<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 13A.16.08.03" title_num="13A" subtitle_num="16" chapter_num="08" heading="Group Size and Staffing.">
  <paragraph num="A.">
    <text>Assignment of Staff. One or more child care teachers shall be assigned to each group of children as needed to meet the requirements for group size and staffing set forth at §§C—E of this regulation.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Age of a Child. For purposes of determining group size and staff required under this chapter, the age of a child is determined solely according to the date of the child's most recent birthday.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Same-Age Groups.</text>
    <paragraph num="(1)">
      <text>In a group of children in which each child is younger than 2 years old, the following staff/child ratio and maximum group size requirements apply:</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In a group of children of the same age who are 2 years old or older, the following staff/child ratio and maximum group size requirements apply:</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Mixed-Age Groups.</text>
    <paragraph num="(1)">
      <text>In a mixed-age group with infants or toddlers, the following minimum staffing levels apply:</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In a mixed-age group with preschool children:</text>
      <paragraph num="(a)">
        <text>The group size may not exceed 20 children;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If the group contains preschool children 3 years old or older, the staff-to-child ratio is 1 to 10;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>If the group size is 13 to 20 children, the group may not contain more than six 2-year-olds; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>If the group contains children who are 2 years old and the group size varies, the following minimum staffing levels apply:</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>School-Age Groups. In a group where 3-year-old and 4-year-old children, enrolled in a public or nonpublic school, are mixed with school-age children, the following minimum staffing levels and maximum group size requirements apply:</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Group Size and Staffing in Approved Educational Programs.</text>
    <paragraph num="(1)">
      <text>During a school day approved by the Department, a teacher shall be assigned to each class and the following requirements apply:</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A nursery school may not exceed a staff/child ratio or group size requirement set forth at §E(1) of this regulation, except that a Montessori school that has been approved by the Department may exceed a staff/child ratio or group size requirement by no more than 1/3.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>When children who are 2 years old, 3 years old, 4 years old, and 5 years old are grouped together, the average age of all the children in the group as of September 1 of that school year is used to determine the group's maximum size and staff/child ratio.</text>
    </paragraph>
  </paragraph>
</regulation>