GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1991
CHAPTER 1024
AN ACT TO CLARIFY THE EXCLUSION OF NONPUBLIC SCHOOLS FROM THE DAY CARE LAW.
The General Assembly of North Carolina enacts:
Section 1. G.S. 110-86(3) reads as rewritten:
"(3) Child day care
facility. - Includes any child day care center or child care arrangement which
provides day care for more than five children, not including the operator's own
school-aged children, under the age of 13 years, on a regular basis of at least
once per week for more than four hours but less than 24 hours per day,
regardless of the time of day and regardless of whether the same or different
children attend. The following are not included: public schools;
nonpublic schools whether or not accredited by the State Department of
Public Instruction, which regularly and exclusively provide a course of grade
school instruction to children who are of public school age; described
in Part 2 of Article 39 of Chapter 115C of the General Statutes and accredited
by the Southern Association of Colleges and Schools, which regularly provide a
course of grade school instruction and which do not provide child day care as
defined in subdivision (2) of this section or operate a child day care facility
as defined herein for children under five years of age for more than six and
one-half hours per day either on or off the school site; summer camps
having children in full-time residence; Bible schools conducted during vacation
periods; facilities licensed under Article 2 of Chapter 122C of the General
Statutes; and cooperative arrangements among parents to provide care for their
own children as a convenience rather than for employment.
Child day care facilities are separated by capacity into the following categories which determine applicable requirements and standards as established by the Commission pursuant to G.S. 110-88:
Facility Type
Large Home
Small Center
Medium Center
Large Center
The Commission shall establish the maximum capacity for each of the four categories of facilities."
Sec. 2. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 24th day of July, 1992.
James C. Gardner
President of the Senate
Daniel Blue, Jr.
Speaker of the House of Representatives