Are all schools and centers eligible to request exemption from Act 116, Public Acts of 1973, as amended?

Yes.  Any "facility or program for school-age children that is currently operated and has been in operation and licensed or approved as provided in this act for a minimum of 2 years..." is eligible to apply for the exemption from inspections and on-site visits as required in section 5 of this act. [MCL722.111(2)]

Are Michigan School Readiness Programs (MSRP) eligible for exemption from P.A. 116?

No.  Only programs serving children from Kindergarten and higher grades are eligible for exemption from P.A. 116.

What are the criteria a program must meet to be eligible for this exemption from inspections and on-site visits as required by section 5 of P.A. 116?

In order to be eligible for this exemption:  (a) The facility or program has been in operation and licensed or approved under this act for a minimum of 2 years before the application date.  (b) During the 2 years before the application date, the facility or program has not had a substantial violation of this act, rules promulgated under this act, or the terms of licensure or an approval under this act.  (c) The School Board, Board of Directors, or governing body adopts a resolution supporting the application for exemption from inspections and on-site visits required under section 5 as provided for in this subsection. 

Will programs that receive an exemption from inspections have any standards to adhere to?

Yes.  Programs that receive this exemption will be required to maintain status as a licensed or approved program under this act and must continue to meet the requirements of this act, the rules promulgated under this act, or the terms of a license or approval under this act.  In addition, the facility or program will be required to submit documentation annually demonstrating compliance with the requirements of this act, the rules promulgated under this act, or the terms of a license or approval under this act. 

Will exempt programs still be eligible for Department of Human Services and Department of Education food program reimbursements?

Yes.  All of these programs will remain licensed and will be eligible for reimbursement from the MDE sponsored food program.

What happens if the center has both a preschool program and a school age child care program?

The program may request exemption from inspections and on-site visits for the school age child care program.  The preschool program would continue to be inspected by the Bureau of Children and Adult Licensing.

Will the overall capacity of a center be reduced if the school age child care program is exempt from inspections and on-site visits required by section 5 of P.A. 116, but a preschool program continues to be subject to inspections?

No.  The capacity of the center will be the total of all programs under the license.  For example, the current total capacity is 50 - the school age child care program has a capacity of 30 and the preschool program has a capacity of 20.  Upon approval of the exemption from inspections of the school age program, your total licensed capacity will remain 50. 

What must be included in the resolution submitted with the Request for Exemption from P.A. 116 Inspections and On-Site Visits?

The resolution from the School Board, Board of Directors, or governing body must indicate support for the request for exemption from inspections and on-site visits as required in section 5 of P.A. 116.

Can a child care center that has had a regulated preschool for at least two years request an exemption from inspections and on-site visits for a school age child care program that they plan to begin operating now?

No.  The school age child care program must have been in operation for at least two years in order to qualify for the exemption.

Will Child Day Care Licensing Consultants investigate complaints received on school age child care programs that have been exempted from inspections and on-site visits as required in section 5 of P.A. 116?

Yes.  School age programs granted an exemption to inspections and on-site visits as required by section 5 of P.A. 116 are subject to an investigation when a violation of P.A. 116 or a violation of a rule promulgated under P.A. 116 is alleged.

A school age child care program has been operating for more than two years.  However, it recently moved into a new building, generating a new license.  Is this program eligible for exemption from inspections and on-site visits as required by section 5 of P.A. 116?

Yes.  If a program has been operating for more than two years, and the only reason for the new license is the fact that the program was moved into a different building, the program will still be eligible to apply for the exemption.

I still have other questions that need to be answered.  Who should I contact?

You may call a Child Day Care Licensing consultant in your  local office  or the Division of Child Day Care Licensing in Lansing at (517) 373-8300.

How can I obtain an application to be exempt from the requirements of P.A. 116?

The  Request for Exemption from P.A. 116 Licensure/Approval  is available online.