Fla. Admin. Code Ann. R. 65C-22.008 - School Age Child Care
(1) Application for
licensure. Application for a license or for renewal of a license to operate a
school-age child care program must be made on CF-FSP Form 5272, May 2019,
Application for a License to Operate a School-Age Child Care Facility, which is
incorporated by reference. CF-FSP Form 5272 may be obtained from the
Department's website at www.myflfamilies.com/childcare or
from the following link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-10468.
(2) Licensing: A school-age child care
program must be licensed prior to operation and for continued operation, unless
the program demonstrates that it is exempt pursuant to subsection (3), below.
The license is issued in the name of the owner. The owner may be an individual,
partnership, association, company or corporation, and the license must be
posted in a conspicuous location where the school-age child care program is
operating.
(3) Exemptions: A
school-age child care program is not required to be licensed as long as the
program complies with the minimum background screening requirements provided in
Sections 402.305 and
402.3055, F.S., and if the
program demonstrates that conditions of one of the following criteria outlined
in paragraphs (a)-(e), below, are met. A school-age program exempted under
paragraph (3)(a), (c), or (d), below, may become licensed if it chooses to meet
all of the applicable licensing standards in subsection (5), below.
(a) Programs on School Sites. The program is
located on a public/nonpublic school site; and:
1. Is operated and staffed directly by that
school or through a formal agreement, such as a contract, between the school
(or school district, when the latter reserves authority for such agreements)
and a provider which names the school/school district as the responsible party
for the operation of the program. A lease for space or user agreement, with or
without the endorsement of the program by the school/school district, does not
meet the formal agreement requirement.
2. Serves only the school-age children
attending the school during the school day. The program may provide services
during any out-of-school time, including before school, after school, on
teacher planning days, holidays, and intercessions that occur during the school
district's academic calendar year.
3. Follows the standards set forth by the
Florida Building Code State Requirements for Public Educational Facilities
pursuant to Section 402.305(5),
F.S., programs operated in public school facilities, regardless of the
operator.
(b)
Instruction/Tutorial Programs. The program is not designated as a Gold Seal
Quality Care provider and has a single instructional/tutorial purpose and that
purpose is the only service that the program provides. Some examples of these
programs include, but are not limited to, tutoring; a computer class; a ballet
class; a karate class; baseball instruction or other sport; the program cannot
provide any service beyond the instructional and tutorial/academic activity;
and:
1. Does not cater, serve or prepare
meals. The program may choose to provide drinks and ready-to-eat snacks that
are individually pre-packaged and do not require refrigeration.
2. Does not advertise or otherwise represent
that the program has attributes of child care, as defined in Section
402.302(1),
F.S.
3. Enrollment information
shall clearly define the duration of the instructional sessions. Session time
may not exceed two hours. If tutoring is provided in multiple academic areas,
the total combined session times cannot exceed three hours per day.
4. Does not contract to deliver a school
readiness program pursuant to Section
1002.88, F.S.
5. Does not provide transportation directly
or through a contract or agreement with an outside entity, during the hours of
operation for the purposes of field trips.
(c) Open Access Programs. The program is not
designated as a Gold Seal Quality Care provider and meets all of the following
criteria:
1. Operates/Serves children for less
than four hours per day; however, the program may provide services during any
out-of-school time, including before school, after school, on teacher planning
days, holidays, and intercessions that occur during the school district's
official academic calendar year.
2.
Does not advertise or otherwise represent that the program is an afterschool
child care program or that the program offers supervision.
3. Allows children to enter and leave the
program at any time without permission, prior arrangements, or supervision, and
the program does not assume responsibility for supervision.
4. Does not provide transportation, directly
or through a contract or agreement with an outside entity, during the hours of
operation for the purposes of field trips; and,
5. Does not serve or prepare any meals or
snacks other than drinks and ready-to-eat snacks that are individually
pre-packaged and do not require refrigeration.
6. Does not contract to deliver a school
readiness program pursuant to Section
1002.88,
F.S.
(d) Any program that
is not designated as a Gold Seal Quality Care provider and is providing care
for school aged children that is operated by, or in affiliation with a national
membership non-profit or not for profit organization that certifies membership
organizations, as of February 1, 2017, in at least ten states, that was created
for the purpose of providing activities that contribute to the development of
good character or good sportsmanship or to the education or cultural
development of minors in this state, that charges a membership fee for children
and may receive grant funding for services. Such is certified by its national
association as complying with the association's purposes, procedures, minimum
standards and mandatory requirements for all of its before school, after school
or out-of-school time programs. The program must notify the Department prior to
operating and annually, thereafter, of any operation of before school, after
school or out-of-school time programs, provide verification of certification
and good standing by its national association for all of its before school,
after school or out of school time programs, and complete an annual attestation
for compliance with background screening requirements. The Attestation of
Compliance, CF-FSP 5218A, May 2019, is incorporated by reference and available
at http://www.flrules.org/Gateway/reference.asp?No=Ref-10465.
Failure by a program to comply with such reporting, providing required
verifications, and screening requirements shall result in the loss of the
program's exemption from licensure.
(e) The program is not designated as a Gold
Seal Quality Care provider and provides child care exclusively for children in
grades six and above.
(4)
School-age exempt providers shall submit prior to operating and upon request of
the Department, an Attestation of Compliance with background screening
requirements, and providers must attest that the program continues to operate
in the manner as presented to the Department for the exemption determination.
Prior to any changes in operation, the program shall submit a written
notification to the Department outlining the proposed changes for a
redetermination. Failure by a program to comply with such reporting, providing
required verifications, and screening requirements shall result in the loss of
the program's exemption from licensure.
(5) School-Age Child Care Standards. School
age child care programs must follow the standards found in the School-Age Child
Care Facility Handbook, October 2021, incorporated herein by reference. The
handbook may be obtained from the Department's website at
www.myflfamilies.com/childcare or
from the following link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-13955.
(6) This rule will be reviewed and repealed,
modified, or renewed through the rulemaking process five years from the
effective date.
Notes
Rulemaking Authority 402.305 FS. Law implemented 402.305 FS.
New 9-12-04, Amended 4-12-07, 5-1-08, 1-13-10, 8-1-13, 3-30-17, 6-12-19, 1-9-22.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Application for licensure. Application for a license or for renewal of a license to operate a school-age child care program must be made on CF-FSP Form 5272, May 2019, Application for a License to Operate a School-Age Child Care Facility, which is incorporated by reference. CF-FSP Form 5272 may be obtained from the Department's website at www.myflfamilies.com/childcare or from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-10468.
(2) Licensing: A school-age child care program must be licensed prior to operation and for continued operation, unless the program demonstrates that it is exempt pursuant to subsection (3), below. The license is issued in the name of the owner. The owner may be an individual, partnership, association, company or corporation, and the license must be posted in a conspicuous location where the school-age child care program is operating.
(3) Exemptions: A school-age child care program is not required to be licensed as long as the program complies with the minimum background screening requirements provided in Sections 402.305 and 402.3055, F.S., and if the program demonstrates that conditions of one of the following criteria outlined in paragraphs (a)-(e), below, are met. A school-age program exempted under paragraph (3)(a), (c), or (d), below, may become licensed if it chooses to meet all of the applicable licensing standards in subsection (5), below.
(a) Programs on School Sites. The program is located on a public/nonpublic school site; and:
1. Is operated and staffed directly by that school or through a formal agreement, such as a contract, between the school (or school district, when the latter reserves authority for such agreements) and a provider which names the school/school district as the responsible party for the operation of the program. A lease for space or user agreement, with or without the endorsement of the program by the school/school district, does not meet the formal agreement requirement.
2. Serves only the school-age children attending the school during the school day. The program may provide services during any out-of-school time, including before school, after school, on teacher planning days, holidays, and intercessions that occur during the school district's academic calendar year.
3. Follows the standards set forth by the Florida Building Code State Requirements for Public Educational Facilities pursuant to Section 402.305(5), F.S., programs operated in public school facilities, regardless of the operator.
(b) Instruction/Tutorial Programs. The program is not designated as a Gold Seal Quality Care provider and has a single instructional/tutorial purpose and that purpose is the only service that the program provides. Some examples of these programs include, but are not limited to, tutoring; a computer class; a ballet class; a karate class; baseball instruction or other sport; the program cannot provide any service beyond the instructional and tutorial/academic activity; and:
1. Does not cater, serve or prepare meals. The program may choose to provide drinks and ready-to-eat snacks that are individually pre-packaged and do not require refrigeration.
2. Does not advertise or otherwise represent that the program has attributes of child care, as defined in Section 402.302(1), F.S.
3. Enrollment information shall clearly define the duration of the instructional sessions. Session time may not exceed two hours. If tutoring is provided in multiple academic areas, the total combined session times cannot exceed three hours per day.
4. Does not contract to deliver a school readiness program pursuant to Section 1002.88, F.S.
5. Does not provide transportation directly or through a contract or agreement with an outside entity, during the hours of operation for the purposes of field trips.
(c) Open Access Programs. The program is not designated as a Gold Seal Quality Care provider and meets all of the following criteria:
1. Operates/Serves children for less than four hours per day; however, the program may provide services during any out-of-school time, including before school, after school, on teacher planning days, holidays, and intercessions that occur during the school district's official academic calendar year.
2. Does not advertise or otherwise represent that the program is an afterschool child care program or that the program offers supervision.
3. Allows children to enter and leave the program at any time without permission, prior arrangements, or supervision, and the program does not assume responsibility for supervision.
4. Does not provide transportation, directly or through a contract or agreement with an outside entity, during the hours of operation for the purposes of field trips; and,
5. Does not serve or prepare any meals or snacks other than drinks and ready-to-eat snacks that are individually pre-packaged and do not require refrigeration.
6. Does not contract to deliver a school readiness program pursuant to Section 1002.88, F.S.
(d) Any program that is not designated as a Gold Seal Quality Care provider and is providing care for school aged children that is operated by, or in affiliation with a national membership non-profit or not for profit organization that certifies membership organizations, as of February 1, 2017, in at least ten states, that was created for the purpose of providing activities that contribute to the development of good character or good sportsmanship or to the education or cultural development of minors in this state, that charges a membership fee for children and may receive grant funding for services. Such is certified by its national association as complying with the association's purposes, procedures, minimum standards and mandatory requirements for all of its before school, after school or out-of-school time programs. The program must notify the Department prior to operating and annually, thereafter, of any operation of before school, after school or out-of-school time programs, provide verification of certification and good standing by its national association for all of its before school, after school or out of school time programs, and complete an annual attestation for compliance with background screening requirements. The Attestation of Compliance, CF-FSP 5218A, May 2019, is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10465. Failure by a program to comply with such reporting, providing required verifications, and screening requirements shall result in the loss of the program's exemption from licensure.
(e) The program is not designated as a Gold Seal Quality Care provider and provides child care exclusively for children in grades six and above.
(4) School-age exempt providers shall submit prior to operating and upon request of the Department, an Attestation of Compliance with background screening requirements, and providers must attest that the program continues to operate in the manner as presented to the Department for the exemption determination. Prior to any changes in operation, the program shall submit a written notification to the Department outlining the proposed changes for a redetermination. Failure by a program to comply with such reporting, providing required verifications, and screening requirements shall result in the loss of the program's exemption from licensure.
(5) School-Age Child Care Standards. School age child care programs must follow the standards found in the School-Age Child Care Facility Handbook, October 2021, incorporated herein by reference. The handbook may be obtained from the Department's website at www.myflfamilies.com/childcare or from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-13955.
(6) This rule will be reviewed and repealed, modified, or renewed through the rulemaking process five years from the effective date.
Notes
Rulemaking Authority 402.305 FS. Law implemented 402.305 FS.
New 9-12-04, Amended 4-12-07, 5-1-08, 1-13-10, 8-1-13, 3-30-17, 6-12-19, 1-9-22.