Be it enacted by the General Assembly of Virginia:

1. §1. That the Child Care Subsidy Program, established pursuant to 8VAC20-790, shall be expanded to assist employees of any licensed child care provider in the Commonwealth with the costs of child care by providing any eligible employee with dependent children child care at no cost to such employee, in accordance with the following requirements:

1. Any employee of a licensed child care provider in the Commonwealth shall be eligible to receive child care at no cost through the Child Care Subsidy Program who (i) has a dependent child who meets the criteria for eligibility set forth in the Child Care Subsidy Program regulations established by the Board of Education; (ii) works in a child care setting in which such employee works directly with children for at least 30 hours per week; (iii) is employed by a publicly funded child care provider in the Commonwealth, including employment by a Head Start program that is located within a public school building, provided, however, that any employee shall not be eligible if he is employed by a local school division; and (iv) is ineligible for participation in the Child Care and Development Fund Plan for Virginia approved by the U.S. Department of Health and Human Services.

2. Eligibility to receive child care at no cost through the Child Care Subsidy Program shall not be contingent on any employee's household income; and

3. No eligible employee shall be required to pay any copayment to any child care provider to receive child care at no cost through the Child Care Subsidy Program.

§2. That the Board of Education shall adopt any regulations and the Department of Education shall implement any policies or procedures necessary for the implementation and administration of the provisions of §1 of this act.