1. A. Applicability of Subtitle. Except as specified under §B of this regulation, this subtitle governs:

   1. (1) Nonparental care of children for part of a 24-hour day in nursery schools operated by tax-exempt religious organizations; and
   2. (2) Child care programs operated by tax-exempt religious organizations in school buildings used exclusively for children who are enrolled in those schools, by whatever name known.

2. B. Exemptions. This subtitle does not apply to:

   1. (1) A nonpublic kindergarten for children 5 years old or older during the hours in which an instructional program is offered;
   2. (2) A nonpublic elementary school during the hours in which an instructional program is offered;
   3. (3) A program that operates for 6 weeks or less in any calendar year;
   4. (4) The physical plant, including sanitary facilities, of a child care facility used exclusively for school age children, located in a currently operating nonpublic school building, if the application of a regulation would require modification of the physical plant; and

   5. (5) The instructional program, curriculum, and teacher, principal, and administrator qualifications of a:

      1. (a) Nursery school operated by a tax-exempt religious organization which does not have a certificate of approval from the State Board of Education; or
      2. (b) Child care program operated by a tax-exempt religious organization in a school building used exclusively for children who are enrolled in that school.

Authority: Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 905-411, and 9.5-413—9.5-418; Family Law Article, §§5-550—5-558; 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. 1827)

Regulation .02B amended effective April 19, 2010 (37:8 Md. R. 619); March 21, 2011 (38:6 Md. R. 396); June 24, 2013 (40:12 Md. R. 1043); April 14, 2014 (41:7 Md. R. 423); July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 16); April 18, 2022 (49:7 Md. R. 500)

Regulation .02B amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (51:2 Md. R. 76)