HD36 - Impact of Proposed Revisions to the Minimum Standards for Licensed Child Day-Care Centers in Virginia


Executive Summary:
Report Mandate

This report is submitted pursuant to House Resolution 18 (HR 18), passed by the House of Delegates during the 2004 General Assembly. House Resolution 18 requires the Child Day-Care Council (Council) to review the impact of proposed revisions to the Minimum Standards for Licensed Child Day Centers (22 VAC 15-30) on providers and families. The resolution requests that implementation of revised standards pertaining to staff-to-child ratios, educational requirements, square footage and group size be delayed until July 1, 2005. Further, HR 18 requires the Council to report on progress in meeting the request of the resolution, no later than the first day of the 2005 Regular Session of the General Assembly. A copy of HR 18 is included as Attachment A.

Review of Impact by Council

The Council carefully considered the impact of proposed changes to 22 VAC 15-30 in three separate arenas: prior to the Notice of Intended Regulatory Action, following the 60-day public comment period, and in response to legislative action. The Council's efforts to assess the impact of the changes are addressed below.

In October 2000, the Council sent a survey on the child care center regulation to approximately 2,600 child day center operators and licensing staff concerned with these programs. Three hundred and seventy-one surveys were returned representing 440 licensed centers and licensing staff. The survey was conducted to prepare for the required periodic review due in 2001. Indications that the regulation should be revised were based on comments from the survey, comments received during the periodic review public comment period, and comments received during the 30-day public comment period for the Notice of Intended Regulatory Action. Revisions were also based on comments the Council received on the regulation since its last effective date, feedback from issues encountered during technical assistance, new developments in research, and feedback from regional licensing staff. The Council adopted a final regulation in May 2004, and in doing so, made changes to some provisions from the proposed regulation to the final. The final regulation is currently pending with the Governor.

When the proposed child care regulation was published for public comment, over 3,000 comments were received and reviewed. In addition, the Council held public comment periods during meetings, all of which were heavily attended. In adopting the final regulation, Council members spent many hours considering the public comment, applicable research and current practice. Their deliberations focused most intensely on the proposed changes to staff-to-child ratios, educational requirements, square footage and group size, and the impact of these changes on providers, parents and children. The information in Attachment B represents a culmination of the Council's review, as it considered the impact of proposed changes. For each key proposed changed, the Council considered a comparison of Virginia to other states, current research, impact analyses, public comments, recommendations, and options.

In addition to the Council's review of the proposed regulation, the Joint Legislative Audit and Review Commission (JLARC) was directed by the 2004 General Assembly to study and report on the impact of changes to the regulation on parents, providers and children. Staff from JLARC reported their findings to the Commission on September 13, 2004. The JLARC report, "Special Report: Impact of Proposed Child Day Care Regulations in Virginia (September 2004)" is available at http://jlarc.state.va.uslMeetings/September04/DayCare.pdf.

Implementation Schedule

The resolution requests that implementation of revised standards pertaining to staff-to-child ratios, educational requirements, square footage and group size be delayed until July 1, 2005. In voting on a final regulation in May 2004, the Council adopted a gradual implementation schedule for most of these provisions, in response to public comments. In the final regulation, the Council voted to strike proposed standards for maximum group size, keeping group size unregulated. Attachment C provides the implementation schedule for the remaining relevant provisions.

The Child Day Care Council took action on this report on November 18, 2004.