My child is in a pre-K program at a day care facility run by a school. Is that considered a child care facility under the New York City statute?

Yes and subject to the certain limitations. By the terms of that law, a day care facility means any service which during all or part of a day regularly gives care to seven or more children under 6 years of age. The law also states that the care not be for children all of common parentage. It also must operate more than five hours per week for more than a month a year. The law also provides that the term day care facility does not include kindergarten or higher in a facility owned by the board of education (DOE).