The division shall exempt from licensure the following programs:

1. (1) A program for children enrolled in grades kindergarten through 12 that is operated by the department of education or a public or private school.
2. (2) A program for children who become at least three (3) years of age as of December 1 of a particular school year (as defined in IC 20-18-2-17 ) that is operated by the department of education or a public or private school.
3. (3) A nonresidential program for a child that provides child care for less than four (4) hours a day.
4. (4) A recreation program for children that operates for not more than ninety (90) days in a calendar year.
5. (5) A program whose primary purpose is to provide social, recreational, or religious activities for school age children, such as scouting, boys club, girls club, sports, or the arts.

6. (6) A program operated to serve migrant children that:

   1. (A) provides services for children from migrant worker families; and
   2. (B) is operated during a single period of less than one hundred twenty (120) consecutive days during a calendar year.
7. (7) A child care ministry registered under IC 12-17.2-6 .
8. (8) A child care home if the provider operates to serve migrant children.

9. (9) A child care program operated by a public or private school that does the following:

   1. (A) Provides day care on school property for children in the school corporation in which the public or private school is located.
   2. (B) Complies with health, safety, and sanitation standards as determined by the division under section 4 of this chapter for child care centers or in accordance with a variance or waiver of a rule governing child care centers approved by the division under section 10 of this chapter.
   3. (C) Substantially complies with the fire and life safety rules as determined by the state fire marshal under rules adopted by the division under section 4 of this chapter for child care centers or in accordance with a variance or waiver of a rule governing child care centers approved by the division under section 10 of this chapter.

10. (10) A school age child care program (commonly referred to as a latch key program) established under IC 20-26-5-2 that is operated by:

    1. (A) the department of education;
    2. (B) a public or private school; or

    3. (C) a public or private organization under a written contract with:

       1. (i) the department of education; or
       2. (ii) a public or private school.

11. (11) A child care program that:

    1. (A) is operated by a public or private organization under a contract with a public or private school;

    2. (B) serves children who are enrolled in the public or private school in:

       1. (i) grades kindergarten through 12; or
       2. (ii) a preschool program offered by a public or private school as described in this subdivision; and

    3. (C) serves children who are:

       1. (i) attending school through remote or e-learning due to a disaster emergency declared under IC 10-14-3-12 or IC 10-14-3-29 ; or
       2. (ii) participating in a learning recovery program that administers an assessment to measure student learning loss and provides Indiana academic standards aligned instruction.

12. (12) An educational program:

    1. (A) consisting of a group of not more than ten (10) students who attend the educational program in lieu of attending prekindergarten or kindergarten through grade 12 at a public or private school;
    2. (B) whose students meet in a single classroom in person or outside a classroom and which may include mixed age level groupings; and
    3. (C) that is under the supervision of a teacher or tutor.

13. (13) If located in the same public or private school building:

    1. (A) a preschool program that is operated by the public or private school; and

    2. (B) either or both of the following:

       1. (i) A child care program described in subdivision (9).
       2. (ii) A school age child care program described in subdivision (10).

14. (14) A child care program operated by a public or private school that does the following:

    1. (A) Provides day care on school property for children of employees of a business or organization with which the school has entered into a contract to provide services. If the school property is owned by the school, the school property must have been both:

       1. (i) owned by the school; and

       2. (ii) used for child care;

          on or before January 1, 2024.

    2. (B) Complies with health, safety, and sanitation standards as determined by the division under section 4 of this chapter for child care centers or in accordance with a variance or waiver of a rule governing child care centers approved by the division under section 10 of this chapter.
    3. (C) Substantially complies with the fire and life safety rules as determined by the state fire marshal under rules adopted by the division under section 4 of this chapter for child care centers or in accordance with a variance or waiver of a rule governing child care centers approved by the division under section 10 of this chapter.

As added by P.L.1-1993, SEC.141. Amended by P.L.61-1993, SEC.8; P.L.136-1993, SEC.6; P.L.2-1995, SEC.50; P.L.50-2001, SEC.1; P.L.1-2005, SEC.136; P.L.173-2021, SEC.1; P.L.216-2021, SEC.3; P.L.220-2021, SEC.6; P.L.81-2022, SEC.1; P.L.134-2024, SEC.4; P.L.160-2025, SEC.1.