1. A. Requirement to be Licensed or Hold a Letter of Compliance. A tax-exempt religious organization that operates a nursery school or child care program in a school building used exclusively for children who are enrolled in that school, is required to be licensed under COMAR 13A.16 or to hold a letter of compliance in accordance with the requirements of this subtitle.

2. B. General Requirements.

   1. (1) A letter of compliance:

      1. (a) Is nontransferable; and
      2. (b) Remains the property of the office.

   2. (2) The operator shall surrender the letter of compliance to the office immediately if any of the following occurs or becomes effective:

      1. (a) The operator closes the facility permanently;
      2. (b) The letter of compliance is suspended;
      3. (c) The letter of compliance is revoked;
      4. (d) The operator has not applied for a continuing letter of compliance before the expiration date of the initial letter of compliance; or
      5. (e) The letter of compliance expires and an application for a continuing letter of compliance is denied.

3. C. The operator may not allow an employee, staff member, substitute, or volunteer to:

   1. (1) Be assigned to a group of children or have access to a child in care until the individual has successfully passed the child abuse and neglect clearance and a federal or State criminal background check; or
   2. (2) Be alone with a child or group of children until all checks have been successfully passed.

Authority: 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 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 .01C adopted effective January 13, 2020 (47:1 Md. R. 16)

Regulation .02 amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 16)

Regulation .02A amended effective November 13, 2023 (Md. R. 977)

Regulation .03A amended effective July 20, 2015 (42:14 Md. R. 883)

Regulation .03C amended effective April 14, 2014 (41:7 Md. R. 423); July 20, 2015 (42:14 Md. R. 883)

Regulation .04A amended effective July 20, 2015 (42:14 Md. R. 883)

Regulation .05B amended effective January 13, 2020 (47:1 Md. R. 16)

Regulation .06A amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 16)