This proposed regulation uses the term ‘children with special needs’. We believe people with disabilities prefer that they are referred to as people with disabilities rather than people with special needs so we intend to use the language children with disabilities in our writing. 

The added licensing standards protecting children with disabilities only apply to therapeutic child day programs which are programs that exclusively serve children with disabilities thus the majority of children with disabilities are not protected. We believe that all children with disabilities deserve appropriate protections outlined in the draft standards. Therapeutic day programs are very uncommon because this regulation is primarily for children under five and those in summer camp. We believe that the best environment for children is an inclusive environment and protections are needed for children with disabilities in all child care programs. 

• The assessment (8VAC20-781-680) and individual plans for children (8VAC20-781-690) with disabilities should be added to 8VAC20-781-400 as it is relevant to all children with disabilities in care regardless of setting. 

• The staff qualifications (8VAC20-781-700) and training (8VAC20-781-710) sections largely seem duplicative to the training required of all teachers which require training about the specific needs of children in care. A simplified version of these standards could be added to 8VAC20-781-140. We propose adding “Staff who work with children with disabilities shall receive an additional 4 hours per year of training on topics related to the care of children with special needs.” 

• Most children under five with disabilities are in inclusive programs so the staff-to-children ratio requirements (8VAC20-781-720) are unlikely to provide the protection intended. These ratios would not be appropriate to an inclusive environment. We see minimal harm in retaining these requirements. We recommend adding therapeutic to the title for ease of use. We are concerned that group size requirements do not apply to therapeutic programs (8VAC20-781-720 C).

• The protection for children in wheelchairs (8VAC20-781-730) seems to hold some bias around what would be supportive and clean for children in wheelchairs. We propose “When activities require children who use wheelchairs to be out of their wheelchairs they shall be provided appropriate positioning equipment or clean and cushioned flooring.” is added to 8VAC20-781-310 to protect children in wheelchairs in inclusive programs.

• Children with special feeding needs is already a section (8VAC20-781-620) and protection in 8VAC20-781-740 could be added there stating “Children with disabilities shall be fed according to the information on file pursuant to 8VAC20-781-50 B 5.”

• The language around the transportation of non-ambulatory children (8VAC20-781-750) should apply to any program not just those exclusively serving children with disabilities; thus this should be moved to 8VAC20-781-640.

The majority of children with disabilities in early childhood are in inclusive child care environments. Please shift these protections to support all children where possible.