Child Care Issues
Religiously Exempt Centers Are Safe
VDOE Notices and Forms for Religiously Exempt Childcare Providers
ODACS frequenlty publishes memoranda with information about current legal and regulatory topics related to Religiously Exempt Childcare Centers. Visit this page from time to time to view the most up-to-date information.
2024
September 26, 2024 - Early Childhood Education Policy: ODACS Comments to the Virginia Board of Education
September 3, 2024 - Church-run Preschools and Daycares: Potable Water Testing Memo
June 21, 2024 - Rationale for ODACS Support of HB 222 and SB 76
April 27, 2024 - ODACS Update about VDOE Potable Water Testing Memo
April 5, 2024 - VDOE Memo to Religiously Exempt Child Day Centers; Potable Water Testing
2023
July 22, 2023 - ODACS Update about June 20 VDOE Memo
June 26, 2023 - ODACS Update on Serious Physical Injury Reporting for Religiously Exempt Child Care Centers
June 20, 2023 - VDOE Memo to Religiously Exempt Child Day Centers; 2023 Legislation
2022
July 15, 2022 - An Open Letter to Governor Youngkin; ODACS Concerns about Virginia Childcare Policy
July 6, 2022 - ODACS Update about New Law Regarding the Administration of Ephinephrine
June 17, 2022 - ODACS Update on Serious Physical Injury Reporting for Religiously Exempt Child Care Centers
2021
November 15, 2021 - ODACS Update on ARPA Child Care Stabilization Grant
May 20, 2021 - ODACS Update on Major Child Care Policy Shift Coming to Virginia on July 1
May 7, 2021 - VDSS Memo on Transition of Child Care Programs from VDSS to VDOE
2020
September 24, 2020 - ODACS Summary of VDSS Updated Phase III Childcare Guidance
September 24, 2020 - VDSS Updated Phase III Childcare Guidance, Group Size Limitations Lifted
June 3 - ODACS Update on VDSS Childcare Guidance for Phase II
June 3 - VDSS Childcare Guidance for Phase II of COVID-19 Reopening
May 14 - ODACS Update on VDSS Childcare Guidance for Phase I
May 13 - VDSS Childcare Guidance for Phase I of COVID-19 Reopening
May 13 - CDC Guidance for Childcare Programs That Remain Open
April 9 - Updated VDSS COVID-19 FAQ About Child Care
April 9 - Child Care Centers, Status as Essential Business
April 7 - Temporary Procedures for VDSS Licensing Inspections
March 31 - ODACS Update on Recent Government COVID-19 Actions
March 31 - Updated VDSS and VDOE Joint Guidance on School Closure
March 30 - VDSS FAQ about Childcare Safety During COVID-19
March 27 - How to Get Fingerprint Background Checks if Fieldprint Office Is Closed
March 24 - ODACS Update on VDSS and VDOE COVID-19 School Closure Guidance
March 24 - VDSS and VDOE Joint Guidance on School Closure
March 24 - VDOE School Closure FAQ
March 24 - Virginia Child Care Provider Status Survey
March 19 - ODACS Q&A Regarding VDSS COVID-19 Guidance
March 19 - VDSS Guidance for Childcare During COVID-19 Emergency
2019
September 18 - VDSS Changes Ratio Policy!
August 2 - Reporting of Deaths and Serious Physical Injuries
July 12 - New Staff-Child Ratios for RECDC's; Interpreting the Ratio Law
July 5 - Sample "Under the Auspices" Language for Church-run Preschools and Daycares
June 22 - Update on Several VDSS June Memos
June 21 - Questions Submitted to VDSS Regarding the Disposition of Some Fingerprint Background Checks
May 31 - New Requirements for RECDC's Effective July 1
April 10 - Questions Submitted to VDSS Regarding Certain New Requirements for RECDC's
January 21 - General Assembly Report
January 9 - General Assembly Report
2018
April 24 - How SB 539 Will Affect ODACS Ministries
March 28 - Fingerprint Background Check Implementation, Answer Received from Attorney General's Office
March 11 - Fingerprint Background Check Implementation, Awaiting Answer from Attorney General's Office
February 27 - Fingerprint Background Check Implementation, Self-Pay Memo
February 9 - General Assembly Report
February 5 - General Assembly Report
January 25 - Fingerprint Background Check Implementation, Awaiting Answer from Attorney General's Office
January 19 - General Assembly Report
2017
December 26 - Serious Injury Reporting Request from VDSS
December 11 - Advising Churches to Decline Government Subsidy of Background Checks
December 5 - Inappropriate VDSS Requests for Church Ministry Information
November 22 - Does Kindergarten Fall Under Childcare Licensure Law?
November 20 - Background Check and Serious Physical Injury Reporting Memo
2016 Daycare Issues
During the 2016 legislative session, the Senate responded to increased calls for repeal or further regulation of Virginia's licensure exemptions by passing a bill calling for a study of all exemptions from child care licensure. ODACS was named in the bill as a stakeholder that must be consulted.
SJ 63; Commissioning a Study by DSS of All Child Care Licensure Exemptions
One of the arguments central to ODACS's defense of the Religious Exemption is that a child in a Religious Exempt Child Day Center is statistically much safer than a child in a licensed center.
Virginia Daycare Child Abuse Data, 2009-2014
The licensure exemption portion of Virginia's Code includes three important sections.
63.2-1715 - All Exemptions from Child Care Licensure
63.2-1716 - The Religious Exemption from Licensure for Church-run Ministries
63.2-1717 - Licensure Exemption for Private Accredited Preschools
2015 Daycare Issues
HB 1570 - Increased State and Federal Regulation of Virginia Daycares
Among the many provisions of HB 1570 were those ostensibly to improve child safety in religious exempt (church-operated) daycares. ODACS opposed these provisions successfully; the General Assembly removed them from the bill, and it then passed. The governor has amended the bill to include provisions that essentially replace and expand the provisions with which ODACS was originally concerned. ODACS OPPOSES THE GOVERNOR'S AMENDMENTS
Virginia DSS Child Abuse Report, July 2013 to June 2014
Washington Post Article, Advocating Stronger Standards in Child Day Homes
Blog Post, Addressing Incorrect Claims in the WP Article
Washington Post Article, Documenting Tragic Deaths in Licensed and Unlicensed Virginia Daycares
Other Helpful Links
Information for Religiously Exempt Child Day Centers
AACS Washington Flyer Special Edition - Preschool Alert
Department of Education Another "Race to the Top - Early Learning Challenge"
Proposed Regulations ODACS Public Comment, June, 2013
White House Issues "Plan for Early Education for All Americans"
In an effort to expand federal influence and power over America's preschools, the White House has issued its Plan for Early Education for All Americans. Initial funding for the plan would involve a federal-state partnership, but the plan would eventually become an unfunded mandate on states. The Administration seeks to dramatically increase the number of children in government funded preschool programs. Elements of the plan include preschool standards of learning, government data collection on each child, a "rigorous curriculum," and federally-funded home visits. ODACS OPPOSES FEDERAL INTERVENTION IN AMERICA'S PRESCHOOLS.
Sample Preschool Letter, House, 2013
Sample Preschool Letter, Senate, 2013
AACS Issue Brief, Increased Federal Role in Preschool
Heritage Foundation - Articles about the Universal Preschool Agenda
DOE Announces Second Round of Race to the Top - Early Learning Challenge!
Issues from Previous Years
Should Religiously Exempt Day Care Centers Be Represented on the Board of Social Services?
In 2010 Governor Bob McDonnell formed a Commission on Government Reform and Restructuring. The purpose of the Commission was to find ways to streamline state government in the face of current budgetary challenges. The Commission advised the governor regarding government functions that could be consolidated or eliminated altogether in order to make government more efficient.
ODACS supported the work that Governor McDonnell and the Commission did and agreed that government must be made smaller and more efficient. One particular recommendation of the Commission, however, was of important concern to ODACS - the elimination of the Virginia Child Day Care Council. For a number of years, this Council had written regulations to which Virginia's day care centers, both those licensed and those operating under a religious exemption from licensure, must adhere. The Commission recommended that the function of the Child Day Care Council be transferred to the Board of Social Services.
ODACS asked the Governor and the General Assembly to create two new seats on the Board of Social Services, one representing licensed day care centers and one representing religiously exempt day care centers. Creating a new seat for religiously exempt centers was critical to our efforts to preserve our religious liberty through the religious exemption from licensure.
Both the Senate and the House of Delegates passed amendments to the administrations bills creating the two new seats.
ODACS Request for Specific Language in HB 1291 and SB 678
Virginia Government Reform Web Site
Government Reform Commission - Report to the Governor
Virginia Declines Federal Pre-K Funding
October 29, 2011
Governor Bob McDonnell announced recently that Virginia will not apply for $60 million in federal Pre-K funding under the latest round of Race to the Top competitive grants. This third round of competitive grants offered by the U. S. Department of Education to the states represents an attempt by the federal government to gain a large measure of control over all preschool programs in the country, including church day cares. Please thank Governor McDonnell for his decision, and express to members of the Virgnia State Board of Education your support of the decision! Use these helpful links to learn more.
News Article about Governor McDonnell's Decision
Executive Summary of Race to the Top
Virginia State Board of Education, Home Page
The following link is to the 1988 decision of the Fourth Circuit United States Court of Appeals regarding the consitutionality of a Virginia law allowing church day cares to operate without a license from the state. ODACS was very much involved in the case, since several ODACS ministries were listed as defendants.