of a child day program a statement indicating the intent to operate a child day program, identifying the specific provision of this section relied upon for exemption from licensure, and certifying that the child day program has disclosed in writing to the parents or guardians of the children in the program the fact that it is exempt from licensure;
2. Report to the Superintendent all incidents involving serious physical injury to or death of children attending the child day program. Reports of serious physical injuries, which shall include any physical injuries that require an emergency referral to an offsite health care professional or treatment in a hospital, shall be submitted annually. Reports of deaths shall be submitted no later than one business day after the death occurred; and
3. Post in a visible location on the premises notice that the child day program is operating as a program exempt from licensure with basic health and safety requirements but has no direct oversight by the Department.
D. Child day programs that are exempt from licensure pursuant to subsection B, except for child day programs that are exempt from licensure pursuant to subdivision B 1, 5, 6, or 7 shall:
1. Have a person trained and certified in first aid and cardiopulmonary resuscitation present at the child day program whenever children are present or at any other location in which children attending the child day program are present;
2. Maintain daily attendance records that document the arrival and departure of all children;
3. Have an emergency preparedness plan in place;
4. Comply with all applicable laws and regulations governing transportation of children; and
5. Comply with all safe sleep guidelines recommended by the American Academy of Pediatrics.
E. The Superintendent shall inspect child day programs that are exempt from licensure pursuant to subsection B to determine compliance with the provisions of this section only upon receipt of a complaint, except as otherwise provided by law.
F. Family day homes that are members of a licensed family day system shall not be required to obtain a license from the Superintendent.
§22.1-289.035. Licensed child day centers, family day homes, and family day systems; employment for compensation or use as volunteers of persons convicted of or found to have committed certain offenses prohibited; national background check required; penalty.
A. No child day center, family day home, or family day system
licensed in accordance with the provisions of this chapter, child day center
exempt from licensure pursuant to §22.1-289.031 subdivision A 9 of §22.1-289.030,
registered family day home, family day home approved by a family day system, or
child day center, family day home, or child day program that enters into a
contract with the Department or its agents or designees to provide child care
services funded by the Child Care and Development Block Grant shall hire for
compensated employment, continue to employ, or permit to serve as a volunteer
who will be alone with, in control of, or supervising children any person who
(i) has been convicted of any barrier crime as defined in §19.2-392.02 or (ii)
is the subject of a founded complaint of child abuse or neglect within or
outside the Commonwealth. All applicants for employment, employees, applicants to
serve as volunteers, and volunteers shall undergo a background check in
accordance with subsection B prior to employment or beginning to serve as a
volunteer and every five years thereafter.
B. Any individual required to undergo a background check in accordance with subsection A shall:
1. Provide a sworn statement or affirmation disclosing whether he has ever been convicted of or is the subject of pending charges for any offense within or outside the Commonwealth and whether he has been the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;
2. Submit to fingerprinting and provide personal descriptive information described in subdivision B 2 of §19.2-392.02;
3. Authorize the child day center, family day home, or family day system described in subsection A to obtain a copy of the results of a search of the central registry maintained pursuant to §63.2-1515 for any founded complaint of child abuse or neglect against him; and
4. Authorize the child day center, family day home, or family day system described in subsection A to obtain a copy of the results of a criminal history record information check, a sex offender registry check, and a search of the child abuse and neglect registry or equivalent registry from any state in which the individual has resided in the preceding five years.
The applicant's fingerprints and personal descriptive information obtained pursuant to subdivision 2 shall be forwarded by the Department or its designee or, in the case of a child day program operated by a local government, may be forwarded by the local law-enforcement agency through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining national criminal history record information regarding such applicant. Upon receipt of an applicant's record or notification that no record exists, the Central Criminal Records Exchange shall forward the information to the Department or its designee, and the Department or its designee shall report to the child day center or family day home whether the applicant is eligible to have responsibility for the safety and well-being of children. In cases in which the record forwarded to the Department or its designee is lacking disposition data, the Department or its designee shall conduct research in whatever state and local recordkeeping systems are available in order to obtain complete data before reporting to the child day center, family day home, or family day system.
C. The child day center, family day home, or family day system described in subsection A shall inform every individual required to undergo a background check pursuant to this section that he is entitled to obtain a copy of any background check report and to challenge the accuracy and completeness of any such report and obtain a prompt resolution before a final determination is made of the individual's eligibility to have responsibility for the safety and well-being of children.
D. Any person making a materially false statement regarding the sworn statement or affirmation provided pursuant to subdivision B 1 is guilty of a Class 1 misdemeanor.
E. Further dissemination of the background check information is prohibited (i) other than to the Superintendent's representative or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination or (ii) except as provided in subsection J.
F. A person who complies in good faith with the provisions of this section shall not be liable for any civil damages for any act or omission in the performance of duties under this section unless the act or omission was the result of gross negligence or willful misconduct.
G. Notwithstanding the provisions of subsection A, a child day center may hire for compensated employment persons who have been convicted of not more than one misdemeanor offense under §18.2-57, or any substantially similar offense under the laws of another jurisdiction, if 10 years have elapsed following the conviction, unless the person committed such offense while employed in a child day center or the object of the offense was a minor.
H. Fees charged for the processing and administration of background checks pursuant to this section shall not exceed the actual cost to the state or the local law-enforcement agency of such processing and administration.
I. Any individual required to undergo a background check pursuant to subsection A who is (i) convicted of any barrier crime as defined in §19.2-392.02 or (ii) found to be the subject of a founded complaint of child abuse or neglect within or outside of the Commonwealth shall notify the child day center, family day home, or family day system described in subsection A of such conviction or finding.
J. Notwithstanding the provisions of subsection A, a background check shall not be required for any individual who has completed a background check under the provisions of this section within the previous five years, provided that (i) such background check was conducted after July 1, 2017; (ii) the results of such background check indicated that the individual had not been convicted of any barrier crime as defined in §19.2-392.02 and was not the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth; and (iii) the individual is currently or has been, within the previous 180 days, employed by or a volunteer at a child day center, family day home, family day system, or child day program described in subsection A. Prior to hiring or allowing to volunteer any individual required to undergo a background check pursuant to subsection A without the completion of a background check under the provisions of subsection B, the child day center, family day home, family day system, or child day program shall, upon the individual's written consent, obtain written certification from the Department or its designee that such individual satisfies all requirements set forth in this subsection and is eligible to serve as an employee or volunteer. If the individual meets all requirements set forth in this subsection and is eligible to serve as an employee or volunteer at the child day center, family day home, family day system, or child day program, the written certification shall also state the next date by which another background check for such person shall be completed in accordance with subsection B. Such written certifications shall not reveal the nature of any disqualifying barrier crime or founded complaint of child abuse or neglect or any other information about the individual.
K. Notwithstanding the provisions of subsection E, the Virginia Council for Private Education (the Council) or its authorized designee may review background check information for current employees of child day centers accredited by the Council for the purposes of seeking or maintaining accreditation by the Council as permitted pursuant to §22.1-19.
§22.1-289.039. Records check by unlicensed child day center; penalty.
Any child day center that is exempt from licensure pursuant to §22.1-289.031 subdivision A 9 of §22.1-289.030
shall require all applicants for employment, employees, applicants to serve as
volunteers, and volunteers and any other person who is expected to be alone
with one or more children enrolled in the child day center to obtain a
background check in accordance with §22.1-289.035. A child day center that is
exempt from licensure pursuant to §22.1-289.031 subdivision A 9 of §22.1-289.030
shall refuse employment or service to any person who (i) has been convicted of
any barrier crime as defined in §19.2-392.02 or (ii) is the subject of a
founded complaint of child abuse or neglect within or outside the Commonwealth.
The foregoing provisions shall not apply to a parent or guardian who may be
left alone with his own child. For purposes of this section, convictions shall
include prior adult convictions and juvenile convictions or adjudications of
delinquency based on a crime that would have been a felony if committed by an
adult within or outside the Commonwealth. Further dissemination of the
information provided to the facility is prohibited, except as otherwise
provided in subsection J of §22.1-289.035.
§22.1-289.049. Regulated child day programs to require proof of child identity and age; report to law-enforcement agencies.
A. Upon enrollment of a child in a regulated child day program, such child day program shall require information from the person enrolling the child regarding previous child day care and schools attended by the child. The regulated child day program shall also require that the person enrolling the child present the regulated child day program with the proof of the child's identity and age. The proof of identity, if reproduced or retained by the child day program or both, shall be destroyed upon the conclusion of the requisite period of retention. The procedures for the disposal, physical destruction, or other disposition of the proof of identity containing social security numbers shall include all reasonable steps to destroy such documents by (i) shredding, (ii) erasing, or (iii) otherwise modifying the social security numbers in those records to make them unreadable or indecipherable by any means.
B. For purposes of this section:
"Proof of identity" means a certified copy of a birth certificate or other reliable proof of the child's identity and age.
"Regulated child day program" is one in which a
person or organization 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 that is licensed pursuant to §22.1-289.011, voluntarily
registered pursuant to §22.1-289.015, certified as a preschool or nursery
school program pursuant to §22.1-289.032,
exempted from licensure as a child day center operated by a religious
institution pursuant to §22.1-289.031,
or approved as a family day home by a licensed family day system.
C. If the parent, guardian, or other person enrolling the child in a regulated child day program for longer than two consecutive days or other pattern of regular attendance does not provide the information required by subsection A within seven business days of initial attendance, such child day program shall immediately notify the local law-enforcement agency in its jurisdiction of such failure to provide the requested information.
D. Upon receiving notification of such failure to provide the information required by subsection A, the law-enforcement agency shall, if available information warrants, immediately submit an inquiry to the Missing Children Information Clearinghouse and, with the assistance of the local department of social services, if available information warrants, conduct the appropriate investigation to determine whether the child is missing.
E. The Board shall adopt regulations to implement the provisions of this section.
§22.1-289.057. Child day programs and certain other programs; potable water; lead testing.
A. Each child day program that is licensed pursuant to this
chapter and any program described in subdivision A 4, B 1,
or B 5 4
of §22.1-289.030 that serves preschool-age children shall develop and
implement a plan to test potable water from sources identified by the U.S.
Environmental Protection Agency as high priority, including bubbler-style and
cooler-style drinking fountains, kitchen taps, classroom combination sinks and
drinking fountains, home economics room sinks, teacher's lounge sinks, nurse's
office sinks, classroom sinks in special education classrooms, and sinks known
to be or visibly used for consumption.
B. The plan established pursuant to subsection A and the results of each test conducted pursuant to such plan shall be submitted to and reviewed by the Commissioner and the Department of Health's Office of Drinking Water.
C. If the results of any test conducted in accordance with the plan established pursuant to subsection A indicate a level of lead in the potable water that is at or above 15 parts per billion, the program shall remediate the level of lead in the potable water to below 15 parts per billion and confirm such remediation by retesting the water. The results of the retests shall be submitted to and reviewed by the Commissioner and the Department of Health's Office of Drinking Water.
D. Notwithstanding the provisions of subsection A or C, a child
day program that is licensed pursuant to this chapter and any program described
in subdivision A 4, B 1,
or B 5 4
of §22.1-289.030 may, in lieu of developing and implementing a plan to test
potable water or of remediation, 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 standards for bottled water. Any
program that chooses this option shall notify the Commissioner and the
Department of Health's Office of Drinking Water and the parent of each child in
the program of such choice.
§22.1-289.058. Child day programs and certain other programs; carbon monoxide detectors.
Each building that was built before 2015 and that houses a
child day program that is licensed pursuant to this chapter or any program
described in subdivision A 4, B 1,
or B 5 4
of §22.1-289.030 that serves preschool-age children shall be equipped with at
least one carbon monoxide detector.
2. That §22.1-289.031 of the Code of Virginia is repealed.
