| Educational Facility | Criteria for Exemption |
|---|---|
| (1) Accredited Educational Facility For Grades Pre-Kindergarten and Above | (A) The educational facility operates primarily for educational purposes; (B) The educational facility operates the program; (C) All children in the program are at least pre-kindergarten age; and (D) The Texas Education Agency (TEA) or the Southern Association of Colleges and Southern Association of Colleges and Schools (SACS) accredits the educational facility; or the Texas Private School Accreditation Commission (TEPSAC) accredits the educational facility. Note: For educational facilities that also provide residential child care, See §745.125 of this title (relating to Are additional exemption criteria required for an educational facility that provides residential child care?). |
| (2) Before and/or After-School Child Day-Care Operated by an Accredited Educational Facility | (A) TEA, SACS, or TEPSAC accredits the educational facility; (B) The educational facility operates the child day-care program; and (C) All children in the program are at least pre-kindergarten age. |
| (3) Before and/or After-School Child Day-Care Operated by a Contracted Entity | (A) TEA, SACS, or TEPSAC accredits the educational facility; (B) The accredited educational facility contracts with an entity to operate the before and/or after-school child day care; (C) All children in the program are at least pre-kindergarten age; and (D) TEA, SACS, or TEPSAC approves the curriculum content of the before and after-school child day care. |
| (4) Educational Facility that is a Member of an Organization Requiring Compliance with Standards | (A) The educational facility must provide an educational program
from grades pre-kindergarten through at least grade two; (B) All children in the program are at least pre-kindergarten age; (C) The educational facility provides child day care no more than one hour before and one hour after the customary school day in the community; and (D) The educational facility is a member of an organization that either: (i) publishes health, safety, fire, and sanitation standards equal to those required by the state, county, or municipality; or (ii) follows the state, county, or municipal health, safety, and fire codes. |
| (5) Private Educational Facility, Including an Educational Facility that is Religious in Nature | (A) The educational facility offers an educational program; (B) No more than two hours total of child day care is provided before or after the customary school day in the community; and (C) It operates one or more of the following: (i) Pre-kindergarten through at least grade three; (ii) Grades 9 through 12; or (iii) The same pattern of public school grade clustering as the local school district elementary grades (1 through 6). |