Section 22.1-289.032 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.

The State Board of Education recognizes the accreditation process for private schools administered through the Virginia Council for Private Education (VCPE) Commission on Accreditation. Accrediting organizations that are approved by VCPE administer their own accrediting process for schools in their organizations.

In order for preschool and nursery school programs operated by accredited private schools to be certified, programs must file for exemption before the beginning of the school year or calendar year and annually thereafter. The filing information includes, but is not limited to, verification of accreditation or accreditation candidacy, documentation that the parents or guardians of children in care have received written notification that the preschool is exempt from licensure, documentation that the school requires criminal record clearances on all employees of the preschool, a list of staff qualifications and health and fire inspections reports.

The Virginia Department of Education - Office of Child Care Health and Safety may conduct inspections to monitor the preschool's compliance with Code requirements, investigate complaints of alleged noncompliance with Code requirements, and if a program participates in subsidy, monitor compliance with subsidy health and safety inspection requirements.

Contact the Office of Child Care Health and Safety in your region if you need more information about certified preschools and the filing process.

Initial Filings

1. Preschools shall review the  following:
   • Code of Virginia  § 22.1-289.032
   • Documentation for Certification of Preschool Programs exemption packet,
   • Code §§ 22.1-289.06, 22.1-289.044, 22.1-289.045, 22.1-289.049, 22.1-289.054, 22.1-289.057, and 22.1-289.058
   • Code § 54.1-3408 O
   • Information about Background Checks for Child Day Programs
2. Complete all required forms, and submit the initial filing for exemption through the online portal.  When using the online portal, programs should select "Certified Preschool" as the provider type and "initial application" as the interaction purpose. Refer to this quick reference guide for step-by-step instructions on using the online portal.  If you are unable to access the online portal or encounter difficulties using the online portal, please contact the Office of Child Care Health and Safety in your region.

The following listed documents are required attachments for an initial filing for exemption and will need to be uploaded in the online portal when submitting your initial application.  Refer to the Checklist of Required Documents to ensure that you have included all required forms. Model forms are provided below.

• Compliance Statement of Required Documentation
• Accreditation Verification
• Checklist of Section 22.1-289.032
• Virginia Council for Private Education Certification
• Building, Health and Fire Safety Inspection Verification
• A list of qualifications of school staff who work in the preschool program including job titles, education, training, experience and/or skills

Annual Filings

Preschools shall complete the Documentation for Certification of Preschool Programs exemption packet on an annual basis prior to expiration of the exemption.  Submit the annual filing for exemption through the online portal.  When using the online portal, programs should select "Certified Preschool" as the provider type and "renewal application" as the interaction purpose. Refer to this quick reference guide for step-by-step instructions on using the online portal.  If you are unable to access the online portal, encounter difficulties using the online portal, or if you have any questions about the annual filing process, contact your licensing representative for assistance.

Model Forms

• Accreditation Verification
• Building Evaluation Form
• Building, Health and Fire Safety Inspection Verification
• Checklist of Required Documents
• Checklist of Section 22.1-289.032
• Compliance Statement of Required Documentation 
• Environmental Health Inspection
• Sworn Disclosure Statement
• Virginia Council for Private Education Certification

Resources

• Communicable Disease Reference Chart for School and Child Care Facility Personnel
  This resource from the Virginia Department of Health is to be used by child day programs when determining which communicable diseases must be reported to parents when children at the facility have been exposed, and when to exclude children from care. Programs should review this document in its entirety to ensure they are familiar with all notification and exclusion requirements. Programs are reminded to consult the local health department if there is any question about the communicability of a disease, notification requirements, or exclusion requirements.
• Additional resources can be found on the Resources for Providers webpage.