Ga. Comp. R. & Regs. R. 290-2-2-.05 - Licenses, Commissions, and Exemptions
No
(a)
Licenses and Commissions.
The department may issue a temporary license or temporary commission , a
restricted license or restricted commission , or a license or commission in
accordance with these rules.** *
1.
Temporary License or Commission . The department may in its
discretion issue a temporary license or temporary commission if the health and
safety of the children to be served by the center will not be endangered. A
temporary license or commission will be valid for a specified period not to
exceed one (1) year and may be issued in the following instances:** *
(i) when it is found that a day care center
complies with all of the rules which have the
"*" designation but has not yet enrolled children; or** *
(ii) when the day care
center is not in full compliance with these rules but has demonstrated
satisfactory evidence that it is making progress toward meeting these rules and
has submitted an acceptable plan of correction .** *
2.
Restricted License or Commission .
The department may in its discretion issue a restricted license or
commission in lieu of a temporary or regular license or commission .
The restricted
The restriction may also limit the number and/or age of the
children served by the
3.
License or Commission . A
license or commission will be issued, upon presentation of evidence
satisfactory to the department , that the center is in compliance with
applicable statutes and these rules. The license or commission is valid for one
year unless voluntarily surrendered by the holder, reduced to a restricted or
temporary license or commission or suspended or revoked by the department .**
*
(b)
Qualifications Requirement. In order to obtain or retain a license
or commission , the administrator of the center and its employees must be
qualified, as defined in these rules, to administer or work in a day care
center . The department may presume that the administrator and center employees
are qualified, subject to satisfactory determinations on the criminal records
checks. However, the department may require additional reasonable verification
of the qualifications of the administrator and center employees either at the
time of application for a license or commission or at any time during the
license or commission period whenever the department has reason to believe that
an administrator or center employee is not qualified under these rules to
administer or work in a day care center .** *
1. Reasonable verification which may be
required by the department may include, but need not be limited to any or all
of the following: statement(s) from an attending physician or other health care
professionals attesting to the mental and/or physical health of the applicant
and/or staff member; letters of reference from designated persons in the
community where the applicant and/or staff member intends to work or is
working; certified copies of court orders and additional criminal records
checks.** *
(c)
License or Commission is Non-transferable. A license or commission
to operate a day care center is not transferable in any way. Each license or
commission shall be returned to the department immediately upon the expiration,
suspension, revocation, restriction of the license or commission or termination
of the operation.** *
(d)
Renewal of License or Commission . A license or commission will be
renewed upon the filing of a completed annual report and a determination by the
department that the center presents satisfactory evidence of meeting the
standards set forth in these rules.**
(e)
Exemptions. All programs
providing group care for children shall obtain either a license for an early
care and education program or an exemption from the department . 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.
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 or guardian 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 or guardian initially registers a child with an exempt program, the
parent or guardian shall sign a form indicating the parent or guardian 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
inoperating 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.
(f)
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. Sec.
20-2-690), and is accredited by
one or more of the entities listed in O.C.G.A. Sec.
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. Sec.
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 Section
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 premisesof 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, guardians, or custodians and for the use of
on-duty employees or students attending classes;
(iii) Parents, guardians, or custodians are
participating in activities provided by the establishment on the premises of
the establishment;
(iv) Parents,
guardians, or custodians 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 or guardians 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 or day care 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 entityuses
standards that are substantially similar to those established by the
department . The following requirements shall apply to centers seeking an
exemption from licensure:
(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 center while such center remains accredited.
(ii) If such exemption is granted, the center
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 center remains certified or accredited. The
program shall provide the department written notice within five (5) business
days of the center 's loss of certification or accreditation, including a copy
of such notification from the certifying or accrediting entity. The department
shall rescind the center '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/employees as required in O.C.G.A. Section
20-1A-30et seq.,
Chapter 290-2-2, Rules and Regulations for Day Care Centers, Chapter 591-1-1,
Rules for Child Care Learning Centers, and 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 centers granted suchexemption
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 center 's failure to comply with the
requirements for background checks for directors/employees pursuant to O.C.G.A.
Section 20-1A-30et seq.,
Chapter 290-2-2, Rules and Regulations for Day Care Centers, Chapter 591-1-1,
Rules for Child Care Learning Centers, and department policies.
(vi) The department may rescind such
exemption for a center 's failure to comply with local, regional, and state
health department , state fire marshal, and local fire prevention
guidelines/requirements.
(vii) 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 .
(viii) 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.
(ix) A center granted such
exemption shall comply with the requirements of O.C.G.A. Section
49-5-5(t)
regarding providing notice to parents of enrolled children if the center does
not carry liability insurance.
(x)
A center granted such exemption shall post in a conspicuous place in the
facility a copy of the exemption granted by the department and shall notify the
parent and guardian of each child under the care of the facility in writing
that the center has been granted an exemption from licensure by the department .
The copy of the exemption posted by the Center shall be at least 1/2 inch
letters and shall contain the department 's telephone number and website address
in case any parent or prospective parent has any questions regarding the
exemption.
Notes
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