Sec. 13a.17.01.01. Scope

A. Applicability of Subtitle. Except as specified under §B of this regulation, this subtitle governs:

(1) Nonparental care of children for part of a 24-hour day in nursery schools operated by tax-exempt religious organizations; and

(2) Child care programs operated by tax-exempt religious organizations in school buildings used exclusively for children who are enrolled in those schools, by whatever name known.

B. Exemptions. This subtitle does not apply to:

(1) A nonpublic kindergarten for children 5 years old or older during the hours in which an instructional program is offered;

(2) A nonpublic elementary school during the hours in which an instructional program is offered;

(3) A program that operates for 6 weeks or less in any calendar year;

(4) The physical plant, including sanitary facilities, of a child care facility used exclusively for school age children, located in a currently operating nonpublic school building, if the application of a regulation would require modification of the physical plant; and

(5) The instructional program, curriculum, and teacher, principal, and administrator qualifications of a:

(a) Nursery school operated by a tax-exempt religious organization which does not have a certificate of approval from the State Board of Education; or

(b) Child care program operated by a tax-exempt religious organization in a school building used exclusively for children who are enrolled in that school.