IN Code § 12-17.2-2-8 (2021)
2021 Indiana Code|Title 12. Human Services|Article 17.2. Day Care Regulation|Chapter 2. General Powers and Duties of the Division|12-17.2-2-8. Licensure Exemptions

Sec. 8. The division shall exempt from licensure the following programs:(1) A program for children enrolled in grades kindergarten through 12 that is operated by the department of education or a public or private school.(2) A program for children who become at least three (3) years of age as of December 1 of a particular school year (as defined in IC 20-18-2-17) that is operated by the department of education or a public or private school.(3) A nonresidential program for a child that provides child care for less than four (4) hours a day.(4) A recreation program for children that operates for not more than ninety (90) days in a calendar year.(5) A program whose primary purpose is to provide social, recreational, or religious activities for school age children, such as scouting, boys club, girls club, sports, or the arts.(6) A program operated to serve migrant children that:(A) provides services for children from migrant worker families; and(B) is operated during a single period of less than one hundred twenty (120) consecutive days during a calendar year.(7) A child care ministry registered under IC 12-17.2-6.(8) A child care home if the provider:(A) does not receive regular compensation;(B) cares only for children who are related to the provider;(C) cares for less than six (6) children, not including children for whom the provider is a parent, stepparent, guardian, custodian, or other relative; or(D) operates to serve migrant children.(9) A child care program operated by a public or private secondary school that:(A) provides day care on the school premises for children of a student or an employee of the school;(B) complies with health, safety, and sanitation standards as determined by the division under section 4 of this chapter for child care centers or in accordance with a variance or waiver of a rule governing child care centers approved by the division under section 10 of this chapter; and(C) substantially complies with the fire and life safety rules as determined by the state fire marshal under rules adopted by the division under section 4 of this chapter for child care centers or in accordance with a variance or waiver of a rule governing child care centers approved by the division under section 10 of this chapter.(10) A school age child care program (commonly referred to as a latch key program) established under IC 20-26-5-2 that is operated by:(A) the department of education;(B) a public or private school; or(C) a public or private organization under a written contract with:(i) the department of education; or(ii) a public or private school.(11) A child care program that:(A) is operated by a public or private organization under a contract with a public or private school;(B) serves children who are enrolled in the public or private school in:(i) grades kindergarten through 12; or(ii) a preschool program offered by a public or private school as described in this subdivision; and(C) serves children who are:(i) attending school through remote or e-learning due to a disaster emergency declared under IC 10-14-3-12 or IC 10-14-3-29; or(ii) participating in a learning recovery program that administers an assessment to measure student learning loss and provides Indiana academic standards aligned instruction.(12) An educational program:(A) consisting of a group of not more than ten (10) students who attend the educational program in lieu of attending prekindergarten or kindergarten through grade 12 at a public or private school;(B) whose students meet in a single classroom in person or outside a classroom and which may include mixed age level groupings; and(C) that is under the supervision of a teacher or tutor.As added by P.L.1-1993, SEC.141. Amended by P.L.61-1993, SEC.8; P.L.136-1993, SEC.6; P.L.2-1995, SEC.50; P.L.50-2001, SEC.1; P.L.1-2005, SEC.136; P.L.173-2021, SEC.1; P.L.216-2021, SEC.3; P.L.220-2021, SEC.6.