N.J. Admin. Code § 3A:52-1.3

Current through Register Vol. 56, No. 17, September 3, 2024

Section 3A:52-1.3 - Programs exempt from licensure

(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.

N.J. Admin. Code § 3A:52-1.3

Administrative Change, 49 N.J.R. 98a.

Amended by 49 N.J.R. 413(a), effective 3/6/2017