Title 22.1, Education

A. Notwithstanding any other provisions of this chapter, a child day center, including a child day center operated or conducted under the auspices of a religious institution, shall be exempt from the licensure requirements of this chapter, but shall comply with the provisions of …

A. A preschool or nursery school program operated by a private school accredited by an accrediting organization recognized by the Board pursuant to § 22.1-19 shall be exempt from licensure under this chapter if it complies with the provisions of this section and meets the require…

In order to perform his duties under this chapter, the Superintendent may enter and inspect any unlicensed child care operation with the consent of the owner or person in charge, or pursuant to a warrant. Administrative search warrants for inspections of child care operations, ba…

For purposes of this chapter, convictions for any barrier crime as defined in § 19.2-392.02 shall include prior adult convictions and juvenile convictions or adjudications of delinquency based on a crime that would be a felony if committed by an adult within or outside the Common…

A. No child day center, home-based child care, or home-based child care system licensed in accordance with the provisions of this chapter, child day center exempt from licensure pursuant to § 22.1-289.031, registered home-based child care, home-based child care approved by a home…

A. Every (i) applicant for licensure as a child day center, home-based child care, or a home-based child care system, registration as home-based child care, or approval as home-based child care by a home-based child care system; (ii) agent of an applicant for licensure as a child…

A. The Superintendent may revoke or deny renewal of a license or registration of a child day program or home-based child care system, and a home-based child care system may revoke the approval of home-based child care, if the child day program, home-based child care system, or ap…

A. Any person who seeks to operate, volunteer, or work at a child day program or home-based child care system and who is disqualified because of a criminal conviction or a criminal conviction in the background check of any other adult living in the home in which home-based child …

Any child day center that is exempt from licensure pursuant to § 22.1-289.031 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…

A. Whenever any child day center or home-based child care that has not met the requirements of §§ 22.1-289.035, 22.1-289.036, and 22.1-289.039 applies to enter into a contract with the Department or its agents or designees to provide child care services to clients of the Departme…

It shall be unlawful for any person to operate home-based child care if he, or if he knows that any other person who resides in, is employed by, or volunteers in the home, has been convicted of a felony in violation of § 18.2-48, 18.2-61, 18.2-63, 18.2-64.1, 18.2-67.1, 18.2-67.2,…

With such funds as are appropriated for this purpose, the Superintendent shall establish a toll-free telephone line to respond to complaints regarding operations of child day programs or home-based child care systems. Upon receipt of a complaint concerning the operation of a chil…

Whenever the Department conducts inspections and investigations in response to complaints received from the public, the identity of the complainant and the identity of any child who is the subject of the complaint, or identified therein, shall be confidential and shall not be ope…

No child day program or home-based child care system shall retaliate or discriminate in any manner against any person who (i) in good faith complains or provides information to, or otherwise cooperates with, the Department or any other agency of government or any person or entity…

No child day program or home-based child care system shall retaliate in any manner against any person who in good faith reports child abuse or neglect pursuant to Chapter 15 (§ 63.2-1500 et seq.) of Title 63.2.

A. The Board shall adopt regulations for the activities, services, and facilities to be employed by persons and agencies required to be licensed under this chapter that shall be designed to ensure that such activities, services, and facilities are conducive to the welfare of the …

The Department is authorized to enter into interagency agreements with other state agencies to develop and implement regulations adopted pursuant to this chapter. Any state agency identified by the Department as appropriate to include in an interagency agreement shall participate…

Program leaders and child-care supervisors employed by child day centers may possess an approved credential. For purposes of this section: "Approved credential" means a competency-based credential awarded to individuals who work with children ages five and under in either a teach…

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 pe…

A. Any person who operates home-based child care approved by a licensed home-based child care system, licensed home-based child care, or voluntarily registered home-based child care shall furnish a written notice to the parent or guardian of each child under the care of the home-…

Any facility licensed as a child day center which also meets the requirements for a license as a summer camp by the Department of Health under the provisions of § 35.1-18 shall be entitled to a summer camp license. Such a facility shall comply with all of the regulations adopted …

The Superintendent shall not issue a license to any child day center that is located in a building built prior to 1978 until he receives a written statement that the building has been inspected for asbestos, as defined by § 2.2-1162, and in accordance with the regulations for ini…

In case the Superintendent fails to take final action upon an application for a license within 60 days after the application is made, either by way of issuance or refusal, or fails within such time to notify the applicant thereof, it shall be lawful for the applicant to engage in…

A custodial parent or guardian shall be admitted to any child day program. For purposes of this section, "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…

The Board may adopt policies, as permitted by state and federal law, to restrict the eligibility of a child day program or home-based child care system to receive or continue to receive funds when such agency is found to be in serious or persistent violation of regulations.

Programs offered to students who reside at or who are affiliated with a private school accredited by the Virginia Council for Private Education, which is located west of Sandy Ridge and on the watersheds of Big Sandy River and to which no contributions are made by the Commonwealt…

During hours of operation, all firearms in a home in which home-based child care licensed pursuant to § 22.1-289.011 or voluntarily registered pursuant to § 22.1-289.015 is provided or in a home in which home-based child care approved by a home-based child care system is provided…

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 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. Environm…

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 of § 22.1-289.030 that serves preschool-age children shall be equipped with at least one carbon monoxide…

A. The Board shall amend its regulations to require each child day center to implement policies for the possession and administration of epinephrine in every such center to be administered by any nurse at the center, employee at the center, or employee of a local health departmen…

A. As used in this chapter, unless the context requires a different meaning: "At-risk student" means a student having a physical, emotional, intellectual, socioeconomic, or cultural risk factor, as defined in Board criteria, that research indicates may negatively influence educat…

A. Each college partnership laboratory school shall receive such funds as may be appropriated by the General Assembly in accordance with the general appropriation act. B. The governing board of a college partnership laboratory school may accept gifts, donations, or grants of any …

A college partnership laboratory school is immune from liability to the same extent as is the public institution of higher education that establishes the school, and the employees and volunteers in a college partnership laboratory school are immune from liability to the same exte…

There is created in the state treasury a special nonreverting fund to be known as the College Partnership Laboratory School Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All funds appropriated in accordance with th…

A. A college partnership laboratory school is subject to all federal and state laws and regulations and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, ancest…

A. The contract between the college partnership laboratory school and the Board shall reflect all agreements regarding the release of the college partnership laboratory school from state regulations, consistent with the requirements of subsection C of § 22.1-349.3. If the college…

A. Any public institution of higher education or private institution of higher education that has a teacher education program approved by the Board may submit an application for formation of a college partnership laboratory school. B. Each college partnership laboratory school ap…

A. The Board shall establish procedures for receiving, reviewing, and ruling upon applications and shall make a copy of any such procedures available to all interested parties upon request. If the Board finds that the application is incomplete, the Board shall request the necessa…

The decision of the Board to grant or deny a college partnership laboratory school application or to revoke or fail to renew an agreement is final and is not subject to appeal.

A. A college partnership laboratory school may be approved or renewed for a period not to exceed five school years. A college partnership laboratory school renewal application submitted to the Board shall contain: 1. A report on the progress of the school in achieving the goals, …

A. College partnership laboratory school personnel are employees of the institution of higher education that establishes the school. B. Teachers who work in a college partnership laboratory school shall hold a license issued by the Board or, in the case of an instructor in the Bo…

A. With such funds as may be appropriated by the General Assembly in the general appropriation act, the Western Virginia Public Education Consortium (the Consortium) is hereby established and shall be maintained. For the purposes of this chapter and the work of the Consortium, "W…

The Consortium shall perform the following functions and duties: 1. Coordinate with organizations and agencies providing programs and services to Consortium school divisions to reduce duplication of effort and optimize the use of available resources; 2. Conduct ongoing assessment…

From such funds as may be appropriated or received, the board of the Consortium may appoint an executive director, who shall be authorized to employ such staff as necessary to enable the Consortium to perform its duties as set forth in this chapter. The board is authorized to det…

The Consortium is authorized to apply for, accept, and expend gifts, grants, or donations from public or private sources to enable it to carry out its objectives.

All agencies of the Commonwealth shall cooperate with the Consortium and, upon request, assist the Consortium in the performance of its duties and responsibilities.