Current through February, 2024
(a) A preschool
that accepts enrollment of an eligible child approved to receive a subsidy
under this chapter shall be accredited, or shall obtain accreditation within
seven years of first accepting enrollment of an eligible child approved to
receive child care payments under this chapter; provided that a preschool that
existed prior to July 1, 2022, and is unaccredited as of July 1, 2022, shall
commence the accreditation process no later than July 1, 2029, and shall obtain
accreditation by July 1, 2034;
(b)
Accreditation shall be obtained from one of the following national early
learning accrediting organizations:
(1)
National Association for the Education of Young Children;
(2) National Early Childhood Program
Accreditation;
(3) National
Association for Family Child Care; or
(4) An accrediting organization approved by
the director of the department; provided that the accrediting organization has
standards comparable to the organizations specified in paragraphs (1) through
(3).
(c) An accrediting
organization seeking approval for accreditation under paragraph (b)(4) shall:
(1) Submit a request for approval to the
department on a form prescribed by the department, along with documentation
that shows the accrediting organization has standards that are comparable to
the accrediting organizations listed in paragraphs (b) (1) through
(3);
(2) The department shall
review the request, utilizing standards established by accrediting
organizations in paragraphs (b) (1) through (3) for comparison and provide a
written determination granting or denying the request; and
(3) A decision denying a request for approval
of an accrediting organization may be appealed by the accrediting organization
requesting a review by the director. The review shall consider only the
documentation provided with the request for approval and the department's
written determination; provided that the director may request further
information from the accrediting organization and the department at the
director's sole discretion. A decision by the director under this subsection is
final.
(d) The director
may grant to any preschool one or more extensions to obtain accreditation on a
case-by-case basis; provided that the preschool has applied for accreditation
and made good faith efforts to become accredited before the applicable
deadline.
(1) A preschool requesting an
extension shall submit to the department a request for an extension on a form
prescribed by the department along with documentation that shows that the
preschool has applied for accreditation and made good faith efforts to become
accredited before the applicable deadline. If the request is received after the
applicable deadline for the preschool to obtain accreditation specified in
subsection (a), child care payments to the family shall not be authorized for
that preschool;
(2) The department
shall review the request and provide a written determination granting or
denying the request; and
(3) A
determination denying a request for extension under this subsection may be
appealed by the preschool requesting a review by the director. The review shall
consider only the documentation provided with the request for extension and the
department's written determination; provided that the director may request
further information from the preschool and the department at the director's
sole discretion. A decision by the director under this subsection is
final.
(e)
Notwithstanding subsections (a) and (b), child care payments may continue to be
paid to a family utilizing an unaccredited preschool after the applicable
deadline if the preschool maintains a satisfactory performance rating under the
Classroom Assessment Scoring System (CLASS) developed by the University of
Virginia and the rating was evaluated in conformance with the U.S. Department
of Health and Human Services guidelines; provided that:
(1) A preschool shall provide to the
department written verification of the satisfactory performance rating;
and
(2) Failure by the preschool to
provide the written verification of the satisfactory performance rating shall
result in a suspension of the child care payments to eligible families for
services provided by the unaccredited preschool pursuant to sections
17-799-18 and
17-799-19.
