[a_springfield]

What would the legality be if I was picking up my 3 month old son from a daycare that is part of a private school? As far as I know the daycare and school are both the same company. As my three month old can not walk I must enter the building, but I am not picking up a "student" from the school.

This one would make deals head explode from the children.

 

[Phil1979]

You'd probably get ten different answers from ten different judges or prosecutors. Probably ten out of ten juries would convict you of something if it goes to trial.

Is "student" well defined in the law? Does not your child having learning experiences there? I'd say so, but I'm not a lawyer.

Best advice I can give is something you can probably guess at. ;-)

What would the legality be if I was picking up my 3 month old son from a daycare that is part of a private school? As far as I know the daycare and school are both the same company. As my three month old can not walk I must enter the building, but I am not picking up a "student" from the school.

This one would make deals head explode from the children.

 

[gunsmoker]

The law is less than 100% clear, but I think you have a really good argument that your baby is a "student" at the school, even if it's at a press-school level of child care. The key factor in your favor, to me, is that the school itself is offering these child care services. If it were a separate business entity, with a different name, just on the same parcel of real estate, that would go against you.

A very common situation where this comes up is a big church that had an accredited private school, but ALSO has Sunday school and child care for the worshippers who attend church services.
Those adults will be picking up and dropping off kids for religious education, on the property of s school, but without the kids being enrolled students of the K-12 private school.

 

[Malum Prohibitum]

See subsections (a)(3)(A) and (f) of the statute. Your answers are there.