GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1991

CHAPTER 1024
SENATE BILL 1265

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 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