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

Current through Register Vol. 56, No. 14, July 15, 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.