Child care providers; background checks, portability. (SB1316)

Introduced By

Sen. Jennifer McClellan (D-Richmond) with support from co-patrons Sen. Jennifer Boysko (D-Herndon), Sen. Ghazala Hashmi (D-Midlothian), Sen. Mamie Locke (D-Hampton), and Sen. Monty Mason (D-Williamsburg)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Child care providers; background check portability; subsidy pilot program; report. Exempts prospective employees and volunteers of certain child care providers from statutory background check requirements where the individual completed a background check within the previous five years, provided that (i) such background check was conducted after July 1, 2017; (ii) the results of such background check indicated that the individual had not been convicted of any barrier crime and was not the subject of a founded complaint of child abuse or neglect; and (iii) the individual is an employee or volunteer of a child care provider that is subject to background check requirements or has been separated from such employment or volunteer position for not more than 180 days. The bill requires such child care providers, prior to hiring or allowing to volunteer any individual without the completion of a background check, to obtain written certification that such individual satisfies all such requirements and is eligible to serve as an employee or volunteer. The bill also directs the Department of Education (the Department) to establish a two-year pilot program for the purpose of stabilizing and improving the quality of services provided in the Commonwealth's child care industry. The bill provides that under the pilot program a fixed sum of funds, based on the number of children served and certain other factors, will be disbursed to participating child care providers who agree to meet higher standards of quality and care, as determined by the Department. The bill requires the Department to report to the Governor and the General Assembly no later than December 1 of each year of the pilot program certain information set forth in the bill. The bill also requires the Department, in collaboration with the School Readiness Committee, to (a) identify and analyze financing strategies that can be used to support the systemic costs of high-quality child care services, ensure equitable compensation for child care staff, and better prepare children for kindergarten and (b) analyze the effectiveness of using a cost-of-quality modeling system for the child care subsidy program. The bill requires the Department to report its findings to the Governor and the General Assembly no later than December 1, 2021. Read the Bill »


03/18/2021: signed by governor


01/12/2021Prefiled and ordered printed; offered 01/13/21 21102634D
01/12/2021Referred to Committee on the Judiciary
01/18/2021Rereferred from Judiciary (14-Y 0-N) (see vote tally)
01/18/2021Rereferred to Education and Health
01/20/2021Assigned Education sub: Public Education
01/21/2021Senate subcommittee amendments and substitutes offered
01/28/2021Reported from Education and Health with amendments (12-Y 1-N 1-A) (see vote tally)
01/28/2021Rereferred to Finance and Appropriations
01/29/2021Impact statement from DPB (SB1316)
02/03/2021Senate committee, floor amendments and substitutes offered
02/03/2021Reported from Finance and Appropriations with amendments (14-Y 2-N) (see vote tally)
02/03/2021Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/04/2021Read second time
02/04/2021Reading of amendments waived
02/04/2021Committee amendments agreed to
02/04/2021Engrossed by Senate as amended SB1316E
02/04/2021Printed as engrossed 21102634D-E
02/05/2021Read third time and passed Senate (38-Y 0-N) (see vote tally)
02/07/2021Placed on Calendar
02/07/2021Read first time
02/07/2021Referred to Committee on Health, Welfare and Institutions
02/08/2021Continued to Special Session 1 in Health, Welfare and Institutions
02/11/2021Reported from Health, Welfare and Institutions (22-Y 0-N) (see vote tally)
02/11/2021Referred to Committee on Appropriations
02/13/2021Assigned App. sub: Elementary & Secondary Education
02/15/2021Impact statement from DPB (SB1316E)
02/17/2021Subcommittee recommends reporting (7-Y 0-N)
02/17/2021Reported from Appropriations (19-Y 0-N) (see vote tally)
02/19/2021Read second time
02/22/2021Read third time
02/22/2021Passed House BLOCK VOTE (98-Y 0-N)
02/22/2021VOTE: Block Vote Passage (98-Y 0-N)
02/24/2021Bill text as passed Senate and House (SB1316ER)
02/24/2021Impact statement from DPB (SB1316ER)
02/24/2021Signed by President
02/25/2021Signed by Speaker
03/01/2021Enrolled Bill Communicated to Governor on March 1, 2021
03/01/2021G Governor's Action Deadline 11:59 p.m., March 31, 2021
03/18/2021G Approved by Governor-Chapter 251 (effective 7/1/21)
03/18/2021G Acts of Assembly Chapter text (CHAP0251)