2300, Exemption Categories and Types

Revision 24-2; Effective May 22, 2024

2310 Types of Exemptions

Revision 24-2; Effective May 22, 2024

Four exemption categories apply to child care programs:  

  • operations regulated by governmental entities;
  • programs of limited duration;
  • certain educational facilities and programs; and
  • certain miscellaneous programs.

Reference 

26 TAC Section 745.113   

2320 Governmental Entities that are Exempt from Regulation by CCR

Revision 24-2; Effective May 22, 2024

The table lists certain types of programs that are exempt from regulation by CCR because they are regulated by other governmental entities. 

Program Type26 TAC Section
Certain federal programs745.115(1)(B)
Certain recreation programs operated by municipalities745.115(2)
Certain recreation programs operated by municipalities745.115(3)

References

Programs with Oversight by the Federal Government, 2321 
Programs Under the Regulatory Authority of Other State Agencies, 2322 
Municipal Recreation Programs, 2323 

2321 Programs with Oversight by the Federal Government

Revision 24-2; Effective May 22, 2024

2321.1 A Program Providing Care to People Not Lawfully Present in the United States

Revision 24-2; Effective May 22, 2024

A program that provides 24-hour care exclusively to people not lawfully present in the United States and are in the custody of the federal government are exempt from regulation by CCR.

Reference

26 TAC Section 745.115(1)(b) 

2322 Programs Under the Regulatory Authority of Other State Agencies

Revision 24-2; Effective May 22, 2024

A program licensed, operated, certified, or registered by another state agency is exempt from regulation by CCR. This includes the following programs:

  • correctional facilities; 
  • treatment facilities;
  • youth camps licensed by the Texas Department of Health Services (DSHS); and
  • youth camps exempt from DSHS licensing that meet certain criteria.

References

26 TAC Section 745.115(2) 
HRC Section 42.041(b)(6) 
 

2322.1 Correctional Facilities

Revision 24-2; Effective May 22, 2024

The following types of correctional facilities are exempt from regulation by CCR:

•    juvenile detention facilities certified under Section 51.12 of the Texas Family Code;
•    juvenile correctional facilities certified under Section 51.125 of the Family Code;
•    facilities operated by the Texas Juvenile Justice Department (TJJD) or facilities that provides services solely for TJJD; and
•    any other correctional facility for children operated or regulated by another state agency or by a political subdivision of the state.

References

26 TAC Section 745.115(2)(A)(B)(C) 
Texas Family Code Section 261.405 
HRC Section 42.041(b)(13)

2322.2 Treatment Facilities

Revision 24-2; Effective May 22, 2024

The following types of facilities are exempt from regulation by CCR:

  • treatment facilities under regulatory authority of another state agency; or
  • structured treatment programs that serves chemically dependent people and are licensed by the Texas Department of State Health Services.

Reference

26 TAC Section 745.115(2)(D)  

2322.3 Youth Camps

Revision 24-2; Effective May 22, 2024

A youth camp is exempt from regulation by CCR if it is:

  • licensed by DSHS; or
  • exempt from licensure by DSHS per Section 141.0021, Health and Safety Code, because it is:
    • operated by or on the campus of an institution of higher education or a private or independent institution of higher education, as those terms are defined in Education Code Section 61.003; and
    • regularly inspected by at least one local governmental entity for compliance with health and safety standards.

Exception

Operations licensed by CCR that run summer camps, such as school-age programs, must continue to operate under the CCR license during summer months. 

References

School-Age Program, 2110.6 
26 TAC Sections 745.37(2)(H) , 745.115(2)€  and 745.115(2)(F) 
 

2323 Municipal Recreation Programs

Revision 24-2; Effective May 22, 2024

A recreation program is exempt from regulation by CCR if the program:

  • operates for children 5 through 13 years;
  • is operated by a municipality;
  • provides standards of care adopted by a municipality to the parents of each program participant;
  • informs the parents of each program participant that the program is not licensed by the state; and
  • does not advertise itself as a child care operation. 

The governing body of the municipality annually adopts standards of care by ordinance after a public hearing.

The standards of care must include:

  • staffing ratios; 
  • staff qualifications; 
  • facility health and safety standards; and 
  • monitoring and enforcement provisions.

A program in a municipality with a population of at least 300,000 that has adopted standards by ordinance after at least two public hearings may accept public comment through its municipal website for at least 30 days instead of having a public hearing.

References

26 TAC Section 745.115(3) 
HRC Section 42.041(b)(14)  

2330 Programs of Limited Duration that are Exempt from Regulation by CCR

Revision 24-2; Effective May 22, 2024

Certain programs of limited duration are exempt from regulation by CCR.

Program Type26 TAC Section
Program with parents on the premises745.117(1)
Short-term program745.117(2)
Religious program745.117(3)
Foreign exchange or sponsorship program745.117(4)

2331 Program with Parents on the Premises

Revision 24-2; Effective May 15, 2024

A program with parents on the premises is exempt from regulation by CCR if:

  • The program operates in association with a shopping center, business, or other elective activity including retreats or classes for religious instruction.
  • The program does not advertise as a child care operation and informs parents it is not regulated by the state.
  • The parent or person responsible for the child attends or engages in the elective activity nearby. 
  • The program’s caregivers can contact the parent or person responsible for the child at all times.
  • The child is only in care for up to:
    • four and one-half hours per day and 12 hours a week; or
    • 5 hours per week if care is provided so a parent may attend an educational class provided by a nonprofit entity in a city with a population of 500,000 or more and the city is located within a county adjacent to an international border. 

Part-time employees and contractors who handle the program may use the program if they meet the limits   above. A program   caregiver may use the program for their own child without time limits if the child remains with a caregiver.

References

26 TAC Sections 745.101(1) and 745.117(1) 
HRC Section 42.041(b)(3) 
 

2331.1 Examples of Parents on the Premises Programs that May be Exempt

Revision 24-2; Effective May 22, 2024

Examples of parents on the premises programs that may be exempt include programs that operate:

  • in connection with a religious organization and offer programs for children, such as classes for religious instruction;
  • so parents can attend a short-term class for up to three hours for four or fewer days or evenings a week for a few weeks, such as classes on parenting skills, or English as a second language; and
  • in a gym or health club, so members can exercise. 

Reference

Permits Required for Child Day Care, 2110 

2332 Short-Term Program

Revision 24-2; Effective May 22, 2024

A short-term program may be exempt from regulation by CCR, if the program:

  • operates for fewer than three consecutive weeks and fewer than 40 days in a 12-month period; and
  • is not part of an operation subject to regulation by CCR.

References

Definitions of Terms for child care facility
Processing an Exemption Request, 2400 
26 TAC Sections 745.21(7), 745.101(2) and 745.117(2)

2333 Religious Program

Revision 24-2; Effective May 22, 2024

A religious program may be exempt from regulation by CCR  if the program:

  • lasts for two weeks or fewer; and
  • is operated during summer months.

An example of a religious program is a vacation Bible school.

References

26 TAC Section 745.117(3)
HRC Section 42.041(b)(4)

2334 Foreign Exchange or Sponsorship Program

Revision 24-2; Effective May 22, 2024

A foreign exchange or sponsorship program is exempt from regulation by CCR if:

  • an unrelated child or sibling group lives in the provider’s home;
  • each child is in the United States on a time-limited visa; and
  • each child is sponsored by an organization or by the provider with whom they are living.

References

26 TAC Section 745.117(3) 
HRC Section 42.041(b)(4) 

2334 Foreign Exchange or Sponsorship Program

Revision 24-2; Effective May 15, 2024

A foreign exchange or sponsorship program is exempt from regulation by CCR if:

  • an unrelated child or sibling group lives in the provider’s home;
  • each child is in the United States on a time-limited visa; and
  • each child is sponsored by an organization or by the provider with whom they are living.

References

26 TAC Section 745.117(4) 
HRC Section 42.041(b)(22) 

2340 Educational Programs that are Exempt from Regulation by CCR 

Revision 24-2; Effective May 22, 2024

The educational programs identified in the table are exempt from regulation by CCR under 26 TAC Section 745.119

Program Type26 TAC Section
Accredited educational program745.119(1) Accredited Educational Facility for Grades Pre-Kindergarten and Above
Before or after-school program operated by an educational entity745.119(2) Before or After-School Program Operated by an Accredited Educational Facility
Before or after-school program operated by a contracted entity745.119(3) Before or After-School Program Operated by a Contracted Entity
Educational program that is a member of an organization requiring compliance with the organization’s standards745.119(5) Private Educational Facility, Including an Educational Facility that is Religious in Nature

Reference

HRC Sections 42.041(b)(7)(8)(9)(11) 

2341 Accredited Educational Program for Grades Pre-K and Above

An accredited educational program that operates for children in grades pre-k and above is exempt from regulation by CCR if the program:

  • operates primarily for educational purposes;
  • operates the educational program;
  • serves children 3 years and older; and
  • is accredited by:
    • the Texas Education Agency (TEA);
    • the Southern Association of Colleges and Schools (SACS); or
    • an accreditation body recognized by the Texas Private School Accreditation Commission (TEPSAC).

Exception

A child care program operated by a school district for its employees, including bus drivers, teachers, custodians and kitchen workers, is subject to regulation.

Educational Facilities that also Provide Residential Child Care

For an educational facility that also provides residential child care, reference Additional Exemption Criteria when an Educational Program Provides Residential Child Care, 2346.

Other Educational Programs

For information about charter schools, reference Appendix 2000-2, Determining Whether a Program or Operation is Regulated by Child Care Regulation – Questions and Answers, Item B.

For information about collaborative programs, such as an independent school district (ISD) that operates a Head Start program or a program that combines Head Start and prekindergarten, visit Appendix 2000-2, Item C.

References

26 TAC Section 745.119(1)

HRC Section 42.041(b)(7)

2342 Before or After-School Program Operated by an Educational Facility

Revision 24-2; Effective May 22, 2024

A before or after-school child care program operated by an accredited educational facility is exempt from regulation by CCR if:

  • it is accredited by: 
    • TEA; 
    • SACS; or 
    • an accreditation body recognized by TEPSAC;
  • the accredited educational facility operates the child care program; and
  • the program serves children 3   years   and older.

References

26 TAC Section 745.119(2)
HRC Section 42.041(b)(7) 

2343 Before or After-School Program Operated by a Contracted Entity

Revision 24-2; Effective May 22, 2024

A before or after-school program operated by a contracted entity is exempt from regulation by CCR if the educational facility:

  • is accredited by: 
    • TEA; 
    • SACS; or 
    • an accreditation body recognized by TEPSAC;
  • contracts with an entity to operate the before or after-school child care;
  • serves children 3 years and older; and
  • offers a curriculum for before or after-school care approved by:
    • TEA; 
    • SACS; or 
    • an accreditation body recognized by TEPSAC.

Procedure

When reviewing an exemption request for a before or after-school program operating under contract with a public educational facility, CCR staff:

  • ask the program to submit written documentation that demonstrates the program is using TEA- approved curriculum content for all ages the program will serve; and
  • verify the curriculum content is on the current Instructional Materials Current Adoption Bulletin list on the TEA website.
    To decide if a before or after-school program operated by a contracted entity is exempt, CCR staff review:
  • the standard documents required in 2423 Supplemental Information CCR Reviews to Determine if a Program is Exempt;
  • the curriculum provided for all ages to verify if it has been approved; and
  • the contract between the program and the facility.

References

Educational Programs that are Exempt from Regulation by CCR, 2340   

26 TAC Section 745.119(3) 
HRC Section 42.041(b)(7) 

2344 Educational Program that is a Member of an Organization Requiring Compliance with the Organization’s Own Standards

Revision 24-2; Effective May 22, 2024

An educational program that is a member of an organization that requires compliance with its own standards is exempt from regulation by CCR if the program:

  • serves children: 
    • no younger than 3 years by Sept. 1; and
    • through at least grade two;
  • provides child care for no more than one hour before and one hour after the hours that are customary for schools in that community; and
  • is a member of an organization that either:
    • publishes health, safety, fire, and sanitation standards equal to those required by the state, county, or municipality; or
    • follows the state, county, or municipal health, safety, and fire codes.

The organization that requires compliance with health, safety, fire and sanitation standards sends the following to CCR:

  • documentation that the organization: 
    • has its own standards for health, safety, fire, and sanitation that are equal to those required for licensed operations; or 
    • requires members to comply with state, county, or municipal health, safety, fire, and sanitation codes;
  • a monitoring plan designed to make sure members comply with either the organization’s standards for health, safety, fire, and sanitation or the health, safety, and fire codes of the state, county, or municipality; and
  • a list of names and addresses of the other educational programs or operations that are members of the organization. After CCR determines the program is exempt, the program must send this list to CCR every six months.

The facility seeking exemption submits the following to CCR:

  • a completed Form 2820, Educational Facility Request for Exemption from Child Care Regulation; and
  • any other documentation to support that the program is exempt.

References

26 TAC Sections 745.119(4) and 745.127 

HRC Section 42.041(b)(8) 

2345 Private Educational Program

Revision 24-2; Effective May 22, 2024

A private educational program is exempt from regulation by CCR if the program:

  • serves children who are at least 3 years old;
  • provides no more than a total of two hours of child day care before or after customary school day in that community; and
  • offers one or more of the following:
    • a prekindergarten class through at least grade three;
    • any elementary grades, which are kindergarten through grade five; or
    • any secondary grades, which are grades six through 12.

References

Definitions of Terms for customary school day

26 TAC Section 745.119(5) 
HRC Section 42.041(b)(11)  
 

2346 Additional Exemption Criteria when an Educational Program Provides Residential Child Care

Revision 24-2; Effective May 22, 2024

If an educational program provides residential child care, the program is exempt from regulation by CCR   if the program meets the exemption criteria in Accredited Educational Program for Grades Pre-K and Above, 2341   and meets the following additional criteria:

  • parents retain primary responsibility for their child’s financial support, health problems, or serious personal problems; and
  • residential child care is provided solely to facilitate the students’ participation in the educational program and does not exist apart from the educational aspect of the program.

Reference

26 TAC Section 745.125 

2347 When an Exempt Educational Program Must Obtain a Permit for a Portion of the Program

Revision 24-2; Effective May 22, 2024

An educational program otherwise exempt from regulation must get a permit for the portion of the program that:

  • cares for children younger than the exemption allows;
  • provides before or after-school care for more hours than the exemption allows; or
  • provides care outside the designated school year.

The designated school year is the academic calendar approved by a school board for the local community that includes the instructional days, school holidays, and staff in-service days.  

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

26 TAC Sections 745.121 and 745.123 

2350 Miscellaneous Programs Exempt from Regulation by CCR

Revision 24-2; Effective May 22, 2024

The following miscellaneous programs are exempt from regulation by CCR under 26 TAC Section 745.129.

Exemption TypeTAC Rule
Neighborhood recreation program745.129(1)
Skills program745.129(2)
A caregiver that has a written agreement with a parent to provide residential care745.129(3)
Emergency shelter for minors745.129(4)
Child or sibling group placed by the Department of Family and Protective Services (DFPS)745.129(5)
Food distribution program745.129(6)
Emergency shelter for victims of human trafficking745.129(7)
Respite care for a local mental health authority  745.129(8)

2351 Neighborhood Recreation Program

Revision 24-2; Effective May 22, 2024

A neighborhood recreation program is exempt from regulation by CCR if the:

  • program provides activities designed for the recreation of children   5 through 13 years   ;
  • program’s governing body adopts standards for care that must   include:
    • staffing ratios;  
    • staff training;
    • health and safety standards;
    • mechanisms for assessing and enforcing the program’s compliance with the standards for care; and
    • receiving and resolving complaints from parents of enrolled children;
  • program does not:
    • collect compensation other than a nominal annual fee for membership; or
    • solicit donations as payment for services goods provided as part of the program;
  • program is organized as a nonprofit organization or is located at the participant’s residence;
  • program informs each parent it is not regulated by CCR;
  • program is not advertised or represented as a regulated child care operation that offers child care services; and
  • program conducts criminal background checks on all employees and volunteers who work with the children.

References

Definitions of Terms for compensation

26 TAC Section 745.129(1) 
HRC Section 42.041(b)(19)

2352 Skills Program

Revision 24-2; Effective May 22, 2024

A program that teaches a single skill, talent, ability, expertise, or proficiency is exempt from regulation by CCR if the program:

  • offers direct instruction for one talent, ability, expertise, or proficiency;
  • does not provide other services not directly related to the single skill, talent, ability, expertise, or proficiency;
  • informs each parent it is not regulated by CCR;
  • is not advertised or represented as a regulated operation;
  • informs parents of any physical risk a child may face while participating in the program; and
  • conducts background checks using information  from the Department of Public Safety for all program employees and volunteers who work with children.

References

26 TAC Section 745.129(2) 
HRC Section 42.041(b)(18)

2353 Caregiver Has Written Agreement with a Parent to Provide Residential Care

Revision 24-2; Effective May 22, 2024

An unrelated adult caregiver is exempt from regulation by CCR if the caregiver:

  • is caring for only one child or sibling group:
    • knows the child or sibling group, or family of the child or sibling group, before providing care; 
    • does not receive compensation or solicit donations for the care of the child or sibling group; and
    • has a written agreement with the parent to care for the child or siblings; or
  • is caring for multiple children or sibling groups and:
    • is caring for six or fewer children;
    • does not receive compensation or solicit donations for the care of the child or sibling group; and
    • has a written agreement with the parent of each child or sibling group to care for the child or sibling group.

References

Definitions of Terms for compensation

26 TAC Section 745.129(3) 
HRC Sections 42.041(b)(20) and (25)

2354 Emergency Shelter for Minors

Revision 24-2; Effective May 22, 2024

An emergency shelter is exempt from regulation by CCR if the shelter:

  • does not otherwise operate as a child care facility that must have a license from CCR;
  • provides shelter or care to the minor and the minor’s child or children, if any;
  • provides care for the minor or the minor’s child or children only when there is an immediate danger to the physical health or safety of the minor or the minor’s child or children;
  • does not provide care for more than 15 days, unless:
    • the minor consents to shelter or care to be provided to the minor or minor’s children; and:
      • is 16 years or older, lives separate and apart from the minor’s parent, and manages the minor’s own financial affairs; or
      • is unmarried and is pregnant or is the parent of a child; or
    • the minor has qualified for Temporary Assistance for Needy Families under HRC Chapter 31 and is on the waiting list for housing assistance; and
  • the shelter is:
    • currently under contract with a state or federal agency for the provision of shelter or care to children; or
    • a family violence center that meets the requirements listed under HRC Section 51.005(b)(3), as determined by the Health and Human Services Commission.

References

26 TAC Section 745.129(4) 
HRC Section 42.041(b)(12)

2355 Child or Sibling Group Placed by the Department of Family and Protective Services  

Revision 24-2; Effective May 22, 2024

An unrelated adult caregiver is exempt from regulation by CCR if:

  • the caregiver has a longstanding and significant relationship with the child or sibling group or the family of the child or sibling group;
  • the Department of Family and Protective Services (DFPS) is the managing conservator of the child or sibling group; and
  • DFPS placed the child or sibling group in the caregiver’s home.

References

26 TAC Section 745.129(5) 

Texas Family Code, Chapter 264 Relative and Other Designated Caregiver Placement Program, Subchapter I 
HRC Section 42.041(b)(21)

2356 Food Distribution Program

Revision 24-2; Effective May 22, 2024

A food distribution program is exempt from regulation by CCR if the program:

  • serves an evening meal to children who are 2 years or older; and
  • is operated by a nonprofit food bank in a nonprofit, religious, or educational facility for not more than two hours a day on regular business days.

References

26 TAC Section 745.129(6) 
HRC Section 42.041(b)(16)

2357 Emergency Shelter for Victims of Human Trafficking

Revision 24-2; Effective May 22, 2024

An emergency shelter is exempt from regulation by CCR if the shelter:

  • does not otherwise operate as a child care operation required to have a permit from HHSC;
  • is operated by a nonprofit organization;
  • provides shelter and care for no more than 15 days to alleged victims of human trafficking per Penal Code Section 20A.02, who are 13-17 years old; and
  • is in a municipality with a population of at least 600,000 in a county on an international border and:
    • is licensed by or operates under an agreement with a state or federal agency to provide shelter and care to children; or
    • is a family violence center that meets the requirements in HRC Section 51.005(b)(3), as determined by the Texas Health and Human Services Commission.  

References

26 TAC Section 745.129(7) 
HRC Section 42.041(b)(23)

2358 Respite Care for a Local Mental Health Authority

Revision 24-2; Effective May 22, 2024

A program that provides respite care for a local mental health authority is exempt from regulation by CCR if the program is under a contract with that authority. 

References

26 TAC Section 745.129(8) 
HRC Section 42.041(b)(24)

2360 Other Programs

Revision 24-2; Effective May 22, 2024

Staff also may receive an exemption request for:

  • certain annual youth camps; and
  • background check only entities.

2361 Certain Annual Youth Camps

Revision 24-2; Effective May 22, 2024

An annual youth camp is exempt by law from regulation by CCR if the youth camp:

  • is held in a municipality with a population of more than 1.5 million;
  • operates no longer than three months; and
  • has been operated for at least 10 years by a nonprofit organization that provides care for the homeless.

Reference

HRC Section 42.041(b)(15)

2362 Background Check Only Entities

Revision 24-2; Effective May 22, 2024

Skills programs and substitute organizations that offer services at regulated child care operations have a CCR online account to submit and get background check results on any person in the organization who needs a background check under 26 TAC Chapter 745, Subchapter F, Background Checks, because the person will have access to children in care. 

When the Centralized Background Check Unit   Receives a Background Check Only Entity Request

Procedure

When the Centralized Background Check Unit (CBCU) receives a Background Check Only Entity Request from an organization, CBCU staff:

  • evaluate the information received;
  • verify with the program that its employees or volunteers provide their service at regulated child care programs;
  • enter the request and document on the Exemption Requests and Background Check Only Entities page in CLASS:
    • Background Check Only for Request Type;  and
    • Select the appropriate Category Type; and
  • upload the request to CLASS Document Library.

If the program is operating or intends to operate a program that does not meet the criteria for a Background Check Only Entity, CBCU staff consult with the Unregulated Operations unit (UOU) to decide next steps.

References

Background Check Only Entities in CLASS, 10123.1 

Appendix 1000-1 Organizing Child Care Regulation Records

26 TAC Section 745.605(a)(2)(B) 

HRC Section 42.056(I)