1. A. An individual or entity may operate an educational program in a nonpublic nursery school only if the individual or entity holds a valid child care license or letter of compliance issued by the Department.
2. B. A bona fide church organization may be approved to operate an educational program without holding a child care center license or a letter of compliance if child care is not a component of the program.

3. C. The operator of a licensed small center may not be approved to operate an educational program if:

   1. (1) The small center is located in a private residence; and
   2. (2) The program would be operated in the living space of the residence.

4. D. Unless an operator chooses to cease operating an educational program, approval to operate the program, once granted, shall continue as long as the:

   1. (1) Operator's child care center license or letter of compliance, as applicable and if required, remains in effect;
   2. (2) Educational program is operated according to the terms under which approval to operate was granted; and
   3. (3) Operator remains in full compliance with all applicable requirements of this chapter.

5. E. Approval to operate an educational program in a nonpublic nursery school becomes void if the nonpublic nursery school's approval is suspended or revoked, or the child care center license or letter of compliance, as applicable, is suspended or revoked and the operator:

   1. (1) Does not appeal the suspension or revocation action; or
   2. (2) Appeals the suspension or revocation action and the action is upheld through the administrative hearing process or notice of deficiencies hearing before the State Board in accordance with Education Article, §2-206, Annotated Code of Maryland.
6. F. An operator that has ceased operating an educational program subject to the requirements of this chapter shall promptly return to the office the child care center license, letter of compliance, or other approval document, as applicable, that certifies approval to operate the educational program.
7. G. Any educational program that is solely educational that is approved prior to the effective date of this regulation shall continue to operate under its current certificate of approval in accordance with this chapter.

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: April 23, 2007 (34:8 Md. R. 768)

Regulation .02B amended effective July 28, 2008 (35:15 Md. R. 1350)

Regulation .08D amended effective July 28, 2008 (35:15 Md. R. 1350)

Chapter recodified from COMAR 13A.14.13 to COMAR 13A.17.14 effective October 20, 2008 (35:21 Md. R. 1827)

Regulation .02B amended effective April 19, 2010 (37:8 Md. R. 619); January 13, 2020 (47:1 Md. R. 16)

Regulation .03B amended effective April 19, 2010 (37:8 Md. R. 619); January 13, 2020 (47:1 Md. R. 16)

Regulation .06 amended effective April 19, 2010 (37:8 Md. R. 619)

Regulation .08D amended effective April 19, 2010 (37:8 Md. R. 619)