Re: Comments Regarding Fast-Track Regulatory Changes to 8VAC20-780 (Standards for Licensed Child Day Centers) and 8VAC 20-790 (Child Care Program)

On behalf of Learning Care Group (LCG), thank you for the opportunity to provide comments on regulatory amendments to 8 VAC20-780 (Standards for Licensed Child Day Centers) and 8 VAC20-790 (Child Care Programs). Given our concerns outlined below, LCG respectfully requests the Virginia Department of Education (VDOE) withdraw these proposals from fast-track consideration and pursue a standard rulemaking.

LCG is among the largest providers of high-quality early childhood education in the nation. Through more than 1,100 locations, LCG has the capacity to serve more than 165,000 children per day and employs nearly 25,000 educators and school staff in 40 states and Washington, DC. With 11 distinct brands, LCG is proud to serve families from a wide range of incomes, including approximately 38 percent attending through the support of subsidy, thousands of children through off-base military care programs, participation in many state preschool programs, and hundreds of employer partnerships.

In Virginia, LCG proudly operates 62 schools under the Childtime, Everbrook Academy, La Petite Academy, and Pathways Learning Academy brands. Each day, LCG schools have the capacity to serve more than 9,300 children and employ more than 1,110 educators and staff. Approximately 32 percent of the children we serve in Virginia are supported through the Child Care Subsidy Program, off-base military care, and employer partnerships.  

LCG has strong policies and procedures in place for preventing and responding to severe allergic reactions. Ensuring the safety of the children in our care is of utmost importance. While we support the state’s goal to enhance emergency response in the event of a child experiencing anaphylaxis, we are concerned the regulations as drafted will impose substantial liability, operational, and financial burdens on child care providers for the following reasons:

First, these regulations could result in increased liability exposure for child care providers. Specifically, these regulations would impose risks for early care and education professionals in determining whether a child is experiencing their first allergic reaction and determining the correct dosage of medication for a child who has never had an allergic reaction. Additionally, if an individual at a child care center is found to have experienced anaphylactic shock and was not administered stock or available epinephrine, this inaction could further increase providers’ liability exposure.

Over the last several years, liability insurance costs have increased dramatically, especially as fewer carriers are willing to provide coverage to child care providers. Such increased liability exposure could further drive-up insurance costs for providers and result in carriers dropping providers. As providers are operating on razor thin margins, increased costs could be passed on to families, negatively impacting child care affordability.

Second, these regulations could result in operational challenges to providers. As drafted, the regulations require trainings for those employees eligible to administer epinephrine and proper disposal protocols. While VDOE shared in its regulatory memo that they are “working with a partner agency to offer training…”[1], such trainings will need to be offered on a periodic basis to ensure providers always have staff who are properly trained. With turnover in the child care workforce, providers will need to ensure they always have an employee on site who is properly trained to administer epinephrine. Other considerations for providers include sharps disposal and the long-term stocking of medication, leading to other operational challenges with implementing these regulations as drafted.

Finally, implementing these regulations will result in increased costs to providers, particularly as “there is no available federal or state funding to support implementation at this time.”[2] The costs of stocking the medication, along with increased liability insurance costs and other operational costs, will further drive up child care costs for families in Virginia.

Given these concerns, we respectfully request VDOE withdraw these proposals from fast-track consideration and pursue a standard rulemaking. Such standard rulemaking will ensure that all stakeholders are properly consulted and be given the opportunity to propose changes that enhance the safety of all children in our care, especially those with known and undiagnosed allergies, without the associated liability, operational, and financial burdens.

Thank you for your consideration.  

Respectfully submitted,

Jenna Borkoski

Government Relations Manager

Learning Care Group (LCG)