I wouldn't risk it either...what if someone reports you for it? And what about PD days and school breaks? Would they not need full day care for the 9 year old on those days? I would tell them you can't take the 9 year old, but can take the younger one. I am sure they will appreciate the fact that you follow the rules. I do understand the dilemma though...the rules are kind of silly when it comes to these things!