Navigating the landscape of child care regulations can be complex, especially when it comes to after school programs. For those operating or considering enrolling in after school programs in Florida, a key question arises: does after school programs require child care licensing in Florida? The answer isn’t a simple yes or no, as Florida law provides specific exemptions based on the nature and operation of the program. This article delves into the definitions and exemptions outlined in Florida statutes to clarify when after school programs are required to obtain child care licensing.
Understanding Florida’s Child Care Licensing for After School Programs
To determine whether a child care license is necessary for an after school program in Florida, it’s crucial to understand the state’s definitions of “School-Age Child Care Program” and “School-Age Child.” According to the Florida Administrative Code, a “School-Age Child Care Program” is defined as any licensed child care facility that serves school-aged children, or any before and after school programs licensed as child care facilities that exclusively serve school-aged children (Fla. Admin. Code r. 65C-22.008(1)(b)). A “School-Age Child” is defined as a child who is at least five years old by September 1st of the school year and attends kindergarten through fifth grade (Fla. Admin. Code r. 65C-22.008(1)(a)).
Key Definitions:
- School-Age Child Care Program: Licensed facilities or licensed before and after school programs serving school-aged children.
- School-Age Child: Children aged five (by September 1st) through fifth grade.
It’s important to note that the regulations also mention Family Day Care and Large Family Child Care homes, but these definitions and associated rules (Fla. Admin. Code r. 65C-20.013(1)(a)) are distinct and not directly addressed in the exemptions for after school programs discussed below.
Exemptions from Child Care Licensing for After School Programs in Florida
Florida law provides several specific exemptions under which an after school program serving school-age children may not be required to be licensed as a child care facility. However, even if exempt from licensing, these programs must still comply with minimum background screening requirements as stipulated in Florida Statutes ss. 402.305 and 402.3055. The exemptions are based on the following criteria (Fla. Admin. Code r. 65C-22.008(2)(c)):
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School-Operated Programs: Programs located on public or nonpublic school sites, directly operated and staffed by the school, or through a formal agreement with a provider to serve children attending that specific school, are exempt. These programs exclusively serve students of the school and can operate before school, on teacher planning days, holidays, and intersessions within the school district’s calendar. Programs in public school facilities, regardless of the operator, must adhere to the Florida Building Code State Requirements for Public Educational Facilities as per Section 402.305(5), F.S.
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Instructional or Tutorial Programs: Programs that exclusively provide strictly instructional or tutorial/academic activities are exempt from licensing. These programs cannot offer services beyond their core instructional activities and are prohibited from serving or preparing meals. They may provide drinks, snacks, and vending machine items that do not require refrigeration. Examples of such exempt programs include computer classes, ballet lessons, karate, gymnastics, and sports programs like baseball.
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Limited Operation and Child Autonomy Programs: After school programs meeting all of the following criteria are exempt:
- Operating for no more than four hours in any single day, although they may extend services to before school, teacher planning days, holidays, and intersessions.
- Allowing children to enter and leave the program at will, without adult supervision.
- Not providing transportation for field trips, either directly or through external contracts, during operating hours.
- Not serving or preparing meals, except for those provided through the USDA Afterschool Meal Program (AMP) administered by the Florida Department of Health, under specific conditions of active participation and good standing in the AMP. Non-AMP programs may offer drinks, snacks, and non-refrigerated vending machine items.
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Programs Serving Older Children: After school care programs that exclusively serve children in sixth grade and above are also exempt from child care licensing requirements.
Conclusion
In summary, whether after school programs require child care licensing in Florida depends heavily on the program’s structure, services, and the age groups it serves. While programs operated by schools, those strictly offering instructional activities, programs with limited operation and child autonomy, and those serving older grades may be exempt, it is crucial for program operators to carefully review these criteria and ensure full compliance with all applicable Florida statutes, including background screening requirements. Understanding these exemptions is essential for both program providers and parents to ensure they are operating within and choosing programs that adhere to Florida law.
