1. A. 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.
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 in Nursery Schools. In groups of children of the same age in a nursery school, the following requirements apply:

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

4. D. 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:

   Child Age Group	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 or older	1 to 15	30

5. E. Mixed Age Groups.

   1. (1) A mixed age group with preschool children may not exceed 20 children.
   2. (2) In a mixed age group with preschool children 3 years old or older, the staff to child ratio is 1 to 10.
   3. (3) A maximum of six 2-year-olds may be in a mixed age group of 13 to 20 children.

   4. (4) In mixed-age groups of varying sizes that include children who are 2 years old, 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

6. F. 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, 9.5-405, 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 .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)