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<section article="ged" article_name="Education" number="9.5-1103" effective_note="EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 779 OF 2023" title_number="9.5" title_name="Division of Early Childhood Development" subtitle_number="11" subtitle_name="Outdoor Preschool License Pilot Program">
  <level label="a">
    <level label="1">
      <text>On or before August 31, 2023, the Department shall begin to promulgate regulations necessary to comply with § 9.5–1102(a) and (b) of this subtitle.</text>
    </level>
    <level label="2">
      <text>The Pilot Program shall begin on or before August 31, 2024, and shall continue for 4 school years.</text>
    </level>
    <level label="3">
      <text>Except as provided in paragraph (4) of this subsection, the Department shall select between 5 and 10 outdoor, nature–based early learning and child care programs to participate in the Pilot Program during the first year of the Pilot Program.</text>
    </level>
    <level label="4">
      <text>If the Department receives fewer than 5 applications that meet the rules and regulations for licensure and operation of outdoor, nature–based early learning and child care programs under subsection (c) of this section, the Department shall select for approval all applicants that qualify.</text>
    </level>
  </level>
  <level label="b">
    <text>When selecting and approving outdoor, nature–based early learning and child care programs to participate in the Pilot Program, the Department:</text>
    <level label="1">
      <text>Shall give priority to:</text>
      <level label="i">
        <text>Existing outdoor, nature–based early learning and child care programs that are licensed as camps by the Maryland Department of Health; and</text>
      </level>
      <level label="ii">
        <text>Existing licensed child care centers or registered family child care homes that participate in the Maryland EXCELS Program and are seeking to expand into nature–based early learning;</text>
      </level>
    </level>
    <level label="2">
      <text>Shall, to the extent practicable, select a mix of rural, urban, and suburban programs; and</text>
    </level>
    <level label="3">
      <text>May give priority to:</text>
      <level label="i">
        <text>Areas where there are few or limited licensed early child care programs; and</text>
      </level>
      <level label="ii">
        <text>Areas of need where licensed early child care programs are at or near full capacity, and where access may be restricted by enrollment waitlists.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>The Department shall adopt rules and regulations for the licensure and operation of outdoor, nature–based early learning and child care programs.</text>
    </level>
    <level label="2">
      <text>The regulations shall include provisions for:</text>
      <level label="i">
        <text>Bathroom use and diaper changing;</text>
      </level>
      <level label="ii">
        <text>Hand washing;</text>
      </level>
      <level label="iii">
        <text>Sheltering during inclement weather;</text>
      </level>
      <level label="iv">
        <text>Correct child–to–staff ratios for the outdoor setting;</text>
      </level>
      <level label="v">
        <text>The safe storage of and ready access to medication;</text>
      </level>
      <level label="vi">
        <text>Accommodations for children with disabilities;</text>
      </level>
      <level label="vii">
        <text>The safe storage and preparation of food;</text>
      </level>
      <level label="viii">
        <text>Establishing safe boundaries in unenclosed outdoor spaces and boundaries around hazards;</text>
      </level>
      <level label="ix">
        <text>Proper outdoor clothing for children;</text>
      </level>
      <level label="x">
        <text>Access to potable drinking water; and</text>
      </level>
      <level label="xi">
        <text>Appropriate sleeping areas for naps.</text>
      </level>
    </level>
    <level label="3">
      <text>In adopting rules and regulations under this subsection, the Department may adapt existing child care licensing requirements to allow for the operation of the Pilot Program.</text>
    </level>
    <level label="4">
      <text>In adopting rules and regulations under this subsection, the Department shall consult with stakeholders that have expertise in providing outdoor, nature–based early learning and child care, including representatives from the Outdoor Preschool Licensing Advisory Team established by the Eastern Region Association of Forest and Nature Schools.</text>
    </level>
  </level>
</section>
