RICHMOND, Va. —The Virginia Department of Education has now verified SwimRVA is meeting the requirements to continue summer camp operations without a state license — weeks after a 9-year-old drowned at one of its camps.
King Overton drowned during a summer camp at SwimRVA's North Location in Henrico on June 15. Following his death, the VDOE determined SwimRVA was operating an unlicensed child day program and said its summer camps did not qualify for the licensing exemption the nonprofit 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, finding the nonprofit offered a range of activities unrelated to 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.
SwimRVA then made changes to its camps to try to qualify for an exemption. The nonprofit submitted a plan of compliance detailing changes it would make immediately to bring its summer camps into compliance with state rules. The plan outlines daily activities 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.
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Since those changes, the state determined the summer camps are exempt from state licensure.
Attorneys representing King Overton's family, Mark Krudys and Ben Crump, had sent a letter to the VDOE asking the department to reject SwimRVA's single focus claim and require the nonprofit to obtain a license before operating a summer camp.
While the state has now verified that SwimRVA's summer camps are exempt from state licensure, the VDOE confirmed to CBS 6 that it has no record of SwimRVA ever submitting a statement of exemption to the department — a step state code requires some programs to submit if they want to operate without a license.
"Programs are responsible for complying with the Code of Virginia, including applying for licensure or submitting a statement of exemption," VDOE said.
CBS 6 has asked the VDOE if Swim RVA should have applied for an exemption prior to the changes they recently made to their swim camps, and we are waiting for a response.
SwimRVA shared the following statement with CBS 6:
SwimRVA is grateful to the Virginia Department of Education – Office of Child Care Health and Safety for their consideration and collaboration while reviewing our compliance submission showing our summer camp program is operating properly under an exemption. We appreciate their finding on August 4, 2026, that we have shown valid proof that we are operating and can continue to operate under this exemption. This allows SwimRVA to continue offering swimming camps that are vital to the greater Richmond community and support our mission to make water safety and aquatic fitness accessible for all.
CBS 6 is committed to sharing community voices on this important topic. Email your thoughts to the CBS 6 Newsroom.
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