North Carolina Administrative Code
Title 10A - HEALTH AND HUMAN SERVICES
Chapter 09 - CHILD CARE RULES
Section .3100 - CARE FOR SCHOOL-AGE CHILDREN DURING STATE OF EMERGENCY
Section 09 .3102 - DEFINITIONS

Universal Citation: 10A NC Admin Code 09 .3102

Current through Register Vol. 39, No. 6, September 16, 2024

The terms and phrases used in this Section are defined as follows:

(1) "Public schools" means:

(a) any building that is approved for school occupancy and that houses school-age children as part of the public school system during the school year; or

(b) a remote learning facility.

(2) "Remote learning facility" means any building that is used by a public school system, pursuant to a contractual arrangement, to house school-age children enrolled in that public school system during the school year for the purpose of facilitating online or remote learning programs, and that follows any and all guidance or considerations offered by the Centers for Disease Control and Prevention related to mitigation strategies, the protection of students, teachers, and staff, or slowing the spread of COVID-19 in K-12 schools. The guidance and considerations are hereby incorporated by reference, including subsequent amendments and editions, and may be accessed at https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/schools.html at no cost.

(3) "Contractual arrangement" means a written agreement wherein the public school unit, as defined in G.S. 115C-5(7a), agrees as follows:

(a) to be responsible for the enrollment and attendance of school-age children at a remote learning facility; and

(b) that it shall be liable for any incidents or occurrences at the remote learning facility in the same way it would be liable if the school-age child(ren) were in a building that is approved for school occupancy and that houses any part of the public school system. This provision shall not prohibit the public school unit from obtaining liability insurance or from contracting with the remote learning facility regarding indemnification or other terms regarding the apportionment of liability between themselves for incidents or occurrences.

Authority G.S. 110-85; 110-86; 110-88; 110-91;
Emergency Adoption Eff. August 13, 2020;
Temporary Adoption Eff. October 23, 2020;
Eff. October 1, 2021.

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