May 2020

 

Appendix 2000-1 Organizations Whose Members May Qualify for Exemption

November 2010

 

The organizations listed at the end of this item are members of the Texas Private School Accreditation Commission (TEPSAC). Members of TEPSAC are approved to accredit nonpublic schools in Texas. Schools that are accredited by TEPSAC members may be exempt from regulation by Licensing.

See the first item in the table under 2371 Standard Educational Programs, regarding programs for prekindergarten and above.

Applying for or being in the process of becoming accredited does not constitute accreditation.

List of Accredited Schools

For a list of the individual private schools accredited by TEPSAC, search the TEPSAC site for the Texas School Directory. The list is updated weekly.

Accreditation Status

For the accreditation status of a specific school, use the Texas Education Directory’s search feature AskTED. (See the first item in the table under 2371 Standard Educational Programs, regarding programs for prekindergarten and above.

TEPSAC Members

The TEPSAC members that are approved to accredit nonpublic schools are:

Accreditation Commission of Baptist Schools

  • 254-710-2410
  • Fax 254-710-3734
  • randy_wood@baylor.edu

Association of Christian Classical Schools

  • 512-899-8095
  • execdirector@accsedu.org
  • accsedu.org

Association of Christian Schools International

  • 972-941-4404
  • Fax 972-941-4405
  • john_craig@acsi.org
  • www.acsi.org

Association of Christian Teachers and Schools

  • 713-943-9978
  • Fax 713-944-4416
  • ellisjoyce@hotmail.com
  • actsschools.org

Independent Schools Association of the Southwest

  • 432-684-9550
  • Fax 432-684-9401
  • rdurham@isasw.org
  • isasw.org

International Christian Accrediting Association

  • 918-493-8880
  • Fax 918-493-8041
  • donpeal@oru.edu
  • icaa.us

Lutheran Schools Accreditation Commission

  • 512-926-4272
  • Fax 512-926-1006
  • wvhinz@aol.com

National Christian Schools Association

  • 512-835-5983
  • Fax 512-835-2184
  • mmoss@brentwoodchristian.org
  • nationalchristian.org/nc

Southern Association of Colleges and Schools

  • 512-326-4200
  • Fax 512-326-5908
  • ssherman@sacscasi.org
  • sacscasi.org

Southwestern Association of Episcopal Schools

  • 806-655-2400
  • Fax 806-655-2426
  • fbarrack@swaes.org
  • swaes.org

Texas Alliance of Accredited Private Schools

  • 361-552-1900
  • Fax 361-552-1951
  • taaps@tisd.net
  • taaps.org

Texas Catholic Conference Education Department

  • 512-339-8416
  • Fax 512-339-8670
  • margaret@txcatholic.org
  • txcatholic.org

Texas Seventh Day Adventists School System

  • 817-783-2223
  • Fax 817-783-5266
  • beder@txsda.org
  • txsda.org

Wisconsin Evangelical Lutheran Synod School Accreditation

  • 214-343-7457
  • Fax 214-348-1424
  • jhenrickson@caltex.org
  • wels.net

Other Organizations

The following organization is not a member of TEPSAC, but does require compliance with established standards and has been reviewed by Child Care Licensing.

Association Montessori International Teachers of Texas (AMITOT)

  • Chrissy Davol
  • 5701 West FM 487
  • Florence, Texas 76527
  • 512-627-1299
  • codavol@hotmail.com

 

Appendix 2000-2 Determining Whether a Program or Operation is Regulated by Child Care Regulation – Questions and Answers

May 2020

 

Child Care Regulation (CCR) staff may use the following questions and answers as a guide to determining whether a program or operation is regulated by CCR.

A. Youth Camps

1. What are the general characteristics of a youth camp licensed by the Department of State Health Services (DSHS)?

DSHS defines a youth camp as a program that:

  1. provides supervision, instruction and recreation;
  2. accommodates at least five minors during each camp session;
  3. operates as a youth camp for no more than 120 days each calendar year;
  4. hosts children who are apart from parents or guardians;
  5. operates as a youth camp for a period of four or more consecutive days;
  6. operates as a youth camp for more than four consecutive hours per day;
  7. operates as a youth camp only during school vacation periods; and
  8. offers at least two youth camp specialized activities in an outdoor setting, such as waterfront activities, archery, horseback riding, challenge courses or riflery that requires special technical skills, equipment or safety regulations.

25 TAC §265.11

2. Does DSHS license martial arts programs as youth camps?

DSHS issues a license for a martial arts program to serve as a youth camp only if the program meets all of the characteristics of a youth camp, as defined in A.1, directly above.

Most martial arts programs meet the requirements listed in 26 TAC §745.129(2), Single Skill Programs, and are, therefore, exempt from CCR regulation by law.

For the requirements to be considered a program that offers direct instruction in a single skill or proficiency, see the Human Resources Code, Chapter 42, §42.041(b)(18).

3. Can CCR recommend that a recreational program apply for a license from DSHS to operate as a youth camp, rather than apply for a license from CCR?

Yes, in some cases; however, CCR staff must first determine whether the program is exempt from regulation or must be licensed as a school-age program.

To determine whether a program is exempt, CCR staff:

  • review the relevant definitions; and
  • compare the information on the program’s exemption determination (Form 2821) with the characteristics and definition of a youth camp.

Recreation programs for children ages 5-13 are commonly known as neighborhood recreation programs. The requirements for exemption as a neighborhood recreation program are listed in 26 TAC §745.129(1), under Exempt Miscellaneous Programs.

Programs that do not meet all of the requirements to be exempt as a neighborhood recreation programs may meet the requirements to be exempt as a school-age program. A school-age program is a child care facility that provides supervision, recreation, and skills instruction or training, before or after the customary school day, for at least two hours a day, three days a week, to children attending prekindergarten through grade six. A school-age program may also provide transportation and may operate during school holidays, the summer period, or any other time when school is not in session.

If, after determining that a program is not exempt, CCR staff believe that the program would more appropriately be licensed by DSHS, CCR staff:

  • may recommend that the operation apply for a license from DSHS; and
  • request that the program send confirmation that its application was sent to DSHS within 14 calendar days of contacting CCR.

If CCR staff believes that CCR must regulate the program, and no confirmation about a DSHS license has been received, or the program cannot be determined to have the characteristics of a youth camp, CCR staff proceed with the application process for a permit from CCR.

CCR staff do not officially determine that a program is exempt from HHSC regulation, unless:

  • the program is already licensed by DSHS; or
  • the program can show proof of application for a DSHS youth camp license within 14 calendar days from the date that the CCR representative contacted the program.

4. Can a program that holds a current license from CCR request a youth camp license from DSHS?

No. DSHS does not issue a license to an operation that holds a current license from HHSC CCR.

5. Since CCR may issue a license to some but not all of an operation’s programs (such as issuing a license for after-school care only), can DSHS issue a youth camp license to some but not all of an operation’s programs?

No. If DSHS issues a youth camp license to the operation, then all of the programs at the operation are exempt from regulation by CCR. Under Human Resources Code §42.041(a)(5), a youth camp licensed by DSHS is exempt from regulation by CCR. So, if DSHS issues a license to an operation for a youth camp, even though the operation includes programs that constitute child care and have no characteristics of a youth camp, CCR cannot regulate any of the operation’s programs.

B. Educational Exemptions for Charter Schools

1. Are charter schools exempt from licensure by CCR?

Yes, charter schools are exempt from licensure by CCR.

2. Is an after-school program that is operated by a charter school exempt from regulation by CCR?

Yes, an after-school program that is operated by a charter school is exempt from regulation by CCR. The Texas Education Agency (TEA) has authority to grant a charter for operation to a school or may authorize a school district to grant the charter.

3. Is an after-school program that is operated by the contractor of a charter school exempt from regulation by CCR?

Yes, an after-school program operated by a contractor for a charter school is exempt from CCR if it demonstrates that it is using TEA approved curriculum content for all the children it serves.

4. Is a charter school exempt from regulation by CCR if it offers more than one program at the same location (for example, offering first grade along with after-school care)?

Just as with school districts, child care programs that are operated by a school district or charter school for children younger than three years are subject to regulation by CCR. If the various programs offered operate separately from each other, CCR exempts only those that qualify for an exemption. If the programs do not operate separately from each other, CCR regulates all of them.

To demonstrate that its programs are separate, a school must meet the criteria for defining whether programs are separate, as described in 2340 Exempt Programs That Operate in the Same Locations as Regulated Operations.

5. May an after-school program exempt from regulation by CCR offer care on school holidays and staff in-service days?

Yes, an after-school program may offer part or full day care on school day holidays and staff in-service days as long as the program is operated by a school district or charter school and the dates are within the designated school year.

6. How do CCR staff determine the designated school year?

Each school/school district publishes a calendar that outlines school days, school holidays, and staff in-service days. School holidays and staff in-service days are considered to be within the designated school year as long as these days are specified in writing on the school calendar.

C. Collaborative Programs – Head Start and Prekindergarten

CCR staff use the following guidelines when determining whether to license a Head Start program:

1. Is an operation that combines subsidized programs, such as Head Start and prekindergarten, exempt from regulation by CCR?

An independent school district is exempt from regulation by CCR, if it:

  1. operates either a Head Start program or combined program that offers Head Start and prekindergarten; and
  2. meets all of the exemption criteria in 26 TAC §745.119(1).

The program is not exempt from regulation if it also receives public funding that requires an operation to be licensed by CCR in order to receive the public funding; for example, an operation that receives public funding for child care management services (CCMS).

To determine who operates a program, CCR staff ask who is responsible for hiring, supervising, and firing staff?

Head Start programs and early care and education operations that do not meet the exemption criteria in 26 TAC §745.119(1) must be licensed and regulated by CCR.

D. Miscellaneous Questions and Answers

1. If a facility is sold to a buyer who plans to open an educational program (for example, a Montessori school for children who are 4 to 5 years old), and the buyer is not subject to regulation, must the buyer still complete an exemption request form?

Yes. An operation cannot make its own determination about being regulated or exempt from regulation. Having information about the new program on the exemption request form provides CCR staff with useful information about the new facility and helps CCR staff determine whether or not it is exempt from regulation by CCR.

2. Are court-ordered children’s exchanges (domestic relations offices) exempt?

The visitation services provided by a domestic relations office or its contractor do not fit the CCR definition of child day care, so CCR neither regulates them nor exempts them from regulation. Provisions for domestic relations offices and their contractors are covered in the Texas Family Code, §203.004(a)(11).

3. Are the healthy snack programs, administered by the Food and Nutrition Division of the Texas Department of Agriculture, exempt?

Most healthy snack food programs do not fit the CCR definition of child day care, so CCR neither regulates them nor exempts them from regulation.

Among the centers that do fit the definition, those that operate for fewer than two hours a day are not required to obtain an exemption or complete an exemption determination form.

Centers that operate for two hours or more a day are required by the Texas Department of Agriculture Food and Nutrition Division to:

  • obtain an HHSC license or proof of exemption; or
  • modify their hours to operate for fewer than two hours a day.

4. When should CCR inspect a program requesting an exemption?

If necessary, CCR staff should inspect the program to observe the following prior to making a determination:

  1. activities;
  2. hours of operation;
  3. ages of the children in care; and
  4. any other factor related to the type of exemption requested.

Appendix 2000-4 Decision Guide: Is the Care Being Provided Subject to Regulation?

March 2015

 

To determine whether child care is subject to regulation, Licensing staff review each of the following sections:

Child Day Care Provided at a Caregiver’s Home

Child Day Care Provided at a Location Other Than the Caregiver’s Home

Determining Whether Care Provided Is Subject to Regulation as a Residential Child Care Facility

Evaluating Child Placing Services

Evaluating Boarding Schools

Exemptions for All Other Residential Operations

Child Day Care Provided at a Caregiver’s Home

Regular care is care that is provided for at least four hours a day, three or more days a week, for three or more consecutive weeks or for four hours a day for 40 or more days in a period of 12 months.

“Children related to the caregiver” means:

  • children who are the caregiver’s children, stepchildren, grandchildren, great-grandchildren, brothers, sisters, stepbrothers, stepsisters, nieces, or nephews;
  • a relationship between the child and caregiver that was created by court decree (such as adoption); or
  • any combination of the above. See HRC §42.002(16).

To determine whether child day care that is provided at the caregiver’s home is subject to regulation, Licensing staff consider the following:

  1. Does the caregiver provide regular care in the caregiver’s own home for children whose ages range from birth through 13 years?
    • If yes, see step 2.
    • If no, the care is not subject to regulation.
  2. Are all of the children related to the caregiver?
    • If yes, the care is not subject to regulation. (Some providers who care for related children may list with HHSC and therefore be subject to Licensing's regulation as provided by HRC §42.0523, but these providers would not be illegal operations if they did not volunteer to be regulated.)
    • If no, see step 3.
  3. Does the caregiver provide care for four or more unrelated children?
    • If yes, the care is subject to registration or may be licensed as a child care home.
    • If no, because there are three or fewer children in care, see step 4.
  4. Does the caregiver receive compensation for providing care to the children?
    • If yes, the care is subject to regulation as a listed home.
    • If no, the care is not subject to regulation.

See:

Texas Human Resources Codes, §42.002(9)(16)(17) and §42.052(c)(d)

Texas Administrative Code, Chapter 745, subchapters B and C

Child Care Licensing Policy and Procedures Handbook, Section 2000 Handling Inquiries About the Licensing Process and Exemptions

Child Day Care Provided at a Location Other Than the Caregiver’s Home

To determine whether child day care, or a plan for child day care, is subject to regulation, Licensing staff consider the following:

  1. Is the care provided outside of the caregiver’s home?
    • If yes, see step 2.
    • If no, see Child Day Care Is Provided at a Caregiver's Home, above.
  2. Are the children in care for more than two days a week?
    • If no, the operation is not subject to regulation and there is no need for further evaluation.
    • If yes, see step 3.
  3. Is the care provided, or expected to be provided, for three or more consecutive weeks?
    • If no, the operation is not subject to regulation and there is no need for further evaluation.
    • If yes, see step 4.
  4. Are all of the children related to the caregiver? “Children related to the caregiver” means children who are the caregiver’s children, stepchildren, grandchildren, great-grandchildren, brothers, sisters, stepbrothers, stepsisters, nieces, or nephews; a relationship between the child and caregiver that was created by court decree (such as adoption); or any combination of the above. See HRC §42.002(16).
    • If yes, the operation is not subject to regulation and there is no need for further evaluation.
    • If no, the operation is subject to licensure. Also, consider the operation for possible exemption.

Determining Whether Care Provided Is Subject to Regulation as a Residential Child Care Facility

To determine whether the child care provided is subject to regulation as a residential child care facility (including a child-placing agency), Licensing staff ask the following question:

Are all of the children related to the caregiver? “Children related to the caregiver” means children who are the caregiver’s children, stepchildren, grandchildren, great-grandchildren, brothers, sisters, stepbrothers, stepsisters, nieces, or nephews; a relationship between the child and caregiver that was created by court decree (such as adoption); or any combination of the above. See HRC §42.002(16)

  • If yes, the operation is not subject to regulation and there is no need for further evaluation.
  • If no, Licensing staff evaluate further to determine whether the operation is subject to regulation or exempt from regulation.

Evaluating Child Placing Services

A program that brings birth mothers and prospective adoptive parents together, but does not arrange the adoption, is not considered to be making plans for a placement. Such programs are not subject to regulation as long as the program:

  • does not receive compensation for its services; and
  • does not conduct child placement activities.

Child placing agencies located in Texas that provide only international adoption services are subject to Licensing’s regulation when placing a child with a Texas family.

Licensure by Another State Agency

Licensure by another state agency to provide medical care does not exempt a facility from the need to be licensed as a child placing agency, if child placing activities are being conducted.

Evaluating Boarding Schools

An accredited educational program or operation for grades pre-kindergarten and above is exempt from regulation by Licensing, if all of the following are true:

  1. The educational operation operates primarily for educational purposes.
  2. The educational operation operates the program.
  3. All children in the program are at least pre-kindergarten age (three or four years).
  4. The educational operation or program is accredited by the Texas Education Agency (TEA), the Southern Association of Colleges and Schools (SACS), or the Texas Private School Accreditation Commission (TEPSAC). Being in the process of applying for accreditation or having applied for accreditation does not constitute accreditation.
    For information on an individual school’s accreditation status, visit AskTED for the Texas Education Directory (TED), or TEPSAC for access to the TEPSAC directory.
  5. The parents retain primary responsibility for financial support, health problems, or serious personal problems of the students.
  6. The residential child care is provided solely for the purpose of facilitating a student’s participation in the educational program and does not exist apart from the educational aspect of the facility.

Exemptions for All Other Residential Operations

The following are exempted from regulation as a residential child care facility:

  1. A facility operated on a federal installation, including military bases and Indian reservations, is exempt.
  2. The following state-operated programs:
    1. A juvenile detention facility certified under §261.405, Texas Family Code, or a juvenile facility providing services solely for the Texas Juvenile Justice Department or any other correctional facility for children that is operated or regulated by another state agency or by a political subdivision of the state.
    2. A treatment facility or a structured program for treating chemically dependent persons that is licensed by the Texas Department of State Health Services.
    3. A youth camp licensed by the Texas Department of State Health Services.
    4. A youth camp exempt from licensure by the Texas Department of State Health Services under §141.0021, Health and Safety Code, because it is:
      1. operated by or located on the campus of an institution of higher education, as defined in §61.003(8), Education Code, or a private or independent institution of higher education, as defined in §61.003(15), Education Code; and
      2. regularly inspected by at least one local governmental entity for compliance with health and safety standards.
  3. Programs of limited duration:
    1. A short-term program, if the program:
      1. operates no more than 11 weeks during the year;
      2. provides care only for children who are at least five years old and younger than 14 years old; and
      3. is not a part of an operation subject to regulation by HHSC Licensing.
    2. A religious program, if it is:
      1. an ongoing program of religious instruction, such as Sunday school or weekly catechism; or
      2. a religious program that lasts two weeks or less.
    3. A respite care program, if:
      1. the program provides residential child care on weekends or for a short time;
      2. the care is planned;
      3. the program does not provide care for more than 40 days per year; and
      4. the program is not a part of an operation subject to regulation by Licensing.
    4. A foreign exchange or sponsorship program, if the children in the program:
      1. entered the United States on a time-limited visa;
      2. are living in the home of a person they are not related to; and
      3. are under the sponsorship of the person with whom they are living, or are under the sponsorship of some organization.
    5. An arrangement between friends, if:
      1. the caregiver is friends with the parents of the child;
      2. the purpose of the arrangement is to provide temporary residential child care for one child or a sibling group; and
      3. the care does not exceed 40 continuous days or 150 total days in a calendar year.
  4. Miscellaneous programs:
    1. A caregiver providing residential care, if all of the following are true:
      1. There is only one unrelated child or sibling group.
      2. The caregiver had previously known the children or family of the children.
      3. The caregiver does not receive compensation or solicit donations for the care of the child or sibling group.
        Compensation is anything of value, beyond the child’s normal expenses, that is received by the caregiver from the parent in exchange for care of the child. Compensation does not include reimbursement for the normal expenses associated with caring for a child, including Medicaid payments, insurance benefits, or other governmental benefits or assistance.
      4. The caregiver has a written agreement with the parent to care for the child or siblings.
    2. An emergency shelter for minors, as defined by §101.003, Texas Family Code, must meet the following:
      1. The purpose of the shelter is to provide shelter or care to a minor and the minor’s child or children if any.
      2. The shelter provides care for the minor and the minor’s child or children only when there is an immediate danger to the physical health or safety of the minor’s child or children.
      3. The shelter does not provide care for more than 15 days, unless the minor consents to shelter or care to be provided to the minor or the minor’s children and is:
        1. 16 years of age or older, resides separate and apart from the minor’s parent, and manages the minor’s own financial affairs; or
        2. unmarried and is pregnant or is the parent of a child; or
        3. has qualified for Temporary Assistance for Needy Families (TANF) and is on the waiting list for housing assistance; and
        4. Licensing staff have received written confirmation on the items listed in this section.
    3. A caregiver caring for a child placed by DFPS when all of the following are true:
      1. The caregiver has a longstanding and significant relationship with the child.
      2. DFPS is the managing conservator of the child.
      3. DFPS placed the child in the caregiver’s home.
    4. Emergency shelter care for human trafficking victims:
      1. may not otherwise operate as a child care facility that is required to have a license from HHSC;
      2. is operated by a nonprofit organization;
      3. provides shelter and care for no more than 15 days to alleged victims of human trafficking as defined in Penal Code §20A.02, who are 13-17 years old; and
      4. is located in a municipality with a population of at least 600,000 that is in a county on an international border, and:
        1. is licensed by, or operates under an agreement with, a state or federal agency to provide shelter and care to children; or
        2. is a family violence center that meets the requirements listed under Human Resources Code §51.005(b)(3), as determined by the Health and Human Services Commission.