An operator shall ensure that: Each child receives: Attention to the child's individual needs, including but not limited to making reasonable accommodations for a child with special needs in accordance with applicable federal and State laws; and Adequate supervision and care at all times that is: Provided only by individuals who are designated by the operator to provide supervision and care; and Appropriate to the individual age, needs, and capabilities of the child; Each staff member providing care to a child is: Oriented to the child's individual care needs; and Prepared to provide the appropriate individual care; Written information about the child's individual needs that was supplied by the parent by the time of the child's admission to care is used by the operator to meet the child's individual care needs; A child is under close and continuous supervision whenever using potentially dangerous activity materials or equipment such as, but not limited to, scissors, sharp tools, or knives; and A child is allowed to travel to or from school or a school transportation site without adult supervision only if: The child is in the first or a higher grade; and The child's parent and the operator agree in writing that the child can travel safely without adult supervision. In case of an emergency, during periods when only one staff member is required to be present to meet the staff/child ratio, an operator shall obtain a written, signed, and dated agreement from an adult who: Has successfully passed a federal and State criminal background check and a review of child abuse and neglect records; and Is willing and able to be at the nursery school or child care program within 15 minutes of notification. Assignment of Staff. One or more staff members 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. 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. Same-Age Groups in Nursery Schools. In groups of children of the same age in a nursery school, the following requirements apply: Same-Age Groups in Before-School and After-School Child Care Programs. In groups of children of the same age in a before-school or after-school child care program, the following requirements apply: Mixed Age Groups. A mixed age group with preschool children may not exceed 20 children. In a mixed age group with preschool children 3 years old or older, the staff to child ratio is 1 to 10. A maximum of six 2-year-olds may be in a mixed age group of 13 to 20 children. In mixed-age groups of varying sizes that include children who are 2 years old, the following minimum staffing levels apply: 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. Group sizes for all ages may vary during outdoor play and special activities such as field trips and assemblies, only if the operator maintains the staff/child ratios required by this chapter. Groups containing only school age children may be of any size, pursuant to a plan approved by the office, if the staff/child ratios required by this chapter are maintained. An operator shall have prior written approval from a child's parent for the child's participation in a water activity. If a wading or swimming area is 4 feet or less in depth, each child engaged in a water activity shall receive continuous supervision by a staff member. If the water exceeds 4 feet in depth, there shall be a lifeguard present who: Holds a current certificate of approval for lifeguarding from the American Red Cross, YMCA, or other organization acceptable to the office or the local health department; Is present at waterside during the swimming activity; and May not be included in the required staff/child ratio. Except during a swimming lesson conducted by a certified water safety organization, such as the American Red Cross, that is acceptable to the office or the local health department, whenever water is over the chest of a child who cannot swim, the child shall receive one-to-one supervision by a staff member who is in the water with the child. When child transportation is conducted to or from: The child care facility by the facility operator, there shall be at least one adult, who has successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records pursuant to COMAR 13A.17.07.06C, other than the driver present in the vehicle if: More than eight preschoolers are being transported as a group; or At least one child is being transported and the driver of the vehicle is not: A facility employee; or The parent of a child in care who is authorized by the operator to assist in transporting children in care; or An off-site activity by an independent contractor or a local school district and at least one child in care is being transported, the facility operator shall ensure that there is at least one adult other than the driver present in the vehicle. When a group of children is engaged in a playground or outdoor activity, staff members assigned to the group shall: Station themselves near the children so that immediate intervention can occur if necessary; and If a child expresses or shows signs of discomfort due to over-activity, temperature or weather conditions, or other physical or environmental factors, take immediate and appropriate steps to alleviate the discomfort. During a rest period for a group of children: The required staff/child ratio applicable to that group shall be maintained until all the children are resting quietly; and Once all the children in the group are resting quietly: At least one staff member assigned to the group shall continue to remain in the room with the children; and Other staff members, if any, assigned to the group may leave the room but shall remain on the premises and within hearing range. Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 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) Effective date: October 20, 2008 (35:21 Md. R. 1827) Regulation .01A amended effective July 20, 2015 (42:14 Md. R. 883) Regulation .06A amended effective April 19, 2010 (37:8 Md. R. 619); January 13, 2020 (47:1 Md. R. 16) Regulation .08 adopted effective January 13, 2020 (47:1 Md. R. 16)