§ 110-98.5. Care for school-age children during state of emergency.
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§ 110-98.5. Care for school-age children during state of emergency.
Notwithstanding any provision of law or rule to the contrary, when remote or virtual learning is required due to a declared state of emergency issued under G.S. 166A-19.20, the following shall apply:
(1)A community-based organization is authorized to provide care for school-age children at a remote learning facility, provided the community-based organization is registered with the Department through a process consistent with the registration process the Department uses for licensed child care facilities. For purposes of this subdivision, the following definitions shall apply:
a. Community-based organizations. - Organizations of demonstrated effectiveness that are representative of a community or significant segments of a community that provide educational or related services to individuals in the community, such as parks and recreation programs, YMCAs, YWCAs, and Boys and Girls Clubs.
b. Remote learning facility. - A building or space used to house school-age children during the school year for the purpose of facilitating online or remote learning.
(2)When providing care to school-age children pursuant to this section, the limitations regarding the maximum amount of screen time for children three years of age and older shall not apply.
(3)Care provided to school-age children pursuant to this section is not considered child care as defined under G.S. 110-86. However, if a program was licensed prior to the state of emergency, it shall be deemed licensed during the state of emergency whether it expands its capacity to provide services to more children so long as it adheres to the staff-child ratios for licensure. (2020-97, s. 3.7A(a); 2025-36, s. 14.2.)