Over the past month, the Virginia Child Care Association (VCCA) has actively engaged with the Virginia Department of Education (DOE) regarding the proposed revisions to the licensing standards, specifically concerning the square footage per child requirement. VCCA board members have initiated two meetings with DOE officials, engaging in in-depth discussions and analysis. Further discussions are expected as this issue progresses.

Current Standard

According to 8VAC20-780-310 (page 39): "Effective June 1, 2008, applicants must have 35 square feet of indoor wall-to-wall space per child.”  However, “current licensees and subsequent licensees at currently licensed facilities may continue to provide 25 square feet per child." (“grandfather clause”) 

Proposed Revision now found at 8VAC20-781-230 (page 19): The revised regulations will remove the important phrase “and subsequent licensees.” 

What This Means for Your Center: A center currently operating under the grandfather clause would likely lose this exemption upon the sale or change of ownership of the center.  This proposed regulatory change could significantly impact operations at the time of the sale by reducing the licensing capacity of the subsequent licensee, requiring an unenrollment of 1/3 of your students in need of high-quality care, and thereby reduce the value of future operations.    

Example:  A daycare that began operating in 2006 with a licensing capacity of 220 children was sold in 2017.  The new owner was “grandfathered” in and allowed to keep licensing capacity at 220.  This proposed change would mean that when that same daycare is sold to a new owner in the future, operating capacity would be reduced to approximately 157 children, or a 29% reduction in licensing capacity.  Losing much needed childcare spaces for Virginia families and reducing the resale value of the business.  

It is crucial that your voice is heard now!  We ask two things – follow the link below to publicly comment and answer our survey so we have more data for our next conversation with the DOE.

The Early Childhood Advisory Committee (ECAC) will discuss this issue at their meeting on Thursday, September 12th. Public comments are accepted at all ECAC meetings. If you have concerns about this proposed regulation change, please send your comments on this form by 8:00 a.m. on 9/12/2024.  

Here is a sample comment:

I am writing to express my deep concern regarding the proposed revision to 8VAC20-780-310, specifically the removal of the phrase "and subsequent licensees." This change would have significant implications for many childcare centers across Virginia, including our own.

As a center currently operating under the 25 square feet per child standard, we have consistently provided a safe, nurturing, and effective environment for our children. Our operations, staff-to-child ratios, and safety protocols are all designed around this standard, which has proven to be both successful and sustainable. Moving to a 35 square feet per child requirement would drastically reduce our center’s capacity at time of sale, forcing us to unenroll nearly one-third of our students. This sudden change would not only disrupt the lives of the children and families we serve but would also destabilize the financial viability of our center.

This issue was thoroughly vetted by the Child Care Council in 2006, which recognized the significant burden such a requirement would place on Virginia families and the childcare industry. The grandfather clause was implemented to protect existing centers and the families we serve from such disruptions, ensuring continuity of care for children and stability for businesses.

Removing the "subsequent licensees" provision upon the sale or change of ownership of a center would effectively penalize longstanding, well-established centers like ours. It would create an unnecessary barrier to the continuation of quality care and could lead to a reduction in available childcare slots across the state, exacerbating an already strained system.

I strongly urge the committee to reconsider this proposed revision. Maintaining the current grandfather clause, including for subsequent licensees, is essential to ensuring that Virginia's childcare centers can continue to operate successfully and safely without imposing undue burdens on families or the childcare industry.