Effective Date:  07/01/08; 07/01/15
Reference: 89 Ill. Adm. Code, Chapter IV, §50.420 (b)


Policy Statement:

A child care center not licensed by the State of Illinois has the burden of demonstrating that it meets the criteria for the exemption it claims (89 Ill. Adm. Code 377), and must certify its facility or program is exempt from licensure including submission of a completed must certify its program is exempt from licensure by submitting a License Exempt Day Care Center Self-Certification form.

Applicability:

This policy applies to all license exempt day care centers.

Procedures:

At the discretion of the Department of Human Services, the center may be asked to furnish a letter from the Department of Children and Family Services (DCFS) that verifies the center's exempt status.

It is also the discretion of the Department of Human Services to determine the extent to which an exemption meets the requirements of the Child Care Assistance Program and the families that it serves.

Child care facilities and programs must meet certain conditions in order to qualify as exempt from licensure as child care facilities under the Child Care Act of 1969. In addition, providers paid through by the Child Care Assistance Program (CCAP) must offer reasonable assurance that state and local health and safety requirements are in place for license-exempt child centers, including, but not limited to:

  1. the prevention and control of infectious disease;
  2. building and physical premises safety; and
  3. minimum health and safety training appropriate to the provider setting

If a parent submits an Application, Redetermination, or Change of Provider Form that indicates their child attends a license exempt day care center, verify the provider status in CCMS. If the provider has not completed a License Exempt Child Care Center Self-Certification form (IL444-3461) and has not submitted the required supporting documentation for exemption reason the facility or program claims, take the following steps:

  1. For a new provider without required documentation, send a Request for Additional Information (RAI) and Form IL444-3461. Form 3461 must be returned within 10 business days.
    1. Send a copy of the RAI to the parent.
    2. Enter the date the first request was sent to the provider.
  2.  Do not approve the provider until the center's exemption is certified.
  3.  If the provider does not respond to the first RAI, send a second RAI and Form 3461.
    1. Send a copy of the second RAI to the parent.
    2. Enter the date the second RAI was sent to the provider.
  4. If the provider does not submit Form 3461 after the second request,
    1. Issue a denial to the parent and provider using reason code #11, and
    2. Send the parent a Change Of Provider Form.
  5. Upon receipt of a completed Form 3461, and/or required documentation update CCMS provider notes as follows: Note the eligible exemption number that corresponds with the exemption box marked, and the effective date received mm/dd/yy.
  6. If the provider submits a completed Form 3461 with an ineligible exemption, (no longer funded through CCAP),
    1. Issue a denial to the parent and provider using reason code #11, and
    2. Send the parent a Change Of Provider Form
    3. Change the provider status in CCMS to "Denied"
    4. Process provider close outs on all active cases for the provider. Closeouts must be issued with 10 calendar day notice.

Effective July 1, 2015, please refer to the Matrix below to determine:

  1. The categories for which a center can claim exemption from licensure that will be funded through the Child Care Assistance Program
  2. The minimum standard supporting documentation by exemption that must be submitted along with Form IL444-3461 to ensure a center claiming exemption from licensure meets the standards of the exemption.
  3. The frequency at which the documentation must be submitted in order to ensure a center claiming exemption from licensure remains in compliance with the standards of the exemption.

Exemption

Clamed

Description of Standard Minimum

Documentation

Entity

Renewal

Frequency

1 (i) (ii)

A receipted copy of the "Non-Public School Registration, Enrollment and Staff Report" filed with ISBE, (87-01) (for Annual Renewal)

and

Signed Contract between School District and Private Entity verifying school/school system is operating the day care program:

For Private Institutions of Higher Learning: The IBHE has statutory authority to oversee all private business and vocational schools in the State of Illinois. Accreditation, Certification or Exemption

Illinois State Board of Education

Local School District/Private Entity

Illinois Board of Higher Education

Schools wishing to remain registered MUST renew their registration annually.

Current School Year

Annual Renewal

(See PBVS Act of 2012)

2

A receipted copy of the "Non-Public School Registration, Enrollment and Staff Report" filed with ISBE, (87-01) (for Annual Renewal)

and

A Certificate of Non-Public School Recognition is issued by the State Superintendent of Education. Initial request requires an evaluation visit (91-04 initial Application)

Illinois State Board of Education

Illinois State Board of Education

Schools wishing to remain registered MUST renew their registration annually.

Recognition is awarded after initial evaluation visit by the State Superintendent of Education. Continued Recognition is contingent upon Annual Renewal by report and periodic visit.

3

Registration letter (for Initial Registration), or

A receipted copy Nonpublic Educational Entity Registration, Enrollment, and Staff Report (87-01) (for Annual Renewal)

And

The certificate of recognition or accreditation issued by a national or multi-state educational organization or association(1)

Recognition and accreditation

Illinois State Board Of Education

American Montessori Society,

Association Montessori International,

Association For The Legal Support of Alternative Schools, or

Independent Association of Schools of the Central States (IASCS),

Other (2)

Schools wishing to remain registered MUST renew their registration annually.

Current

Current

Current

Current

4

Registration letter (for Initial Registration), or

A receipted copy Nonpublic Educational Entity Registration, Enrollment, and Staff Report (87-01) (for Annual Renewal)

Certificate of Fire Clearance Inspection

Illinois State Board of Education

State Fire Marshal

Schools wishing to remain registered MUST renew their registration annually.

Maintains annual inspection

5, 9*

Part day Portion of this exemption is not fundable through the Child Care Assistance Program. Refer to Exemption 9.

A receipted copy of the "Non-Public School Registration, Enrollment and Staff Report" filed with ISBE, (87-01) (for Annual Renewal)

Letter validating the church's/institution's 501(c)(3) Tax Exempt status


Trust Instrument, Certificate and Articles of Incorporation, Articles of Association, or other written instrument establishing the church, religious organization

N/A

Illinois State Board of Education

U.S. Department of Treasury

Secretary of State

N/A

Schools wishing to remain registered MUST renew their registration annually.

Current (Most Recent)

Current (Most Recent)

6 This exemption is not fundable through the Child Care Assistance Program N/A N/A
7 Evidence of control of property (e.g., copy of Lease or Rental Agreement, or Certificate of Occupancy) U. S. General Services Administration (GSA) Current
8 This exemption is not fundable through the Child Care Assistance Program N/A N/A
9* This exemption is not fundable through the Child Care Assistance Program N/A N/A

(1) Provisional recognition or accreditation by the above-cited organizations is acceptable for compliance with the Child Care Act, but status as "associate member" or "affiliate member" is not acceptable.

(2) Other organizations or associations whose recognition or accreditation is being relied upon for purposes of the above referenced exemption requires IDCFS determination of whether accreditation or recognition by the organization meets the requirements of the Child Care Act.

*Part day child care facilities require verification of this exemption from their local DCFS licensing Office - within two years of its original or last notification.