SwimRVA overhauls summer camp activities to pursue exemption from state licensing requirements

HENRICO COUNTY, Va. — Lawyers for the family of King Overton toured the SwimRVA North facility in Henrico on Thursday with their experts, weeks after the 9-year-old drowned during a summer camp at the facility on June 15.

"King was in a place that was supposed to protect him and watch him," King's aunt, Cherry Stone, said.

Following Overton's death, questions arose about whether SwimRVA's summer camps were licensed and therefore required to meet state staffing, training, and ratio requirements. A parent of another child who attended the camp also raised safety concerns.

"I'd like to know how many kids were in the pool at the time this happened, how many lifeguards were at the pool when this happened, how long had those lifeguards been in their positions and what were the ages of those lifeguards?" the parent said.

The Virginia Department of Education later determined SwimRVA was operating an unlicensed child day program. Investigators said the summer camps did not qualify for the licensing exemptions SwimRVA claimed applied.

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The agency ordered SwimRVA to submit a compliance plan by July 27 and either come into full compliance, qualify for an exemption, or cease operations by Aug. 14.

SwimRVA had believed its summer program met the definition of a "single focus" camp centered on swimming, which would exempt it from licensure. The VDOE disagreed.

The state found SwimRVA offered a range of activities at the swim camps that had nothing to do with swimming — including out-of-water kickball and human bowling. Of the nine hours per day of activities, the state's investigation showed only 1.5 hours were dedicated to swimming lessons.

The nonprofit later submitted a plan of compliance detailing changes it would make immediately to bring its summer camps into compliance with state rules. The plan was due Monday, but the plan obtained through a public records request was submitted two days later on Wednesday.

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The plan outlines daily activities for the camp, including afternoon swim, Olympic Theater — featuring Olympic swimming clips — swim crafts, and 1.5 hours a day of dry-land training to reinforce swimming techniques.

In a letter to VDOE, SwimRVA Executive Director Adam Kenendy said the organization would answer any questions through him or its legal counsel and welcomed a state inspection.

VDOE said it had reviewed the compliance plan and will monitor SwimRVA's efforts to come into full compliance.