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Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
LD5306759Patrons--Woods, Barry, Calhoun and Stosch; Delegates: Albo, Callahan, Connally, Dillard, Fisher, Harris, Keating, May, Morgan, Reid and Scott
Be it enacted by the General Assembly of Virginia:
1. That §§ 63.1-196.001 and 63.1-196.3:1 of the Code of Virginia are amended and reenacted as follows:
§ 63.1-196.001. 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 § 63.1-196.3.
2. A program where, by written policy given to and signed by a parent or guardian, children are free to enter and leave the premises without permission or supervision. A program that would qualify for this exemption except that it assumes responsibility for the supervision, protection and well-being of several children with disabilities who are mainstreamed shall not be subject to licensure.
3. A program of instructional experience in a single focus, such as, but not limited to, computer science, archaeology, sport clinics, or music, if children under the age of six do not attend at all and if no child is allowed to attend for more than twenty-five days in any three-month period commencing with enrollment. This exemption does not apply if children merely change their enrollment to a different focus area at a site offering a variety of activities and such children's attendance exceeds twenty-five days in a three-month period.
4. Programs of instructional or recreational activities wherein no child under age six attends for more than six hours weekly with no class or activity period to exceed one and one-half hours, and no child six years of age or above attends for more than six hours weekly when school is in session or twelve hours weekly when school is not in session. Competition, performances and exhibitions related to the instructional or recreational activity shall be excluded when determining the hours of program operation.
5. A program that operates no more than a total of twenty program days in the course of a calendar year provided that programs serving children under age six operate no more than two consecutive weeks without a break of at least a week.
6. Instructional programs offered by public and private schools that satisfy compulsory attendance laws or the Individuals with Disabilities Education Act and programs of school-sponsored extracurricular activities that 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 which are not exempt pursuant to subdivision A 6 of this section shall be regulated by the State Board of Education using regulations that incorporate, but may exceed, the regulations for child day centers licensed by the Commissioner.
8. Early intervention programs for children eligible under Part H of the Individuals with Disabilities Education Act wherein no child attends 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 Bible schools, and Bar Mitzvah or Bat Mitzvah classes, and child-minding services provided to allow parents or guardians who are on site to attend religious worship or instructional services.
11. Child-minding services which are not available for more than three hours per day for any individual child offered on site in commercial or recreational establishments if the parent or guardian (i) is not an on-duty employee, (ii) can be contacted and can resume responsibility for the child's supervision within thirty minutes, and (iii) is receiving services or participating in activities offered by the establishment.
12. (Effective until July 1, 1994) A certified preschool or nursery school
program operated by a private school which is accredited by a statewide
accreditation accrediting organization recognized by
the State Board of Education which complies with the provisions of §
63.1-196.3:1. The provisions of this subdivision shall expire on July
1, 1994.
B. Family day homes that are members of a licensed family day system shall not 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 serve as or maintain a child-placing agency shall not be required to be licensed.
D. Prescribed therapeutic recreation programs provided for children with disabilities in programs that meet the child day center definition shall not be subject to licensure under this chapter until the appropriate regulations are promulgated.
§ 63.1-196.3:1. (Effective until July 1, 1994) Certification of preschool or nursery school programs operated by accredited private schools; provisional certification; annual statement and documentary evidence required; enforcement; injunctive relief.
A. A certified preschool or nursery school program operated by a
private school, which is accredited by a statewide
accreditation accrediting organization recognized by
the Board of Education, shall be exempt from licensure if it
complies with the provisions of this section and meets the requirements of
either subsection B or subsection C.
B. A school described in subsection A shall meet the following conditions in order to be exempt under this subsection:
1. The school offers instructional programs that satisfy compulsory school attendance laws, and children below the age of compulsory school attendance also participate in such instructional programs;
2. The instructional programs for children of and below the age of compulsory
school attendance share (i) a specific verifiable common pedagogy, (ii)
educational education materials, (iii) methods of
instruction, and (iv) professional training and individual teacher
certification standards, all of which are required by a state-recognized
accrediting agency for accreditation purposes
organization;
3. The instructional programs described in subdivisions 1 and 2
which have mixed age groups of three-year-old to six-year-old
children have a pupil-teacher ratio that does not exceed fifteen pupils
per teacher and the number of pupils in the preschool program does
not exceed fifteen pupils for each instructional adult;
4. The instructional program contemplates a three-to-four-year learning cycle under a common pedagogy; and
5. Children below the age of compulsory school attendance do not attend the instructional program for more than four hours per day.
C. A school described in subsection A shall be exempt from licensure if it
maintains a an enrollment ratio at any one time
during the current school year of six children of the age of compulsory
school attendance to one child below the age of compulsory school attendance
as long as no child in attendance is under age four and the number of
pupils in the preschool program does not exceed twelve pupils for each
instructional adult.
D. Such private The school shall file with the
Commissioner of Social Services, prior to the beginning of the school year or
calendar year, as the case may be, and thereafter, annually, a statement
which includes the following:
1. Intent to operate a certified preschool or nursery school
program;
2. Documentary evidence that the school has been accredited as provided in subsection A;
3. Documentation that the school has disclosed in writing to the parents,
guardians, or persons having charge of a child enrolled in the school's
preschool or nursery school program the fact of the program's
exemption from licensure;
4. Documentary evidence that the physical facilities
facility in which the preschool or nursery school program
will be conducted by the private school have has been
inspected within the prior calendar year (i) before initial
certification by the local building official and (ii) within the twelve-month
period prior to initial certification and at least annually thereafter
by the local health department, and local fire marshal or Office of the State
Fire Marshal, whichever is appropriate, and that such inspection has
resulted in a finding an inspection report which documents
that the facility is in compliance with applicable laws and regulations
pertaining to food services, health and sanitation, water supply, building
codes, and the Statewide Fire Prevention Code or the Uniform Statewide
Building Code;
5. Documentation that the private school has disclosed the
following in writing to the parents, guardians, or persons having
charge of a child enrolled in the school's preschool or nursery
school program, and in a written statement made available to
the general public, that: (i) the school facility is in
compliance with applicable laws and regulations pertaining to food services,
health and sanitation, water supply, building codes, and the
Statewide Fire Prevention Code or the Uniform Statewide Building Code,
enrollment capacity, health requirements for the staff, and public liability
insurance ,(ii) the preschool program's maximum capacity, (iii)
the school's policy or practice for pupil-teacher ratio, staffing patterns
and staff health, and (iv) a description of the school's public liability
insurance, if any;
6. Qualifications of the school personnel employed
by the school who work in the preschool program; and
7. Documentary evidence that the private school requires all
prospective employees of the preschool and other school
employees who have contact with the children enrolled in the preschool
program to obtain a criminal records record check
as provided in subdivision A 11 of § 19.2-389 as a condition of initial
or continued employment. The school shall refuse not
hire or continue employment to of any such
person who has been convicted of any offense specified in § 63.1-198.1.
All accredited private schools seeking certification of preschool or
nursery school programs shall file such information on such
forms as may be prescribed by the Commissioner of Social Services.
The Commissioner shall certify all preschool and nursery school
programs of accredited private schools which comply with the provisions of
subsection A.
E. The A preschool or nursery school
program of a private school which has not been accredited as provided in
subsection A, or a private school which has not provided
documentation to the Commissioner that it has initiated the accreditation
process, shall be subject to licensure pursuant to the provisions of
this chapter.
A private school which provides documentation to the Commissioner that
it has initiated the accreditation process shall be eligible for provisional
certification by the Commissioner. The Commissioner shall issue a
provisional certificate to a private school which provides documentation to
the Commissioner that it has initiated the accreditation process. The
provisional certificate shall permit the school to operate its preschool
program during the accreditation process period. The issuance of an initial
provisional certificate shall be for a period not to exceed one year. A
provisional certificate may be renewed up to an additional year if the
accrediting organization provides a statement indicating it has visited the
school within the previous six months and the school has made sufficient
progress Such programs shall not be subject to licensure during the
accreditation process provisional certification period.
F. If a private school fails to complete the accreditation
process or is denied accreditation, the Commissioner shall revoke the
provisional certification and the program shall thereafter be subject to
licensure pursuant to the provisions of this chapter.
G. If an accredited private school which operates a
certified the preschool or nursery school program
of a private school which is accredited as provided in subsection A
fails to file the statement and the required documentary evidence, the
Commissioner shall give reasonable notice to such school of the
nature notify the school of its noncompliance and may
thereafter take such action as he determines appropriate, including the
issuance of provisional certification, or notice that the program
shall comply with the licensure requirements of this chapter
is required to be licensed.
H. The Commissioner shall issue a provisional certificate to permit a
private school to operate its preschool or nursery school program during the
accreditation process period. The issuance of a provisional certificate and
the renewal thereof shall be for a period not to exceed one year. The
revocation or denial of the certification of a preschool or nursery
school program shall be subject to appeal pursuant to the provisions of
the Administrative Process Act (§ 9-6.14:1 et seq.). Judicial review of a
final agency decision shall be in accordance with the provisions of the
Administrative Process Act.
I. Any person who has reason to believe that a private school falling within
the provisions of this section is in noncompliance with any applicable
requirement of this section may report the same to the Department of
Social Services, the local department of welfare or social services,
the local health department, or the local fire marshal, each of which may
inspect the school for noncompliance, give reasonable notice to the school of
the nature of its noncompliance, and thereafter may take appropriate action
as provided by law, including a suit to enjoin the operation of the preschool
or nursery school program.
J. Upon receipt of a complaint concerning a certified preschool or
nursery school program of an accredited private school, or of a private
school to which provisional certification has been issued, if for good cause
shown there is reason to suspect that the school is in noncompliance with any
provision of this section or the health or safety of the children
attending the preschool program is in danger, the Commissioner shall
cause an investigation to be made, including on-site visits as he deems
necessary of the services, personnel, and facilities of the school's program.
The school shall afford the Commissioner or his agent reasonable opportunity
to inspect the school's program, records, and facility, and to interview the
employees and any child or parent or guardian of a child who is or has
been enrolled in the preschool or nursery school program.
If, upon completion of the investigation, it is determined that the school is
in noncompliance with the provisions of this section, the Commissioner shall
give reasonable notice to the school of the nature of its noncompliance and
thereafter may take appropriate action as provided by law, including a suit
to enjoin the operation of the preschool or nursery school
program.
K. Failure of a private school to comply with the provisions of this
section, or a finding that the health and safety of the children attending
the preschool or nursery school program is in clear and
substantial danger upon the completion of an investigation, shall be grounds
for revocation of the certification issued pursuant to this section.
L. If such a private school operates a child day program outside
the scope of its instructional classes during the school year or
operates a child day program during the summer, the child day program
shall be subject to licensure as a child day program and subject
to under the regulations promulgated pursuant to § 63.1-202.
M. Nothing in this section shall prohibit a preschool or nursery
school operated by or conducted under the auspices of a private school
from obtaining a license pursuant to this chapter.
N. The provisions of this section shall expire on July 1, 1994.