# Education (GED)

## Title 9.5. Division of Early Childhood Development

### Subtitle 5. Child Care Centers in State-occupied Buildings

#### Section 9.5-501

(a) In this subtitle the following words have the meanings indicated.

(b) "Employee" means a State employee.

(c) "Employee occupant" means a State employee who is assigned or will be assigned to a State-occupied building.

(d) "Occupying agency" means a State agency or department which is or will be located in a State-occupied building.

(e) "State complex" means more than 1 State-occupied building or facility situated either adjacent to or within reasonable proximity to another State-occupied building or facility.

(f) "State-occupied building" means:

  (1) An office building acquired through any means by the State for use by a State agency or department; and

  (2) An office building constructed by or for the State for occupancy by a State agency or department.

#### Section 9.5-502

(a) The Department may establish child care centers for the children of State employees in State-occupied buildings in the manner provided in this section.

(b) Before the State acquires or constructs an office building that accommodates 700 or more employees, the Department shall:

  (1) Survey the employees who will be assigned to the building regarding the employees' child care needs;

  (2) Determine whether child care services for more than 29 children are needed; and

  (3) If sufficient need is demonstrated, determine how much space is required and request that the Department of General Services designate the required amount of space within the building or acquire the designated amount of space within a nearby building for a child care center.

(c) The occupying agency shall notify the employee occupants of the availability of space for a child care center at least 180 days before the projected date of occupancy.

#### Section 9.5-503

(a) The Maryland Department of Health and the Department of General Services shall cooperate with and assist the Department in carrying out the purposes of this subtitle.

(b) The Department shall:

  (1) Provide the guidance and means for establishing child care centers for the children of State employees in State-occupied buildings or nearby buildings in accordance with this subtitle;

  (2) Provide for licensing of child care centers for children of State employees;

  (3) Ensure that space designated within a State-occupied building or nearby buildings for a child care center complies with the prevailing local and State safety building codes for child care centers;

  (4) Apply the regulations adopted under Subtitle 4 of this title for child care centers; and

  (5) Contract for child care services in the space provided. Contract providers must provide proof of financial responsibility.

(c)

  (1) The Department of General Services shall:

    (i) Construct or acquire the required space to be used by the child care center, which space shall be submetered for utilities and the costs of which shall be paid by the child care center; and

    (ii) Inspect the facility monthly and inform child care center personnel of maintenance deficiencies to be corrected by the child care center.

  (2) If any deficiencies under paragraph (1)(ii) of this subsection are not corrected within a reasonable time, the Department of General Services shall notify the Department which will exact compliance in accordance with the terms of the child care center contract.

  (3) The child care center shall pay for any costs of operation of the child care center.

(d) Space originally set aside for a child care center may be used for other purposes if:

  (1) The building has been fully occupied for 180 days; and

  (2) An application to operate a child care center has not been filed under Subtitle 4 of this title.

(e) Children of State employees shall have priority over other children in admission to a child care center in a State-occupied building or nearby buildings.

(f)

  (1) After a child care center for children of State employees has been established, the Department shall assess the child care needs of the State employees using the center at least every 5 years.

  (2) If the assessment demonstrates that the service is no longer needed or feasible, the State Superintendent may close the center.

  (3) The State Superintendent shall give the child care center 90 days' written notice of closure.

#### Section 9.5-504

(a) In this section, "pilot program" means the child care centers established in State-occupied buildings or State complexes under this section.

(b) There is a pilot program for child care in State-occupied buildings and State complexes.

(c) The Department shall administer the pilot program established under this section.

(d) The pilot program shall be:

  (1) Operated in at least 1 State-occupied building or State complex where 700 or more State employees are located;

  (2) Established to accommodate at least 29 children at each location; and

  (3) Established for at least 3 years.

(e)

  (1) The Department shall contract with child care providers to operate the child care centers established under this section.

  (2) The contract for operating a child care center shall require the child care provider:

    (i) To be responsible for entering into agreements, and making arrangements with the employees, for the provision of child care;

    (ii) To provide proof of financial responsibility;

    (iii) To be licensed under this subtitle and Subtitle 4 of this title;

    (iv) To comply with any laws or regulations governing child care centers;

    (v) To obtain and keep in effect liability insurance in an amount determined to be sufficient by the State Superintendent; and

    (vi) To comply with any other requirement the State Superintendent considers reasonable and necessary.

  (3) The child care provider may not be held responsible for providing the necessary space for the operation of the child care center.

#### Section 9.5-505

(a) Within 30 days after a child under the age of 6 years enters care in a child care center in a State-occupied building, a parent or guardian of the child shall provide to the child care center evidence of an appropriate screening for lead poisoning.

(b) This evidence may include documentation from the child's continuing care health care provider that the child was screened through an initial questionnaire and was determined not to be at risk for lead poisoning.

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Md. Code Ann., Educ. (as displayed at mgaleg.maryland.gov, October 16, 2026)