Ga. Comp. R. & Regs. R. 591-1-1-.46 - Exemptions
(1) All programs
providing group care for children shall obtain either a License, Permit or a
commission for an early care and education program or an exemption from the
Department, as applicable. Any person or entity operating or planning to
operate such a service believed to meet the criteria for exemption from
licensure, as listed below, shall apply to the Department for exemption by
submitting the Department's application for exemption.
(a) Exemption Requirements.
1. The application for exemption shall be
notarized and shall include:
(i) A valid and
current e-mail address,
(ii) A
written description of services, fees, ages of children to be served, months,
days, and hours of operation and location,
(iii) Copies of written policies,
advertisements, parental agreement forms, and other materials to support the
criteria for exemption as determined by the Department.
(iv) A sworn statement that the information
provided to the Department is accurate and truthful.
2. The exemptions granted by the Department
are exemptions from licensure, and do not affect the authority of local,
regional or state health department officials, the state fire marshal, local
fire prevention officials, local or regional building officials or zoning
officials to inspect and approve facilities and locations. Programs operated in
a residence are not eligible for exemption. Additionally, the exemption is only
valid at the address listed on the application.
3. A program granted an exemption shall post
in a prominent place near the front entrance of the facility both a copy of the
exemption approval letter issued by the Department and a notice provided by the
Department that will notify a Parent that the program is not licensed and is
not required to be licensed by the state. The notice shall be at least 1/2 inch
letters and shall contain the Department's telephone number and website
address.
4. A program approved for
exemption shall maintain attendance records for children. When a Parent
initially registers a child with an exempt program, the Parent shall sign a
form indicating the Parent has been advised and understands that the program is
not licensed and is not required to be licensed by the state. The program must
maintain the attendance records and parental notification forms during the time
the child is enrolled in the program and for one year after the child no longer
attends the program. All records shall be made available to any authorized
representative of the Department upon request.
5. Any program granted an exemption from
licensure that subsequently loses accreditation, closes and/or ceases operation
shall notify the Department in writing within five (5) business days of such a
change. A program granted an exemption that has subsequent material changes in
the operation of their program, such as, but not limited to, a change of
physical location, a change in operating months, days, and/or hours, or a
change in the ages served shall be required to submit a new application for
exemption to the Department.
6.
Programs granted an exemption may be required to periodically update the
Department on the status of their exemption and operating information such as
but not limited to submitting an annual report that would contain information
related to the exemption approval.
7. The Department may rescind an approval for
exemption when one or more of the following is determined by the department:
(i) The program no longer meets the criteria
for the exemption.
(ii) The program
provided false information during the exemption request process or during an
investigation.
(iii) The program
failed to comply with local, regional, and state health department, fire
marshal, fire prevention, and building/zoning
guidelines/requirements.
(iv) The
program failed to provide the Department with a valid and current e-mail
address or with other information requested by the department, such as but not
limited to, the months, days, and hours of operation, ages of children served
and operating address.
8. A program granted an exemption from
licensure that receives funding under the Childcare and Parent Services program
must comply with the background check requirements as outlined in Rule
591-1-1-.09, Criminal Records and
Comprehensive Background Checks.
(b) Exemption Categories. The following types
of programs shall be exempt from licensure:
1. Programs which are owned and operated by
any department or agency of state, county, or municipal government. This
includes, but is not limited to, the customary school day, as defined in
Georgia law, and before- and/or after- school programs in public schools
operated by the public school system and staffed with school system employees
and recreation programs operated by city or county parks and recreation
departments and staffed with city or county employees.
2. Private non-public educational programs
with an established curriculum for children five (5) years and older that
operate during the school term for the customary school day, as defined by
Georgia law.
3. A private
non-public school which provides education in any grades from kindergarten
through 12th grade, meets the requirements under Georgia law for private
schools (See O.C.G.A. §
20-2-690),
and is accredited by one or more of the entities listed in O.C.G.A. §
20-3-519(6)(A)
and which provides care before, after, or both before and after the customary
school day, as defined in Georgia law, to its students as an auxiliary service
to such students during the regular school year only. The accrediting entities
listed in O.C.G.A. §
20-3-519(6)(A)
are:
(i) The Southern Association of Colleges
and Schools;
(ii) The Georgia
Accrediting Commission;
(iii) The
Georgia Association of Christian Schools;
(iv) The Association of Christian Schools
International;
(v) The Georgia
Private School Accreditation Council;
(vi) The Southern Association of Independent
Schools;
(vii) The Accrediting
Commission for Independent Study. (O.C.G.A §
20-3-519(6.1)(A).
4. Accredited private non-public
educational programs with an established curriculum for four-year-old children
for the customary school day, as defined in Georgia law, that are not part of a
full day Child Care Learning Center and are an integral part of an accredited
private non-public school that provides elementary or secondary instruction or
both, providing the accreditation specifically covers these ages; any before
and/or after school hours for four-year-old children who attend such a program
as described above, provided the children do not leave the premises of the
accredited private non-public school and the program is staffed with employees
of that private non-public school.
5. Parent's Morning Out, Parent's Night Out,
or similar programs which operate for no more than one session of up to four
(4) consecutive hours per day and which limit attendance to no more than eight
(8) hours a week per child.
6.
Nursery schools, playschools, kindergartens or other educational programs for
children two (2) years through six (6) years of age which operate for no more
than four (4) consecutive hours per day.
7. Day camp programs for children five (5)
years and older that are operated between school terms, whose primary purpose
is to provide organized recreational, religious, or instructional activities.
The day camp programs may operate during summer and other school breaks and
shall operate for no more than twelve (12) hours per day.
8. Short-term educational or recreational
activities or classes for children in which the supervision and care of the
children are incidental to their participation in the activity or training in
specific subjects, such as, but not limited to, music lessons, dance classes,
swim lessons, etc. The provider is not assuming responsibility for supervision
and care of the children outside of the classes or activities the children'
participate in and shall not advertise or otherwise represent that child care
services are offered.
9. Any
short-term child care service provided by an establishment, such as, but not
limited to, a religious facility, health club, or retail store, and such
program or service meets all of the following:
(i) Operated on the premises of the
establishment;
(ii) Operated for
the convenience of the Parents and for the use of on-duty employees or students
attending classes;
(iii) Parents
are participating in activities provided by the establishment on the premises
of the establishment;
(iv) Parents
are readily available;
(v)
Attendance of child in the short-term child care service is limited to no more
than four (4) hours per day and no more than ten (10) hours per week, except in
the instance of child care services offered at infrequent events such as, but
not limited to, conferences and weddings.
10. Programs operated after the customary
school day, as defined in Georgia law, for children five (5) years and older
that are strictly instructional and skill-based in a single talent, ability,
expertise, proficiency or subject or in closely related skills, proficiencies
or subjects, including but not limited to classes such as art, cheerleading,
dance, drama, gymnastics, martial arts and music, and the programs comply with
all of the following:
(i) Programs provide
direct instruction in the single skill or subject and/or closely related skills
or subjects to every child each day the child is present;
(ii) Programs do not provide services that
are not directly related to the single skill or subject or to the closely
related skills or subjects, such as but not limited to homework assistance.
During the hours of operation, programs may provide services related to the
instruction, such as transportation and giving children time to change into
proper clothes/gear;
(iii) Programs
shall not advertise or otherwise represent that the program is a child care
facility, an after- school program, or that the program offers child care
services;
(iv) Programs shall not
prepare meals and snacks, but may provide ready-to-eat snacks, such as
pre-packaged snacks;
(v) The
majority of the program staff responsible for instruction shall possess
specialized qualifications to instruct in that skill or subject, and the
program shall submit documentation of such specialized qualifications of staff
to the Department at the time of application for exemption or as requested by
the Department;
(vi) Programs shall
inform Parents about the physical risks a child may face while participating in
the program;
(vii) Such programs
shall not be an integral part of a licensed Child Care Learning
Center;
(viii) Enrollment
information shall clearly define the duration of the program.
11. Short term educational
programs offered to school-aged children in which the supervision and care of
the children are incidental to their participation in the short-term
educational program, and the provider is not assuming responsibility for the
provision of daily child care outside the scheduled program. The majority of
staff responsible for the direct delivery of education services to children
possesses specialized qualifications that are directly related to the short
term educational programs being offered, and the program shall submit
documentation of such specialized qualifications to the department at the time
of application for exemption or as requested by the Department. The sole or
primary purpose of such short term educational programs is:
(i) To prepare children for advancement to
the next educational level through a prescribed course of study or
curriculum;
(ii) To provide
specialized tutoring services through a prescribed course of study or
curriculum to assist children with the passage of mandatory educational
proficiency examinations;
(iii) To
provide specialized tutoring services through a prescribed course of study or
curriculum to assist children in specific academic areas, such as, but not
limited to, foreign language, mathematics, science, etc.
12. Any program or facility providing care
for school-aged children that is operated by, or in affiliation with a national
membership non-profit organization that was created for the purpose of
providing youth services and youth development, that charges a membership fee
for children and may receive monthly, weekly, or daily fees for services. Such
program or facility holds membership in good standing and is certified by its
national association as complying with the association's purposes, procedures,
minimum standards and mandatory requirements. Such national membership
organizations include, but are not limited to, the Boys and Girls Clubs of
America.
13. Any program providing
group care for children for no pay.
14. A Center that is licensed by the
Department may request an exemption from licensure if the Center's program is
an integral part of an established religious congregation or religious school
that conducts regularly scheduled classes, courses of study, or educational
programs and is a member of or accredited by or certified by a state, regional,
or national accrediting agency for religious educational instruction or a
state, regional, or national accrediting agency for educational instruction as
recognized and approved by the Department if such accrediting entity uses
standards that are substantially similar to those established by the
Department. In addition to the requirements listed above applicable to all
exemptions, the following additional requirements shall apply to Centers
seeking an exemption under this provision:
(i)
A Center seeking such exemption from licensure shall be required to submit to
the Department documentation of certification or accreditation, including a
copy of its most recent certification or accreditation inspection report, and
any other pertinent documentation as requested by the Department, such as
non-profit tax-exempt verification. The accrediting agency must conduct
regularly scheduled visits to the program while such program remains
accredited.
(ii) If such exemption
is granted, the program shall submit annual documentation to the Department
verifying its continued certification or accreditation, including a copy of its
most recent certification or accreditation inspection report, and other
pertinent documentation as may be requested by the Department.
(iii) Such exemptions granted by the
Department are valid as long as the program remains certified or accredited.
The program shall provide the Department written notice within five (5)
business days of the program's loss of certification or accreditation,
including a copy of such notification from the certifying or accrediting
entity. The Department shall rescind the program's exemption granted herein
upon notification of the loss of certification or accreditation.
(iv) Any Center seeking such exemption shall
comply with all applicable requirements for background checks for Directors,
Provisional Employees and Employees as required in O.C.G.A. §
20-1A-30et
seq., Chapter 591-1-1, Rules for Child Care Learning Centers,
Department policies, as well as applicable local, regional, and state health
department, state fire marshal, and local fire prevention
guidelines/requirements while such exemption is in effect. The Department
retains jurisdiction over programs granted such exemption to conduct
unannounced periodic background check audits and to conduct complaint
investigations regarding compliance with background check requirements, as well
as compliance with local, regional, and state health department, state fire
marshal, and local fire prevention guidelines/requirements.
(v) The Department may rescind such exemption
for a program's failure to comply with the requirements for background checks
for directors/employees pursuant to O.C.G.A. §
20-1A-30et seq., Chapter 591-1-1, Rules for Child Care Learning Centers, and Department
policies.
(vi) Any Center applying
for such exemption that is owned and/or under the legal control/direction of
the certifying or accrediting entity shall not be approved by the
Department.
(vii) A Center seeking
such exemption shall adopt and comply with the minimum standards of its
certifying or accrediting entity for the operation of the Center's program.
Such minimum standards adopted by the Center shall be published and made
available to Parents of enrolled or prospective children upon
request.
(viii) A program granted
such exemption shall comply with the requirements regarding notification to
Parents of enrolled children if the program does not carry liability
insurance.
Notes
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