New Jersey Administrative Code
Title 3A - CHILDREN AND FAMILIES
Chapter 52 - MANUAL OF REQUIREMENTS FOR CHILD CARE CENTERS
Subchapter 1 - GENERAL PROVISIONS
Section 3A:52-1.3 - Programs exempt from licensure
Universal Citation: NJ Admin Code 3A:52-1.3
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The following programs are exempt from licensure pursuant to the laws specified in N.J.A.C. 3A:52-1.1(a):
1. Programs operated by the board of
education of a local public school district which is responsible for their
implementation and management;
2.
Kindergartens, pre-kindergarten programs, or child care centers that are operated
by, and are an integral part of, a private educational institution or system
providing elementary education in grades kindergarten through sixth;
i. For purposes of this paragraph, operation of a
program by a private educational institution or system shall require direct
operation and payment of staff by the operating institution or system.
ii. For purposes of this paragraph, a program is
an integral part of a private educational institution or system if the program and
the institution or system can reasonably demonstrate integration of the program
based on geographic proximity, commonality of enrollment, and continuation of
enrollment between the program and the institution or system, commonality of
staffing, cohesion of an academic curriculum between programs, or some combination
of the above.
3. Centers or
special classes operated:
i. Primarily for
religious instruction. To qualify for an exemption from licensing under this
paragraph, a center or special class must:
(1) Be
an integral part of a bona fide church or religion;
(2) Serve only children who are two years of age
or older;
(3) Provide a program that is
composed primarily of religious instruction in which the curriculum is related to
religious themes, stories, or teachings; and
(4) For children under six years of age, operate
and provide religious instruction for not more than two hours on any day;
or
ii. For the temporary care
of children while persons responsible for such children are attending religious
services. To qualify for an exemption from licensure under this provision, a center
or special class must:
(1) Provide care only for
the children of participants in religious services that are an integral part of a
bona fide church or religion;
(2) Be
arranged by and responsible to the church or religion; and
(3) Provide child care only for the duration of
time the services are in progress;
4. Programs of specialized activities or
instruction for children that are not designed or intended for child care purposes,
including, but not limited to: Boy Scouts, Girl Scouts, 4-H Clubs, Junior
Achievement, and commercial indoor playground or sports centers where parents remain
with pre-school children; and single activity programs, such as: athletics,
gymnastics, hobbies, art, music, dance, and craft instruction, which are supervised
by an adult, agency, or institution. To qualify for an exemption from licensing
under this paragraph, a program must:
i. Provide
activities that are supervised on a full-time basis by an adult; and
ii. Provide only a single instruction or activity
program. For children under six years of age, such single instruction or activity
programs shall be limited to not more than two hours on any day;
5. Homework or tutorial programs that
submit documentation demonstrating that:
i. Time
frames are developmentally appropriate for the age group served and children under
six years of age do not attend the program for more than two hours;
ii. The tutorial or homework instruction is not
designed for child care purposes;
iii.
The tutorial or homework program is supervised on a full-time basis by an
adult;
iv. There is no agreement,
written or implied, between the tutorial or homework program and the parent to
assume responsibility for the care of the child; and
v. There is no agreement, written or implied,
between the tutorial or homework program that transportation is provided by the
program.
6. Youth camps
required to be licensed under the Youth Camp Safety Act of New Jersey, pursuant to
26:12-1 et seq. To qualify for an
exemption from licensing under this provision, a program must have a valid and
current license as a youth camp, issued by the New Jersey Department of Health. A
youth camp sponsor who also operates a child care center shall also secure a license
from the Office of Licensing for the center;
7. Regional schools operated by, or under contract
with, the Department of Children and Families; and
8. Privately operated infant and preschool
programs that are approved by the Department of Education to provide services
exclusively to local school districts for children with disabilities, pursuant to
18A:46-1 et seq.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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