                                 CODE OF VIRGINIA

CERTIFICATION OF PRESCHOOL OR NURSERY SCHOOL PROGRAMS OPERATED BY ACCREDITED
PRIVATE SCHOOLS; PROVISIONAL CERTIFICATION; ANNUAL STATEMENT AND DOCUMENTARY
EVIDENCE REQUIRED; ENFORCEMENT; INJUNCTIVE RELIEF (§ 22.1-289.032)

A. A preschool or nursery school program operated by a private school accredited
by an accrediting organization recognized by the Board pursuant to &#xA7;
22.1-19 shall be exempt from licensure under this chapter if it complies with
the provisions of this section and meets the requirements of subsection B.

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 number of pupils in the preschool program does not exceed 12 pupils for
   each instructional adult, or if operated as a Montessori program with mixed
   age groups of three-year-old to six-year-old children, the number of pupils in
   the preschool program does not exceed 15 pupils for each instructional adult;

   3. The school (i) maintains an average enrollment ratio during the current
   school year of five children age five or above to one four-year-old child, and
   no child in attendance is under age four, or (ii) does not allow children
   below the age of eligibility for kindergarten attendance to attend the
   preschool program for more than five hours per day, of which no more than four
   hours of instructional classes may be provided per day, and no child in
   attendance is under age three;

   4. The preschool offers instructional classes and does not hold itself out as
   a child care center or child day program;

   5. Children enrolled in the preschool do not attend more than five days per
   week; and

   6. The school maintains a certificate or permit issued pursuant to a local
   government ordinance that addresses health, safety, and welfare of the
   children.

C. The school shall file with the Superintendent, 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 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&#8217;s
   preschool program and has posted in a visible location on the premises the
   fact of the program&#8217;s exemption from licensure;

   4. Documentary evidence that the physical facility in which the preschool
   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 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&#8217;s preschool 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 program&#8217;s maximum capacity;
   (iii) the school&#8217;s policy or practice for pupil-teacher ratio, staffing
   patterns, and staff health requirements; and (iv) a description of the
   school&#8217;s public liability insurance, if any;

   6. Qualifications of school personnel who work in the preschool program;

   7. Certification that the school will report to the Superintendent all
   incidents involving serious injury to or death of children attending the
   preschool program. Reports of serious injuries, which shall include any
   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

   8. Documentary evidence that the private school, as set forth in &#xA7;
   22.1-19 and administered by the Virginia Council for Private Education,
   requires all employees of the preschool and other school employees who have
   contact with the children enrolled in the preschool program to obtain a
   criminal record check as provided in &#xA7; 22.1-289.035 to meet the
   requirements of &#xA7; 22.1-296.3 as a condition of initial or continued
   employment.
   				All accredited private schools seeking certification of preschool programs
   shall file such information on forms prescribed by the Superintendent. The
   Superintendent shall certify all preschool programs of accredited private
   schools which comply with the provisions of subsection A. The Superintendent
   may conduct an annual inspection of such preschool programs to ensure
   compliance with the provisions of this section and conduct inspections to
   investigate complaints alleging noncompliance.

D. A preschool program of a private school that has not been accredited as
provided in subsection A shall be subject to licensure.

E. If the preschool program of a private school that is accredited as provided
in subsection A fails to file the statement and the required documentary
evidence, the Superintendent 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.

F. The revocation or denial of the certification of a preschool program shall be
subject to appeal pursuant to the provisions of the Administrative Process Act
(&#xA7; 2.2-4000 et seq.). Judicial review of a final agency decision shall be
in accordance with the provisions of the Administrative Process Act.

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 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 program.

H. Upon receipt of a complaint concerning a certified preschool program of an
accredited private school, 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 Superintendent shall cause an investigation to be made, including on-site
visits as he deems necessary of the services, personnel, and facilities of the
school&#8217;s preschool program. The school shall afford the Superintendent
reasonable opportunity to inspect the school&#8217;s preschool 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 program. If, upon
completion of the investigation, it is determined that the school is in
noncompliance with the provisions of this section, the Superintendent 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 program.

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
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.

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 &#xA7; 22.1-289.046.

K. Nothing in this section shall prohibit a preschool operated by or conducted
under the auspices of a private school from obtaining a license pursuant to this
chapter.

HISTORY: 2020, cc. 860, 861.