In addition to religiously exempt child day programs (§ 22.1-289.031) and certified preschool or nursery school programs (§ 22.1-289.032), certain child day programs are also not required to be licensed and are considered exempt from licensure per § 22.1-289.030 of the Code of Virginia.

Child day programs that are exempt from licensure pursuant to the Code § 22.1-289.030 B, excluding religiously exempt child day centers, certified preschools or nursery school programs, and exempt out-of-school time programs, must file a statement with the Superintendent of the Virginia Department of Education (VDOE) prior to beginning operation of a child day program and annually thereafter.

The Virginia Department of Education - Office of Child Care Health and Safety will conduct inspections to investigate complaints of alleged noncompliance with Code requirements.

Resources and Information

Code of Virginia, § 22.1-289.030. Exemptions from licensure: Child day programs interested in exemption from licensure are encouraged to review this section of the Code to determine if your program is eligible for exemption and to learn about requirements that apply to your program.

Statement of Exemption: This form must be filed with the VDOE by all exempt programs in Subsection B of § 22.1-289.030 (excluding religiously exempt child day centers, certified preschools or nursery school programs, and exempt out-of-school time programs) prior to beginning operation and annually thereafter. 

Exemptions Tip Table: This resource asks a series of questions to help programs determine if the program is considered a child day program, and if it is eligible for an exemption.

Frequently Asked Questions (FAQs) - Exemptions from Licensure: This document provides responses to commonly received questions from child care programs to help determine if a program is eligible to exemption and to better understand the exemption filing process. 

Questions related to exemptions can be submitted via email to cclexemptions@doe.virginia.gov.

Initial Filings

Programs submitting an initial filing for exemption shall complete the Statement of Exemption and upload it through the online portal.  Please file the exemption at least 30 days prior to beginning operation to allow time for processing.  Complete the form in its entirety before submitting it through the online portal.  Retain a copy for your records. Please email cclexemptions@doe.virginia.gov if you have any questions related to completion of this document. 

When using the online portal, programs should select "Filing Exempt Program" 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 email cclexemptions@doe.virginia.gov.

Annual Filings

Programs submitting an annual filing for exemption shall complete the Statement of Exemption and upload it through the online portal. Please submit the annual filing for exemption prior to the anniversary date of the initial filing in order to maintain compliance with the Code of Virginia as stated in § 22.1-289.030 of the Code of Virginia. Complete the form in its entirety before submitting it through the online portal, entering your file number previously provided by the Department.  Retain a copy for your records. Please email cclexemptions@doe.virginia.gov if you have any questions related to completion of this document or if you need your file number to complete the document.

When using the online portal, programs should select "Filing Exempt Program" 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 or encounter difficulties using the online portal, please email cclexemptions@doe.virginia.gov.

Religiously Exempt Child Day Centers

Section 22.1-289.031 of the Code exempts from licensure a child day center operated or conducted under the auspices of a religious institution if the religious institution meets certain requirements and files certain documentation with VDOE prior to opening and annually thereafter. 

Initial and annual filing instructions are located on the Religiously Exempt Child Day Centers webpage. 

Certified Preschools or Nursery School Programs

Section 22.1-289.032 of the Code 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 if the school files certain documentation with VDOE prior to the beginning of the school year or calendar year, as the case may be, and annually thereafter. 

Initial and annual filing instructions are located on the Certified Preschools webpage.  

Exempt Out-of-School Time Programs

Section 22.1-289.030 B 11 of the Code exempts out-of-school time (OST) programs from licensure if the program meets all of the requirements outlined in the exemption. An OST program is "a program that (i) serves only school-age children; (ii) operates primarily before or after regular school hours, during the summer, or at times when school is not normally in session; and (iii) is offered for the purpose of promoting expanded childhood learning and enrichment, child and youth development, or educational, recreational, or character-building activities." There are no filing requirements for these exempt programs. 

Program Self-Assessment Tool: This optional tool can be used by OST programs to help determine eligibility for exemption and ensure compliance with requirements of the exemption. 

Background Checks: Exempt OST programs must obtain background checks for employees and volunteers who will be alone with, in control of, or supervising children in accordance with § 22.1-289.039 and, if applicable, § 22.1-289.040 of the Code. Background check requirements and instructions, and additional information and forms related to background checks can be found on the Background Checks webpage.  Exempt out-of-time school programs will need to complete a ‘Request for Facility ID for Fingerprint’ form to submit to the Virginia Department of Social Services.

Request for Facility ID for Fingerprints form: Exempt OST programs are required to obtain national criminal record checks through Fieldprint in order to comply with § 22.1-289.039 and, if applicable, § 22.1-289.040 of the Code. This request form allows exempt OST programs to request a Fieldprint Facility ID from the Virginia Department of Social Services-Office of Background Investigations. This form is only to be used by exempt OST programs and should not be used by any other child day programs.

Voluntary Consultation Request: Send email to cclexemptions@doe.virginia.gov.