1. A. Assignment of Staff. One or more family 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—G 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 a group of children of the same age, 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	12
   5 years old or older	1 to 12	12

4. D. Groups of Children Younger than 2 Years Old. In a group of children where 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 to 2 infants in the group	1 to 3	9
   Infants and toddlers, with 3 or more infants in the group	1 to 3	6

5. E. Mixed-Age Groups with Children Younger than 2 Years Old. In a group where children younger than 2 years old are mixed with children 2 years old or older, the following minimum staffing levels and maximum group size requirements apply:

   Group Composition	Minimum Staffing Level	Maximum Group Size
   Includes 1 or 2 children under the age of 2	1 staff member	8
   Includes 1 or 2 children under the age of 2	2 staff members	12
   Includes 3 or 4 children under the age of 2	2 staff members	8
   Includes 3 or 4 children under the age of 2	3 staff members	12

6. F. Mixed-Age Groups with Children 2 Years Old or Older.

   1. (1) In a mixed age group with children who are 3 years old or older, the staff to child ratio is 1 to 10.

   2. (2) 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
      Includes one to three 2-year-old children	Up to 10	1 staff member
      Includes four or more 2-year-old children	Up to 12	2 staff members

7. G. 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 Ages	Staff/Child Ratio	Maximum Group Size
      2 years old	1 to 6	12
      3 years old or older	1 to 12	12

   2. (2) A nursery school may not exceed a staff/child ratio or group size requirement set forth at §G(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, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321; 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: February 6, 2012 (39:2 Md. R. 142)

Regulation .01A amended effective July 20, 2015 (42:14 Md. R. 884); January 13, 2020 (47:1 Md. R. 17)

Regulation .02B amended effective January 13, 2020 (47:1 Md. R. 17)

Regulation .02D amended effective June 24, 2013 (40:12 Md. R. 1043)

Regulation .03G adopted effective June 24, 2013 (40:12 Md. R. 1043)

Regulation .06B amended effective January 13, 2020 (47:1 Md. R. 17)

Regulation .08B, C amended effective January 13, 2020 (47:1 Md. R. 17)