Agencies | Governor
Virginia Regulatory Town Hall
Department of Education
State Board of Education
Child Care Program [8 VAC 20 ‑ 790]
Action is Exempt from Article 2 of the Administrative Process Act
Changes to the Child Care Subsidy Program regulations to comply with items from the FY 2023-2024 budget
General Information
Action Summary Chapter 2 of the 2022 Acts of the Assembly (“Chapter 2”) appropriated funds for the 2023–2024 Biennium. Item 129.P of Chapter 2 states that “[n]otwithstanding 8VAC-20-790, the Department of Education shall not set a limit on the duration of time that families may participate in the Child Care Subsidy Program, subject to available funds.” Item 129.Q of Chapter 2 states, in part, that “[n]otwithstanding 8VAC-20-790, the Department of Education shall increase participation in the Child Care Subsidy Program among families and providers using non-general funds by: 1) making child care assistance available to parents or guardians who are searching for work; . . . 3) issuing payments to Child Care Subsidy Program vendors for authorized enrollment, subject to the attendance threshold established by the Department of Education; 4) issuing payments to providers for up to 15 days of planned closure for all vendors in the Child Care Subsidy Program for holidays, vacations, and professional development or planning time; 5) issuing payments to family day homes in the Child Care Subsidy program for up to three sick days to care for themselves or a family member; 6) increasing provider payment rates based on the cost methodology developed by the Department in its Child Care Cost Estimation Report; 7) ensuring that Child Care Subsidy Program vendor payment rates for infants and toddlers fully reflect the cost of care; and 8) eliminating copayments for families at or below 100 percent of the federal poverty guidelines and reducing copayments for families above 100 percent of the federal poverty guidelines.” In order for the Board of Education (“Board”) to implement the requirements of the budgetary language, the Board must amend 8VAC20-790-20, 8VAC20-790-40, and 8VAC20-790-80.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act, but falls within the Executive Branch and will be reviewed by the Governor's Office.
RIS Project Yes  [7208]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
9805 Final Stage complete. This regulation became effective on 11/25/2022.
Contact Information
Name / Title: Jim Chapman  / Regulatory and Legal Coordinator
Address: James Monroe Bldg., 25th Floor
101 N. 14th St.
Richmond, VA 23219
Email Address:
Phone: (804)225-2540    FAX: ()-    TDD: ()-