Complicated question. Any program that takes three or more children for three or more hours must have a Day Care license issued by the NY State Office of Children and Family Services which is part of the Dept. of Social Services. Programs run as part of an elementary school are exempt. Other than that, programs are unregulated. Nursery schools may choose to register with State Ed. but most don’t. However… School Districts which receive State Universal Pre- kindergarten money must use 10% of it with community agencies. Most contract out for slots in existing programs. If the program you are concerned about has UPK money from the school district they must meet some very minimal requirements and the district has to provide a little bit of oversight. Other than that, preschools which don’t have classes longer than 2 hours and 59 minutes are unregulated.

The Office of Children and Family Services, Bureau of Early Childhood Services.

http://www.ocfs.state.ny.us/main/becs/daycare_regs.asp