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 N.C. Gen. Stat. § 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 N.C. Gen. Stat. § 110-86 ?(2020-97, s. 3.7A(a).)

Terms Used In North Carolina General Statutes 110-98.5

  • Child care: A program or arrangement where three or more children less than 13 years old, who do not reside where the care is provided, receive care on a regular basis of at least once per week for more than four hours but less than 24 hours per day from persons other than their guardians or full-time custodians, or from persons not related to them by birth, marriage, or adoption. See North Carolina General Statutes 110-86
  • Department: Department of Health and Human Services. See North Carolina General Statutes 110-86
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
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