1. A. 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.
2. B. 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.

3. C. Same-Age Groups.

   1. (1) 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:

      Child Ages	Staff/Child Ratio	Maximum Group Size
      Infants	1 to 3	6
      Toddlers	1 to 3	9
      Infants and toddlers, with 1 or 2 infants in the group	1 to 3	9
      Infants and toddlers, with 3 or more infants in the group	1 to 3	6

   2. (2) 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:

      Child Ages	Staff/Child Ratio	Maximum Group Size
      2 years old	1 to 6	12
      3 or 4 years old	1 to 10	20
      5 years old and older	1 to 15	30

4. D. Mixed-Age Groups.

   1. (1) In a mixed-age group with infants or toddlers, the following minimum staffing levels apply:

      Group Composition	Maximum Group Size	Minimum Staffing Level
      Group includes 1 or 2 infants	9	2 staff members
      Group includes 3 or more infants	6	2 staff members
      Group includes 1 or 2 toddlers	12	2 staff members
      Group includes 3 toddlers	9	2 staff members
      Group includes 4 or more toddlers	9	3 staff members
      Group includes no infants, 1 or 2 toddlers, and 6 or more 2 year olds	12	3 staff members

   2. (2) In a mixed-age group with preschool children:

      1. (a) The group size may not exceed 20 children;
      2. (b) If the group contains preschool children 3 years old or older, the staff-to-child ratio is 1 to 10;
      3. (c) If the group size is 13 to 20 children, the group may not contain more than six 2-year-olds; and

      4. (d) If the group contains children who are 2 years old and the group size varies, the following minimum staffing levels apply:

         Group Composition	Group Size	Minimum Staffing Level
         Group includes one to three 2-year-old children	7 to 10	1 staff member
         Group includes four or more 2-year-old children	7 to 10	2 staff members
         Group includes one to three 2-year-old children	13 to 20	2 staff members
         Group includes four to six 2-year-old children	13 to 20	3 staff members

   3. (3) 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:

      Group Composition	Maximum Group Size	Minimum Staffing Level
      Group includes up to five children 3 or 4 years old	30	1 school-age teacher and 1 assistant or aide
      Group includes 6 to 9 children 3 or 4 years old	30	1 school-age teacher and 2 assistants or 1 school age teacher, 1 assistant and 1 aide
      Group includes 6 to 9 children 3 or 4 years old	25	1 school-age teacher and 1 assistant or aide
      Group includes 10 or more children 3 or 4 years old	20	1 preschool teacher and 1 assistant or aide

5. E. Group Size and Staffing in Approved Educational Programs.

   1. (1) During a school day approved by the Department, a teacher shall be assigned to each class and the following requirements apply:

      Child Age Group	Staff/ Child Ratio	Maximum Group Size
      2 years old	1 to 6	12
      3 or 4 years old	1 to 12	24
      5 years old or older	1 to 15	30

   2. (2) 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.
   3. (3) 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.

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)