# COMAR Title 13A — State Board of Education

## Subtitle 16 — Child Care Centers

### Chapter 16 — Educational Programs in Nonpublic Nursery Schools

**Authority:** Education Article, §§9.5-401, 9.5-404—9.5-411 and 9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)

**Administrative History:** Effective date: April 23, 2007 (34:8 Md. R. 768)

**Administrative History:** Regulation .02B amended effective July 28, 2008 (35:15 Md. R. 1350)

**Administrative History:** Regulation .08D amended effective July 28, 2008 (35:15 Md. R. 1350)

**Administrative History:** Chapter recodified from COMAR 13A.14.13 to COMAR 13A.16.16 effective October 20, 2008 (35:21 Md. R. 1826)

**Administrative History:** Regulation .02B amended effective April 19, 2010 (37:8 Md. R. 618); April 14, 2014 (41:7 Md. R. 423); January 13, 2020 (47:1 Md. R. 14)

**Administrative History:** Regulation .03 amended effective April 14, 2014 (41:7 Md. R. 423)

**Administrative History:** Regulation .03B amended effective April 19, 2010 (37:8 Md. R. 618); January 13, 2020 (47:1 Md. R. 14)

**Administrative History:** Regulation .04A amended effective April 14, 2014 (41:7 Md. R. 423)

**Administrative History:** Regulation .04E amended effective January 13, 2020 (47:1 Md. R. 14)

**Administrative History:** Regulation .06 amended effective April 19, 2010 (37:8 Md. R. 618); April 14, 2014 (41:7 Md. R. 423); July 20, 2015 (42:14 Md. R. 883)

**Administrative History:** Regulation .08D amended effective April 19, 2010 (37:8 Md. R. 618)

#### Regulation .01 Purpose and Scope.

*COMAR 13A.16.16.01*

A. Purpose. This chapter establishes requirements for approval to operate an educational program in a nonpublic nursery school.

B. Scope. This chapter does not apply to an educational program in a nonpublic nursery school operated by:

  (1) The federal government or any State, county, or municipal agency or division of these; or

  (2) A bona fide church organization that is exempt from holding a certificate of approval by the State Board under Education Article, §2-206, Annotated Code of Maryland.

#### Regulation .02 Definitions.

*COMAR 13A.16.16.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “AMI” means Association Montessori International.

  (2) “AMS” means American Montessori Society.

  (3) “Certificate of approval” means the document issued by the State Board to the legal authority responsible for governing and operating a school if the school has met the requirements of this chapter.

  (4) “Child care center license” means the document issued by the Department pursuant to COMAR 13A.16 that authorizes the recipient to operate a child care center.

  (5) “Class” means a group of students scheduled to report regularly to a teacher at a particular time and place for the implementation of an educational program.

  (6) “Department” means the State Department of Education.

  (7) “Department representative” means an individual designated by the Department to determine compliance with this chapter.

  (8) “Educational program” means an organized program of instruction that:

    (a) Is provided by a teacher; and

    (b) Meets the requirements of Regulation .07 of this chapter.

  (9) “Institution of higher education (IHE)” means a college or university that is accredited by an accrediting commission of one of the regional associations of colleges and schools.

  (10) “Letter of compliance” means a document issued by the Department pursuant to COMAR 13A.17 that authorizes the recipient to operate a letter of compliance facility.

  (11) “MACTE” means Montessori Accreditation Council for Teacher Education.

  (12) “NAMTA” means North American Montessori Teachers’ Association.

  (13) “Nursery school” means an educational program for children who are 2 years old, 3 years old, 4 years old, or any consecutive sequence of these ages.

  (14) “Office” means the central office or a regional office of the Department's Division of Early Childhood Development, Office of Child Care.

  (15) “Operator” means:

    (a) The nonpublic entity registered as active with the State Department of Assessments and Taxation that is responsible for governing and operating a school;

    (b) The individual or entity to which a child care center license or a letter of compliance has been issued by the Department; or

    (c) A bona fide church organization that is approved by the State Board to operate an educational program.

  (16) “State Board” means the Maryland State Board of Education.

  (17) “Teacher” means an individual who:

    (a) Provides instruction to children enrolled in an educational program; and

    (b) Meets the requirements of Regulation .06C of this chapter.

#### Regulation .03 Approval to Operate an Educational Program — General Requirements.

*COMAR 13A.16.16.03*

A. An individual or entity may operate an educational program in a nonpublic nursery school only if the individual or entity holds a valid child care license or letter of compliance issued by the Department.

B. A bona fide church organization may be approved to operate an educational program without holding a child care center license or a letter of compliance if child care is not a component of the program.

C. An entity may operate a Montessori school only if it is certified by a Montessori validating organization.

D. The operator of a licensed small center may not be approved to operate an educational program if:

  (1) The small center is located in a private residence; and

  (2) The program would be operated in the living space of the residence.

E. Unless an operator chooses to cease operating an educational program, approval to operate the program, once granted, shall continue as long as the:

  (1) Operator's child care center license or letter of compliance, as applicable and if required, remains in effect;

  (2) Educational program is operated according to the terms under which approval to operate was granted; and

  (3) Operator remains in full compliance with all applicable requirements of this chapter.

F. Approval to operate an educational program in a nonpublic nursery school becomes void if the nonpublic nursery school's approval is suspended or revoked, or the child care center license or letter of compliance, as applicable, is suspended or revoked and the operator:

  (1) Does not appeal the suspension or revocation action; or

  (2) Appeals the suspension or revocation action and the action is upheld through the administrative hearing process or notice of deficiencies hearing before the State Board in accordance with Education Article, §2-206, Annotated Code of Maryland.

G. An operator that has ceased operating an educational program subject to the requirements of this chapter shall promptly return to the office the child care center license, letter of compliance, or other approval document, as applicable, that certifies approval to operate the educational program.

H. Any educational program that is solely educational that is approved prior to the effective date of this regulation shall continue to operate under its current certificate of approval in accordance with this chapter.

#### Regulation .04 Approval to Operate an Educational Program — Specific Requirements.

*COMAR 13A.16.16.04*

A. Application for Approval.

  (1) Application for approval shall be made in a manner and form and according to timelines established by the office.

  (2) The applicant shall submit all information that the office considers necessary in order to ascertain compliance with the requirements of this chapter.

  (3) An operator approved to operate an educational program may not apply for approval to operate another educational program if the educational program for which the operator is currently approved is not in full compliance with all applicable requirements of this chapter.

  (4) An application for licensure as a Montessori school may not be approved until the applicant has successfully completed the process of validation, as required at COMAR 13A.09.09.03N, by an approved Montessori validating organization.

B. When the office is satisfied that the requirements of this chapter have been met, the office shall issue to the applicant a child care center license, letter of compliance, or other approval document, as applicable, that certifies approval to operate an educational program.

C. The child care center license, letter of compliance, or other approval document, as applicable, shall specify the terms under which approval to operate an educational program has been granted, including the:

  (1) Hours, days, and months of approved operation; and

  (2) Ages of children who may be enrolled in the program.

D. If the operator intends to change the terms under which approval has been granted, the operator shall:

  (1) Notify the office in writing at least 60 days before the occurrence of any change or changes; and

  (2) Furnish any information the office considers necessary to approve the change or changes planned by the operator.

E. An operator may not seek approval of a change in the terms of the approval under any one or combination of the following circumstances:

  (1) The educational program demonstrates an area or areas of noncompliance;

  (2) The office has received and is investigating a complaint alleging that the educational program is in violation of one or more regulations under this chapter;

  (3) The office is implementing a sanction or an enforcement action against the child care center license, the letter of compliance, or other approval document, as applicable, pursuant to COMAR 13A.16, COMAR 13A.17, or COMAR 13A.18; or

  (4) A deficiency hearing is pending before the State Board in accordance with Education Article, §2-206, Annotated Code of Maryland.

F. Notwithstanding the requirement established in §E of this regulation, an operator may seek approval of a change in the terms of the approval if approval of the change is the means for the operator to demonstrate compliance with this chapter.

G. An operator may not implement a change in the terms of approval until the office has issued a revised child care center license, letter of compliance, or other approval document, as applicable, that reflects the change.

H. An operator shall inform the office in writing at least 30 days before the operator ceases operating an educational program.

#### Regulation .05 Compliance and Inspections.

*COMAR 13A.16.16.05*

A. Continued approval to operate an educational program is conditioned on the operator's maintaining compliance with this chapter.

B. To evaluate compliance with this chapter, the office may inspect the educational program, with or without prior notice to the operator, at any time during the approved hours of operation of the program.

C. During an inspection, the operator shall permit the Department representative access to any activity, person, material, document, or other information or source of information connected with the educational program that is considered necessary by the Department representative for the purpose of the inspection.

D. Following each inspection of the educational program, the office shall provide the operator with a written report of all findings of the inspection.

E. If the educational program fails to demonstrate compliance with the requirements of this chapter, the office shall notify the operator in writing of the:

  (1) Regulation or regulations with which the program does not demonstrate compliance;

  (2) Fact or facts that demonstrate the program's noncompliance with each regulation;

  (3) Action or actions the operator is required to take to demonstrate compliance with each regulation; and

  (4) Date by which the program is required to demonstrate compliance with each regulation.

F. Sanctions.

  (1) Failure to maintain compliance with applicable requirements of this chapter may result in a sanction by the office, including restriction, suspension, or revocation of the approval to operate the educational program.

  (2) Sanctions may be severable against an educational program located in a licensed child care center or a letter of compliance facility.

#### Regulation .06 Personnel Qualifications.

*COMAR 13A.16.16.06*

A. Educational Program Administrator.

  (1) The operator shall have an educational program administrator or director who is responsible for the day-to-day administration of the educational program.

  (2) An individual hired as the educational program administrator at a minimum shall meet the standards established in §C(3) of this regulation.

  (3) The operator shall have a written position description that states the duties and responsibilities of the educational program administrator.

  (4) The educational program administrator shall have sufficient time during each educational program day to carry out the duties and responsibilities stated in the written position description of the educational program administrator.

B. Director in an Approved Montessori School.

  (1) To qualify as a director in an approved Montessori school, an individual shall hold a Montessori credential that has been awarded by:

    (a) AMI, AMS, or NAMTA; or

    (b) A Montessori teacher education program that is accredited by MACTE.

  (2) To qualify as a director in a Montessori school that has been approved by the Department, an individual shall complete approved continued training, at the rate of at least 12 clock hours per full year of employment, that consists of a minimum of 6 clock hours of Montessori education training.

C. Teachers.

  (1) An educational program shall have a teacher to implement the educational program in each class.

  (2) A teacher, regardless of whether the employment status of the teacher is full-time, part-time, paid, volunteer, or substitute, shall meet the requirements of §C(3) of this regulation.

  (3) A teacher who provides instruction in language and literacy development, mathematical and scientific thinking, or social studies shall hold or have completed:

    (a) A bachelor's degree from an IHE;

    (b) 120 semester hours of college credit from an IHE; or

    (c) A foreign credential that is determined by the Department to be equivalent to a bachelor's degree from an IHE.

  (4) A teacher employed in a Montessori program shall hold a Montessori diploma or credential for the level of the individual’s assignment that has been awarded by:

    (a) AMI, AMS, or NAMTA; or

    (b) A Montessori teacher education program that is accredited by MACTE.

  (5) If the degree, college credit, or foreign credential required by §C(3) of this regulation does not include at least 6 semester hours of approved early childhood coursework, the teacher shall, in addition:

    (a) Hold or have completed:

      (i) The Child Development Associate Credential issued by the Child Development Associate National Credentialing Program; or

      (ii) 6 semester hours, 90 clock hours or their equivalent of approved pre-service training; or

    (b) Be certified by the Department as a teacher for early childhood in nursery through third grade.

  (6) An individual approved as a teacher by the Department before July 1, 2010, shall remain qualified for that position as long as the individual is continuously employed as a teacher.

  (7) Effective July 1, 2010, a teacher in an educational program shall complete at least 12 clock hours of approved continued training per full year of employment, measured from date of hire, in that position.

  (8) A teacher in an approved Montessori school shall complete approved continued training, at the rate of at least 12 clock hours per full year of employment, that consists of a minimum of 6 clock hours of Montessori education training.

D. An individual who provides assistance to a teacher in a class is not required to meet the requirements of §C(3) or (7) of this regulation.

E. Written Statement of Teacher Qualifications. An operator shall:

  (1) Maintain a written statement of the qualifications of each teacher who implements the educational program; and

  (2) On request by a parent or legal guardian of a child enrolled, or being considered for enrollment, in the educational program, give to the parent or legal guardian a written statement of the qualifications of each teacher who implements the educational program.

#### Regulation .07 Educational Program.

*COMAR 13A.16.16.07*

A. Program. The operator shall implement and maintain at the nonpublic nursery school a written curriculum of the nonpublic nursery school's educational program for the development of skills for each approved nursery school age in the following areas:

  (1) Personal and social development;

  (2) Language and literacy development;

  (3) Mathematical and scientific thinking;

  (4) Social studies;

  (5) The arts; and

  (6) Physical development and health.

B. Instructional Materials and Equipment. The operator shall own and maintain the nonpublic nursery school instructional materials and equipment required to implement the written curriculum of the educational program specified in §A of this regulation.

#### Regulation .08 Child Records.

*COMAR 13A.16.16.08*

A. The operator of an educational program in a nonpublic nursery school shall maintain a cumulative record for each child enrolled in the educational program.

B. Each child's record shall include the:

  (1) Nonpublic nursery school's name;

  (2) Nonpublic nursery school's address;

  (3) Nonpublic nursery school's telephone number;

  (4) Child's first, middle, and last names;

  (5) Child's month, day, and year of birth;

  (6) Child's home address;

  (7) Month, day, and year the child initially entered the educational program;

  (8) Age on enrollment in the educational program;

  (9) Month, day, and year the child withdrew from the educational program, if applicable;

  (10) Child's performance information in each curricular area;

  (11) Code for the meaning of performance information; and

  (12) Number of days the child attended in each school year.

C. In a licensed child care center or a letter of compliance facility, the requirements of §B(1)—(8) of this regulation are met by compliance with child record requirements set forth at COMAR 13A.16.03.04 or COMAR 13A.17.03.04, as applicable.

D. Age of Admission.

  (1) Except as provided by §D(2) of this regulation, a child shall be 2 years old, 3 years old, or 4 years old on or before September 1 of a school year to be age-eligible for admission during that school year to a nonpublic nursery school program approved under this chapter.

  (2) A nonpublic nursery school may adopt policies and procedures permitting, on request by a child's parent or guardian, and if a nonpublic nursery school determines that a child demonstrates capabilities warranting early admission, a:

    (a) 2 year old child to be admitted to a 3 year old nursery school program; or

    (b) 3 year old child to be admitted to a 4 year old nursery school program.

#### Regulation .09 Health, Fire Safety, and Zoning.

*COMAR 13A.16.16.09*

A. An operator shall obtain and maintain documentation verifying current compliance with health, fire safety, and zoning regulations applicable to a nonpublic nursery school.

B. In a licensed child care center or a letter of compliance facility, the requirements of §A of this regulation are met by complying with pertinent health, fire safety, and zoning requirements set forth under COMAR 13A.16 or COMAR 13A.17, as applicable.

#### Regulation .10 Procedures and Sanctions for Noncompliance — Educational Programs.

*COMAR 13A.16.16.10*

If the Department believes that a nonpublic nursery school does not meet the conditions or standards on which the certificate of approval of the school was based, the Department shall implement procedures and sanctions for noncompliance approved by the State Board.