SwimRVA Challenges Virginia Department of Education Over Licensure Requirement

SwimRVA, a nonprofit aquatics organization based in Henrico County, has filed a formal appeal contesting a Virginia Department of Education (VDOE) decision stating that it was not exempt from child day program licensure at the time of a drowning incident involving a young camper.

The Incident Leading to State Scrutiny

The controversy centers on the drowning of 9-year-old King Overton at SwimRVA-North on June 15. Overton’s death prompted state investigators to examine whether SwimRVA was operating its swim camps in compliance with Virginia's child care licensing laws and staff-to-child ratio requirements.

Virginia Department of Education's Findings

On July 20, the VDOE determined that SwimRVA-North did not meet exemptions outlined in the Code of Virginia for operating without a child day program license. The department based its ruling on three main points:

• SwimRVA's summer camps were found not to be a “single focus” instructional program, as only one and a half hours per day were dedicated to swimming with the remainder involving other activities. Some attendees also participated for more than 25 days in a three-month span, negating the single-focus exemption under Virginia Code 22.1-289.030(A)(1).
• The program allowed children aged six and up to attend more than 12 hours per week, engaging in activities outside of competitions, performances, and exhibitions, ruling out the exemption under Code 22.1-289.030(A)(2).
• Concerns were raised about staff qualifications, training, and background checks, contributing to the ineligibility under Code 22.1-289.030(B)(11).

SwimRVA’s Arguments in the Appeal

In a petition for appeal filed on September 2, Greater Richmond Aquatics Partnership (doing business as SwimRVA) described the VDOE’s decision as “erroneous and arbitrary,” arguing that the state misinterpreted the law. The nonprofit maintains it should qualify for the “single focus exemption” since its camps are designed solely to teach swim instruction. SwimRVA asserts that out-of-water activities, like kickball and human bowling, are intended to support swim instruction by building physical strength.

Regarding the "12-hour activity exemption," SwimRVA claims that campers spend up to 10 hours per week swimming, with remaining activities aimed at preparing for a talent show or “Swim Olympics.” The organization argues these related performances and competitions fall within the bounds of the relevant state code exemption and should not be counted against it.

The appeal states, “There is no law to support the VDOE’s position as to why out-of-water activities leading to a talent show or Swim Olympics do not fall within Virginia Code § 22.1-289.030(A)(2)’s exclusion of related competitions, performances, and exhibitions.”

State Compliance Plan and Continued Dispute

On July 29, SwimRVA submitted a compliance plan to address the VDOE’s requirements for operating as a child day center under a licensing exemption. The department subsequently approved SwimRVA to operate under an exemption as of August 4. Despite the approval, SwimRVA is seeking a judicial ruling that it was always exempt from licensure and is requesting that the department cover its legal costs.

SwimRVA maintains that the VDOE’s public decision caused serious reputational and operational harm, as detailed in the appeal, which states the ruling “seriously damages SwimRVA’s reputation in the greater Richmond community and SwimRVA’s ability to continue to operate its swim camps.”

Related Legal Actions and Broader Impacts

Although the appeal does not address King Overton specifically, his death remains the backdrop for the state’s investigation. Overton’s family has since filed a wrongful death lawsuit against SwimRVA for more than $100 million, alleging negligence by the facility and staff, including claims that King was left in an unstructured “free swim” period despite not knowing how to swim and insufficient lifeguard supervision.

The ongoing legal and regulatory proceedings continue to highlight questions about swim camp safety, staff training standards, state code compliance, and the licensing of child day programs across Virginia.

Source: wric.com.