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If a private school has a daycare area, is the day care area excluded from the Asbestos Hazard Emergency Response Act (AHERA) rule and/or the whole educational facility?

If the private school is non-profit, then all parts of the facility that would be considered a school building under 40 CFR part 763.83 would be covered. Conversely, if the private school is a for-profit institution, neither the school nor the daycare center would be subject to the regulation.