RICHMOND, Va. — A newly released letter from the Virginia Department of Education details why state officials concluded SwimRVA was operating an unlicensed child day program the day 9-year-old King Overton drowned during a summer camp session at the organization's North location in June.
The July 20 letter, obtained by CBS 6 through a public records request, was sent by Jeffrey S. Williams, the Virginia Department of Education's Assistant Superintendent of Child Care Health and Safety, to SwimRVA Executive Director Adam Kennedy.
Williams wrote that investigators determined SwimRVA's summer camps did not qualify for multiple licensing exemptions the organization claimed applied to its operations.
"SwimRVA is not licensed to operate a child day program in Virginia," Williams wrote.
The letter followed interviews conducted June 29 and reviews of documentation submitted by SwimRVA on June 25 and July 7.
As CBS 6 previously reported July 22, a VDOE spokesperson said the agency determined SwimRVA had been operating an unlicensed child day program that did not meet exemptions outlined in Virginia law. The agency ordered SwimRVA to submit a compliance plan by July 27 and either come into full compliance or cease operations by Aug. 14.
Under Virginia law, a "child day program" is a regularly operating arrangement in which an organization assumes responsibility for supervising children younger than 13 while parents or guardians are absent.
In the letter, Williams outlined why the department rejected three exemptions SwimRVA argued applied to its camps.
Single-focus exemption
One exemption applies to "single focus" instructional programs, including sports clinics, where children younger than 6 do not attend and no child attends more than 25 days during a three-month period.
Williams wrote SwimRVA's camps did not qualify because they offered a variety of activities beyond swimming.
"SwimRVA 'Swim Camp' is not a 'single focus' instructional program," the letter states.
According to the department, SwimRVA offered 9 hours of daily programming that included activities such as kickball, human bowling and relay races.
Investigators found only about 1 1/2 hours each day were dedicated to swim lessons, although the website listed 2 hours.
"This program would satisfy the single-focus exemption if the camp operating hours were equally restrictive to swim lessons and/or pool time," Williams wrote. "However, due to the other non-swimming activities provided during the day, the single focus exemption does not apply."
The letter also said SwimRVA had not implemented a policy to ensure children did not attend more than 25 days within a three-month period, though the organization later claimed it corrected the issue.
Weekly attendance hours exemption
The department also rejected an exemption for instructional or recreational activities that limit weekly attendance hours.
Williams wrote SwimRVA allowed children ages 6 and older to attend camp for more than 12 hours weekly during the summer.
Out-of-school-time programs exemption
The third rejected exemption involved out-of-school-time programs affiliated with national organizations that meet certain safety, training and background check requirements.
Williams wrote SwimRVA failed to adopt staff training standards consistent with Virginia Board of Education regulations.
Investigators found SwimRVA affiliated with the American Red Cross and the Pool and Hot Tub Alliance, but determined neither organization's requirements matched state standards for licensed child day centers.
The letter also detailed deficiencies in SwimRVA's employee background check procedures.
Although SwimRVA used a private company to conduct criminal and sex offender searches, Williams wrote the organization did not require sworn disclosure statements, did not obtain central registry search results and did not complete checks through the Virginia Department of Social Services, Virginia State Police and FBI as required under state law.
"SwimRVA does not meet the background check requirement of this exemption," the letter states.
Multiple locations, one entity
The department additionally found SwimRVA's North, CSAC and Meadowbrook camp locations operated under the same entity, Greater Richmond Aquatics Partnership, meaning all campuses would be subject to licensing requirements.
The letter warned SwimRVA to "immediately come into compliance with the requirements for licensure or exemption."
If the camps fail to come into compliance, the letter states they "must close on or before August 14, 2026." It also warns that if concerns are not mitigated, the camps "must close on or before July 31, 2026."
SwimRVA response
In a statement previously provided to CBS 6, Kennedy said SwimRVA disagreed with the state's finding that its camps did not meet the definition of a single-focus program, but planned to submit a compliance plan requested by VDOE.
"While we disagree with the finding that our summer program has not historically met the definition of a single focus camp, we will submit a plan which reflects sufficient time dedicated to swimming and related swimming activities outside the pool," Kennedy said.
Henrico Commonwealth's Attorney Shannon Taylor previously told CBS 6 her office was aware of the VDOE findings and would allow the administrative process to continue while the death investigation remains ongoing.
This is a developing story. Email the CBS 6 Newsroom if you have additional information to share.
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