{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-289.03.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-289.03.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-289.03.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-289.03.html"}],"law_id":71362,"edition_id":1,"section_id":71362,"structure_id":14148,"section_number":"22.1-289.03","catch_line":"Early childhood care and education system; establishment; need-based and demand-based funding","history":"2020, cc. 860, 861; 2024, cc. 722, 757.","full_text":"A\n\nThe Board shall establish a statewide unified public-private system for early childhood care and education in the Commonwealth to ensure that every child has the opportunity to enter kindergarten healthy and ready to learn. Such system shall be administered by the Board, the Superintendent, and the Department and shall be formed, implemented, and sustained through a structure that engages and leverages both state-level authority and regional-level public-private partnership assets.B\n\nIt is the intent of the General Assembly that the system established pursuant to subsection A shall (i) provide families with coordinated access for referral to early childhood education programs, (ii) provide families with easy-to-understand information about the quality of publicly funded early childhood care and education programs, (iii) establish expectations for the continuous improvement of early childhood care and education programs, and (iv) establish shared expectations for early childhood care and education programs among the Department of Education, the Department of Social Services, local school divisions, and state and regional stakeholders.C\n\nThe system established pursuant to subsection A shall consist of a combination of programs offered through (i) the Virginia Preschool Initiative, pursuant to § 22.1-289.09, or any other school-based early childhood care and education program; (ii) licensed programs, pursuant to Article 3 (§ 22.1-289.010 et seq.); and (iii) unlicensed programs, pursuant to Article 4 (§ 22.1-289.030 et seq.).D\n\nTo address family demand and preferences for affordable, high-quality early childhood care and education services, state general funds that support the provision of services to families for early childhood care and education shall be provided as specified in the general appropriation act. Each year, no later than November 15, the Department shall report to the Governor and the Chairs of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, and the Senate Committee on Finance and Appropriations the projected general funds needed for the upcoming two fiscal years based on cost of quality rate per child in order to (i) maintain the current number of slots, (ii) increase the number of slots using a projected growth rate, and (iii) increase the number of slots to fully accommodate parent demand and eliminate waitlists. Such projected general funds to meet such needs shall be based on:1\n\nAn annual per-child cost determined through re-benchmarking for the Virginia Preschool Initiative;2\n\nAn annual per-child cost based on the Department’s federally approved alternative cost methodology for the Mixed Delivery Program identified in the general appropriation act;3\n\nAn annual per-child cost based on the Department’s federally approved alternative cost methodology for the Child Care Subsidy Program, which program shall be open to each child who is under the age of 13 in each family for as long as:\n\t\t\t\ta. The family’s income does not exceed 85 percent of the state median income;\n\t\t\t\tb. The family includes at least one child who is five years of age or younger and has not started kindergarten; and\n\t\t\t\tc. The family meets all other eligibility requirements;4\n\nCurrent program eligibility criteria; and5\n\nMaximization of regularly recurring federal funding including federal funding provided for the Child Care Subsidy Program, Early Head Start, or Head Start, or pursuant to Part B of the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1411 et seq.\n\t\t\t\tNo later than May 15 before each upcoming year, each regional entity established by the Board pursuant to subsection D of § 22.1-289.05 shall indicate the number of slots needed in the region for the Mixed Delivery Program, each local school division shall indicate the number of slots needed in the local school division for the Virginia Preschool Initiative, and each locality shall indicate the number of slots needed in the locality for the Child Care Subsidy Program. The Department shall reallocate slots with available funding from the Child Care Subsidy Program and Mixed Delivery Program as determined pursuant to this subsection no later than July 1. Following fall enrollment periods, the Department shall make adjustments based on family preferences. In providing funding for slots pursuant to this subsection, all current-year state general funds shall be expended first.","order_by":null,"text":{"0":{"id":257302,"text":"The Board shall establish a statewide unified public-private system for early childhood care and education in the Commonwealth to ensure that every child has the opportunity to enter kindergarten healthy and ready to learn. Such system shall be administered by the Board, the Superintendent, and the Department and shall be formed, implemented, and sustained through a structure that engages and leverages both state-level authority and regional-level public-private partnership assets.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":257303,"text":"It is the intent of the General Assembly that the system established pursuant to subsection A shall (i) provide families with coordinated access for referral to early childhood education programs, (ii) provide families with easy-to-understand information about the quality of publicly funded early childhood care and education programs, (iii) establish expectations for the continuous improvement of early childhood care and education programs, and (iv) establish shared expectations for early childhood care and education programs among the Department of Education, the Department of Social Services, local school divisions, and state and regional stakeholders.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":257304,"text":"The system established pursuant to subsection A shall consist of a combination of programs offered through (i) the Virginia Preschool Initiative, pursuant to § 22.1-289.09, or any other school-based early childhood care and education program; (ii) licensed programs, pursuant to Article 3 (§ 22.1-289.010 et seq.); and (iii) unlicensed programs, pursuant to Article 4 (§ 22.1-289.030 et seq.).","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":257305,"text":"To address family demand and preferences for affordable, high-quality early childhood care and education services, state general funds that support the provision of services to families for early childhood care and education shall be provided as specified in the general appropriation act. Each year, no later than November 15, the Department shall report to the Governor and the Chairs of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, and the Senate Committee on Finance and Appropriations the projected general funds needed for the upcoming two fiscal years based on cost of quality rate per child in order to (i) maintain the current number of slots, (ii) increase the number of slots using a projected growth rate, and (iii) increase the number of slots to fully accommodate parent demand and eliminate waitlists. Such projected general funds to meet such needs shall be based on:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":257306,"text":"An annual per-child cost determined through re-benchmarking for the Virginia Preschool Initiative;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":257307,"text":"An annual per-child cost based on the Department’s federally approved alternative cost methodology for the Mixed Delivery Program identified in the general appropriation act;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":257308,"text":"An annual per-child cost based on the Department’s federally approved alternative cost methodology for the Child Care Subsidy Program, which program shall be open to each child who is under the age of 13 in each family for as long as:\n\t\t\t\ta. The family’s income does not exceed 85 percent of the state median income;\n\t\t\t\tb. The family includes at least one child who is five years of age or younger and has not started kindergarten; and\n\t\t\t\tc. The family meets all other eligibility requirements;","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"7":{"id":257309,"text":"Current program eligibility criteria; and","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"D5"},"8":{"id":257310,"text":"Maximization of regularly recurring federal funding including federal funding provided for the Child Care Subsidy Program, Early Head Start, or Head Start, or pursuant to Part B of the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1411 et seq.\n\t\t\t\tNo later than May 15 before each upcoming year, each regional entity established by the Board pursuant to subsection D of § 22.1-289.05 shall indicate the number of slots needed in the region for the Mixed Delivery Program, each local school division shall indicate the number of slots needed in the local school division for the Virginia Preschool Initiative, and each locality shall indicate the number of slots needed in the locality for the Child Care Subsidy Program. The Department shall reallocate slots with available funding from the Child Care Subsidy Program and Mixed Delivery Program as determined pursuant to this subsection no later than July 1. Following fall enrollment periods, the Department shall make adjustments based on family preferences. In providing funding for slots pursuant to this subsection, all current-year state general funds shall be expended first.","type":"section","prefixes":["D","5"],"prefix":"5","entire_prefix":"D5","prefix_anchor":"D5","level":2,"prior_prefix":"D4"}},"ancestry":[{"id":14148,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13624,"metadata":{},"date_created":"2026-06-26 03:47:02","date_modified":"2026-06-26 03:47:02","permalink":{"id":182607,"object_type":"structure","relational_id":14148,"identifier":"1","token":"22.1\/14.1\/1","url":"\/22.1\/14.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13624,"edition_id":1,"name":"Early Childhood Care and Education","identifier":"14.1","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:45:24","date_modified":"2026-06-26 03:45:24","permalink":{"id":182605,"object_type":"structure","relational_id":13624,"identifier":"14.1","token":"22.1\/14.1","url":"\/22.1\/14.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83341,"structure_id":14148,"section_number":"22.1-289.02","catch_line":"Definitions","url":"\/22.1-289.02\/","token":"22.1\/14.1\/1\/22.1-289.02","metadata":false},{"id":71362,"structure_id":14148,"section_number":"22.1-289.03","catch_line":"Early childhood care and education system; establishment; need-based and demand-based funding","url":"\/22.1-289.03\/","token":"22.1\/14.1\/1\/22.1-289.03","metadata":false},{"id":63377,"structure_id":14148,"section_number":"22.1-289.04","catch_line":"Early childhood care and education advisory committee","url":"\/22.1-289.04\/","token":"22.1\/14.1\/1\/22.1-289.04","metadata":false},{"id":57066,"structure_id":14148,"section_number":"22.1-289.05","catch_line":"Uniform measurement and improvement system; regional entities; establishment","url":"\/22.1-289.05\/","token":"22.1\/14.1\/1\/22.1-289.05","metadata":false},{"id":76089,"structure_id":14148,"section_number":"22.1-289.05:1","catch_line":"(Expires July 1, 2029) Small Family Day Home Provider Incentive Pilot Program","url":"\/22.1-289.05_1\/","token":"22.1\/14.1\/1\/22.1-289.05_1","metadata":false},{"id":55304,"structure_id":14148,"section_number":"22.1-289.06","catch_line":"Confidential records and information; penalty","url":"\/22.1-289.06\/","token":"22.1\/14.1\/1\/22.1-289.06","metadata":false},{"id":60494,"structure_id":14148,"section_number":"22.1-289.07","catch_line":"Information related to shaken baby syndrome","url":"\/22.1-289.07\/","token":"22.1\/14.1\/1\/22.1-289.07","metadata":false},{"id":87422,"structure_id":14148,"section_number":"22.1-289.08","catch_line":"Board to investigate child day programs at direction of Governor","url":"\/22.1-289.08\/","token":"22.1\/14.1\/1\/22.1-289.08","metadata":false},{"id":72402,"structure_id":14148,"section_number":"22.1-289.08:1","catch_line":"Child Care Subsidy Program Overpayment Fund","url":"\/22.1-289.08_1\/","token":"22.1\/14.1\/1\/22.1-289.08_1","metadata":false},{"id":81174,"structure_id":14148,"section_number":"22.1-289.08:2","catch_line":"Child Care Subsidy Program; categorical eligibility for certain families","url":"\/22.1-289.08_2\/","token":"22.1\/14.1\/1\/22.1-289.08_2","metadata":false}],"previous_section":{"id":83341,"structure_id":14148,"section_number":"22.1-289.02","catch_line":"Definitions","url":"\/22.1-289.02\/","token":"22.1\/14.1\/1\/22.1-289.02","metadata":false},"next_section":{"id":63377,"structure_id":14148,"section_number":"22.1-289.04","catch_line":"Early childhood care and education advisory committee","url":"\/22.1-289.04\/","token":"22.1\/14.1\/1\/22.1-289.04","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-289.03\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 860<\/a> and 861<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2024, chapters 722<\/a> and 757<\/a>.<\/p>","references":[{"id":55580,"section_number":"2.2-208.1","catch_line":"Commission on Early Childhood Care and Education","order_by":null,"url":"\/2.2-208.1\/"}],"refers_to":[{"id":84872,"section_number":"22.1-289.010","catch_line":"Application fees; regulations and schedules; use of fees; certain facilities, centers and agencies exempt","order_by":null,"url":"\/22.1-289.010\/"},{"id":54607,"section_number":"22.1-289.030","catch_line":"Exemptions from licensure","order_by":null,"url":"\/22.1-289.030\/"},{"id":57066,"section_number":"22.1-289.05","catch_line":"Uniform measurement and improvement system; regional entities; establishment","order_by":null,"url":"\/22.1-289.05\/"},{"id":62685,"section_number":"22.1-289.09","catch_line":"Programs designed to promote educational opportunities","order_by":null,"url":"\/22.1-289.09\/"}],"permalink":{"id":182613,"object_type":"law","relational_id":71362,"identifier":"22.1-289.03","token":"22.1\/14.1\/1\/22.1-289.03","url":"\/22.1-289.03\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-289.03\/","token":"22.1\/14.1\/1\/22.1-289.03","dublin_core":{"Title":"Early childhood care and education system; establishment; need-based and demand-based funding","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-289.03","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> shall establish a statewide unified public-private system for early childhood care and education in the Commonwealth to ensure that every child has the opportunity to enter kindergarten healthy and ready to learn. Such system shall be administered by the Board<\/span>, the Superintendent<\/span>, and the Department<\/span> and shall be formed, implemented, and sustained through a structure that engages and leverages both state-level authority and regional-level public-private partnership assets<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> It is the intent<\/span> of the General Assembly that the system established pursuant to subsection A shall (i) provide families with coordinated access for referral to early childhood education programs, (ii) provide families with easy-to-understand information about the quality of publicly funded early childhood care and education programs, (iii) establish expectations for the continuous improvement of early childhood care and education programs, and (iv) establish shared expectations for early childhood care and education programs among the Department<\/span> of Education, the Department<\/span> of Social Services, local school divisions, and state and regional stakeholders. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The system established pursuant to subsection A shall consist of a combination of programs offered through (i) the Virginia Preschool Initiative, pursuant to § 22.1-289.09<\/a>, or any other school-based early childhood care and education program; (ii) licensed programs, pursuant to Article 3 (§ 22.1-289.010<\/a> et seq.); and (iii) unlicensed programs, pursuant to Article 4 (§ 22.1-289.030<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> To address family demand and preferences for affordable, high-quality early childhood care and education services, state general funds that support the provision of services to families for early childhood care and education shall be provided as specified in the general appropriation act. Each year, no later than November 15, the Department<\/span> shall report to the Governor and the Chairs of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, and the Senate Committee on Finance and Appropriations the projected general funds needed for the upcoming two fiscal years based on cost of quality rate per child in order<\/span> to (i) maintain the current number of slots, (ii) increase the number of slots using a projected growth rate, and (iii) increase the number of slots to fully accommodate parent<\/span> demand and eliminate waitlists. Such projected general funds to meet such needs shall be based on: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An annual per-child cost determined through re-benchmarking for the Virginia Preschool Initiative; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An annual per-child cost based on the Department<\/span>’s federally approved alternative cost methodology for the Mixed Delivery Program identified in the general appropriation act; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> An annual per-child cost based on the Department<\/span>’s federally approved alternative cost methodology for the Child Care Subsidy Program, which program shall be open to each child who is under the age of 13 in each family for as long as:\n\t\t\t\ta. The family’s income does not exceed 85 percent of the state median income;\n\t\t\t\tb. The family includes at least one child who is five years of age or younger and has not started kindergarten; and\n\t\t\t\tc. The family meets all other eligibility requirements; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Current program eligibility criteria; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Maximization of regularly recurring federal funding including federal funding provided for the Child Care Subsidy Program, Early Head Start, or Head Start, or pursuant to Part B of the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1411 et seq.\n\t\t\t\tNo later than May 15 before each upcoming year, each regional entity established by the Board<\/span> pursuant to subsection D of § 22.1-289.05<\/a> shall indicate the number of slots needed in the region for the Mixed Delivery Program, each local school division shall indicate the number of slots needed in the local school division for the Virginia Preschool Initiative, and each locality shall indicate the number of slots needed in the locality for the Child Care Subsidy Program. The Department<\/span> shall reallocate slots with available funding from the Child Care Subsidy Program and Mixed Delivery Program as determined pursuant to this subsection no later than July 1. Following fall enrollment periods, the Department<\/span> shall make adjustments based on family preferences. In providing funding for slots pursuant to this subsection, all current-year state general funds shall be expended first. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEARLY CHILDHOOD CARE AND EDUCATION SYSTEM; ESTABLISHMENT; NEED-BASED AND\nDEMAND-BASED FUNDING (\u00a7 22.1-289.03)\n\nA. The Board shall establish a statewide unified public-private system for early\nchildhood care and education in the Commonwealth to ensure that every child has\nthe opportunity to enter kindergarten healthy and ready to learn. Such system\nshall be administered by the Board, the Superintendent, and the Department and\nshall be formed, implemented, and sustained through a structure that engages and\nleverages both state-level authority and regional-level public-private\npartnership assets.\n\nB. It is the intent of the General Assembly that the system established pursuant\nto subsection A shall (i) provide families with coordinated access for referral\nto early childhood education programs, (ii) provide families with\neasy-to-understand information about the quality of publicly funded early\nchildhood care and education programs, (iii) establish expectations for the\ncontinuous improvement of early childhood care and education programs, and (iv)\nestablish shared expectations for early childhood care and education programs\namong the Department of Education, the Department of Social Services, local\nschool divisions, and state and regional stakeholders.\n\nC. The system established pursuant to subsection A shall consist of a\ncombination of programs offered through (i) the Virginia Preschool Initiative,\npursuant to § 22.1-289.09, or any other school-based early childhood care\nand education program; (ii) licensed programs, pursuant to Article 3 (§\n22.1-289.010 et seq.); and (iii) unlicensed programs, pursuant to Article 4\n(§ 22.1-289.030 et seq.).\n\nD. To address family demand and preferences for affordable, high-quality early\nchildhood care and education services, state general funds that support the\nprovision of services to families for early childhood care and education shall\nbe provided as specified in the general appropriation act. Each year, no later\nthan November 15, the Department shall report to the Governor and the Chairs of\nthe House Committee on Appropriations, the House Committee on Education, the\nSenate Committee on Education and Health, and the Senate Committee on Finance\nand Appropriations the projected general funds needed for the upcoming two\nfiscal years based on cost of quality rate per child in order to (i) maintain\nthe current number of slots, (ii) increase the number of slots using a projected\ngrowth rate, and (iii) increase the number of slots to fully accommodate parent\ndemand and eliminate waitlists. Such projected general funds to meet such needs\nshall be based on:\n\n 1. An annual per-child cost determined through re-benchmarking for the\n Virginia Preschool Initiative;\n\n 2. An annual per-child cost based on the Department’s federally approved\n alternative cost methodology for the Mixed Delivery Program identified in the\n general appropriation act;\n\n 3. An annual per-child cost based on the Department’s federally approved\n alternative cost methodology for the Child Care Subsidy Program, which program\n shall be open to each child who is under the age of 13 in each family for as\n long as:\n \t\t\t\ta. The family’s income does not exceed 85 percent of the state\n median income;\n \t\t\t\tb. The family includes at least one child who is five years of age or\n younger and has not started kindergarten; and\n \t\t\t\tc. The family meets all other eligibility requirements;\n\n 4. Current program eligibility criteria; and\n\n 5. Maximization of regularly recurring federal funding including federal\n funding provided for the Child Care Subsidy Program, Early Head Start, or Head\n Start, or pursuant to Part B of the federal Individuals with Disabilities\n Education Act, 20 U.S.C. § 1411 et seq.\n \t\t\t\tNo later than May 15 before each upcoming year, each regional entity\n established by the Board pursuant to subsection D of § 22.1-289.05 shall\n indicate the number of slots needed in the region for the Mixed Delivery\n Program, each local school division shall indicate the number of slots needed\n in the local school division for the Virginia Preschool Initiative, and each\n locality shall indicate the number of slots needed in the locality for the\n Child Care Subsidy Program. The Department shall reallocate slots with\n available funding from the Child Care Subsidy Program and Mixed Delivery\n Program as determined pursuant to this subsection no later than July 1.\n Following fall enrollment periods, the Department shall make adjustments based\n on family preferences. In providing funding for slots pursuant to this\n subsection, all current-year state general funds shall be expended first.\n\nHISTORY: 2020, cc. 860, 861; 2024, cc. 722, 757.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}