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 of Virginia § 22.1-289.030 B, excluding religiously exempt child day centers and certified preschool or nursery programs, must file a Statement of Exemption with the Superintendent of Public Instruction 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.

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.

Resources

The Exemptions Tip Table 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.

The Frequently Asked Questions (FAQs) - Exemptions from Licensure 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.

Model Forms

• Statement of Exemption