Home  ::  Procedures  ::  Procedures 377

Procedures 377 : Facilities and Programs Exempt from Licensure

• Section 377.3  Day Programs Exempt From Licensure
• Section 377.4  Part Day Child Care Facilities

Section 377.3  Day Programs Exempt From Licensure

a) All schools exempt from licensure under Rule 377.3 (a) are exempt only insofar as they enroll children "who have attained the age of 3 years" (see definition at Section 377.2). A day care center license is required if any children under age 3 are served -- even if the majority of the children are 3 years of age or older.

== 1)

2) The Illinois State Board of Education (ISBE) has two voluntary procedures relating to non-public schools which exempt these schools from licensure day care centers if all the children served have "attained the age of 3 years" and the requirements of this Section are met. The first of these, registration,requires that the facility complete and file a "Non-Public School Registration, Enrollment and Staff Report" with ISBE. In addition to providing ISBE information on the number of children enrolled (by age range and sex), the Report provides information regarding the number of instructional and non-instructional staff (in full-time equivalence); affiliation of the school (independent, Montessori, religious, etc.). The Report also requires assurance of compliance with state laws regarding attendance, applicable state or local fire safety requirements, and non-discrimination. The "Non-Public School Registration, Enrollment and Staff Report" is submitted annually to ISBE through the Regional Superintendent of Schools.

The second process used by ISBE is recognition. In addition to meeting the requirements for registration, recognition requires that the school set forth its educational objectives and curriculum in such a manner that these can be examined by objective observers. The operators of the school must then request that ISBE (through the Regional Superintendent of Schools) visit the school for the purpose of evaluating the extent to which the school meets its stated philosophical and operational goals and program objectives. On the basis of this visit the State Superintendent assigns a status of "full recognition," "probationary recognition," or "non-recognition" to the school. If approved, the school is issued a Certificate of Non-Public School Recognition. Continued recognition is contingent upon the school's submitting annual reports to ISBE and periodic visits to the school by staff of ISBE or the Regional Superintendent of Schools.

Schools, or that portion of schools, recognized by ISBE are exempt from licensure as day care centers under Section 2219.09 (b) of the Child Care Act of 1969. Documentation of that recognized status is a "Certificate of Non-Public School Recognition" issued by ISBE.

3) Section 2209.09 (c) of the Child Care Act of 1969 exempts from licensure as day care centers those schools registered with ISBE which are "... recognized or accredited by a recognized national or multi-state educational organization or association which regularly recognizes or accredits schools."

Currently, the Department recognizes these organizations or associations as meeting the requirements of the Child Care Act of 1969 for purposes of this exemption:

American Montessori Society

Association Montessori Internationale

Association For The Legal Support of Alternative Schools

Independent Association of Schools of the Central States (IASCS)

Schools claiming exemption from licensure on the basis of recognition or accreditation by these organizations are required to produce the certificate of recognition or accreditation issued by the organization in addition to a receipted copy of the "Non-Public School Registration, Enrollment and Staff Report" filed with ISBE. Provisional recognition or accreditation by the above-cited organizations is acceptable for compliance with the Child Care Act of 1969, but such status as "associate member" or "affiliate member" is not acceptable.

Should the licensing representative encounter other organizations or associations whose recognition or accreditation is being relied upon for purposes of the above referenced exemption, the licensing representative should secure as much information about the organization from the facility claiming the exemption as possible (particularly including the name and address of the organization, any information regarding its accreditation criteria and procedures.) The licensing representative shall not initiate contact with the recognizing or accrediting organization. Rather, the information shall be submitted to DCP, Central Office for follow-up and determination of whether accreditation or recognition by the organization meets the requirements of the Child Care Act of 1969.

NOTE: Since the name "Montessori" is in the public domain and available for use by any organization, the licensing representative shall determine that any Montessori recognition or accreditation certificate accepted is from one of the organizations specifically named above.

== 4),5)

b)

1) Section 2219.09 (e) of the Child Care Act of 1969 exempts from licensure as day care centers "... facilities operated in connection with a shopping center or service, religious services, or other similar activity, where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises and readily available." This exemption does not include day care provided on premises by some employers for their staff since the children are presumed to be in regular attendance (and therefore not "transient") and the parent or custodian is not "readily available" when their job responsibilities take them elsewhere than the day care center.

== 2),3)

c) When counting the number of children served by a day care home, the number counted includes the family's natural and adopted children and all children under the age of 12. To qualify for this exemption, no more than three children under the age of 12 can be in the home at any time day care is being provided. (When the children cared for are from the same household, there are no restrictions as to their age or number.)