An operator shall ensure that:

1. A. Each child receives:

   1. (1) Attention to the child's individual needs, including but not limited to:

      1. (a) Making reasonable accommodations for a child with a disability; and
      2. (b) Allowing an adult who provides specialized services to a child in care to provide those services on the facility premises as specified in the child’s individualized education plan, individualized family service plan, or written behavioral plan; and

   2. (2) Adequate supervision and care at all times which is:

      1. (a) Provided only by individuals who are designated by the operator to provide supervision and care; and
      2. (b) Appropriate to the individual age, needs, and capabilities of the child;

2. B. Each staff member providing care to a child is:

   1. (1) Oriented to the child's individual care needs; and
   2. (2) Prepared to provide the appropriate individual care;
3. C. 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;
4. D. A child is under close and continuous supervision whenever using potentially dangerous activity materials or equipment such as scissors, sharp tools, or knives; and

5. E. A child is allowed to travel to or from school or a school transportation site without adult supervision only if:

   1. (1) The child is in the first or a higher grade; and
   2. (2) The child's parent and the operator agree in writing that the child can travel safely without adult supervision.

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 Maryland
Agency 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. 1826)

Regulation .01A amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 14)

Regulation .02A amended effective July 20, 2015 (42:14 Md. R. 883)

Regulation .03 amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 14)

Regulation .03G amended effective April 19, 2010 (37:8 Md. R. 618)

Regulation .06A amended effective April 19, 2010 (37:8 Md. R. 618); January 13, 2020 (47:1 Md. R. 14)