Chapter 44. Schools and Camps.
Article I. School Facilities Utilization Act.
Montgomery County, Md., Code § 44-1 (2026)
Sec. 44-1. Purpose.LinkCopy Citation
It is the purpose of this article to achieve and maintain the following:
(a)
Without interference with educational programs and activities or unless precluded by lease conditions between the board of education and private tenants under joint occupancy or similar arrangements, maximum utilization of gyms, playing fields, classrooms and other facilities of the Montgomery County public schools by public and nonpublic agencies, community groups and citizens generally throughout the county, toward the end that these public facilities serve the public on a year-round basis;
(b)
Availability to actual and potential users of comprehensive and current information as to community activities and programs being conducted in school facilities and the conditions under which such facilities may be made available;
(c)
Allocation and scheduling of facility space among users on an equitable basis;
(d)
Improvement of coordination among common services utilizing school facilities;
(e)
Identification of new and expanded facility use possibilities;
(f)
Establishment of regulations for use, including fee schedules, replacement or repayment for damage to facilities and equipment and other necessary conditions for use; and
(g)
Full consideration of community use factors in planning the construction or renovation of school facilities.
(h)
It is the further purpose of this article to provide for maximum flexibility to communities and individual schools in the development of program activities in response to particular community needs.
Montgomery County, Md., Code § 44-2 (2026)
Sec. 44-2. Definitions.LinkCopy Citation
For the purposes of this Article, the following words and phrases have the meanings indicated:
Board. The Interagency Coordinating Board established by Section 44-3.
Committee. The advisory committee established by Section 44-5.
Director. The Director of Community Use of Public Facilities.
Schools. Buildings and grounds, playing fields, gymnasia and associated educational facilities and equipment under the ownership and operating control of the Montgomery County board of education, including but not limited to those schools currently or in the future designated as "community schools."
Superintendent. The superintendent of Montgomery County public schools.
Community school council. An existing body created to provide information and advice on community needs, program development, facility use and related matters at designated "community schools" or a body as may be created in the future to perform similar functions regarding other schools or groups of schools.
Montgomery County, Md., Code § 44-3 (2026)
Sec. 44-3. Interagency Coordinating Board.LinkCopy Citation
(a)
Establishment and responsibilities. Except as provided in Section 44-4A, the Interagency Coordinating Board for Community Use of Public Facilities must review and coordinate the activities conducted under this Article. The Board must:
(1)
review budget requests of the Director and make recommendations about the requests to the Chief Administrative Officer, County Executive and County Council;
(2)
recommend fee schedules that the Council may adopt by resolution after receiving the recommendations of the Executive;
(3)
review and propose modifications in major contracts and grants negotiated between the County and Montgomery County Public Schools under this Article;
(4)
provide periodic evaluations, advice, and recommendations, and an annual report by March 1 of each year, to the Director, the Board of Education, the Executive, and the Council about implementation of this Article;
(5)
adopt regulations necessary to implement this Article; and
(6)
recommend how to resolve any interagency differences and problems in implementing this Article to the Executive, the Board of Education, the Maryland National Capital Park and Planning Commission, Montgomery College, or the Council, as appropriate, including recommendations to promote coordination between programs and activities conducted under this Article and related services and activities financed by the County government.
(b)
Membership. The Board consists of voting members and nonvoting, ex officio members.
(1)
The voting members are:
(A)
the Chief Administrative Officer;
(B)
the Superintendent of Schools;
(C)
the President of Montgomery College;
(D)
a member of the Maryland-National Capital Park and Planning Commission designated by the Montgomery County members of the Commission;
(E)
a Councilmember, the Executive Director of the Office of the County Council, or a senior staff member of the County Council, who represents the Council;
(F)
one resident appointed by the Superintendent and confirmed by the Board of Education; and
(G)
three residents appointed by the Executive and confirmed by the Council.
The Advisory Committee may recommend individuals to the Executive and the Superintendent for appointment as resident members of the Board.
(2)
The nonvoting, ex officio members of the board are:
(A)
a member of the Board of Education designated by the Board of Education;
(B)
a person designated by the Montgomery County Association of Administrators and Principals to represent secondary school administrators and confirmed by the Council;
(C)
a person designated by the Montgomery County Association of Administrators and Principals to represent elementary school administrators and confirmed by the Council.
(3)
The Chief Administrative Officer, the Superintendent of Schools, the President of Montgomery College, and the Montgomery County member of the Maryland- National Capital Park and Planning Commission may each designate a senior staff member to serve in their absence as an alternate member of the Board.
(c)
Officers. The Board must elect a Chair and Vice Chair to serve for a one-year term, and may reelect either or both officers.
(d)
Terms. Members of the Board appointed under subsections (b)(1)(F) and (G) and (2)(B) and (C) must serve staggered four-year terms beginning on July 1 of the year when the term of the member's predecessor is scheduled to expire. A member continues to serve until the member's successor is appointed.
(e)
Compensation. Members of the Board serve without compensation.
(f)
Meetings. The Board must meet at least once every three months. The Board may be convened at any time, with appropriate advance notice, at the call of the chair or upon the request of the Chief Administrative Officer or the Superintendent.
(g)
Attendance. Section 2-148(c) applies only to resident members of the Board.
Montgomery County, Md., Code § 44-4 (2026)
Sec. 44-4. Director of Community Use of Public Facilities.LinkCopy Citation
Except as provided in Section 44-4A, the Director must:
(a)
Administer the programs and activities necessary to carry out the purposes of this article;
(b)
Administer appropriated funds and explore the possibility of obtaining additional funds from non-county sources;
(c)
Provide information and guidance to community groups, municipal governments, county agencies and other users of school facilities as to ways in which such facility use could be made more cost effective;
(d)
In consultation with the board and with the approval of the chief administrative officer, employ and train community school coordinators and other necessary personnel;
(e)
Directly with individual schools or through community school coordinators (or other intermediate personnel), maintain effective liaison and consultation with school principals, community school councils and other community organizations and user groups in order to fulfill the following responsibilities, among others:
(1)
Encourage and assist in the formation of community school councils;
(2)
Schedule use of school facilities;
(3)
Under arrangements with school principals, assure general and proper supervision of non-school use of buildings and other facilities, including the engagement of appropriate on-site personnel;
(4)
Generally coordinate logistical, financial and related aspects of the after-school, evening, weekend and vacation period and other non-school use of school facilities, as may be provided in contractual or other arrangements between the county government and the board of education;
(5)
Survey community needs and develop outreach and other programs to meet those needs through optimal use of school facilities; and
(6)
Assume responsibility for needed repair or replacement of property resulting from community use;
(f)
Effect cooperation among activities under this article, community programs and activities carried on in former schools subsequently taken over by the county government and multipurpose community centers operated by the county government;
(g)
Serve as executive secretary to the board; and
(h)
Perform such other related duties as may be required.
Montgomery County, Md., Code § 44-4A (2026)
Sec. 44-4A. Reserved.LinkCopy Citation
Montgomery County, Md., Code § 44-5 (2026)
Sec. 44-5. Advisory committee.LinkCopy Citation
(a)
There is hereby established an advisory committee to advise the board and director as to programs and activities conducted pursuant to this article; the committee shall bring to the board and director a broad spectrum of ideas and recommendations as to community use of school facilities. The committee shall submit recommendations to the board on the following subjects: ways by which school facility use may be increased by public agencies and community groups; ways in which information and other outreach efforts may be approved; ways in which facility utilization may be made more cost effective; and, ways by which procedural changes may result in a more effective operation.
(b)
Members of the committee shall be appointed by the board or designated by organizations under arrangements specified by the board and shall be representative of various county and community groups with interests in school facility use. Committee members shall serve without compensation. The director shall provide necessary staff support for the committee.
Montgomery County, Md., Code § 44-5A (2026)
Sec. 44-5A. Enterprise fund established; accounts.LinkCopy Citation
(a)
An enterprise fund is established. The Director of Finance administers the fund. The Director of Finance must deposit to the enterprise fund:
(1)
all funds paid to the County, either directly or through the Montgomery County public school system, from user fees and other payments for non-school use of school facilities;
(2)
funds from grants, contracts, or other arrangements with federal or state governments or from other public or private sources in connection with the non-school use of school facilities;
(3)
all funds paid to the County from user fees and other payments for community use of other public facilities; and
(4)
any funds appropriated by the County Council to the enterprise fund.
(b)
The Director of Finance must pay from the enterprise fund amounts necessary to:
(1)
reimburse the Montgomery County public schools for costs incurred or services rendered in making school facilities available for community or other non-school use;
(2)
reimburse a government agency for costs incurred or services rendered in making other public facilities available for community use;
(3)
pay the expenses of meetings and other activities of the Board; salaries and other expenses for the Director, coordinators, and other personnel necessary to implement this Chapter; and
(4)
pay any other expenses necessary to carry out the activities authorized or required by this Chapter.
(c)
(1)
The Director of Finance and the Director of Management and Budget must establish a system of fund accounts and other accounts that reflect all identifiable direct costs necessary to make school facilities available for non-school use and other public facilities available to community use. For school facilities, the Directors must establish the accounting system in cooperation with the Superintendent, using criteria approved by the Board. This subsection does not apply to a joint tenancy arrangement maintained by the Board of Education.
(2)
The accounts established under paragraph (1) must provide the financial basis to:
(A)
calculate and establish fee schedules;
(B)
estimate any subsidy the County will provide for a particular type of community use; and
(C)
prepare budget requests for the appropriation of County funds to implement this Article.
Article II. Public Schools.
Montgomery County, Md., Code § 44-6 (2026)
Sec. 44-6. Annual expense allowance for members of board of education.LinkCopy Citation
The members of the board of education of the county shall each receive annually the sum of three hundred dollars ($300.00) for traveling and other expenses incident to attending the meetings and transacting the business of the board within the county, the sums to be put in the school budget and to be levied by the council.
Montgomery County, Md., Code § 44-7 (2026)
Sec. 44-7. Denominational and parochial school students entitled to transportation.LinkCopy Citation
All children who attended any denominational or parochial nonprofit schools in the county which schools do not receive state aid and who reside on, along or near to the public highways of the county, on which there is now or hereafter operated a public school bus or conveyance provided by the board of education of such county for transporting children to and from the public schools of the county, shall be entitled to transportation on the buses or conveyances, and the same shall be provided for them by the board of education of the county, subject to the conditions hereinafter set forth, from a point on the public highways nearest or most accessible to their respective homes to a point on such public highways nearest or most accessible to their respective schools, without changing the routes of such buses or conveyances now or hereafter established by the board of education of the county for transporting children to and from the public schools, and such transportation shall be provided by the board of education, as aforesaid, for all the children attending schools described herein, upon the same terms and conditions as now or as may be hereafter established by the board of education of the county for children attending public schools.
Montgomery County, Md., Code § 44-8 (2026)
Sec. 44-8. Cost of transportation of students; levy and appropriation; charge to students.LinkCopy Citation
The council is hereby authorized to levy and appropriate annually sufficient funds to defray any costs incurred by it in carrying into effect the provisions of section 44-7 and for the establishment of new bus routes, if in their discretion the board of education of the county and the council deem it desirable to establish new routes and to purchase additional buses, for the transportation to and from school of children attending schools not receiving state aid. The transportation of children to and from schools not receiving state aid shall be upon such reasonable terms and conditions as the board of education may from time to time determine but in no event shall the amount charged children attending such schools for using such buses or conveyances be greater or less than the amount charged children attending the public schools for the same kind of transportation.
Montgomery County, Md., Code § 44-9 (2026)
Sec. 44-9. Acceptance of donations for school purposes; requirements and procedure; power of council to forbid.LinkCopy Citation
The county board of education is hereby, in its discretion, authorized and empowered to accept donations of land and improvements thereon in the county, suitable for public school uses subject to mortgage indebtedness or indebtedness thereon not exceeding two-thirds of the value of each such donation, and to assume the payment of such indebtedness, to make extensions thereof and to pay the interest thereon as the same shall become due and payable out of any funds derived by such board from time to time from the county; provided, however, that a good and sufficient title shall be given in the corporate name of the county board of education for such land, subject only to such mortgage indebtedness; and provided further, that in case of the erection of a new building or of any addition to any such building under agreement with such board to accept a donation, as provided for in this chapter, the plans and specifications of such new building or addition to any building, so proposed to be donated, and any and all modifications thereof shall be submitted to and approved by the board; and further provided, that the interest on such indebtedness so assumed shall not exceed in any case a fair rental for the property donated; that before accepting any such donation the board shall advise the council of its purpose so to do and in writing, and the council shall have the right to consider the same ten (10) days and to forbid such acceptance if it shall be of the opinion that such indebtedness exceeds two-thirds of the value of the property donated or the interest thereon exceeds a fair rental for the property donated.
Montgomery County, Md., Code § 44-10 (2026)
Sec. 44-10. Biennial survey of school construction needs required.LinkCopy Citation
On or before January 1, 1939, and in every second year thereafter, the county board of education shall prepare a comprehensive survey and report on the needs of the county with respect to the construction, maintenance, repair and equipping of schools during the succeeding four-year period, with full estimates of their cost and the recommendations of such board with respect thereto. A copy of such report shall be submitted to the council, and to the senator and each delegate to the general assembly from the county for their use and information.
Montgomery County, Md., Code § 44-11 (2026)
Sec. 44-11. Teachers' salaries to be paid monthly; report.LinkCopy Citation
The county board of education is hereby required hereafter to pay the salaries of the teachers of public schools in the county monthly; and that such teachers be and they are hereby required to make their reports to the board monthly instead of quarterly.
Montgomery County, Md., Code § 44-12 (2026)
Sec. 44-12. Annual levy; sums for various purposes to be specified.LinkCopy Citation
In making its annual levy for public school purposes, it shall be the duty of the council to separately specify the sum to be used for the maintenance of the public schools other than the high school branch thereof, the maintenance of the high school department of schools containing such department and the sum to be used for new buildings and equipment of the public schools of the county; provided, that the council may levy a contingent fund which may be applied to maintenance, high schools, new buildings or equipment in the discretion of the county board of education; and, provided further, that it shall be mandatory on the council to levy for each school year a sum which, together with the estimated state apportionment therefor, will be sufficient to lawfully maintain the public schools of the county other than high schools for the period for which each class of such schools were conducted in the school year ending July 31, 1913.
Montgomery County, Md., Code § 44-13 (2026)
Sec. 44-13. Board of education not to incur deficits.LinkCopy Citation
The county board of education shall not expend for school purposes, or for any other purpose, a greater sum of money in any one (1) year than the aggregate amount of its receipts for such school year, including the amount annually levied for school purposes by the council and the amount annually received by such board from the treasurer of the state; and such county board of education shall not borrow any sum of money in any one (1) year in excess of its actual receipts and income for such school year. It shall not be lawful for the county board of education to contract or pay any debt in excess of the receipts of such board during any such school year.
Montgomery County, Md., Code § 44-14 (2026)
Sec. 44-14. Payment of debts incurred in violation of article prohibited.LinkCopy Citation
The county shall not assume or pay any debt or portion thereof contracted in violation of the provisions of this article; provided, however, that it shall not be unlawful for such board to borrow money sufficient to pay its teachers and other school employees at or about the first day of June in each year in anticipation of the installment of state appropriations in such school year thereafter due and payable.
Montgomery County, Md., Code § 44-15 (2026)
Sec. 44-15. Authority to borrow up to five thousand dollars.LinkCopy Citation
Should the necessary expenditures of the board of education exceed the bona fide estimate thereof to the extent of not exceeding five thousand dollars ($5,000.00), the two (2) preceding sections shall not be so construed as to prevent such board from anticipating its revenues from the next succeeding school year to the amount of such indebtedness of not exceeding five thousand dollars ($5,000.00) or prevent the council from taking into consideration any such possible or actual deficit to the extent of not exceeding five thousand dollars ($5,000.00) in making its levy for school purposes.
Montgomery County, Md., Code § 44-16 (2026)
Sec. 44-16. Penalty for violation of section 44-13.LinkCopy Citation
Upon conviction for the violation by any member or officer of the county board of education of section 44-13, he shall be punishable by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) and removed from office.
Article III. Private Schools and Recreational Camps.
Division 1. Licensing and Regulation of Private Schools Generally.
Montgomery County, Md., Code § 44-17 (2026)
Sec. 44-17. Definitions.LinkCopy Citation
For the purposes of this Division, the following words and phrases have the following meanings:
Director; Department: The term "Director" means the Director of the Department of Health and Human Services, and the term "Department" means the Department of Health and Human Services.
License: The term "license" refers to the permission extended by the County to a private educational institution to occupy and use specified buildings and premises for educational purposes upon compliance with this Article.
Private educational institution: The words "private educational institution" shall mean every private school or educational or training institution, however designated, which offers a program of college, professional, preparatory, high school, junior high school, elementary, kindergarten or nursery school instruction, or any combination thereof, or any other program of trade, technical or artistic training; but, such term does not include: (a) Any private educational institution which is under the supervisory jurisdiction of the County Board of Education; or (b) any place other than a two-family dwelling or multi-family dwelling where instruction is carried on by a single teacher or instructor and where not more than 5 students are under instruction at any one time.
Montgomery County, Md., Code § 44-18 (2026)
Sec. 44-18. Requirements as to licenses generally.LinkCopy Citation
(a)
Required. No building or premises shall be occupied or used in whole or in part as a private educational institution within the county after July 1, 1950, until an annual license shall have been granted for such occupancy and used by the director, nor shall any such building or premises be so occupied and used after such license has expired or has been revoked or suspended.
(b)
Application; information to be shown. Before an annual license for a private educational institution shall be issued by the director, an application for such license shall be made by the owner, his agent, or the managing director of such institution to the department setting forth the name and address of the private educational institution, the classification of such institution, the name of the director or headmaster of the institution and such other information as the department may require for the purposes of this division.
(c)
Compliance with zoning regulations required. No license shall be issued to any private educational institution the location of which violates the zoning ordinance. If any such private educational institution is required by the zoning ordinance to obtain a special exception from the appropriate board of zoning appeals, the director shall not issue a license to such institution until such special exception has been obtained.
(d)
Certificates required. No initial annual license for a private educational institution shall be issued under this article by the director unless the following certificates have been filed with the department not more than sixty (60) days prior to the issuance of such license:
(1)
A certificate from the department stating that the building to be occupied or used by such private educational institution is structurally safe for the purpose for which such building is intended to be used, and that such building is in compliance with the applicable building, electrical and plumbing codes.
(2)
A certificate from the fire marshal for the county stating that such buildings are in compliance with the fire prevention code of the county.
(3)
A certificate from the director stating that the building to be occupied or used by the private educational institution and the premises on which such building is located have adequate and sanitary toilet and sewerage facilities for the purpose for which such building and premises are proposed to be used, that the water and sewerage facilities in the kitchens, dormitories and bathrooms are sufficient, suitable and safe for the purposes for which they are to be used, and that the private educational institution is in compliance with the regulations of the county board of health and conforms to such other requirements as may be prescribed by the director of the department for the public health, safety, comfort, morals and welfare.
Montgomery County, Md., Code § 44-19 (2026)
Sec. 44-19. Renewal of licenses.LinkCopy Citation
Every private educational institution within the county shall, on or before May 1 of each year, make application to the department for renewal of the annual license required by this division.
Before an annual license for a private educational institution shall be renewed by the director under the authority of this division, the director shall have received, within sixty (60) days prior to renewing any such license, certificates similar to those prescribed in subsection (d) of section 44-18.
Montgomery County, Md., Code § 44-20 (2026)
Sec. 44-20. License void upon change of location, etc.LinkCopy Citation
Whenever a private educational institution changes its location the current license held by such institution under this chapter shall automatically become void. Such institution shall, before changing its location, make application for a new license to the department. Section 44-18 shall be complied with before such new license shall be issued by the director. There shall be no fee for such new license.
Montgomery County, Md., Code § 44-21 (2026)
Sec. 44-21. Transfer of license.LinkCopy Citation
No license issued under this division shall be transferable.
Montgomery County, Md., Code § 44-22 (2026)
Sec. 44-22. License fees.LinkCopy Citation
Annual fees for licenses issued under this division shall be of such an amount as the county executive, by regulation adopted under method (3) of section 2A-15 of this Code, may set from time to time. The fees shall not exceed the cost of inspection and issuing the permits for the various establishments regulated by this chapter. The permit fee so fixed shall be submitted with the application and is not refundable in whole or in part unless the application is withdrawn prior to an inspection of the premises by the director of the department or his/her authorized agent. If the application is withdrawn prior to the inspection, the entire permit fee shall be refunded.
Montgomery County, Md., Code § 44-23 (2026)
Sec. 44-23. Expiration of license.LinkCopy Citation
All annual licenses issued under this division shall expire on October 15 of the year for which they are issued except as provided in section 44-24. When a valid application for license renewal has been properly filed and the existing license has not been suspended, revoked or denied by the department, the existing license shall continue in effect for not more than one hundred eighty (180) days pending formal action by the department on the renewal request.
Montgomery County, Md., Code § 44-24 (2026)
Sec. 44-24. Procedure for issuance, etc., of license.LinkCopy Citation
(a)
Investigations and inspections. Upon receipt of an application for an annual license under this division or for renewal of an annual license, the director shall make or cause to be made all investigations and inspections required by this article. Upon conclusion of all such investigations and inspections, the director shall either issue or renew such license or deny the application therefor within sixty (60) days after the date of the filing of the application or as soon thereafter as practicable; provided, that where an application for renewal of an annual license has been filed on or before May 1 as provided for in section 44-19 and the director has neither approved nor disapproved such application by the following July 1, the current license shall remain in full force and effect until the director either approves or disapproves the application for renewal.
(b)
Notice of corrective measures to be taken before license issued; failure of applicant to comply. If, upon the completion of all investigations and inspections referred to in the preceding subsection, the director finds that a private educational institution for which a license under this division is requested is not in compliance with the requirements of this article, he shall within ten (10) days after making such a finding cause to be served on the director or headmaster of the institution concerned written notice of such fact and shall in such notice advise him of the necessary corrective measures to be taken before a license will be issued. The director may, in such notice, direct the applicant to appear before him in not less than ten (10) days from the date of service of such notice to show cause why the license should not be denied. If the applicant for such license shall fail to show cause as directed in such notice or shall fail to take the corrective steps specified therein, the director may refuse to issue or renew such license as the case may be.
(c)
Service of orders and notices. All orders and notices issued by the director under this division shall be served on the person to whom they are directed either by mail or by personal delivery to such person. If such person cannot be found in the county, service by personal delivery shall be made on the next immediate subordinate of such person who is at the time in charge of the private educational institution. If no such person can be located, service shall be made by publishing such notice at least once a week for two (2) successive weeks in a newspaper of general circulation published within the county.
(d)
Revocation and suspension of license; notice. The director may revoke or suspend any license issued under this division upon finding that any private educational institution is in violation of any provision of this division. Any such revocation or suspension shall be by written order directed to and served upon the director or headmaster of the private educational institution concerned in the manner prescribed in the preceding paragraphs. Any such notice of revocation or suspension shall require the holder of the license to appear and show cause why the license should not be revoked or suspended before the director in the manner provided in this division.
Montgomery County, Md., Code § 44-25 (2026)
Sec. 44-25. Right of appeal from denial, revocation or suspension of license.LinkCopy Citation
In the event that any person is aggrieved by a denial revocation or suspension of a license required by this division, such person may appeal from the action of the director to the county board of appeals within twenty (20) days after service of notice of such action. Upon receiving such request the county board of appeals shall, after due notice to all interested parties within thirty (30) days after the filing of such report, hold a hearing thereon and either affirm, rescind or modify such order within thirty (30) days after the hearing has been held; provided, that the county council may by resolution entered on its minutes extend either of such periods of time.
No private education institution for which a license or renewal of a license has been denied or whose license has been revoked or suspended by order of the department shall occupy or use for education or training purposes the building and premises to which the license applies after such order of denial has been affirmed on appeal to the county board of appeals or after the time to appeal has expired.
Montgomery County, Md., Code § 44-26 (2026)
Sec. 44-26. Responsible adult person to be in charge at all times.LinkCopy Citation
Every private educational institution shall, at all times when students are present upon the premises of such school, maintain a responsible adult person in charge of such students.
Montgomery County, Md., Code § 44-27 (2026)
Sec. 44-27. Students working in laboratories, etc., where dangerous or explosive materials used.LinkCopy Citation
No students under the age of eighteen (18) years shall at any time be allowed to work in any science laboratory or any other place in a private educational institution wherein open flames, inflammable materials or any other kind of dangerous or explosive material is used unless an adult person in charge shall be in attendance.
Montgomery County, Md., Code § 44-28 (2026)
Sec. 44-28. Right of entry of county officials.LinkCopy Citation
For the purpose of enforcing this division, the director, the county fire marshal, the director of the county police and such subordinate officials as may be expressly designated by the above-named county officials shall, upon exhibiting the proper credentials or proof of identity, have the right to enter any building, structure or premises of a private educational institution, except the living quarters of staff members of any private educational institution without the consent of the occupant, at any time during business or operating hours, and at such other times as may be necessary in an emergency that endangers health, life or property.
Montgomery County, Md., Code § 44-29 (2026)
Sec. 44-29. Administration and enforcement of division-Generally.LinkCopy Citation
The director is hereby authorized and directed to administer and enforce the provisions of this division.
Montgomery County, Md., Code § 44-30 (2026)
Sec. 44-30. Same-Department heads to provide assistance and services.LinkCopy Citation
All department heads in the county government are hereby authorized and directed to provide such assistance and services as may be required by the director for the purpose of enforcing this division.
Montgomery County, Md., Code § 44-31 (2026)
Sec. 44-31. Violations and penalty.LinkCopy Citation
Any person in charge of any private educational institution who violates any provision of this division shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code. Each day during which such violation shall continue shall be deemed a separate offense.
Division 2. Health Standards and Regulations.
Montgomery County, Md., Code § 44-32 (2026)
Sec. 44-32. Definitions.LinkCopy Citation
For the purposes of this Division the following words and phrases have the following meanings:
Director; Department: The term "Director" means the Director of the Department of Health and Human Services and the term "Department" means the Department of Health and Human Services.
Institution: Private educational institutions, as defined in this Section, and all recreational camps.
Plumbing fixtures: Receptacles which receive water, liquid or water-borne wastes and discharge them into a drainage system with which they are directly or indirectly connected.
Plumbing system: The water supply system, the fixtures and fixture traps, the soil, waste and vent pipes, the building (house) drain and building (house) sewer, the storm water drainage pipes with their devices, appurtenances and connections all within or adjacent to the building.
Pool: A water receptacle used for swimming or as a plunge or other bath, designed to accommodate more than one bather at a time.
Potable water: All water from a public or private water supply system or source which is accepted by the proper governing authority as suitable for human consumption.
Private educational institution: Every private school or educational or training institution, however designated, which offers a program of college, professional, preparatory, high school, junior high school, elementary, kindergarten or nursery school instruction, or any combination thereof, or any other program of trade, technical or artistic instruction; but, such terms shall not include: (a) Any private education institution which is under the supervisory jurisdiction of the County Board of Education; or (b) any type of instruction which is carried on by a single teacher, tutor or instructor having not more than 5 students under instruction at any one time.
Registered nurse: A person who has qualified for nursing service under the law of the State.
Sanitary sewer: Any water-borne system of sewage disposal.
Sewage: Any liquid waste containing animal or vegetable matter in suspension or solution or liquids from laboratories or industrial institutions containing minerals in solution.
Montgomery County, Md., Code § 44-33 (2026)
Sec. 44-33. Location generally; vermin control.LinkCopy Citation
Private educational institutions and camps shall be located on well-drained grounds and shall be kept free, insofar as practicable, from rats and other vermin, as well as from conditions which attract or harbor vermin.
Montgomery County, Md., Code § 44-34 (2026)
Sec. 44-34. Buildings, sleeping quarters, tents and equipment generally.LinkCopy Citation
(a)
Maintenance. All buildings, tents, vehicles and grounds of institutions regulated by this division shall be maintained in a clean and sanitary condition at all times.
(b)
Space in sleeping quarters; proximity of beds. Rooms used for sleeping at night shall contain not less than four hundred (400) cubic feet of space for each occupant. The director may waive this requirement where he finds that circumstances warrant such a waiver and that the health of no student will be jeopardized thereby. No bed shall be closer to any other bed than two and one-half feet.
(c)
Ventilation. Ventilation in sleeping quarters, kitchens, dining rooms and mess halls shall provide a sufficient movement of air at all times to assure the comfort of the occupants.
(d)
Screening against flies and mosquitoes. All outside doors, windows and other outer openings of sleeping quarters shall be screened against flies and mosquitoes between April 1 and October 15 of each year.
(e)
Distance of floors above ground. The floors of all buildings occupied or used for living or instruction shall be raised above the ground to such a height or shall be otherwise constructed so that they will remain dry.
(f)
Window space of rooms used for sleeping. Every room used for sleeping at night shall have window space equal to one-eighth of its floor area. The director may waive this requirement where, in his opinion, natural lighting warrants such a waiver and where the health of the occupants of the room will not be jeopardized thereby.
(g)
Construction of windows of sleeping rooms. Windows of sleeping rooms shall be so constructed that at least one-half of the window area of each window can be opened.
(h)
Water buckets used for fire extinguishers. Water buckets used for fire extinguishers shall be protected so as to prevent mosquito or other insect breeding therein.
(i)
Heating requirements. Every building used for living or instruction purposes shall be heated sufficiently to ensure the comfort and protect the health of all persons using such buildings. In such buildings a minimum average temperature of at least sixty-five (65) degrees Fahrenheit shall be maintained. The health officer may waive this requirement where, in his opinion, circumstances warrant such a waiver.
(j)
Locker spaces in rooms. Locker spaces shall be provided for all students who engage in athletic activities and who do not change their clothing in other than sleeping quarters. Locker rooms shall be under the supervision of a competent person who shall be responsible for the cleanliness, sanitation and ventilation of such spaces. The person in charge of the locker facilities shall insure that individual towels are used by individual persons.
Montgomery County, Md., Code § 44-35 (2026)
Sec. 44-35. Water supply.LinkCopy Citation
(a)
Annual inspection. The potable water supply in every institution shall be inspected annually for adequacy, safety and conformity with state and local health laws by the Department.
(b)
Precautions against contamination. When drinking water is carried into an institution from any outside source, a responsible person shall be designated by the Director of the institution to insure that precautions are taken to prevent contamination of the water in transit.
(c)
Use of common drinking cup. The use of a common drinking cup or container is hereby prohibited.
(d)
Drinking fountains. All drinking fountains must be approved by the Department of Permitting Services as being of a design and in such condition that they do not constitute a health hazard.
(e)
Wells and springs. Wells and springs must be located or protected so as to avoid any danger of contamination from buildings or other sources. Wells or springs must be encased in masonry or tile which must extend at least 18 inches above the surface of the ground, and must be provided with a watertight cover, or must be of such other construction as to render assurance against contamination. Removal of water from any source by dipping or drawing with a bucket or other device is prohibited. Before the selection of springs or the construction of wells for a potable water supply, a person must obtain approval from the Department of Permitting Services.
(f)
Connections between water sources. Connections between water sources which have been approved by the Department and sources which have not been so approved are hereby prohibited.
(g)
Use of lead pipe prohibited. The use of lead pipe for conducting water into any institution is hereby prohibited.
(h)
Availability of hot water. In all institutions equipped with running water under pressure, hot water shall be available in all cooking and dishwashing places at all times during which food is being prepared and dishes are being washed.
Montgomery County, Md., Code § 44-36 (2026)
Sec. 44-36. Bathing facilities and swimming pools.LinkCopy Citation
Swimming pools and regular bathing facilities shall comply with the swimming pool regulations of the state board of health and shall be inspected regularly by the department at least once each calendar year.
Montgomery County, Md., Code § 44-37 (2026)
Sec. 44-37. Toilet and sewage disposal facilities.LinkCopy Citation
(a)
Inspection and compliance with regulations. The toilet facilities and methods of sewage disposal in all institutions shall be inspected regularly by the department or other designated county agency for conformity with the excreta disposal laws of the state and the county and shall comply with all regulations issued under such laws.
(b)
Toilet facilities generally. There shall be provided in all buildings used for living or instruction which are accessible to a sanitary sewer convenient and adequate toilet facilities so located, constructed and maintained that they shall not be offensive to the users, shall not be accessible to flies or vermin, and shall not by leakage or seepage offer possible contamination of adjacent waters or otherwise create a nuisance.
(c)
Ratio of toilet facilities to students. The following ratio of toilets to students shall be deemed a standard for minimum adequacy:
Girls’ toilet units, elementary school | 1 to 35
Girls’ toilet units, secondary school | 1 to 45
Boys’ toilet units (when no urinals are provided) | 1 to 35
Boys’ toilet units when supplemented by at least one urinal to fifty boys | 1 to 100
Lavatories, elementary school | 1 to 60
Lavatories, secondary school | 1 to 100
Montgomery County, Md., Code § 44-38 (2026)
Sec. 44-38. Food and food handling.LinkCopy Citation
(a)
Standards generally. All institutions shall comply with grade A standards established by the county board of health in its regulations for eating and drinking establishments.
(b)
Screening against flies and mosquitoes. All doors, windows and other outer openings of kitchen, pantries and dining halls shall be screened against flies and mosquitoes between April 1 and October 15 of each year.
(c)
Quality of milk used. In all institutions only pasteurized milk and cream conforming to state and local milk regulations shall be used.
Montgomery County, Md., Code § 44-39 (2026)
Sec. 44-39. Garbage and waste disposal.LinkCopy Citation
(a)
Receptacle requirements generally. All garbage and waste matter from institutions regulated by this article shall be deposited in covered metal receptacles which shall be regularly emptied and cleaned at least twice a week between November 1 and April 1 of every year. Such receptacles shall be cleaned more frequently between April 1 and November 1 upon the written order of the director.
(b)
Disposition of garbage, etc. All garbage and waste matter shall be burned, buried or otherwise disposed of in such a manner as not to violate any of the provisions of this Code or constitute a health or sanitary nuisance.
(c)
Storage of garbage. Garbage shall be stored for collection in such a manner that it will not be accessible to rodents or other vermin.
(d)
Garbage can locations to be kept clean. Places where garbage cans are located shall be kept clean at all times.
(e)
Disposition of tin cans, etc. Emptied tin cans and food containers shall be disposed of in such a manner as to render them inaccessible to mosquitoes, other insects or vermin.
Montgomery County, Md., Code § 44-40 (2026)
Sec. 44-40. Medical and nursing care generally.LinkCopy Citation
(a)
Generally. Every institution shall prepare a plan for insuring adequate emergency and other medical service. Every overnight school and camp shall have a school medical adviser, who shall be a licensed physician and who shall, pursuant to a definite arrangement with the institution:
(1)
Regularly advise the institution concerning its general health program, emergency and other medical services, measures to control communicable diseases, health supervision of athletic participants and first-aid and nursing services;
(2)
Assume responsibility for the examination and medical supervision of any children unable to secure this service from private physicians;
(3)
Issue standing orders to the person responsible for first-aid service.
(b)
Program in handling emergencies. Every institution shall prepare a planned, written program for the handling of emergencies and, in connection therewith, shall keep available in a convenient location a list of the names, addresses and telephone numbers of the institution's medical adviser, or nearby physicians available in emergencies, of nearby ambulance and hospital services and of the family physician of the individual students.
(c)
Person trained in first-aid to be present. An adult person trained in first-aid shall be present in every institution at all times when students or children are present.
(d)
When provisions for first-aid attention required. Adequate provisions for first-aid attention shall be made in connection with all group trips away from the institution except for trips performed within an area where first-aid attention is readily obtainable.
(e)
Telephone required. There shall be a telephone in every educational institution and every recreational camp; provided, however, that where such camp is unable to obtain a telephone there shall be one (1) within five (5) minutes' travel distance from such camp.
(f)
Automobile facilities. At all times there shall be available to every school automobile facilities which can be obtained within fifteen (15) minutes after call.
Montgomery County, Md., Code § 44-41 (2026)
Sec. 44-41. Communicable diseases.LinkCopy Citation
(a)
Report required. All cases of communicable diseases initially detected in students during their presence in an institution must be immediately reported to the Health and Human Services Department by the person in charge of the institution. The report must include the name of any individual in the institution known to have or suspected of having any such disease and such other information as may be prescribed by the Director.
(b)
Plan of isolation. Every institution shall prepare a plan of isolation of students while on the premises of the institution which meets the approval of the County Health Officer.
(c)
Release of students suffering from or exposed to disease. No institution shall release a resident student suffering from a communicable disease or who has been exposed to such a disease within the incubation period of a communicable disease to a locality within the County without authorization of a licensed physician. No such student shall be released to a location outside the County without authorization of the County Health Officer. This subsection shall apply to chicken pox, diphtheria, measles and German measles, mumps, poliomyelitis, scarlet fever, whooping cough and such other diseases as the County Health Officer may designate.
(d)
Procedure in case of suspected food poisoning, etc. Whenever there occurs in any institution any outbreak of suspected food poisoning or whenever there is an unusual prevalence of any illness in which diarrhea, fever, sore throat, vomiting or jaundice is a prominent symptom, it is the duty of the person in charge of the institution to report immediately the existence of such an outbreak or disease prevalence to the Health and Human Services Department.
(e)
Examination, etc., of employees. No institution shall knowingly permit an employee suffering from a communicable disease or suspected communicable disease to be on duty until examined by a licensed physician and found to be free from infection transmissible to others.
Montgomery County, Md., Code § 44-42 (2026)
Sec. 44-42. Examinations and health records.LinkCopy Citation
A health record on a form prescribed by the county health officer shall be kept for each child or student in every institution.
Montgomery County, Md., Code § 44-43 (2026)
Sec. 44-43. Infirmaries.LinkCopy Citation
Overnight schools and camps shall maintain a clean, well-lighted and sanitary infirmary. The minimal standard for the number of beds in any such infirmary shall be determined by the county health officer, based on the number of resident students, the arrangements for transferring sick students to their homes and hospitals and other conditions affecting the care of the sick students. Such infirmaries shall be equipped with supplies prescribed by the county health officer as adequate to fulfill the needs of the particular institution.
Montgomery County, Md., Code § 44-44 (2026)
Sec. 44-44. Administration and enforcement of division.LinkCopy Citation
The director shall be responsible for the administration and enforcement of this division.
Montgomery County, Md., Code § 44-45 (2026)
Sec. 44-45. Violations and penalty.LinkCopy Citation
Any person who violates any provision of this division shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code. Each day of violation shall be deemed a separate offense.
Article Iv. Workforce Investment Scholarship Program.
Montgomery County, Md., Code § 44-46 (2026)
Sec. 44-46. Legislative findings.LinkCopy Citation
(a)
The economic development of the County requires a well-prepared, educated, trained, and adaptable workforce to meet the current and future needs of County businesses.
(b)
The County workforce needs the tools and resources to successfully compete in a complex global economy.
(c)
County workforce training should encourage students to prepare for those occupations that are most needed in the County.
(d)
County workforce training should provide equal opportunity for women to train for careers in science, technology, engineering, and mathematics and generally encourage gender equity in all careers.
(e)
Montgomery College and the Universities at Shady Grove provide high quality higher education training in the County.
(f)
A workforce investment scholarship program would promote economic development in the County.
Montgomery County, Md., Code § 44-47 (2026)
Sec. 44-47. Workforce Investment Scholarship Program.LinkCopy Citation
(a)
Definitions.
Board means the Workforce Investment Scholarship Board created in Section 44-48.
Director means the Director of the Department of Finance or the Director’s designee.
(b)
The Director must administer a workforce investment scholarship program that:
(1)
awards workforce investment scholarships to students in an undergraduate degree program which prepares students for:
(A)
one of the County’s 10 most needed occupations;
(B)
certification by the State Department of Education to teach mathematics or science in a Maryland public school;
(C)
a degree in engineering, mathematics, or a natural science; or
(D)
a degree in early childhood education or early childhood special education.
(2)
requires a student who receives a workforce investment scholarship to agree to work in the County as a mathematics or science teacher, as an engineer, or in one of the County’s 10 most needed occupations for at least the number of years the student receives the scholarship; and
(3)
requires the repayment of the scholarship by a student who does not complete a degree or who does not satisfy other conditions of the scholarship.
(c)
The Executive must adopt regulations under Method 2 implementing the scholarship program after considering the Board’s recommendations. The regulations must govern the award of workforce investment scholarships covering tuition, books, fees, and related expenses to attend an undergraduate degree program at:
1. Montgomery College for the first 2 years; and
2. the Universities at Shady Grove for the last 2 years; or
3. any campus for one of the participating Universities at Shady Grove for the last 2 years if the degree program is not offered at Shady Grove.
Montgomery County, Md., Code § 44-48 (2026)
Sec. 44-48. Workforce Investment Scholarship Board.LinkCopy Citation
(a)
Creation. The County Executive must appoint, subject to confirmation by the County Council, a Workforce Investment Scholarship Board, consisting of 3 members.
(b)
Composition; appointments of members.
(1)
One member must be nominated by the Director
(2)
One member must be nominated by the President of Montgomery College.
(3)
One member must be nominated by the Executive Director of the Universities at Shady Grove.
(c)
Chair; vice chair. The Board must annually select one member as chair and another as vice chair, and any other officers it finds necessary.
(d)
Terms; reappointments. The term of office of each member is 3 years. A member continues in office until a successor is confirmed.
(e)
Compensation. A member receives no compensation for serving on the Board.
(f)
Quorum. A quorum is a majority of the members of the Board.
(g)
Meetings; reports. The Board may meet at the call of the chair as frequently as required to perform its duties, but no less than 4 times each year. The Board must submit an annual report on December 31 to the Executive and Council summarizing its activities, needs, and recommendations, and the degree to which the goals of the Board are being met.
Montgomery County, Md., Code § 44-49 (2026)
Sec. 44-49. Duties of Board.LinkCopy Citation
The Board must:
(a)
recommend regulations governing the award of workforce investment scholarships;
(b)
recommend an annual Workforce Investment Scholarship budget request to the Director for inclusion in the Executive’s recommended annual operating budget;
(c)
adopt procedures as necessary to achieve the purposes of this Article, and keep a record of its activities and minutes of all meetings; and
(d)
make recommendations to the Executive and the Council on the workforce investment scholarship program.
Montgomery County, Md., Code § 44-50 (2026)
Sec. 44-50. Duties of the Director.LinkCopy Citation
The Director:
(a)
must provide staff services and administrative support to the Board;
(b)
must annually specify the County’s 10 most needed occupations as defined in the regulations;
(c)
must submit an annual Workforce Investment Scholarship Program budget request to the Executive; and
(d)
may enter into an agreement with Montgomery College, the Universities at Shady Grove, or one of the participating Universities at Shady Grove to administer the scholarship program.