1. (a)

   1. (1) The Childcare Facility Licensing Act, Arkansas Code §§ 20-78-201 – 20-78-220, is the statutory authority for licensing out-of-school time (OST) programs.

   2. (2) This act:

      1. (A) Created the Division of Child Care and Early Childhood Education; and
      2. (B) Authorized the division to establish rules governing the:

2. (i) Granting, revocation, denial, and suspension of licenses for OST facilities; and

   1. (ii) Operation of OST facilities in this state.
   2. (3) This part is the division’s rules for OST facilities.

3. (b)

   1. (1) The Childcare Facility Licensing Act designates the division as the administrative agency responsible for administering the Childcare Facility Licensing Act in accordance with this part.

   2. (2) The division is authorized to inspect and investigate any proposed or operating OST facilities and any personnel connected with the OST facilities to determine if the facility will be or is being operated in accordance with:

      1. (A) The Childcare Facility Licensing Act; and

      2. (B) This part.

         1. (c)
   3. (1) The Child Care Licensing Unit will notify the applicable federal agency at any time it becomes aware of or is advised of violations of any of the following or similar laws.

   4. (2) The owner should be aware of applicable federal laws that may affect the operation of the facility, such as, but not limited to:

      1. (A) The Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.;

      2. (B) Environmental Protection Agency regulations to ensure that any renovation or repair work on a home, childcare facility, or school that was constructed prior to 1978 shall be completed by a contractor that is certified by the Environmental Protection Agency when the repairs or renovations consist of any or all of the following:

         1. (i) The repair or renovation disturbs six square feet (6 sq. ft.) or more of the interior;
         2. (ii) The repair or renovation disturbs twenty square feet (20 sq. ft.) or more of the exterior; or
         3. (iii) The repair or renovation involves removing a window; and

      3. (C) Federal civil rights laws state that a facility may not discriminate on the basis of:

         1. (i) Race;
         2. (ii) Color;
         3. (iii) Sex;
         4. (iv) Religion;
         5. (v) National origin;
         6. (vi) Physical or mental handicap; or
         7. (vii) Veteran status.
         8. (d)

   5. (1)

      1. (A) The licensee shall maintain childcare liability insurance, Acts 2009, No. 778, and comply with the following requirements.
      2. (B) State entities, political subdivisions, or other entities entitled to immunity from liability under Arkansas Code § 21-9-301 are not required to have general liability insurance coverage in order to be licensed.
   6. (2) Prior to the approval of an application, the applicant shall provide verification of the required coverage to the childcare licensing specialist and provide subsequent verification when requested.
   7. (3) The licensee shall maintain the minimum amount of coverage as follows:

      Licensed Capacity of OST Facility	Minimum Childcare Liability Insurance Coverage Required
      1-74	$500,000 per occurrence
      75 and up	$1,000,000 per occurrence

4. (e)

   1. (1) Owners, operators, staff, therapists, and volunteers are:

      1. (A) Mandated reporters of suspected child maltreatment; and
      2. (B) Required to call the Child Abuse Hotline at 1-800-482-5964 if they have reason to suspect child maltreatment.
   2. (2) Additionally, these same individuals are required by Acts 2019, No. 530, to notify law enforcement if they have a good faith belief that there is a serious and imminent threat to the health or safety of a student, employee, or the public based on a threat made by an individual regarding violence in or targeted at a school (facility) that has been communicated to the person in the course of their professional duties.
5. (f) Laws relevant to the operation of OST facilities are available upon request.

6. (g)

   1. (1) The following standards are the minimum licensing requirements that shall be met by persons or organizations that operate an OST facility.

   2. (2) In recommending a license be issued, the Office of Early Childhood works in coordination with the:

      1. (A) Local and state:

         1. (i) Health departments;
         2. (ii) Fire departments; and
         3. (iii) City planning or zoning departments; and
      2. (B) Boiler Inspection Division.
   3. (3) Persons considering opening or expanding an OST facility shall immediately contact these individual departments for inspection and information on their separate rules.

   4. (4) A prospective licensee should request clarification regarding the codes or covenants enforced by these departments as some may:

      1. (A) Prevent the operation of an OST facility at a particular location;
      2. (B) Limit the number of participants in care; or
      3. (C) Impose additional safety requirements.
7. (h) The licensing unit shall share information on the location and status of new applicants applying for a license and on facilities holding a license when a city or county requests the information.

Codification Notes: Acts 2023, No. 237 transferred the administration of early childhood care and education from the Division of Child Care and Early Childhood Education to the Office of Early Childhood of the Department of Education. This section, as promulgated prior to codification into the Code of Arkansas Rules of 2024, contained the following at the end of subdivision (d)(1)(B) of this section: "(Act 23 of 2015)".