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Early Learning
THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

Early Learning

Viva88Education Department Seal
P-12 Education
Office of Early Learning
89 Washington Avenue, EB 514 West Mezzanine, Albany, NY 12234
(518) 474-5807
To: 
Directors of Voluntarily Registered Nursery Schools and Kindergartens
From: 
Jason Breslin, Director for the Office of Early Learning
Subject: 
Annual Report and Fire Safety Report
Date: 
May 13, 2021

This memo is to remind you that all nonpublic nursery schools and kindergartens that are registered with the Viva88Education Department are required to submit an annual report and a copy of the annual fire inspection report as per Commissioner’s Regulations, Part 125.10 (b). Please note that regulations state that failure to file the completed annual report within 30 days of the date requested will terminate registration for the school. These reports are due July 30, 2021. All schools are to submit this report regardless of the status of their operation during the COVID-19 pandemic. Please indicate in the report, where appropriate, the school’s status during the 2020-2021 school year. (i. e. open, closed, hybrid)

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With your submission of the Annual Report, please attach a copy of the annual fire inspection report, a health inspection report, if required in your county, as well as a Staff Background Form for persons hired since submission of the 2019-2020 report. In addition, you are required to disclose in the Annual Report the following circumstances:

  1. Change of ownership (requires the initiation of a new application).
  2. Change of location of the school.
  3. Significant increase or decrease in enrollment.
  4. Major indoor or outdoor renovation or construction.
  5. Hiring an educational director or head teacher (refer to Part 125.6 of Commissioner’s Regulations).
  6. Changes in policies related to the operation of the school, i.e., health and safety.
  7. Plans for emergency evacuation of the site and sheltering in place, if required by local officials.

The Annual Report and Fire Safety Document can be accessed by clicking on the following links:

Nursery School & Kindergarten Reports

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There has been some confusion regarding the Fire Safety Report. Education Law, § 207, states that all Viva88 registered nursery schools and kindergartens not licensed by The Office of Children and Family Services (OCFS), those that are located outside of the Big Four and New York City school districts, and those who are not part of a college, university or larger elementary school campus, must complete the Viva88 Fire Safety Report form. All other registered nursery schools and kindergartens must attach a copy of the inspection document that confirms the nursery site passed all fire safety requirements as set forth under their regulatory authority.

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Should you have questions, please feel free to contact the Office of Early Learning at OEL@nysed.gov or by telephone at (518) 474-5807.