2006 Code of Virginia § 63.2-1715 - Exemptions from licensure

63.2-1715. Exemptions from licensure.

A. The following child day programs shall not be required to be licensed:

1. A child day center that has obtained an exemption pursuant to 63.2-1716.

2. A program where, by written policy given to and signed by a parent orguardian, children are free to enter and leave the premises withoutpermission or supervision. A program that would qualify for this exemptionexcept that it assumes responsibility for the supervision, protection andwell-being of several children with disabilities who are mainstreamed shallnot be subject to licensure.

3. A program of instructional experience in a single focus, such as, but notlimited to, computer science, archaeology, sport clinics, or music, ifchildren under the age of six do not attend at all and if no child is allowedto attend for more than 25 days in any three-month period commencing withenrollment. This exemption does not apply if children merely change theirenrollment to a different focus area at a site offering a variety ofactivities and such children's attendance exceeds 25 days in a three-monthperiod.

4. Programs of instructional or recreational activities wherein no childunder age six attends for more than six hours weekly with no class oractivity period to exceed one and one-half hours, and no child six years ofage or above attends for more than six hours weekly when school is in sessionor 12 hours weekly when school is not in session. Competition, performancesand exhibitions related to the instructional or recreational activity shallbe excluded when determining the hours of program operation.

5. A program that operates no more than a total of 20 program days in thecourse of a calendar year provided that programs serving children under agesix operate no more than two consecutive weeks without a break of at least aweek.

6. Instructional programs offered by public and private schools that satisfycompulsory attendance laws or the Individuals with Disabilities EducationAct, as amended, and programs of school-sponsored extracurricular activitiesthat are focused on single interests such as, but not limited to, music,sports, drama, civic service, or foreign language.

7. Education and care programs provided by public schools that are not exemptpursuant to subdivision A 6 shall be regulated by the State Board ofEducation using regulations that incorporate, but may exceed, the regulationsfor child day centers licensed by the Commissioner.

8. Early intervention programs for children eligible under Part C of theIndividuals with Disabilities Education Act, as amended, wherein no childattends for more than a total of six hours per week.

9. Practice or competition in organized competitive sports leagues.

10. Programs of religious instruction, such as Sunday schools, vacation Bibleschools, and Bar Mitzvah or Bat Mitzvah classes, and child-minding servicesprovided to allow parents or guardians who are on site to attend religiousworship or instructional services.

11. Child-minding services that are not available for more than three hoursper day for any individual child offered on site in commercial orrecreational establishments if the parent or guardian (i) is not an on-dutyemployee, except for part-time employees working less than two hours per day,(ii) can be contacted and can resume responsibility for the child'ssupervision within 30 minutes, and (iii) is receiving or providing servicesor participating in activities offered by the establishment.

12. A certified preschool or nursery school program operated by a privateschool that is accredited by a statewide accrediting organization recognizedby the State Board of Education or accredited by the National Association forthe Education of Young Children's National Academy of Early ChildhoodPrograms; the Association of Christian Schools International; the AmericanAssociation of Christian Schools; the National Early Childhood ProgramAccreditation; the National Accreditation Council for Early ChildhoodProfessional Personnel and Programs; the International Academy for PrivateEducation; the American Montessori Society; the International Accreditationand Certification of Childhood Educators, Programs, and Trainers; or theNational Accreditation Commission that complies with the provisions of 63.2-1717.

13. A program of recreational activities offered by local governments,staffed by local government employees, and attended by school-age children.Such programs shall be subject to safety and supervisory standardsestablished by local governments.

B. Family day homes that are members of a licensed family day system shallnot be required to obtain a license from the Commissioner.

C. Officers, employees, or agents of the Commonwealth, or of any county,city, or town acting within the scope of their authority as such, who serveas or maintain a child-placing agency shall not be required to be licensed.

(1993, cc. 730, 742, 63.1-196.001; 1994, cc. 837, 940; 1999, c. 454; 2000,cc. 61, 1058; 2002, c. 747; 2003, c. 467; 2006, c. 725.)