Dear Commissioners,

Thank you to the Virginia Department of Education for supporting safe and accessible childcare for children across the state of Virginia. I am writing to provide a public comment on the upcoming legislation 8 VAC 20 ? 771: Repeal of Standards for the Background Checks for Child Day Programs and Family Day Systems[1], with some concerns that should be considered before finalizing legislation. 

Introduction

In 2014, former Governor Terry McAuliffe signed HB 412, a bill which required fingerprint background checks on all childcare providers in Virginia.[2] Prior to the bill, fingerprints were not a requirement in background checks for childcare providers. However, after a national and regional shift to require fingerprint-based background checks, legislators urged the governor to pass legislation to comply with this change.[3] The law applied to all childcare workers in religious-exempt institutions and volunteers in licensed programs. It required that no one with a history of violent criminal offenses be in the childcare business.[4]

Shortage of Childcare Providers

Although the law strives for safe and secure childcare, there are roadblocks that make childcare less accessible for parents across Virginia. Several Virginia childcare directors and owners have stated that the fingerprint requirement has delayed hiring additional childcare workers in an industry that is already in dire need of more providers.[5] Although the fingerprint requirements were said to have a quick return response by proposers of the bill, the owners of daycares and schools have reported that the results are often delayed and take long periods of time to be returned to the schools. This delays the process of hiring and appointing childcare workers, which adversely affects children, parents, and the service providers. The results have reportedly taken “weeks or months” to come back to childcare providers, who have struggled to run their business and accommodate the children in the absence of these results.[6] This is a state-wide problem, but particularly affects southern and central Virginia, with a surplus of working parents who require childcare for their children are unable to have accessibility to such services.

During and after the pandemic, the desperate need for childcare among low-income families became apparent. A report by the Joint Legislative Audit and Review Commission (JLARC) in 2023 childcare is unaffordable for 85% of families with infants, 82% of families with toddlers, and 74% of families with preschoolers in Virginia.[7] These numbers increase among low-income families, with childcare being unaffordable for 98% of families with infants, 98% of families with toddlers and 97% of families with preschoolers.[8] Although extensive background checks and evaluations are beneficial to ensure the safety of children in Virginia, the government proposal to require fingerprint evaluations to be paid by the childcare providers rather than be funded by the government will negatively impact families across the state. 

Funding Issues

To combat the shortage of childcare providers, the Virginia Department of Education announced in 2022 that the government would cover the costs of fingerprint-based background checks for service providers. [9] However, in 2025, pursuant to this action, the Department repealed this provision and announced a plan that would only worsen the already adverse problems within the childcare service industry. Effective January 1, 2026, the Department will no longer cover the costs of background checks due to limitations in the budget.[10] This will affect the tens of thousands of children who are in need of childcare services. The new proposal identifies the cost of background checks for employees, agents, and providers to be $59.00 and $39.00 for volunteers. Now, daycares, individuals, and childcare services will have to take on this fee on their own and may not employ service providers until they receive the background check results. 

The Future of Childcare

Education and childcare service were hot button issues in the Virginia elections in November. After a landslide win by democrats across the state, families are expecting changes to the childcare service system. Among the winners is Governor-elect Abigail Spanberger, who champions her education plan to expand childcare services and continue investing in Virginia public schools. She has promised to uphold the robust background checks for childcare providers in her “Strengthening Virginia Schools Plan,” but has yet to say who should be paying for these evaluations.[11]

Conclusion/Solution

The astonishing data proves that Virginian parents are in dire need of childcare providers, especially low-income families in rural communities with young children. Providing safe and secure providers is a necessity, and fingerprint-based background checks are an avid solution to finding reliable providers. However, the legislation requiring this process to be executed and funded by childcare providers would adversely affect the already struggling childcare service providers, such as daycares, preschools, and babysitting businesses. These stringent requirements result in hiring delays, lack of service providers, and struggling parents and children state-wide. The most beneficial and efficient solution is to shift the cost on the government and continue state-wide funding and an expedition of background checks [JS4] to ensure the safety of children is not compromised but childcare providers are able to continue supporting their businesses and families. 

The new Governor-elect and Virginia legislature must balance both of these issues and compose a new proposal that would help the low-income families with their childcare problems while keeping the service providers in business. 

Sincerely,

Anoosha Murtaza