EVERY child care business should take a few minutes to add their comments related to the proposed Standards for Licensed Child Day Centers regulation (8VAC20-781), which were published on 12/1/25 and open for public comments until January 30, 2026. You can view the current published version (from 12/1/25) HERE.
VCCA has assembled suggested comments and/or interpretation for NINE proposed changes that we view as problematic, unclear or both. Those comments are available HERE along with the link to submit comments.
The Proposed Standards for Licensed Child Day Centers regulation (8VAC20-781) repeals the current Standards for Licensed Child Day Centers (8VAC20-780) and establishes a comprehensive new chapter, which:
- Adjusts the structure, format, and language of the current regulation;
- Removes duplicative requirements found in the Code of Virginia;
- Incorporates updates to address everchanging national health and safety guidelines and practices; and
- Incorporates updates to the regulation while preserving protection of the health, safety, and welfare of children in care in licensed child day centers regulated by the Department.
Comments must be received by 11:59 pm on the last day (1/30/26) of the public comment period. At the conclusion of the public comment period, the VADOE will review comments, conduct a review of the regulation and make any necessary amendments in preparation for the final regulation which must also be approved by the Board of Education before the Executive review begins.
Submit (or view) comments on the proposed regulation HERE.
The public comment period ends January 30, 2026. Below are the 9 sections VCCA has determined needs clarification or amending (and our comments are in RED)
781-50
B. 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.
The requirement for parents to disclose to centers “previous child care centers attended” seems like a privacy issue. Centers may choose to ask, but the state should not require this information to be disclosed.
781-70
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.
Give centers the option to collect or not collect this documentation. Staff often have other more critical concerns. Some centers have advanced technology which has the ability to capture this information in real time. For those centers that do not (or can’t afford) such option, the burden is placed on the classroom teacher to focus on this daily requirement which may take their focus off the children in the classroom.
781-80
D. 1. …shall have been completed within 90 calendar days prior to coming in contact with children at the center.
Allow TB tests to be valid for a previous 180 day (6 month) prior window. Anything that can be done to streamline the hiring process and/or lesson the barriers should be considered. Item 2.A. states “…any staff member who develops symptoms compatible with Tuberculosis disease, regardless of the date of the last TB screening or assessment, shall immediately obtain and submit a new Tuberculosis screening. (A safe guard is already in place)
781-130
B.8. (ii) How the center will ensure that each group of children receives care by consistent staff or team of staff members.
Replace the word “ensure” with “will strive” or “will attempt”.
781-140
B. The ongoing training shall not include the training required by 8VAC-781-130 B or C. (“C” is First Aid/CPR)
One of the most important certification training staff members receive is First Aid and CPR.
Its importance is devalued when staff does not receive credit hours. We believe First Aid and CPR training should count towards staff annual training hour requirement.
781-270
B. Child to staff Ratios
Perhaps Four year old child ratio (specifically one year from public school) returns to 1:12?
781-400 Accident Reporting
B. 7. Future action to prevent reoccurrence.
Add: Future action to prevent reoccurrence if applicable.
781-610
J. Tables and high chair trays shall be cleaned and sanitized before and after each use for feeding.
Change to: Tables and high chair trays shall be cleaned and sanitized before each use for feeding and cleaned after each use for feeding. (Omitting the requirement to sanitize after use)
781-650
C. …reptiles…shall ensure that children shall not have direct physical contact with such animals.
Allow for an exception for turtles in school age classrooms. CDC advises against pet turtles for children under 5 yrs and adults over 65 yrs. (CDC guidelines updated 1-30-25)