Comments attached as pdf.

I urge you to oppose SB 1084 a proposed bill to officially exempt certain Before and After School/Summer Camp programs from licensure. I understand that the Boys and Girls Clubs support this Bill, but a passion for children doesn't mean pulling the guardrails off of programs simply because they intend to do good. The bill is not limited to B&G clubs and could open the gates to similar programs. Why would Virginia allow a group of providers that cannot successfully work within the bounds of the licensing Standards to become exempt from regulation and self-police themselves? There are two categories of Boys & Clubs now (about 20 licensed and another group that operate rather speciously under the "come and go" or "free to enter and leave" exemption). Many of these providers are not following the most basic rules of health and safety now. Why would we think they can do it better without enforcement and oversight? Please look at the publicly available violation notices for these providers at https://dss.virginia.gov/facility/search/cc2.cgi. Simply put in the word "boys" and hit search. A quick review shows that several of these providers (certainly not all) are in danger of losing their licenses not because of the incorrect toilet size or not having diapering procedures as Senator Craig seemed to contend at the Senate subcommittee hearing. They are in danger of losing their license for serious or "high risk" (DOE's language) types of violations, including things like repeatedly failing to get background checks or central registry checks (DSS complaints) before employment or at regular intervals as required by the Standards. Attached are just a few examples from a few clubs, including leaving a child on a bus unattended for 45 minutes (they didn't know they were missing), operating out of ratio with 42 children to 2 staff members (ratio is 1:18). Other examples available online include failure to have a qualified director (basically a grown up with some experience) on site; failure to have an individual trained in CPR on site, failure to conduct safety drills (so children know what to do in an emergency), you will also see maintenance and building repair violations and failure to keep things that say "keep away from children" locked away. Please read a few for yourselves before making this decision. I can send you many more or you can find them online. There is also growing pressure from the DOE on the B&G clubs operating under "come and go" to seek licensure because they are not actually operating as "come and go" when you pick up children at their elementary school and drive them to your facility to wait for parent pick up. Our Current Standards apply fairly and consistently. Licensed Child Day Care providers operate within these rules everyday (or risk losing their license), why would we single out a type of program to police itself just because the child has turned 5, they are non-profit or the have good intentions? I contend when you look at the number of background check violations already issued to some of these programs and the risk posed needs to be taken seriously. Elementary school is a time when many children are coming of age for grooming by child predators. In what world does deregulation of these providers make sense? I strongly urge you to oppose SB 1084.

Virginia's Families and Virginia's Children, even those in elementary school, deserve two things in a before and after school program regardless of the location or setting. They deserve 1.) a consistent set of health and safety standards and 2.) enforcement of those standards by DOE oversight. SB 1084 effectively removes them both by creating another exemption to licensing. It leaves before and after school programs so long as affiliated with a state or national organization to create and enforce their own rules and then police themselves. -Any amendment limiting the exemption to non-profit programs does nothing to elevate the issue and likely means fewer resources in the organization to self-police. -This bill would NOT eliminate the “come and go” exemption but create another category of exemption for these before and after school programs and summer camps with even less oversight than “come and go.” We believe that all of Virginia’s children should be protected by appropriate and enforceable health and safety standards. -Keep in mind that the new exemption from licensure would not as currently proposed apply to before and after school programs or summer camps housed within a licensed child care provider putting licensed child day centers at a competitive disadvantage. -Exempting these programs removes critical safeguards for our state’s most precious asset – our children -Although some background checks and staff training is now included in the Substitute Bill. There is no oversight or inspection by DOE, leaving these programs to self-police. -The Substitute Bill does not answer the concerns of Virginia’s Child Care Providers. -Exempting these programs would lead to lower cost, unregulated care which would drive families with children 5 to 12 years old to leave traditional licensed 0 to 12-year-old care. -Infant and toddler care is the most-costly for providers; we are only able to offer this care when we are able to offset by caring for older children in our PreK, Preschool and Before/After School and Summer Camp programs. -A very real unintended consequence of this Bill is higher cost infant and toddler care and less family choice for all ages. -The Bill does not close the “come and go” loophole, rather creates a new even less regulated exception. Please oppose SB1084 as currently written and protect the licensing process that protects Virginia’s children.

Please see the attached written comment from the Early Care and Education Consortium.