DATE: June 17, 2024
TO: Licensed Child Day Centers and Child Day Centers Participating in the
Child Care Subsidy Program
FROM: Jeffrey S. Williams, Assistant Superintendent - Department of Child Care Health and Safety, Virginia Department of Education
SUBJECT: Temporary Staff-to-Child Ratio Waiver Expiration, Authorization, and Requests
This memo provides information about (i) the expiration of currently-approved staff-to-child ratio and group size waivers; and (ii) the process for requesting a new temporary waiver.
Waiver Expiration
The current ratio and group size waivers expire on June 30, 2024. Programs that have a current ratio waiver in place and would like to continue operating with a ratio waiver must reapply to request a new waiver. Instructions for application are below.
Staff-to-Child Ratio Waiver Authorization: The Appropriations Act
Summary: The Appropriations Act, recently enacted, authorizes the Superintendent of Public Instruction to alter staff-to-child ratios and group sizes for licensed child day centers and child day centers that participate in the Child Care Subsidy Program or Mixed Delivery Grant Program by increasing the number of children per staff by (1) one child for groups of children from birth to the age of eligibility to attend public school, and (2) two children for groups of children from the age of eligibility to attend public school through 12 years. Child day centers that take advantage of this flexibility must notify families in writing of the temporary increase in ratios and group size. This authority and any resultant waiver of state law or regulation shall expire June 30, 2026.
Requests for Temporary Ratio Waiver
Eligibility Requirements
To be eligible for approval of the temporary waiver, the child day center:
- Must be licensed or participate in the Child Care Subsidy Program or the Mixed Delivery Grant Program;
- Must not have received a Notice of Intent or Special Order within the last 12 months;
- Must not have received violations specifically related to staff-to-child ratios or supervision during the past 12 months; and
- Must submit a request for the waiver using the Department provided request form.
Important Considerations
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All eligible programs must request and be approved for a waiver before implementing any ratio or group size changes.
- Providers are encouraged to consider multiple factors before submitting a waiver request including: the terms of the license/exemption; physical plant and space limitations; the impact on staff; children’s developmental and behavioral needs; increased need for supervision; and provisions for emergencies and evacuation specifically for non-ambulatory children in the groups.
- If granted, the number of children per staff may be increased by (1) one child for groups of children from birth to the age of eligibility to attend public school, and (2) two children for groups of children from the age of eligibility to attend public school through 12 years of age. The maximum group size will reflect the temporary ratio increase and will allow each applicable group size to be expanded by three children.
- The temporary increase in the staff-to-child ratio and group size requirements does not change any regulation or Code requirements, and instead only grants a temporary waiver to these requirements as described in this memo.
- The waiver does not change the Certificate of Occupancy, any space requirements, or any stipulations on the license/exemption regarding occupancy.
- If granted, the waiver is not transferrable if there is a change in location or licensee/sponsor.
- Child day centers that are approved for the temporary waiver must notify families in writing of the temporary increase in ratios and group size by providing a copy of the waiver approval letter from VDOE prior to implementing the change.
- The temporary increase will supersede any requirement related to ratios and group size in the Code of Virginia or regulations established by the VDOE and will only be in effect until June 30, 2026, if there are no changes at the facility that impact the assessment of the Office of Child Care Health and Safety (OCCHS) at the time of approval.
- The OCCHS may rescind the temporary waiver at its discretion if it is determined that the increase in ratios results in or creates significant risk of harm to children or there are other serious supervision risks in the program.
- Child day centers that take advantage of this flexibility are expected to comply with all regulatory and Code requirements once the temporary increase has ended or an approved waiver has been rescinded.
Waiver Request Process
- Complete the attached Staff-to-Child Ratio and Group Size Waiver Request form in its The request form is a fillable PDF, and it is recommended that applicants type and electronically sign the form.
- Send the completed form to your assigned licensing inspector via email or to childcarelicensing@doe.virginia.gov if you do not have an assigned inspector.
- Do not increase the staff-to-child ratios or group sizes until you receive written approval from the OCCHS.
Child day centers will be notified by email when the waiver request form has been received and is under review, and once a final decision is made related to your request. All correspondence will be sent to the email provided in the waiver request form. Child day centers that currently have an approved waiver in place related to ratios and group size that expires June 30, 2024, are required to submit a new ratio waiver request to replace the expiring waiver if you still wish to operate under the increased ratios and group sizes. Failure to do so will require that you resume compliance with the required staff-to-child ratios and group size in 8VAC20-780-350 and 8VAC20-790-670 upon expiration of the previous waiver.
Thank you for your commitment to children and families in the Commonwealth. For questions, please contact your Licensing Inspector or childcarelicensing@doe.virginia.gov.
