(b) Care under this title may be provided only in group facilities, family homes, group family day care homes or in a day care center project as defined in title five-a which are operated in compliance with applicable regulations of the department. A group facility shall include a public school which provides day care pursuant to this subdivision.

(c) Except as hereinafter provided, care under this title shall not include care, supervision, training or participation in kindergartens, nursery schools or other schools, classes or activities operated or conducted by public or private schools. However such care shall include day care provided by a school district pursuant to the provisions of this subdivision and subdivision thirty-three of section sixteen hundred four of the education law in accordance with a contract entered into between such school district and a social services district.

(d) The commissioner shall encourage social services districts and day care providers to offer flexible hours of day care. Each provider may provide a flexible schedule in accordance with the rules and regulations of the commissioner and an application for day care services shall not be denied solely by reason of the time of day or days that care will be required provided that an available day care provider can accommodate such hours or days of care in accordance with such regulations. 4. The provisions of this title shall not apply to child care assistance provided under title five-C of this article.