{"data":{"id":"us-va/8vac20-821-70","jurisdiction":"us-va","citation":"8VAC20-821-70","heading":"Variances","body":"A. Any demonstration of hardship or request for a variance shall be made to the superintendent and shall be in writing on a form prescribed by the superintendent. The request for a variance shall include the following:\n\n1. The specific  standard for which the applicant or licensee is requesting a variance;\n\n2. A detailed description of the substantial programmatic or financial hardship that will be caused by the applicant or licensee's compliance with the  standard for which the variance is requested; and\n\n3. The proposed alternative to the  standard that will protect the safety and well-being of the children in care.\n\nB. When requested by the superintendent, the applicant or licensee requesting the variance shall obtain additional information to substantiate either (i) that compliance with the  standard will cause substantial programmatic or financial hardship or (ii) that the proposed alternative to the  standard will protect the safety and well-being of the children in care.  The additional information may include the opinions of professionals in the field, research, or studies.\n\nC. The superintendent may attach conditions to a variance upon approval.\n\nD. A variance may be rescinded or modified upon a change in the facts  on  which the superintendent relied in granting the variance.\n\nE. A variance is not transferable between persons.\n\nF. The superintendent shall review each approved variance at least annually.\n\nG.  An applicant or licensee shall not make the programmatic change for which the variance was requested [  before receiving written approval from the superintendent. Initiating the programmatic change  before  receiving approval for the requested variance  may  be grounds for denying the request for the variance and  may  constitute grounds for adverse action.","path":["Title 8. Education","Agency 20. State Board of Education","Chapter 821. General Procedures for the Licensure of Child Day Programs and Family Day Systems and Background Checks","Part II. Licensure Requirements"],"source_url":"https://law.lis.virginia.gov/admincode/title8/agency20/chapter821/section70/","current_through":"2026 Regular Session (effective July 1, 2026)","vintage":"","retrieved_at":"2026-09-14T04:47:54Z","sha256":"85967da13dc3a23ccc37d9a47a013576b8605a29c3d90cb19f29e0ba772af71c","source_id":"us-va-vac","stale":false,"prev":"us-va/8vac20-821-60","next":"us-va/8vac20-821-80"},"notice":"GroundRules: Original legal text. Not legal advice."}