                                 CODE OF VIRGINIA

EXEMPTIONS FROM LICENSURE (§ 22.1-289.030)

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

   1. 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&#8217;s attendance exceeds 25 days in a
   three-month period.

   2. Programs of instructional or recreational activities wherein no child under
   age five attends for more than six hours weekly with no class or activity
   period to exceed one and one-half hours, and no child five 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.

   3. Instructional programs offered by private schools that serve school-age
   children and that satisfy compulsory attendance laws or provide services under
   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.

   4. Instructional programs offered by public schools that serve preschool-age
   children, satisfy compulsory attendance laws, or provide services under the
   Individuals with Disabilities Education Act (20 U.S.C. &#xA7; 1400 et seq.),
   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.

   5. Early intervention programs for children eligible under Part C of the
   Individuals with Disabilities Education Act (20 U.S.C. &#xA7; 1431 et seq.),
   as amended, wherein no child attends for more than a total of six hours per
   week.

   6. Practice or competition in organized competitive sports leagues.

   7. Programs of religious instruction, such as Sunday schools, vacation Bible
   schools, Bar Mitzvah or Bat Mitzvah classes, and nurseries offered by
   religious institutions and provided for the duration of specified religious
   services or related activities to allow parents or guardians or their
   designees who are on site to attend such religious services and activities.

   8. 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 &#xA7; 22.1-19 and administered
   by the Virginia Council for Private Education.

   9. Programs providing instructional experience in horse riding, provided that
   (i) such a program is taught (a) by an adult with a recognized certification
   in horse riding instruction and (b) to fewer than 12 children at any time,
   (ii) at least one adult actively supervises no more than three children at any
   time during such a program, and (iii) the majority of programming for any such
   program relates to horse riding and equine activities.

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

   1. A child day center that has obtained an exemption pursuant to &#xA7;
   22.1-289.031.

   2. A program where, by written policy given to and signed by a parent or
   guardian, school-age children are free to enter and leave the premises without
   permission. 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 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.

   4. 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) can be contacted and can resume
   responsibility for the child&#8217;s supervision within 30 minutes and (ii) is
   receiving or providing services or participating in activities offered by the
   establishment.

   5. A certified preschool or nursery school program operated by an accredited
   private school as set forth in &#xA7; 22.1-19 and administered by the Virginia
   Council for Private Education that complies with the provisions of &#xA7;
   22.1-289.03.

   6. 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
   the local government offering the program.

   7. A program offered by a local school division, operated for no more than
   four hours per day on full instructional days or for more than four hours per
   day on shortened instructional days or noninstructional days, staffed by local
   school division employees, and attended by children who are at least three
   years of age and are enrolled in public school or a preschool program within
   such school division. Such programs shall be subject to safety and supervisory
   standards established by the local school division offering the program.

   8. Child-minding services offered by a business on the premises of the
   business to no more than four children under the age of 13 at any given time
   and for no more than eight hours per day, provided that the parent or guardian
   of every child receiving care is an employee of the business who is on the
   premises of the business and can resume responsibility for the child&#8217;s
   supervision within 30 minutes upon request.

   9. A program offered by a private school accredited by and in good standing
   with the Virginia Council for Private Education, operated for no more than
   four hours per day, staffed by the accredited private school&#8217;s
   employees, and attended by school-age children who are enrolled in the
   accredited private school. Such programs shall be subject to safety and
   supervisory standards established by the Virginia Council for Private
   Education.

   10. A child day program that (i) serves only dependent children of military
   personnel and (ii) (a) is located on a military base or federal property or
   (b) is certified as a family child care provider by a branch of the Armed
   Forces of the United States. Any branch of the Armed Forces of the United
   States or its agent, including an installation commander of a military base on
   which a child day program is located, may assume responsibility for approving
   or determining which children may be served by the program that is so exempted
   from licensure.

   11. An out-of-school time program pursuant to &#xA7; 22.1-289.02 that (i) is
   affiliated with a national organization with established health and safety
   requirements; (ii) is in compliance with any health and safety requirements
   established by the national organization described in clause (i); (iii) has
   adopted standards and requirements relating to staff training and
   qualifications that are consistent with the Board&#8217;s regulations relating
   to staff training requirements and qualifications; (iv) requires all
   applicants for employment, employees, applicants to serve as volunteers, and
   volunteers to undergo a background check in accordance with &#xA7;
   22.1-289.039 and, if applicable, in accordance with the provisions of &#xA7;
   22.1-289.040; and (v) has policies and procedures relating to emergency
   preparedness and response, child abuse prevention and response, and internal
   incident reporting and investigation. If there is a conflict between any of
   the health and safety requirements established by the national organization or
   any other standards, requirements, policies, or procedures adopted by the
   out-of-school time program and the Board&#8217;s regulations, the Board shall
   conduct an internal review process and consult with the out-of-school time
   program provider to ensure substantial compliance with the Board&#8217;s
   regulations.

C. Child day programs that are exempt from licensure pursuant to subsection B,
except for child day programs that are exempt from licensure pursuant to
subdivision B 1, 5, or 11, shall:

   1. File with the Superintendent annually and prior to beginning operation of a
   child day program a statement indicating the intent to operate a child day
   program, identifying the specific provision of this section relied upon for
   exemption from licensure, and certifying that the child day program has
   disclosed in writing to the parents or guardians of the children in the
   program the fact that it is exempt from licensure;

   2. Report to the Superintendent all incidents involving serious physical
   injury to or death of children attending the child day program. Reports of
   serious physical injuries, which shall include any physical injuries that
   require an emergency referral to an offsite health care professional or
   treatment in a hospital, shall be submitted annually. Reports of deaths shall
   be submitted no later than one business day after the death occurred; and

   3. Post in a visible location on the premises notice that the child day
   program is operating as a program exempt from licensure with basic health and
   safety requirements but has no direct oversight by the Department.

D. Child day programs that are exempt from licensure pursuant to subsection B,
except for child day programs that are exempt from licensure pursuant to
subdivision B 1, 5, 6, 7, or 11 shall:

   1. Have a person trained and certified in first aid and cardiopulmonary
   resuscitation present at the child day program whenever children are present
   or at any other location in which children attending the child day program are
   present;

   2. Maintain daily attendance records that document the arrival and departure
   of all children;

   3. Have an emergency preparedness plan in place;

   4. Comply with all applicable laws and regulations governing transportation of
   children; and

   5. Comply with all safe sleep guidelines recommended by the American Academy
   of Pediatrics.

E. The Superintendent shall inspect child day programs that are exempt from
licensure pursuant to subsection B to determine compliance with the provisions
of this section only upon receipt of a complaint, except as otherwise provided
by law.

F. Family day homes that are members of a licensed family day system shall not
be required to obtain a license from the Superintendent.

HISTORY: 2020, cc. 860, 861; 2022, c. 615; 2023, cc. 10, 254, 255; 2024, cc. 49,
259; 2025, cc. 172, 328.