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2017 SESSION
17101876DBe it enacted by the General Assembly of Virginia:
1. That §§ 63.2-1715 and 63.2-1717 of the Code of Virginia are amended and reenacted as follows:
§ 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 or guardian, school-aged children are free to enter and leave the premises without permission or supervision, regardless of (i) such program's location or the number of days per week of its operation; (ii) the provision of transportation services, including drop-off and pick-up times; or (iii) the scheduling of breaks for snacks, homework, or other activities. 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 25 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 25 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 12 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 20 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 private schools that satisfy compulsory attendance laws or the Individuals with Disabilities Education Act, as amended, 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. Instructional programs offered by public schools that serve preschool-age children or that satisfy compulsory attendance laws or the Individuals with Disabilities Education Act, as amended, 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.
8. Early intervention programs for children eligible under Part C of the Individuals with Disabilities Education Act, as amended, 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 that 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, except for part-time employees working less than two hours per day, (ii) can be contacted and can resume responsibility for the child's supervision within 30 minutes, and (iii) is receiving or providing services or participating in activities offered by the establishment.
12. A certified preschool or nursery school program operated
by a private school that is accredited by a
statewide an
accrediting organization recognized by the State Board of Education or accredited by the National Association for the
Education of Young Children's National Academy of Early Childhood Programs; the
Association of Christian Schools International; the American Association of
Christian Schools; the National Early Childhood Program Accreditation; the
National Accreditation Council for Early Childhood Professional Personnel and
Programs; the International Academy for Private Education; the American
Montessori Society; the International Accreditation and Certification of
Childhood Educators, Programs, and Trainers; or the National Accreditation
Commission that
pursuant to § 22.1-19 and 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 standards established by local governments.
14. A program of instructional or athletic experience operated during the summer months by, and as an extension of, an accredited private elementary, middle, or high school program as set forth in § 22.1-19 and administered by the Virginia Council for Private Education.
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.
§ 63.2-1717. 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 preschool or nursery school program operated by a private
school accredited by a statewide an accrediting organization
recognized by the Board of Education or a private school or
preschool that offers to preschool-aged children a program accredited by the
National Association for the Education of Young Children's National Academy of
Early Childhood Programs; the Association of Christian Schools International;
the American Association of Christian Schools; the National Early Childhood
Program Accreditation; the National Accreditation Council for Early Childhood
Professional Personnel and Programs; the International Academy for Private
Education; the American Montessori Society; the International Accreditation and
Certification of Childhood Educators, Programs, and Trainers; or the National
Accreditation Commission and is recognized by the Board of Education, pursuant to § 22.1-19 shall be
exempt from licensure under this subtitle if it complies with the provisions of
this section and meets the requirements of subsection B, C or
D.
B. A school described in subsection A shall meet the following conditions in order to be exempt under this subsection:
1. The school offers kindergarten or elementary school 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 eligibility for school attendance share (i) a specific verifiable
common pedagogy, (ii) 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 organization;
3. The
instructional programs described in subdivisions 1 and 2 have mixed age groups
of three-year-old to six-year-old children and the number of pupils in the preschool or
nursery school program does not exceed
15 pupils for each instructional adult;
4. The instructional
program contemplates a three-to-four-year learning cycle under a common
pedagogy; and
5. 3. Children below the age of eligibility
for kindergarten attendance do not attend the
instructional preschool
or nursery school program for more than four
hours per the time allowed
for the kindergarten program, whether half or full day.;
C. A school described in
subsection A shall be exempt from licensure if it maintains
an enrollment ratio at any one time during the current school year of five
children age five or above to one four-year-old child as
long as no
4. No child in attendance is
under age four and the number of pupils
in the preschool program does not exceed 12 pupils for each instructional adult. three;
D. A private school or
preschool described in subsection A shall meet the following conditions in
order to be exempt under this subsection:
1. The school offers instructional
classes and has been in operation since January 1984.
2. 5. The
school offers instructional classes and
does not hold itself out as a child care center, child day center, or child day
program.;
3. 6. Children
enrolled in the school are at least three years
of age and do not attend more than (i)
three hours per day and (ii) five days per week.; and
4. The enrolled children
attend only one program offered by the school per day.
5. 7. The
school maintains a certificate or permit issued pursuant to a local government
ordinance that addresses health, safety, and
welfare of the children, such as but not limited
to space requirements, and requires annual inspections.
E. C. The school shall file with
the Commissioner, 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 facility in which
the preschool or nursery school program will
be conducted has been inspected (i) before initial certification by the local
building official and (ii) within the 12-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 an
inspection report which that 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 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 available to the general public: (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,;
(ii) the preschool or nursery school
program's maximum capacity,; (iii) the school's policy or
practice for pupil-teacher ratio, staffing patterns,
and staff health requirements,; and (iv) a description of the
school's public liability insurance, if any;
6. Qualifications of school personnel who work in the preschool or nursery school program; and
7. Documentary evidence that the private school requires all
employees of the preschool or nursery school
and other school employees who have contact with the children enrolled in the
preschool or nursery school program to
obtain a criminal record check as provided in
subdivision A 11 of § 19.2-389 §
63.2-1720.1 to meet the requirements of § 22.1-296.3 as a
condition of initial or continued employment. The
school shall not hire or continue employment of any such person who has an
offense specified in § 63.2-1719.
All accredited private schools seeking certification of preschool or nursery school programs shall file such information on forms prescribed by the Commissioner. The Commissioner shall certify all preschool or nursery school programs of accredited private schools which comply with the provisions of subsection A. The Commissioner may conduct an annual inspection of such schools to ensure compliance with the provisions of this section and conduct inspections to investigate complaints alleging noncompliance.
F. D. A preschool or nursery school program of a
private school that has not been accredited as provided in subsection A, or which has not provided documentation to the Commissioner
that it has initiated the accreditation process, shall be
subject to licensure.
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
provisional certification period.
G. If a 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.
H. E. If the preschool or nursery school program of a
private school which that
is accredited as provided in subsection A fails to file the statement and the
required documentary evidence, the Commissioner shall notify the school of its
noncompliance and may thereafter take such action as he determines appropriate,
including notice that the program is required to be licensed.
I. F. 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 (§ 2.2-4000 et seq.). Judicial review of a final
agency decision shall be in accordance with the provisions of the
Administrative Process Act.
J. G. 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, the local department, 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.
K. H. 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 or nursery school
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
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.
L. I. 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 are in clear and substantial danger
upon the completion of an investigation, shall be grounds for revocation of the
certification issued pursuant to this section.
M. J. If 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 under the regulations adopted pursuant to
§ 63.2-1734.
N. K. 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 subtitle.