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Local Government Approved Recreation Program: Section 22.1-289.030 of the Code of Virginia allows a program of recreational activities offered by local governments, staffed by local government employees, attended by school-age children, and subject to safety and supervisory standards established by local governments to be exempt from licensure.

B. Level 1, License-Exempt Regulated Providers

Certified Preschool: Section 22.1-289.030 of the Code of Virginia allows preschool programs operated by private schools that are accredited by a statewide accrediting organization (or another accrediting organization recognized by the Board of Education) to be exempt from licensure. In order for preschool and nursery school programs operated by accredited private schools to be certified, certain information must be filed with the OCCHS before the beginning of the school year or calendar year. That information must be filed annually thereafter.

Local School Division Programs:

Section 22.1-289.030 of the Code of Virginia allows a child day program offered by a local school division, operated for no more than four hours per day, 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 to be exempt from licensure. Such programs shall be subject to safety and supervisory standards established by the local school division offering the program.

Religious Exempt Child Care Center: Child care centers operated by religious institutions may be exempt from licensure, per § 22.1-289.031 of the Code of Virginia, if the religious institutions submit certain documents to OCCHS prior to opening the child day center and then annually prior to the expiration date of their exemption.

Voluntarily Registered Family Day Home: A family day home serving fewer than five children, exclusive of the provider’s own children and any who reside in the home, that becomes state registered on a voluntary basis using approved standards.

C. Level 2 Providers

Level 2 Providers are child care providers who are licensed by the Department, approved by a licensed family day system, or approved under local ordinance according to §§ 15.2-741 and 15.2-914 of the Code of Virginia. Child Care Centers run by the United States Department of Defense and tribally- licensed programs may be used as a Level 2 Subsidy provider.

Licensed and regulated providers are considered to be operating legally if a complete renewal application was received prior to expiration of their current license, certificate, or permit.